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2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 13 - COMMERCIAL CODE › Chapter 42 - Collection of Items: Depositary and Collecting Banks › Section 4207 - Transfer warranties

§ 4207. Transfer warranties.
(a) General rule.
--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:
(1) the warrantor is a person entitled to enforce the item;
(2) all signatures on the item are authentic and authorized;
(3) the item has not been altered;
(4) the item is not subject to a defense or claim in recoupment (section 3305(a)) of any party that can be asserted against the warrantor; and
(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.
(b) Effect of dishonor.
--If an item is dishonored, a customer or 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 sections 3115 (relating to incomplete instrument) and 3407 (relating to alteration). 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 cannot disclaim its obligation under this subsection by an indorsement stating that it is made "without recourse" or otherwise disclaiming liability.
(c) Measure of damages for breach of warranty.
--A person to whom the warranties under subsection (a) 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.
(d) Prohibition against certain disclaimers and discharge.
-- The warranties stated in subsection (a) 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.
(e) Cause of action.
--A cause of action for breach of warranty under this section accrues when the claimant has reason to know of the breach. (July 9, 1992, P.L.507, No.97, eff. one year)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 13 - COMMERCIAL CODE › Chapter 42 - Collection of Items: Depositary and Collecting Banks › Section 4209 - Encoding and retention warranties

§ 4209. Encoding and retention warranties.
(a) Encoding warranty.
--A person who encodes information on or with respect to an item after issue warrants to any subsequent collecting bank and to the payor bank or other payor that the information is correctly encoded. If the customer of a depositary bank encodes, that bank also makes the warranty.
(b) Retention warranty.
--A person who undertakes to retain an item pursuant to an agreement for electronic presentment warrants to any subsequent collecting bank and to the payor bank or other payor that retention and presentment of the item comply with the agreement. If a customer of a depositary bank undertakes to retain an item, that bank also makes this warranty.
(c) Measure of damages for breach of warranty.
--A person to whom warranties are made under this section 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, plus expenses and loss of interest incurred as a result of the breach. (July 9, 1992, P.L.507, No.97, eff. one year)
1992 Amendment.
Act 97 added present section 4209 and renumbered former section 4209 to present section 4211.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 13 - COMMERCIAL CODE › Chapter 42 - Collection of Items: Depositary and Collecting Banks › Section 4210 - Security interest of collecting bank in items, accompanying documents and proceeds

§ 4210. Security interest of collecting bank in items,
accompanying documents and proceeds.
(a) General rule.
--A collecting bank has a security interest in an item and any accompanying documents or the proceeds of either:
(1) in case of an item deposited in an account, to the extent to which credit given for the item has been withdrawn or applied;
(2) 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
(3) if it makes an advance on or against the item.
(b) Partial withdrawal of credit given for several items.
-- 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.
(c) Satisfaction and continuation of security interest.
-- 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. So long as the bank does not receive final settlement for the item or give up possession of the item or possession or control of the accompanying documents for purposes other than collection, the security interest continues to that extent and is subject to Division 9 (relating to secured transactions), but:
(1) no security agreement is necessary to make the security interest enforceable (section 9203(b)(3)(i)
(relating to attachment and enforceability of security interest; proceeds; supporting obligations; formal requisites));
(2) no filing is required to perfect the security interest; and
(3) the security interest has priority over conflicting perfected security interests in the item, accompanying documents or proceeds. (Nov. 26, 1982, P.L.696, No.201, eff. 180 days; July 9, 1992, P.L.507, No.97, eff. one year; June 8, 2001, P.L.123, No.18, eff. July 1, 2001; Apr. 16, 2008, P.L.57, No.13, eff. 60 days)
2008 Amendment.
Act 13 amended subsec. (c) intro. par.
2001 Amendment.
Act 18 amended subsec. (c).
1992 Amendment.
Act 97 amended and renumbered section 4208 to section 4210 and renumbered section 4210 to section 4212.
Cross References.
Section 4210 is referred to in sections 9102, 9109, 9203, 9309, 9322 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 13 - COMMERCIAL CODE › Chapter 42 - Collection of Items: Depositary and Collecting Banks › Section 4211 - When bank gives value for purposes of holder in due course

