Unless otherwise instructed and except as provided in article five a bank presenting a documentary draft:
(1) Must deliver the documents to the drawee on acceptance of the draft if it is payable more than three days after presentment; otherwise, only on payment; and
(2) Upon dishonor, either in the case of presentment for acceptance or presentment for payment, may seek and follow instructions from any referee in case of need designated in the draft or, if the presenting bank does not choose to utilize the referee's services, it must use diligence and good faith to ascertain the reason for dishonor, must notify its transferor of the dishonor and of the results of its effort to ascertain the reasons therefor and must request instructions.
However, the presenting bank is under no obligation with respect to goods represented by the documents except to follow any reasonable instructions seasonably received; it has a right to reimbursement for any expense incurred in following instructions and to prepayment of or indemnity for those expenses.
Structure West Virginia Code
Chapter 46. Uniform Commercial Code
Article 4. Bank Deposits and Collections
§46-4-103. Variation by Agreement; Measure of Damages; Action Constituting Ordinary Care
§46-4–104. Definitions and Index of Definitions
§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
§46-4-110. Electronic Presentment
§46-4-111. Statute of Limitations
§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
§46-4-213. Medium and Time of Settlement by Bank
§46-4-214. Right of Charge-Back or Refund; Liability of Collecting Bank; Return of Item
§46-4-216. Insolvency and Preference
§46-4-302. Payor Bank's Responsibility for Late Return of Item
§46-4-401. When Bank May Charge Customer's 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
§46-4-502. Presentment of &Quot;on Arrival" Drafts
§46-4-504. Privilege of Presenting Bank to Deal With Goods; Security Interest for Expenses