404.205 Depositary bank holder of unendorsed item. If a customer delivers an item to a depositary bank for collection, all of the following apply:
(1) The depositary bank becomes a holder of the item at the time that it receives the item for collection if the customer at the time of delivery was a holder of the item, whether or not the customer endorses the item, and, if the bank satisfies the other requirements of s. 403.302, it is a holder in due course.
(2) The depositary bank warrants to collecting banks, the payer bank or other payer and the drawer that the amount of the item was paid to the customer or deposited to the customer's account.
History: 1995 a. 449.
The general rule is that accepting a check when the payee's endorsement is missing is not in accordance with the reasonable commercial standards of banking and the acceptance by a depositary bank of such a check for deposit is commercially unreasonable as a matter of law. This section excepts from the general rule depositary banks that receive unendorsed checks from customers when the missing endorsement is that of the customer. Schmitz v. Firstar Bank Milwaukee, 2003 WI 83, 262 Wis. 2d 672, 664 N.W.2d 594, 01-2139.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 404 - Uniform commercial code — bank deposits and collections.
404.103 - Variation by agreement; measure of damages; action constituting ordinary care.
404.104 - Definitions and index of definitions.
404.106 - Payable through or payable at bank; collecting bank.
404.107 - Separate office of a bank.
404.108 - Time of receipt of items.
404.110 - Electronic presentment.
404.111 - Statute of limitations.
404.202 - Responsibility for collection or return; when action timely.
404.203 - Effect of instructions.
404.204 - Methods of sending and presenting; sending directly to payer bank.
404.205 - Depositary bank holder of unendorsed item.
404.206 - Transfer between banks.
404.207 - Transfer warranties.
404.208 - Presentment warranties.
404.209 - Encoding and retention warranties.
404.210 - Security interest of collecting bank in items, accompanying documents and proceeds.
404.211 - When bank gives value for purposes of holder in due course.
404.213 - Medium and time of settlement by bank.
404.214 - Right of charge-back or refund; liability of collecting bank; return of item.
404.216 - Insolvency and preference.
404.302 - Payer bank's responsibility for late return of item.
404.401 - When bank may charge customer's account.
404.403 - Customer's right to stop payment; burden of proof of loss.
404.404 - Bank not obligated to pay check more than 6 months old.
404.405 - Death or incompetence of customer.
404.406 - Customer's duty to discover and report unauthorized signature or alteration.
404.407 - Payer bank's right to subrogation on improper payment.
404.502 - Presentment of “on arrival" drafts.
404.504 - Privilege of presenting bank to deal with goods; security interest for expenses.