SB358,66,23
21(2) Federal reserve regulations and operating
letters circulars, clearinghouse
22rules, and the like, have the effect of agreements under sub. (1), whether or not
23specifically assented to by all parties interested in items handled.
SB358,67,3
24(3) Action or nonaction approved by this chapter or pursuant to federal reserve
25regulations or operating
letters constitutes circulars is the exercise of ordinary care
1and, in the absence of special instructions, action or nonaction consistent with
2clearinghouse rules and the like or with a general banking usage not disapproved by
3this chapter,
is prima facie
constitutes the exercise of ordinary care.
SB358,67,6
4(4) The specification or approval of certain procedures by this chapter
does not
5constitute is not disapproval of other procedures
which that may be reasonable under
6the circumstances.
SB358,67,11
7(5) The measure of damages for failure to exercise ordinary care in handling
8an item is the amount of the item reduced by an amount
which that could not have
9been realized by the
use exercise of ordinary care
, and where. If there is
also bad faith
10it includes
any other damages
, if any, suffered by the party
suffered as a proximate
11consequence.
SB358, s. 14
12Section
14. 404.104 (1) (intro.) and (a) to (f) of the statutes are amended to
13read:
SB358,67,1414
404.104
(1) (intro.) In this chapter
, unless the context otherwise requires:
SB358,67,1815
(a) "Account" means any
deposit or credit account with a bank
and includes a
16checking, time, interest or savings account;, including a demand, time, savings,
17passbook, share draft or like account, other than an account evidenced by a
18certificate of deposit.
SB358,67,1919
(b) "Afternoon" means the period of a day between noon and midnight
;.
SB358,67,2120
(c) "Banking day" means
that the part of
any a day on which a bank is open to
21the public for carrying on substantially all of its banking functions
;.
SB358,67,2322
(d) "Clearinghouse" means
any an association of banks or other
payors payers 23regularly clearing items
;.
SB358,68,3
1(e) "Customer" means
any a person having an account with a bank or for whom
2a bank has agreed to collect items
and includes, including a bank
carrying that
3maintains an account
with at another bank
;.
SB358,68,94
(f) "Documentary draft" means
any negotiable or nonnegotiable draft with
5accompanying documents, securities or other papers to be delivered against honor
6of the draft; a draft to be presented for acceptance or payment if specified documents,
7certificated securities or instructions for uncertificated securities, or other
8certificates, statements or the like are to be received by the drawee or other payer
9before acceptance or payment of the draft.
SB358, s. 15
10Section
15. 404.104 (1) (g), (h) and (j) of the statutes are renumbered 404.104
11(1) (i), (j) and (k) and amended to read:
SB358,68,1512
404.104
(1) (i) "Item" means
any
an instrument
for the payment of money even
13though it is not negotiable but does not include money; or a promise or order to pay
14money handled by a bank for collection or payment. "Item" does not include a
15payment order governed by ch. 410 or a credit or debit card slip.
SB358,68,1816
(j) "Midnight deadline" with respect to a bank is midnight on its next banking
17day following the banking day on which it receives the relevant item or notice or from
18which the time for taking action commences to run, whichever is later
;.
SB358,68,2119
(k) "Settle" means to pay in cash, by clearinghouse settlement, in a charge or
20credit or by remittance, or otherwise as
instructed
agreed. A settlement may be
21either provisional or final
;.
SB358, s. 16
22Section
16. 404.104 (1) (g) and (h) of the statutes are created to read:
SB358,68,2423
404.104
(1) (g) "Draft" means a draft as defined in s. 403.104 (5), or an item,
24other than an instrument, that is an order.
SB358,68,2525
(h) "Drawee" means a person ordered in a draft to make a payment.
SB358, s. 17
1Section
17. 404.104 (1) (i) of the statutes is repealed.
SB358, s. 18
2Section
18. 404.104 (1) (k) of the statutes is renumbered 404.104 (1) (L).
SB358, s. 19
3Section
19. 404.104 (2) (a) to (e) of the statutes are renumbered 404.104 (2)
4(c) to (g), and 404.104 (2) (f), as renumbered, is amended to read:
SB358,69,55
404.104
(2) (f)
"Payor "Payer bank" — s. 404.105.
SB358, s. 20
6Section
20. 404.104 (2) (a), (b) and (h) of the statutes are created to read:
SB358,69,77
404.104
(2) (a) "Agreement for electronic presentment" — s. 404.110 (1).
SB358,69,88
(b) "Bank" — s. 404.105 (1).
SB358,69,99
(h) "Presentment notice" — s. 404.110 (1).
SB358, s. 21
10Section
21. 404.104 (2) (f) of the statutes is repealed.
SB358, s. 22
11Section
22. 404.104 (3) (a) of the statutes is amended to read:
SB358,69,1212
404.104
(3) (a) "Acceptance" — s.
403.410 403.409 (1).
