Unless otherwise instructed and except as provided in Article 5, a bank presenting a documentary draft:
(1) Must deliver the documents to the drawee on acceptance of the draft if it is payable more than 3 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.
(Dec. 30, 1963, 77 Stat. 707, Pub. L. 88-243, § 1; Mar. 23, 1995, D.C. Law 10-249, § 2(e), 42 DCR 467.)
1981 Ed., § 28:4-503.
1973 Ed., § 28:4-503.
1. This section states the rules governing, in the absence of instructions, the duty of the presenting bank in case either of honor or of dishonor of a documentary draft. The section should be read in connection with Section 2-514 on when documents are deliverable on acceptance, when on payment.
2. If the draft is drawn under a letter of credit, Article 5 controls. See Sections 5-109 through 5-114.
Reason for 1990 Change [D.C. Law 10-249]
Modified to conform with current drafting practices; no intent to change substance.
Structure District of Columbia Code
Title 28 - Commercial Instruments and Transactions. [Enacted title]
Subtitle I - Uniform Commercial Code
Article 4 - Bank Deposits and Collections
Part 3 - Collection of Items: Payor Banks
§ 28:4–302. Payor bank’s responsibility for late return of item
§ 28:4–401. When bank may charge customer’s account
§ 28:4–403. Customer’s right to stop payment; burden of proof of loss
§ 28:4–404. Bank not obliged to pay check more than 6 months old
§ 28:4–405. Death or incompetence of customer
§ 28:4–406. Customer’s duty to discover and report unauthorized signature or alteration
§ 28:4–407. Payor bank’s right to subrogation on improper payment
§ 28:4–502. Presentment of “on arrival” drafts
§ 28:4–504. Privilege of presenting bank to deal with goods; security interest for expenses