§490:4-404  Bank not obligated to pay check more than six months old.  A bank is under no obligation to a customer having a checking account to pay a check, other than a certified check, which is presented more than six months after its date, but it may charge its customer's account for a payment made thereafter in good faith. [L 1965, c 208, §4-404; HRS §490:4-404; ree L 1991, c 118, pt of §4]

 

COMMENTS TO OFFICIAL TEXT

 

  Prior Uniform Statutory Provision:  None.

  Purposes:

  This section incorporates a type of statute adopted in twenty-six jurisdictions.  The time limit is set at six months because banking and commercial practice regards a check outstanding for longer than that period as stale, and a bank will normally not pay such a check without consulting the depositor.  It is therefore not required to do so, but is given the option to pay because it may be in a position to know, as in the case of dividend checks, that the drawer wants payment made.

  Certified checks are excluded from the section because they are the primary obligation of the certifying bank (Sections 3-411 and 3-413), which obligation runs direct to the holder of the check.  The customer's account was charged when the check was certified.

  Cross References:

  Sections 3-411 and 3-413.

  Definitional Cross References:

  "Account".  Section 4-104.

  "Bank".  Section 1-201.

  "Check".  Section 3-104.

  "Customer".  Section 4-104.

  "Good faith".  Section 1-201.

  "Present".  Section 3-504.