lawyer at desk

Ask a business law question, get an answer ASAP!
Thousands of highly rated, verified business lawyers.
Click here to chat with a lawyer about your rights.

Terms Used In Michigan Laws 440.4104

  • Account: means any depositor 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 Michigan Laws 440.4104
  • Bank: means a person engaged in the business of banking, including a saving bank, saving and loan association, credit union, or trust company. See Michigan Laws 440.4105
  • 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 Michigan Laws 440.4104
  • Clearing-house: means an association of banks or other payors regularly clearing items. See Michigan Laws 440.4104
  • Consumer: means an individual who enters into a transaction primarily for personal, family, or household purposes. See Michigan Laws 440.1201
  • Draft: means a draft as defined in section 3104 or an item, other than an instrument, that is an order. See Michigan Laws 440.4104
  • Drawee: means a person ordered in a draft to make payment. See Michigan Laws 440.4104
  • Item: means an instrument or a promise or order to pay money handled by a bank for collection or pay. See Michigan Laws 440.4104
  • Money: means a medium of exchange authorized or adopted by a domestic or foreign government. See Michigan Laws 440.1201
  • Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, or instrumentality, public corporation, or any other legal or commercial entity. See Michigan Laws 440.1201
  • 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.
  • Term: means a portion of an agreement that relates to a particular matter. See Michigan Laws 440.1201
    (1) As used in this article unless the context otherwise requires:
    (a) “Account” means any depositor 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.
    (b) “Afternoon” means the period of a day between noon and midnight.
    (c) “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.
    (d) “Clearing-house” means an association of banks or other payors regularly clearing items.
    (e) “Customer” means any 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.
    (f) “Documentary draft” means a draft to be presented for acceptance or payment if specified documents, certificated securities as defined in section 8102 or instructions for uncertificated securities as defined in section 8102, or other certificates, statements, or the like are to be received by the drawee or other payor before acceptance or payment of the draft.
    (g) “Draft” means a draft as defined in section 3104 or an item, other than an instrument, that is an order.
    (h) “Drawee” means a person ordered in a draft to make payment.
    (i) “Item” means an instrument or a promise or order to pay money handled by a bank for collection or pay. The term does not include a payment order governed by article 4a or a credit or debit card slip.
    (j) “Midnight deadline” with respect to a bank is midnight on its next banking day following the banking day on which it receives the relevant item or notice or from which the time for taking action commences to run, whichever is later.
    (k) “Settle” means to pay in cash, by clearing-house settlement, in a charge or credit or by remittance, or otherwise as agreed. A settlement may be either provisional or final.
    (l) “Suspends payments” with respect to a bank means that it has been closed by order of the supervisory authorities, that a public officer has been appointed to take it over or that it ceases or refuses to make payments in the ordinary course of business.
    (2) Other definitions applying to this article and the sections in which they appear are:

“Agreement for electronic presentment”. Section 4110.
“Collecting bank”. Section 4105.
“Depositary bank”. Section 4105.
“Intermediary bank”. Section 4105.
“Payor bank”. Section 4105.
“Presenting bank”. Section 4105.
“Presentment notice”. Section 4110.

(3) “Control” as provided in section 7106 and the following definitions in other articles apply to this article:

“Acceptance”. Section 3409.
“Alteration”. Section 3409.
“Certificate of deposit”. Section 3104.
“Cashier’s check”. Section 3104.
“Certified check”. Section 3409.
“Check”. Section 3104.
“Draft”. Section 3104.
“Holder in due course”. Section 3302.
“Instrument”. Section 3104.
“Notice of dishonor”. Section 3503.
“Order”. Section 3103.
“Ordinary care”. Section 3103.
“Person entitled to enforce”. Section 3301.
“Presentment”. Section 3501.
“Promise”. Section 3103.
“Prove”. Section 3103.
“Remotely created consumer item”. Section 3103.
“Teller’s check”. Section 3104.
“Unauthorized signature”. Section 3403.

(4) In addition, article 1 contains general definitions and principles of construction and interpretation applicable throughout this article.

    

  Previous section
Next section  
 Part 1 Contents