Illinois Compiled Statutes

810 ILCS 5/4-205 (2026)

Depositary bank holder of unindorsed item

✓ current as of May 2026
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(810 ILCS 5/4-205) (from Ch. 26, par. 4-205)
    Sec. 4-205. Depositary bank holder of unindorsed item. If a customer delivers an item to a depositary bank for collection:
    (1) the depositary bank becomes a holder of the item at the time 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 indorses the item, and, if the bank satisfies the other requirements of Section 3-302, it may be a holder in due course; and
    (2) the depositary bank warrants to collecting banks, the payor bank or other payor, and the drawer that the amount of the item was paid to the customer or deposited to the customer's account.
(Source: P.A. 87-582; 87-1135.)

    
Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 2020–2025 · leading case: Ambassador Steel Fabrication, LLC v. Thornton, Jr. (Bankr. C.D. Ill. 2020).
Ambassador Steel Fabrication, LLC v. Thornton, Jr. (Bankr. C.D. Ill. 2020). · cites it 2× “810 ILCS 5/4-205(1).5 In processing the unendorsed check through the banking system, however, the original depository bank that accepted the check for collection must warrant to other collecting banks that the check was paid to the customer or into the customer’s account.”
Byline Bank v. Bank of Am., 2025 IL App (1st) 230927-U (Ill. App. Ct. 2025). “Finally, it warranted that, pursuant to section 5/4-205 (810 ILCS 5/4-205) (West 2020)), it had made payment or had deposited the funds into the account of the person entitled to enforce each instrument.”
— 810 ILCS 5/4-205(1) — 1 case
Ambassador Steel Fabrication, LLC v. Thornton, Jr. (Bankr. C.D. Ill. 2020). “810 ILCS 5/4-205(1).5 In processing the unendorsed check through the banking system, however, the original depository bank that accepted the check for collection must warrant to other collecting banks that the check was paid to the customer or into the customer’s account.”
— 810 ILCS 5/4-205(2) — 1 case
Ambassador Steel Fabrication, LLC v. Thornton, Jr. (Bankr. C.D. Ill. 2020). “810 ILCS 5/4-205(1).5 In processing the unendorsed check through the banking system, however, the original depository bank that accepted the check for collection must warrant to other collecting banks that the check was paid to the customer or into the customer’s account.”
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