Public-domain · open source
OpenJurist

Ark. Code Ann. § 4-4-210

Security interest of collecting bank in items, accompanying documents, and proceeds

Known as the Uniform Commercial Code

The act spans §§ 4–4 (597 sections).

Applied in 1 court decision — leading case General Motors Acceptance Corporation v. Union Bank & Trust Company (2003)

Most recently applied in General Motors Acceptance Corporation v. Union Bank & Trust Company (May 2003)

Acts 1961, No. 185, § 4-208; A.S.A. 1947, § 85-4-208; Acts 1991, No. 572, § 6; 2001, No. 1439, § 13; 2007, No. 342, § 24.

(1) A collecting bank has a security interest in an item and any accompanying documents or the proceeds of either: in case of an item deposited in an account, to the extent to which credit given for the item has been withdrawn or applied;

(2) in case of an item for which it has given credit available for withdrawal as of right, to the extent of the credit given, whether or not the credit is drawn upon or there is a right of charge-back; or

(3) if it makes an advance on or against the item.

(4) If credit given for several items received at one (1) time or pursuant to a single agreement is withdrawn or applied in part, the security interest remains upon all the items, any accompanying documents or the proceeds of either. For the purpose of this section, credits first given are first withdrawn.

(5) Receipt by a collecting bank of a final settlement for an item is a realization on its security interest in the item, accompanying documents, and proceeds. So long as the bank does not receive final settlement for the item or give up possession of the item or possession or control of the accompanying documents for purposes other than collection, the security interest continues to that extent and is subject to Chapter 9, but: no security agreement is necessary to make the security interest enforceable (§ 4-9-203(b)(3)(A));

(6) no filing is required to perfect the security interest; and

(7) the security interest has priority over conflicting perfected security interests in the item, accompanying documents, or proceeds.

Current official text: Arkansas General Assembly. Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Arkansas statutes; confirm against the official source for the current text. Not legal advice.