reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 4 - UNIFORM COMMERCIAL CODE (§§ 4-1-101 — 4-13-306) › Article 3 - NEGOTIABLE INSTRUMENTS (§§ 4-3-101 — 4-3-605) › Part 4 - LIABILITY OF PARTIES (§§ 4-3-401 — 4-3-420) › Section 4-3-411 - Refusal to pay cashier's checks, teller's checks, and certified checks

(a)
In this section, "obligated bank" means the acceptor of a certified check or the issuer of a cashier's check or teller's check bought from the issuer.
(b)
If the obligated bank wrongfully (i) refuses to pay a cashier's check or certified check, (ii) stops payment on a teller's check, or (iii) refuses to pay a dishonored teller's check, the person asserting the right to enforce the check is entitled to compensation for expenses and loss of interest resulting from the nonpayment and may recover consequential damages if the obligated bank refuses to pay after receiving notice of particular circumstances giving rise to the damages.
(c)
Expenses or consequential damages under subsection (b) are not recoverable if the refusal of the obligated bank pay occurs because (i) the bank suspends payments, (ii) the obligated bank asserts a claim or defense of the bank that it has reasonable grounds to believe is available against the person entitled to enforce the instrument, (iii) the obligated bank has a reasonable doubt whether the person demanding payment is the person entitled to enforce the instrument, or (iv) payment is prohibited by law.
L. 94: Entire article R&RE, p. 867, § 1, effective 1/1/1995. L. 2005: (b) amended, p. 760, § 9, effective June 1.
2023 Colorado Revised Statutes › Title 4 - UNIFORM COMMERCIAL CODE (§§ 4-1-101 — 4-13-306) › Article 3 - NEGOTIABLE INSTRUMENTS (§§ 4-3-101 — 4-3-605) › Part 4 - LIABILITY OF PARTIES (§§ 4-3-401 — 4-3-420) › Section 4-3-412 - Obligation of issuer of note or cashier's check

The issuer of a note or cashier's check or other draft drawn on the drawer is obliged to pay the instrument (i) according to its terms at the time it was issued or, if not issued, at the time it first came into possession of a holder, or (ii) if the issuer signed an incomplete instrument, according to its terms when completed, to the extent stated in sections
4-3-115
and
4-3-407
. The obligation is owed to a person entitled to enforce the instrument or to an indorser who paid the instrument under section
4-3-415
.
L. 94: Entire article R&RE, p. 867, § 1, effective 1/1/1995.
2023 Colorado Revised Statutes › Title 4 - UNIFORM COMMERCIAL CODE (§§ 4-1-101 — 4-13-306) › Article 3 - NEGOTIABLE INSTRUMENTS (§§ 4-3-101 — 4-3-605) › Part 4 - LIABILITY OF PARTIES (§§ 4-3-401 — 4-3-420) › Section 4-3-413 - Obligation of acceptor

(a)
The acceptor of a draft is obliged to pay the draft (i) according to its terms at the time it was accepted, even though the acceptance states that the draft is payable "as originally drawn" or equivalent terms, (ii) if the acceptance varies the terms of the draft, according to the terms of the draft as varied, or (iii) if the acceptance is of a draft that is an incomplete instrument, according to its terms when completed, to the extent stated in sections
4-3-115
and
4-3-407
. The obligation is owed to a person entitled to enforce the draft or to the drawer or an indorser who paid the draft under section
4-3-414
or
4-3-415
.
(b)
If the certification of a check or other acceptance of a draft states the amount certified or accepted, the obligation of the acceptor is that amount. If (i) the certification or acceptance does not state an amount, (ii) the amount of the instrument is subsequently raised, and (iii) the instrument is then negotiated to a holder in due course, the obligation of the acceptor is the amount of the instrument at the time it was taken by the holder in due course.
L. 94: Entire article R&RE, p. 867, § 1, effective 1/1/1995.
This section is similar to former § 4-3-413 as it existed prior to 1994.
2023 Colorado Revised Statutes › Title 4 - UNIFORM COMMERCIAL CODE (§§ 4-1-101 — 4-13-306) › Article 3 - NEGOTIABLE INSTRUMENTS (§§ 4-3-101 — 4-3-605) › Part 4 - LIABILITY OF PARTIES (§§ 4-3-401 — 4-3-420) › Section 4-3-414 - Obligation of drawer

(a)
This section does not apply to cashier's checks or other drafts drawn on the drawer.
(b)
If an unaccepted draft is dishonored, the drawer is obliged to pay the draft (i) according to its terms at the time it was issued or, if not issued, at the time it first came into possession of a holder, or (ii) if the drawer signed an incomplete instrument, according to its terms when completed, to the extent stated in sections
4-3-115
and
4-3-407
. The obligation is owed to a person entitled to enforce the draft or to an indorser who paid the draft under section
4-3-415
.
(c)
If a draft is accepted by a bank, the drawer is discharged, regardless of when or by whom acceptance was obtained.
(d)
If a draft is accepted and the acceptor is not a bank, the obligation of the drawer to pay the draft if the draft is dishonored by the acceptor is the same as the obligation of an indorser under section
4-3-415 (a) and (c)
.
(e)
If a draft states that it is drawn "without recourse" or otherwise disclaims liability of the drawer to pay the draft, the drawer is not liable under subsection (b) of this section to pay the draft if the draft is not a check. A disclaimer of the liability stated in subsection (b) of this section is not effective if the draft is a check.
(f)
If (i) a check is not presented for payment or given to a depositary bank for collection within thirty days after its date, (ii) the drawee suspends payments after expiration of the thirty-day period without paying the check, and (iii) because of the suspension of payments, the drawer is deprived of funds maintained with the drawee to cover payment of the check, the drawer to the extent deprived of funds may discharge its obligation to pay the check by assigning to the person entitled to enforce the check the rights of the drawer against the drawee with respect to the funds.
L. 94: Entire article R&RE, p. 867, § 1, effective 1/1/1995.
This section is similar to former § 4-3-413 as it existed prior to 1994.
2023 Colorado Revised Statutes › Title 4 - UNIFORM COMMERCIAL CODE (§§ 4-1-101 — 4-13-306) › Article 3 - NEGOTIABLE INSTRUMENTS (§§ 4-3-101 — 4-3-605) › Part 4 - LIABILITY OF PARTIES (§§ 4-3-401 — 4-3-420) › Section 4-3-415 - Obligation of indorser

