West Virginia Code
Article 4. Bank Deposits and Collections
§46-4-210. Security Interest of Collecting Bank in Items, Accompanying Documents and Proceeds

(a) A collecting bank has a security interest in an item and any accompanying documents or the proceeds of either:
(1) In case of an item deposited in an account, to the extent to which credit given for the item has been withdrawn or applied;
(2) In case of an item for which it has given credit available for withdrawal as of right, to the extent of the credit given, whether or not the credit is drawn upon or there is a right of charge-back; or
(3) If it makes an advance on or against the item.
(b) If credit given for several items received at one time or pursuant to a single agreement is withdrawn or applied in part, the security interest remains upon all the items, any accompanying documents or the proceeds of either. For the purpose of this section, credits first given are first withdrawn.
(c) Receipt by a collecting bank of a final settlement for an item is a realization on its security interest in the item, accompanying documents and proceeds. So long as the bank does not receive final settlement for the item or give up possession of the item or possession or control of the accompanying documents for purposes other than collection, the security interest continues to that extent and is subject to article nine but:
(1) No security agreement is necessary to make the security interest enforceable (section 9-203(b)(3)(A));
(2) No filing is required to perfect the security interest; and
(3) The security interest has priority over conflicting perfected security interests in the item, accompanying documents or proceeds.

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