Exam 28: Bank Deposits, Collections, and Funds Transfers

Sylvia draws a check on ABC Bank payable "to the order of Ann Smith." Ann indorses it and deposits it in her account at First Bank.First Bank is a:

The Competitive Equality Banking Act:

The duty of care exercised by a collecting bank in handling an item transferred to it for collection does not include:

If First Bank receives a check for collection on Friday at 4:30 p.m., it does not have to present the check to the payor bank by midnight Saturday.

MATCHING Part V Matching Match each statement with the correct term below.a.An order to pay a fixed sum of money, signed by a drawer, payable on demand or at a definite time.b.A specialized form of draft; an order to pay money drawn on a bank and payable on demand.c.Legal concept that makes written instruments freely transferable and therefore a readily accepted substitute for money.d.An instrument that is payable to the possessor; a check that is made payable to cash or that is indorsed in blank.e.A person who is in possession of an instrument drawn, issued, or indorsed to him or to his order, or to bearer or in blank.f.An indorsement that specifies no indorsee and may consist of merely the signature of the indorser or her authorized agent.g.Issuer of a promissory note or CD.h.A written acknowledgement by a bank of the receipt of money that it promises to repay; a specialized form of promise to pay money that is given by a bank.i.A person or organization to whom a draft is directed and who is ordered to pay the amount of money specified therein; the bank on which a check is drawn.j.Issuer of a check or draft; the person on whose account a draft is drawn.k.An indorsement that attempts to limit the rights of the indorsee in some fashion.l.Signature that identifies an indorsee to be paid; makes the instrument order paper.m.The person to receive payment by an instrument..n.Defenses to liability on a negotiable instrument which are good against holders unless they are holders in due course.o.An instrument involving two parties, one of whom promises to pay the second a stated sum of money either on demand or at a stated future date.p.Person who signs an instrument to lend her credit to another party to the instrument.q.The transferee of an instrument acquires the same rights in the instrument as the transferor had.r.Acceptance of a check by a bank.s.Drawee which agrees to become primarily liable on a draft.t.An instrument that requires both transfer of its possession and indorsement by the appropriate parties for the transferee to become a holder.u.Defenses good against all holders, including holders in due course. -blank indorsement

MATCHING Part V Matching Match each statement with the correct term below.a.An order to pay a fixed sum of money, signed by a drawer, payable on demand or at a definite time.b.A specialized form of draft; an order to pay money drawn on a bank and payable on demand.c.Legal concept that makes written instruments freely transferable and therefore a readily accepted substitute for money.d.An instrument that is payable to the possessor; a check that is made payable to cash or that is indorsed in blank.e.A person who is in possession of an instrument drawn, issued, or indorsed to him or to his order, or to bearer or in blank.f.An indorsement that specifies no indorsee and may consist of merely the signature of the indorser or her authorized agent.g.Issuer of a promissory note or CD.h.A written acknowledgement by a bank of the receipt of money that it promises to repay; a specialized form of promise to pay money that is given by a bank.i.A person or organization to whom a draft is directed and who is ordered to pay the amount of money specified therein; the bank on which a check is drawn.j.Issuer of a check or draft; the person on whose account a draft is drawn.k.An indorsement that attempts to limit the rights of the indorsee in some fashion.l.Signature that identifies an indorsee to be paid; makes the instrument order paper.m.The person to receive payment by an instrument..n.Defenses to liability on a negotiable instrument which are good against holders unless they are holders in due course.o.An instrument involving two parties, one of whom promises to pay the second a stated sum of money either on demand or at a stated future date.p.Person who signs an instrument to lend her credit to another party to the instrument.q.The transferee of an instrument acquires the same rights in the instrument as the transferor had.r.Acceptance of a check by a bank.s.Drawee which agrees to become primarily liable on a draft.t.An instrument that requires both transfer of its possession and indorsement by the appropriate parties for the transferee to become a holder.u.Defenses good against all holders, including holders in due course. -holder

Emma calls her bank to issue an oral stop payment order on a check on March 1st.She then leaves town for two weeks to visit her mother.When she returns, she goes to the bank to sign a written stop payment order, but finds the bank has already paid the check.What recourse does she have? Explain.

Sylvia deposits in her account at First Bank a $50 check drawn on Valley Bank.First Bank transfers the check to Second Bank, which in turn forwards it to Valley Bank, which pays the item.Which of the following is correct?

An association of banks and other payors whose members settle accounts with each other on a daily basis is a:

For how long is an oral stop payment order valid?