(a)
Subject to subsections (b), (c), (d) and (e) of this section and to section
4-3-419 (d)
, if an instrument is dishonored, an indorser is obliged to pay the amount due on the instrument (i) according to the terms of the instrument at the time it was indorsed, or (ii) if the indorser indorsed an incomplete instrument, according to its terms when completed, to the extent stated in sections
4-3-115
and
4-3-407
. The obligation of the indorser is owed to a person entitled to enforce the instrument or to a subsequent indorser who paid the instrument under this section.
(b)
If an indorsement states that it is made "without recourse" or otherwise disclaims liability of the indorser, the indorser is not liable under subsection (a) of this section to pay the instrument.
(c)
If notice of dishonor of an instrument is required by section
4-3-503
and notice of dishonor complying with that section is not given to an indorser, the liability of the indorser under subsection (a) of this section is discharged.
(d)
If a draft is accepted by a bank after an indorsement is made, the liability of the indorser under subsection (a) of this section is discharged.
(e)
If an indorser of a check is liable under subsection (a) of this section and the check is not presented for payment, or given to a depositary bank for collection, within thirty days after the day the indorsement was made, the liability of the indorser under subsection (a) of this section is discharged.
L. 94: Entire article R&RE, p. 868, § 1, effective 1/1/1995.
This section is similar to former § 4-3-414 as it existed prior to 1994.
2023 Colorado Revised Statutes › Title 4 - UNIFORM COMMERCIAL CODE (§§ 4-1-101 — 4-13-306) › Article 3 - NEGOTIABLE INSTRUMENTS (§§ 4-3-101 — 4-3-605) › Part 4 - LIABILITY OF PARTIES (§§ 4-3-401 — 4-3-420) › Section 4-3-416 - Transfer warranties

(a)
A person who transfers an instrument for consideration warrants to the transferee and, if the transfer is by indorsement, to any subsequent transferee that:
(1)
The warrantor is a person entitled to enforce the instrument;
(2)
All signatures on the instrument are authentic and authorized;
(3)
The instrument has not been altered;
(4)
The instrument is not subject to a defense or claim in recoupment of any party which can be asserted against the warrantor;
(5)
The warrantor has no knowledge of any insolvency proceeding commenced with respect to the maker or acceptor or, in the case of an unaccepted draft, the drawer; and
(6)
If the instrument is a demand draft, creation of the instrument according to the terms on its face was authorized by the person identified as drawer. Nothing in this section shall be construed to impair the rights of the drawer against the drawee.
(b)
A person to whom the warranties under subsection (a) of this section are made and who took the instrument in good faith may recover from the warrantor as damages for breach of warranty an amount equal to the loss suffered as a result of the breach, but not more than the amount of the instrument plus expenses and loss of interest incurred as a result of the breach.
(c)
The warranties stated in subsection (a) of this section cannot be disclaimed with respect to checks. Unless notice of a claim for breach of warranty is given to the warrantor within thirty days after the claimant has reason to know of the breach and the identity of the warrantor, the liability of the warrantor under subsection (b) of this section is discharged to the extent of any loss caused by the delay in giving notice of the claim.
(d)
A cause of action for breach of warranty under this section accrues when the claimant has reason to know of the breach.
(e)
If the warranty in paragraph (6) of subsection (a) of this section is not given by a transferor under applicable conflict of law rules, then the warranty is not given to that transferor when that transferor is a transferee.
L. 94: Entire article R&RE, p. 869, § 1, effective 1/1/1995. L. 2001: (a) amended and (e) added, p. 867, § 4, effective August 8.
This section is similar to former § 4-3-417 as it existed prior to 1994.
For the legislative declaration contained in the 2001 act amending subsection (a) and enacting subsection (e), see section 1 of chapter 244, Session Laws of Colorado 2001.
2023 Colorado Revised Statutes › Title 4 - UNIFORM COMMERCIAL CODE (§§ 4-1-101 — 4-13-306) › Article 3 - NEGOTIABLE INSTRUMENTS (§§ 4-3-101 — 4-3-605) › Part 4 - LIABILITY OF PARTIES (§§ 4-3-401 — 4-3-420) › Section 4-3-418 - Payment or acceptance by mistake

(a)
Except as provided in subsection (c) of this section, if the drawee of a draft pays or accepts the draft and the drawee acted on the mistaken belief that (i) payment of the draft had not been stopped pursuant to section
4-4-403
or (ii) the signature of the drawer of the draft was authorized, the drawee may recover the amount of the draft from the person to whom or for whose benefit payment was made or, in the case of acceptance, may revoke the acceptance. Rights of the drawee under this subsection are not affected by failure of the drawee to exercise ordinary care in paying or accepting the draft.
(b)
Except as provided in subsection (c) of this section, if an instrument has been paid or accepted by mistake and the case is not covered by subsection (a) of this section, the person paying or accepting may, to the extent permitted by the law governing mistake and restitution, (i) recover the payment from the person to whom or for whose benefit payment was made or (ii) in the case of acceptance, may revoke the acceptance.
(c)
The remedies provided by subsection (a) or (b) of this section may not be asserted against a person who took the instrument in good faith and for value or who in good faith changed position in reliance on the payment or acceptance. This subsection does not limit remedies provided by section
4-3-417
or
4-4-407
.
(d)
Notwithstanding section
4-4-215
, if an instrument is paid or accepted by mistake and the payor or acceptor recovers payment or revokes acceptance under subsection (a) or (b) of this section, the instrument is deemed not to have been paid or accepted and is treated as dishonored, and the person from whom payment is recovered has rights as a person entitled to enforce the dishonored instrument.
L. 94: Entire article R&RE, p. 871, § 1, effective 1/1/1995.
This section is similar to former § 4-3-418 as it existed prior to 1994.
2023 Colorado Revised Statutes › Title 4 - UNIFORM COMMERCIAL CODE (§§ 4-1-101 — 4-13-306) › Article 3 - NEGOTIABLE INSTRUMENTS (§§ 4-3-101 — 4-3-605) › Part 4 - LIABILITY OF PARTIES (§§ 4-3-401 — 4-3-420) › Section 4-3-419 - Instruments signed for accommodation

