67-4a-203 - Checks, drafts, and similar instruments issued or certified by banking and financial organizations.
67-4a-203. Checks, drafts, and similar instruments issued or certified by bankingand financial organizations.
(1) Any sum payable on a bank draft that has been outstanding for more than three yearsafter it was payable or after its issuance, if payable on demand, is considered abandoned unlessthe owner, within three years, has communicated in writing with the banking or financialorganization concerning it or otherwise indicated an interest as evidenced by a memorandum orother record on file prepared by an employee of the banking or financial organization.
(2) A holder may not deduct from the amount of a bank draft any charge imposedbecause of the failure to present the instrument for payment unless:
(a) there is a valid and enforceable written contract between the issuer and the owner ofthe instrument that authorizes the issuer to impose a charge; and
(b) the issuer regularly imposes those charges and does not regularly reverse or otherwisecancel them.
Amended by Chapter 18, 2007 General Session