84-4-302. Payor bank's responsibility for late return of item. (a) If an item is presented to and received by a payor bank, the bank is accountable for the amount of:
(1) A demand item, other than a documentary draft, whether properly payable or not, if the bank, in any case in which it is not also the depository bank, retains the item beyond midnight of the banking day of receipt without settling for it or, whether or not it is also the depository bank, does not pay or return the item or send notice of dishonor until after its midnight deadline; or
(2) any other properly payable item unless within the time allowed for acceptance or payment of that item, the bank either accepts or pays the item or returns it and accompanying documents.
(b) The liability of a payor bank to pay an item pursuant to subsection (a) is subject to defenses based on breach of a presentment warranty (K.S.A. 84-4-208 and amendments thereto) or proof that the person seeking enforcement of the liability presented or transferred the item for the purpose of defrauding the payor bank.
History: L. 1965, ch. 564, § 225; L. 1991, ch. 296, § 99; Feb. 1, 1992.
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.