Title 11, Chapter 4, Section 201
( 11-4-201)
Status of collecting bank as agent and provisional status of credits; applicability of article; item indorsed "pay any bank." (a) Unless a contrary intent clearly appears and before the time
that a settlement given by a collecting bank for an item is or
becomes final, the bank, with respect to the item, is an agent or
subagent of the owner of the item and any settlement given for the
item is provisional. This provision applies regardless of the form
of indorsement or lack of indorsement and even though credit given
for the item is subject to immediate withdrawal as of right or is in
fact withdrawn; but the continuance of ownership of an item by its
owner and any rights of the owner to proceeds of the item are
subject to rights of a collecting bank, such as those resulting from
outstanding advances on the item and rights of recoupment or setoff.
If an item is handled by banks for purposes of presentment, payment,
collection, or return, the relevant provisions of this article apply
even though action of the parties clearly establishes that a
particular bank has purchased the item and is the owner of it. (b) After an item has been indorsed with the words "pay any bank" or
the like, only a bank may acquire the rights of a holder until the
item has been: (1) Returned to the customer initiating collection; or (2) Specially indorsed by a bank to a person who is not a bank. |