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HomeCommercial CodeDiv. 4Ch. 2§ 4205 Bank Holder And Warranty

§ 4205 Bank Holder And Warranty

Commercial Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 4205 Bank Holder And Warranty

This law says that when a customer gives an item to a bank to collect, the bank becomes the legal holder of that item and promises that the money was paid to the customer.

Key Takeaways

  • •The bank becomes the legal holder of the item when it receives it for collection.
  • •The bank guarantees that the amount was paid to the customer or deposited into their account.
  • •If the bank meets other rules, it can be treated as a holder in due course.

Example

A person sells a used laptop to a friend and asks the friend's bank to collect the payment from the buyer.

The bank receives the laptop's payment paper. Because the seller (the customer) originally held it, the bank now holds it too. The bank also promises that the money was actually paid to the seller, so the buyer and other banks can rely on that promise.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 4205 Bank Holder And Warranty

If a customer delivers an item to a depositary bank for collection both of the following apply: (a) The depositary bank becomes a holder of the item at the time it receives the item for collection if the customer at the time of delivery was a holder of the item, whether or not the customer indorses the item, and, if the bank satisfies the other requirements of Section 3302, it is a holder in due course. (b) The depositary bank warrants to collecting banks, the payor bank or other payor, and the drawer that the amount of the item was paid to the customer or deposited to the customer’s account. (Repealed and added by Stats. 1992, Ch. 914, Sec. 23. Effective January 1, 1993.)

Last verified: January 10, 2026

Key Terms

holderholder in due coursedepositary bankwarrants

Related Statutes

  • § 3201 Negotiation Of Instruments
  • § 3202 Negotiation Effectiveness Rules
  • § 3203 Instrument Transfer Rights
  • § 4209 Encoding And Presentment Warranties
  • § 4211 Bank Holder Due Course

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Commercial Code. Section 4205.
View Official Source