reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 3. Uniform Commercial Code Negotiable Instruments › Part 5. Presentment, Notice of Dishonor, and Protest › 30-3-504. Presentment

30-3-504. Presentment.
(1) "Presentment" means a demand:
(a) to pay an instrument made to the maker, drawee, or acceptor or, in the case of a note of accepted draft payable at a bank, to the bank; or
(b) to accept a draft made to the drawee by a person entitled to enforce the instrument.
(2) Subject to chapter 4, agreement of the parties, clearing house rules and the like:
(a) 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; is effective if made to any one of two or more makers, acceptors, drawees, or other payors; and
(b) without dishonoring the instrument, the party to whom presentment is made may:
(i) 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 cutoff 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 cutoff hour;
(ii) require exhibition of the instrument;
(iii) require reasonable identification of the person making presentment and evidence of authority to make it if made on behalf of another person;
(iv) require a signed receipt on the instrument for any payment made or surrender of the instrument if full payment is made;
(v) return the instrument for lack of a necessary indorsement; or
(vi) refuse payment or acceptance for failure of the presentment to comply with the terms of the instrument, an agreement of the parties, or other law or applicable rule.
History: En. Sec. 3-504, Ch. 264, L. 1963; R.C.M. 1947, 87A-3-504; amd. Sec. 145, Ch. 410, L. 1991.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 3. Uniform Commercial Code Negotiable Instruments › Part 5. Presentment, Notice of Dishonor, and Protest › 30-3-505. Repealed

30-3-505. Repealed.
Sec. 230, Ch. 410, L. 1991.
History: En. Sec. 3-505, Ch. 264, L. 1963; R.C.M. 1947, 87A-3-505.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 3. Uniform Commercial Code Negotiable Instruments › Part 5. Presentment, Notice of Dishonor, and Protest › 30-3-506. Repealed

30-3-506. Repealed.
Sec. 230, Ch. 410, L. 1991.
History: En. Sec. 3-506, Ch. 264, L. 1963; R.C.M. 1947, 87A-3-506.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 3. Uniform Commercial Code Negotiable Instruments › Part 5. Presentment, Notice of Dishonor, and Protest › 30-3-507. Repealed

30-3-507. Repealed.
Sec. 230, Ch. 410, L. 1991.
History: En. Sec. 3-507, Ch. 264, L. 1963; R.C.M. 1947, 87A-3-507.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 3. Uniform Commercial Code Negotiable Instruments › Part 5. Presentment, Notice of Dishonor, and Protest › 30-3-508. Notice of dishonor

30-3-508. Notice of dishonor.
(1) The obligation of an indorser stated in 30-3-414(1) and the obligation of a drawer stated in 30-3-423(3) may not be enforced unless:
(a) the indorser or drawer is given notice of dishonor of the instrument complying with this section; or
(b) notice of dishonor is excused under 30-3-513(3).
(2) Notice of dishonor may be given to 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 a sufficient notice of dishonor.
(3) Subject to 30-3-513(4), with respect to an instrument taken for collection by a collecting bank, notice of dishonor must be given by a bank before midnight of the next banking day following the banking day on which the bank receives notice of dishonor of the instrument and by any other person within 30 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 30 days following the day on which dishonor occurs.
History: En. Sec. 3-508, Ch. 264, L. 1963; R.C.M. 1947, 87A-3-508; amd. Sec. 147, Ch. 410, L. 1991.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 3. Uniform Commercial Code Negotiable Instruments › Part 5. Presentment, Notice of Dishonor, and Protest › 30-3-509. Repealed

30-3-509. Repealed.
Sec. 230, Ch. 410, L. 1991.
History: En. Sec. 3-509, Ch. 264, L. 1963; R.C.M. 1947, 87A-3-509.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 3. Uniform Commercial Code Negotiable Instruments › Part 5. Presentment, Notice of Dishonor, and Protest › 30-3-510. Evidence of dishonor

30-3-510. Evidence of dishonor.
(1) The following are admissible as evidence and create a presumption of dishonor and of any notice of dishonor stated:
(a) a document regular in form as provided in subsection (2) that purports to be a protest;
(b) the 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;
(c) a book or record of the drawee, payor bank, or collecting bank, kept in the usual course of business that shows dishonor, even if there is no evidence of who made the entry.
(2) 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.
History: En. Sec. 3-510, Ch. 264, L. 1963; R.C.M. 1947, 87A-3-510; amd. Sec. 149, Ch. 410, L. 1991.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 3. Uniform Commercial Code Negotiable Instruments › Part 5. Presentment, Notice of Dishonor, and Protest › 30-3-511. Repealed

