2021 Oregon Revised Statutes
Chapter 074 - Bank Deposits and Collections
Section 74.1040 - Definitions and index of definitions.


(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

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 74.1050 - "Bank"; "depositary bank"; "intermediary bank"; "collecting bank"; "payor bank"; "presenting bank."

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 74.2010 - Status of collecting bank as agent and provisional status of credits; applicability of chapter; item indorsed "pay any bank."

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 74.2070 - Warranties of customer and collecting bank on transfer of item; dishonor of item; remedies; when claim accrues.

Section 74.2080 - Presentment warranties; remedies; defenses; payment of dishonored draft; warranty disclaimer not applicable to checks; when warranty claim accrues.

Section 74.2090 - Encoding and retention warranties; remedies.

Section 74.2100 - Security interest of collecting bank in items; priority.

Section 74.2120 - Presentment by notice of item not payable by, through or at bank; liability of drawer or indorser.

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 74.2150 - Final payment of item by payor bank; when provisional debits and credits become final; when certain credits become available for withdrawal.

Section 74.2160 - Insolvency and preference.

Section 74.3010 - Deferred posting; recovery of payment by return of items; time of dishonor; return of items by payor bank.

Section 74.3020 - Payor bank’s responsibility for late return of item; defenses to liability of payor bank.

Section 74.3030 - When items subject to notice, stop payment order, legal process or setoff; order in which items may be charged or certified; cutoff hour for checks.

Section 74.4010 - When bank may charge customer’s account.

Section 74.4020 - Bank’s liability to customer for wrongful dishonor; time of determining insufficiency of account.

Section 74.4030 - Customer’s right to stop payment; duration of stop payment order; burden of proof of loss.

Section 74.4050 - Death or incompetence of customer.

Section 74.4060 - Statements to customer; requirements; retaining copies of items; duty of customer to determine unauthorized payment; allocation of loss.

Section 74.4070 - Payor bank’s right to subrogation on improper payment.

Section 74.5030 - Responsibility of presenting bank for documents and goods; report of reasons for dishonor; referee in case of need.

Section 74.5040 - Privilege of presenting bank to deal with goods; security interest for expenses.