SB358: Bill Text

SB358,77,15 (e) The warrantor has no knowledge of any insolvency proceeding commenced with respect to the maker or acceptor or, in the case of an unaccepted draft, the drawer.

SB358,77,23 (2) If an item is dishonored, a customer or collecting bank transferring the item and receiving settlement or other consideration is obliged to pay the amount due on the item according to the terms of the item at the time it was transferred or, if the transfer was of an incomplete item, according to its terms when completed as stated in ss. 403.115 and 403.407. The obligation of a transferor is owed to the transferee and to any subsequent collecting bank that takes the item in good faith. A transferor cannot disclaim its obligation under this subsection by an endorsement stating that it is made "without recourse" or otherwise disclaiming liability.

SB358,78,3 (3) A person to whom the warranties under sub. (1) are made and who took the item in good faith may recover from the warrantor as damages for breach of warranty an amount equal to the loss suffered as a result of the breach, but not more than the amount of the item plus expenses and loss of interest incurred as a result of the breach.

SB358,78,8 (4) The warranties stated in sub. (1) cannot be disclaimed with respect to checks. Unless notice of a claim for breach of warranty is given to the warrantor within 30 days after the claimant has reason to know of the breach and the identity of the warrantor, the warrantor is discharged to the extent of any loss caused by the delay in giving notice of the claim.

SB358,78,10 (5) A cause of action for breach of warranty under this section accrues when the claimant has reason to know of the breach.

SB358, s. 47 Section 47. 404.208 of the statutes is renumbered 404.210, and 404.210 (1) (intro.), (a) and (b), (2) and (3) (intro.), (a) and (b), as renumbered, are amended to read:

SB358,78,15 404.210 (1) (intro.) A collecting bank has a security interest in an item and any accompanying documents or the proceeds of either in any of the following situations:

SB358,78,17 (a) In case of an item deposited in an account, to the extent to which credit given for the item has been withdrawn or applied;.

SB358,78,20 (b) In case of an item for which it has given credit available for withdrawal as of right, to the extent of the credit given, whether or not the credit is drawn upon and whether or not there is a right of charge-back ; or.

SB358,78,24 (2) When If credit which has been given for several items received at one time or pursuant to a single agreement is withdrawn or applied in part, the security interest remains upon all the items, any accompanying documents or the proceeds of either. For the purpose of this section, credits first given are first withdrawn.

SB358,79,6 (3) (intro.) Receipt by a collecting bank of a final settlement for an item is a realization on its security interest in the item, accompanying documents and proceeds. To the extent and so So long as the bank does not receive final settlement for the item or give up possession of the item or accompanying documents for purposes other than collection, the security interest continues to that extent and is subject to the provisions of ch. 409 except that, but all of the following apply:

SB358,79,8 (a) No security agreement is necessary to make the security interest enforceable (s. 409.203 (1) (a)); and.

SB358,79,9 (b) No filing is required to perfect the security interest; and.

SB358, s. 48 Section 48. 404.208 of the statutes is created to read:

SB358,79,15 404.208 Presentment warranties. (1) If an unaccepted draft is presented to the drawee for payment or acceptance and the drawee pays or accepts the draft, the person obtaining payment or acceptance, at the time of presentment, and a previous transferor of the draft, at the time of transfer, warrant to the drawee that pays or accepts the draft in good faith that all of the following conditions exist:

SB358,79,18 (a) The warrantor is, or was at the time the warrantor transferred the draft, a person entitled to enforce the draft or authorized to obtain payment or acceptance of the draft on behalf of a person entitled to enforce the draft.

SB358,79,19 (b) The draft has not been altered.

SB358,79,21 (c) The warrantor has no knowledge that the signature of the purported drawer of the draft is unauthorized.

SB358,80,6 (2) A drawee making payment may recover from a warrantor damages for breach of warranty equal to the amount paid by the drawee less the amount the drawee received or is entitled to receive from the drawer because of the payment. In addition, the drawee is entitled to compensation for expenses and loss of interest resulting from the breach. The right of the drawee to recover damages under this subsection is not affected by any failure of the drawee to exercise ordinary care in making payment. If the drawee accepts the draft, breach of warranty is a defense to the obligation of the acceptor, and if the acceptor makes payment with respect to the draft, the acceptor is entitled to recover from a warrantor for breach of warranty the amounts stated in this subsection.

SB358,80,11 (3) If a drawee asserts a claim for breach of warranty under sub. (1) based on an unauthorized endorsement of the draft or an alteration of the draft, the warrantor may defend by proving that the endorsement is effective under s. 403.404 or 403.405 or the drawer is precluded under s. 403.406 or 404.406 from asserting against the drawee the unauthorized endorsement or alteration.

