(a) "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.
(b) "Afternoon" means the period of a day between noon and midnight.
(c) "Banking day" has the meaning given that term in ORS 708A.650.
(d) "Clearing house" means an association of banks or other payors regularly clearing items.
(e) "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.
(f) "Documentary draft" means a draft to be presented for acceptance or payment if specified documents, certificated securities defined in ORS 78.1020 or instructions for uncertificated securities described in ORS 78.1020, or other certificates, statements or the like are to be received by the drawee or other payor before acceptance or payment of the draft.
(g) "Draft" means a draft as defined in ORS 73.0104 or an item, other than an instrument, that is an order.
(h) "Drawee" means a person ordered in a draft to make payment.
(i) "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 ORS chapter 74A or a credit or debit card slip.
(j) "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.
(k) "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.
(L) "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.
(2) Other definitions applying to this chapter and the sections in which they appear are:
(a) "Agreement for electronic presentment," as defined in ORS 74.1120.
(b) "Bank," as defined in ORS 74.1050.
(c) "Collecting bank," as defined in ORS 74.1050.
(d) "Depositary bank," as defined in ORS 74.1050.
(e) "Intermediary bank," as defined in ORS 74.1050.
(f) "Payor bank," as defined in ORS 74.1050.
(g) "Presenting bank," as defined in ORS 74.1050.
(h) "Presentment notice," as defined in ORS 74.1120.
(3) "Control" as provided in ORS 77.1060 and the following definitions in other sections apply to this chapter:
(a) "Acceptance," as defined in ORS 73.0409.
(b) "Alteration," as defined in ORS 73.0407.
(c) "Cashier’s check," as defined in ORS 73.0104.
(d) "Certificate of deposit," as defined in ORS 73.0104.
(e) "Certified check," as defined in ORS 73.0409.
(f) "Check," as defined in ORS 73.0104.
(g) "Holder in due course," as defined in ORS 73.0302.
(h) "Instrument," as defined in ORS 73.0104.
(i) "Notice of dishonor," as defined in ORS 73.0503.
(j) "Order," as defined in ORS 73.0103.
(k) "Ordinary care," as defined in ORS 73.0103.
(L) "Person entitled to enforce," as defined in ORS 73.0301.
(m) "Presentment," as defined in ORS 73.0501.
(n) "Promise," as defined in ORS 73.0103.
(o) "Prove," as defined in ORS 73.0103.
(p) "Teller’s check," as defined in ORS 73.0104.
(q) "Unauthorized signature," as defined in ORS 73.0403.
(4) In addition, ORS chapter 71 contains general definitions and principles of construction and interpretation applicable throughout this chapter. [1961 c.726 §74.1040; 1993 c.220 §1; 1993 c.545 §75; 1995 c.328 §67; 1997 c.631 §379; 2009 c.181 §45]
Structure 2021 Oregon Revised Statutes
Volume : 02 - Business Organizations, Commercial Code
Chapter 074 - Bank Deposits and Collections
Section 74.1020 - Applicability.
Section 74.1030 - Variation by agreement; measure of damages; action constituting ordinary care.
Section 74.1040 - Definitions and index of definitions.
Section 74.1060 - Payable through or payable at bank; collecting bank.
Section 74.1080 - Time of receipt of items.
Section 74.1090 - Waiver of time limits; when delay excused.
Section 74.1120 - Electronic presentment.
Section 74.2020 - Responsibility for collection; when action timely.
Section 74.2040 - Methods of sending and presenting; presentment.
Section 74.2050 - Depositary bank as holder of unindorsed item.
Section 74.2090 - Encoding and retention warranties; remedies.
Section 74.2100 - Security interest of collecting bank in items; priority.
Section 74.2130 - Medium and time of settlement by bank.
Section 74.2140 - Right of charge-back or refund; liability of collecting bank; return of item.
Section 74.2160 - Insolvency and preference.
Section 74.4010 - When bank may charge customer’s account.
Section 74.4050 - Death or incompetence of customer.
Section 74.4070 - Payor bank’s right to subrogation on improper payment.
Section 74.5040 - Privilege of presenting bank to deal with goods; security interest for expenses.