(a) Any knowledge, notice, or stop-payment order received by, legal process served upon, or setoff exercised by a payor bank is too late to terminate, suspend, or modify the bank’s right or duty to pay an item or to charge its customer‘s account for the item if the knowledge, notice, stop-payment order, or legal process is received or served and a reasonable time for the bank to act on it expires or the setoff is exercised after the earliest of the following:

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Terms Used In Alaska Statutes 45.04.303

  • account: means a deposit or credit account with a bank, including a demand, time, savings, passbook, share draft, or like account, other than an account evidenced by a certificate of deposit. See Alaska Statutes 45.04.104
  • banking day: means that part of a day on which a bank is open to the public for carrying on substantially all of its banking functions. See Alaska Statutes 45.04.104
  • clearinghouse: means an association of banks or other payors regularly clearing items. See Alaska Statutes 45.04.104
  • 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 Alaska Statutes 45.04.104
  • item: means an instrument or a promise or order to pay money handled by a bank for collection or payment. See Alaska Statutes 45.04.104
  • 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.
(1) the bank accepts or certifies the item;
(2) the bank pays the item in cash;
(3) the bank settles for the item without having a right to revoke the settlement under statute, clearinghouse rule, or agreement;
(4) the bank becomes accountable for the amount of the item under Alaska Stat. § 45.04.302, which deals with the payor bank’s responsibility for late return of items; or
(5) with respect to checks, a cutoff hour no earlier than one hour after the opening of the next banking day after the banking day on which the bank received the check and no later than the close of that next banking day or, if a cutoff hour is not fixed, the close of the next banking day after the banking day on which the bank received the check.
(b) Subject to (a) of this section, items may be accepted, paid, certified, or charged to the indicated account of its customer in any order.
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