SB358,80,20 (4) If a dishonored draft is presented for payment to the drawer or an endorser or any other item is presented for payment to a party obliged to pay the item, and the item is paid, the person obtaining payment and a prior transferor of the item warrant to the person making payment in good faith that the warrantor is, or was at the time the warrantor transferred the item, a person entitled to enforce the item or authorized to obtain payment on behalf of a person entitled to enforce the item. The person making payment may recover from any warrantor for breach of warranty an amount equal to the amount paid plus expenses and loss of interest resulting from the breach.

SB358,80,25 (5) The warranties stated in subs. (1) and (4) cannot be disclaimed with respect to checks. Unless notice of a claim for breach of warranty is given to the warrantor within 30 days after the claimant has reason to know of the breach and the identity of the warrantor, the warrantor is discharged to the extent of any loss caused by the delay in giving notice of the claim.

SB358,81,2 (6) A cause of action for breach of warranty under this section accrues when the claimant has reason to know of the breach.

SB358, s. 49 Section 49. 404.209 of the statutes is renumbered 404.211 and amended to read:

SB358,81,8 404.211 When bank gives value for purposes of holder in due course. For purposes of determining its status as a holder in due course, the a bank has given value to the extent that it has a security interest in an item provided that, if the bank otherwise complies with s. 403.302 on what constitutes a holder in due course.

SB358, s. 50 Section 50. 404.209 of the statutes is created to read:

SB358,81,14 404.209 Encoding and retention warranties. (1) A person who encodes information on or with respect to an item after issue warrants to any subsequent collecting bank and to the payer bank or other payer that the information is correctly encoded. If the customer of a depositary bank encodes, that bank also makes the warranty.

SB358,81,19 (2) A person who undertakes to retain an item pursuant to an agreement for electronic presentment warrants to any subsequent collecting bank and to the payer bank or other payer that retention and presentment of the item comply with the agreement. If a customer of a depositary bank undertakes to retain an item, that bank also makes this warranty.

SB358,81,23 (3) A person to whom warranties are made under this section and who took the item in good faith may recover from the warrantor as damages for breach of warranty an amount equal to the loss suffered as a result of the breach, plus expenses and loss of interest incurred as a result of the breach.

SB358, s. 51 Section 51. 404.210 of the statutes is renumbered 404.212 and amended to read:

SB358,82,8 404.212 (title) Presentment by notice of item not payable by, through or at a bank; liability of secondary parties drawer or endorser. (1) Unless otherwise instructed, a collecting bank may present an item not payable by, through or at a bank by sending to the party to accept or pay a written notice that the bank holds the item for acceptance or payment. The notice must be sent in time to be received on or before the day when presentment is due and the bank must meet any requirement of the party to accept or pay under s. 403.505 403.501 by the close of the bank's next banking day after it knows of the requirement.

SB358,82,15 (2) Where If presentment is made by notice and neither honor nor payment, acceptance or request for compliance with a requirement under s. 403.505 403.501 is not received by the close of business on the day after maturity or, in the case of demand items, by the close of business on the third 3rd banking day after notice was sent, the presenting bank may treat the item as dishonored and charge any secondary party drawer or endorser by sending the secondary party it notice of the facts.

SB358, s. 52 Section 52. 404.211 of the statutes is repealed.

SB358, s. 53 Section 53. 404.212 (title), (1) and (2) to (5) of the statutes are renumbered 404.214 (title), (1) and (3) to (6), and 404.214 (title), (1), (3), (4) and (6), as renumbered, are amended to read:

SB358,83,8 404.214 (title) Right of charge-back or refund; liability of collecting bank; return of item. (1) If a collecting bank has made provisional settlement with its customer for an item and itself fails by reason of dishonor, suspension of payments by a bank or otherwise to receive a settlement for the item which is or becomes final, the bank may revoke the settlement given by it, charge-back charge back the amount of any credit given for the item to its customer's account, or obtain refund from its customer, whether or not it is able to return the items item, if by its midnight deadline or within a longer reasonable time after it learns the facts it returns the item or sends notification of the facts. If the return or notice is delayed beyond the bank's midnight deadline or a longer reasonable time after it learns the facts, the bank may revoke the settlement, charge back the credit or obtain a refund from its customer, but it is liable for any loss resulting from the delay. These rights to revoke, charge-back and obtain refund terminate if and when a settlement for the item received by the bank is or becomes final (ss. 404.211 (3) and 404.213 (2) and (3)).