(a)
If an instrument is issued for value given for the benefit of a party to the instrument ("accommodated party") and another party to the instrument ("accommodation party") signs the instrument for the purpose of incurring liability on the instrument without being a direct beneficiary of the value given for the instrument, the instrument is signed by the accommodation party "for accommodation."
(b)
An accommodation party may sign the instrument as maker, drawer, acceptor, or indorser and, subject to subsection (d) of this section, is obliged to pay the instrument in the capacity in which the accommodation party signs. The obligation of an accommodation party may be enforced notwithstanding any statute of frauds and whether or not the accommodation party receives consideration for the accommodation.
(c)
A person signing an instrument is presumed to be an accommodation party and there is notice that the instrument is signed for accommodation if the signature is an anomalous indorsement or is accompanied by words indicating that the signer is acting as surety or guarantor with respect to the obligation of another party to the instrument. Except as provided in section
4-3-605
, the obligation of an accommodation party to pay the instrument is not affected by the fact that the person enforcing the obligation had notice when the instrument was taken by that person that the accommodation party signed the instrument for accommodation.
(d)
If the signature of a party to an instrument is accompanied by words indicating unambiguously that the party is guaranteeing collection rather than payment of the obligation of another party to the instrument, the signer is obliged to pay the amount due on the instrument to a person entitled to enforce the instrument only if (i) execution of judgment against the other party has been returned unsatisfied, (ii) the other party is insolvent or in an insolvency proceeding, (iii) the other party cannot be served with process, or (iv) it is otherwise apparent that payment cannot be obtained from the other party.
(e)
An accommodation party who pays the instrument is entitled to reimbursement from the accommodated party and is entitled to enforce the instrument against the accommodated party. An accommodated party who pays the instrument has no right of recourse against, and is not entitled to contribution from, an accommodation party.
L. 94: Entire article R&RE, p. 871, § 1, effective 1/1/1995.
This section is similar to former § 4-3-415 as it existed prior to 1994.
2023 Colorado Revised Statutes › Title 4 - UNIFORM COMMERCIAL CODE (§§ 4-1-101 — 4-13-306) › Article 3 - NEGOTIABLE INSTRUMENTS (§§ 4-3-101 — 4-3-605) › Part 4 - LIABILITY OF PARTIES (§§ 4-3-401 — 4-3-420) › Section 4-3-420 - Conversion of instrument

(a)
The law applicable to conversion of personal property applies to instruments. An instrument is also converted if it is taken by transfer, other than a negotiation, from a person not entitled to enforce the instrument or a bank makes or obtains payment with respect to the instrument for a person not entitled to enforce the instrument or receive payment. An action for conversion of an instrument may not be brought by (i) the issuer or acceptor of the instrument or (ii) a payee or indorsee who did not receive delivery of the instrument either directly or through delivery to an agent or a co-payee.
(b)
In an action under subsection (a) of this section, the measure of liability is presumed to be the amount payable on the instrument, but recovery may not exceed the amount of the plaintiff's interest in the instrument.
(c)
A representative, other than a depositary bank, who has in good faith dealt with an instrument or its proceeds on behalf of one who was not the person entitled to enforce the instrument is not liable in conversion to that person beyond the amount of any proceeds that it has not paid out.
L. 94: Entire article R&RE, p. 872, § 1, effective 1/1/1995.
This section is similar to former § 4-3-419 as it existed prior to 1994.
2023 Colorado Revised Statutes › Title 4 - UNIFORM COMMERCIAL CODE (§§ 4-1-101 — 4-13-306) › Article 3 - NEGOTIABLE INSTRUMENTS (§§ 4-3-101 — 4-3-605) › Part 5 - DISHONOR (§§ 4-3-501 — 4-3-506) › Section 4-3-501 - Presentment

(a)
"Presentment" means a demand made by or on behalf of a person entitled to enforce an instrument (i) to pay the instrument made to the drawee or a party obliged to pay the instrument or, in the case of a note or accepted draft payable at a bank, to the bank, or (ii) to accept a draft made to the drawee.
(b)
The following rules are subject to article
4
of this title, agreement of the parties, and clearing-house rules and the like:
(1)
Presentment may be made at the place of payment of the instrument and must be made at the place of payment if the instrument is payable at a bank in the United States; may be made by any commercially reasonable means, including an oral, written, or electronic communication; is effective when the demand for payment or acceptance is received by the person to whom presentment is made; and is effective if made to any one of two or more makers, acceptors, drawees, or other payors.
(2)
Upon demand of the person to whom presentment is made, the person making presentment must (i) exhibit the instrument, (ii) give reasonable identification and, if presentment is made on behalf of another person, reasonable evidence of authority to do so, and (iii) sign a receipt on the instrument for any payment made or surrender the instrument if full payment is made.
(3)
Without dishonoring the instrument, the party to whom presentment is made may (i) return the instrument for lack of a necessary indorsement, or (ii) refuse payment or acceptance for failure of the presentment to comply with the terms of the instrument, an agreement of the parties, or other applicable law or rule.
(4)
The party to whom presentment is made may treat presentment as occurring on the next business day after the day of presentment if the party to whom presentment is made has established a cut-off hour not earlier than 2 p.m. for the receipt and processing of instruments presented for payment or acceptance and presentment is made after the cut-off hour.
L. 94: Entire article R&RE, p. 873, § 1, effective 1/1/1995.
This section is similar to former §§ 4-3-501, 4-3-503, and 4-3-504 as they existed prior to 1994.
2023 Colorado Revised Statutes › Title 4 - UNIFORM COMMERCIAL CODE (§§ 4-1-101 — 4-13-306) › Article 3 - NEGOTIABLE INSTRUMENTS (§§ 4-3-101 — 4-3-605) › Part 5 - DISHONOR (§§ 4-3-501 — 4-3-506) › Section 4-3-503 - Notice of dishonor

