Sec. 104. (a) In IC 26-1-4, unless the context otherwise requires:
(1) "Account" means any deposit or credit account with a bank, including a demand, time, savings, passbook, share draft, or like account, other than an account evidenced by a certificate of deposit.
(2) "Afternoon" means the period of a day between noon and midnight.
(3) "Banking day" means the part of a day on which a bank is open to the public for carrying on substantially all of its banking functions, but does not include Saturday, Sunday, or a legal holiday.
(4) "Clearing house" means an association of banks or other payors regularly clearing items.
(5) "Customer" means a person having an account with a bank or for whom a bank has agreed to collect items, including a bank that maintains an account at another bank.
(6) "Documentary draft" means a draft to be presented for acceptance or payment if specified documents, certificated securities (IC 26-1-8.1-102), or instructions for uncertificated securities (IC 26-1-8.1-102) or other certificates, statements, or the like are to be received by the drawee or other payor before acceptance or payment of the draft.
(7) "Draft" means a draft (as defined in IC 26-1-3.1-104) or an item, other than an instrument, that is an order.
(8) "Drawee" means a person ordered in a draft to make payment.
(9) "Good faith" means honesty in fact in the conduct or transaction concerned.
(10) "Item" means an instrument or a promise or order to pay money handled by a bank for collection or payment. The term does not include a payment order governed by IC 26-1-4.1 or a credit or debit card slip.
(11) "Midnight deadline" with respect to a bank is midnight on its next banking day following the banking day on which it receives the relevant item or notice or from which the time for taking action commences to run, whichever is later.
(12) "Settle" means to pay in cash, by clearing-house settlement, in a charge or credit, or by remittance, or otherwise as instructed. A settlement may be either provisional or final.
(13) "Suspends payments" with respect to a bank means that it has been closed by order of the supervisory authorities, that a public officer has been appointed to take it over, or that it ceases or refuses to make payments in the ordinary course of business.
(b) Other definitions applying to IC 26-1-4 and the sections in which they appear are:
"Agreement for electronic presentment". IC 26-1-4-110.
"Bank". IC 26-1-4-105.
"Collecting bank". IC 26-1-4-105.
"Depositary bank". IC 26-1-4-105.
"Intermediary bank". IC 26-1-4-105.
"Payor bank". IC 26-1-4-105.
"Presenting bank". IC 26-1-4-105.
"Presentment notice". IC 26-1-4-110.
(c) "Control" as provided in IC 26-1-7-106 and the following definitions in IC 26-1-3.1 apply to IC 26-1-4:
"Acceptance". IC 26-1-3.1-409.
"Alteration". IC 26-1-3.1-407.
"Cashier's check". IC 26-1-3.1-104.
"Certificate of deposit". IC 26-1-3.1-104.
"Certified check". IC 26-1-3.1-409.
"Check". IC 26-1-3.1-104.
"Holder in due course". IC 26-1-3.1-302.
"Instrument". IC 26-1-3.1-104.
"Notice of dishonor". IC 26-1-3.1-503.
"Order". IC 26-1-3.1-103.
"Ordinary care". IC 26-1-3.1-103.
"Person entitled to enforce". IC 26-1-3.1-301.
"Presentment". IC 26-1-3.1-501.
"Promise". IC 26-1-3.1-103.
"Prove". IC 26-1-3.1-103.
"Record". IC 26-1-1-201(33b).
"Remotely-created consumer item". IC 26-1-3.1-103.
"Teller's check". IC 26-1-3.1-104.
"Unauthorized signature". IC 26-1-3.1-403.
(d) In addition, IC 26-1-1 contains general definitions and principles of construction and interpretation applicable throughout IC 26-1-4.
Formerly: Acts 1963, c.317, s.4-104. As amended by P.L.152-1986, SEC.209; P.L.263-1987, SEC.1; P.L.222-1993, SEC.9; P.L.247-1995, SEC.6; P.L.143-2007, SEC.22; P.L.135-2009, SEC.15.
Structure Indiana Code
Article 1. Uniform Commercial Code
Chapter 4. Bank Deposits and Collections
26-1-4-102.5. Application of Bank Provisions to Supervised Financial Organizations
26-1-4-103. Variation by Agreement; Measure of Damages; Action Constituting Ordinary Care
26-1-4-104. Definitions and Index of Definitions
26-1-4-106. Payable Through or Payable at Bank; Collecting Bank
26-1-4-107. Separate Office of Bank
26-1-4-108. Time of Receipt of Items
26-1-4-110. Electronic Presentment
26-1-4-111. Statute of Limitations
26-1-4-202. Responsibility for Collection or Return; When Action Timely
26-1-4-203. Effect of Instructions
26-1-4-204. Methods of Sending and Presenting; Sending Directly to Payor Bank
26-1-4-205. Depositary Bank Holder of Unendorsed Items
26-1-4-206. Transfer Between Banks
26-1-4-207. Transfer Warranties
26-1-4-208. Presentment Warranties
26-1-4-209. Encoding and Retention Warranties
26-1-4-210. Security Interest of Collecting Bank in Items, Accompanying Documents, and Proceeds
26-1-4-211. When Bank Gives Value for Purposes of Holder in Due Course
26-1-4-213. Medium and Time of Settlement by Bank
26-1-4-214. Right of Charge-Back or Refund; Liability of Collecting Bank; Return of Item
26-1-4-216. Insolvency and Preference
26-1-4-302. Payor Bank's Responsibility for Late Return of Item
26-1-4-401. When Bank May Charge Customer's Account
26-1-4-403. Customer's Right to Stop Payment; Burden of Proof of Loss
26-1-4-404. Bank Not Obligated to Pay Check More Than Six Months Old
26-1-4-405. Death or Incompetence of Customer
26-1-4-406. Customer's Duty to Discover and Report Unauthorized Signature or Alteration
26-1-4-407. Payor Bank's Right to Subrogation on Improper Payment
26-1-4-502. Presentment of "On Arrival" Drafts
26-1-4-504. Privilege of Presenting Bank to Deal With Goods; Security Interest for Expenses