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810 ILCS 5/4-104

Definitions and index of definitions

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(810 ILCS 5/4-104) (from Ch. 26, par. 4-104)
    Sec. 4-104. Definitions and index of definitions.
    (a) In this Article, unless the context otherwise requires:
        (1) "Account" means any deposit or credit account
    
with a bank, including a demand, time, savings, passbook, share draft, or like account, other than an account evidenced by a certificate of deposit;
        (2) "Afternoon" means the period of a day between
    
noon and midnight;
        (3) "Banking day" means the part of a day on which a
    
bank is open to the public for carrying on substantially all of its banking functions, except that any day that is not a banking day for purposes of Federal Reserve Regulation CC (as may be amended from time to time) shall not be a banking day for purposes of this Article or Article 3;
        (4) "Clearing house" means an association of banks or
    
other payors regularly clearing items;
        (5) "Customer" means a person having an account with
    
a bank or for whom a bank has agreed to collect items, including a bank that maintains an account at another bank;
        (6) "Documentary draft" means a draft to be presented
    
for acceptance or payment if specified documents, certificated securities (Section 8-102) or instructions for uncertificated securities (Section 8-102), or other certificates, statements, or the like are to be received by the drawee or other payor before acceptance or payment of the draft;
        (7) "Draft" means a draft as defined in Section 3-104
    
or an item, other than an instrument, that is an order;
        (8) "Drawee" means a person ordered in a draft to
    
make payment;
        (9) "Item" means an instrument or a promise or order
    
to pay money handled by a bank for collection or payment. The term does not include a payment order governed by Article 4A or a credit or debit card slip;
        (10) "Midnight deadline" with respect to a bank is
    
midnight on its next banking day following the banking day on which it receives the relevant item or notice or from which the time for taking action commences to run, whichever is later;
        (11) "Settle" means to pay in cash, by clearing-house
    
settlement, in a charge or credit or by remittance, or otherwise as agreed. A settlement may be either provisional or final;
        (12) "Suspends payments" with respect to a bank means
    
that it has been closed by order of the supervisory authorities, that a public officer has been appointed to take it over, or that it ceases or refuses to make payments in the ordinary course of business.
    (b) Other definitions applying to this Article and the Sections in which they appear are:
        "Agreement for electronic
            presentment"Section 4-110.
        "Bank"Section 4-105.
        "Collecting bank"Section 4-105.
        "Depositary bank"Section 4-105.
        "Intermediary bank"Section 4-105.
        "Payor bank"Section 4-105.
        "Presenting bank"Section 4-105.
        "Presentment notice"Section 4-110.
    (c) "Control" as provided in Section 7-106 and the following definitions in other Articles apply to this Article:
        "Acceptance"Section 3-409.
        "Alteration"Section 3-407.
        "Cashier's check"Section 3-104.
        "Certificate of deposit"Section 3-104.
        "Certified check"Section 3-409.
        "Check"Section 3-104.
        "Good faith"Section 3-103.
        "Holder in due course"Section 3-302.
        "Instrument"Section 3-104.
        "Notice of dishonor"Section 3-503.
        "Order"Section 3-103.
        "Ordinary care"Section 3-103.
        "Person entitled to enforce"Section 3-301.
        "Presentment"Section 3-501.
        "Promise"Section 3-103.
        "Prove"Section 3-103.
        "Teller's check"Section 3-104.
        "Unauthorized signature"Section 3-403.
    (d) In addition Article 1 contains general definitions and principles of construction and interpretation applicable throughout this Article.
(Source: P.A. 95-895, eff. 1-1-09.)

