Tennessee § 47-4-104 - Definitions and index of definitions.

§ 47-4-104. Definitions and index of definitions.

As used in this chapter, unless the context otherwise requires: “Account” means any deposit or 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; “Afternoon” means the period of a day between twelve o'clock noon (12:00 noon) and twelve o'clock midnight (12:00 midnight); “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, except that any day that is not a banking day for purposes of federal reserve regulations, Regulation CC (12 C.F.R. 229.1, et seq., as may be amended from time to time) shall not be a banking day for purposes of this chapter or chapter 3 of this title; “Clearing house” means an association of banks or other payors regularly clearing items; “Customer” means a 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; “Documentary draft” means a draft to be presented for acceptance or payment if specified documents, certificated securities (§ 47-8-102) or instructions for uncertificated securities (§ 47-8-102), or other certificates, statements, or the like are to be received by the drawee or other payor before acceptance or payment of the draft; “Draft” means a draft as defined in § 47-3-104 or an item, other than an instrument, that is an order; “Drawee” means a person ordered in a draft to make payments; “Item” means an instrument or a promise or order to pay money handled by a bank for collection or payment. The term does not include a payment order governed by chapter 4A of this title or a credit or debit card slip; “Midnight (12:00 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; “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; and “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. Other definitions applying to this chapter and the sections in which they appear are: “Agreement for electronic presentment.” § 47-4-110 ; “Bank.” § 47-4-105 ; “Collecting bank.” § 47-4-105 ; “Depositary bank.” § 47-4-105 ; “Intermediary bank.” § 47-4-105 ; “Payor bank.” § 47-4-105 ; “Presenting bank.” § 47-4-105 ; and “Presentment notice.” § 47-4-110 ; “Control” as provided in § 47-7-106 and the following definitions in other chapters apply to this chapter: “Acceptance.” § 47-3-409 ; “Alteration.” § 47-3-407 ; “Cashier's check.” § 47-3-104 ; “Certificate of deposit.” § 47-3-104 ; “Certified check.” § 47-3-409 ; “Check.” § 47-3-104 ; “Holder in due course.” § 47-3-302 ; “Instrument.” § 47-3-104 ; “Notice of dishonor.” § 47-3-503 ; “Order.” § 47-3-103 ; “Ordinary care.” § 47-3-103 ; “Person entitled to enforce.” § 47-3-301 ; “Presentment.” § 47-3-501 ; “Promise.” § 47-3-103 ; “Prove.” § 47-3-103 ; “Teller's check.” § 47-3-104 ; and “Unauthorized signature.” § 47-3-403 . In addition, chapter 1 of this title contains general definitions and principles of construction and interpretation applicable throughout this chapter. Acts 1963, ch. 81, § 1 (4-104); 1995, ch. 397, § 3; 1997, ch. 79, § 17; 2003, ch. 62, § 24; 2008, ch. 814, § 20. Amendments. The 2003 amendment added “except that any day that is not a banking day for purposes of federal reserve regulations, Regulation CC (12 C.F.R. 229.1, et seq., as may be amended from time to time) shall not be a banking day for purposes of this chapter or chapter 3 of this title” in (a)(3). The 2008 amendment added “‘Control’ as provided in § 47-7-106 and” to the beginning of (c). Effective Dates. Acts 2003, ch. 62, § 25. May 1, 2003. Acts 2008, ch. 814, § 40. July 1, 2008. Law Reviews. Thoughts on West Side Bank and Cooper v. Union Bank in Light of the Revision of UCC Articles 3 and 4 (Ronald L. Hersbergen), 24 Mem. St. U.L. Rev. 61 (1993). Cited: McConnico v. Third Nat'l Bank, 499 S.W.2d 874, 1973 Tenn. LEXIS 539 (Tenn. 1973); Yeiser v. Bank of Adamsville, 614 S.W.2d 338, 1981 Tenn. LEXIS 421 (Tenn. 1981); First American Nat'l Bank v. Commerce Union Bank, 692 S.W.2d 642, 1985 Tenn. App. LEXIS 2799 (Tenn. Ct. App. 1985); Hobson v. First State Bank, 777 S.W.2d 24, 1989 Tenn. App. LEXIS 286 (Tenn. Ct. App. 1989); Smallman v. Home Federal Sav. Bank, 786 S.W.2d 954, 1989 Tenn. App. LEXIS 773 (Tenn. Ct. App. 1989); Emerson v. Federal Sav. Bank (In re Brown), 209 B.R. 874, 1997 Bankr. LEXIS 883 (Bankr. W.D. Tenn. 1997); Smith v. First Union Nat'l Bank, 958 S.W.2d 113, 1997 Tenn. App. LEXIS 375 (Tenn. Ct. App. 1997); Lawyers Title Ins. Corp. v. United American Bank, 21 F. Supp. 2d 785, 1998 U.S. Dist. LEXIS 14612 (W.D. Tenn. 1998); Harber v. Leader Fed. Bank, 159 S.W.3d 545, 2004 Tenn. App. LEXIS 377 (Tenn. Ct. App. 2004).