Warranties of collecting bank as to documents of title

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A collecting bank or other intermediary known to be entrusted with documents of title on behalf of another or with collection of a draft or other claim against delivery of documents warrants by the delivery of the documents only its own good faith and authority even if the collecting bank or other intermediary has purchased or made advances against the claim or draft to be collected.

(Dec. 30, 1963, 77 Stat. 730, Pub. L. 88-243, § 1; Apr. 27, 2013, D.C. Law 19-299, § 9, 60 DCR 2634.)

Prior Codifications

1981 Ed., § 28:7-508.

1973 Ed., § 28:7-508.

Section References

This section is referenced in § 28:7-507.

Uniform Commercial Code Comment

Prior Uniform Statutory Provision: None.

Purposes: 1. To state the limited warranties given with respect to the documents accompanying a documentary draft.

2. In warranting its authority a bank only warrants its authority from its transferor. See Section 4-203. It does not warrant the genuineness or effectiveness of the document. Compare Section 7-507.

3. Other duties and rights of banks handling documentary drafts for collection are stated in Article 4, Part 5.

Cross References:Sections 4-203 and 7-507, 4-501 through 4-504.

Definitional Cross References: “Collecting bank”. Section 4-105.

“Delivery”. Section 1-201.

“Document”. Section 7-102.

“Draft”. Section 5-103.

“Good faith”. Section 1-201.

Prior Uniform Statutory Provision: Former Section 7-508.

Changes: Changes for style only.

Purposes: 1. To state the limited warranties given with respect to the documents accompanying a documentary draft.

2. In warranting its authority a collecting bank or other intermediary only warrants its authority from its transferor. See Section 4-203. It does not warrant the genuineness or effectiveness of the document. Compare Section 7-507.

3. Other duties and rights of banks handling documentary drafts for collection are stated in Article 4, Part 5. On the meaning of draft, see Section 4-104 and Section 5-102, comment 11.

Cross References:Sections 4-104, 4-203, 4-501 through 4-504, 5-102, and 7-507.

Definitional Cross References: “Collecting bank”. Section 4-105.

“Delivery”. Section 1-201.

“Document of title”. Section 1-102.

“Documentary draft”. Section 4-104.

“Intermediary bank”. Section 4-105.

“Good faith”. Section 1-201 [7-102].


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