Section § 4101

Explanation

This law section says that this part of the Uniform Commercial Code is known as 'Bank Deposits and Collections'.

This division may be cited as Uniform Commercial Code—Bank Deposits and Collections.

Section § 4102

Explanation

This section explains how different parts of California's commercial law interact. First, if there are overlaps in subjects between different divisions, there are rules about which division controls. Specifically, if there's a conflict, this division has priority over Division 3, but Division 8 has priority over this division. Second, if there's a dispute about how a bank handled an item for payment or collection, the laws of the place where the bank or its branch is located will apply.

(a)CA Commercial Law Code § 4102(a) To the extent that items within this division are also within Divisions 3 (commencing with Section 3101) and 8 (commencing with Section 8101), they are subject to those divisions. If there is conflict, this division governs Division 3 (commencing with Section 3101), but Division 8 (commencing with Section 8101) governs this division.
(b)CA Commercial Law Code § 4102(b) The liability of a bank for action or nonaction with respect to an item handled by it for purposes of presentment, payment, or collection is governed by the law of the place where the bank is located. In the case of action or nonaction by or at a branch or separate office of a bank, its liability is governed by the law of the place where the branch or separate office is located.

Section § 4103

Explanation

This law allows people to change some banking rules by agreement, but you can't make a deal that excuses a bank from acting in good faith or from failing to be careful. You can agree on what "care" means if it’s reasonable. Federal rules and other banking guidelines are seen as agreements even if everyone hasn't formally agreed to them. Doing what these rules suggest is usually seen as being careful. Damages from not being careful are the item's value minus what would still be lost even with care; if there's bad faith, more damages could be added.

(a)CA Commercial Law Code § 4103(a) The effect of the provisions of this division may be varied by agreement, but the parties to the agreement cannot disclaim a bank’s responsibility for its lack of good faith or failure to exercise ordinary care or limit the measure of damages for the lack or failure. However, the parties may determine by agreement the standards by which the bank’s responsibility is to be measured if those standards are not manifestly unreasonable.
(b)CA Commercial Law Code § 4103(b) Federal Reserve regulations and operating circulars, clearing house rules, and the like have the effect of agreements under subdivision (a), whether or not specifically assented to by all parties interested in items handled.
(c)CA Commercial Law Code § 4103(c) Action or nonaction approved by this division or pursuant to Federal Reserve regulations or operating circulars is the exercise of ordinary care and, in the absence of special instructions, action or nonaction consistent with clearing house rules and the like or with a general banking usage not disapproved by this division, is prima facie the exercise of ordinary care.
(d)CA Commercial Law Code § 4103(d) The specification or approval of certain procedures by this division is not disapproval of other procedures that may be reasonable under the circumstances.
(e)CA Commercial Law Code § 4103(e) The measure of damages for failure to exercise ordinary care in handling an item is the amount of the item reduced by an amount that could not have been realized by the exercise of ordinary care. If there is also bad faith it includes any other damages the party suffered as a proximate consequence.

Section § 4104

Explanation

This section defines specific banking terms used within a particular division of the law. For instance, an "account" includes various types of bank accounts but not certificates of deposit. "Banking day" indicates when a bank is generally open for most of its operations. It also establishes what terms like "draft," "drawee," and "midnight deadline" mean in a banking context. Essentially, it provides clarity on the language pertaining to bank operations, items for collection or payment, and customer relationships within banking.

