84-4-104. Definitions and index of definitions. (a) In this article, 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;
(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 K.S.A. 84-8-102, and amendments thereto, or instructions for uncertificated securities (K.S.A. 84-8-308, and amendments thereto), 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 K.S.A. 84-3-104, and amendments thereto, or an item, other than an instrument, that is an order.
(8) "Drawee" means a person ordered in a draft to make payment;
(9) "Item" means an instrument or a promise in order to pay money handled by a bank for collection or payment. The term does not include a payment order governed by article 4a, and amendments thereto, or a credit or debit card slip;
(10) "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;
(11) "Settle" means to pay in cash, by clearing-house settlement, in a charge or credit or by remittance, or otherwise as agreed. A settlement may be either provisional or final;
(12) "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 this article and the sections in which they appear are:
"Agreement for electronic
presentment." 84-4-110,
and amendments thereto.
"Bank." 84-4-105,
and amendments thereto.
"Collecting bank." 84-4-105,
and amendments thereto.
"Depository bank." 84-4-105,
and amendments thereto.
"Intermediary bank." 84-4-105,
and amendments thereto.
"Payor bank." 84-4-105,
and amendments thereto.
"Presenting bank." 84-4-105,
and amendments thereto.
"Presentment notice." 84-4-110,
and amendments thereto.
(c) "Control" as provided in K.S.A. 2021 Supp. 84-7-106, and amendments thereto, and the following definitions in other articles apply to this article:
"Acceptance." 84-3-410,
and amendments thereto.
"Alteration." 84-3-407,
and amendments thereto.
"Cashier's check." 84-3-104,
and amendments thereto.
"Certificate of deposit." 84-3-104,
and amendments thereto.
"Certified check." 84-3-409,
and amendments thereto.
"Check." 84-3-104,
and amendments thereto.
"Draft." 84-3-104,
and amendments thereto.
"Holder in due course." 84-3-302,
and amendments thereto.
"Instrument." 84-3-104,
and amendments thereto.
"Notice of dishonor." 84-3-503,
and amendments thereto.
"Order." 84-3-103,
and amendments thereto.
"Ordinary care." 84-3-103,
and amendments thereto.
"Person entitled to enforce." 84-3-301,
and amendments thereto.
"Presentment." 84-3-504,
and amendments thereto.
"Promise." 84-3-103,
and amendments thereto.
"Prove." 84-3-103,
and amendments thereto.
"Teller's check." 84-3-104,
and amendments thereto.
"Unauthorized signature." 84-3-403,
and amendments thereto.
(d) In addition, article 1 of chapter 84 of the Kansas Statutes Annotated, and amendments thereto, contains general definitions and principles of construction and interpretation applicable throughout this article.
History: L. 1965, ch. 564, § 204; L. 1991, ch. 296, § 74; L. 1996, ch. 202, § 81; L. 2007, ch. 89, § 42; L. 2007, ch. 195, § 50; July 1, 2008.
Revisor's Note:
Section was also amended by L. 2007, ch. 90, § 62, but that version was repealed by L. 2007, ch. 195, § 60.
Structure Kansas Statutes
Chapter 84 - Uniform Commercial Code
Article 4 - Bank Deposits And Collections
84-4-103 Variation by agreement; measure of damages; action constituting ordinary care.
84-4-104 Definitions and index of definitions.
84-4-106 Payable through or payable at bank; collecting bank.
84-4-107 Separate office of bank.
84-4-108 Time of receipt of items.
84-4-110 Electronic presentment.
84-4-111 Statute of limitations.
84-4-202 Responsibility for collection or return; when action timely.
84-4-203 Effect of instructions.
84-4-204 Methods of sending and presenting; sending directly to payor bank.
84-4-205 Depository bank holder of unendorsed item.
84-4-206 Transfer between banks.
84-4-208 Presentment warranties.
84-4-209 Encoding and retention warranties.
84-4-210 Security interest of collecting bank in items, accompanying documents and proceeds.
84-4-211 When bank gives value for purposes of holder in due course.
84-4-213 Medium and time of settlement by bank.
84-4-214 Right of charge-back or refund; liability of collecting bank; return of item.
84-4-216 Insolvency and preference.
84-4-302 Payor bank's responsibility for late return of item.
84-4-401 When bank may charge customer's account.
84-4-403 Customer's right to stop payment; burden of proof of loss.
84-4-404 Bank not obligated to pay check more than six months old.
84-4-405 Death or incompetence of customer.
84-4-406 Customer's duty to discover and report unauthorized signature or alteration.
84-4-407 Payor bank's right to subrogation on improper payment.
84-4-502 Presentment of "on arrival" drafts.
84-4-504 Privilege of presenting bank to deal with goods; security interest for expenses.