47-4303. When items subject to notice,
stop-payment order, legal process or setoff; order in which items
may be charged or certified
A. Any knowledge, notice or stop-payment order received by, legal process served
upon or setoff exercised by a payor bank comes too late to terminate, suspend or modify
the bank's right or duty to pay an item or to charge its customer's account for the item
if the knowledge, notice, stop-payment order or legal process is received or served and a
reasonable time for the bank to act thereon expires or the setoff is exercised after the
earliest of the following:
1. The bank accepts or certifies the item;
2. The bank pays the item in cash;
3. The bank settles for the item without having a right to revoke the settlement
under statute, clearing-house rule or agreement;
4. The bank becomes accountable for the amount of the item under section 47-4302
dealing with the payor bank's responsibility for late return of items; or
5. With respect to checks, a cutoff hour no earlier than one hour after the opening
of the next banking day after the banking day on which the bank received the check and no
later than the close of that next banking day or, if no cutoff hour is fixed, the close
of the next banking day after the banking day on which the bank received the check.
B. Subject to subsection A of this section, items may be accepted, paid, certified
or charged to the indicated account of its customer in any order.
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