Sec. 4216.
(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.
(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.
(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.
History: Add. 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)
174-1962-4-2 - Part 2 Collection of Items: Depositary and Collecting Banks (440.4201...440.4216)
Section 440.4202 - Collecting Bank; Duties; Exercising Ordinary Care; Liability.
Section 440.4203 - Collecting Bank; Instructions From Transferor.
Section 440.4204 - Collecting Bank; Methods of Sending Items; Presentment.
Section 440.4205 - Depositary Bank; Item Delivered by Customer for Collection.
Section 440.4206 - Transfer Between Banks.
Section 440.4211 - Bank With Security Interest as Holder in Due Course.
Section 440.4213 - Settlement; Medium and Time.
Section 440.4214 - Right to Charge-Back or Refund.
Section 440.4216 - Payor or Collecting Bank; Suspension of Payments.