North Dakota Code § 41-04-14

(4-202) Responsibility for collection or return - When action timely
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1. A collecting bank must exercise ordinary care in the following matters:
a. Presenting an item or sending it for presentment.
b. Sending notice of dishonor or nonpayment or returning an item other than a 
documentary draft to the bank's transferor after learning that the item has not 
been paid or accepted.
c. Settling for an item when the bank receives final settlement.
d. Notifying its transferor of any loss or delay in transit within a reasonable time after 
discovery thereof.
2. A collecting bank exercises ordinary care under subsection 1 by taking proper action 
before its midnight deadline following receipt of an item, notice, or settlement. Taking 
proper action within a reasonably longer time may constitute the exercise of ordinary 
care but the bank has the burden of so establishing.
3. Subject to subdivision a of subsection 1, a bank is not liable for the insolvency, neglect, 
misconduct, mistake, or default of another bank or person or for loss or destruction of 
an item in transit or in the possession of others.

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