South Dakota Codified Laws
Chapter 04 - Bank Deposits And Collections
Section 57A-4-104 - Definitions and index of definitions.

57A-4-104. Definitions and index of definitions.
(a) In this chapter, unless the context otherwise requires:
(1)"Account" means any deposit or credit account with a bank, including a demand, time, savings, passbook, share draft, or like account, other than an account evidenced by a certificate of deposit;
(2)"Afternoon" means the period of a day between noon and midnight;
(3)"Banking day" means the part of a day on which a bank is open to the public for carrying on substantially all of its banking functions;
(4)"Clearing house" means an association of banks or other payors regularly clearing items;
(5)"Customer" means a person having an account with a bank or for whom a bank has agreed to collect items, including a bank that maintains an account at another bank;
(6)"Documentary draft" means a draft to be presented for acceptance or payment if specified documents, certificated securities (§57A-8-102) or instructions for uncertificated securities (§57A-8-102), or other certificates, statements, or the like are to be received by the drawee or other payor before acceptance or payment of the draft;
(7)"Draft" means a draft as defined in §57A-3-104 or an item, other than an instrument, that is an order;
(8)"Drawee" means a person ordered in a draft to make payment;
(9)"Item" means an instrument or a promise or order to pay money handled by a bank for collection or payment. The term does not include a payment order governed by chapter 57A-4A or a credit or debit card slip;
(10)"Midnight deadline" with respect to a bank is midnight on its next banking day following the banking day on which it receives the relevant item or notice or from which the time for taking action commences to run, whichever is later;
(11)"Settle" means to pay in cash, by clearing-house settlement, in a charge or credit or by remittance, or otherwise as agreed. A settlement may be either provisional or final;
(12)"Suspends payments" with respect to a bank means that it has been closed by order of the supervisory authorities, that a public officer has been appointed to take it over, or that it ceases or refuses to make payments in the ordinary course of business.
(b) Other definitions applying to this chapter and the sections in which they appear are:
"Agreement for electronic presentment" §57A-4-110
"Bank" §57A-4-105
"Collecting bank" §57A-4-105
"Depository bank" §57A-4-105
"Intermediary bank" §57A-4-105
"Payor bank" §57A-4-105
"Presenting bank" §57A-4-105
"Presentment notice" §57A-4-110
(c) The following definitions in other chapters apply to this chapter:
"Acceptance" §57A-3-409
"Alteration" §57A-3-407
"Cashier's check" §57A-3-104
"Certificate of deposit" §57A-3-104
"Certified check" §57A-3-409
"Check" §57A-3-104
"Control" §57A-7-106
"Holder in due course" §57A-3-302
"Instrument" §57A-3-104
"Notice of dishonor" §57A-3-503
"Order" §57A-3-103

"Ordinary care" §57A-3-103
"Person entitled to enforce" §57A-3-301
"Presentment" §57A-3-501
"Promise" §57A-3-103
"Prove" §57A-3-103
"Teller's check" §57A-3-104
"Unauthorized signature" §57A-3-403
(d) In addition, chapter 57A-1 contains general definitions and principles of construction and interpretation applicable throughout this chapter.

Source: SL 1994, ch 368, §4-104; SL 1998, ch 284, §18; SL 2008, ch 259, §36; SL 2009, ch 254, §821.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 57A - Uniform Commercial Code

Chapter 04 - Bank Deposits And Collections

Section 57A-4-101 - Short title.

Section 57A-4-102 - Applicability.

Section 57A-4-103 - Variation by agreement--Measure of damages--Certain action constituting ordinary care.

Section 57A-4-104 - Definitions and index of definitions.

Section 57A-4-105 - "Bank"--"Collecting bank"--"Depositary bank"--"Intermediary bank"--"Payor bank"--"Presenting bank".

Section 57A-4-106 - Payable through or payable at bank--Collecting bank.

Section 57A-4-107 - Separate office of a bank.

Section 57A-4-108 - Time of receipt of items.

Section 57A-4-109 - Delays.

Section 57A-4-110 - Electronic presentment.

Section 57A-4-111 - Statute of limitations.

Section 57A-4-201 - Status of collecting bank as agent and provisional status of credits--Applicability of chapter--Item indorsed "pay any bank".

Section 57A-4-202 - Responsibility for collection or return--When action timely.

Section 57A-4-203 - Effect of instructions.

Section 57A-4-204 - Methods of sending and presenting--Sending directly to payor bank.

Section 57A-4-205 - Depositary bank holder of unendorsed item.

Section 57A-4-206 - Transfer between banks.

Section 57A-4-207 - Transfer warranties.

Section 57A-4-208 - Presentment warranties.

Section 57A-4-209 - Encoding and retention warranties.

Section 57A-4-210 - Security interest of collecting bank in items, accompanying documents, and proceeds.

Section 57A-4-211 - When bank gives value for purposes of holder in due course.

Section 57A-4-212 - Presentment by notice of item not payable by, through, or at a bank--Liability of drawer or indorser.

Section 57A-4-213 - Medium and time of settlement by bank.

Section 57A-4-214 - Right of charge-back or refund; Liability of collecting bank; Return of item.

Section 57A-4-215 - Final payment of item by payor bank--When provisional debits and credits become final--When certain credits become available for withdrawal.

Section 57A-4-216 - Insolvency and preference.

Section 57A-4-301 - Deferred posting--Recovery of payment by return of items--Time of dishonor--Return of items by payor bank.

Section 57A-4-302 - Payor bank's responsibility for late return of item.

Section 57A-4-303 - When items subject to notice, stop-payment order, legal process, or setoff--Order in which items may be charged or certified.

Section 57A-4-401 - When bank may charge customer's account.

Section 57A-4-402 - Bank's liability to customer for wrongful dishonor--Time of determining insufficiency of account.

Section 57A-4-403 - Customer's right to stop payment--Burden of proof of loss.

Section 57A-4-404 - Bank not obligated to pay check more than six months old.

Section 57A-4-405 - Death or incompetence of customer.

Section 57A-4-406 - Customer's duty to discover and report unauthorized signature or alteration.

Section 57A-4-407 - Payor bank's right to subrogation on improper payment.

Section 57A-4-501 - Handling of documentary drafts; Duty to send for presentment and to notify customer of dishonor.

Section 57A-4-502 - Presentment of "on arrival" drafts.

Section 57A-4-503 - Responsibility of presenting bank for documents and goods--Report of reasons for dishonor--Referee in case of need.

Section 57A-4-504 - Privilege of presenting bank to deal with goods--Security interest for expenses.