Sec. 4.212. PRESENTMENT BY NOTICE OF ITEM NOT PAYABLE BY, THROUGH OR AT A BANK; LIABILITY OF DRAWER OR INDORSER. (a) Unless otherwise instructed, a collecting bank may present an item not payable by, through, or at a bank by sending to the party to accept or pay a record providing notice that the bank holds the item for acceptance or payment. The notice must be sent in time to be received on or before the day when presentment is due, and the bank must meet any requirement of the party to accept or pay under Section 3.501 by the close of the bank's next banking day after it knows of the requirement.
(b) If presentment is made by notice and payment, acceptance, or request for compliance with a requirement under Section 3.501 is not received by the close of business on the day after maturity or, in the case of demand items, by the close of business on the third banking day after notice was sent, the presenting bank may treat the item as dishonored and charge any drawer or indorser by sending it notice of the facts.
Acts 1967, 60th Leg., p. 2343, ch. 785, Sec. 1, eff. Sept. 1, 1967. Renumbered from Sec. 4.210 and amended by Acts 1995, 74th Leg., ch. 921, Sec. 4, eff. Jan. 1, 1996.
Amended by:
Acts 2005, 79th Leg., Ch. 95 (S.B. 1563), Sec. 18, eff. September 1, 2005.
Structure Texas Statutes
Title 1 - Uniform Commercial Code
Chapter 4 - Bank Deposits and Collections
Subchapter B. Collection of Items: Depositary and Collecting Banks
Section 4.202. Responsibility for Collection or Return; When Action Timely
Section 4.203. Effect of Instructions
Section 4.204. Methods of Sending and Presenting; Sending Directly to Payor Bank
Section 4.205. Depository Bank Holder of Unindorsed Item
Section 4.206. Transfer Between Banks
Section 4.207. Transfer Warranties
Section 4.208. Presentment Warranties
Section 4.209. Encoding and Retention Warranties
Section 4.210. Security Interest of Collecting Bank in Items, Accompanying Documents and Proceeds
Section 4.211. When Bank Gives Value for Purposes of Holder in Due Course
Section 4.213. Medium and Time of Settlement by Bank
Section 4.214. Right of Charge-Back or Refund; Liability of Collecting Bank; Return of Item