(a)CA Commercial Law Code § 4104(a) In this division unless the context otherwise requires:
(1)CA Commercial Law Code § 4104(a)(1) “Account” means any deposit or credit account with a bank, including a demand, time, savings, passbook, share draft, or like account, other than an account evidenced by a certificate of deposit.
(2)CA Commercial Law Code § 4104(a)(2) “Afternoon” means the period of a day between noon and midnight.
(3)CA Commercial Law Code § 4104(a)(3) “Banking day” means the part of a day on which a bank is open to the public for carrying on substantially all of its banking functions.
(4)CA Commercial Law Code § 4104(a)(4) “Clearinghouse” means an association of banks or other payors regularly clearing items.
(5)CA Commercial Law Code § 4104(a)(5) “Customer” means a person having an account with a bank or for whom a bank has agreed to collect items, including a bank that maintains an account at another bank.
(6)CA Commercial Law Code § 4104(a)(6) “Documentary draft” means a draft to be presented for acceptance or payment if specified documents, certificated securities (Section 8102) or instructions for uncertificated securities (Section 8102), or other certificates, statements, or the like are to be received by the drawee or other payor before acceptance or payment of the draft.
(7)CA Commercial Law Code § 4104(a)(7) “Draft” means a draft as defined in Section 3104 or an item, other than an instrument, that is an order.
(8)CA Commercial Law Code § 4104(a)(8) “Drawee” means a person ordered in a draft to make payment.
(9)CA Commercial Law Code § 4104(a)(9) “Item” means an instrument or a promise or order to pay money handled by a bank for collection or payment. The term does not include a payment order governed by Division 11 (commencing with Section 11101) or a credit or debit card slip.
(10)CA Commercial Law Code § 4104(a)(10) “Midnight deadline” with respect to a bank is midnight on its next banking day following the banking day on which it receives the relevant item or notice or from which the time for taking action commences to run, whichever is later.
(11)CA Commercial Law Code § 4104(a)(11) “Settle” means to pay in cash, by clearinghouse settlement, in a charge or credit or by remittance, or otherwise as agreed. A settlement may be either provisional or final.
(12)CA Commercial Law Code § 4104(a)(12) “Suspends payments” with respect to a bank means that it has been closed by order of the supervisory authorities, that a public officer has been appointed to take it over or that it ceases or refuses to make payments in the ordinary course of business.
(b)CA Commercial Law Code § 4104(b) Other definitions applying to this division and the sections in which they appear are:
“Agreement for electronic presentment”
Section 4110
“Bank”
Section 4105
“Collecting bank”
Section 4105
“Depositary bank”
Section 4105
“Intermediary bank”
Section 4105
“Payor bank”
Section 4105
“Presenting bank”
Section 4105
“Presentment notice”
Section 4110
(c)CA Commercial Law Code § 4104(c) The following definitions in other divisions apply to this division:
“Acceptance”
Section 3409
“Alteration”
Section 3407
“Cashier’s check”
Section 3104
“Certificate of deposit”
Section 3104
“Certified check”
Section 3409
“Check”
Section 3104
“Control”
Section 7106
“Holder in due course”
Section 3302
“Instrument”
Section 3104
“Notice of dishonor”
Section 3503
“Order”
Section 3103
“Ordinary care”
Section 3103
“Person entitled to enforce”
Section 3301
“Presentment”
Section 3501
“Promise”
Section 3103
“Prove”
Section 3103
“Teller’s check”
Section 3104
“Unauthorized signature”
Section 3403
(d)CA Commercial Law Code § 4104(d) In addition, Division 1 (commencing with Section 1101) contains general definitions and principles of construction and interpretation applicable throughout this division.

Section § 4105

Explanation

This law defines different types of banks involved in processing items like checks. It describes roles such as a 'bank' being any business engaged in banking, a 'depositary bank' as the first to handle an item like a check, and a 'payor bank' as the bank expected to pay on a draft. It also defines an 'intermediary bank' as one that processes items but isn't the first or the one paying, a 'collecting bank' as one handling the item except for payment, and a 'presenting bank' as one that presents the item for payment except the bank expected to pay.

In this division:
(1)CA Commercial Law Code § 4105(1) “Bank” means a person engaged in the business of banking, including a savings bank, savings and loan association, credit union, or trust company.
(2)CA Commercial Law Code § 4105(2) “Depositary bank” means the first bank to take an item even though it is also the payor bank, unless the item is presented for immediate payment over the counter.
(3)CA Commercial Law Code § 4105(3) “Payor bank” means a bank that is the drawee of a draft.
(4)CA Commercial Law Code § 4105(4) “Intermediary bank” means a bank to which an item is transferred in course of collection except the depositary or payor bank.
(5)CA Commercial Law Code § 4105(5) “Collecting bank” means a bank handling an item for collection except the payor bank.
(6)CA Commercial Law Code § 4105(6) “Presenting bank” means a bank presenting an item except a payor bank.

Section § 4106

Explanation

This section explains what happens when a check or similar item mentions a bank as "payable through" or "payable at" that bank. In both cases, the bank is considered a collecting bank, which means it's responsible for processing the payment, but it cannot pay the item on its own. The item must be presented for payment through the bank. Additionally, if a draft names someone other than a bank to pay it, and it's not clear if a bank mentioned is supposed to help pay or just process it, the bank's role is only to process the payment.

