Section 400.4-212

Title XXVI TRADE AND COMMERCE

Chapter 400

Effective - 28 Aug 1992, 2 histories 

  400.4-212.  Presentment by notice of item not payable by, through, or at bank — liability of drawer or endorser. — (a)  Unless otherwise instructed, a collecting bank may present an item not payable by, through, or at a bank by sending to the party to accept or pay a written notice that the bank holds the item for acceptance or payment.  The notice must be sent in time to be received on or before the day when presentment is due and the bank must meet any requirement of the party to accept or pay under Section 400.3-501 by the close of the bank's next banking day after it knows of the requirement.

  (b)  If presentment is made by notice and payment, acceptance or request for compliance with a requirement under Section 400.3-501 is not received by the close of business on the day after maturity or in the case of demand items, by the close of business on the third banking day after notice was sent, the presenting bank may treat the item as dishonored and charge any secondary party by sending him notice of the facts.

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(L. 1992 S.B. 448)