30-3-511. Repealed.
Sec. 230, Ch. 410, L. 1991.
History: En. Sec. 3-511, Ch. 264, L. 1963; R.C.M. 1947, 87A-3-511.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 3. Uniform Commercial Code Negotiable Instruments › Part 5. Presentment, Notice of Dishonor, and Protest › 30-3-513. Excused presentment and notice of dishonor

30-3-513. Excused presentment and notice of dishonor.
(1) Presentment for payment or acceptance of an instrument is excused if:
(a) the person entitled to present the instrument cannot with reasonable diligence make presentment;
(b) the maker or acceptor has repudiated an obligation to pay the instrument or is dead or in insolvency proceedings;
(c) by the terms of the instrument, presentment is not necessary to enforce the obligation of indorsers or the drawer; or
(d) the drawer or indorser whose obligation is being enforced waived presentment or otherwise has no reason to expect or right to require that the instrument be paid or accepted.
(2) Presentment for payment or acceptance of a draft is also excused if 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.
(3) Notice of dishonor is excused if by the terms of the instrument, notice of dishonor is not necessary to enforce the obligation of a party to pay the instrument or the party whose obligation is being enforced waived notice of dishonor. A waiver of presentment is also a waiver of notice of dishonor.
(4) 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.
History: En. Sec. 148, Ch. 410, L. 1991.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 3. Uniform Commercial Code Negotiable Instruments › Part 6. Discharge › 30-3-601. Discharge and effect of discharge

30-3-601. Discharge and effect of discharge.
(1) The obligation of a party to pay the instrument is discharged as stated in this chapter or by an act or agreement with the party that would discharge an obligation to pay money under a simple contract.
(2) 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.
History: En. Sec. 3-601, Ch. 264, L. 1963; R.C.M. 1947, 87A-3-601; amd. Sec. 150, Ch. 410, L. 1991.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 3. Uniform Commercial Code Negotiable Instruments › Part 6. Discharge › 30-3-602. Repealed

30-3-602. Repealed.
Sec. 230, Ch. 410, L. 1991.
History: En. Sec. 3-602, Ch. 264, L. 1963; R.C.M. 1947, 87A-3-602.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 3. Uniform Commercial Code Negotiable Instruments › Part 6. Discharge › 30-3-603. Payment

30-3-603. Payment.
(1) Subject to subsection (2), an instrument is paid to the extent payment is made by or on behalf of a party obliged to pay the instrument and 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 30-3-306 by another person.
(2) The obligation of a party to pay the instrument is not discharged under subsection (1) if:
(a) a claim to the instrument under 30-3-306 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
(b) the person making payment knows that the instrument is a stolen instrument and pays a person that it knows is in wrongful possession of the instrument.
History: En. Sec. 3-603, Ch. 264, L. 1963; R.C.M. 1947, 87A-3-603; amd. Sec. 151, Ch. 410, L. 1991.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 3. Uniform Commercial Code Negotiable Instruments › Part 6. Discharge › 30-3-604. Tender of payment

30-3-604. Tender of payment.
(1) 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.
(2) 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.
(3) If tender of payment of an amount due on an instrument is made by or on behalf of the obligor to the 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 considered to have made tender of payment on the due date to the person entitled to enforce the instrument.
History: En. Sec. 3-604, Ch. 264, L. 1963; R.C.M. 1947, 87A-3-604; amd. Sec. 152, Ch. 410, L. 1991.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 3. Uniform Commercial Code Negotiable Instruments › Part 6. Discharge › 30-3-605. Discharge by cancellation or renunciation

30-3-605. Discharge by cancellation or renunciation.
(1) A person entitled to enforce an instrument may, with or without consideration, discharge the obligation of a party to pay the instrument:
(a) 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
(b) by agreeing not to sue or otherwise renouncing rights against the party by a signed writing.
(2) Cancellation or striking out of an indorsement pursuant to subsection (1) does not affect the status and rights of a party derived from the indorsement.
History: En. Sec. 3-605, Ch. 264, L. 1963; R.C.M. 1947, 87A-3-605; amd. Sec. 153, Ch. 410, L. 1991.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 3. Uniform Commercial Code Negotiable Instruments › Part 6. Discharge › 30-3-606. Repealed

