Wisconsin Statutes & Annotations
Chapter 404 - Uniform commercial code — bank deposits and collections.
404.216 - Insolvency and preference.

404.216 Insolvency and preference.
(1) If an item is in or comes into the possession of a payer or collecting bank that suspends payment and the item has not been finally paid, the item must be returned by the receiver, trustee or agent in charge of the closed bank to the presenting bank or the closed bank's customer.
(2) If a payer bank finally pays an item and suspends payments without making a settlement for the item with its customer or the presenting bank which settlement is or becomes final, the owner of the item has a preferred claim against the payer bank.
(3) If a payer bank gives or a collecting bank gives or receives a provisional settlement for an item and thereafter suspends payments, the suspension does not prevent or interfere with the settlement's becoming final if the finality occurs automatically upon the lapse of certain time or the happening of certain events.
(4) If a collecting bank receives from subsequent parties settlement for an item, which settlement is or becomes final and the bank suspends payments without making a settlement for the item with its customer which settlement is or becomes final, the owner of the item has a preferred claim against the collecting bank.
History: 1995 a. 449 s. 60; Stats. 1995 s. 404.216.

Structure Wisconsin Statutes & Annotations

Wisconsin Statutes & Annotations

Chapter 404 - Uniform commercial code — bank deposits and collections.

404.102 - Applicability.

404.103 - Variation by agreement; measure of damages; action constituting ordinary care.

404.104 - Definitions and index of definitions.

404.105 - “ Bank"; “collecting bank"; “depository bank"; “intermediary bank"; “payer bank"; “presenting bank".

404.106 - Payable through or payable at bank; collecting bank.

404.107 - Separate office of a bank.

404.108 - Time of receipt of items.

404.109 - Delays.

404.110 - Electronic presentment.

404.111 - Statute of limitations.

404.201 - Status of collecting bank as agent and provisional status of credits; applicability of chapter; item endorsed “pay any bank".

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.

404.212 - Presentment by notice of item not payable by, through or at a bank; liability of drawer or endorser.

404.213 - Medium and time of settlement by bank.

404.214 - Right of charge-back or refund; liability of collecting bank; return of item.

404.215 - Final payment of item by payer bank; when provisional debits and credits become final; when certain credits become available for withdrawal.

404.216 - Insolvency and preference.

404.301 - Deferred posting; recovery of payment by return of items; time of dishonor; return of items by payer bank.

404.302 - Payer bank's responsibility for late return of item.

404.303 - When items subject to notice, stop-payment order, legal process or setoff; order in which items may be charged or certified.

404.401 - When bank may charge customer's account.

404.402 - Bank's liability to customer for wrongful dishonor; time of determining insufficiency of 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.

404.501 - Handling of documentary drafts; duty to send for presentment and to notify customer of dishonor.

404.502 - Presentment of “on arrival" drafts.

404.503 - Responsibility of presenting bank for documents and goods; report of reasons for dishonor; referee in case of need.

404.504 - Privilege of presenting bank to deal with goods; security interest for expenses.