North Carolina General Statutes
Article 4 - Bank Deposits and Collections.
§ 25-4-401 - When bank may charge customer's account.

25-4-401. When bank may charge customer's account.
(a) A bank may charge against the account of a customer an item that is properly payable from that account even though the charge creates an overdraft. An item is properly payable if it is authorized by the customer and is in accordance with any agreement between the customer and bank.
(b) A customer is not liable for the amount of an overdraft if the customer neither signed the item nor benefited from the proceeds of the item.
(c) A bank may charge against the account of a customer a check that is otherwise properly payable from the account, even though payment was made before the date of the check, unless the customer has given notice to the bank of the postdating describing the check with reasonable certainty. The notice is effective for the period stated in G.S. 25-4-403(b) for stop-payment orders, and must be received at a time and in a manner that afforded the bank a reasonable opportunity to act on it before the bank takes any action with respect to the check described in G.S. 25-4-303. If a bank charges against the account of a customer a check before the date stated in the notice of postdating, the bank is liable for damages for the loss resulting from its act. The loss may include damages for dishonor of subsequent items under G.S. 25-4-402.
(d) A bank that in good faith makes payment to a holder may charge the indicated account of its customer according to:
(1) The original terms of the altered item; or
(2) The terms of the completed item, even though the bank knows the item has been completed unless the bank has notice that the completion was improper. (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.

§ 25-4-101 - Short title.

§ 25-4-102 - Applicability.

§ 25-4-103 - Variation by agreement; measure of damages; action constituting ordinary care.

§ 25-4-104 - Definitions and index of definitions.

§ 25-4-105 - "Bank"; "depositary bank"; "intermediary bank"; "collecting bank"; "payor bank"; "presenting bank".

§ 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.

§ 25-4-108 - Delays.

§ 25-4-110 - Electronic presentment.

§ 25-4-111 - Statute of limitations.

§ 25-4-201 - Status of collecting bank as agent and provisional status of credits; applicability of Article; item indorsed "pay any bank".

§ 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.

§ 25-4-210 - Presentment by notice of item not payable by, through, or at a bank; liability of drawer or indorser.

§ 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.

§ 25-4-213 - Final payment of item by payor bank; when provisional debits and credits become final; when certain credits become available for withdrawal.

§ 25-4-214 - Insolvency and preference.

§ 25-4-301 - Deferred posting; recovery of payment by return of items; time of dishonor; return of items by payor bank.

§ 25-4-302 - Payor bank's responsibility for late return of item.

§ 25-4-303 - When items subject to notice, stop-payment order, legal process, or setoff; order in which items may be charged or certified.

§ 25-4-401 - When bank may charge customer's account.

§ 25-4-402 - Bank's liability to customer for wrongful dishonor; time of determining insufficiency of 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.

§ 25-4-501 - Handling of documentary drafts; duty to send for presentment and to notify customer of dishonor.

§ 25-4-502 - Presentment of "on arrival" drafts.

§ 25-4-503 - Responsibility of presenting bank for documents and goods; report of reasons for dishonor; referee in case of need.

§ 25-4-504 - Privilege of presenting bank to deal with goods; security interest for expenses.