25-4-201. Status of collecting bank as agent and provisional status of credits; applicability of Article; item indorsed "pay any bank".
(a) Unless a contrary intent clearly appears and before the time that a settlement given by a collecting bank for an item is or becomes final, the bank, with respect to the item, is an agent or subagent 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 or indorsement and even though credit given for the item is subject to immediate withdrawal as of right or is in fact withdrawn; but the continuance of ownership of an item by its owner and any rights of the owner to proceeds of the item are subject to rights of a collecting bank, such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 rights of recoupment or setoff. If an item is handled by banks for purposes of presentment, payment, collection, or return, the relevant provisions of this Article apply even though action of the parties clearly establishes that a particular bank has purchased the item and is the owner of it.
(b) 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 until the item has been:
(1) Returned to the customer initiating collection; or
(2) Specially indorsed by a bank to a person who is not a bank. (1965, c. 700, s. 1; 1995, c. 232, s. 2.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 25 - Uniform Commercial Code
Article 4 - Bank Deposits and Collections.
§ 25-4-103 - Variation by agreement; measure of damages; action constituting ordinary care.
§ 25-4-104 - Definitions and index of definitions.
§ 25-4-105.1 - Payable through or payable at bank; collecting bank.
§ 25-4-106 - Separate office of a bank.
§ 25-4-107 - Time of receipt of items.
§ 25-4-110 - Electronic presentment.
§ 25-4-111 - Statute of limitations.
§ 25-4-202 - Responsibility for collection or return; when action timely.
§ 25-4-203 - Effect of instructions.
§ 25-4-204 - Methods of sending and presenting; sending directly to payor.
§ 25-4-205 - Depositary bank holder of unindorsed item.
§ 25-4-206 - Transfer between banks.
§ 25-4-207 - Transfer warranties.
§ 25-4-207.1 - Presentment warranties.
§ 25-4-207.2 - Encoding and retention warranties.
§ 25-4-208 - Security interest of collecting bank in items, accompanying documents and proceeds.
§ 25-4-209 - When bank gives value for purposes of holder in due course.
§ 25-4-211 - Medium and time of settlement by bank.
§ 25-4-212 - Right of charge-back or refund; liability of collecting bank; return of item.
§ 25-4-214 - Insolvency and preference.
§ 25-4-302 - Payor bank's responsibility for late return of item.
§ 25-4-401 - When bank may charge customer's account.
§ 25-4-403 - Customer's right to stop payment; burden of proof of loss.
§ 25-4-404 - Bank not obligated to pay check more than six months old.
§ 25-4-405 - Death or incompetence of customer.
§ 25-4-406 - Customer's duty to discover and report unauthorized signature or alteration.
§ 25-4-407 - Payor bank's right to subrogation on improper payment.
§ 25-4-502 - Presentment of "on arrival" drafts.
§ 25-4-504 - Privilege of presenting bank to deal with goods; security interest for expenses.