30-3-606. Repealed.
Sec. 230, Ch. 410, L. 1991.
History: En. Sec. 3-606, Ch. 264, L. 1963; R.C.M. 1947, 87A-3-606.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 3. Uniform Commercial Code Negotiable Instruments › Part 7. Advice of International Sight Draft (Repealed) › 30-3-701. Repealed

30-3-701. Repealed.
Sec. 230, Ch. 410, L. 1991.
History: En. Sec. 3-701, Ch. 264, L. 1963; R.C.M. 1947, 87A-3-701.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 3. Uniform Commercial Code Negotiable Instruments › Part 8. Miscellaneous (Repealed) › 30-3-801. Repealed

30-3-801. Repealed.
Sec. 230, Ch. 410, L. 1991.
History: En. Sec. 3-801, Ch. 264, L. 1963; R.C.M. 1947, 87A-3-801.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 3. Uniform Commercial Code Negotiable Instruments › Part 8. Miscellaneous (Repealed) › 30-3-802. Repealed

30-3-802. Repealed.
Sec. 230, Ch. 410, L. 1991.
History: En. Sec. 3-802, Ch. 264, L. 1963; R.C.M. 1947, 87A-3-802.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 3. Uniform Commercial Code Negotiable Instruments › Part 8. Miscellaneous (Repealed) › 30-3-803. Repealed

30-3-803. Repealed.
Sec. 230, Ch. 410, L. 1991.
History: En. Sec. 3-803, Ch. 264, L. 1963; R.C.M. 1947, 87A-3-803.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 3. Uniform Commercial Code Negotiable Instruments › Part 8. Miscellaneous (Repealed) › 30-3-804. Repealed

30-3-804. Repealed.
Sec. 230, Ch. 410, L. 1991.
History: En. Sec. 3-804, Ch. 264, L. 1963; R.C.M. 1947, 87A-3-804.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 3. Uniform Commercial Code Negotiable Instruments › Part 8. Miscellaneous (Repealed) › 30-3-805. Repealed

30-3-805. Repealed.
Sec. 230, Ch. 410, L. 1991.
History: En. Sec. 3-805, Ch. 264, L. 1963; R.C.M. 1947, 87A-3-805.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 4. Uniform Commercial Code Bank Deposits and Collections › Part 1. General Provisions and Definitions › 30-4-101. Short title

30-4-101. Short title.
This chapter shall be known and may be cited as Uniform Commercial Code--Bank Deposits and Collections.
History: En. Sec. 4-101, Ch. 264, L. 1963; R.C.M. 1947, 87A-4-101.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 4. Uniform Commercial Code Bank Deposits and Collections › Part 1. General Provisions and Definitions › 30-4-102. Applicability

30-4-102. Applicability.
(1) To the extent that items within this chapter are also within the scope of chapters 3, 5, and 8, they are subject to the provisions of those chapters. In the event of conflict the provisions of this chapter govern those of chapter 3 but the provisions of chapters 5 and 8 govern those of this chapter.
(2) 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.
History: En. Sec. 4-102, Ch. 264, L. 1963; R.C.M. 1947, 87A-4-102; amd. Sec. 155, Ch. 410, L. 1991.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 4. Uniform Commercial Code Bank Deposits and Collections › Part 1. General Provisions and Definitions › 30-4-103. Variation by agreement -- measure of damages -- action constituting ordinary care

30-4-103. Variation by agreement -- measure of damages -- action constituting ordinary care.
(1) The effect of the provisions of this chapter may be varied by agreement, but the parties to the agreement may not disclaim a bank's responsibility for its own 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.
(2) Federal reserve regulations and operating circulars, clearinghouse rules, and the like, have the effect of agreements under subsection (1), whether or not specifically assented to by all parties interested in items handled.
(3) Action or nonaction approved by this chapter or pursuant to federal reserve regulations or operating circulars constitutes the exercise of ordinary care and, in the absence of special instructions, action or nonaction consistent with clearinghouse and similar rules or with a general banking usage not disapproved by this chapter, constitutes prima facie the exercise of ordinary care.
(4) The specification or approval of certain procedures by this chapter does not constitute disapproval of other procedures that may be reasonable under the circumstances.
(5) 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.
History: En. Sec. 4-103, Ch. 264, L. 1963; R.C.M. 1947, 87A-4-103; amd. Sec. 156, Ch. 410, L. 1991.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 4. Uniform Commercial Code Bank Deposits and Collections › Part 1. General Provisions and Definitions › 30-4-105. "Bank" -- "depositary bank" -- "intermediary bank" -- "collecting bank" -- "payor bank" -- "presenting bank"

