Delaware Code § 6-4-301

Deferred posting; recovery of payment by return of items; time of dishonor; return of items by
Open in Lexace · Ask the AI about this section
payor bank.
(a) If a payor bank settles for a demand item other than a documentary draft presented otherwise than for immediate payment over the
counter before midnight of the banking day of receipt, the payor bank may revoke the settlement and recover the settlement if, before it
has made final payment and before its midnight deadline, it
(1) returns the item; or
(2) sends written notice of dishonor or nonpayment if the item is unavailable for return.
(b) If a demand item is received by a payor bank for credit on its books, it may return the item or send notice of dishonor and may revoke
any credit given or recover the amount thereof withdrawn by its customer, if it acts within the time limit and in the manner specified
in subsection (a).
(c) Unless previous notice of dishonor has been sent, an item is dishonored at the time when for purposes of dishonor it is returned
or notice sent in accordance with this section.
(d) An item is returned:
(1) As to an item presented through a clearing house, when it is delivered to the presenting or last collecting bank or to the clearing
house or is sent or delivered in accordance with clearing-house rules; or
(2) In all other cases, when it is sent or delivered to the bank's customer or transferor or pursuant to instructions.
(5A Del. C. 1953, § 4-301; 55 Del. Laws, c. 349; 70 Del. Laws, c. 86, § 4.)

‹ Prev All Delaware sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.