SB358, s. 23
13Section
23. 404.104 (3) (b), (d), (f), (g) and (h) of the statutes are renumbered
14404.104 (3) (d), (f), (h), (j) and (n), and 404.104 (3) (j) and (n), as renumbered, are
15amended to read:
SB358,69,1616
404.104
(3) (j) "Notice of dishonor" — s.
403.508 403.503.
SB358,69,1717
(n) "Presentment" — s.
403.504 403.501 (1).
SB358, s. 24
18Section
24. 404.104 (3) (b), (c), (e), (g), (i), (k) to (m) and (p) to (s) of the statutes
19are created to read:
SB358,69,2020
404.104
(3) (b) "Alteration" — s. 403.407 (1).
SB358,69,2121
(c) "Cashier's check" — s. 403.104 (7).
SB358,69,2222
(e) "Certified check" — s. 403.409 (4).
SB358,69,2323
(g) "Good faith" — s. 403.103 (1) (d).
SB358,69,2424
(i) "Instrument" — s. 403.104 (2).
SB358,69,2525
(k) "Order" — s. 403.103 (1) (f).
SB358,70,1
1(L) "Ordinary care" — s. 403.103 (1) (g).
SB358,70,22
(m) "Person entitled to enforce" — s. 403.301.
SB358,70,33
(p) "Promise" — s. 403.103 (1) (i).
SB358,70,44
(q) "Prove" — s. 403.103 (1) (j).
SB358,70,55
(r) "Teller's check" — s. 403.104 (8).
SB358,70,66
(s) "Unauthorized signature" — s. 403.403.
SB358, s. 25
7Section
25. 404.104 (3) (c), (e), (i) and (j) of the statutes are repealed.
SB358, s. 26
8Section
26. 404.104 (4) of the statutes is amended to read:
SB358,70,109
404.104
(4) In addition
, ch. 401 contains general definitions and principles of
10construction and interpretation applicable throughout this chapter.
SB358, s. 27
11Section
27. 404.105 (intro.) of the statutes is amended to read:
SB358,70,15
12404.105 (title)
"Depositary bank"; "intermediary bank" "Bank";
13"collecting bank"; "payor "depository bank"; "intermediary bank"; "payer
14bank"; "presenting bank"; "remitting bank". (intro.) In this chapter
unless the
15context otherwise requires:
SB358, s. 28
16Section
28. 404.105 (1) to (5) of the statutes are renumbered 404.105 (2) to (6)
17and amended to read:
SB358,70,1918
404.105
(2) "Collecting bank" means
any a bank handling
the an item for
19collection except the
payor payer bank
;.
SB358,70,22
20(3) "Depositary bank" means the first bank to
which take an item
is transferred
21for collection even though it is also the
payor
payer bank
;, unless the item is
22presented for immediate payment over the counter.
SB358,70,24
23(4) "Intermediary bank" means
any
a bank to which an item is transferred in
24course of collection except the depositary or
payor
payer bank
;.
SB358,71,2
1(5) "Payor "Payer bank" means a bank
by which an item is payable as drawn
2or accepted; that is the drawee of a draft.
SB358,71,4
3(6) "Presenting bank" means
any
a bank presenting an item except a
payor 4payer bank
;.
SB358, s. 29
5Section
29. 404.105 (1) of the statutes is created to read:
SB358,71,86
404.105
(1) "Bank" means a person engaged in the business of banking,
7including a savings bank, savings and loan association, credit union or trust
8company.
SB358, s. 30
9Section
30. 404.105 (6) of the statutes is repealed.
SB358, s. 31
10Section
31. 404.106 to 404.108 of the statutes are renumbered 404.107 to
11404.109 and amended to read:
SB358,71,15
12404.107 Separate office of a bank. A branch or separate office of a bank is
13a separate bank for the purpose of computing the time within which and determining
14the place at or to which action may be taken or notices or orders
shall must be given
15under this chapter and under ch. 403.
SB358,71,20
16404.108 Time of receipt of items. (1) For the purpose of allowing time to
17process items, prove balances and make the necessary entries on its books to
18determine its position for the day, a bank may fix an afternoon hour of 2 p.m. or later
19as a
cut-off cutoff hour for the handling of money and items and the making of entries
20on its books.
SB358,71,23
21(2) Any An item or deposit of money received on any day after a
cut-off cutoff 22hour so fixed or after the close of the banking day may be treated as being received
23at the opening of the next banking day.
SB358,72,5
24404.109 Delays. (1) Unless otherwise instructed, a collecting bank in a good
25faith effort to secure payment
may, in the case of
a specific
items item drawn on a
1payer other than a bank, and with or without the approval of any person involved,
2may waive, modify or extend time limits imposed or permitted by chs. 401 to 411 for
3a period not
in excess of an exceeding 2 additional banking
day days without
4discharge of
secondary parties and without drawers or endorsers or liability to its
5transferor or
any a prior party.