30-4-105. "Bank" -- "depositary bank" -- "intermediary bank" -- "collecting bank" -- "payor bank" -- "presenting bank".
In this chapter, unless the context otherwise requires:
(1) "bank" means any 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.
History: En. Sec. 4-105, Ch. 264, L. 1963; R.C.M. 1947, 87A-4-105; amd. Sec. 158, Ch. 410, L. 1991.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 4. Uniform Commercial Code Bank Deposits and Collections › Part 1. General Provisions and Definitions › 30-4-106. Separate office of a bank

30-4-106. Separate office of a 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 chapter and under chapter 3.
History: En. Sec. 4-106, Ch. 264, L. 1963; R.C.M. 1947, 87A-4-106; amd. Sec. 160, Ch. 410, L. 1991.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 4. Uniform Commercial Code Bank Deposits and Collections › Part 1. General Provisions and Definitions › 30-4-107. Time of receipt of items

30-4-107. Time of receipt of items.
(1) 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 cut-off hour for the handling of money and items and the making of entries on its books.
(2) Any item or deposit of money received on any day after a cut-off 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.
History: En. Sec. 4-107, Ch. 264, L. 1963; R.C.M. 1947, 87A-4-107.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 4. Uniform Commercial Code Bank Deposits and Collections › Part 1. General Provisions and Definitions › 30-4-108. Delays

30-4-108. Delays.
(1) 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 code for a period not exceeding 2 additional banking days without discharge of drawers or indorsers or liability to its transferor or a prior party.
(2) Delay by a collecting bank or payor bank beyond time limits prescribed or permitted by this code or by instructions is excused if:
(a) 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
(b) the bank exercises such diligence as the circumstances require.
History: En. Sec. 4-108, Ch. 264, L. 1963; R.C.M. 1947, 87A-4-108; amd. Sec. 161, Ch. 410, L. 1991.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 4. Uniform Commercial Code Bank Deposits and Collections › Part 1. General Provisions and Definitions › 30-4-109. Repealed

30-4-109. Repealed.
Sec. 230, Ch. 410, L. 1991.
History: En. Sec. 4-109, Ch. 264, L. 1963; R.C.M. 1947, 87A-4-109.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 4. Uniform Commercial Code Bank Deposits and Collections › Part 1. General Provisions and Definitions › 30-4-110. Payable through or payable at bank -- collecting bank

30-4-110. Payable through or payable at bank -- collecting bank.
(1) If an item states that it is "payable through" a bank identified in the item:
(a) the item designates the bank as a collecting bank and does not by itself authorize the bank to pay the item; and
(b) the item may be presented for payment only by or through the bank.
(2) If an item states that it is "payable at" a bank identified in the item, the item is drawn on the bank.
History: En. Sec. 159, Ch. 410, L. 1991.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 4. Uniform Commercial Code Bank Deposits and Collections › Part 1. General Provisions and Definitions › 30-4-111. Truncation

30-4-111. Truncation.
(1) "Truncation agreement" means an agreement, clearinghouse 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 truncation agreement.
(2) If presentment is made pursuant to a truncation agreement, a reference to "item" or "check" in this chapter means the presentment notice unless the context otherwise indicates.
(3) An intermediary bank handling a presentment notice pursuant to a truncation agreement has the rights of a holder of the item to the same extent it would have had rights in the item if the item had been physically transferred to it in the course of collection.
History: En. Sec. 162, Ch. 410, L. 1991.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 4. Uniform Commercial Code Bank Deposits and Collections › Part 1. General Provisions and Definitions › 30-4-112. Statute of limitations

30-4-112. Statute of limitations.
An action to enforce an obligation, duty, or right arising under this chapter must be commenced within 3 years after the cause of action accrues.
History: En. Sec. 163, Ch. 410, L. 1991.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 4. Uniform Commercial Code Bank Deposits and Collections › Part 2. Collection of Items Depositary and Collecting Banks › 30-4-201. Presumption and duration of agency status of collecting banks and provisional status of credits -- applicability of chapter -- item endorsed "pay any bank"

