Kentucky Statutes 355.4-215 – Final payment of item by payor bank — When provisional debits and credits become final — When certain credits become available for withdrawal
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(1) An item is finally paid by a payor bank when the bank has first done any of the following:
(a) Paid the item in cash;
(b) Settled for the item without having a right to revoke the settlement under statute, clearing-house rule, or agreement; or
(c) Made a provisional settlement for the item and failed to revoke the settlement in the time and manner permitted by statute, clearing-house rule, or agreement.
(2) If provisional settlement for an item does not become final, the item is not finally paid.
(3) If provisional settlement for an item between the presenting and payor banks is made through a clearing-house 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 banks or between the presenting and successive prior collecting banks seriatim, they become final upon final payment of the item by the payor bank.
(4) If a collecting bank receives a settlement for an item which is or becomes final, 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.
(5) (a) Subject to:
1. Applicable law stating a time for availability of funds; and
2. 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 account with its customer becomes available for withdrawal as of right as set out in paragraph (b) of this subsection.
(b) 1. If the bank has received a provisional settlement for the item, the credit becomes available when the settlement becomes final and the bank has had a reasonable time to receive return of the item and the item has not been received within that time;
2. If the bank is both the depositary bank and the payor bank, and the item is finally paid, the credit becomes available at the opening of the bank’s second banking day following receipt of the item.
(6) Subject to applicable law stating a time for availability of funds and any right of a bank to apply a deposit to an obligation of the depositor, a deposit of money becomes available for withdrawal as of right at the opening of the bank’s next banking day after receipt of the deposit.
Effective: January 1, 1997
History: Repealed, reenacted, renumbered as KRS § 355.4-215, and amended 1996 Ky.
Acts ch. 130, sec. 97, effective January 1, 1997. — Created 1958 Ky. Acts ch. 77, sec.
4-213, effective July 1, 1960.
Formerly codified as KRS § 355.4-213.
(a) Paid the item in cash;
Terms Used In Kentucky Statutes 355.4-215
- 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. See Kentucky Statutes 355.4-104
- 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. See Kentucky Statutes 355.4-104
- Item: means an instrument or a promise or order to pay money handled by a bank for collection or payment. See Kentucky Statutes 355.4-104
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- Statute: A law passed by a legislature.
(b) Settled for the item without having a right to revoke the settlement under statute, clearing-house rule, or agreement; or
(c) Made a provisional settlement for the item and failed to revoke the settlement in the time and manner permitted by statute, clearing-house rule, or agreement.
(2) If provisional settlement for an item does not become final, the item is not finally paid.
(3) If provisional settlement for an item between the presenting and payor banks is made through a clearing-house 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 banks or between the presenting and successive prior collecting banks seriatim, they become final upon final payment of the item by the payor bank.
(4) If a collecting bank receives a settlement for an item which is or becomes final, 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.
(5) (a) Subject to:
1. Applicable law stating a time for availability of funds; and
2. 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 account with its customer becomes available for withdrawal as of right as set out in paragraph (b) of this subsection.
(b) 1. If the bank has received a provisional settlement for the item, the credit becomes available when the settlement becomes final and the bank has had a reasonable time to receive return of the item and the item has not been received within that time;
2. If the bank is both the depositary bank and the payor bank, and the item is finally paid, the credit becomes available at the opening of the bank’s second banking day following receipt of the item.
(6) Subject to applicable law stating a time for availability of funds and any right of a bank to apply a deposit to an obligation of the depositor, a deposit of money becomes available for withdrawal as of right at the opening of the bank’s next banking day after receipt of the deposit.
Effective: January 1, 1997
History: Repealed, reenacted, renumbered as KRS § 355.4-215, and amended 1996 Ky.
Acts ch. 130, sec. 97, effective January 1, 1997. — Created 1958 Ky. Acts ch. 77, sec.
4-213, effective July 1, 1960.
Formerly codified as KRS § 355.4-213.