(a)
The obligation of an indorser stated in section
4-3-415 (a)
and the obligation of a drawer stated in section
4-3-414 (d)
may not be enforced unless (i) the indorser or drawer is given notice of dishonor of the instrument complying with this section or (ii) notice of dishonor is excused under section
4-3-504 (b)
.
(b)
Notice of dishonor may be given by any person; may be given by any commercially reasonable means, including an oral, written, or electronic communication; and is sufficient if it reasonably identifies the instrument and indicates that the instrument has been dishonored or has not been paid or accepted. Return of an instrument given to a bank for collection is sufficient notice of dishonor.
(c)
Subject to section
4-3-504 (c)
, with respect to an instrument taken for collection by a collecting bank, notice of dishonor must be given (i) by the bank before midnight of the next banking day following the banking day on which the bank receives notice of dishonor of the instrument, or (ii) by any other person within thirty days following the day on which the person receives notice of dishonor. With respect to any other instrument, notice of dishonor must be given within thirty days following the day on which dishonor occurs.
L. 94: Entire article R&RE, p. 875, § 1, effective 1/1/1995.
This section is similar to former §§ 4-3-501, 4-3-508, and 4-3-510 as they existed prior to 1994.
2023 Colorado Revised Statutes › Title 4 - UNIFORM COMMERCIAL CODE (§§ 4-1-101 — 4-13-306) › Article 3 - NEGOTIABLE INSTRUMENTS (§§ 4-3-101 — 4-3-605) › Part 5 - DISHONOR (§§ 4-3-501 — 4-3-506) › Section 4-3-504 - Excused presentment and notice of dishonor

(a)
Presentment for payment or acceptance of an instrument is excused if (i) the person entitled to present the instrument cannot with reasonable diligence make presentment, (ii) the maker or acceptor has obligation to pay the instrument or is dead or in insolvency proceedings, (iii) by the terms of the instrument presentment is not necessary to enforce the obligation of indorsers or the drawer, (iv) the drawer or indorser whose obligation is being enforced has waived presentment or otherwise has no reason to expect or right to require that the instrument be paid or accepted, or (v) the drawer instructed the drawee not to pay or accept the draft or the drawee was not obligated to the drawer to pay the draft.
(b)
Notice of dishonor is excused if (i) by the terms of the instrument notice of dishonor is not necessary to enforce the obligation of a party to pay the instrument, or (ii) the party whose obligation is being enforced waived notice of dishonor. A waiver of presentment is also a waiver of notice of dishonor.
(c)
Delay in giving notice of dishonor is excused if the delay was caused by circumstances beyond the control of the person giving the notice and the person giving the notice exercised reasonable diligence after the cause of the delay ceased to operate.
L. 94: Entire article R&RE, p. 875, § 1, effective 1/1/1995.
This section is similar to former § 4-3-511 as it existed prior to 1994.
2023 Colorado Revised Statutes › Title 4 - UNIFORM COMMERCIAL CODE (§§ 4-1-101 — 4-13-306) › Article 3 - NEGOTIABLE INSTRUMENTS (§§ 4-3-101 — 4-3-605) › Part 5 - DISHONOR (§§ 4-3-501 — 4-3-506) › Section 4-3-505 - Evidence of dishonor

(a)
The following are admissible as evidence and create a presumption of dishonor and of any notice of dishonor stated:
(1)
A document regular in form as provided in subsection (b) of this section which purports to be a protest;
(2)
A purported stamp or writing of the drawee, payor bank, or presenting bank on or accompanying the instrument stating that acceptance or payment has been refused unless reasons for the refusal are stated and the reasons are not consistent with dishonor;
(3)
A book or record of the drawee, payor bank, or collecting bank, kept in the usual course of business which shows dishonor, even if there is no evidence of who made the entry.
(b)
A protest is a certificate of dishonor made by a United States consul or vice consul, or a notary public or other person authorized to administer oaths by the law of the place where dishonor occurs. It may be made upon information satisfactory to that person. The protest must identify the instrument and certify either that presentment has been made or, if not made, the reason why it was not made, and that the instrument has been dishonored by nonacceptance or nonpayment. The protest may also certify that notice of dishonor has been given to some or all parties.
L. 94: Entire article R&RE, p. 876, § 1, effective 1/1/1995.
This section is similar to former § 4-3-510 as it existed prior to 1994.
2023 Colorado Revised Statutes › Title 4 - UNIFORM COMMERCIAL CODE (§§ 4-1-101 — 4-13-306) › Article 3 - NEGOTIABLE INSTRUMENTS (§§ 4-3-101 — 4-3-605) › Part 5 - DISHONOR (§§ 4-3-501 — 4-3-506) › Section 4-3-506 - Recording credit card or social security numbers prohibited

