§490:4-104 - Definitions and index of definitions.
§490:4-104 Definitions and index of
definitions. (a) In this article, unless the context otherwise requires:
(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) "Afternoon" means the period of a day
between noon and midnight;
(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) "Clearing-house" means an association
of banks or other payors regularly clearing items;
(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) "Documentary draft" means a draft to be
presented for acceptance or payment if specified documents, certificated
securities (section 490:8-102) or instructions for uncertificated securities
(section 490:8-102), 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) "Draft" means a draft as defined in
section 490:3-104 or an item, other than an instrument, that is an order;
(8) "Drawee" means a person ordered in a
draft to make payment;
(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 article 4A or a credit or debit
card slip;
(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) "Settle" means to pay in cash, by
clearing-house settlement, in a charge or credit or by remittance, or otherwise
as agreed. A settlement may be either provisional or final;
(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) Other definitions applying to this article
and the sections in which they appear are:
"Agreement for electronic
presentment". Section 490:4-110.
"Bank". Section 490:4-105.
"Collecting bank". Section
490:4-105.
"Depositary bank". Section
490:4-105.
"Intermediary bank". Section
490:4-105.
"Payor bank". Section 490:4-105.
"Presenting bank". Section
490:4-105.
"Presentment notice". Section
490:4-110.
(c) The following definitions in other
articles apply to this article:
"Acceptance". Section 490:3-409.
"Alteration". Section 490:3-407.
"Cashier's check". Section
490:3-104.
"Certificate of deposit". Section
490:3-104.
"Certified check". Section
490:3-409.
"Check". Section 490:3-104.
"Control". Section 490:7-106.
"Good faith". Section 490:3-103.
"Holder in due course". Section
490:3-302.
"Instrument". Section 490:3-104.
"Notice of dishonor". Section
490:3-503.
"Order". Section 490:3-103.
"Ordinary care". Section 490:3-103.
"Person entitled to enforce".
Section 490:3-301.
"Presentment". Section 490:3-501.
"Promise". Section 490:3-103.
"Prove". Section 490:3-103.
"Teller's check". Section 490:3-104.
"Unauthorized signature". Section
490:3-403.
(d) In addition, article 1 contains general
definitions and principles of construction and interpretation applicable
throughout this article. [L 1965, c 208, §4-104; HRS §490:4-104; am L 1991, c
118, pt of §4; am L 1997, c 33, §6; am L 2004, c 163, §18]