Definitions and Index of Definitions

(1)In this division unless the context otherwise requires

(a)Account means any account with a bank and includes a checking, time, interest or savings account;

(b)Afternoon means the period of a day between noon and midnight;

(c)Banking day means that part of any day on which a bank is open to the public for carrying on substantially all of its banking COL120106 DIV. 4 BANK DEPOSITS AND COLLECTIONS functions;

(d)Clearinghouse means any association of banks or other payors regularly clearing items;

(e)Customer means any person having an account with a bank or for whom a bank has agreed to collect items and includes a bank carrying an account with another bank;

(f)Documentary draft means any negotiable or nonnegotiable draft with accompanying documents, securities or other papers to be delivered against honor of the draft;

(g)Item means any instrument for the payment of money even though it is not negotiable but does not include money;

(h)Midnight deadline with respect to a bank is midnight on the second banking day following the banking day on which it receives the relevant item or notice or from which the time for taking action commences to run, whichever is later;

(i)Properly payable includes the availability of funds for payment at the time of decision to pay or dishonor;

(j)Settle means to pay in cash by clearinghouse settlement, in a charge or credit or by remittance, or otherwise as instructed. A settlement may be either provisional or final;

(k)Suspends payments with respect to a bank means that it has been closed by order of the supervisory authorities, that a public officer has been appointed to take it over or that it ceases or refuses to make payments in the ordinary course of business.

(2)Other definitions applying to this division and the sections in which they appear are: Collecting bank. Section 4105. Depositary bank. Section 4105. Intermediary bank. Section 4105. Payor bank. Section 4105. Presenting bank. Section 4105. Remitting bank. Section 4105.

(3)The following definitions in other divisions apply to this division: COL120106 DIV. 4 BANK DEPOSITS AND COLLECTIONS Acceptance. Section 3410. Certificate of deposit. Section 3104. Certification. Section 3411. Check. Section 3104. Draft. Section 3104. Holder in due course. Section 3302. Notice of dishonor. Section 3508. Presentment. Section 3504. Protest. Section 3509. Secondary party. Section 3102.

(4)In addition Division 1 contains general definitions and principles of construction and interpretation applicable throughout this division.