2021 Oregon Revised Statutes
Chapter 074 - Bank Deposits and Collections
Section 74.5030 - Responsibility of presenting bank for documents and goods; report of reasons for dishonor; referee in case of need.


(1) Must deliver the documents to the drawee on acceptance of the draft if it is payable more than three days after presentment; otherwise, only on payment; and
(2) Upon dishonor, either in the case of presentment for acceptance or presentment for payment, may seek and follow instructions from any referee in case of need designated in the draft or if the presenting bank does not choose to utilize the referee’s services, it must use diligence and good faith to ascertain the reason for dishonor, must notify its transferor of the dishonor and of the results of its effort to ascertain the reasons therefor and must request instructions.
However, the presenting bank is under no obligation with respect to goods represented by the documents except to follow any reasonable instructions seasonably received; it has a right to reimbursement for any expense incurred in following instructions and to prepayment of or indemnity for those expenses. [1961 c.726 §74.5030; 1993 c.545 §112]

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.