§ 4211. 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, if the bank otherwise complies with the requirements of section 3302 (relating to holder in due course). (July 9, 1992, P.L.507, No.97, eff. one year)
1992 Amendment.
Act 97 deleted section 4211 by amendment and renumbered section 4209 to section 4211.
Cross References.
Section 4211 is referred to in section 5102 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 13 - COMMERCIAL CODE › Chapter 42 - Collection of Items: Depositary and Collecting Banks › Section 4212 - Presentment by notice of item not payable by, through or at a bank; liability of drawer or indorser

§ 4212. Presentment by notice of item not payable by, through
or at a bank; liability of drawer or indorser.
(a) Presentment by notice.
--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 section 3501 (relating to presentment) by the close of the next banking day of the bank after it knows of the requirement.
(b) Dishonor and notice to drawer or indorser.
--If presentment is made by notice and payment, acceptance or request for compliance with a requirement under section 3501 is not 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 drawer or indorser by sending it notice of the facts. (July 9, 1992, P.L.507, No.97, eff. one year)
1992 Amendment.
Act 97 amended and renumbered former section 4210 to present section 4212 and renumbered former section 4212 to present section 4214.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 13 - COMMERCIAL CODE › Chapter 42 - Collection of Items: Depositary and Collecting Banks › Section 4213 - Medium and time of settlement by bank

§ 4213. Medium and time of settlement by bank.
(a) Certain rules regarding settlement by bank.
--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 agreement. In the absence of such prescription:
(1) 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
(2) the time of settlement is:
(i) with respect to tender of settlement by cash, a cashier's check or 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 section 4A406(a) (relating to payment by originator to beneficiary; discharge of underlying obligation) to the person receiving settlement.
(b) When settlement occurs under certain circumstances not covered by subsection (a).
--If the tender of settlement is not by a medium authorized by subsection (a) or the time of settlement is not fixed by subsection (a), no settlement occurs until the tender of settlement is accepted by the person receiving settlement.
(c) Settlement by cashier's check or teller's check.
--If settlement for an item is made by cashier's check or teller's check and the person receiving settlement, before its midnight deadline:
(1) presents or forwards the check for collection, settlement is final when the check is finally paid; or
(2) fails to present or forward the check for collection, settlement is final at the midnight deadline of the person receiving settlement.
(d) Settlement by tender of authority to charge account of bank making settlement in bank receiving settlement.
--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. (July 9, 1992, P.L.507, No.97, eff. one year)
1992 Amendment.
Act 97 added present section 4213 and renumbered former section 4213 to present section 4215.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 13 - COMMERCIAL CODE › Chapter 42 - Collection of Items: Depositary and Collecting Banks › Section 4214 - Right of charge-back or refund; liability of collecting bank; return of item

§ 4214. Right of charge-back or refund; liability of collecting
bank; return of item.
(a) Right of collecting bank to charge-back or refund.
--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 the account of its customer, or obtain refund from its customer, whether or not it is able to return the item, 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 it 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.
(b) Return of item by collecting bank.
--A collecting bank returns an item when it is sent or delivered to the bank's customer or transferor or pursuant to its instructions.
(c) Right of depositary-payor bank to charge-back or refund.
--A depositary bank that is also the payor may charge- back the amount of an item to the account of its customer or obtain refund in accordance with the section governing return of an item received by a payor bank for credit on its books (section 4301).
(d) Right of charge-back unaffected in certain cases.
--The right to charge-back is not affected by:
(1) previous use of a credit given for the item; or
(2) failure by any bank to exercise ordinary care with respect to the item, but a bank so failing remains liable.
(e) Effect of failure to charge-back or claim refund.
--A failure to charge-back or claim refund does not affect other rights of the bank against the customer or any other party.
(f) Credit in dollars for item payable in foreign money.
--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. (July 9, 1992, P.L.507, No.97, eff. one year)
1992 Amendment.
Act 97 amended and renumbered former section 4212 to present section 4214 and renumbered former section 4214 to present section 4216.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 13 - COMMERCIAL CODE › Chapter 42 - Collection of Items: Depositary and Collecting Banks › Section 4215 - Final payment of item by payor bank; when provisional debits and credits become final; when certain credits become available for withdrawal

