(a) A presenting bank that, following the dishonor of a documentary draft, has seasonably requested instructions but does not receive them within a reasonable time may store, sell, or otherwise deal with the goods in any reasonable manner.
(b) For its reasonable expenses incurred by action under subsection (a) of this section, the presenting bank has a lien upon the goods or their proceeds, which may be foreclosed in the same manner as an unpaid seller’s lien.
(Dec. 30, 1963, 77 Stat. 708, Pub. L. 88-243, § 1; Mar. 23, 1995, D.C. Law 10-249, § 2(e), 42 DCR 467.)
1981 Ed., § 28:4-504.
1973 Ed., § 28:4-504.
The section gives the presenting bank, after dishonor, a privilege to deal with the goods in any commercially reasonable manner pending instructions from its transferor and, if still unable to communicate with its principal after a reasonable time, a right to realize its expenditures as if foreclosing on an unpaid seller’s lien ( Section 2-706). The provision includes situations in which storage of goods or other action becomes commercially necessary pending receipt of any requested instructions, even if the requested instructions are later received.
The “reasonable manner” referred to means one reasonable in the light of business factors and the judgment of a business man.
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