Section 4405 - Death or incapacity of customer

13 PA Cons Stat § 4405 (2019) (N/A)

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§ 4405. Death or incapacity of customer.

(a) Authority of bank unaffected in absence of knowledge.-- The authority of a payor or collecting bank to accept, pay or collect an item or to account for proceeds of its collection, if otherwise effective, is not rendered ineffective by incapacity of a customer of either bank existing at the time the item is issued or its collection is undertaken if the bank does not know of an adjudication of incapacity. Neither death nor incapacity of a customer revokes the authority to accept, pay, collect or account until the bank knows of the fact of death or of an adjudication of incapacity and has reasonable opportunity to act on it.

(b) Limited authority of bank following knowledge.--Even with knowledge, a bank may for ten days after the date of death pay or certify checks drawn on or before that date unless ordered to stop payment by a person claiming an interest in the account. (Apr. 16, 1992, P.L.108, No.24, eff. 60 days; July 9, 1992, P.L.507, No.97, eff. one year)

1992 Amendments. Act 24 amended the heading and subsec. (a) and Act 97 amended the entire section. Act 97 overlooked the amendment by Act 24, but the amendments do not conflict in substance, and both have been given effect in setting forth the section heading and the text of subsec. (a).

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