D.C. Code § 28:4-104

Current through codified legislation effective September 18, 2024

Section 28:4-104 - Definitions and index of definitions

(a) In this article, unless the context otherwise requires, the term:

(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.

(4) "Clearing house" 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 (section 28:8-102) or instructions for uncertificated securities (section 28:8-102), 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 28:3-104 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, means 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 clearing-house 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 28:4-110.

"Collecting bank". Section 28:4-105.

"Depositary bank". Section 28:4-105.

"Intermediary bank". Section 28:4-105.

"Payor bank". Section 28:4-105.

"Presenting bank". Section 28:4-105.

"Presentment notice". Section 28:4-110.

(c) "Control" as provided in § 28:7-106 and the following definitions in other articles apply to this article:

"Acceptance". Section 28:3-409.

"Alteration". Section 28:3-407.

"Cashier's check". Section 28:3-104.

"Certificate of deposit". Section 28:3-104.

"Certified check". Section 28:3-409.

"Check". Section 28:3-104.

"Holder in due course". Section 28:3-302.

"Instrument". Section 28:3-104.

"Notice of dishonor". Section 28:3-503.

"Order". Section 28:3-103.

"Ordinary care". Section 28:3-103.

"Person entitled to enforce". Section 28:3-301.

"Presentment". Section 28:3-501.

"Promise". Section 28:3-103.

"Prove". Section 28:3-103.

"Record". Section 28:3-103.

"Remotely created consumer item". Section 28:3-103.

"Teller's check". Section 28:3-104.

"Unauthorized signature". Section 28:3-403.

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

D.C. Code § 28:4-104

Dec. 30, 1963, 77 Stat. 696, Pub. L. 88-243, § 1; Mar. 23, 1995, D.C. Law 10-249, § 2(e), 42 DCR 467; Apr. 9, 1997, D.C. Law 11-240, § 3(d), 44 DCR 1087; Apr. 27, 2013, D.C. Law 19-299, § 6(b), 60 DCR 2634.