84-4-303. When items subject to notice, stop-payment order, legal process or setoff; order in which items may be charged or certified. (a) Any knowledge, notice, or stop-payment order received by, legal process served upon, or setoff exercised by a payor bank comes too late to terminate, suspend, or modify the bank's right or duty to pay an item or to charge its customer's account for the item if the knowledge, notice, stop-payment order or legal process is received or served and a reasonable time for the bank to act thereon expires or the setoff is exercised after the earliest of the following:
(1) The bank accepts or certifies the item;
(2) the bank pays the item in cash;
(3) the bank settles for the item without having a right to revoke the settlement under statute, clearinghouse rule, or agreement;
(4) the bank becomes accountable for the amount of the item under K.S.A. 84-4-302 and amendments thereto dealing with the payor bank's responsibility for late return of items; or
(5) with respect to checks, a cutoff hour no earlier than one hour after the opening of the next banking day after the banking day on which the bank received the check and no later than the close of that next banking day or, if no cutoff hour is fixed, the close of the next banking day after the banking day on which the bank received the check.
(b) Subject to subsection (a), items may be accepted, paid, certified or charged to the indicated account of its customer in any order.
History: L. 1965, ch. 564, § 226; L. 1991, ch. 296, § 100; 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.