Maine Revised Statutes
Part 2: COLLECTION OF ITEMS; DEPOSITARY AND COLLECTING BANKS
11 §4-214. Insolvency and preference

§4-214. Insolvency and preference
(1).  If an item is in or comes into the possession of a payor or collecting bank that suspends payment and the item has not been finally paid, the item must be returned by the receiver, trustee or agent in charge of the closed bank to the presenting bank or the closed bank's customer.  
[PL 1993, c. 293, Pt. B, §35 (AMD).]
(2).  If a payor bank finally pays an item and suspends payments without making a settlement for the item with its customer or the presenting bank which settlement is or becomes final, the owner of the item has a preferred claim against the payor bank.  
(3).  If a payor bank gives or a collecting bank gives or receives a provisional settlement for an item and thereafter suspends payments, the suspension does not prevent or interfere with the settlement's becoming final if the finality occurs automatically upon the lapse of certain time or the happening of certain events.  
[PL 1993, c. 293, Pt. B, §35 (AMD).]
(4).  If a collecting bank receives from subsequent parties settlement for an item, which settlement is or becomes final and the bank suspends payments without making a settlement for the item with its customer which settlement is or becomes final, the owner of the item has a preferred claim against the collecting bank.  
[PL 1993, c. 293, Pt. B, §35 (AMD).]
SECTION HISTORY
PL 1993, c. 293, §B35 (AMD).

Structure Maine Revised Statutes

Maine Revised Statutes

TITLE 11: UNIFORM COMMERCIAL CODE

Article 4: BANK DEPOSITS AND COLLECTIONS

Part 2: COLLECTION OF ITEMS; DEPOSITARY AND COLLECTING BANKS

11 §4-201. Status of collecting bank as agent and provisional status of credits; applicability of Article; item indorsed "pay any bank"

11 §4-202. Responsibility for collection or return; when action timely

11 §4-203. Effect of instructions

11 §4-204. Methods of sending and presenting; sending directly to payor bank

11 §4-205. Depositary bank holder of unindorsed item

11 §4-206. Transfer between banks

11 §4-207. Warranties of customer and collecting bank on transfer or presentment of items; time for claims (REPEALED)

11 §4-207-A. Transfer warranties

11 §4-207-B. Presentment warranties

11 §4-207-C. Encoding and retention warranties

11 §4-208. Security interest of collecting bank in items, accompanying documents and proceeds

11 §4-209. When bank gives value for purposes of holder in due course

11 §4-210. Presentment by notice of item not payable by, through or at a bank; liability of drawer or indorser

11 §4-211. Media of remittance; provisional and final settlement in remittance cases (REPEALED)

11 §4-211-A. Medium and time of settlement by bank

11 §4-212. Right of charge-back or refund; liability of collecting bank; return of item

11 §4-213. Final payment of item by payor bank; when provisional debits and credits become final; when certain credits become available for withdrawal

11 §4-214. Insolvency and preference