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2022 Kentucky Revised Statutes
Chapter 355 - Uniform commercial code
Article 355.4 - Bank Deposits and Collections
355.4-202 Responsibility for collection or return -- When action timely.

Universal Citation: KY Rev Stat § 355.4-202 (2022)
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355.4-202 Responsibility for collection or return -- When action timely. (1) (2) (3) A collecting bank must exercise ordinary care in: (a) Presenting an item or sending it for presentment; (b) Sending notice of dishonor or nonpayment or returning an item other than a documentary draft to the bank's transferor after learning that the item has not been paid or accepted, as the case may be; (c) Settling for an item when the bank receives final settlement; and (d) Notifying its transferor of any loss or delay in transit within a reasonable time after discovery thereof. A collecting bank exercises ordinary care under subsection (1) of this section by taking proper action before its midnight deadline following receipt of an item, notice, or settlement. Taking proper action within a reasonably longer time may constitute the exercise of ordinary care, but the bank has the burden of establishing timeliness. Subject to subsection (1)(a) of this section, a bank is not liable for the insolvency, neglect, misconduct, mistake, or default of another bank or person or for loss or destruction of an item in the possession of others or in transit. Effective: January 1, 1997 History: Amended 1996 Ky. Acts ch. 130, sec. 84, effective January 1, 1997. -- Created 1958 Ky. Acts ch. 77, sec. 4-202, effective July 1, 1960.
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