§ 4215. Final payment of item by payor bank; when provisional
debits and credits become final; when certain credits
become available for withdrawal.
(a) When item is finally paid by payor bank.
--An item is finally paid by a payor bank when the bank has first done any of the following:
(1) Paid the item in cash.
(2) Settled for the item without having a right to revoke the settlement under statute, clearinghouse rule or agreement.
(3) 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.
(b) Effect of provisional settlement which does not become final.
--If provisional settlement for an item does not become final, the item is not finally paid.
(c) When provisional debits and credits become final.
--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.
(d) Accountability of collecting bank to customer upon final settlement.
--If a collecting bank receives a settlement for an item which is or becomes final, 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.
(e) When credit becomes available for withdrawal.
--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:
(1) if the bank has received a provisional settlement for the item, when the 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; and
(2) if the bank is both the depositary bank and the payor bank and the item is finally paid, at the opening of the second banking day of the bank following receipt of the item.
(f) When deposit of money becomes available for withdrawal.
--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 next banking day of the bank after receipt of the deposit. (July 9, 1992, P.L.507, No.97, eff. one year)
1992 Amendment.
Act 97 amended and renumbered former section 4213 to present section 4215.
Cross References.
Section 4215 is referred to in section 3418 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 13 - COMMERCIAL CODE › Chapter 42 - Collection of Items: Depositary and Collecting Banks › Section 4216 - Insolvency and preference

§ 4216. Insolvency and preference.
(a) Return of unpaid item by agent of closed bank.
--If an item is in or comes into the possession of a payor or collecting bank that suspends payment and the item has not been finally paid, the item must be returned by the receiver, trustee or agent in charge of the closed bank to the presenting bank or the customer of the closed bank.
(b) Preferred claim against payor bank by owner of unsettled item.
--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 preferred claim against the payor bank.
(c) Finality of provisional settlement by payor or collecting bank unaffected.
--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's becoming final if the finality occurs automatically upon the lapse of certain time or the happening of certain events.
(d) Preferred claim against collecting bank by owner of unsettled item.
--If a collecting bank receives from subsequent parties settlement for an item, which settlement is or becomes final and the bank suspends payments without making a settlement for the item with its customer which settlement is or becomes final, the owner of the item has a preferred claim against the collecting bank. (July 9, 1992, P.L.507, No.97, eff. one year)
1992 Amendment.
Act 97 amended and renumbered former section 4214 to present section 4216.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 13 - COMMERCIAL CODE › Chapter 43 - Collection of Items: Payor Banks › Section 4301 - Deferred posting; recovery of payment by return of items; time of dishonor; return of items by payor bank

§ 4301. Deferred posting; recovery of payment by return of items; time of dishonor; return of items by payor bank.
(a) Return by payor bank of item provisionally settled.--
If a payor bank settles for a demand item other than a documentary draft presented otherwise than for immediate payment over the counter before midnight of the banking day of receipt, the payor bank may revoke the settlement and recover the settlement if, before it has made final payment and before its midnight deadline, it:
(1) returns the item; or
(2) sends written notice of dishonor or nonpayment if the item is unavailable for return.
(b) Time for return of provisionally settled item.--
If a demand item is received by a payor bank for credit on its books, it may return the item or send notice of dishonor and may revoke any credit given or recover the amount thereof withdrawn by its customer, if it acts within the time limit and in the manner specified in subsection (a).
(c) Time when item is dishonored.--
Unless previous notice of dishonor has been sent, an item is dishonored at the time when for purposes of dishonor it is returned or notice sent in accordance with this section.
(d) Acts constituting return of item.--
An item is returned:
(1) as to an item presented through a clearinghouse, when it is delivered to the presenting or last collecting bank or to the clearinghouse or is sent or delivered in accordance with clearinghouse rules; or
(2) in all other cases, when it is sent or delivered to the bank's customer or transferor or pursuant to his instructions.
(July 9, 1992, P.L.507, No.97, eff. one year)
Cross References.
Section 4301 is referred to in sections 3502, 4214 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 13 - COMMERCIAL CODE › Chapter 43 - Collection of Items: Payor Banks › Section 4302 - Responsibility of payor bank for late return of item

