|
(810 ILCS 5/Art.
4 Pt. 1 heading)
PART
1. GENERAL PROVISIONS AND DEFINITIONS
|
(810 ILCS 5/4-101) (from Ch. 26,
par. 4-101)
Sec. 4-101. Short title.
This Article may be cited as Uniform Commercial Code--Bank
Deposits and Collections.
(Source: P.A. 87-1135.)
|
(810 ILCS 5/4-102) (from Ch. 26,
par. 4-102)
Sec. 4-102. Applicability.
(a) To the extent that items within
this Article are also within Articles 3 and 8, they are subject
to those Articles. If there is conflict, this Article governs
Article 3, but Article 8 governs this Article.
(b) The liability of a bank for
action or non-action with respect to an item handled by
it for purpose of presentment, payment, or collection is governed
by the law of the place where the bank is located. In the case
of action or non-action 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.
(Source: P.A. 87-582; 87-1135.)
|
(810 ILCS 5/4-103) (from Ch. 26,
par. 4-103)
Sec. 4-103. Variation by
agreement; measure of damages; action constituting ordinary
care.
(a) The effect of the provisions
of this Article may be varied by agreement, but the parties to
the agreement cannot disclaim a bank's responsibility for its
lack of good faith or failure to exercise ordinary care or limit
the measure of damages for the lack or failure. However, the
parties may determine by agreement the standards by which the
bank's responsibility is to be measured if those standards are
not manifestly unreasonable.
(b) Federal Reserve regulations
and operating circulars, clearing-house rules, and the
like have the effect of agreements under subsection (a), whether
or not specifically assented to by all parties interested in
items handled.
(c) Action or non-action
approved by this Article or pursuant to Federal Reserve regulations
or operating circulars is the exercise of ordinary care and,
in the absence of special instructions, action or non-action
consistent with clearing-house rules and the like or with
a general banking usage not disapproved by this Article, is prima
facie the exercise of ordinary care.
(d) The specification or approval
of certain procedures by this Article is not disapproval of other
procedures that may be reasonable under the circumstances.
(e) The measure of damages for
failure to exercise ordinary care in handling an item is the
amount of the item reduced by an amount that could not have been
realized by the exercise of ordinary care. If there is also bad
faith it includes any other damages the party suffered as a proximate
consequence.
(Source: P.A. 87-582; 87-1135.)
|
(810 ILCS 5/4-104) (from Ch. 26,
par. 4-104)
Sec. 4-104. Definitions and
index of definitions.
(a) In this Article, unless the
context otherwise requires:
(1) "Account" means
any deposit or credit account
|
|
|
with a bank, including a demand, time,
savings, passbook, share draft, or like account,
other than an account evidenced by a certificate
of deposit;
|
|
|
(2) "Afternoon" means
the period of a day between
|
|
|
|
(3) "Banking
day" means the part of a day on which a
|
|
|
bank is open to the public for carrying
on substantially all of its banking functions,
except that any day that is not a banking day for
purposes of Federal Reserve Regulation CC (as may
be amended from time to time) shall not be a banking
day for purposes of this Article or Article 3;
|
|
|
(4) "Clearing
house" means an association of banks
|
|
|
or other payors regularly clearing items;
|
|
|
(5) "Customer" means
a person having an account with
|
|
|
a bank or for whom a bank has agreed
to collect items, including a bank that maintains
an account at another bank;
|
|
|
(6) "Documentary
draft" means a draft to be
|
|
|
presented for acceptance or payment
if specified documents, certificated securities
(Section 8-102) or instructions for uncertificated
securities (Section 8-102), or other certificates,
statements, or the like are to be received by the
drawee or other payor before acceptance or payment
of the draft;
|
|
|
(7) "Draft" means
a draft as defined in Section
|
|
|
3-104 or an item, other than an
instrument, that is an order;
|
|
|
(8) "Drawee" means
a person ordered in a draft to
|
|
|
|
(9) "Item" means
an instrument or a promise or order
|
|
|
to pay money handled by a bank for collection
or payment. The term does not include a payment
order governed by Article 4A or a credit or debit
card slip;
|
|
|
(10) "Midnight
deadline" with respect to a bank is
|
|
|
midnight on its next banking day following
the banking day on which it receives the relevant
item or notice or from which the time for taking
action commences to run, whichever is later;
|
|
|
(11) "Settle" means
to pay in cash, by
|
|
|
clearing-house settlement, in
a charge or credit or by remittance, or otherwise
as agreed. A settlement may be either provisional
or final;
|
|
|
(12) "Suspends
payments" with respect to a bank
|
|
|
means that it has been closed by order
of the supervisory authorities, that a public officer
has been appointed to take it over, or that it
ceases or refuses to make payments in the ordinary
course of business.
|
|
|
(b) Other definitions
applying to this Article and the Sections in which they
appear are:
|
|
"Agreement
for electronic
|
|
|
presentment"
|
Section
4-110.
|
|
"Bank"
|
Section
4-105.
|
|
"Collecting
bank"
|
Section
4-105.
|
|
"Depositary
bank"
|
Section
4-105.
|
|
"Intermediary
bank"
|
Section
4-105.
|
|
"Payor
bank"
|
Section
4-105.
|
|
"Presenting
bank"
|
Section
4-105.