(a)
When payment is made by check or other negotiable instrument, a person shall not record or require the maker of the check to record a credit card or social security number given as identification or proof of creditworthiness.
(b)
Subsection (a) of this section shall not prohibit:
(1)
The recording of a credit card number when a check or other negotiable instrument is issued to pay the credit card designated by the credit card number.
(2)
(i)
The recording of a person's social security number on a check or other negotiable instrument issued to pay a student loan.
(ii)
For the purposes of this paragraph (2), "student loan" means a loan to finance higher education opportunities that is made, originated, disbursed, guaranteed, or serviced by the department of higher education, collegeinvest, an agency of another state, the federal government, or an institution of higher education, including, but not limited to, a loan that is secured pursuant to part 2 of article
3.1
of title
23
, C.R.S., and a loan authorized by title IV, part B of the federal "Higher Education Act of 1965", as amended.
(3)
The recording of a person's social security number on a bonafide loan application.
(c)
Subsection (a) of this section shall not prohibit a person from requesting a purchaser of goods or services to display a credit card as indication of creditworthiness or identification if the only information about the credit card that is recorded is the type of credit card and the issuer of the credit card.
L. 2003: Entire section added, p. 1337, § 1, effective August 6. L. 2004: (b)(2)(ii) amended, p. 574, § 29, effective July 1.
2023 Colorado Revised Statutes › Title 4 - UNIFORM COMMERCIAL CODE (§§ 4-1-101 — 4-13-306) › Article 3 - NEGOTIABLE INSTRUMENTS (§§ 4-3-101 — 4-3-605) › Part 6 - DISCHARGE AND PAYMENT (§§ 4-3-601 — 4-3-605) › Section 4-3-601 - Discharge and effect of discharge

(a)
The obligation of a party to pay the instrument is discharged as stated in this article or by an act or agreement with the party which would discharge an obligation to pay money under a simple contract.
(b)
Discharge of the obligation of a party is not effective against a person acquiring rights of a holder in due course of the instrument without notice of the discharge.
L. 94: Entire article R&RE, p. 876, § 1, effective 1/1/1995.
This section is similar to former §§ 4-3-601 and 4-3-602 as they existed prior to 1994.
2023 Colorado Revised Statutes › Title 4 - UNIFORM COMMERCIAL CODE (§§ 4-1-101 — 4-13-306) › Article 3 - NEGOTIABLE INSTRUMENTS (§§ 4-3-101 — 4-3-605) › Part 6 - DISCHARGE AND PAYMENT (§§ 4-3-601 — 4-3-605) › Section 4-3-602 - Payment

(a)
Subject to subsection (b) of this section, an instrument is paid to the extent payment is made (i) by or on behalf of a party obliged to pay the instrument, and (ii) to a person entitled to enforce the instrument. To the extent of the payment, the obligation of the party obliged to pay the instrument is discharged even though payment is made with knowledge of a claim to the instrument under section
4-3-306
by another person.
(b)
The obligation of a party to pay the instrument is not discharged under subsection (a) of this section if:
(1)
A claim to the instrument under section
4-3-306
is enforceable against the party receiving payment and (i) payment is made with knowledge by the payor that payment is prohibited by injunction or similar process of a court of competent jurisdiction, or (ii) in the case of an instrument other than a cashier's check, teller's check, or certified check, the party making payment accepted, from the person having a claim to the instrument, indemnity against loss resulting from refusal to pay the person entitled to enforce the instrument; or
(2)
The person making payment knows that the instrument is a stolen instrument and pays a person it knows is in wrongful possession of the instrument.
L. 94: Entire article R&RE, p. 876, § 1, effective 1/1/1995.
This section is similar to former § 4-3-603 as it existed prior to 1994.
2023 Colorado Revised Statutes › Title 4 - UNIFORM COMMERCIAL CODE (§§ 4-1-101 — 4-13-306) › Article 3 - NEGOTIABLE INSTRUMENTS (§§ 4-3-101 — 4-3-605) › Part 6 - DISCHARGE AND PAYMENT (§§ 4-3-601 — 4-3-605) › Section 4-3-603 - Tender of payment

(a)
If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument, the effect of tender is governed by principles of law applicable to tender of payment under a simple contract.
(b)
If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument and the tender is refused, there is discharge, to the extent of the amount of the tender, of the obligation of an indorser or accommodation party having a right of recourse with respect to the obligation to which the tender relates.
(c)
If tender of payment of an amount due on an instrument is made to a person entitled to enforce the instrument, the obligation of the obligor to pay interest after the due date on the amount tendered is discharged. If presentment is required with respect to an instrument and the obligor is able and ready to pay on the due date at every place of payment stated in the instrument, the obligor is deemed to have made tender of payment on the due date to the person entitled to enforce the instrument.
L. 94: Entire article R&RE, p. 877, § 1, effective 1/1/1995.
This section is similar to former § 4-3-604 as it existed prior to 1994.
2023 Colorado Revised Statutes › Title 4 - UNIFORM COMMERCIAL CODE (§§ 4-1-101 — 4-13-306) › Article 3 - NEGOTIABLE INSTRUMENTS (§§ 4-3-101 — 4-3-605) › Part 6 - DISCHARGE AND PAYMENT (§§ 4-3-601 — 4-3-605) › Section 4-3-604 - Discharge by cancellation or renunciation

