Nebraska Uniform Commercial Code 4-404

UCC 4-404

4-404.

Bank not obligated to pay check more than six months old.

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.

Source

  • Laws 1963, c. 544, Art. IV, § 4-404, p. 1830.

Annotations

  • COMMENT

  • This section incorporates a type of statute adopted in twenty-six jurisdictions. The time limit is set at six months because banking and commercial practice regards a check outstanding for longer than that period as stale, and a bank will normally not pay such a check without consulting the depositor. It is therefor not required to do so, but is given the option to pay because it may be in a position to know, as in the case of dividend checks, that the drawer wants payment made.

  • Certified checks are excluded from the section because they are the primary obligation of the certifying bank (sections 3-409 and 3-413). The obligation runs directly to the holder of the check. The customer's account was presumably charged when the check was certified.