§ 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 the 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 section 4—403(b) of this title for stop-payment orders, and must be received at such time and in such manner as to afford the bank a reasonable opportunity to act on it before the bank takes any action with respect to the check described in section 4—303 of this title. 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 section 4—402 of this title.
(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. (Added 1993, No. 158 (Adj. Sess.), § 13, eff. Jan. 1, 1995.)
Structure Vermont Statutes
Title 9A - Uniform Commercial Code
Article 4 - Bank Deposits and Collections
§ 4—103. Variation by agreement; measure of damages; action constituting ordinary care
§ 4—104. Definitions and index of definitions
§ 4—106. Payable through or payable at bank; collecting bank
§ 4—107. Separate office of bank
§ 4—108. Time of receipt of items
§ 4—110. Electronic presentment
§ 4—111. Statute of limitations
§ 4—202. Responsibility for collection or return; when action timely
§ 4—203. Effect of instructions
§ 4—204. Methods of sending and presenting; sending directly to payor bank
§ 4—205. Depositary bank holder of unindorsed item
§ 4—206. Transfer between banks
§ 4—208. Presentment warranties
§ 4—209. Encoding and retention warranties
§ 4—210. Security interest of collecting bank in items, accompanying documents and proceeds
§ 4—211. When bank gives value for purposes of holder in due course
§ 4—213. Medium and time of settlement by bank
§ 4—214. Right of charge-back or refund; liability of collecting bank; return of item
§ 4—216. Insolvency and preference
§ 4—302. Payor bank’s responsibility for late return of item
§ 4—401. When bank may charge customer’s account
§ 4—403. Customer’s right to stop payment; burden of proof of loss
§ 4—404. Bank not obliged to pay check more than six months old
§ 4—405. Death or incompetence of customer
§ 4—406. Customer’s duty to discover and report unauthorized signature or alteration
§ 4—407. Payor bank’s right to subrogation on improper payment
§ 4—502. Presentment of “on arrival” drafts
§ 4—504. Privilege of presenting bank to deal with goods; security interest for expenses