UNIFORM COMMERCIAL CODE
Act 174 of 1962
440.4213 Settlement; medium and time.
Sec. 4213.
(1) With respect to settlement by a bank, the medium and time of settlement may be prescribed by Federal Reserve regulations or circulars, clearing-house rules, and the like, or agreement. In the absence of such prescription, the following apply:
(a) The medium of settlement is cash or credit to an account in a Federal Reserve bank of or specified by the person to receive settlement.
(b) The time of settlement is as follows:
(i) With respect to tender of settlement by cash, a cashier's check, or teller's check, when the cash or check is sent or delivered.
(ii) With respect to tender of settlement by credit in an account in a federal reserve bank, when the credit is made.
(iii) With respect to tender of settlement by a credit or debit to an account in a bank, when the credit or debit is made or, in the case of tender of settlement by authority to charge an account, when the authority is sent or delivered.
(iv) With respect to tender of settlement by a funds transfer, when payment is made pursuant to section 4406a(1) to the person receiving settlement.
(2) If the tender of settlement is not by a medium authorized by subsection (1) or the time of settlement is not fixed by subsection (1), no settlement occurs until the tender of settlement is accepted by the person receiving settlement.
(3) If settlement for an item is made by cashier's check or teller's check and the person receiving settlement, before its midnight deadline then 1 of the following apply:
(a) Presents or forwards the check for collection, settlement is final when the check is finally paid.
(b) Fails to present or forward the check for collection, settlement is final at the midnight deadline of the person receiving settlement.
(4) If settlement for an item is made by giving authority to charge the account of the bank giving settlement in the bank receiving settlement, settlement is final when the charge is made by the bank receiving settlement if there are funds available in the account for the amount of the item.
History: 1962, Act 174, Eff. Jan. 1, 1964 ;-- Am. 1993, Act 130, Eff. Sept. 30, 1993
Notes of Decisions
Colorado Nat'l Bank v. First Nat'l Bank & Trust Co., 459 F. Supp. 1366 (W.D. Mich. 1978).
· cites it 5× “§ 440.4213, Official Comment 4. Final payment by the payor bank “firms up” the provisional settlements made by the intermediary and collecting banks.”
Van Senus Auto Parts, Inc. v. Michigan Nat'l Bank, 323 N.W.2d 391 (Mich. Ct. App. 1982).
· cites it 3× “MCL 440.4213(1); MSA 19.4213(1) provides in pertinent part: *351 "An item is finally paid by a payor bank when the bank has * * *: "(c) completed the process of posting the item to the indicated account of the drawer, maker or other person to be charged therewith; "Upon a final…”
Hedglin v. Cmty. Bank (In re A & C Chevrolet-Olds, Inc.), 3 B.R. 396 (E.D. Mich. 1980).
“§ 440.4213 determines that a check is paid by a payor bank when the bank has done any of the following, whichever happens first: (d) made a provisional settlement for the item and failed to revoke the settlement in the time and manner permitted by statute, clearing house rule or…”
People v. Miciek, 308 N.W.2d 603 (Mich. Ct. App. 1981).
“4212, MCL 440.4213; MSA 19.4213. Thus, when MacTaggart became aware of the discrepancy on October 16, 1976, the bank was liable for the check to Commercial and Savings Bank and had been threatened with a lawsuit.”
— Mich. Comp. Laws § 440.4213(1) — 1 case
Van Senus Auto Parts, Inc. v. Michigan Nat'l Bank, 323 N.W.2d 391 (Mich. Ct. App. 1982).
“MCL 440.4213(1); MSA 19.4213(1) provides in pertinent part: *351 "An item is finally paid by a payor bank when the bank has * * *: "(c) completed the process of posting the item to the indicated account of the drawer, maker or other person to be charged therewith; "Upon a final…”
— Mich. Comp. Laws § 440.4213(l)(c) — 1 case
Van Senus Auto Parts, Inc. v. Michigan Nat'l Bank, 323 N.W.2d 391 (Mich. Ct. App. 1982).
“MCL 440.4213(1); MSA 19.4213(1) provides in pertinent part: *351 "An item is finally paid by a payor bank when the bank has * * *: "(c) completed the process of posting the item to the indicated account of the drawer, maker or other person to be charged therewith; "Upon a final…”
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