Nevada § 104.4401 - When bank may charge customer's account
Full text of Nevada Nevada Revised Statutes § 104.4401 — When bank may charge customer's account, with citation guidance and answers to common questions.
§ 104.4401. When bank may charge customer's account
1. A bank may charge against the account of a customer any item that is properly payable
from that account even though the charge creates an overdraft. An item is properly payable if it is authorized by the customer and is in accordance
with any agreement between the customer and bank. 2. A customer is not liable for the amount of an overdraft if the customer neither
signed the item nor benefited from the proceeds of the item. 3. A bank may charge against the account of a customer a check that is otherwise properly
payable from the account, even though payment was made before the date of the check,
unless the customer has given notice to the bank of the postdating describing the
check with reasonable certainty. The notice is effective for the period stated in subsection 2 of NRS 104.4403 for stop-payment orders, and must be received at such time and in such manner as
to afford the bank a reasonable opportunity to act on it before the bank takes any
action with respect to the check described in NRS 104.4303 . If a bank charges against the account of a customer a check before the date stated
in the notice of postdating, the bank is liable for damages for the loss resulting
from its act. The loss may include damages for dishonor of subsequent items under NRS 104.4402 . 4. A bank which in good faith makes payment to a holder may charge the indicated account
of its customer according to: (a) The original terms of the customer’s altered item; or (b) The terms of the customer’s completed item, even though the bank knows the item
has been completed unless the bank has notice that the completion was improper.
Source: official Nevada text · Last verified 2026-08-27
Frequently Asked Questions About Nevada § 104.4401
What does Nevada Revised Statutes § 104.4401 cover?
Section 104.4401 ("When bank may charge customer's account") is part of the Nevada Revised Statutes, the codified statutory law of Nevada. 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 Nevada § 104.4401?
A common citation format is "Nevada Revised Statutes § 104.4401" (Nevada). 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 Nevada law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Nevada official source linked on this page or consult a licensed Nevada attorney.
How does Nevada § 104.4401 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Nevada 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 Nevada.