(810 ILCS 5/Art. 4 Pt. 1 heading) PART 1.
GENERAL PROVISIONS AND DEFINITIONS
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(810 ILCS 5/4-101) (from Ch. 26, par. 4-101)
Sec. 4-101.
Short title.
This Article may be cited as Uniform Commercial
Code--Bank Deposits and Collections.
(Source: P.A. 87-1135 .)
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(810 ILCS 5/4-102) (from Ch. 26, par. 4-102)
Sec. 4-102.
Applicability.
(a) To the extent that items within this Article are also within Articles 3
and 8, they are subject to those Articles. If there is conflict, this Article
governs Article 3, but Article 8 governs this Article.
(b) The liability of a bank for action or non-action with respect to an
item handled by it for purpose of presentment, payment, or collection is
governed by the law of the place where the bank is located. In the case of
action or non-action 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.
(Source: P.A. 87-582; 87-1135.)
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(810 ILCS 5/4-103) (from Ch. 26, par. 4-103)
Sec. 4-103.
Variation by agreement; measure of damages; action
constituting ordinary care.
(a) The effect of the provisions of this Article 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) Federal Reserve regulations and operating circulars, clearing-house
rules, and the like have the effect of agreements under subsection (a),
whether or not specifically assented to by all parties interested in items
handled.
(c) Action or non-action approved by this Article or pursuant to Federal
Reserve regulations or operating circulars is the exercise of
ordinary care and, in the absence of special instructions, action or
non-action consistent with clearing-house rules and the like or with a
general banking usage not disapproved by this Article, is prima
facie the exercise of ordinary care.
(d) The specification or approval of certain procedures by this Article
is not disapproval of other procedures that may be reasonable
under the circumstances.
(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.
(Source: P.A. 87-582; 87-1135.)
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(810 ILCS 5/4-104) (from Ch. 26, par. 4-104)
Sec. 4-104. Definitions and index of definitions.
(a) In this Article, unless the context otherwise requires:
(1) "Account" means any deposit or credit account | ||||||||||||||||||||||||||||||||||||
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(2) "Afternoon" means the period of a day between | ||||||||||||||||||||||||||||||||||||
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(3) "Banking day" means the part of a day on which a | ||||||||||||||||||||||||||||||||||||
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(4) "Clearing house" means an association of banks or | ||||||||||||||||||||||||||||||||||||
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(5) "Customer" means a person having an account with | ||||||||||||||||||||||||||||||||||||
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(6) "Documentary draft" means a draft to be presented | ||||||||||||||||||||||||||||||||||||
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(7) "Draft" means a draft as defined in Section 3-104 | ||||||||||||||||||||||||||||||||||||
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(8) "Drawee" means a person ordered in a draft to | ||||||||||||||||||||||||||||||||||||
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(9) "Item" means an instrument or a promise or order | ||||||||||||||||||||||||||||||||||||
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(10) "Midnight deadline" with respect to a bank is | ||||||||||||||||||||||||||||||||||||
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(11) "Settle" means to pay in cash, by clearing-house | ||||||||||||||||||||||||||||||||||||
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(12) "Suspends payments" with respect to a bank means | ||||||||||||||||||||||||||||||||||||
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(b) Other definitions applying to this Article and the Sections in which
they appear are:
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(c) "Control" as provided in Section 7-106 and the
following definitions in other Articles apply to this Article: | ||||||||||||||||||||||||||||||||||||
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(d) In addition Article 1 contains general definitions and principles of
construction and interpretation applicable throughout this Article.
(Source: P.A. 95-895, eff. 1-1-09 .)
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(810 ILCS 5/4-105) (from Ch. 26, par. 4-105)
Sec. 4-105.
"Bank"; "Depositary Bank"; "Payor Bank"; "Intermediary Bank";
"Collecting Bank"; "Presenting Bank".
In this Article:
(1) "Bank" means any person engaged in the business of banking,
including a savings bank, savings and loan association, credit union,
or trust company;
(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) "Payor bank" means a bank that is the drawee of a
draft;
(4) "Intermediary bank" means a bank to which an item is
transferred in course of collection except the depositary or payor bank;
(5) "Collecting bank" means a bank handling an item for collection except
the payor bank;
(6) "Presenting bank" means a bank presenting an item except a
payor bank.
(Source: P.A. 87-582; 87-1135.)
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(810 ILCS 5/4-106) (from Ch. 26, par. 4-106)
Sec. 4-106.
Payable through or payable at bank; collecting bank.
(a) If an item states that it is "payable through" a bank identified
in the item, (i) the item designates the bank as a collecting bank and does
not by itself authorize the bank to pay the item, and (ii) the item may be
presented for payment only by or through the bank.
(b) If an item states that it is "payable at" a bank identified in the
item, (i) the item designates the bank as a collecting bank and does
not by itself authorize the bank to pay the item, and (ii) the item may be
presented for payment only by or through the bank.
(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.
(Source: P.A. 87-582; 87-1135.)
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(810 ILCS 5/4-107) (from Ch. 26, par. 4-107)
Sec. 4-107.
Separate office of bank.
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 must be given under this Article and under Article 3.
(Source: P.A. 87-582.)
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(810 ILCS 5/4-108) (from Ch. 26, par. 4-108)
Sec. 4-108.
Time of receipt of items.
(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 2:00 P.M. or later as a
cutoff hour for the handling of money and items and the making of entries
on its books.
(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.
(Source: P.A. 87-582; 87-1135.)
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(810 ILCS 5/4-109) (from Ch. 26, par. 4-109)
Sec. 4-109.
Delays.
(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 Act for a period
not exceeding 2 additional banking days without discharge of drawers or
indorsers or liability to its transferor or a prior party.
(b) Delay by a collecting bank or payor bank beyond time limits
prescribed or permitted by this Act or by instructions is excused if (i)
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 (ii) the bank exercises such diligence as the circumstances
require.
(Source: P.A. 87-582.)
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(810 ILCS 5/4-110) (from Ch. 26, par. 4-110)
Sec. 4-110.
Electronic presentment.
(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) Presentment of an item pursuant to an electronic presentment
agreement is made when the presentment notice is received.
(c) If presentment is made by presentment notice, a reference to "item"
or "check" in this Article means the presentment notice unless the context
otherwise indicates.
(Source: P.A. 87-582; 87-1135.)
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(810 ILCS 5/4-111) (from Ch. 26, par. 4-111)
Sec. 4-111.
Statute of limitations.
An action to enforce an
obligation, duty or right arising under this Article must be commenced
within 3 years after the cause of action accrues.
(Source: P.A. 87-582.)
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