State Codes and Statutes

Statutes > Wisconsin > 404 > 404.301

404.301

SUBCHAPTER III
COLLECTION OF ITEMS: PAYER BANKS
404.301 Deferred posting; recovery of payment by return of items; time of dishonor; return of items by payer bank.

404.301(1)

(1) If a payer bank settles for a demand item other than a documentary draft presented otherwise than for immediate payment over the counter before midnight of the banking day of receipt, the payer bank may revoke the settlement and recover the settlement if, before it has made final payment and before its midnight deadline, it does any of the following:

404.301(1)(a)

(a) Returns the item.

404.301(1)(b)

(b) Sends written notice of dishonor or nonpayment if the item is unavailable for return.

404.301(2)

(2) If a demand item is received by a payer bank for credit on its books, it may return the item or send notice of dishonor and may revoke any credit given or recover the amount thereof withdrawn by its customer, if it acts within the time limit and in the manner specified in sub. (1).

404.301(3)

(3) 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 sent in accordance with this section.

404.301(4)

(4) An item is returned:

404.301(4)(a)

(a) 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.

404.301(4)(b)

(b) In all other cases, when it is sent or delivered to the bank's customer or transferor or pursuant to instructions.

404.301 - ANNOT.

History: 1991 a. 304 s. 51; 1991 a. 316; 1995 a. 449.

State Codes and Statutes

Statutes > Wisconsin > 404 > 404.301

404.301

SUBCHAPTER III
COLLECTION OF ITEMS: PAYER BANKS
404.301 Deferred posting; recovery of payment by return of items; time of dishonor; return of items by payer bank.

404.301(1)

(1) If a payer bank settles for a demand item other than a documentary draft presented otherwise than for immediate payment over the counter before midnight of the banking day of receipt, the payer bank may revoke the settlement and recover the settlement if, before it has made final payment and before its midnight deadline, it does any of the following:

404.301(1)(a)

(a) Returns the item.

404.301(1)(b)

(b) Sends written notice of dishonor or nonpayment if the item is unavailable for return.

404.301(2)

(2) If a demand item is received by a payer bank for credit on its books, it may return the item or send notice of dishonor and may revoke any credit given or recover the amount thereof withdrawn by its customer, if it acts within the time limit and in the manner specified in sub. (1).

404.301(3)

(3) 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 sent in accordance with this section.

404.301(4)

(4) An item is returned:

404.301(4)(a)

(a) 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.

404.301(4)(b)

(b) In all other cases, when it is sent or delivered to the bank's customer or transferor or pursuant to instructions.

404.301 - ANNOT.

History: 1991 a. 304 s. 51; 1991 a. 316; 1995 a. 449.

State Codes and Statutes

State Codes and Statutes

Statutes > Wisconsin > 404 > 404.301

404.301

SUBCHAPTER III
COLLECTION OF ITEMS: PAYER BANKS
404.301 Deferred posting; recovery of payment by return of items; time of dishonor; return of items by payer bank.

404.301(1)

(1) If a payer bank settles for a demand item other than a documentary draft presented otherwise than for immediate payment over the counter before midnight of the banking day of receipt, the payer bank may revoke the settlement and recover the settlement if, before it has made final payment and before its midnight deadline, it does any of the following:

404.301(1)(a)

(a) Returns the item.

404.301(1)(b)

(b) Sends written notice of dishonor or nonpayment if the item is unavailable for return.

404.301(2)

(2) If a demand item is received by a payer bank for credit on its books, it may return the item or send notice of dishonor and may revoke any credit given or recover the amount thereof withdrawn by its customer, if it acts within the time limit and in the manner specified in sub. (1).

404.301(3)

(3) 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 sent in accordance with this section.

404.301(4)

(4) An item is returned:

404.301(4)(a)

(a) 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.

404.301(4)(b)

(b) In all other cases, when it is sent or delivered to the bank's customer or transferor or pursuant to instructions.

404.301 - ANNOT.

History: 1991 a. 304 s. 51; 1991 a. 316; 1995 a. 449.