§4213. Medium and time of settlement by bank.  


Latest version.
  • (a) Certain rules regarding settlement by bank.--With respect to settlement by a bank, the medium and time of settlement may be prescribed by Federal Reserve regulations or circulars, clearinghouse rules, and the like, or agreement. In the absence of such prescription:

    (1) the medium of settlement is cash or credit to an account in a Federal Reserve bank of or specified by the person to receive settlement; and

    (2) the time of settlement is:

    (i) with respect to tender of settlement by cash, a cashier's check or teller's check, when the cash or check is sent or delivered;

    (ii) with respect to tender of settlement by credit in an account in a Federal Reserve bank, when the credit is made;

    (iii) with respect to tender of settlement by a credit or debit to an account in a bank, when the credit or debit is made or, in the case of tender of settlement by authority to charge an account, when the authority is sent or delivered; or

    (iv) with respect to tender of settlement by a funds transfer, when payment is made pursuant to section 4A406(a) (relating to payment by originator to beneficiary; discharge of underlying obligation) to the person receiving settlement.

    (b) When settlement occurs under certain circumstances not covered by subsection (a).--If the tender of settlement is not by a medium authorized by subsection (a) or the time of settlement is not fixed by subsection (a), no settlement occurs until the tender of settlement is accepted by the person receiving settlement.

    (c) Settlement by cashier's check or teller's check.--If settlement for an item is made by cashier's check or teller's check and the person receiving settlement, before its midnight deadline:

    (1) presents or forwards the check for collection, settlement is final when the check is finally paid; or

    (2) fails to present or forward the check for collection, settlement is final at the midnight deadline of the person receiving settlement.

    (d) Settlement by tender of authority to charge account of bank making settlement in bank receiving settlement.--If settlement for an item is made by giving authority to charge the account of the bank giving settlement in the bank receiving settlement, settlement is final when the charge is made by the bank receiving settlement if there are funds available in the account for the amount of the item.

(July 9, 1992, P.L.507, No.97, eff. one year)

Notation

1992 Amendment.  Act 97 added present section 4213 and renumbered former section 4213 to present section 4215.