30-4-201. Presumption and duration of agency status of collecting banks and provisional status of credits -- applicability of chapter -- item endorsed "pay any bank".
(1) 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 (subsections (3) and (4) of 30-4-211 and subsections (2) and (3) of 30-4-213), 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 endorsement or lack of endorsement 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 valid 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 chapter apply even though action of the parties clearly establishes that a particular bank has purchased the item and is the owner of it.
(2) After an item has been endorsed with the words "pay any bank" or the like, only a bank may acquire the rights of a holder:
(a) until the item has been returned to the customer initiating collection; or
(b) until the item has been specially endorsed by a bank to a person who is not a bank.
History: En. Sec. 4-201, Ch. 264, L. 1963; R.C.M. 1947, 87A-4-201; amd. Sec. 164, Ch. 410, L. 1991.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 4. Uniform Commercial Code Bank Deposits and Collections › Part 2. Collection of Items Depositary and Collecting Banks › 30-4-202. Responsibility for collection or return -- when action timely

30-4-202. Responsibility for collection or return -- when action timely.
(1) A collecting bank must exercise ordinary care in:
(a) presenting an item or sending it for presentment;
(b) 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;
(c) settling for an item when the bank receives final settlement; and
(d) notifying its transferor of any loss or delay in transit within a reasonable time after discovery thereof.
(2) A collecting bank exercises ordinary care under subsection (1) 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 so establishing.
(3) Subject to subsection (1)(a), 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 transit or in the possession of others.
History: En. Sec. 4-202, Ch. 264, L. 1963; R.C.M. 1947, 87A-4-202; amd. Sec. 165, Ch. 410, L. 1991.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 4. Uniform Commercial Code Bank Deposits and Collections › Part 2. Collection of Items Depositary and Collecting Banks › 30-4-203. Effect of instructions

30-4-203. Effect of instructions.
Subject to the provisions of chapter 3 concerning conversion of instruments (30-3-419) and restrictive endorsements (30-3-205), 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 such instructions or in accordance with any agreement with its transferor.
History: En. Sec. 4-203, Ch. 264, L. 1963; R.C.M. 1947, 87A-4-203; amd. Sec. 166, Ch. 410, L. 1991.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 4. Uniform Commercial Code Bank Deposits and Collections › Part 2. Collection of Items Depositary and Collecting Banks › 30-4-204. Methods of sending and presenting -- sending directly to payor bank

30-4-204. Methods of sending and presenting -- sending directly to payor bank.
(1) A collecting bank shall send items by a reasonably prompt method, taking into consideration any relevant instructions, the nature of the item, the number of those items on hand, and the cost of collection involved and the method generally used by it or others to present those items.
(2) A collecting bank may send:
(a) an item directly to the payor bank;
(b) an item to any nonbank payor if authorized by its transferor; and
(c) an item other than documentary drafts to a nonbank payor, if authorized by federal reserve regulation or operating circular, clearinghouse rule or the like.
(3) Presentment may be made by a presenting bank at a place where the payor bank or other payor has requested that presentment be made.
History: En. Sec. 4-204, Ch. 264, L. 1963; R.C.M. 1947, 87A-4-204; amd. Sec. 167, Ch. 410, L. 1991.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 4. Uniform Commercial Code Bank Deposits and Collections › Part 2. Collection of Items Depositary and Collecting Banks › 30-4-205. Depositary bank holder of unindorsed item

30-4-205. Depositary bank holder of unindorsed item.
If a customer is a holder of an item that is delivered 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, whether or not the customer indorses, and if it satisfies the other requirements of 30-3-302, it may be a holder in due course; and
(2) the depositary bank warrants to subsequent 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.
History: En. Sec. 4-205, Ch. 264, L. 1963; R.C.M. 1947, 87A-4-205; amd. Sec. 168, Ch. 410, L. 1991.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 4. Uniform Commercial Code Bank Deposits and Collections › Part 2. Collection of Items Depositary and Collecting Banks › 30-4-206. Transfer between banks

