Security interest of collecting bank in items, accompanying documents and proceeds

Wis. Stat. § 404.210 — under COLLECTION OF ITEMS: DEPOSITARY AND COLLECTING BANKS.

Wis. Stat. § 404.210

404.210 Security interest of collecting bank in items, accompanying documents and proceeds. (1) A collecting bank has a security interest in an item and any accompanying documents or the proceeds of either in any of the following situations: (a) In case of an item deposited in an account, to the extent to which credit given for the item has been withdrawn or applied. (b) In case of an item for which it has given credit available for withdrawal as of right, to the extent of the credit given,

May 22, 2026, are designated by NOTES. (Published 5-22-26)

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Updated 23-24 Wis. Stats.

UCC — BANK DEPOSITS AND COLLECTIONS

whether or not the credit is drawn upon or there is a right of charge-back. (c) If it makes an advance on or against the item. (2) If credit given for several items received at one time or pursuant to a single agreement is withdrawn or applied in part, the security interest remains upon all the items, any accompanying documents or the proceeds of either. For the purpose of this section, credits first given are first withdrawn. (3) Receipt by a collecting bank of a final settlement for an item is a realization on its security interest in the item, accompanying documents and proceeds. So long as the bank does not receive final settlement for the item or give up possession of the item or possession or control of the accompanying documents for purposes other than collection, the security interest continues to that extent and is subject to ch. 409, but all of the following apply: (a) No security agreement is necessary to make the security interest enforceable. (b) No filing is required to perfect the security interest. (c) The security interest has priority over conflicting perfected security interests in the item, accompanying documents or proceeds. History: 1973 c. 336 s. 79; 1995 a. 449 s. 47; Stats. 1995 s. 404.210; 2009 a. 322.

404.215

case of tender of settlement by authority to charge an account, when the authority is sent or delivered. 4. With respect to tender of settlement by a funds transfer, when payment is made pursuant to s. 410.406 (1) to the person receiving settlement. (2) If the tender of settlement is not by a medium authorized by sub. (1) or the time of settlement is not fixed by sub. (1), no settlement occurs until the tender of settlement is accepted by the person receiving settlement. (3) If settlement for an item is made by cashier’s check or teller’s check and the person receiving settlement, before its midnight deadline does any of the following: (a) Presents or forwards the check for collection, settlement is final when the check is finally paid. (b) Fails to present or forward the check for collection, settlement is final at the midnight deadline of the person receiving settlement. (4) If settlement for an item is made by giving authority to charge the account of the bank giving settlement in the bank receiving settlement, settlement is final when the charge is made by the bank receiving settlement if there are funds available in the account for the amount of the item. History: 1995 a. 449.