Vermont § 406 - § 4—406.

Full text of Vermont Vermont Statutes Online § 406 — § 4—406., with citation guidance and answers to common questions.

§ 406. § 4—406.

  • Customer’s duty to discover and report unauthorized signature or alteration (a) Upon the request of a customer, the bank shall return to a customer items shown as
    paid on a statement of accounts, or copies thereof. If the customer does not request
    that the items, or copies thereof, be returned, the bank shall provide information
    in the statement of account sufficient to allow the customer to reasonably identify
    the items that have been paid. The statement of account provides sufficient information
    if the item is described by item number, amount, and date of payment. (b) If the items are not returned to the customer, the person retaining the items shall
    either retain the items or, if the items are destroyed, maintain the capacity to furnish
    legible copies of the items until the expiration of seven years after receipt of the
    items. A customer may request an item from the bank that paid the item, and that bank
    must provide in a reasonable time either the item or, if the item has been destroyed
    or is not otherwise obtainable, a legible copy of the item. (c) If a bank sends or makes available a statement of account or items pursuant to subsection
    (a) of this section, the customer must exercise reasonable promptness in examining
    the statement or the items to determine whether any payment was not authorized because
    of an alteration of an item or because a purported signature by or on behalf of the
    customer was not authorized. If, based on the statement or items provided, the customer
    should reasonably have discovered the unauthorized payment, the customer must promptly
    notify the bank of the relevant facts. (d) If the bank proves that the customer failed, with respect to an item, to comply with
    the duties imposed on the customer by subsection (c) of this section, the customer
    is precluded from asserting against the bank: (1) the customer’s unauthorized signature or any alteration on the item, if the bank also
    proves that it suffered a loss by reason of the failure; and (2) the customer’s unauthorized signature or alteration by the same wrongdoer on any other
    item paid in good faith by the bank if the payment was made before the bank received
    notice from the customer of the unauthorized signature or alteration and after the
    customer had been afforded a reasonable period of time, not exceeding 30 days, in
    which to examine the item or statement of account and notify the bank. (e) If subsection (d) of this section applies and the customer proves that the bank failed
    to exercise ordinary care in paying the item and that the failure substantially contributed
    to loss, the loss is allocated between the customer precluded and the bank asserting
    the preclusion according to the extent to which the failure of the customer to comply
    with subsection (c) of this section and the failure of the bank to exercise ordinary
    care contributed to the loss. If the customer proves that the bank did not pay the
    item in good faith, the preclusion under subsection (d) of this section does not apply. (f) Without regard to care or lack of care of either the customer or the bank, a customer
    who does not within one year after the statement or items are made available to the
    customer (subsection (a)) discover and report the customer’s unauthorized signature
    on or any alteration on the item is precluded from asserting against the bank the
    unauthorized signature or the alteration. If there is a preclusion under this subsection,
    the payor bank may not recover for breach of warranty under section 4—208 of this title with respect to the unauthorized signature or alteration to which the preclusion
    applies. (Added 1993, No. 158 (Adj. Sess.), § 13, eff. Jan. 1, 1995.)

Frequently Asked Questions About Vermont § 406

What does Vermont Statutes Online § 406 cover?

Section 406 ("§ 4—406.") is part of the Vermont Statutes Online, the codified statutory law of Vermont. 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 Vermont § 406?

A common citation format is "Vermont Statutes Online § 406" (Vermont). 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 Vermont law?

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

How does Vermont § 406 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Vermont 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 Vermont.