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- Alaska Statutes.
- Title 45. Trade and Commerce
- Chapter 4. Bank Deposits and Collections
- Section 303. When Items Subject to Notice, Stop-Payment Order, Legal Process, or Setoff; Order in Which Items May Be Charged or Certified.
previous: Section 302. Payor Bank's Responsibility For Late Return of Item.
next: Section 401. When Bank May Charge Customer's Account.
AS 45.04.303. When Items Subject to Notice, Stop-Payment Order, Legal Process, or Setoff; Order in Which Items May Be Charged or Certified.
- (a) Any knowledge, notice, or stop-payment order received by, legal process served upon, or setoff exercised by a payor
bank is too late to terminate, suspend, or modify the bank's right or duty to pay an item or to charge its customer's
account for the item if the knowledge, notice, stop-payment order, or legal process is received or served and a
reasonable time for the bank to act on it expires or the setoff is exercised after the earliest of the following:
- (1) the bank accepts or certifies the item;
- (2) the bank pays the item in cash;
- (3) the bank settles for the item without having a right to revoke the settlement under statute, clearinghouse rule, or
agreement;
- (4) the bank becomes accountable for the amount of the item under AS 45.04.302, which deals with the payor bank's
responsibility for late return of items; or
- (5) with respect to checks, a cutoff hour no earlier than one hour after the opening of the next banking day after the
banking day on which the bank received the check and no later than the close of that next banking day or, if a cutoff
hour is not fixed, the close of the next banking day after the banking day on which the bank received the check.
- (b) Subject to (a) of this section, items may be accepted, paid, certified, or charged to the indicated account of its
customer in any order.
Article 04. RELATIONSHIP BETWEEN PAYOR BANK AND ITS CUSTOMER
Note to HTML Version:
This version of the Alaska Statutes is current through December, 2004. The Alaska Statutes were automatically converted to HTML from a plain text format. Every effort
has been made to ensure their accuracy, but this can not be guaranteed. If it is critical that the precise terms of the Alaska Statutes be known, it is recommended that more formal sources be consulted. For statutes adopted after the effective date of these statutes, see, Alaska State Legislature
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Last modified 9/3/2005