Nev. Rev. Stat. § 104.4104

Current through 82nd (2023) Legislative Session Chapter 535 and 34th (2023) Special Session Chapter 1 and 35th (2023) Special Session Chapter 1

Section 104.4104 - Definitions and index of definitions

1. In this Article, unless the context otherwise requires:

(a) "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.

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

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

(d) "Clearinghouse" means any 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 or instructions for uncertificated securities, 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 NRS 104.3104 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 payment. 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 clearinghouse settlement, in a charge or credit or by remittance, or otherwise as instructed. 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." NRS NRS 104.4110.

"Collecting bank."NRS 104.4105.

"Depositary bank."NRS 104.4105.

"Intermediary bank."NRS 104.4105.

"Payor bank."NRS 104.4105.

"Presenting bank."NRS 104.4105.

"Presentment notice."NRS 104.4110.

3. "Control" as provided in NRS 104.7106 and the following definitions in other Articles apply to this Article:

"Acceptance."NRS 104.3409.

"Alteration."NRS 104.3407.

"Cashier's check."NRS 104.3104.

"Certificate of deposit."NRS 104.3104.

"Certified check."NRS 104.3409.

"Check."NRS 104.3104.

"Holder in due course."NRS 104.3302.

"Instrument."NRS 104.3104.

"Notice of dishonor."NRS 104.3503.

"Order."NRS 104.3103.

"Ordinary care."NRS 104.3103.

"Person entitled to enforce."NRS 104.3301.

"Presentment."NRS 104.3501.

"Promise."NRS 104.3103.

"Prove."NRS 104.3103.

"Record."NRS 104.3103.

"Remotely-created item."NRS 104.3103.

"Teller's check."NRS 104.3104.

"Unauthorized signature."NRS 104.3403.

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

NRS 104.4104

Added to NRS by 1965, 841; A 1993, 1299; 1997, 374; 2005, 855, 2004