Kentucky Statutes 355.4-405 – Death or incompetence of customer
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(1) A payor or collecting bank’s authority to accept, pay, or collect an item or to account for proceeds of its collection, if otherwise effective, is not rendered ineffective by incompetence of a customer of either bank existing at the time the item is issued or its collection is undertaken if the bank does not know of an adjudication of incompetence. Neither death nor incompetence of a customer revokes the authority to accept, pay, collect, or account until the bank knows of the fact of death or of an adjudication of incompetence and has reasonable opportunity to act on it.
(2) Even with knowledge, a bank may for ten (10) days after the date of death pay or certify checks drawn on or before that date unless ordered to stop payment by a person claiming an interest in the account.
Effective: January 1, 1997
History: Amended 1996 Ky. Acts ch. 130, sec. 105, effective January 1, 1997. — Created 1958 Ky. Acts ch. 77, sec. 4-405, effective July 1, 1960.
(2) Even with knowledge, a bank may for ten (10) days after the date of death pay or certify checks drawn on or before that date unless ordered to stop payment by a person claiming an interest in the account.
Terms Used In Kentucky Statutes 355.4-405
- 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
Effective: January 1, 1997
History: Amended 1996 Ky. Acts ch. 130, sec. 105, effective January 1, 1997. — Created 1958 Ky. Acts ch. 77, sec. 4-405, effective July 1, 1960.