§ 41-04-01 (4-101) Short title
§ 41-04-02 (4-102) Applicability
§ 41-04-03 (4-103) Variation by agreement – Measure of damages – Action constituting ordinary care
§ 41-04-04 (4-104) Definitions and index of definitions
§ 41-04-05 (4-105) Bank – Collecting bank – Depositary bank – Payor bank – Presenting bank
§ 41-04-06 (4-106) Payable through or payable at bank – Collecting bank
§ 41-04-07 (4-107) Separate office of bank
§ 41-04-08 (4-108) Time of receipt of items
§ 41-04-09 (4-109) Delays
§ 41-04-10 (4-110) Electronic presentment
§ 41-04-11 (4-111) Statute of limitations
§ 41-04-12 Construction of chapter – Branch banking
§ 41-04-13 (4-201) Agency status of collecting banks and provisional status of credit – Applicability of chapter – Item endorsed pay any bank
§ 41-04-14 (4-202) Responsibility for collection or return – When action timely
§ 41-04-15 (4-203) Effect of instructions
§ 41-04-16 (4-204) Methods of sending and presenting – Sending directly to payor bank
§ 41-04-17 (4-205) Depositary bank holder of unendorsed item
§ 41-04-18 (4-206) Transfer between banks
§ 41-04-19 (4-207) Transfer warranties
§ 41-04-20 (4-208) Presentment warranties
§ 41-04-21 (4-209) Encoding and retention warranties
§ 41-04-22 (4-210) Security interest of collecting bank in items, accompanying documents, and proceeds
§ 41-04-23 (4-211) When bank gives value for purposes of holder in due course
§ 41-04-24 (4-212) Presentment by notice of item not payable by, through, or at bank – Liability of drawer or endorser
§ 41-04-25 (4-213) Medium and time of settlement by bank
§ 41-04-26 (4-214) Right of chargeback or refund – Liability of collecting bank – Return of item
§ 41-04-27 (4-215) Final payment of item by payor bank – When provisional debits and credits become final – When certain credits become available for withdrawal
§ 41-04-28 (4-216) Insolvency and preference
§ 41-04-29 (4-301) Deferred posting – Recovery of payment by return of items – Time of dishonor – Return of items by payor bank
§ 41-04-30 (4-302) Payor bank’s responsibility for late return of item
§ 41-04-31 (4-303) When items subject to notice, stop order, legal process, or setoff – Order in which items may be charged or certified
§ 41-04-32 (4-401) When bank may charge customer’s account
§ 41-04-33 (4-402) Bank’s liability to customer for wrongful dishonor – Time of determining insufficiency of account
§ 41-04-34 (4-403) Customer’s right to stop payment – Burden of proof of loss
§ 41-04-35 (4-404) Bank not obliged to pay check more than six months old
§ 41-04-36 (4-405) Death or incompetence of customer
§ 41-04-37 (4-406) Customer’s duty to discover and report unauthorized signature or alteration
§ 41-04-38 (4-407) Payor bank’s right to subrogation on improper payment
§ 41-04-39 (4-501) Handling of documentary drafts – Duty to send for presentment and to notify customer of dishonor
§ 41-04-40 (4-502) Presentment of on arrival drafts
§ 41-04-41 (4-503) Responsibility of presenting bank for documents and goods – Report of reasons for dishonor – Referee in case of need
§ 41-04-42 (4-504) Privilege of presenting bank to deal with goods – Security interest for expenses
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Terms Used In North Dakota Code > Chapter 41-04 - Bank Deposits and Collections

  • Arrest: Taking physical custody of a person by lawful authority.
  • Authorized: when used with reference to a financing statement record, means that the financing statement record was filed by a person authorized to do so as provided in sections 41-09-80 and 41-09-130. See North Dakota Code 41-10-01
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • following: when used by way of reference to a chapter or other part of a statute means the next preceding or next following chapter or other part. See North Dakota Code 1-01-49
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • 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.
  • Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
  • Process: means a writ or summons issued in the course of judicial proceedings. See North Dakota Code 1-01-49
  • Rule: includes regulation. See North Dakota Code 1-01-49
  • 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.
  • Trustee: A person or institution holding and administering property in trust.
  • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
  • written: include "typewriting" and "typewritten" and "printing" and "printed" except in the case of signatures and when the words are used by way of contrast to typewriting and printing. See North Dakota Code 1-01-37
  • year: means twelve consecutive months. See North Dakota Code 1-01-33