(a) A customer or any person authorized to draw on the account if there is more than one person may stop payment of any item drawn on the customer's account or close the account by an order to the bank describing the item or account with reasonable certainty received at a time and in a manner that affords the bank a reasonable opportunity to act on it before any action by the bank with respect to the item described in section 42a-4-303. If the signature of more than one person is required to draw on an account, any of these persons may stop payment or close the account.
(b) A stop-payment order is effective for six months, but it lapses after fourteen calendar days if the original order was oral and was not confirmed in writing within that period. A stop-payment order may be renewed for additional six-month periods by a writing given to the bank within a period during which the stop-payment order is effective.
(c) The burden of establishing the fact and amount of loss resulting from the payment of an item contrary to a stop-payment order or order to close an account is on the customer. The loss from payment of an item contrary to a stop-payment order may include damages for dishonor of subsequent items under section 42a-4-402.
(1959, P.A. 133, S. 4-403; P.A. 91-304, S. 100.)
History: P.A. 91-304 replaced numeric with alphabetic Subsec. indicators, amended Subsec. (a) to include an order to “close the account”, authorize “any person authorized to draw on the account if there is more than one person” to stop payment of an item or close the account, and add provision that “If the signature of more than one person is required to draw on an account, any of these persons may stop payment or close the account”, amended Subsec. (b) to revise provisions re duration of oral and written stop-payment orders and renewal of stop-payment orders, and amended Subsec. (c) to include reference to payment of an item contrary to an “order to close an account” and add provision that the loss from payment of an item contrary to a stop-payment order may include damages for dishonor of subsequent items.
Cited. 186 C. 618; 205 C. 604; 217 C. 205.
Cited. 4 CA 319.
Structure Connecticut General Statutes
Title 42a - Uniform Commercial Code
Article 4 - Bank Deposits and Collections
Section 42a-4-101. - Short title: Uniform Commercial Code–Bank Deposits and Collections.
Section 42a-4-102. - Applicability.
Section 42a-4-103. - Variation by agreement. Measure of damages. Action constituting ordinary care.
Section 42a-4-104. - Definitions and index of definitions.
Section 42a-4-106. - Payable through or payable at bank. Collecting bank.
Section 42a-4-107. - Separate office of bank.
Section 42a-4-108. - Time of receipt of items.
Section 42a-4-110. - Electronic presentment.
Section 42a-4-111. - Statute of limitations.
Section 42a-4-202. - Responsibility for collection or return. When action timely.
Section 42a-4-203. - Effect of instructions.
Section 42a-4-204. - Methods of sending and presenting. Sending directly to payor bank.
Section 42a-4-205. - Depositary bank holder of unendorsed item.
Section 42a-4-206. - Transfer between banks.
Section 42a-4-207. - Transfer warranties.
Section 42a-4-208. - Presentment warranties.
Section 42a-4-209. - Encoding and retention warranties.
Section 42a-4-211. - When bank gives value for purposes of holder in due course.
Section 42a-4-213. - Medium and time of settlement by bank.
Section 42a-4-214. - Right of charge-back or refund. Liability of collecting bank. Return of item.
Section 42a-4-216. - Insolvency and preference.
Section 42a-4-302. - Payor bank's responsibility for late return of item.
Section 42a-4-401. - When bank may charge customer's account.
Section 42a-4-403. - Customer's right to stop payment. Burden of proof of loss.
Section 42a-4-404. - Bank not obligated to pay check more than six months old.
Section 42a-4-405. - Death or incompetence of customer.
Section 42a-4-406. - Customer's duty to discover and report unauthorized signature or alteration.
Section 42a-4-407. - Payor bank's right to subrogation on improper payment.