(a)CA Commercial Law Code § 4106(a) If an item states that it is “payable through” a bank identified in the item, (1) the item designates the bank as a collecting bank and does not by itself authorize the bank to pay the item, and (2) the item may be presented for payment only by or through the bank.
(b)CA Commercial Law Code § 4106(b) If an item states that it is “payable at” a bank identified in the item, (1) the item designates the bank as a collecting bank and does not by itself authorize the bank to pay the item, and (2) the item may be presented for payment only by or through the bank.
(c)CA Commercial Law Code § 4106(c) If a draft names a nonbank drawee and it is unclear whether a bank named in the draft is a co-drawee or a collecting bank, the bank is a collecting bank.

Section § 4107

Explanation

This law states that when you are figuring out timelines or locations for banking actions, each branch or separate office of a bank is considered a separate bank. So, time limits and where you need to take any banking actions or send notices are calculated based on each branch individually.

A branch or separate office of a bank is a separate bank for the purpose of computing the time within which and determining the place at or to which action may be taken or notice or orders shall be given under this division and under Division 3 (commencing with Section 3101).

Section § 4108

Explanation
This law allows a bank to set a specific time, 2 p.m. or later, as a cutoff for processing money and transactions. If a bank receives money or a deposit after this cutoff or after the banking day ends, it's treated as if it was received at the start of the next banking day.
(a)CA Commercial Law Code § 4108(a) For the purpose of allowing time to process items, prove balances, and make the necessary entries on its books to determine its position for the day, a bank may fix an afternoon hour of 2 p.m. or later as a cutoff hour for the handling of money and items and the making of entries on its books.
(b)CA Commercial Law Code § 4108(b) An item or deposit of money received on any day after a cutoff hour so fixed or after the close of the banking day may be treated as being received at the opening of the next banking day.

Section § 4109

Explanation

This law section explains that a bank collecting a payment can extend deadlines by up to two extra days to secure payment on items drawn from a non-bank payor, even without approval from those involved. This won't affect the responsibilities of the person who wrote the check or others who have endorsed it. Additionally, if a bank is delayed due to uncontrollable circumstances such as communication breakdowns, equipment failure, or emergencies, the delay is excused as long as the bank acts diligently given the situation.

(a)CA Commercial Law Code § 4109(a) Unless otherwise instructed, a collecting bank in a good faith effort to secure payment of a specific item drawn on a payor other than a bank, and with or without the approval of any person involved, may waive, modify, or extend time limits imposed or permitted by this code for a period not exceeding two additional banking days without discharge of drawers or indorsers or liability to its transferor or a prior party.
(b)CA Commercial Law Code § 4109(b) Delay by a collecting bank or payor bank beyond time limits prescribed or permitted by this code or by instructions is excused if (1) the delay is caused by interruption of communication or computer facilities, suspension of payments by another bank, war, emergency conditions, failure of equipment, or other circumstances beyond the control of the bank, and (2) the bank exercises such diligence as the circumstances require.

Section § 4110

Explanation

This law explains what an 'agreement for electronic presentment' is. Basically, it allows a bank or similar institution to use an electronic image or details about a check instead of having the physical check itself. The agreement can set rules about how these images or details are handled, such as how they are presented, retained, or even if they are refused or honored. An item is considered 'presented' when this electronic notice is received, and any mention of 'item' or 'check' usually refers to this electronic version, unless it's clear that the original version is meant.

(a)CA Commercial Law Code § 4110(a) “Agreement for electronic presentment” means an agreement, clearing house rule, or Federal Reserve regulation or operating circular, providing that presentment of an item may be made by transmission of an image of an item or information describing the item (“presentment notice”) rather than delivery of the item itself. The agreement may provide for procedures governing retention, presentment, payment, dishonor, and other matters concerning items subject to the agreement.
(b)CA Commercial Law Code § 4110(b) Presentment of an item pursuant to an agreement for presentment is made when the presentment notice is received.
(c)CA Commercial Law Code § 4110(c) If presentment is made by presentment notice, a reference to “item” or “check” in this division means the presentment notice unless the context otherwise indicates.

Section § 4111

Explanation

This law states that if you want to take legal action to enforce a responsibility, obligation, or right under this particular division, you need to start the process within three years from the date the issue first arises.

An action to enforce an obligation, duty, or right arising under this division shall be commenced within three years after the cause of action accrues.