Section 4–401. (a) A bank may charge against the account of a customer an item that is properly payable from that account even though the charge creates an overdraft. An item is properly payable if it is authorized by the customer and is in accordance with any agreement between the customer and bank.
(b) A customer is not liable for the amount of an overdraft if the customer neither signed the item nor benefited from the proceeds of the item.
(c) A bank may charge against the account of a customer a check that is otherwise properly payable from the account, even though payment was made before the date of the check, unless the customer has given notice to the bank of the postdating describing the check with reasonable certainty. The notice is effective for the period stated in subsection (b) of section 4–403 for stop-payment orders, and must be received at such time and in such manner as to afford the bank a reasonable opportunity to act on it before the bank takes any action with respect to the check described in section 4–303. If a bank charges against the account of a customer a check before the date stated in the notice of postdating, the bank is liable for damages for the loss resulting from its act. The loss may include damages for dishonor of subsequent items under section 4–402.
(d) A bank that in good faith makes payment to a holder may charge the indicated account of its customer according to:
(1) the original terms of the altered item; or
(2) the terms of the completed item, even though the bank knows the item has been completed unless the bank has notice that the completion was improper.
Structure Massachusetts General Laws
Part I - Administration of the Government
Title XV - Regulation of Trade
Chapter 106 - Uniform Commercial Code
Article 4 - Bank Deposits and Collections
Section 4-213 - Medium and Time of Settlement by Bank
Section 4-214 - Right of Charge–back or Refund; Liability of Collecting Bank; Return of Item
Section 4-211 - When Bank Gives Value for Purposes of Holder in Due Course
Section 4-216 - Insolvency and Preference
Section 4-302 - Payor Bank's Responsibility for Late Return of Item
Section 4-407 - Payor Bank's Right to Subrogation on Improper Payment
Section 4-401 - When Bank May Charge Customer's Account
Section 4-404 - Bank Not Obliged to Pay Check More Than Six Months Old
Section 4-405 - Death or Incompetence of Customer
Section 4-406 - Customer's Duty to Discover and Report Unauthorized Signature or Alteration
Section 4-210 - Security Interest of Collecting Bank in Items, Accompanying Documents and Proceeds
Section 4-502 - Presentment of ''on Arrival'' Drafts
Section 4-209 - Encoding and Retention Warranties
Section 4-104 - Definitions and Index of Definitions
Section 4-207 - Transfer Warranties
Section 4-103 - Variation by Agreement; Measure of Damages; Action Constituting Ordinary Care
Section 4-106 - Payable Through or Payable at Bank; Collecting Bank
Section 4-107 - Separate Office of Bank
Section 4-108 - Time of Receipt of Items
Section 4-110 - Electronic Presentment
Section 4-111 - Statute of Limitations
Section 4-202 - Responsibility for Collection or Return; When Action Timely
Section 4-203 - Effect of Instructions
Section 4-204 - Methods of Sending and Presenting; Sending Direct to Payor Bank
Section 4-205 - Depositary Bank Holder of Unindorsed Item
Section 4-206 - Transfer Between Banks
Section 4-208 - Presentment Warranties
Section 4-504 - Privilege of Presenting Bank to Deal With Goods; Security Interest for Expenses
Section 4-403 - Customer's Right to Stop Payment; Burden of Proof of Loss