SB358,83,12 (3) A depositary bank which that is also the payor payer may charge-back charge back the amount of an item to its customer's account or obtain refund in accordance with s. 404.301 governing return of an item received by a payor payer bank for credit on its books.

SB358,83,13 (4) The right to charge-back is not affected by any of the following:

SB358,83,14 (a) Prior Previous use of the a credit given for the item; or .

SB358,83,16 (b) Failure by any bank to exercise ordinary care with respect to the item, but any a bank so failing remains liable.

SB358,83,21 (6) If credit is given in dollars as the equivalent of the value of an item payable in a foreign currency money, the dollar amount of any charge-back or refund shall must be calculated on the basis of the buying sight bank-offered spot rate for the foreign currency money prevailing on the day when the person entitled to the charge-back or refund learns that it will not receive payment in ordinary course.

SB358, s. 54 Section 54. 404.212 (1m) of the statutes is repealed.

SB358, s. 55 Section 55. 404.213 (title) and (1) (intro.), (a), (b) and (d) of the statutes are renumbered 404.215 (title) and (1) (intro.), (a), (b) and (c), and 404.215 (title) and (1) (intro.) and (a) and (b), as renumbered, are amended to read:

SB358,84,4 404.215 (title) Final payment of item by payor payer bank; when provisional debits and credits become final; when certain credits become available for withdrawal. (1) (intro.) An item is finally paid by a payor payer bank when the bank has first done any of the following , whichever happens first:

SB358,84,5 (a) Paid the item in cash; or.

SB358,84,8 (b) Settled for the item without reserving having a right to revoke the settlement and without having such right under statute, clearinghouse rule or agreement; or.

SB358, s. 56 Section 56. 404.213 (1) (c) of the statutes is repealed.

SB358, s. 57 Section 57. 404.213 (1a) of the statutes is repealed.

SB358, s. 58 Section 58. 404.213 (2) to (4), (4m) and (5) of the statutes are renumbered 404.215 (3) to (5), (5m) and (6), and 404.215 (3), (4), (5), (5m) (a) and (b) 1., 2. and 3. and (6), as renumbered, are amended to read:

SB358,84,19 404.215 (3) If provisional settlement for an item between the presenting and payor payer banks is made through a clearinghouse or by debits or credits in an account between them, then to the extent that provisional debits or credits for the item are entered in accounts between the presenting and payor payer banks or between the presenting and successive prior collecting banks in a series, they become final upon final payment of the item by the payor payer bank.

SB358,84,23 404.215 (4) If a collecting bank receives a settlement for an item which is or becomes final (ss. 404.211 (3) and 404.213 (2)), the bank is accountable to its customer for the amount of the item and any provisional credit given for the item in an account with its customer becomes final.

SB358,85,2 (5) Subject to applicable law stating a time for availability of funds and to any right of the bank to apply the credit to an obligation of the customer, credit given by a bank for an item in an a customer's account with its customer becomes available for withdrawal as of right:

SB358,85,6 (a) In any case where If the bank has received a provisional settlement for the item,—when such when the settlement becomes final and the bank has had a reasonable time to learn that the settlement is final; receive return of the item and the item has not been received within that time.

SB358,85,9 (b) In any case where If the bank is both a the depositary bank and a payor the payer bank and the item is finally paid,—at at the opening of the bank's second 2nd banking day following receipt of the item.

SB358,85,11 (5m) (a) As used in In this subsection, "banking day" means a business day as defined in s. 421.301 (6) that is not a federal legal holiday.

SB358,85,17 (b) 1. If the item is a check or draft endorsed only by the person to whom it was issued and is drawn on the treasury of the United States, the this state of Wisconsin or any unit of local government located in this state, after not more than one banking day has intervened between the banking day on which the check or draft is received at the proof and transit facility of the depository and the banking day on which the funds are available for withdrawal.

SB358,85,21 2. If the payor payer bank or other financial institution is located in this state, after not more than 4 banking days have intervened between the banking day on which the item is received at the proof and transit facility of the depository and the banking day on which the funds are available for withdrawal.

SB358,85,25 3. If the payor payer bank or other financial institution is located in any other state, after not more than 7 banking days have intervened between the banking day on which the item is received at the proof and transit facility of the depository and the banking day on which the funds are available for withdrawal.

SB358,86,5 (6) A deposit of money in a bank is final when made but, subject to Subject to applicable law stating a time for availability of funds and any right of the a bank to apply the a deposit to an obligation of the customer, the depositor, a deposit of money becomes available for withdrawal as of right at the opening of the bank's next banking day following after receipt of the deposit.

