30-4-210. Presentment by notice of item not payable by, through, or at a bank -- liability of secondary parties. (1) Unless otherwise instructed, a collecting bank may present an item not payable by, through, or at a bank by sending to the party to accept or pay a written notice that the bank holds the item for acceptance or payment. The notice must be sent in time to be received on or before the day when presentment is due and the bank must meet any requirement of the party to accept or pay under 30-3-504 by the close of the bank's next banking day after it knows of the requirement.
(2) If presentment is made by notice and neither payment, acceptance, nor request for compliance with a requirement under 30-3-504 is received by the close of business on the day after maturity or in the case of demand items by the close of business on the third banking day after notice was sent, the presenting bank may treat the item as dishonored and charge any secondary party by sending it notice of the facts.
History: En. Sec. 4-210, Ch. 264, L. 1963; R.C.M. 1947, 87A-4-210; amd. Sec. 175, Ch. 410, L. 1991.
Structure Montana Code Annotated
Chapter 4. Uniform Commercial Code Bank Deposits and Collections
Part 2. Collection of Items Depositary and Collecting Banks
30-4-202. Responsibility for collection or return -- when action timely
30-4-203. Effect of instructions
30-4-204. Methods of sending and presenting -- sending directly to payor bank
30-4-205. Depositary bank holder of unindorsed item
30-4-206. Transfer between banks
30-4-208. Security interest of collecting bank in items, accompanying documents, and proceeds
30-4-209. When bank gives value for purposes of holder in due course
30-4-211. Medium and time of settlement by bank
30-4-212. Right of charge-back or refund -- liability of collecting bank -- return of item
30-4-214. Insolvency and preference