Mich. Comp. Laws » Michigan Compiled Laws / Chapter 440 / Act 174 of 1962
Michigan Compiled Laws

Mich. Comp. Laws § 440.4105 (2026)

Additional definitions.

✓ current as of July 2026
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UNIFORM COMMERCIAL CODE


Act 174 of 1962


440.4105 Additional definitions.

Sec. 4105.

    As used in this article unless the context otherwise requires:

    (a) "Bank" means a person engaged in the business of banking, including a saving bank, saving and loan association, credit union, or trust company.

    (b) "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.

    (c) "Payor bank" means a bank that is the drawee of a draft.

    (d) "Intermediary bank" means a bank to which an item is transferred in course of collection except the depositary or payor bank.

    (e) "Collecting bank" means a bank handling the item for collection except the payor bank.

    (f) "Presenting bank" means a bank presenting an item except a payor bank.

History: 1962, Act 174, Eff. Jan. 1, 1964 ;-- Am. 1993, Act 130, Eff. Sept. 30, 1993

Notes of Decisions
Cited in 8 cases, 1978–2019 · leading case: Colorado Nat'l Bank v. First Nat'l Bank & Trust Co., 459 F. Supp. 1366 (W.D. Mich. 1978).
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Colorado Nat'l Bank v. First Nat'l Bank & Trust Co., 459 F. Supp. 1366 (W.D. Mich. 1978). · cites it 4× “§ 440.4105(a). 6 . An “intermediary” bank is defined as “any bank to which an item is transferred in the course of collection except the depository or payor bank.”
Seaway Cmty. Bank v. Progressive Cas. Ins., 531 F. App'x 648 (6th Cir. 2013). · cites it 6× “5 (quoting Mich. Comp. Laws Ann. § 440.4105 (a)). Here, Seaway was the depository bank.”
Michigan Ins. Repair Co. v. Mfrs. Nat'l Bank, 487 N.W.2d 517 (Mich. Ct. App. 1992). “3205(c); MSA 19.3205(c). A depository bank is required to pay an instrument consistent with a restrictive indorsement.”
Hedglin v. Cmty. Bank (In re A & C Chevrolet-Olds, Inc.), 3 B.R. 396 (E.D. Mich. 1980). “§ 440.4105(d) (U.C.C. § 4105(d)), defines a collecting bank as any bank handling the item for collection except the pay- or bank.”
In re Broucek, 341 B.R. 623 (Bankr. W.D. Mich. 2006). · cites it 4× “” MCLA § 440.4105(c). The Bank was the drawer of the official checks because it caused the official checks to be issued.”
Web Equity Holdings LLC v. Level One Bancorp Inc (Mich. Ct. App. 2019). · cites it 2× “” MCL 440.4105(b). In turn, Huntington presented the checks to Level One for payment from plaintiffs’ accounts and warranted that the checks were properly endorsed.”
Laura Abbonizio v. Bank of Am. Na (Mich. Ct. App. 2017). “A “depository bank” is defined in MCL 440.4105(b) as “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.”
Laura Abbonizio v. Bank of Am. Na (Mich. Ct. App. 2017). “A “depository bank” is defined in MCL 440.4105(b) as “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.”
— Mich. Comp. Laws § 440.4105(a) — 2 cases
Colorado Nat'l Bank v. First Nat'l Bank & Trust Co., 459 F. Supp. 1366 (W.D. Mich. 1978). “§ 440.4105(a). 6 . An “intermediary” bank is defined as “any bank to which an item is transferred in the course of collection except the depository or payor bank.”
Michigan Ins. Repair Co. v. Mfrs. Nat'l Bank, 487 N.W.2d 517 (Mich. Ct. App. 1992). “3205(c); MSA 19.3205(c). A depository bank is required to pay an instrument consistent with a restrictive indorsement.”
— Mich. Comp. Laws § 440.4105(b) — 4 cases
Colorado Nat'l Bank v. First Nat'l Bank & Trust Co., 459 F. Supp. 1366 (W.D. Mich. 1978). “§ 440.4105(a). 6 . An “intermediary” bank is defined as “any bank to which an item is transferred in the course of collection except the depository or payor bank.”
Laura Abbonizio v. Bank of Am. Na (Mich. Ct. App. 2017). “A “depository bank” is defined in MCL 440.4105(b) as “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.”
Laura Abbonizio v. Bank of Am. Na (Mich. Ct. App. 2017). “A “depository bank” is defined in MCL 440.4105(b) as “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.”
Web Equity Holdings LLC v. Level One Bancorp Inc (Mich. Ct. App. 2019). “” MCL 440.4105(b). In turn, Huntington presented the checks to Level One for payment from plaintiffs’ accounts and warranted that the checks were properly endorsed.”
— Mich. Comp. Laws § 440.4105(c) — 3 cases
Colorado Nat'l Bank v. First Nat'l Bank & Trust Co., 459 F. Supp. 1366 (W.D. Mich. 1978). “§ 440.4105(a). 6 . An “intermediary” bank is defined as “any bank to which an item is transferred in the course of collection except the depository or payor bank.”
In re Broucek, 341 B.R. 623 (Bankr. W.D. Mich. 2006). “” MCLA § 440.4105(c). The Bank was the drawer of the official checks because it caused the official checks to be issued.”
Web Equity Holdings LLC v. Level One Bancorp Inc (Mich. Ct. App. 2019). “” MCL 440.4105(b). In turn, Huntington presented the checks to Level One for payment from plaintiffs’ accounts and warranted that the checks were properly endorsed.”
— Mich. Comp. Laws § 440.4105(d) — 2 cases
Colorado Nat'l Bank v. First Nat'l Bank & Trust Co., 459 F. Supp. 1366 (W.D. Mich. 1978). “§ 440.4105(a). 6 . An “intermediary” bank is defined as “any bank to which an item is transferred in the course of collection except the depository or payor bank.”
Hedglin v. Cmty. Bank (In re A & C Chevrolet-Olds, Inc.), 3 B.R. 396 (E.D. Mich. 1980). “§ 440.4105(d) (U.C.C. § 4105(d)), defines a collecting bank as any bank handling the item for collection except the pay- or bank.”
— Mich. Comp. Laws § 440.4105(e) — 1 case
In re Broucek, 341 B.R. 623 (Bankr. W.D. Mich. 2006). “” MCLA § 440.4105(c). The Bank was the drawer of the official checks because it caused the official checks to be issued.”
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