West Virginia Code
Article 4. Bank Deposits and Collections
§46-4-109. Delays

(a) Unless otherwise instructed, a collecting bank in a good faith effort to secure payment of a specific item drawn on a payor other than a bank, and with or without the approval of any person involved, may waive, modify or extend time limits imposed or permitted by this chapter for a period not exceeding two additional banking days without discharge of drawers or indorsers or liability to its transferor or a prior party.
(b) Delay by a collecting bank or payor bank beyond time limits prescribed or permitted by this chapter or by instruction is excused if (i) the delay is caused by interruption of communication or computer facilities, suspension of payments by another bank, war, emergency conditions, failure of equipment or other circumstances beyond the control of the bank and (ii) the bank exercises such diligence as the circumstances require.

Structure West Virginia Code

West Virginia Code

Chapter 46. Uniform Commercial Code

Article 4. Bank Deposits and Collections

§46-4-101. Short Title

§46-4-102. Applicability

§46-4-103. Variation by Agreement; Measure of Damages; Action Constituting Ordinary Care

§46-4–104. Definitions and Index of Definitions

§46-4-105. "Bank"; &Quot;depositary Bank"; &Quot;intermediary Bank"; &Quot;collecting Bank"; &Quot;payor Bank"; &Quot;presenting bank."

§46-4-106. Payable Through or Payable at Bank; Collecting Bank

§46-4-107. Separate Office of a Bank

§46-4-108. Time of Receipt of Items

§46-4-109. Delays

§46-4-110. Electronic Presentment

§46-4-111. Statute of Limitations

§46-4-201. Status of Collecting Banks as Agent and Provisional Status of Credits; Applicability of Article; Item Indorsed &Quot;pay Any bank."

§46-4-202. Responsibility for Collection or Return; When Action Timely

§46-4-203. Effect of Instructions

§46-4-204. Methods of Sending and Presenting; Sending Directly to Payor Bank

§46-4-205. Depositary Bank Holder of Unindorsed Item

§46-4-206. Transfer Between Banks

§46-4-207. Transfer Warranties

§46-4-208. Presentment Warranties

§46-4-209. Encoding and Retention Warranties

§46-4-210. Security Interest of Collecting Bank in Items, Accompanying Documents and Proceeds

§46-4-211. When Bank Gives Value for Purposes of Holder in Due Course

§46-4-212. Presentment by Notice of Item Not Payable By, Through or at a Bank; Liability of Drawer or Indorser

§46-4-213. Medium and Time of Settlement by Bank

§46-4-214. Right of Charge-Back or Refund; Liability of Collecting Bank; Return of Item

§46-4-215. Final Payment of Item by Payor Bank; When Provisional Debits and Credits Become Final; When Certain Credits Become Available for Withdrawal

§46-4-216. Insolvency and Preference

§46-4-301. Deferred Posting; Recovery of Payment by Return of Items; Time of Dishonor; Return of Items by Payor Bank

§46-4-302. Payor Bank's Responsibility for Late Return of Item

§46-4-303. When Items Subject to Notice, Stop-Payment Order, Legal Process, or Setoff; Order in Which Items May Be Charged or Certified

§46-4-401. When Bank May Charge Customer's Account

§46-4-402. Bank's Liability to Customer for Wrongful Dishonor; Time of Determining Insufficiency of Account

§46-4-403. Customer's Right to Stop Payment; Burden of Proof of Loss

§46-4-404. Bank Not Obligated to Pay Check More Than Six Months Old

§46-4-405. Death or Incompetence of Customer

§46-4-406. Customer's Duty to Discover and Report Unauthorized Signature or Alteration

§46-4-407. Payor Bank's Right to Subrogation on Improper Payment

§46-4-501. Handling of Documentary Drafts; Duty to Send for Presentment and to Notify Customer of Dishonor

§46-4-502. Presentment of &Quot;on Arrival" Drafts

§46-4-503. Responsibility of Presenting Bank for Documents and Goods; Report of Reasons for Dishonor; Referee in Case of Need

§46-4-504. Privilege of Presenting Bank to Deal With Goods; Security Interest for Expenses