Maryland Code § CL-4-406

Section CL-4-406
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(a) A bank that sends or makes available to a customer a statement of
account showing payment of items for the account shall either return or make
available to the customer the items paid or provide information in the statement of
account sufficient to allow the customer reasonably to identify the items paid. The
statement of account provides sufficient information if the item is described by item
number, amount, and date of payment.
(b) If the items are not returned to the customer, the person retaining the
items shall either retain the items or, if the items are destroyed, maintain the
capacity to furnish legible copies of the items until the expiration of 7 years after
receipt of the items. A customer may request an item from the bank that paid the
item, and that bank must provide in a reasonable time either the item or, if the item
has been destroyed or is not otherwise obtainable, a legible copy of the item.
(c) If a bank sends or makes available a statement of account or items
pursuant to subsection (a), the customer must exercise reasonable promptness in
examining the statement or the items to determine whether any payment was not
authorized because of an alteration of an item or because a purported signature by or
on behalf of the customer was not authorized. If, based on the statement or items
provided, the customer should reasonably have discovered the unauthorized
payment, the customer must promptly notify the bank of the relevant facts.

(d) If the bank proves that the customer failed, with respect to an item, to
comply with the duties imposed on the customer by subsection (c) the customer is
precluded from asserting against the bank:
(1) The customer's unauthorized signature of the customer or any
alteration on the item, if the bank also proves that it suffered a loss by reason of the
failure; and
(2) The customer's unauthorized signature or alteration by the same
wrongdoer on any other item paid in good faith by the bank if the payment was made
before the bank received notice from the customer of the unauthorized signature or
alteration and after the customer had been afforded a reasonable period of time, not
exceeding 30 days, in which to examine the item or statement of account and notify
the bank.
(e) If subsection (d) applies and the customer proves that the bank failed to
exercise ordinary care in paying the item and that the failure substantially
contributed to loss, the loss is allocated between the customer precluded and the bank
asserting the preclusion according to the extent to which the failure of the customer
to comply with subsection (c) and the failure of the bank to exercise ordinary care
contributed to the loss. If the customer proves that the bank did not pay the item in
good faith, the preclusion under subsection (d) does not apply.
(f) Without regard to care or lack of care of either the customer or the bank,
a customer who does not within 12 months after the statement or items are made
available to the customer (subsection (a)) discover and report the customer's
unauthorized signature on or any alteration on the item is precluded from asserting
against the bank the unauthorized signature or alteration. If there is a preclusion
under this subsection, the payor bank may not recover for breach of warranty under
§ 4-208 with respect to the unauthorized signature or alteration to which the
preclusion applies.

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