25-4-303. When items subject to notice, stop-payment order, legal process, or setoff; order in which items may be charged or certified.
(a) Any knowledge, notice, or stop-payment order received by, legal process served upon, or setoff exercised by a payor bank comes too late to terminate, suspend, or modify the bank's right or duty to pay an item or to charge its customer's account for the item if the knowledge, notice, stop-payment order, or legal process is received or served and a reasonable time for the bank to act thereon expires or the setoff is exercised after the earliest of the following:
(1) The bank accepts or certifies the item;
(2) The bank pays the item in cash;
(3) The bank settles for the item without having a right to revoke the settlement under statute, clearing-house rule, or agreement;
(4) The bank becomes accountable for the amount of the item under G.S. 25-4-302 dealing with the payor bank's responsibility for late return of item; or
(5) With respect to checks, a cutoff hour no earlier than one hour after the opening of the next banking day after the banking day on which the bank received the check and no later than the close of that next banking day or, if no cutoff hour is fixed, the close of the next banking day after the banking day on which the bank received the check.
(b) Subject to subsection (a) of this section, items may be accepted, paid, certified or charged to the indicated account of its customer in any order. (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.