Section 45.04.301. Deferred posting; recovery of payment by return of items; time of dishonor; return of items by payor bank.

   (a) If a payor bank settles for a demand item other than a documentary draft presented other than for immediate payment over the counter before midnight of the banking day of receipt, the payor bank may revoke the settlement and recover the settlement if, before it has made final payment and before its midnight deadline, it
        (1) returns the item; or
        (2) sends written notice of dishonor or nonpayment if the item is unavailable for return.
   (b) If a demand item is received by a payor bank for credit on its books, it may return the item or send notice of dishonor and may revoke a credit given or recover the amount of the credit withdrawn by its customer if it acts within the time limit and in the manner specified in (a) of this section.
   (c) Unless previous notice of dishonor has been sent, an item is dishonored at the time when, for purposes of dishonor, it is returned or notice is sent in accordance with this section.
   (d) An item is returned
        (1) as to an item presented through a clearinghouse, when it is delivered to the presenting or last collecting bank or to the clearinghouse or is sent or delivered in accordance with clearinghouse rules; or
        (2) in all other cases, when it is sent or delivered to the bank's customer or transferor or under the instructions of the customer or transferor.

Authorities

45.03.502;45.04.214;45.05.448

Notes

References

AS 45.03.502 Dishonor.
AS 45.04.214 Right of charge back or refund; liability of collecting bank; return of item.
AS 45.05.448

History

(Sec. 4.301 ch 114 SLA 1962; am Sec. 109 ch 35 SLA 1993)