Title 11, Chapter 4, Section 210
( 11-4-210)
Security interest of collecting bank in items, accompanying documents, and proceeds. (a) A collecting bank has a security interest in an item and any
accompanying documents or the proceeds of either: (1) In case of an item deposited in an account, to the extent to
which credit given for the item has been withdrawn or applied; (2) In case of an item for which it has given credit available for
withdrawal as of right, to the extent of the credit given whether
or not the credit is drawn upon or there is a right of
charge-back; or (3) If it makes an advance on or against the item. (b) If credit given for several items received at one time or
pursuant to a single agreement is withdrawn or applied in part, the
security interest remains upon all the items, any accompanying
documents, or the proceeds of either. For the purpose of this Code
section, credits first given are first withdrawn. (c) Receipt by a collecting bank of a final settlement for an item
is a realization on its security interest in the item, accompanying
documents, and proceeds. So long as the bank does not receive final
settlement for the item or give up possession of the item or
accompanying documents for purposes other than collection, the
security interest continues to that extent and is subject to Article
9 of this title, but: (1) No security agreement is necessary to make the security interest enforceable (subparagraph (b)(3)(A) of Code Section 11-9-203); (2) No filing is required to perfect the security interest; and (3) The security interest has priority over conflicting perfected
security interests in the item, accompanying documents, or
proceeds. |