PARRIS N. GLENDENING, Governor                               Ch. 91

accounts between the presenting and payor banks or between the presenting and
successive prior collecting banks seriatim, they become final upon final payment of the
item by the payor bank.

[(3)] (D) If a collecting bank receives a settlement for an item which is or becomes
final, [(subsection (3) of § 4-211, subsection (2) of § 4-213)] the bank is accountable to
its customer for the amount of the item and any provisional credit given for the item in an
account with its customer becomes final.

[(4)] (E) Subject to (I) APPLICABLE LAW STATING A TIME FOR AVAILABILITY
OF FUNDS AND (II) any right of the bank to apply the credit to an obligation of the
customer, credit given by a bank for an item in [an account with its customer] A
CUSTOMER'S ACCOUNT becomes available for withdrawal as of right:

[(a)](1) [In any case where] IF the bank has received a provisional
settlement for the item, — when [ such] THE settlement becomes final and the bank has
had a reasonable time to [learn that the settlement is final] RECEIVE RETURN OF THE
ITEM AND THE ITEM HAS NOT BEEN RECEIVED WITHIN THAT TIME;

[ (b)] (2) [ In any case where] IF the bank is both [ a] THE depositary bank
and [ a] THE payor bank, and the item is finally paid, — at the opening of the bank's
second banking day following receipt of the item.

[(5)](F) [A deposit of money in a bank is final when made but, subject]
SUBJECT to APPLICABLE LAW STATING A TIME FOR AVAILABILITY OF FUNDS AND
any right of [ the] A bank to apply [ the] A deposit to an obligation of the [customer]
DEPOSITOR, [the] A deposit OF MONEY becomes available for withdrawal as of right at
the opening of the bank's next banking day [following] AFTER receipt of the deposit.

[4-214.] 4-216.

[(1)] (A) [ Any] IF AN item IS in or [coming] COMES into the possession of a
payor or collecting bank [which] THAT suspends payment and [which] THE item [is]
HAS not BEEN finally paid, [ shall] THE ITEM MUST be returned by the receiver, trustee,
or agent in charge of the closed bank to the presenting bank or the closed bank's
customer.

[(2)](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.

[(3)] (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] SETTLEMENTS becoming final if [such] THE
finality occurs automatically upon the lapse of certain time or the happening of certain
events [(subsection (3) of § 4-211, subsection (1) (d), (2) and (3) of § 4-213)].

[(4)] (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 [ such] THE collecting bank.

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