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Minnesota Legislature

Office of the Revisor of Statutes

336.4-302 PAYOR BANK'S RESPONSIBILITY FOR LATE RETURN OF ITEM.
(a) If an item is presented to and received by a payor bank, the bank is accountable for
the amount of:
(1) a demand item, other than a documentary draft, whether properly payable or not, if the
bank, in any case in which it is not also the depositary bank, retains the item beyond midnight of
the banking day of receipt without settling for it or, whether or not it is also the depositary bank,
does not pay or return the item or send notice of dishonor until after its midnight deadline; or
(2) any other properly payable item unless, within the time allowed for acceptance or payment
of that item, the bank either accepts or pays the item or returns it and accompanying documents.
(b) The liability of a payor bank to pay an item pursuant to subsection (a) is subject to
defenses based on breach of a presentment warranty (section 336.4-208) or proof that the
person seeking enforcement of the liability presented or transferred the item for the purpose of
defrauding the payor bank.
History: 1965 c 811 s 336.4-302; 1992 c 565 s 100