§ 5002. Definitions

1,024 words·~5 min read·/usc/title-12/section-5002

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For purposes of this chapter, the following definitions shall apply:

(1)Account The term “account” means a deposit account at a bank.

(2)Bank The term “bank” means any person that is located in a State and engaged in the business of banking and includes—

(A)any depository institution (as defined in section 461(b)(1)(A) of this title);

(B)any Federal reserve bank;

(C)any Federal home loan bank; or

(D)to the extent it acts as a payor—

(i)the Treasury of the United States;

(ii)the United States Postal Service;

(iii)a State government; or

(iv)a unit of general local government (as defined in section 4001(24) of this title).

(3)Banking terms

(A)Collecting bank The term “collecting bank” means any bank handling a check for collection except the paying bank.

(B)Depositary bank The term “depositary bank” means—

(i)the first bank to which a check is transferred, even if such bank is also the paying bank or the payee; or

(ii)a bank to which a check is transferred for deposit in an account at such bank, even if the check is physically received and indorsed first by another bank.

(C)Paying bank The term “paying bank” means—

(i)the bank by which a check is payable, unless the check is payable at or through another bank and is sent to the other bank for payment or collection; or

(ii)the bank at or through which a check is payable and to which the check is sent for payment or collection.

(D)Returning bank

(i)In general The term “returning bank” means a bank (other than the paying or depositary bank) handling a returned check or notice in lieu of return.

(ii)Treatment as collecting bank No provision of this chapter shall be construed as affecting the treatment of a returning bank as a collecting bank for purposes of section 4–202(b) of the Uniform Commercial Code.

(4)Board The term “Board” means the Board of Governors of the Federal Reserve System.

(5)Business day The term “business day” has the same meaning as in section 4001(3) of this title.

(6)Check The term “check”—

(A)means a draft, payable on demand and drawn on or payable through or at an office of a bank, whether or not negotiable, that is handled for forward collection or return, including a substitute check and a travelers check; and

(B)does not include a noncash item or an item payable in a medium other than United States dollars.

(7)Consumer The term “consumer” means an individual who—

(A)with respect to a check handled for forward collection, draws the check on a consumer account; or

(B)with respect to a check handled for return, deposits the check into, or cashes the check against, a consumer account.

(8)Consumer account The term “consumer account” has the same meaning as in section 4001(10) of this title.

(9)Customer The term “customer” means a person having an account with a bank.

(10)Forward collection The term “forward collection” means the transfer by a bank of a check to a collecting bank for settlement or the paying bank for payment.

(11)Indemnifying bank The term “indemnifying bank” means a bank that is providing an indemnity under section 5005 of this title with respect to a substitute check.

(12)MICR line The terms “MICR line” and “magnetic ink character recognition line” mean the numbers, which may include the bank routing number, account number, check number, check amount, and other information, that are printed near the bottom of a check in magnetic ink in accordance with generally applicable industry standards.

(13)Noncash item The term “noncash item” has the same meaning as in section 4001(14) of this title.

(14)Person The term “person” means a natural person, corporation, unincorporated company, partnership, government unit or instrumentality, trust, or any other entity or organization.

(15)Reconverting bank The term “reconverting bank” means—

(A)the bank that creates a substitute check; or

(B)if a substitute check is created by a person other than a bank, the first bank that transfers or presents such substitute check.

(16)Substitute check The term “substitute check” means a paper reproduction of the original check that—

(A)contains an image of the front and back of the original check;

(B)bears a MICR line containing all the information appearing on the MICR line of the original check, except as provided under generally applicable industry standards for substitute checks to facilitate the processing of substitute checks;

(C)conforms, in paper stock, dimension, and otherwise, with generally applicable industry standards for substitute checks; and

(D)is suitable for automated processing in the same manner as the original check.

(17)State The term “State” has the same meaning as in section 1813(a) of this title.

(18)Truncate The term “truncate” means to remove an original paper check from the check collection or return process and send to a recipient, in lieu of such original paper check, a substitute check or, by agreement, information relating to the original check (including data taken from the MICR line of the original check or an electronic image of the original check), whether with or without subsequent delivery of the original paper check.

(19)Uniform Commercial Code The term “Uniform Commercial Code” means the Uniform Commercial Code in effect in a State.

(20)Other terms Unless the context requires otherwise, the terms not defined in this section shall have the same meanings as in the Uniform Commercial Code.

(Pub. L. 108–100, § 3, Oct. 28, 2003, 117 Stat. 1178.)

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