Title 11, Chapter 4, Section 303
( 11-4-303)
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 comes 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 thereon 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, clearing-house rule, or agreement; (4) The bank becomes accountable for the amount of the item under Code Section 11-4-302 dealing 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 no cutoff hour is fixed, the close of
the next banking day after the banking day on which the bank
received the check. (b) Subject to subsection (a) of this Code section, items may be
accepted, paid, certified, or charged to the indicated account of
its customer in any order. |