§ 4302. Responsibility of payor bank for late return of item.
(a) General rule.
--If an item is presented to and received by a payor bank the bank is accountable for the amount of:
(1) a demand item, other than a documentary draft, whether properly payable or not, if the bank, in any case in which it is not also the depositary bank, retains the item beyond midnight of the banking day of receipt without settling for it or, whether or not it is also the depositary bank, does not pay or return the item or send notice of dishonor until after its midnight deadline; or
(2) any other properly payable item unless, within the time allowed for acceptance or payment of that item, the bank either accepts or pays the item or returns it and accompanying documents.
(b) Liability of payor bank subject to certain defenses.
-- The liability of a payor bank to pay an item pursuant to subsection (a) is subject to defenses based on breach of a presentment warranty (section 4208) or proof that the person seeking enforcement of the liability presented or transferred the item for the purpose of defrauding the payor bank. (July 9, 1992, P.L.507, No.97, eff. one year)
Cross References.
Section 4302 is referred to in sections 3312, 3502, 4303 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 13 - COMMERCIAL CODE › Chapter 43 - Collection of Items: Payor Banks › Section 4303 - When items subject to notice, stop-payment order, legal process or set-off; order in which items may be charged or certified

§ 4303. When items subject to notice, stop-payment order, legal
process or set-off; order in which items may be
charged or certified.
(a) When items subject to knowledge, notice, stop-payment order, legal process or set-off.
--Any knowledge, notice or stop- payment order received by, legal process served upon or set-off exercised by a payor bank comes too late to terminate, suspend or modify the right or duty of the bank to pay an item or to charge the account of its customer for the item if the knowledge, notice, stop-payment order or legal process is received or served and a reasonable time for the bank to act thereon expires or the set-off is exercised after the earliest of the following:
(1) The bank accepts or certifies the item.
(2) The bank pays the item in cash.
(3) The bank settles for the item without having a right to revoke the settlement under statute, clearinghouse rule or agreement.
(4) The bank becomes accountable for the amount of the item under section 4302 (relating to responsibility of payor bank for late return of item).
(5) With respect to checks, a cutoff hour no earlier than one hour after the opening of the next banking day after the banking day on which the bank received the check and no later than the close of that next banking day or, if no cutoff hour is fixed, the close of the next banking day after the banking day on which the bank received the check.
(b) Order in which items may be accepted, paid, certified or charged.
--Subject to subsection (a), items may be accepted, paid, certified or charged to the indicated account of its customer in any order. (July 9, 1992, P.L.507, No.97, eff. one year)
Cross References.
Section 4303 is referred to in sections 4401, 4403 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 13 - COMMERCIAL CODE › Chapter 44 - Relationship Between Payor Bank and Its Customer › Section 4401 - When bank may charge account of customer

§ 4401. When bank may charge account of customer.
(a) General rule.--
A bank may charge against the account of a customer an item that is properly payable from that account even though the charge creates an overdraft. An item is properly payable if it is authorized by the customer and is in accordance with any agreement between the customer and the bank.
(b) Limitation on customer liability.--
A customer is not liable for the amount of an overdraft if the customer neither signed the item nor benefited from the proceeds of the item.
(c) Postdated checks.--
A bank may charge against the account of a customer a check that is otherwise properly payable from the account, even though payment was made before the date of the check, unless the customer has given notice to the bank of the postdating describing the check with reasonable certainty. The notice is effective for the period stated in section 4403(b) (relating to right of customer to stop payment; burden of proof of loss) for stop-payment orders and must be received at such time and in such manner as to afford the bank a reasonable opportunity to act on it before the bank takes any action with respect to the check described in section 4303 (relating to when items subject to notice, stop-payment order, legal process or set-off; order in which items may be charged or certified). If a bank charges against the account of a customer a check before the date stated in the notice of postdating, the bank is liable for damages for the loss resulting from its act. The loss may include damages for dishonor of subsequent items under section 4402 (relating to liability of bank to customer for wrongful dishonor; time of determining insufficiency of account).
(d) Payment to holder on altered or completed item.--
A bank that in good faith makes payment to a holder may charge the indicated account of its customer according to:
(1) the original terms of the altered item; or
(2) the terms of the completed item, even though the bank knows the item has been completed unless the bank has notice that the completion was improper.
(July 9, 1992, P.L.507, No.97, eff. one year)
Cross References.
Section 4401 is referred to in section 3113 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 13 - COMMERCIAL CODE › Chapter 44 - Relationship Between Payor Bank and Its Customer › Section 4402 - Liability of bank to customer for wrongful dishonor; time of determining insufficiency of account

