674.105
“Bank”; “depositary bank”; “payor bank”; “intermediary bank”; “collecting bank”; “presenting bank.”
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674.105 “Bank”; “depositary bank”; “payor bank”; “intermediary bank”; “collecting bank”; “presenting bank.”—In this chapter, the term:
(1) “Bank” means a person engaged in the business of banking, including a savings bank, savings and loan association, credit union, or trust company.
(2) “Depositary bank” means the first bank to take an item even though it is also the payor bank, unless the item is presented for immediate payment over the counter.
(3) “Payor bank” means a bank that is the drawee of a draft.
(4) “Intermediary bank” means a bank to which an item is transferred in course of collection except the depositary or payor bank.
(5) “Collecting bank” means a bank handling an item for collection except the payor bank.
(6) “Presenting bank” means a bank presenting an item except a payor bank.
History.—s. 1, ch. 65-254; s. 11, ch. 92-82.
Note.—s. 4-105, U.C.C.
Notes of Decisions
Cited in 9
cases, 1977–2002 · leading case: Gathercrest Ltd. v. First American Bank & Trust
Gathercrest Ltd. v. First American Bank & Trust (1985)
“PMS and subsequently Kwik Blast were listed as the drawee, the one to whom presentation is to be made according to the collection order.”
SCADIF, S.A. v. First Union National Bank (2002)
“Inasmuch as an item sent to a bank for collection is not presented to the bank for payment, by operation of the definitional provisions of section 674.105, Florida Statutes, a bank receiving a check for collection is not a payor bank, but rather a collecting bank.”
Capital City First Nat. Bank v. Lewis State Bank (1977)
“Nor is the question entirely answered by Lewis' reasoning that, since it was an "intermediary" and "collecting" bank in the statutory sense of any bank handling an item for collection except the depositary or the payor bank, § 674.105(3), (4), F.S. 1973, its proof and transit…”
First Union Nat. Bank v. First Fla. Bank, NA (1993)
“See § 674.105, Fla. Stat. (1985). We describe Union Bank as the presenting bank for the purposes of this opinion.”
Florida National Bank at Perry v. Citizens Bank of Perry (1985)
“Section 674.105(4), Florida Statutes (1981).”
Great Western Bank v. Steve James Ford, Inc. (1996)
“A collecting bank is required to seasonably notify its customer upon learning that a documentary draft has not been paid.”
Aprile v. Suncoast Schools Federal Credit Union (1992)
“See § 674.105, Fla. Stat. (1989). It therefore did not furnish the appellant with a statement reflecting Melvine’s transaction.”
Bufman Organization v. Federal Deposit Insurance (1996)
“Bufman’s first claim is meritless. Bank M did not owe a duty to use ordinary care in sending notice of dishonor under § 674.”
Aprile v. SUNCOAST SCH. FED. CREDIT UN. (1992)
“See § 674.105, Fla. Stat. (1989). It therefore did not furnish the appellant with a statement reflecting Melvine's transaction.”
— 674.105(2) — 2 cases
SCADIF, S.A. v. First Union National Bank (2002)
“Inasmuch as an item sent to a bank for collection is not presented to the bank for payment, by operation of the definitional provisions of section 674.105, Florida Statutes, a bank receiving a check for collection is not a payor bank, but rather a collecting bank.”
Gathercrest Ltd. v. First American Bank & Trust (1985)
“PMS and subsequently Kwik Blast were listed as the drawee, the one to whom presentation is to be made according to the collection order.”
— 674.105(3) — 2 cases
Capital City First Nat. Bank v. Lewis State Bank (1977)
“Nor is the question entirely answered by Lewis' reasoning that, since it was an "intermediary" and "collecting" bank in the statutory sense of any bank handling an item for collection except the depositary or the payor bank, § 674.105(3), (4), F.S. 1973, its proof and transit…”
Great Western Bank v. Steve James Ford, Inc. (1996)
“A collecting bank is required to seasonably notify its customer upon learning that a documentary draft has not been paid.”
— 674.105(4) — 3 cases
Gathercrest Ltd. v. First American Bank & Trust (1985)
“PMS and subsequently Kwik Blast were listed as the drawee, the one to whom presentation is to be made according to the collection order.”
Capital City First Nat. Bank v. Lewis State Bank (1977)
“Nor is the question entirely answered by Lewis' reasoning that, since it was an "intermediary" and "collecting" bank in the statutory sense of any bank handling an item for collection except the depositary or the payor bank, § 674.105(3), (4), F.S. 1973, its proof and transit…”
Florida National Bank at Perry v. Citizens Bank of Perry (1985)
“Section 674.105(4), Florida Statutes (1981).”
— 674.105(5) — 2 cases
SCADIF, S.A. v. First Union National Bank (2002)
“Inasmuch as an item sent to a bank for collection is not presented to the bank for payment, by operation of the definitional provisions of section 674.105, Florida Statutes, a bank receiving a check for collection is not a payor bank, but rather a collecting bank.”
Great Western Bank v. Steve James Ford, Inc. (1996)
“A collecting bank is required to seasonably notify its customer upon learning that a documentary draft has not been paid.”
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