Michigan § 440.4104 - Definitions used in article.

Full text of Michigan Michigan Compiled Laws § 440.4104 — Definitions used in article., with citation guidance and answers to common questions.

§ 440.4104. Definitions used in article.

Sec. 4104.

(1) As used in this article unless the context otherwise requires:

(a) "Account" means any depositor credit account with a bank, including a demand, time, savings, passbook, share draft, or like account, other than an account evidenced by a certificate of deposit.

(b) "Afternoon" means the period of a day between noon and midnight.

(c) "Banking day" means the part of a day on which a bank is open to the public for carrying on substantially all of its banking functions.

(d) "Clearing-house" means an association of banks or other payors regularly clearing items.

(e) "Customer" means any person having an account with a bank or for whom a bank has agreed to collect items, including a bank that maintains an account at another bank.

(f) "Documentary draft" means a draft to be presented for acceptance or payment if specified documents, certificated securities as defined in section 8102 or instructions for uncertificated securities as defined in section 8102, or other certificates, statements, or the like are to be received by the drawee or other payor before acceptance or payment of the draft.

(g) "Draft" means a draft as defined in section 3104 or an item, other than an instrument, that is an order.

(h) "Drawee" means a person ordered in a draft to make payment.

(i) "Item" means an instrument or a promise or order to pay money handled by a bank for collection or pay. The term does not include a payment order governed by article 4a or a credit or debit card slip.

(j) "Midnight deadline" with respect to a bank is midnight on its next banking day following the banking day on which it receives the relevant item or notice or from which the time for taking action commences to run, whichever is later.

(k) "Settle" means to pay in cash, by clearing-house settlement, in a charge or credit or by remittance, or otherwise as agreed. A settlement may be either provisional or final.

(l) "Suspends payments" with respect to a bank means that it has been closed by order of the supervisory authorities, that a public officer has been appointed to take it over or that it ceases or refuses to make payments in the ordinary course of business.

(2) Other definitions applying to this article and the sections in which they appear are:

"Agreement for electronic presentment".

Section 4110.

"Collecting bank".

Section 4105.

"Depositary bank".

Section 4105.

"Intermediary bank".

Section 4105.

"Payor bank".

Section 4105.

"Presenting bank".

Section 4105.

"Presentment notice".

Section 4110.

(3) "Control" as provided in section 7106 and the following definitions in other articles apply to this article:

"Acceptance".

Section 3409.

"Alteration".

Section 3409.

"Certificate of deposit".

Section 3104.

"Cashier's check".

Section 3104.

"Certified check".

Section 3409.

"Check".

Section 3104.

"Draft".

Section 3104.

"Holder in due course".

Section 3302.

"Instrument".

Section 3104.

"Notice of dishonor".

Section 3503.

"Order".

Section 3103.

"Ordinary care".

Section 3103.

"Person entitled to enforce".

Section 3301.

"Presentment".

Section 3501.

"Promise".

Section 3103.

"Prove".

Section 3103.

"Remotely created consumer item".

Section 3103.

"Teller's check".

Section 3104.

"Unauthorized signature".

Section 3403.

(4) In addition, article 1 contains general definitions and principles of construction and interpretation applicable throughout this article.

Source: official Michigan text · Last verified 2026-08-27

Frequently Asked Questions About Michigan § 440.4104

What does Michigan Compiled Laws § 440.4104 cover?

Section 440.4104 ("Definitions used in article.") is part of the Michigan Compiled Laws, the codified statutory law of Michigan. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Michigan § 440.4104?

A common citation format is "Michigan Compiled Laws § 440.4104" (Michigan). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Michigan law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Michigan official source linked on this page or consult a licensed Michigan attorney.

How does Michigan § 440.4104 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Michigan can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Michigan.