SB358,72,11
6(2) Delay by a collecting bank or
payor payor bank beyond time limits
7prescribed or permitted by chs. 401 to 411 or by instructions is excused if
the delay
8is caused by interruption of communication
or computer facilities, suspension of
9payments by another bank, war, emergency conditions
, failure of equipment or other
10circumstances beyond the control of the bank
provided it and the bank exercises such
11diligence as the circumstances require.
SB358, s. 32
12Section
32. 404.106 of the statutes is created to read:
SB358,72,17
13404.106 Payable through or payable at bank; collecting bank. (1) If an
14item states that it is "payable through" a bank identified in the item, the item
15designates the bank as a collecting bank and does not by itself authorize the bank
16to pay the item and the item may be presented for payment only by or through the
17bank.
SB358,72,21
18(2) If an item states that it is "payable at" a bank identified in the item, the item
19designates the bank as a collecting bank and does not by itself authorize the bank
20to pay the item and the item may be presented for payment only by or through the
21bank.
SB358,72,23
22(3) If a draft names a nonbank drawee and it is unclear whether a bank named
23in the draft is a codrawee or a collecting bank, the bank is a collecting bank.
SB358, s. 33
24Section
33. 404.109 of the statutes is repealed.
SB358, s. 34
25Section
34. 404.110 of the statutes is created to read:
SB358,73,7
1404.110 Electronic presentment. (1) "Agreement for electronic
2presentment" means an agreement, clearinghouse rule or federal reserve regulation
3or operating circular, providing that presentment of an item may be made by
4transmission of an image of an item or information describing the item
5("presentment notice") rather than delivery of the item itself. The agreement may
6provide for procedures governing retention, presentment, payment, dishonor and
7other matters concerning items subject to the agreement.
SB358,73,9
8(2) Presentment of an item pursuant to an agreement for electronic
9presentment is made when the presentment notice is received.
SB358,73,12
10(3) If presentment is made by presentment notice, a reference to "item" or
11"check" in this chapter means the presentment notice unless the context otherwise
12indicates.
SB358, s. 35
13Section
35. 404.111 of the statutes is created to read:
SB358,73,16
14404.111 Statute of limitations. An action to enforce an obligation, duty, or
15right arising under this chapter must be commenced within 3 years after the cause
16of action accrues.
SB358, s. 36
17Section
36. The unnumbered subchapter title preceding 404.201 of the
18statutes is numbered subchapter II (title) of chapter 404.
SB358, s. 37
19Section
37. 404.201 of the statutes is amended to read:
SB358,74,10
20404.201 (title)
Presumption and duration of agency status Status of
21collecting banks bank as agent and provisional status of credits;
22applicability of chapter; item indorsed endorsed "pay any bank". (1) Unless
23a contrary intent clearly appears and
prior to before the time that a settlement given
24by a collecting bank for an item is or becomes final
(ss. 404.211 (3), 404.212 and
25404.213), the bank
, with respect to the item, is an agent or subagent of the owner of
1the item and any settlement given for the item is provisional. This provision applies
2regardless of the form of
indorsement endorsement or lack of
indorsement 3endorsement and even though credit given for the item is subject to immediate
4withdrawal as of right or is in fact withdrawn; but the continuance of ownership of
5an item by its owner and any rights of the owner to proceeds of the item are subject
6to rights of a collecting bank
, such as those resulting from outstanding advances on
7the item and
valid rights of
recoupment or setoff.
When If an item is handled by
8banks for purposes of presentment, payment
and, collection
or return, the relevant
9provisions of this chapter apply even though action of
the parties clearly establishes
10that a particular bank has purchased the item and is the owner of it.
SB358,74,13
11(2) After an item has been
indorsed
endorsed with the words "pay any bank"
12or the like, only a bank may acquire the rights of a holder
until any of the following
13occur:
SB358,74,1514
(a)
Until the The item has been returned to the customer initiating collection
;
15or.
SB358,74,1716
(b)
Until the The item has been specially
indorsed endorsed by a bank to a
17person who is not a bank.
SB358, s. 38
18Section
38. 404.202 (title) and (1) (intro.) and (a) to (c) of the statutes are
19amended to read:
SB358,74,22
20404.202 (title)
Responsibility for collection or return; when action
21seasonable timely.
(1) (intro.) A collecting bank must
use exercise ordinary care
22in
all of the following:
SB358,74,2323
(a) Presenting an item or sending it for presentment
; and.
SB358,75,3
1(b) Sending notice of dishonor or nonpayment or returning an item other than
2a documentary draft to the bank's transferor after learning that the item has not
3been paid or accepted, as the case may be
; and.
SB358,75,44
(c) Settling for an item when the bank receives final settlement
; and.
SB358, s. 39
5Section
39. 404.202 (1) (d) of the statutes is repealed.