84-4-210. Security interest of collecting bank in items, accompanying documents and proceeds. (a) A collecting bank has a security interest in an item and any accompanying documents or the proceeds of either:
(1) In case of an item deposited in an account, to the extent to which credit given for the item has been withdrawn or applied;
(2) in case of an item for which it has given credit available for withdrawal as of right, to the extent of the credit given, whether or not the credit is drawn upon or there is a right of charge-back; or
(3) if it makes an advance on or against the item.
(b) If credit given for several items received at one time or pursuant to a single agreement is withdrawn or applied in part the security interest remains upon all the items, any accompanying documents or the proceeds of either. For the purpose of this section, credits first given are first withdrawn.
(c) Receipt by a collecting bank of a final settlement for an item is a realization on its security interest in the item, accompanying documents and proceeds. So long as the bank does not receive final settlement for the item or give up possession of the item or possession or control of the accompanying documents for purposes other than collection, the security interest continues to that extent and is subject to article 9, but:
(1) No security agreement is necessary to make the security interest enforceable (K.S.A. 2021 Supp. 84-9-203(b)(3)(A), and amendments thereto);
(2) no filing is required to perfect the security interest; and
(3) the security interest has priority over conflicting perfected security interests in the item, accompanying documents, or proceeds.
History: L. 1965, ch. 564, § 217; L. 1991, ch. 296, § 91; L. 2000, ch. 142, § 146; L. 2007, ch. 90, § 63; July 1, 2008.
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.