(1) Unless a contrary intent clearly appears and prior to the time
that a settlement given by a collecting bank for an item is or becomes
final (subsection (3) of Section 4--211 and Sections 4--212 and 4--213)
the bank is an agent or sub-agent of the owner of the item and any
settlement given for the item is provisional. This provision applies
regardless of the form of indorsement or lack of indorsement and even
though credit given for the item is subject to immediate withdrawal as
of right or is in fact withdrawn; but the continuance of ownership of an
item by its owner and any rights of the owner to proceeds of the item
are subject to rights of a collecting bank such as those resulting from
outstanding advances on the item and valid rights of setoff. When an
item is handled by banks for purposes of presentment, payment and
collection, the relevant provisions of this Article apply even though
action of parties clearly establishes that a particular bank has
purchased the item and is the owner of it.
(2) After an item has been indorsed with the words "pay any bank" or
the like, only a bank may acquire the rights of a holder
(a) until the item has been returned to the customer initiating
collection; or
(b) until the item has been specially indorsed by a bank to a
person who is not a bank.
Structure New York Laws
Article 4 - Bank Deposits and Collections
Part 2 - Collection of Items: Depositary and Collecting Banks
4-202 - Responsibility for Collection; When Action Seasonable.
4-203 - Effect of Instructions.
4-204 - Methods of Sending and Presenting; Sending Direct to Payor Bank.
4-205 - Supplying Missing Indorsement; No Notice From Prior Indorsement.
4-206 - Transfer Between Banks.
4-208 - Security Interest of Collecting Bank in Items, Accompanying Documents and Proceeds.
4-209 - When Bank Gives Value for Purposes of Holder in Due Course.
4-211 - Media of Remittance; Provisional and Final Settlement in Remittance Cases.