Title 11, Chapter 4, Section 202
( 11-4-202)
Responsibility for collection or return; when action timely. (a) A collecting bank must exercise ordinary care in: (1) Presenting an item or sending it for presentment; (2) Sending notice of dishonor or nonpayment or returning an item
other than a documentary draft to the bank's transferor after
learning that the item has not been paid or accepted, as the case
may be; (3) Settling for an item when the bank receives final settlement;
and (4) Notifying its transferor of any loss or delay in transit
within a reasonable time after discovery thereof. (b) A collecting bank exercises ordinary care under subsection (a)
of this Code section by taking proper action before its midnight
deadline following receipt of an item, notice, or settlement.
Taking proper action within a reasonably longer time may constitute
the exercise of ordinary care, but the bank has the burden of
establishing timeliness. (c) Subject to paragraph (1) of subsection (a) of this Code section,
a bank is not liable for the insolvency, neglect, misconduct,
mistake, or default of another bank or person or for loss or
destruction of an item in the possession of others or in transit. |