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Sec. 42a-4-104. Definitions and index of definitions.


      Sec. 42a-4-104. Definitions and index of definitions. (a) In this article, unless the context otherwise requires: (1) "Account" means any deposit or credit account with a bank, including a demand, time, savings, passbook, share draft, or like account, other than an account evidenced by a certificate of deposit; (2) "afternoon" means the period of a day between noon and midnight; (3) "banking day" means the part of a day on which a bank is open to the public for carrying on substantially all of its banking functions, but for the purpose of determining a bank's midnight deadline, as defined in subdivision (10) of this subsection, shall not include Saturday; (4) "clearinghouse" means an association of banks or other payors regularly clearing items; (5) "customer" means a person having an account with a bank or for whom a bank has agreed to collect items, including a bank that maintains an account at another bank; (6) "documentary draft" means a draft to be presented for acceptance or payment if specified documents, certificated securities, as defined in section 42a-8-102, or instructions for uncertificated securities, as defined in section 42a-8-102, or other certificates, statements, or the like are to be received by the drawee or other payor before acceptance or payment of the draft; (7) "draft" means a draft as defined in section 42a-3-104 or an item, other than an instrument, that is an order; (8) "drawee" means a person ordered in a draft to make payment; (9) "item" means an instrument or a promise or order to pay money handled by a bank for collection or payment. The term does not include a payment order governed by article 4A or a credit or debit card slip; (10) "midnight deadline" with respect to a bank is midnight on its next 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; (11) "settle" means to pay in cash, by clearinghouse settlement, in a charge or credit or by remittance, or otherwise as agreed. A settlement may be either provisional or final; (12) "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.

      (b) Other definitions applying to this article and the sections in which they appear are:

      "Agreement for electronic presentment". Section 42a-4-110.
      "Bank". Section 42a-4-105.
      "Collecting bank". Section 42a-4-105.
      "Depositary bank". Section 42a-4-105.
      "Intermediary bank". Section 42a-4-105.
      "Payor bank". Section 42a-4-105.
      "Presenting bank". Section 42a-4-105.
      "Presentment notice". Section 42a-4-110.

      (c) "Control" as provided in section 42a-7-106 and the following definitions in other articles apply to this article:

      "Acceptance". Section 42a-3-409.
      "Alteration". Section 42a-3-407.
      "Cashier's check". Section 42a-3-104.
      "Certificate of deposit". Section 42a-3-104.
      "Certified check". Section 42a-3-409.
      "Check". Section 42a-3-104.
      "Holder in due course". Section 42a-3-302.
      "Instrument". Section 42a-3-104.
      "Notice of dishonor". Section 42a-3-503.
      "Order". Section 42a-3-103.
      "Ordinary care". Section 42a-3-103.
      "Person entitled to enforce". Section 42a-3-301.
      "Presentment". Section 42a-3-501.
      "Promise". Section 42a-3-103.
      "Prove". Section 42a-3-103.
      "Teller's check". Section 42a-3-104.
      "Unauthorized signature". Section 42a-3-403.

      (d) In addition, article 1 contains general definitions and principles of construction and interpretation applicable throughout this article.

      (1959, P.A. 133, S. 4-104; 1972, P.A. 206, S. 1; P.A. 91-304, S. 71; May Sp. Sess. P.A. 92-11, S. 19, 70; P.A. 97-182, S. 66; P.A. 04-64, S. 57; P.A. 05-109, S. 30; 05-288, S. 210.)

      History: 1972 act amended definition of "banking day" to exclude Saturdays for purpose of determining midnight deadline; P.A. 91-304 replaced numeric with alphabetic Subsec. indicators and alphabetic with numeric Subdiv. indicators, amended Subsec. (a) to redefine "account", "documentary draft" and "item", to add definitions of "draft" and "drawee", to delete definition of "properly payable" and to make minor changes in wording in the definitions of "banking day", "clearing house", "customer" and "settle", amended Subsec. (b) to add references to "agreement for electronic presentment", "bank" and "presentment notice" and delete reference to "remitting bank" and amended Subsec. (c) to add references to "alteration", "cashier's check", "certified check", "good faith", "instrument", "order", "ordinary care", "person entitled to enforce", "promise", "prove", "teller's check" and "unauthorized signature", to delete references to "certification", "draft", "protest" and "secondary party" and to revise the section references for "acceptance", "notice of dishonor" and "presentment"; May Sp. Sess. P.A. 92-11 made technical changes in Subsec. (a); P.A. 97-182 amended definition of "documentary draft" in Subsec. (a) to change statutory reference for definition of instructions for uncertificated securities from Sec. 42a-8-308 to Sec. 42a-8-102; P.A. 04-64 amended Subsec. (c) by adding reference to "control" as provided in Sec. 42a-7-106 to conform to revisions made to article 7 by the same act; P.A. 05-109 amended Subsec. (c) by making a technical change and deleting reference to definition of "good faith" to conform to revisions made to article 1 by the same act; P.A. 05-288 made a technical change in Subsec. (c), effective July 13, 2005.

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