30-4-206. Transfer between banks.
Any agreed method that identifies the transferor bank is sufficient for the item's further transfer to another bank.
History: En. Sec. 4-206, Ch. 264, L. 1963; R.C.M. 1947, 87A-4-206; amd. Sec. 169, Ch. 410, L. 1991.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 4. Uniform Commercial Code Bank Deposits and Collections › Part 2. Collection of Items Depositary and Collecting Banks › 30-4-207. Transfer warranties

30-4-207. Transfer warranties.
(1) A customer or collecting bank that transfers an item and receives a settlement or other consideration warrants to the transferee and to any subsequent collecting bank that:
(a) the warrantor is a person entitled to enforce the item;
(b) all signatures on the item are authentic and authorized;
(c) the item has not been altered;
(d) the item is not subject to a defense or claim in recoupment stated in 30-3-305(1) of any party to the item that can be asserted against the warrantor; and
(e) 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.
(2) If an item is dishonored, a customer and collecting bank transferring the item and receiving settlement or other consideration is obliged to pay the amount due on the item according to the terms of the item at the time it was transferred or, if the transfer was of an incomplete item, according to its terms when completed as stated in 30-3-115 and 30-3-407. The obligation of a transferor is owed to the transferee and to any subsequent collecting bank that takes the item in good faith. A transferor may not disclaim its obligation under this subsection by an indorsement stating that it is made "without recourse" or otherwise disclaiming liability.
(3) A person to whom the warranties under subsection (1) are made and who took the item 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 item plus expenses and loss of interest incurred as a result of the breach.
(4) The warranties stated in subsection (1) cannot be disclaimed with respect to checks. Unless notice of a claim for breach of warranty is given to the warrantor within 30 days after the claimant has reason to know of the breach and the identity of the warrantor, the warrantor is discharged to the extent of any loss caused by the delay in giving notice of the claim.
(5) A cause of action for breach of warranty under this section accrues when the claimant has reason to know of the breach.
History: En. Sec. 4-207, Ch. 264, L. 1963; R.C.M. 1947, 87A-4-207; amd. Sec. 170, Ch. 410, L. 1991.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 4. Uniform Commercial Code Bank Deposits and Collections › Part 2. Collection of Items Depositary and Collecting Banks › 30-4-208. Security interest of collecting bank in items, accompanying documents, and proceeds

30-4-208. Security interest of collecting bank in items, accompanying documents, and proceeds.
(1) A collecting bank has a security interest in an item and any accompanying documents or the proceeds of either:
(a) in case of an item deposited in an account, to the extent to which credit given for the item has been withdrawn or applied;
(b) in case of an item for which it has given credit available for withdrawal as of right, to the extent of the credit given, whether or not the credit is drawn upon or there is a right of charge-back; or
(c) if it makes an advance on or against the item.
(2) If credit given for several items received at one time or pursuant to a single agreement is withdrawn or applied in part, the security interest remains upon all the items, any accompanying documents, or the proceeds of either. For the purpose of this section, credits first given are first withdrawn.
(3) Receipt by a collecting bank of a final settlement for an item is a realization on its security interest in the item, accompanying documents and proceeds. To the extent and so long as the bank does not receive final settlement for the item or give up possession of the item or accompanying documents for purposes other than collection, the security interest continues and is subject to the provisions of chapter 9A except that:
(a) no security agreement is necessary to make the security interest enforceable (30-9A-203(2)(c)(i)); and
(b) no filing is required to perfect the security interest; and
(c) the security interest has priority over conflicting perfected security interests in the item, accompanying documents or proceeds.
History: En. Sec. 4-208, Ch. 264, L. 1963; R.C.M. 1947, 87A-4-208; amd. Sec. 7, Ch. 402, L. 1983; amd. Sec. 173, Ch. 410, L. 1991; amd. Sec. 141, Ch. 305, L. 1999.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 4. Uniform Commercial Code Bank Deposits and Collections › Part 2. Collection of Items Depositary and Collecting Banks › 30-4-209. When bank gives value for purposes of holder in due course

30-4-209. When bank gives value for purposes of holder in due course.
For purposes of determining its status as a holder in due course, a bank has given value to the extent it has a security interest in an item, provided the bank otherwise complies with the requirements of 30-3-302 on what constitutes a holder in due course.
History: En. Sec. 4-209, Ch. 264, L. 1963; R.C.M. 1947, 87A-4-209; amd. Sec. 174, Ch. 410, L. 1991.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 4. Uniform Commercial Code Bank Deposits and Collections › Part 2. Collection of Items Depositary and Collecting Banks › 30-4-210. Presentment by notice of item not payable by, through, or at a bank -- liability of secondary parties

