(a) Agency status of bank and provisional status of settlement.--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 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of indorsement and even though credit given for the item is subject to immediate withdrawal as of right or is in fact withdrawn; but the continuance of ownership of an item by its owner and any rights of the owner to proceeds of the item are subject to rights of a collecting bank, such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 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 division apply even though action of the parties clearly establishes that a particular bank has purchased the item and is the owner of it.
(b) Effect of "pay any bank" indorsement.--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.
(July 9, 1992, P.L.507, No.97, eff. one year)
Cross References. Section 4201 is referred to in section 3206 of this title.
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Chapter 42 - Collection of Items: Depositary and Collecting Banks
Section 4202 - Responsibility for collection or return; when action timely
Section 4203 - Effect of instructions
Section 4204 - Methods of sending and presenting; sending directly to payor bank
Section 4205 - Depositary bank holder of unindorsed item
Section 4206 - Transfer between banks
Section 4207 - Transfer warranties
Section 4208 - Presentment warranties
Section 4209 - Encoding and retention warranties
Section 4210 - Security interest of collecting bank in items, accompanying documents and proceeds
Section 4211 - When bank gives value for purposes of holder in due course
Section 4213 - Medium and time of settlement by bank
Section 4214 - Right of charge-back or refund; liability of collecting bank; return of item