§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
TITLE 11: UNIFORM COMMERCIAL CODE
Article 4: BANK DEPOSITS AND COLLECTIONS
Part 2: COLLECTION OF ITEMS; DEPOSITARY AND COLLECTING BANKS
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-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 §4-211. Media of remittance; provisional and final settlement in remittance cases (REPEALED)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