12-U.S.C.-5002
§5002 – Definitions
Pathway
Title 12 > Chapter 50 > Section 5002
Details
- Reference: Section 5002
- Legend: §5002 – Definitions
- USCode Year: 2013
Provision Content
For purposes of this chapter, the following definitions shall apply:
(1) Account
The term account means a deposit account at a bank.
(2) Bank
The term bank means any person that is located in a State and engaged in the business of banking and includes—
(A) any depository institution (as defined in section 461(b)(1)(A) of this title);
(B) any Federal reserve bank;
(C) any Federal home loan bank; or
(D) to the extent it acts as a payor—
(i) the Treasury of the United States;
(ii) the United States Postal Service;
(iii) a State government; or
(iv) a unit of general local government (as defined in section 4001(24) of this title).
(3) Banking terms
(A) Collecting bank
The term collecting bank means any bank handling a check for collection except the paying bank.
(B) Depositary bank
The term depositary bank means—
(i) the first bank to which a check is transferred, even if such bank is also the paying bank or the payee; or
(ii) a bank to which a check is transferred for deposit in an account at such bank, even if the check is physically received and indorsed first by another bank.
(C) Paying bank
The term paying bank means—
(i) the bank by which a check is payable, unless the check is payable at or through another bank and is sent to the other bank for payment or collection; or
(ii) the bank at or through which a check is payable and to which the check is sent for payment or collection.
(D) Returning bank
(i) In general
The term returning bank means a bank (other than the paying or depositary bank) handling a returned check or notice in lieu of return.
(ii) Treatment as collecting bank
No provision of this chapter shall be construed as affecting the treatment of a returning bank as a collecting bank for purposes of section 4–202(b) of the Uniform Commercial Code.
(4) Board
The term Board means the Board of Governors of the Federal Reserve System.
(5) Business day
The term business day has the same meaning as in section 4001(3) of this title.
(6) Check
The term check—
(A) means a draft, payable on demand and drawn on or payable through or at an office of a bank, whether or not negotiable, that is handled for forward collection or return, including a substitute check and a travelers check; and
(B) does not include a noncash item or an item payable in a medium other than United States dollars.
(7) Consumer
The term consumer means an individual who—
(A) with respect to a check handled for forward collection, draws the check on a consumer account; or
(B) with respect to a check handled for return, deposits the check into, or cashes the check against, a consumer account.
(8) Consumer account
The term consumer account has the same meaning as in section 4001(10) of this title.
(9) Customer
The term customer means a person having an account with a bank.
(10) Forward collection
The term forward collection means the transfer by a bank of a check to a collecting bank for settlement or the paying bank for payment.
(11) Indemnifying bank
The term indemnifying bank means a bank that is providing an indemnity under section 5005 of this title with respect to a substitute check.
(12) MICR line
The terms MICR line and magnetic ink character recognition line mean the numbers, which may include the bank routing number, account number, check number, check amount, and other information, that are printed near the bottom of a check in magnetic ink in accordance with generally applicable industry standards.
(13) Noncash item
The term noncash item has the same meaning as in section 4001(14) of this title.
(14) Person
The term person means a natural person, corporation, unincorporated company, partnership, government unit or instrumentality, trust, or any other entity or organization.
(15) Reconverting bank
The term reconverting bank means—
(A) the bank that creates a substitute check; or
(B) if a substitute check is created by a person other than a bank, the first bank that transfers or presents such substitute check.
(16) Substitute check
The term substitute check means a paper reproduction of the original check that—
(A) contains an image of the front and back of the original check;
(B) bears a MICR line containing all the information appearing on the MICR line of the original check, except as provided under generally applicable industry standards for substitute checks to facilitate the processing of substitute checks;
(C) conforms, in paper stock, dimension, and otherwise, with generally applicable industry standards for substitute checks; and
(D) is suitable for automated processing in the same manner as the original check.
(17) State
The term State has the same meaning as in section 1813(a) of this title.
(18) Truncate
The term truncate means to remove an original paper check from the check collection or return process and send to a recipient, in lieu of such original paper check, a substitute check or, by agreement, information relating to the original check (including data taken from the MICR line of the original check or an electronic image of the original check), whether with or without subsequent delivery of the original paper check.
(19) Uniform Commercial Code
The term Uniform Commercial Code means the Uniform Commercial Code in effect in a State.
(20) Other terms
Unless the context requires otherwise, the terms not defined in this section shall have the same meanings as in the Uniform Commercial Code.
(Pub. L. 108–100, §3, Oct. 28, 2003, 117 Stat. 1178.)
References in Text
This chapter, referred to in text, was in the original this Act, meaning Pub. L. 108–100, Oct. 28, 2003, 117 Stat. 1177, which is classified generally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 5001 of this title and Tables.
U.S. Encyclopedia of Law Coverage
12-U.S.C.-4901 in the Legal Encyclopedia: Banking Law
In this entry about 12-U.S.C.-4901, find legal reference material, bibliographies and premiere content related to banking law in the American Encyclopedia of Law, presenting a comprehensive view of the United States banking law-specific issues, written by authorities in the field.
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