|
|
"Presentment
notice"
|
Section
4-110.
|
|
(c) The following
definitions in other Articles apply to this Article:
|
|
"Acceptance"
|
Section
3-409.
|
|
"Alteration"
|
Section
3-407.
|
|
"Cashier's
check"
|
Section
3-104.
|
|
"Certificate
of deposit"
|
Section
3-104.
|
|
"Certified
check"
|
Section
3-409.
|
|
"Check"
|
Section
3-104.
|
|
"Good
faith"
|
Section
3-103.
|
|
"Holder
in due course"
|
Section
3-302.
|
|
"Instrument"
|
Section
3-104.
|
|
"Notice
of dishonor"
|
Section
3-503.
|
|
"Order"
|
Section
3-103.
|
|
"Ordinary
care"
|
Section
3-103.
|
|
"Person
entitled to enforce"
|
Section
3-301.
|
|
"Presentment"
|
Section
3-501.
|
|
"Promise"
|
Section
3-103.
|
|
"Prove"
|
Section
3-103.
|
|
"Teller's
check"
|
Section
3-104.
|
|
"Unauthorized
signature"
|
Section
3-403.
|
|
|
(d) In addition
Article 1 contains general definitions and principles of
construction and interpretation applicable throughout this
Article.
(Source: P.A. 88-45; 89-364, eff. 1-1-96.)
|
(810 ILCS 5/4-105) (from Ch. 26, par. 4-105)
Sec. 4-105. "Bank"; "Depositary
Bank"; "Payor Bank"; "Intermediary Bank"; "Collecting
Bank"; "Presenting Bank".
In this Article:
(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.
(Source: P.A. 87-582; 87-1135.)
|
(810 ILCS 5/4-106) (from Ch. 26, par. 4-106)
Sec. 4-106. Payable through
or payable at bank; collecting bank.
(a) If an item states that it is "payable
through" a bank identified in the item, (i) the item designates
the bank as a collecting bank and does not by itself authorize
the bank to pay the item, and (ii) the item may be presented
for payment only by or through the bank.
(b) If an item states that it is "payable
at" a bank identified in the item, (i) the item designates
the bank as a collecting bank and does not by itself authorize
the bank to pay the item, and (ii) the item may be presented
for payment only by or through the bank.
(c) If a draft names a nonbank
drawee and it is unclear whether a bank named in the draft is
a co-drawee or a collecting bank, the bank is a collecting
bank.
(Source: P.A. 87-582; 87-1135.)
|
(810 ILCS 5/4-107) (from Ch. 26, par. 4-107)
Sec. 4-107. Separate office
of bank. A branch or separate office of a bank is a separate
bank for the purpose of computing the time within which and
determining the place at or to which action may be taken or
notice or orders must be given under this Article and under
Article 3.
(Source: P.A. 87-582.)
|
(810 ILCS 5/4-108) (from Ch. 26, par. 4-108)
Sec. 4-108. Time of receipt
of items.
(a) For the purpose of allowing
time to process items, prove balances, and make the necessary
entries on its books to determine its position for the day, a
bank may fix an afternoon hour of 2:00 P.M. or later as a cutoff
hour for the handling of money and items and the making of entries
on its books.
(b) An item or deposit of money
received on any day after a cutoff hour so fixed or after the
close of the banking day may be treated as being received at
the opening of the next banking day.
(Source: P.A. 87-582; 87-1135.)
|
(810 ILCS 5/4-109) (from Ch. 26, par. 4-109)
Sec. 4-109. Delays.
(a) Unless otherwise instructed,
a collecting bank in a good faith effort to secure payment
of a specific item drawn on a payor other than a bank, and
with or without the approval of any person involved, may waive,
modify, or extend time limits imposed or permitted by this
Act for a period not exceeding 2 additional banking days without
discharge of drawers or indorsers or liability to its transferor
or a prior party.
(b) Delay by a collecting bank
or payor bank beyond time limits prescribed or permitted by this
Act or by instructions is excused if (i) the delay is caused
by interruption of communication or computer facilities, suspension
of payments by another bank, war, emergency conditions, failure
of equipment, or other circumstances beyond the control of the
bank, and (ii) the bank exercises such diligence as the circumstances
require.
(Source: P.A. 87-582.)
|
(810 ILCS 5/4-110) (from Ch. 26,
par. 4-110)
Sec. 4-110. Electronic presentment.
(a) "Agreement for electronic
presentment" means an agreement, clearing-house rule,
or Federal Reserve regulation or operating circular, providing
that presentment of an item may be made by transmission of an
image of an item or information describing the item ("presentment
notice") rather than delivery of the item itself. The agreement
may provide for procedures governing retention, presentment,
payment, dishonor, and other matters concerning items subject
to the agreement.
(b) Presentment of an item pursuant
to an electronic presentment agreement is made when the presentment
notice is received.
(c) If presentment is made by presentment
notice, a reference to "item" or "check" in
this Article means the presentment notice unless the context
otherwise indicates.
(Source: P.A. 87-582; 87-1135.)
|
(810 ILCS 5/4-111) (from Ch. 26,
par. 4-111)
Sec. 4-111. Statute of limitations.
An action to enforce an obligation, duty or right arising under
this Article must be commenced within 3 years after the cause
of action accrues.
(Source: P.A. 87-582.)
|
|