MATCHING Part V Matching Match each statement with the correct term below.a.An order to pay a fixed sum of money, signed by a drawer, payable on demand or at a definite time.b.A specialized form of draft; an order to pay money drawn on a bank and payable on demand.c.Legal concept that makes written instruments freely transferable and therefore a readily accepted substitute for money.d.An instrument that is payable to the possessor; a check that is made payable to cash or that is indorsed in blank.e.A person who is in possession of an instrument drawn, issued, or indorsed to him or to his order, or to bearer or in blank.f.An indorsement that specifies no indorsee and may consist of merely the signature of the indorser or her authorized agent.g.Issuer of a promissory note or CD.h.A written acknowledgement by a bank of the receipt of money that it promises to repay; a specialized form of promise to pay money that is given by a bank.i.A person or organization to whom a draft is directed and who is ordered to pay the amount of money specified therein; the bank on which a check is drawn.j.Issuer of a check or draft; the person on whose account a draft is drawn.k.An indorsement that attempts to limit the rights of the indorsee in some fashion.l.Signature that identifies an indorsee to be paid; makes the instrument order paper.m.The person to receive payment by an instrument..n.Defenses to liability on a negotiable instrument which are good against holders unless they are holders in due course.o.An instrument involving two parties, one of whom promises to pay the second a stated sum of money either on demand or at a stated future date.p.Person who signs an instrument to lend her credit to another party to the instrument.q.The transferee of an instrument acquires the same rights in the instrument as the transferor had.r.Acceptance of a check by a bank.s.Drawee which agrees to become primarily liable on a draft.t.An instrument that requires both transfer of its possession and indorsement by the appropriate parties for the transferee to become a holder.u.Defenses good against all holders, including holders in due course. -real defenses

MATCHING Part V Matching Match each statement with the correct term below.a.An order to pay a fixed sum of money, signed by a drawer, payable on demand or at a definite time.b.A specialized form of draft; an order to pay money drawn on a bank and payable on demand.c.Legal concept that makes written instruments freely transferable and therefore a readily accepted substitute for money.d.An instrument that is payable to the possessor; a check that is made payable to cash or that is indorsed in blank.e.A person who is in possession of an instrument drawn, issued, or indorsed to him or to his order, or to bearer or in blank.f.An indorsement that specifies no indorsee and may consist of merely the signature of the indorser or her authorized agent.g.Issuer of a promissory note or CD.h.A written acknowledgement by a bank of the receipt of money that it promises to repay; a specialized form of promise to pay money that is given by a bank.i.A person or organization to whom a draft is directed and who is ordered to pay the amount of money specified therein; the bank on which a check is drawn.j.Issuer of a check or draft; the person on whose account a draft is drawn.k.An indorsement that attempts to limit the rights of the indorsee in some fashion.l.Signature that identifies an indorsee to be paid; makes the instrument order paper.m.The person to receive payment by an instrument..n.Defenses to liability on a negotiable instrument which are good against holders unless they are holders in due course.o.An instrument involving two parties, one of whom promises to pay the second a stated sum of money either on demand or at a stated future date.p.Person who signs an instrument to lend her credit to another party to the instrument.q.The transferee of an instrument acquires the same rights in the instrument as the transferor had.r.Acceptance of a check by a bank.s.Drawee which agrees to become primarily liable on a draft.t.An instrument that requires both transfer of its possession and indorsement by the appropriate parties for the transferee to become a holder.u.Defenses good against all holders, including holders in due course. -bearer paper

A critical issue in banking law is at what point an item is finally paid.

Under the Competitive Equality Banking Act, a non-local check must clear in no more than four intervening business days.

What is the effect of a payor bank's dishonor of a check?

MATCHING Part V Matching Match each statement with the correct term below.a.An order to pay a fixed sum of money, signed by a drawer, payable on demand or at a definite time.b.A specialized form of draft; an order to pay money drawn on a bank and payable on demand.c.Legal concept that makes written instruments freely transferable and therefore a readily accepted substitute for money.d.An instrument that is payable to the possessor; a check that is made payable to cash or that is indorsed in blank.e.A person who is in possession of an instrument drawn, issued, or indorsed to him or to his order, or to bearer or in blank.f.An indorsement that specifies no indorsee and may consist of merely the signature of the indorser or her authorized agent.g.Issuer of a promissory note or CD.h.A written acknowledgement by a bank of the receipt of money that it promises to repay; a specialized form of promise to pay money that is given by a bank.i.A person or organization to whom a draft is directed and who is ordered to pay the amount of money specified therein; the bank on which a check is drawn.j.Issuer of a check or draft; the person on whose account a draft is drawn.k.An indorsement that attempts to limit the rights of the indorsee in some fashion.l.Signature that identifies an indorsee to be paid; makes the instrument order paper.m.The person to receive payment by an instrument..n.Defenses to liability on a negotiable instrument which are good against holders unless they are holders in due course.o.An instrument involving two parties, one of whom promises to pay the second a stated sum of money either on demand or at a stated future date.p.Person who signs an instrument to lend her credit to another party to the instrument.q.The transferee of an instrument acquires the same rights in the instrument as the transferor had.r.Acceptance of a check by a bank.s.Drawee which agrees to become primarily liable on a draft.t.An instrument that requires both transfer of its possession and indorsement by the appropriate parties for the transferee to become a holder.u.Defenses good against all holders, including holders in due course. -shelter rule

Helen deposits a $50 check in her account at First Bank at 4:00 on Friday.The bank is closed on Saturday and Sunday, but opens again on Monday.The midnight deadline for First Bank would be:

Which of the following is correct with respect to a bank customer's duty to discover and report unauthorized signatures?

If you lose your wallet along with your ATM card, your liability is:

A check drawn on a bank is an order to pay a sum of money and an authorization to charge the amount to the drawer's account.The drawer may countermand this order by which of the following?