§ 4402. Liability of bank to customer for wrongful dishonor;
time of determining insufficiency of account.
(a) Wrongful dishonor.
--Except as otherwise provided in this division, a payor bank wrongfully dishonors an item if it dishonors an item that is properly payable, but a bank may dishonor an item that would create an overdraft unless it has agreed to pay the overdraft.
(b) Liability of bank.
--A payor bank is liable to its customer for damages proximately caused by the wrongful dishonor of an item. Liability is limited to actual damages proved and may include damages for an arrest or prosecution of the customer or other consequential damages. Whether any consequential damages are proximately caused by the wrongful dishonor is a question of fact to be determined in each case.
(c) Determination of bank.
--A payor bank's determination of the customer's account balance on which a decision to dishonor for insufficiency of available funds is based may be made at any time between the time the item is received by the payor bank and the time that the payor bank returns the item or gives notice in lieu of return, and no more than one determination need be made. If, at the election of the payor bank, a subsequent balance determination is made for the purpose of reevaluating the bank's decision to dishonor the item, the account balance at that time is determinative of whether a dishonor for insufficiency of available funds is wrongful. (July 9, 1992, P.L.507, No.97, eff. one year)
Cross References.
Section 4402 is referred to in sections 4401, 4403 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 13 - COMMERCIAL CODE › Chapter 44 - Relationship Between Payor Bank and Its Customer › Section 4403 - Right of customer to stop payment; burden of proof of loss

§ 4403. Right of customer to stop payment; burden of proof of
loss.
(a) Right of customer to stop payment.
--A customer or any person authorized to draw on the account if there is more than one person may stop payment of any item drawn on the customer's account or close the account by an order to the bank describing the item or account with reasonable certainty received at a time and in a manner that affords the bank a reasonable opportunity to act on it before any action by the bank with respect to the item described in section 4303 (relating to when items subject to notice, stop-payment order, legal process or set-off; order in which items may be charged or certified). If the signature of more than one person is required to draw on an account, any of these persons may stop payment or close the account.
(b) Duration of stop-payment orders.
--A stop-payment order is effective for six months, but it lapses after 14 calendar days if the original order was oral and was not confirmed in writing within that period. A stop-payment order may be renewed for additional six-month periods by a writing given to the bank within a period during which the stop-payment order is effective.
(c) Burden of proof of loss.
--The burden of establishing the fact and amount of loss resulting from the payment of an item contrary to a stop-payment order or order to close an account is on the customer. The loss from payment of an item contrary to a stop-payment order may include damages for dishonor of subsequent items under section 4402 (relating to liability of bank to customer for wrongful dishonor; time of determining insufficiency of account). (July 9, 1992, P.L.507, No.97, eff. one year)
Cross References.
Section 4403 is referred to in sections 3418, 4401 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 13 - COMMERCIAL CODE › Chapter 44 - Relationship Between Payor Bank and Its Customer › Section 4404 - Bank not obligated to pay check more than six months old

§ 4404. Bank not obligated to pay check more than six months
old.
A bank is under no obligation to a customer having a checking account to pay a check, other than a certified check, which is presented more than six months after its date, but it may charge the account of its customer for a payment made thereafter in good faith.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 13 - COMMERCIAL CODE › Chapter 44 - Relationship Between Payor Bank and Its Customer › Section 4405 - Death or incapacity of customer

§ 4405. Death or incapacity of customer.
(a) Authority of bank unaffected in absence of knowledge.
-- The authority of a payor or collecting bank to accept, pay or collect an item or to account for proceeds of its collection, if otherwise effective, is not rendered ineffective by incapacity of a customer of either bank existing at the time the item is issued or its collection is undertaken if the bank does not know of an adjudication of incapacity. Neither death nor incapacity of a customer revokes the authority to accept, pay, collect or account until the bank knows of the fact of death or of an adjudication of incapacity and has reasonable opportunity to act on it.
(b) Limited authority of bank following knowledge.
--Even with knowledge, a bank may for ten days after the date of death pay or certify checks drawn on or before that date unless ordered to stop payment by a person claiming an interest in the account. (Apr. 16, 1992, P.L.108, No.24, eff. 60 days; July 9, 1992, P.L.507, No.97, eff. one year)
1992 Amendments.
Act 24 amended the heading and subsec. (a) and Act 97 amended the entire section. Act 97 overlooked the amendment by Act 24, but the amendments do not conflict in substance, and both have been given effect in setting forth the section heading and the text of subsec. (a).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 13 - COMMERCIAL CODE › Chapter 44 - Relationship Between Payor Bank and Its Customer › Section 4407 - Right of payor bank to subrogation on improper payment

