Illinois Compiled Statutes
810 ILCS 5/4-105 (2026)
"Bank"; "Depositary Bank"; "Payor Bank"; "Intermediary Bank"; "Collecting Bank"; "Presenting Bank"
✓ current as of May 2026
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(810 ILCS 5/4-105)
(from Ch. 26, par. 4-105)
Sec. 4-105.
"Bank"; "Depositary Bank"; "Payor Bank"; "Intermediary Bank";
"Collecting Bank"; "Presenting Bank".
In this Article:
(1) "Bank" means any 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.
(Source: P.A. 87-582; 87-1135.)
Notes of Decisions
Cited in 7
cases (1 in the last 5 years), 1993–2021 · leading case: Whitaker v. Wedbush Sec., Inc., 2020 IL 124792 (Ill. 2020).
Whitaker v. Wedbush Sec., Inc., 2020 IL 124792 (Ill. 2020). “Defendant argues that the definition of a bank is essentially the same in article 3 (810 ILCS 5/3-103(c) (West 2014)), article 4 -7- (810 ILCS 5/4-105(1) (West 2014)), and article 4A (810 ILCS 5/4A-105(a)(2) (West 2014)) and that those definitions should be interpreted…”
Martino v. First Nat'l Bank in Harvey (In Re Garofalo's Finer Foods, Inc.), 164 B.R. 955 (Bankr. N.D. Ill. 1994). “” 810 ILCS 5/4-105(3). The Bank is not a “collecting bank,” but rather was the “payor bank” on the account from which all the Debtor’s checks were drawn and paid by the Bank.”
Barber v. First Nat'l Bank of Chillicothe (In Re Ostrom-Martin, Inc.), 155 B.R. 997 (Bankr. C.D. Ill. 1993). “810 ILCS 5/4-105 (1993). 1 The BANK OF CHILLICOTHE filed an answer, raising numerous defenses, including that the *999 Trustee was barred from any recovery because it was never intended by the drawer of the check that Rumbold Valley Farms have an interest in the check.”
Dixon, Laukitis & Downing, P.C. v. Busey Bank, 2013 IL App (3d) 120832 (Ill. App. Ct. 2013). “” 810 ILCS 5/4-105 (West 2010). A collecting bank acts as an agent of an item’s owner until final settlement of the item and “any settlement given for the item is provisional.”
Whitaker v. Wedbush Sec., Inc., 2020 IL 124792 (Ill. 2021). “Defendant argues that the definition of a bank is essentially the same in article 3 (810 ILCS 5/3-103(c) (West 2014)), article 4 (810 ILCS 5/4-105(1) (West 2014)), and article 4A (810 ILCS 5/4A-105(a)(2) (West 2014)) and that those definitions should be interpreted consistently.”
Travelers Cas. & Sur. Co. of Am. v. Wells Fargo Bank, 205 F. Supp. 2d 920 (N.D. Ill. 2002). “” See 810 ILCS 5/4-105(1). It not a foregone conclusion, as Schwab suggests, that it performs no “banking” services.”
Cont'l Cas. Co. v. Am. Nat'l Bank & Trust Co. (Ill. App. Ct. 2002). “" 810 ILCS 5/4-105(2) ( West 1994 ). On the other hand, a payor bank is defined as "a bank that is the drawee of a draft.”
— 810 ILCS 5/4-105(1) — 3 cases
Whitaker v. Wedbush Sec., Inc., 2020 IL 124792 (Ill. 2020). “Defendant argues that the definition of a bank is essentially the same in article 3 (810 ILCS 5/3-103(c) (West 2014)), article 4 -7- (810 ILCS 5/4-105(1) (West 2014)), and article 4A (810 ILCS 5/4A-105(a)(2) (West 2014)) and that those definitions should be interpreted…”
Whitaker v. Wedbush Sec., Inc., 2020 IL 124792 (Ill. 2021). “Defendant argues that the definition of a bank is essentially the same in article 3 (810 ILCS 5/3-103(c) (West 2014)), article 4 (810 ILCS 5/4-105(1) (West 2014)), and article 4A (810 ILCS 5/4A-105(a)(2) (West 2014)) and that those definitions should be interpreted consistently.”
Travelers Cas. & Sur. Co. of Am. v. Wells Fargo Bank, 205 F. Supp. 2d 920 (N.D. Ill. 2002). “” See 810 ILCS 5/4-105(1). It not a foregone conclusion, as Schwab suggests, that it performs no “banking” services.”
— 810 ILCS 5/4-105(2) — 1 case
Cont'l Cas. Co. v. Am. Nat'l Bank & Trust Co. (Ill. App. Ct. 2002). “" 810 ILCS 5/4-105(2) ( West 1994 ). On the other hand, a payor bank is defined as "a bank that is the drawee of a draft.”
— 810 ILCS 5/4-105(3) — 1 case
Martino v. First Nat'l Bank in Harvey (In Re Garofalo's Finer Foods, Inc.), 164 B.R. 955 (Bankr. N.D. Ill. 1994). “” 810 ILCS 5/4-105(3). The Bank is not a “collecting bank,” but rather was the “payor bank” on the account from which all the Debtor’s checks were drawn and paid by the Bank.”
— 810 ILCS 5/4-105(5) — 1 case
Martino v. First Nat'l Bank in Harvey (In Re Garofalo's Finer Foods, Inc.), 164 B.R. 955 (Bankr. N.D. Ill. 1994). “” 810 ILCS 5/4-105(3). The Bank is not a “collecting bank,” but rather was the “payor bank” on the account from which all the Debtor’s checks were drawn and paid by the Bank.”
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