Sec. 4109.
(1) Unless otherwise instructed, a collecting bank in a good faith effort to secure payment of a specific item drawn on a payor other than a bank and with or without the approval of any person involved, may waive, modify, or extend time limits imposed or permitted by this act for a period not exceeding 2 additional banking days without discharge of drawers or endorsers or liability to its transferor or any prior party.
(2) Delay by a collecting bank or payor bank beyond time limits prescribed or permitted by this act or by instructions is excused if (i) the delay is caused by interruption of communication or computer facilities, suspension of payments by another bank, war, emergency conditions, failure of equipment, or other circumstances beyond the control of the bank and (ii) the bank exercises such diligence as the circumstances require.
History: Add. 1964, Act 250, Eff. Aug. 28, 1964 ;-- Am. 1993, Act 130, Eff. Sept. 30, 1993
Structure Michigan Compiled Laws
Chapter 440 - Uniform Commercial Code
Act 174 of 1962 - Uniform Commercial Code (440.1101 - 440.11102)
Article 4 - Bank Deposits and Collections (440.4101...440.4504)
174-1962-4-1 - Part 1 General Provisions and Definitions (440.4101...440.4111)
Section 440.4101 - Uniform Commercial Code—bank Deposits and Collections; Short Title.
Section 440.4102 - Conflict of Laws; Provisions Applicable.
Section 440.4103 - Variation by Agreement; Measure of Damages; Action Constituting Ordinary Care.
Section 440.4104 - Definitions Used in Article.
Section 440.4105 - Additional Definitions.
Section 440.4106 - “Payable Through” and “Payable At” Explained; Bank as Collecting Bank.
Section 440.4107 - Bank Branch or Separate Office as Separate Bank.
Section 440.4108 - Time of Receipt of Items.
Section 440.4109 - Collecting Bank; Waiving, Modifying, or Extending Time Limits; Excuse for Delay.
Section 440.4110 - “Agreement for Electronic Presentment” Defined; Presentment Notice.
Section 440.4111 - Commencement of Action Under Article; Time Period.