§ 4407. Right of payor bank to subrogation on improper payment.
If a payor bank has paid an item over the order of the drawer or maker to stop payment, or after an account has been closed, or otherwise under circumstances giving a basis for objection by the drawer or maker, to prevent unjust enrichment and only to the extent necessary to prevent loss to the bank by reason of its payment of the item, the payor bank is subrogated to the rights:
(1) of any holder in due course on the item against the drawer or maker;
(2) of the payee or any other holder of the item against the drawer or maker either on the item or under the transaction out of which the item arose; and
(3) of the drawer or maker against the payee or any other holder of the item with respect to the transaction out of which the item arose. (July 9, 1992, P.L.507, No.97, eff. one year)
Cross References.
Section 4407 is referred to in section 3418 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 13 - COMMERCIAL CODE › Chapter 45 - Collection of Documentary Drafts › Section 4501 - Handling of documentary drafts; duty to send for presentment and to notify customer of dishonor

§ 4501. Handling of documentary drafts; duty to send for presentment and to notify customer of dishonor.
A bank that takes a documentary draft for collection shall present or send the draft and accompanying documents for presentment and, upon learning that the draft has not been paid or accepted in due course, shall seasonably notify its customer of the fact even though it may have discounted or bought the draft or extended credit available for withdrawal as of right.
(July 9, 1992, P.L.507, No.97, eff. one year)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 13 - COMMERCIAL CODE › Chapter 45 - Collection of Documentary Drafts › Section 4502 - Presentment of "on arrival" drafts

§ 4502. Presentment of "on arrival" drafts.
If a draft or the relevant instructions require presentment "on arrival", "when goods arrive" or the like, the collecting bank need not present until in its judgment a reasonable time for arrival of the goods has expired. Refusal to pay or accept because the goods have not arrived is not dishonor; the bank must notify its transferor of the refusal but need not present the draft again until it is instructed to do so or learns of the arrival of the goods. (July 9, 1992, P.L.507, No.97, eff. one year)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 13 - COMMERCIAL CODE › Chapter 45 - Collection of Documentary Drafts › Section 4503 - Responsibility of presenting bank for documents and goods; report of reasons for dishonor; referee in case of need

§ 4503. Responsibility of presenting bank for documents and
goods; report of reasons for dishonor; referee in
case of need.
Unless otherwise instructed and except as provided in Division 5 (relating to letters of credit), a bank presenting a documentary draft:
(1) must deliver the documents to the drawee on acceptance of the draft if it is payable more than three days after presentment; otherwise, only on payment; and
(2) upon dishonor, either in the case of presentment for acceptance or presentment for payment, may seek and follow instructions from any referee in case of need designated in the draft or, if the presenting bank does not choose to utilize the referee's services, it must use diligence and good faith to ascertain the reason for dishonor, must notify its transferor of the dishonor and of the results of its effort to ascertain the reasons therefor and must request instructions. However, the presenting bank is under no obligation with respect to goods represented by the documents except to follow any reasonable instructions seasonably received; it has a right to reimbursement for any expense incurred in following instructions and to prepayment of or indemnity for those expenses. (July 9, 1992, P.L.507, No.97, eff. one year)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 13 - COMMERCIAL CODE › Chapter 45 - Collection of Documentary Drafts › Section 4504 - Privilege of presenting bank to deal with goods; security interest for expenses