30-4-210. Presentment by notice of item not payable by, through, or at a bank -- liability of secondary parties.
(1) Unless otherwise instructed, a collecting bank may present an item not payable by, through, or at a bank by sending to the party to accept or pay a written notice that the bank holds the item for acceptance or payment. The notice must be sent in time to be received on or before the day when presentment is due and the bank must meet any requirement of the party to accept or pay under 30-3-504 by the close of the bank's next banking day after it knows of the requirement.
(2) If presentment is made by notice and neither payment, acceptance, nor request for compliance with a requirement under 30-3-504 is received by the close of business on the day after maturity or in the case of demand items by the close of business on the third banking day after notice was sent, the presenting bank may treat the item as dishonored and charge any secondary party by sending it notice of the facts.
History: En. Sec. 4-210, Ch. 264, L. 1963; R.C.M. 1947, 87A-4-210; amd. Sec. 175, Ch. 410, L. 1991.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 4. Uniform Commercial Code Bank Deposits and Collections › Part 2. Collection of Items Depositary and Collecting Banks › 30-4-211. Medium and time of settlement by bank

30-4-211. Medium and time of settlement by bank.
(1) With respect to settlement by a bank, the medium and time of settlement may be prescribed by federal reserve regulations or circulars, clearinghouse rules, and the like or by agreement. In the absence of such prescription:
(a) the medium of settlement is cash or credit to an account in a federal reserve bank of or specified by the person to receive settlement; and
(b) the time of settlement is:
(i) with respect to tender of settlement by cash, a cashier's check, or a teller's check, when the cash or check is sent or delivered;
(ii) with respect to tender of settlement by credit in an account in a federal reserve bank, when the credit is made;
(iii) with respect to tender of settlement by a credit or debit to an account in a bank, when the credit or debit is made or, in the case of tender of settlement by authority to charge an account, when the authority is sent or delivered; or
(iv) with respect to tender of settlement by a funds transfer, when payment is made pursuant to 30-4A-406(1) to the person receiving settlement.
(2) If the tender of settlement is not by a medium authorized by subsection (1) or the time of settlement is not fixed by subsection (1), no settlement occurs until the tender of settlement is accepted by the person receiving settlement.
(3) If settlement for an item is made by cashier's check or teller's check and the person receiving settlement, before its midnight deadline:
(a) presents or forwards the check for collection, settlement is final when the check is finally paid; or
(b) fails to present or forward the check for collection, settlement is final at the midnight deadline of the person receiving settlement.
(4) If settlement for an item is made by giving authority to charge the account of the bank giving settlement in the bank receiving settlement, settlement is final when the charge is made by the bank receiving settlement if there are funds available in the account for the amount of the item.
History: En. Sec. 4-211, Ch. 264, L. 1963; R.C.M. 1947, 87A-4-211; amd. Sec. 176, Ch. 410, L. 1991.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 4. Uniform Commercial Code Bank Deposits and Collections › Part 2. Collection of Items Depositary and Collecting Banks › 30-4-212. Right of charge-back or refund -- liability of collecting bank -- return of item

30-4-212. Right of charge-back or refund -- liability of collecting bank -- return of item.
(1) If a collecting bank has made provisional settlement with its customer for an item and fails by reason of dishonor, suspension of payments by a bank or otherwise to receive settlement for the item which is or becomes final, the bank may revoke the settlement given by it, charge back the amount of any credit given for the item to its customer's account or obtain refund from its customer, whether or not it is able to return the items if by its midnight deadline or within a longer reasonable time after it learns the facts it returns the item or sends notification of the facts. If the return or notice is delayed beyond the bank's midnight deadline or a longer reasonable time after it learns the facts, the bank may revoke the settlement, charge back the credit, or obtain refund from its customer but is liable for any loss resulting from the delay. These rights to revoke, charge back and obtain refund terminate if and when a settlement for the item received by the bank is or becomes final (subsections (3) and (4) of 30-4-211 and subsections (2) and (3) of 30-4-213).
(2) A collecting bank returns an item when it is sent or delivered to the bank's customer or transferor or pursuant to its instructions.
(3) A depositary bank which is also the payor may charge back the amount of an item to its customer's account or obtain refund in accordance with the section governing return of an item received by a payor bank for credit on its books (30-4-301).
(4) The right to charge back is not affected by:
(a) previous use of a credit given for the item; or
(b) failure by any bank to exercise ordinary care with respect to the item but any bank so failing remains liable.
(5) A failure to charge back or claim refund does not affect other rights of the bank against the customer or any other party.
(6) If credit is given in dollars as the equivalent of the value of an item payable in foreign money, the dollar amount of any charge-back or refund must be calculated on the basis of the bank-offered spot rate for the foreign money prevailing on the day when the person entitled to the charge-back or refund learns that it will not receive payment in ordinary course.
History: En. Sec. 4-212, Ch. 264, L. 1963; R.C.M. 1947, 87A-4-212; amd. Sec. 177, Ch. 410, L. 1991.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 4. Uniform Commercial Code Bank Deposits and Collections › Part 2. Collection of Items Depositary and Collecting Banks › 30-4-213. Final payment of item by payor bank -- when provisional debits and credits become final -- when certain credits become available for withdrawal