    
Notes of Decisions
Cited in 10 cases, 1996–2011 · leading case: Newell v. Newell
Sort: Relevance Newest Treatment
Newell v. Newell (2011) illappct · cites it 3× “Section 4-111 of the UCC states: "An action to enforce an obligation, duty or right arising under this Article must be commenced within 3 years after the cause of action accrues.”
Schulte v. Fifth Third Bank (2011) ilnd “” 810 ILCS 5/4-104(9) (UCC § 4-104(9)). Paragraph 7 of the Official Comments to 810 ILCS 5/4-303 (UCC § 4-303) provides the rationale for allowing banks to pay “items” in any order: As between one item and another no priority rule is stated.”
Oak Brook Bank v. Northern Trust Company (2001) ca7 “UCC §§ 4-104(a)(10), 4-302(a)(l), 810 ILCS 5/4-104(a)(10), 302(a)(1). Northern missed this deadline, for remember that it received the checks on February 11 but didn’t dispatch them to the Federal Reserve Bank until the thirteenth.”
Clausen Miller, P.C. v. Citibank, N.A. (2010) ilnd “” 810 ILCS 5/4-104(a)(10). Section 104(a)(3) defines “banking day” as “the part of a day on which a bank is open to the public for carrying on substantially all of its banking functions.”
Johnson v. First Banks, Inc. (2008) illappct · cites it 3× “" 810 ILCS 5/4-104(a)(5) (W est 2004). Accordingly, pursuant to the plain language of the Code, the plaintiff, who does not have an account with the defendant, is not a "customer" and therefore lacks standing to pursue a cause of action against the defendant for a wrongful…”
Newell v. Newell (2011) illappct · cites it 3× “Section 4-111 of the UCC states: "An action to enforce an obligation, duty or right arising under this Article must be commenced within 3 years after the cause of action accrues.”
Kronemeyer v. U.S. Bank National Assoc. (2006) illappct · cites it 2× “" 810 ILCS 5/4-104(a)(5) (West 3 2004). Section 4-402(b) confers no cause of action on the holder of an allegedly dishonored item.”
Oak Brook Bank v. Northern Trust Co (2001) ca7 “4-104 (a)(10), 4- 302(a)(1), 810 ILCS 5/4-104(a)(10), 302(a)(1). Northern missed this deadline, for remember that it received the checks on February 11 but didn’t dispatch them to the Federal Reserve Bank until the thirteenth.”
Continental Casualty Co. v. American National Bank & Trust Co. (2002) illappct “" 810 ILCS 5/4-104 (3) ( West 1994 ). 3: The "MICR" (magnetic ink character recognition) line is a line on the bottom of the check composed of coded characters representing: the amount of the check, transaction code, drawee-payor bank's federal reserve and transit numbers, and…”
Bell Federal Savings & Loan v. Wagner (1996) illappct “" 810 ILCS 5/4-104(a)(1) (1994). A bank deposit is defined as "cash, checks, or drafts placed with a bank for credit to the depositor's account.”
— 810 ILCS 5/4-104(9) — 1 case
Schulte v. Fifth Third Bank (2011) ilnd “” 810 ILCS 5/4-104(9) (UCC § 4-104(9)). Paragraph 7 of the Official Comments to 810 ILCS 5/4-303 (UCC § 4-303) provides the rationale for allowing banks to pay “items” in any order: As between one item and another no priority rule is stated.”
— 810 ILCS 5/4-104(a) — 2 cases
Newell v. Newell (2011) illappct “Section 4-111 of the UCC states: "An action to enforce an obligation, duty or right arising under this Article must be commenced within 3 years after the cause of action accrues.”
Newell v. Newell (2011) illappct “Section 4-111 of the UCC states: "An action to enforce an obligation, duty or right arising under this Article must be commenced within 3 years after the cause of action accrues.”
— 810 ILCS 5/4-104(a)(1) — 3 cases
Newell v. Newell (2011) illappct “Section 4-111 of the UCC states: "An action to enforce an obligation, duty or right arising under this Article must be commenced within 3 years after the cause of action accrues.”
Newell v. Newell (2011) illappct “Section 4-111 of the UCC states: "An action to enforce an obligation, duty or right arising under this Article must be commenced within 3 years after the cause of action accrues.”
Bell Federal Savings & Loan v. Wagner (1996) illappct “" 810 ILCS 5/4-104(a)(1) (1994). A bank deposit is defined as "cash, checks, or drafts placed with a bank for credit to the depositor's account.”
— 810 ILCS 5/4-104(a)(10) — 3 cases
Oak Brook Bank v. Northern Trust Company (2001) ca7 “UCC §§ 4-104(a)(10), 4-302(a)(l), 810 ILCS 5/4-104(a)(10), 302(a)(1). Northern missed this deadline, for remember that it received the checks on February 11 but didn’t dispatch them to the Federal Reserve Bank until the thirteenth.”
Clausen Miller, P.C. v. Citibank, N.A. (2010) ilnd “” 810 ILCS 5/4-104(a)(10). Section 104(a)(3) defines “banking day” as “the part of a day on which a bank is open to the public for carrying on substantially all of its banking functions.”
Oak Brook Bank v. Northern Trust Co (2001) ca7 “4-104 (a)(10), 4- 302(a)(1), 810 ILCS 5/4-104(a)(10), 302(a)(1). Northern missed this deadline, for remember that it received the checks on February 11 but didn’t dispatch them to the Federal Reserve Bank until the thirteenth.”
— 810 ILCS 5/4-104(a)(5) — 2 cases
Johnson v. First Banks, Inc. (2008) illappct “" 810 ILCS 5/4-104(a)(5) (W est 2004). Accordingly, pursuant to the plain language of the Code, the plaintiff, who does not have an account with the defendant, is not a "customer" and therefore lacks standing to pursue a cause of action against the defendant for a wrongful…”
Kronemeyer v. U.S. Bank National Assoc. (2006) illappct “" 810 ILCS 5/4-104(a)(5) (West 3 2004). Section 4-402(b) confers no cause of action on the holder of an allegedly dishonored item.”
— 810 ILCS 5/4-104(a)(9) — 2 cases
Newell v. Newell (2011) illappct “Section 4-111 of the UCC states: "An action to enforce an obligation, duty or right arising under this Article must be commenced within 3 years after the cause of action accrues.”
Newell v. Newell (2011) illappct “Section 4-111 of the UCC states: "An action to enforce an obligation, duty or right arising under this Article must be commenced within 3 years after the cause of action accrues.”
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