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Session Laws, 1996
Volume 794, Page 1289   View pdf image
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PARRIS N." GLENDENING, Governor                               Ch. 91

4-403.

[ (1)] (A) [ A customer may by order to his bank stop payment of any item payable
for his account but the order must be] ANY PERSON AUTHORIZED TO DRAW ON THE
ACCOUNT, IF THERE IS MORE THAN ONE PERSON, MAY STOP PAYMENT OF ANY ITEM
DRAWN ON THE CUSTOMER'S ACCOUNT OR CLOSE THE ACCOUNT BY AN ORDER TO
THE BANK DESCRIBING THE ITEM OR ACCOUNT WITH REASONABLE CERTAINTY
received at [ such] A time and in [ such] A manner [ as to afford] THAT AFFORDS the
bank a reasonable opportunity to act on it [prior to] BEFORE any action by the bank
with respect to the item described in § 4-303. IF THE SIGNATURE OF MORE THAN ONE
PERSON IS REQUIRED TO DRAW ON AN ACCOUNT, ANY OF THESE PERSONS MAY
STOP PAYMENT OR CLOSE THE ACCOUNT.

[(2) An oral order is binding upon the bank only for fourteen calendar days unless
confirmed in writing within that period. A written order is effective for only six months
unless renewed in writing.]

(B) A STOP-PAYMENT ORDER IS EFFECTIVE FOR 6 MONTHS, BUT IT LAPSES
AFTER 14 CALENDAR DAYS IF THE ORIGINAL ORDER WAS ORAL AND WAS NOT
CONFIRMED IN WRITING WITHIN THAT PERIOD. A STOP-PAYMENT ORDER MAY BE
RENEWED FOR ADDITIONAL 6-MONTH PERIODS BY A WRITING GIVEN TO THE BANK
WITHIN A PERIOD DURING WHICH THE STOP-PAYMENT ORDER IS EFFECTIVE.

[(3)] (C) The burden of establishing the fact and amount of loss resulting from
the payment of an item contrary to a [binding] stop-payment order OR ORDER TO
CLOSE AN ACCOUNT is on the customer. THE LOSS FROM PAYMENT OF AN ITEM
CONTRARY TO A STOP-PAYMENT ORDER MAY INCLUDE DAMAGES FOR DISHONOR
OF SUBSEQUENT ITEMS UNDER § 4-402.

4-404.

A bank is under no obligation to a customer having a checking account to pay a
check, other than a certified check, which is presented more than six months after its
date, but it may charge its customer's account for a payment made thereafter in good
faith.

4-405.

[(1)] (A) A payor or collecting bank's authority to accept, pay, or collect an item
or to account for proceeds of its collection, if otherwise effective, is not rendered
ineffective by incompetence of a customer of either bank existing at the time the item is
issued or its collection is undertaken if the bank does not know of an adjudication of
incompetence. Neither death nor incompetence of a customer revokes [such] THE
authority to accept, pay, collect, or account until the bank knows of the fact of death or of
an adjudication of incompetence and has reasonable opportunity to act on it.

[(2)] (B) Even with knowledge, a bank may for ten days after the date of death
pay or certify checks drawn on or [prior to] BEFORE that date unless ordered to stop
payment by a person claiming an interest in the account.

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Session Laws, 1996
Volume 794, Page 1289   View pdf image
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