70A-4-216 - Insolvency and preference. - Utah Statutes

70A-4-216. Insolvency and preference.
(1) If an item is in or comes into the possession of a payor or collecting bank thatsuspends payment and the item has not been finally paid, the item must be returned by thereceiver, trustee, or agent in charge of the closed bank to the presenting bank or the closed bank'scustomer.
(2) If a payor bank finally pays an item and suspends payments without making asettlement for the time with its customer or the presenting bank, which settlement is or becomesfinal, the owner of the item has a preferred claim against the payor bank.
(3) If a payor bank gives or a collecting bank gives or receives a provisional settlementfor an item and thereafter suspends payments, the suspension does not prevent or interfere withthe settlements becoming final if the finality occurs automatically upon the lapse of certain timeor the happening of certain events.
(4) If a collecting bank receives from subsequent parties settlement for an item, whichsettlement is or becomes final, and the bank suspends payments without making a settlement forthe item with its customer, which settlement is or becomes final, the owner of the item has apreferred claim against the collecting bank.

Enacted by Chapter 237, 1993 General Session