47-4104. Definitions and index of definitions

553 words·~3 min read·/az/title-47/47-4104

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

A. In this chapter, unless the context otherwise requires:

1. "Account" means any 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.

2. "Afternoon" means the period of a day between noon and midnight.

3. "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.

4. "Clearing house" means an association of banks or other payors regularly clearing items.

5. "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.

6. "Documentary draft" means a draft to be presented for acceptance or payment if specified documents, certificated securities (section 47-8102) or instructions for uncertificated securities (section 47-8102) or other certificates, statements or the like are to be received by the drawee or other payor before acceptance or payment of the draft.

7. "Draft" means a draft as defined in section 47-3104 or an item, other than an instrument, that is an order.

8. "Drawee" means a person ordered in a draft to make payment.

9. "Item" means an instrument or a promise or order to pay money handled by a bank for collection or payment. The term does not include a payment order governed by chapter 4A of this title or a credit or debit card slip.

10. "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.

11. "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.

12. "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.

B. Other definitions applying to this chapter and the sections in which they appear are:

1. "Agreement for electronic presentment". Section 47-4110.

2. "Bank". Section 47-4105.

3. "Collecting bank". Section 47-4105.

4. "Depositary bank". Section 47-4105.

5. "Intermediary bank". Section 47-4105.

6. "Payor bank". Section 47-4105.

7. "Presenting bank". Section 47-4105.

8. "Presentment notice". Section 47-4110.

C. "Control" as provided in section 47-7106 and the following definitions in other chapters apply to this chapter:

1. "Acceptance". Section 47-3409.

2. "Alteration". Section 47-3407.

3. "Cashier's check". Section 47-3104.

4. "Certificate of deposit". Section 47-3104.

5. "Certified check". Section 47-3409.

6. "Check". Section 47-3104.

7. "Good faith". Section 47-3103.

8. "Holder in due course". Section 47-3302.

9. "Instrument". Section 47-3104.

10. "Notice of dishonor". Section 47-3503.

11. "Order". Section 47-3103.

12. "Ordinary care". Section 47-3103.

13. "Person entitled to enforce". Section 47-3301.

14. "Presentment". Section 47-3501.

15. "Promise". Section 47-3103.

16. "Prove". Section 47-3103.

17. "Teller's check". Section 47-3104.

18. "Unauthorized signature". Section 47-3403.

D. In addition, chapter 1 of this title contains general definitions and principles of construction and interpretation applicable throughout this chapter.