LawWiki
HomeCodesSearchGlossaryAPIAbout
LawWiki

Plain English summaries of California law with zero-hallucination AI. Every summary is verified against official source text.

Product

  • Search
  • Codes
  • About

Legal

  • Privacy Policy
  • Terms of Service
  • Disclaimer

© 2026 LawWiki. All rights reserved.

HomeCommercial CodeDiv. 4Ch. 2§ 4216 Bank Item Return Rules

§ 4216 Bank Item Return Rules

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

§ 4216 Bank Item Return Rules

Key Takeaways

  • •If a bank closes and hasn't paid for an item (like a check), it must give the item back to the person or bank that gave it to them.
  • •If a bank pays for an item but closes before settling the payment, the owner of the item can ask to get their money first.
  • •If a bank gives or gets a temporary payment for an item and then closes, the payment can still go through if it was supposed to happen after some time or event.
  • •If a bank gets paid by others for an item but closes before paying the owner, the owner can ask to get their money first.

Example

You deposit a check at your bank, and the bank closes before the check clears.

The bank must give your check back to you because they haven't paid for it yet. If they already paid for it but didn't settle the payment, you can ask to get your money first.

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

Official Source
View on CA.gov

§ 4216 Bank Item Return Rules

(a) If an item is in or comes into the possession of a payor or collecting bank that suspends payment and the item has not been finally paid, the item shall be returned by the receiver, trustee, or agent in charge of the closed bank to the presenting bank or the closed bank’s customer. (b) If a payor bank finally pays an item and suspends payments without making a settlement for the item with its customer or the presenting bank which settlement is or becomes final, the owner of the item has a preferred claim against the payor bank. (c) If a payor bank gives or a collecting bank gives or receives a provisional settlement for an item and thereafter suspends payments, the suspension does not prevent or interfere with the settlement’s becoming final if the finality occurs automatically upon the lapse of certain time or the happening of certain events. (d) If a collecting bank receives from subsequent parties settlement for an item, which settlement is or becomes final and the bank suspends payments without making a settlement for the item with its customer which settlement is or becomes final, the owner of the item has a preferred claim against the collecting bank. (Added by renumbering Section 4214 by Stats. 1992, Ch. 914, Sec. 36. Effective January 1, 1993.)

Last verified: January 23, 2026

Key Terms

payor bankcollecting banksuspends paymentsprovisional settlementpreferred claim

Related Statutes

  • § 4201 Bank Settlement Provisional Status
  • § 4204 Bank Item Collection Rules
  • § 4215 Final Bank Payment Rules
  • § 4202 Bank Item Collection Duties
  • § 4203 Bank Transfer Instructions Liability

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Commercial Code. Section 4216.
View Official Source