SB358, s. 59 Section 59. 404.213 of the statutes is created to read:

SB358,86,10 404.213 Medium and time of settlement by bank. (1) With respect to settlement by a bank, the medium and time of settlement may be prescribed by federal reserve regulations or circulars, clearinghouse rules and the like, or agreement. In the absence of such prescription, all of the following apply:

SB358,86,12 (a) The medium of settlement is cash or credit to an account in a federal reserve bank of or specified by the person to receive settlement.

SB358,86,13 (b) The time of settlement is:

SB358,86,15 1. With respect to tender of settlement by cash, a cashier's check, or teller's check, when the cash or check is sent or delivered.

SB358,86,17 2. With respect to tender of settlement by credit in an account in a federal reserve bank, when the credit is made.

SB358,86,20 3. With respect to tender of settlement by a credit or debit to an account in a bank, when the credit or debit is made or, in the case of tender of settlement by authority to charge an account, when the authority is sent or delivered.

SB358,86,22 4. With respect to tender of settlement by a funds transfer, when payment is made pursuant to s. 410.406 (1) to the person receiving settlement.

SB358,86,25 (2) If the tender of settlement is not by a medium authorized by sub. (1) or the time of settlement is not fixed by sub. (1), no settlement occurs until the tender of settlement is accepted by the person receiving settlement.

SB358,87,2 (3) If settlement for an item is made by cashier's check or teller's check and the person receiving settlement, before its midnight deadline does any of the following:

SB358,87,4 (a) Presents or forwards the check for collection, settlement is final when the check is finally paid.

SB358,87,6 (b) Fails to present or forward the check for collection, settlement is final at the midnight deadline of the person receiving settlement.

SB358,87,10 (4) If settlement for an item is made by giving authority to charge the account of the bank giving settlement in the bank receiving settlement, settlement is final when the charge is made by the bank receiving settlement if there are funds available in the account for the amount of the item.

SB358, s. 60 Section 60. 404.214 of the statutes is renumbered 404.216 and amended to read:

SB358,87,17 404.216 Insolvency and preference. (1) Any If an item is in or coming comes into the possession of a payor payer or collecting bank which that suspends payment and which the item is has not been finally paid shall, the item must be returned by the receiver, trustee or agent in charge of the closed bank to the presenting bank or the closed bank's customer.

SB358,87,21 (2) If a payor payer bank finally pays an item and suspends payments without making a settlement for the item with its customer or the presenting bank which settlement is or becomes final, the owner of the item has a preferred claim against the payor payer bank.

SB358,88,2 (3) If a payor payer bank gives or a collecting bank gives or receives a provisional settlement for an item and thereafter suspends payments, the suspension does not prevent or interfere with the settlement settlement's becoming final if such the finality occurs automatically upon the lapse of certain time or the happening of certain events (ss. 404.211 (3) and 404.213 (1) (d), (2) and (3)).

SB358,88,6 (4) If a collecting bank receives from subsequent parties settlement for an item, which settlement is or becomes final and the bank suspends payments without making a settlement for the item with its customer which settlement is or becomes final, the owner of the item has a preferred claim against such the collecting bank.

SB358, s. 61 Section 61. 404.214 (2) of the statutes is created to read:

SB358,88,9 404.214 (2) A collecting bank returns an item when it is sent or delivered to the bank's customer or transferor or pursuant to its instructions.

SB358, s. 62 Section 62. 404.215 (2) of the statutes is created to read:

SB358,88,12 404.215 (2) If provisional settlement for an item does not become final, the item is not finally paid.

SB358, s. 63 Section 63. The unnumbered subchapter title preceding 404.301 of the statutes is numbered subchapter III (title) of chapter 404 and amended to read:

SB358,88,17 Subchapter III Collection of items: payor payer banks

SB358, s. 64 Section 64. 404.301 of the statutes is amended to read:

SB358,89,2 404.301 (title) Deferred posting; recovery of payment by return of items; time of dishonor; return of items by payer bank. (1) Where an authorized settlement If a payor bank settles for a demand item (other than a documentary draft) received by a payor bank presented otherwise than for immediate payment over the counter has been made before midnight of the banking day of receipt, the payor payer bank may revoke the settlement and recover any payment the settlement if, before it has made final payment (s. 404.213 (1)) and before its midnight deadline, it does any of the following:

SB358,89,3 (a) Returns the item; or.

SB358,89,5 (b) Sends written notice of dishonor or nonpayment if the item is held for protest or is otherwise unavailable for return.

SB358,89,9 (2) If a demand item is received by a payor payer bank for credit on its books, it may return such 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).

SB358,89,12 (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.

SB358,89,13 (4) An item is returned: