(5) If sub. (4) applies and the customer proves that the bank failed to exercise ordinary care in paying the item and that the failure substantially contributed to loss, the loss is allocated between the customer precluded and the bank asserting the preclusion according to the extent to which the failure of the customer to comply with sub. (3) and the failure of the bank to exercise ordinary care contributed to the loss. If the customer proves that the bank did not pay the item in good faith, the preclusion under sub. (4) does not apply.
449,87
Section 87
. 404.407 of the statutes is amended to read:
404.407 (title) Payor
Payer bank's right to subrogation on improper payment. If a payor payer bank has paid an item over the stop payment order of the drawer or maker to stop payment, or after an account has been closed, or otherwise under circumstances giving a basis for objection by the drawer or maker, to prevent unjust enrichment and only to the extent necessary to prevent loss to the bank by reason of its payment of the item, the payor payer bank shall be is subrogated to the rights of all of the following:
(1) Of any Any holder in due course on the item against the drawer or maker; and.
(2) Of the The payee or any other holder of the item against the drawer or maker either on the item or under the transaction out of which the item arose; and.
(3) Of the The drawer or maker against the payee or any other holder of the item with respect to the transaction out of which the item arose.
449,88
Section 88
. The unnumbered subchapter title preceding 404.501 of the statutes is numbered subchapter V (title) of chapter 404 and amended to read:
Chapter 404
Subchapter V
Collection of documentary drafts.
449,89
Section 89
. 404.501 of the statutes is amended to read:
404.501 Handling of documentary drafts; duty to send for presentment and to notify customer of dishonor. A bank which that takes a documentary draft for collection must shall prepare or send the draft and accompanying documents for presentment and, upon learning that the draft has not been paid or accepted in due course must, shall seasonably notify its customer of such the fact even though it may have discounted or bought the draft or extended credit available for withdrawal as of right.
449,90
Section 90
. 404.502 of the statutes is amended to read:
404.502 Presentment of “on arrival" drafts.
When If a draft or the relevant instructions require presentment “on arrival", “when goods arrive" or the like, the collecting bank need not present until in its judgment a reasonable time for arrival of the goods has expired. Refusal to pay or accept because the goods have not arrived is not dishonor; the bank must notify its transferor of such the refusal but need not present the draft again until it is instructed to do so or learns of the arrival of the goods.
449,91
Section 91
. 404.503 of the statutes is amended to read:
404.503 Responsibility of presenting bank for documents and goods; report of reasons for dishonor; referee in case of need. (1) Unless otherwise instructed and except as provided in ch. 405, a bank presenting a documentary draft:
(a) Must deliver the documents to the drawee on acceptance of the draft if it is payable more than 3 days after presentment; otherwise, only on payment; and
.
(b) Upon dishonor, either in the case of presentment for acceptance or presentment for payment, may seek and follow instructions from any referee in case of need designated in the draft or, if the presenting bank does not choose to utilize the referee's services, it must use diligence and good faith to ascertain the reason for dishonor, must notify its transferor of the dishonor and of the results of its effort to ascertain the reasons therefor and must request instructions.
(2) The presenting bank is under no obligation with respect to goods represented by the documents except to follow any reasonable instructions seasonably received; it has a right to reimbursement for any expense incurred in following instructions and to prepayment of or indemnity for such those expenses.
449,92
Section 92
. 404.504 of the statutes is amended to read:
404.504 Privilege of presenting bank to deal with goods; security interest for expenses. (1) A presenting bank which that, following the dishonor of a documentary draft, has seasonably requested instructions but does not receive them within a reasonable time may store, sell, or otherwise deal with the goods in any reasonable manner.
(2) For its reasonable expenses incurred by action under sub. (1), the presenting bank has a lien upon the goods or their proceeds, which may be foreclosed in the same manner as an unpaid seller's lien.
449,93
Section 93
. 405.103 (3) (a) of the statutes is repealed and recreated to read:
405.103 (3) (a) “Acceptance" — s. 403.409 (1).
449,94
Section 94
. 409.203 (1) (intro.) of the statutes is amended to read:
409.203 (1) (intro.) Subject to s. 404.208 404.210 on the security interest of a collecting bank, s. 408.321 on security interests in securities and s. 409.113 on a security interest arising under ch. 402 or 411, a security interest is not enforceable against the debtor or 3rd parties with respect to the collateral and does not attach unless:
449,94m
Section 94m. 409.302 (1) (d) of the statutes is amended to read:
409.302 (1) (d) A purchase money security interest in consumer goods having a purchase price not in excess of $500; but fixture filing is required for priority over conflicting interests in fixtures to the extent provided in s. 409.313;
449,95
Section 95
. 409.302 (1) (f) of the statutes is amended to read:
409.302 (1) (f) A security interest of a collecting bank (s. 404.208 404.210) or in securities (s. 408.321) or arising under ch. 402 or 411 (see s. 409.113) or covered in sub. (3);
449,96
Section 96
. 409.312 (1) of the statutes is amended to read:
409.312 (1) The rules of priority stated in ss. 409.301 to 409.311 and 409.313 to 409.318 and in the following sections shall govern when applicable: s. 404.208 404.210 with respect to the security interests of collecting banks in items being collected, accompanying documents and proceeds; s. 409.103 on security interests related to other jurisdictions; s. 409.114 on consignments.
449,97
Section 97
. 410.105 (3) (b) of the statutes is amended to read:
410.105 (3) (b) “Item" — s. 404.104 (1) (g) (i).
449,98
Section 98
. 410.105 (3) (c) of the statutes is amended to read:
410.105 (3) (c) “Suspends payments" — s. 404.104 (1) (k) (L).
449,99
Section 99
. 706.07 (2) (e) of the statutes is amended to read:
706.07 (2) (e) In making or noting a protest of a negotiable instrument, the notarial officer must determine the matters set forth in s. 403.509 403.505 (2).
449,100
Section 100
.
Initial applicability.
(1) This act first applies to transactions and events concerning a promise or order that is a negotiable instrument, as defined under section 403.104 (1) of the statutes, as affected by this act, or an item, as defined under section 404.104 (1) (i) of the statutes, as affected by this act, that is created on the effective date of this subsection
449,101
Section 101
.
Effective date.
(1) This act takes effect on the first day of the first month beginning after publication.