(a)
A person entitled to enforce an instrument, with or without consideration, may discharge the obligation of a party to pay the instrument (i) by an intentional voluntary act, such as surrender of the instrument to the party, destruction, mutilation, or cancellation of the instrument, cancellation or striking out of the party's signature, or the addition of words to the instrument indicating discharge or (ii) by agreeing not to sue or otherwise renouncing rights against the party by a signed record. The obligation of a party to pay a check is not discharged solely by destruction of the check in connection with a process in which information is extracted from the check and an image of the check is made and, subsequently, the information and image are transmitted for payment.
(b)
Cancellation or striking out of an indorsement pursuant to subsection (a) of this section does not affect the status and rights of a party derived from the indorsement.
Amended by 2023 Ch. 136,§ 23, eff. 8/7/2023.
L. 94: Entire article R&RE, p. 877, § 1, effective 1/1/1995.
This section is similar to former § 4-3-605 as it existed prior to 1994.
2023 Ch. 136, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 4 - UNIFORM COMMERCIAL CODE (§§ 4-1-101 — 4-13-306) › Article 4 - BANK DEPOSITS AND COLLECTIONS (§§ 4-4-101 — 4-4-504) › Part 1 - GENERAL PROVISIONS AND DEFINITIONS (§§ 4-4-101 — 4-4-111) › Section 4-4-101 - Short title

This article may be cited as the "Uniform Commercial Code - Bank Deposits and Collections".
L. 94: Entire article amended with relocations, p. 879, § 2, effective 1/1/1995.
2023 Colorado Revised Statutes › Title 4 - UNIFORM COMMERCIAL CODE (§§ 4-1-101 — 4-13-306) › Article 4 - BANK DEPOSITS AND COLLECTIONS (§§ 4-4-101 — 4-4-504) › Part 1 - GENERAL PROVISIONS AND DEFINITIONS (§§ 4-4-101 — 4-4-111) › Section 4-4-102 - Applicability

(a)
To the extent that items within this article are also within articles
3
and
8
of this title, they are subject to those articles. If there is conflict, this article governs said article 3, but article 8 governs this article.
(b)
The liability of a bank for action or nonaction with respect to any item handled by it for purposes of presentment, payment, or collection is governed by the law of the place where the bank is located. In the case of action or nonaction by or at a branch or separate office of a bank, its liability is governed by the law of the place where the branch or separate office is located.
L. 94: Entire article amended with relocations, p. 879, § 2, effective 1/1/1995.
2023 Colorado Revised Statutes › Title 4 - UNIFORM COMMERCIAL CODE (§§ 4-1-101 — 4-13-306) › Article 4 - BANK DEPOSITS AND COLLECTIONS (§§ 4-4-101 — 4-4-504) › Part 1 - GENERAL PROVISIONS AND DEFINITIONS (§§ 4-4-101 — 4-4-111) › Section 4-4-103 - Variation by agreement - measure of damages - action constituting ordinary care

(a)
The effect of the provisions of this article may be varied by agreement, but the parties to the agreement cannot disclaim a bank's responsibility for its lack of good faith or failure to exercise ordinary care or limit the measure of damages for the lack or failure. However, the parties may determine by agreement the standards by which the bank's responsibility is to be measured if those standards are not manifestly unreasonable.
(b)
Federal reserve regulations and operating circulars, clearing-house rules, and the like have the effect of agreements under subsection (a) of this section, whether or not specifically assented to by all parties interested in items handled.
(c)
Action or nonaction approved by this article or pursuant to federal reserve regulations or operating circulars is the exercise of ordinary care and, in the absence of special instructions, action or nonaction consistent with clearing-house rules and the like or with a general banking usage not disapproved by this article, is prima facie the exercise of ordinary care.
(d)
The specification or approval of certain procedures by this article is not disapproval of other procedures that may be reasonable under the circumstances.
(e)
The measure of damages for failure to exercise ordinary care in handling an item is the amount of the item reduced by an amount that could not have been realized by the exercise of ordinary care. If there is also bad faith it includes any other damages the party suffered as a proximate consequence.
L. 94: Entire article amended with relocations, p. 880, § 2, effective 1/1/1995.
2023 Colorado Revised Statutes › Title 4 - UNIFORM COMMERCIAL CODE (§§ 4-1-101 — 4-13-306) › Article 4 - BANK DEPOSITS AND COLLECTIONS (§§ 4-4-101 — 4-4-504) › Part 1 - GENERAL PROVISIONS AND DEFINITIONS (§§ 4-4-101 — 4-4-111) › Section 4-4-105 - "Bank" - "depositary bank" - "intermediary bank" - "collecting bank" - "payor bank" - "presenting bank"

In this article:
(1)
"Bank" means a person engaged in the business of banking, including a savings bank, savings and loan association, credit union, or trust company.
(2)
"Depositary bank" means the first bank to take an item even though it is also the payor bank, unless the item is presented for immediate payment over the counter;
(3)
"Payor bank" means a bank that is the drawee of a draft;
(4)
"Intermediary bank" means a bank to which an item is transferred in course of collection except the depositary or payor bank;
(5)
"Collecting bank" means a bank handling an item for collection except the payor bank;
(6)
"Presenting bank" means a bank presenting an item except a payor bank.
L. 94: Entire article amended with relocations, p. 883, § 2, effective 1/1/1995.
2023 Colorado Revised Statutes › Title 4 - UNIFORM COMMERCIAL CODE (§§ 4-1-101 — 4-13-306) › Article 4 - BANK DEPOSITS AND COLLECTIONS (§§ 4-4-101 — 4-4-504) › Part 1 - GENERAL PROVISIONS AND DEFINITIONS (§§ 4-4-101 — 4-4-111) › Section 4-4-106 - Payable through or payable at bank - collecting bank

(a)
If an item states that it is "payable through" a bank identified in the item, (i) the item designates the bank as a collecting bank and does not by itself authorize the bank to pay the item, and (ii) the item may be presented for payment only by or through the bank.
(b)
If an item states that it is "payable at" a bank identified in the item, (i) the item designates the bank as a collecting bank and does not by itself authorize the bank to pay the item, and (ii) the item may be presented for payment only by or through the bank.
(c)
If a draft names a nonbank drawee and it is unclear whether a bank named in the draft is a co-drawee or a collecting bank, the bank is a collecting bank.
L. 94: Entire article amended with relocations, p. 883, § 2, effective 1/1/1995.
2023 Colorado Revised Statutes › Title 4 - UNIFORM COMMERCIAL CODE (§§ 4-1-101 — 4-13-306) › Article 4 - BANK DEPOSITS AND COLLECTIONS (§§ 4-4-101 — 4-4-504) › Part 1 - GENERAL PROVISIONS AND DEFINITIONS (§§ 4-4-101 — 4-4-111) › Section 4-4-107 - Separate office of bank

A branch or separate office of a bank is a separate bank for the purpose of computing the time within which and determining the place at or to which action may be taken or notices or orders must be given under this article and under article
3
of this title.
L. 94: Entire article amended with relocations, p. 884, § 2, effective 1/1/1995.
Colorado legislative change:
(1) This section is similar to former § 4-4-106 as it existed prior to 1994, and the former § 4-4-107 was relocated to §
4-4-108
.
(2) After the first word "bank", Colorado did not adopt the following: "maintaining its own deposit ledgers".
2023 Colorado Revised Statutes › Title 4 - UNIFORM COMMERCIAL CODE (§§ 4-1-101 — 4-13-306) › Article 4 - BANK DEPOSITS AND COLLECTIONS (§§ 4-4-101 — 4-4-504) › Part 1 - GENERAL PROVISIONS AND DEFINITIONS (§§ 4-4-101 — 4-4-111) › Section 4-4-108 - Time of receipt of items

(a)
For the purpose of allowing time to process items, prove balances, and make the necessary entries on its books to determine its position for the day, a bank may fix an afternoon hour of 2 p.m. or later as a cutoff hour for the handling of money and items and the making of entries on its books.
(b)
An item or deposit of money received on any day after a cutoff hour so fixed or after the close of the banking day may be treated as being received at the opening of the next banking day.
L. 94: Entire article amended with relocations, p. 884, § 2, effective 1/1/1995.
This section is similar to former § 4-4-107 as it existed prior to 1994, and the former § 4-4-108 was relocated to §
4-4-109
.
2023 Colorado Revised Statutes › Title 4 - UNIFORM COMMERCIAL CODE (§§ 4-1-101 — 4-13-306) › Article 4 - BANK DEPOSITS AND COLLECTIONS (§§ 4-4-101 — 4-4-504) › Part 1 - GENERAL PROVISIONS AND DEFINITIONS (§§ 4-4-101 — 4-4-111) › Section 4-4-109 - Delays

(a)
Unless otherwise instructed, a collecting bank in a good faith effort to secure payment of a specific item drawn on a payor other than a bank, and with or without the approval of any person involved, may waive, modify, or extend time limits imposed or permitted by this title for a period not exceeding two additional banking days without discharge of drawers or indorsers or liability to its transferor or a prior party.
(b)
Delay by a collecting bank or payor bank beyond time limits prescribed or permitted by this title or by instructions is excused if (i) the delay is caused by interruption of communication or computer facilities, suspension of payments by another bank, war, emergency conditions, failure of equipment, or other circumstances beyond the control of the bank, and (ii) the bank exercises such diligence as the circumstances require.
L. 94: Entire article amended with relocations, p. 884, § 2, effective 1/1/1995.
This section is similar to former § 4-4-108 as it existed prior to 1994, and the former § 4-4-109 was relocated to §
4-4-110
.
2023 Colorado Revised Statutes › Title 4 - UNIFORM COMMERCIAL CODE (§§ 4-1-101 — 4-13-306) › Article 4 - BANK DEPOSITS AND COLLECTIONS (§§ 4-4-101 — 4-4-504) › Part 1 - GENERAL PROVISIONS AND DEFINITIONS (§§ 4-4-101 — 4-4-111) › Section 4-4-110 - Electronic presentment

(a)
"Agreement for electronic presentment" means an agreement, clearing-house rule, or federal reserve regulation or operating circular, providing that presentment of an item may be made by transmission of an image of an item or information describing the item ("presentment notice") rather than delivery of the item itself. The agreement may provide for procedures governing retention, presentment, payment, dishonor, and other matters concerning items subject to the agreement.
(b)
Presentment of an item pursuant to an agreement for presentment is made when the presentment notice is received.
(c)
If presentment is made by presentment notice, a reference to "item" or "check" in this article means the presentment notice unless the context otherwise indicates.
L. 94: Entire article amended with relocations, p. 884, § 2, effective 1/1/1995.
This section is similar to former § 4-4-109 as it existed prior to 1994.
2023 Colorado Revised Statutes › Title 4 - UNIFORM COMMERCIAL CODE (§§ 4-1-101 — 4-13-306) › Article 4 - BANK DEPOSITS AND COLLECTIONS (§§ 4-4-101 — 4-4-504) › Part 1 - GENERAL PROVISIONS AND DEFINITIONS (§§ 4-4-101 — 4-4-111) › Section 4-4-111 - Statute of limitations

An action to enforce an obligation, duty, or right arising under this article must be commenced within three years after the cause of action accrues.
L. 94: Entire article amended with relocations, p. 885, § 2, effective 1/1/1995.
2023 Colorado Revised Statutes › Title 4 - UNIFORM COMMERCIAL CODE (§§ 4-1-101 — 4-13-306) › Article 4 - BANK DEPOSITS AND COLLECTIONS (§§ 4-4-101 — 4-4-504) › Part 2 - COLLECTION OF ITEMS - DEPOSITARY AND COLLECTING BANKS (§§ 4-4-201 — 4-4-216) › Section 4-4-201 - Status of collecting banks as agent and provisional status of credits - applicability of article - item indorsed "pay any bank"

(a)
Unless a contrary intent clearly appears and before the time that a settlement given by a collecting bank for an item is or becomes final, the bank, with respect to the item, is an agent or subagent of the owner of the item and any settlement given for the item is provisional. This provision applies regardless of the form of indorsement or lack of indorsement and even though credit given for the item is subject to immediate withdrawal as of right or is in fact withdrawn; but the continuance of ownership of an item by its owner and any rights of the owner to proceeds of the item are subject to rights of a collecting bank such as those resulting from outstanding advances on the item and rights of recoupment or setoff. If an item is handled by banks for purposes of presentment, payment, collection, or return, the relevant provisions of this article apply even though action of the parties clearly establishes that a particular bank has purchased the item and is the owner of it.
(b)
After an item has been indorsed with the words "pay any bank" or the like, only a bank may acquire the rights of a holder until the item has been:
(1)
Returned to the customer initiating collection; or
(2)
Specially indorsed by a bank to a person who is not a bank.
L. 94: Entire article amended with relocations, p. 885, § 2, effective 1/1/1995.
2023 Colorado Revised Statutes › Title 4 - UNIFORM COMMERCIAL CODE (§§ 4-1-101 — 4-13-306) › Article 4 - BANK DEPOSITS AND COLLECTIONS (§§ 4-4-101 — 4-4-504) › Part 2 - COLLECTION OF ITEMS - DEPOSITARY AND COLLECTING BANKS (§§ 4-4-201 — 4-4-216) › Section 4-4-202 - Responsibility for collection or return - when action timely

(a)
A collecting bank must exercise ordinary care in:
(1)
Presenting an item or sending it for presentment;
(2)
Sending notice of dishonor or nonpayment or returning an item other than a documentary draft to the bank's transferor after learning that the item has not been paid or accepted, as the case may be;
(3)
Settling for an item when the bank receives final settlement; and
(4)
Notifying its transferor of any loss or delay in transit within a reasonable time after discovery thereof.
(b)
A collecting bank exercises ordinary care under subsection (a) of this section by taking proper action before its midnight deadline following receipt of an item, notice, or settlement. Taking proper action within a reasonably longer time may constitute the exercise of ordinary care, but the bank has the burden of establishing timeliness.
(c)
Subject to subsection (a)(1) of this section, a bank is not liable for the insolvency, neglect, misconduct, mistake, or default of another bank or person or for loss or destruction of an item in the possession of others or in transit.
L. 94: Entire article amended with relocations, p. 886, § 2, effective 1/1/1995.
2023 Colorado Revised Statutes › Title 4 - UNIFORM COMMERCIAL CODE (§§ 4-1-101 — 4-13-306) › Article 4 - BANK DEPOSITS AND COLLECTIONS (§§ 4-4-101 — 4-4-504) › Part 2 - COLLECTION OF ITEMS - DEPOSITARY AND COLLECTING BANKS (§§ 4-4-201 — 4-4-216) › Section 4-4-203 - Effect of instructions

Subject to article
3
of this title concerning conversion of instruments (section
4-3-420
) and restrictive indorsements (section
4-3-206
), only a collecting bank's transferor can give instructions that affect the bank or constitute notice to it, and a collecting bank is not liable to prior parties for any action taken pursuant to the instructions or in accordance with any agreement with its transferor.
L. 94: Entire article amended with relocations, p. 886, § 2, effective 1/1/1995.
2023 Colorado Revised Statutes › Title 4 - UNIFORM COMMERCIAL CODE (§§ 4-1-101 — 4-13-306) › Article 4 - BANK DEPOSITS AND COLLECTIONS (§§ 4-4-101 — 4-4-504) › Part 2 - COLLECTION OF ITEMS - DEPOSITARY AND COLLECTING BANKS (§§ 4-4-201 — 4-4-216) › Section 4-4-204 - Methods of sending and presenting - sending directly to payor bank

(a)
A collecting bank shall send items by a reasonably prompt method, taking into consideration relevant instructions, the nature of the item, the number of those items on hand, the cost of collection involved, and the method generally used by it or others to present those items.
(b)
A collecting bank may send:
(1)
An item directly to the payor bank;
(2)
An item to a nonbank payor if authorized by its transferor; and
(3)
An item other than documentary drafts to a nonbank payor, if authorized by federal reserve regulation or operating circular, clearing-house rule, or the like.
(c)
Presentment may be made by a presenting bank at a place where the payor bank or other payor has requested that presentment be made.
L. 94: Entire article amended with relocations, p. 886, § 2, effective 1/1/1995.
2023 Colorado Revised Statutes › Title 4 - UNIFORM COMMERCIAL CODE (§§ 4-1-101 — 4-13-306) › Article 4 - BANK DEPOSITS AND COLLECTIONS (§§ 4-4-101 — 4-4-504) › Part 2 - COLLECTION OF ITEMS - DEPOSITARY AND COLLECTING BANKS (§§ 4-4-201 — 4-4-216) › Section 4-4-205 - Depositary bank holder of unindorsed item

If a customer delivers an item to a depositary bank for collection:
(1)
The depositary bank becomes a holder of the item at the time it receives the item for collection if the customer at the time of delivery was a holder of the item, whether or not the customer indorses the item, and, if the bank satisfies the other requirements of section
4-3-302
, it is a holder in due course; and
(2)
The depositary bank warrants to collecting banks, the payor bank or other payor, and the drawer that the amount of the item was paid to the customer or deposited to the customer's account.
L. 94: Entire article amended with relocations, p. 887, § 2, effective 1/1/1995.
2023 Colorado Revised Statutes › Title 4 - UNIFORM COMMERCIAL CODE (§§ 4-1-101 — 4-13-306) › Article 4 - BANK DEPOSITS AND COLLECTIONS (§§ 4-4-101 — 4-4-504) › Part 2 - COLLECTION OF ITEMS - DEPOSITARY AND COLLECTING BANKS (§§ 4-4-201 — 4-4-216) › Section 4-4-206 - Transfer between banks

Any agreed method that identifies the transferor bank is sufficient for the item's further transfer to another bank.
L. 94: Entire article amended with relocations, p. 887, § 2, effective 1/1/1995.