2006 Ohio Revised Code - 1304.33. (UCC 4-404) Bank not obliged to pay check more than six months old.

§ 1304.33. (UCC 4-404) Bank not obliged to pay check more than six months old.
 

A bank is under no obligation to a customer having a checking account to pay a check, other than a certified check, that is presented more than six months after its date, but it may charge its customer's account for a payment made in good faith after its date. 
 

HISTORY: RC § 1304.27, 129 v S 5 (Eff 7-1-62); RC § 1304.33, 145 v S 147. Eff 8-19-94.
 

Not analogous to former RC § 1304.33, amended and renumbered RC § 1304.39 in 145 v S 147, eff 8-19-94.

 

Official Comment

This section incorporates a type of statute that had been adopted in twenty-six jurisdictions. The time limit is set at six months because banking and commercial practice regards a check outstanding for longer than that period as stale, and a bank will normally not pay such a check without consulting the depositor.  It is therefor not required to do so, but is given the option to pay because it may be in a position to know, as in the case of dividend checks, that the drawer wants payment made. 

Certified checks are excluded from the section because they are the primary obligation of the certifying bank (sections 3-409 and 3-413).  The obligation runs directly to the holder of the check.  The customer's account was presumably charged when the check was certified. 

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