§ 4504. Privilege of presenting bank to deal with goods;
security interest for expenses.
(a) Dealing with goods following dishonor of documentary draft.
--A presenting bank that, following the dishonor of a documentary draft, has seasonably requested instructions but does not receive them within a reasonable time may store, sell or otherwise deal with the goods in any reasonable manner.
(b) Security interest for expenses.
--For its reasonable expenses incurred by action under subsection (a), the presenting bank has a lien upon the goods or their proceeds, which may be foreclosed in the same manner as an unpaid lien of a seller. (July 9, 1992, P.L.507, No.97, eff. one year)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 13 - COMMERCIAL CODE › Chapter 4A1 - Subject Matter and Definitions › Section 4A102 - Subject matter

§ 4A102. Subject matter.
Except as otherwise provided in section 4A108 (relating to relationship to Electronic Fund Transfer Act), this division applies to funds transfers defined in section 4A104 (relating to funds transfer; definitions).
(July 9, 2013, P.L.262, No.49, eff. 60 days)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 13 - COMMERCIAL CODE › Chapter 4A1 - Subject Matter and Definitions › Section 4A103 - Payment order; definitions

§ 4A103. Payment order; definitions.
(a) Definition of "payment order" and related terms.
--The following words and phrases when used in this division shall have the meanings given to them in this subsection:
(1) "Payment order." An instruction of a sender to a receiving bank, transmitted orally, electronically or in writing, to pay, or to cause another bank to pay, a fixed or determinable amount of money to a beneficiary if:
(i) the instruction does not state a condition to payment to the beneficiary other than time of payment;
(ii) the receiving bank is to be reimbursed by debiting an account of, or otherwise receiving payment from, the sender; and
(iii) the instruction is transmitted by the sender directly to the receiving bank or to an agent, funds- transfer system or communication system for transmittal to the receiving bank.
(2) "Beneficiary." The person to be paid by the beneficiary's bank.
(3) "Beneficiary's bank." The bank identified in a payment order in which an account of the beneficiary is to be credited pursuant to the order or which otherwise is to make payment to the beneficiary if the order does not provide for payment to an account.
(4) "Receiving bank." The bank to which the sender's instruction is addressed.
(5) "Sender." The person giving the instruction to the receiving bank.
(b) Instruction.
--If an instruction complying with subsection (a)(1) is to make more than one payment to a beneficiary, the instruction is a separate payment order with respect to each payment.
(c) When payment order is issued.
--A payment order is issued when it is sent to the receiving bank. (June 8, 2001, P.L.123, No.18, eff. July 1, 2001)
2001 Amendment.
Act 18 amended subsec. (a) intro. par.
Cross References.
Section 4A103 is referred to in section 4A105 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 13 - COMMERCIAL CODE › Chapter 4A1 - Subject Matter and Definitions › Section 4A104 - Funds transfer; definitions

§ 4A104. Funds transfer; definitions.
(a) Definition of "funds transfer".
--"Funds transfer" means the series of transactions, beginning with the originator's payment order, made for the purpose of making payment to the beneficiary of the order. The term includes any payment order issued by the originator's bank or an intermediary bank intended to carry out the originator's payment order. A funds transfer is completed by acceptance by the beneficiary's bank of a payment order for the benefit of the beneficiary of the originator's payment order.
(b) Definition of "intermediary bank".
--"Intermediary bank" means a receiving bank other than the originator's bank or the beneficiary's bank.
(c) Definition of "originator".
--"Originator" means the sender of the first payment order in a funds transfer.
(d) Definition of "originator's bank".
--"Originator's bank" means:
(1) the receiving bank to which the payment order of the originator is issued if the originator is not a bank; or
(2) the originator if the originator is a bank.
Cross References.
Section 4A104 is referred to in sections 4A102, 4A105 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 13 - COMMERCIAL CODE › Chapter 4A1 - Subject Matter and Definitions › Section 4A106 - Time payment order is received

§ 4A106. Time payment order is received.
(a) General rule.
--The time of receipt of a payment order or communication canceling or amending a payment order is determined by the rules applicable to receipt of a notice stated in section 1202 (relating to notice; knowledge). A receiving bank may fix a cutoff time or times on a funds-transfer business day for the receipt and processing of payment orders and communications canceling or amending payment orders. Different cutoff times may apply to payment orders, cancellations or amendments or to different categories of payment orders, cancellations or amendments. A cutoff time may apply to senders generally or different cutoff times may apply to different senders or categories of payment orders. If a payment order or communication canceling or amending a payment order is received after the close of a funds-transfer business day or after the appropriate cutoff time on a funds-transfer business day, the receiving bank may treat the payment order or communication as received at the opening of the next funds-transfer business day.
(b) When date of certain required action does not fall on funds-transfer business day.
--If this division refers to an execution date or payment date or states a day on which a receiving bank is required to take action and the date or day does not fall on a funds-transfer business day, the next day that is a funds-transfer business day is treated as the date or day stated, unless the contrary is stated in this division. (Apr. 16, 2008, P.L.57, No.13, eff. 60 days)
2008 Amendment.
Act 13 amended subsec. (a).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 13 - COMMERCIAL CODE › Chapter 4A1 - Subject Matter and Definitions › Section 4A107 - Federal Reserve regulations and operating circulars

§ 4A107. Federal Reserve regulations and operating circulars.
Regulations of the Board of Governors of the Federal Reserve System and operating circulars of the Federal Reserve banks supersede any inconsistent provision of this division to the extent of the inconsistency.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 13 - COMMERCIAL CODE › Chapter 4A1 - Subject Matter and Definitions › Section 4A108 - Relationship to Electronic Fund Transfer Act

§ 4A108. Relationship to Electronic Fund Transfer Act.
(a) Nonapplicability.--
Except as set forth in subsection (b), this division does not apply to a funds transfer any part of which is governed by the Electronic Fund Transfer Act (Public Law 95-630, 15 U.S.C. § 1693 et seq.).
(b) Applicability.--
This division applies to a funds transfer that is a "remittance transfer" as defined in section 919(g)(2) and (3) of the Electronic Fund Transfer Act (Public Law 95-630, 15 U.S.C. § 1693o-1(g)(2) and (3)), unless the remittance transfer is an "electronic fund transfer" as defined in section 903(7) of the Electronic Fund Transfer Act (Public Law 95-630, 15 U.S.C. § 1693a(7)).
(c) Inconsistency.--
In a funds transfer to which this division applies, in the event of an inconsistency between an applicable provision of this division and an applicable provision of the Electronic Fund Transfer Act, the provision of the Electronic Fund Transfer Act governs to the extent of the inconsistency.
(July 9, 2013, P.L.262, No.49, eff. 60 days)
Cross References.
Section 4A108 is referred to in section 4A102 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 13 - COMMERCIAL CODE › Chapter 4A2 - Issue and Acceptance of Payment Order › Section 4A201 - Security procedure

§ 4A201. Security procedure.
"Security procedure" means a procedure established by agreement of a customer and a receiving bank for the purpose of:
(1) verifying that a payment order or communication amending or canceling a payment order is that of the customer; or
(2) detecting error in the transmission or the content of the payment order or communication.
A security procedure may require the use of algorithms or other codes, identifying words or numbers, encryption, callback procedures or similar security devices. Comparison of a signature on a payment order or communication with an authorized specimen signature of the customer is not by itself a security procedure.
Cross References.
Section 4A201 is referred to in section 4A105 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 13 - COMMERCIAL CODE › Chapter 4A2 - Issue and Acceptance of Payment Order › Section 4A203 - Unenforceability of certain verified payment orders

§ 4A203. Unenforceability of certain verified payment orders.
(a) General rule.
--If an accepted payment order is not, under section 4A202(a) (relating to authorized and verified payment orders), an authorized order of a customer identified as sender, but is effective as an order of the customer pursuant to section 4A202(b), the following rules apply:
(1) By express written agreement, the receiving bank may limit the extent to which it is entitled to enforce or retain payment of the payment order.
(2) The receiving bank is not entitled to enforce or retain payment of the payment order if the customer proves that the order was not caused, directly or indirectly, by a person:
(i) entrusted at any time with duties to act for the customer with respect to payment orders or the security procedure; or
(ii) who obtained access to transmitting facilities of the customer or who obtained, from a source controlled by the customer and without authority of the receiving bank, information facilitating breach of the security procedure, regardless of how the information was obtained or whether the customer was at fault. Information includes any access device, computer software or the like.
(b) Amendments of payment orders.
--This section applies to amendments of payment orders to the same extent it applies to payment orders.
Cross References.
Section 4A203 is referred to in sections 4A202, 4A204 of this title.