30-4-213. Final payment of item by payor bank -- when provisional debits and credits become final -- when certain credits become available for withdrawal.
(1) An item is finally paid by a payor bank when the bank has done any of the following, whichever happens first:
(a) paid the item in cash; or
(b) settled for the item without having a right to revoke the settlement under statute, clearinghouse rule, or agreement; or
(c) made a provisional settlement for the item and failed to revoke the settlement in the time and manner permitted by statute, clearinghouse rule, or agreement.
(2) If provisional settlement for an item between the presenting and payor banks is made through a clearinghouse or by debits or credits in an account between them, then to the extent that provisional debits or credits for the item are entered in accounts between the presenting and payor banks or between the presenting and successive prior collecting banks seriatim, they become final upon final payment of the item by the payor bank.
(3) If a collecting bank receives a settlement for an item which is or becomes final (subsections (3) and (4) of 30-4-211 and subsection (2) of this section) the bank is accountable to its customer for the amount of the item and any provisional credit given for the item in an account with its customer becomes final.
(4) Subject to applicable law stating a time for availability of funds and any right of the bank to apply the credit to an obligation of the customer, credit given by a bank for an item in a customer's account becomes available for withdrawal as of right:
(a) if the bank has received a provisional settlement for the item, when such settlement becomes final and the bank has had a reasonable time to receive return of the item and the item has not been received within that time;
(b) if the bank is both the depositary bank and the payor bank and the item is finally paid, at the opening of the bank's second banking day following receipt of the item.
(5) Subject to applicable law stating a time for availability of funds and any right of a bank to apply a deposit to an obligation of the depositor, a deposit of money becomes available for withdrawal as of right at the opening of the bank's next banking day after receipt of the deposit.
History: En. Sec. 4-213, Ch. 264, L. 1963; R.C.M. 1947, 87A-4-213; amd. Sec. 178, Ch. 410, L. 1991; amd. Sec. 134, Ch. 42, L. 1997.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 4. Uniform Commercial Code Bank Deposits and Collections › Part 2. Collection of Items Depositary and Collecting Banks › 30-4-214. Insolvency and preference

30-4-214. Insolvency and preference.
(1) Any item in or coming into the possession of a payor or collecting bank which suspends payment and which item is not finally paid shall be returned by the receiver, trustee or agent in charge of the closed bank to the presenting bank or the closed bank's customer.
(2) If a payor bank finally pays an item and suspends payments without making a settlement for the item with its customer or the presenting bank which settlement is or becomes final, the owner of the item has a preferred claim against the payor bank.
(3) If a payor bank gives or a collecting bank gives or receives a provisional settlement for an item and thereafter suspends payments, the suspension does not prevent or interfere with the settlement becoming final if such finality occurs automatically upon the lapse of certain time or the happening of certain events (subsections (3) and (4) of 30-4-211 and subsections (1)(c), (2), and (3) of 30-4-213).
(4) If a collecting bank receives from subsequent parties settlement for an item which settlement is or becomes final and suspends payments without making a settlement for the item with its customer that is or becomes final, the owner of the item has a preferred claim against the collecting bank.
History: En. Sec. 4-214, Ch. 264, L. 1963; R.C.M. 1947, 87A-4-214; amd. Sec. 179, Ch. 410, L. 1991.