2021 Oregon Revised Statutes
Chapter 074 - Bank Deposits and Collections
Section 74.3020 - Payor bank’s responsibility for late return of item; defenses to liability of payor bank.


(a) 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
(b) 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.
(2) The liability of a payor bank to pay an item pursuant to subsection (1) of this section is subject to defenses based on breach of a presentment warranty under ORS 74.2080 or proof that the person seeking enforcement of the liability presented or transferred the item for the purpose of defrauding the payor bank. [1961 c.726 §74.3020; 1993 c.545 §102]

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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.