(a) Paid the item in cash;
(b) Settled for the item without having a right to revoke the settlement under statute, clearing house 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, clearing house rule or agreement.
(2) If provisional settlement for an item does not become final, the item is not finally paid.
(3) If provisional settlement for an item between the presenting and payor banks is made through a clearing house 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 items by the payor bank.
(4) 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.
(5) 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 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; or
(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.
(6) 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. [1993 c.545 §99]
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.