§490:4-504  Privilege of presenting bank to deal with goods; security interest for expenses.  (a)  A presenting bank that, following the dishonor of a documentary draft, has seasonably requested instructions but does not receive them within a reasonable time may store, sell, or otherwise deal with the goods in any reasonable manner.

     (b)  For its reasonable expenses incurred by action under subsection (a), the presenting bank has a lien upon the goods or their proceeds, which may be foreclosed in the same manner as an unpaid seller's lien. [L 1965, c 208, §4-504; HRS §490:4-504; am L 1991, c 118, pt of §4]

 

COMMENTS TO OFFICIAL TEXT

 

  Prior Uniform Statutory Provision:  None.

  Purposes:

  To give the presenting bank, after dishonor, a privilege to deal with the goods in any commercially reasonable manner pending instructions from its transferor and, if still unable to communicate with its principal after a reasonable time, a right to realize its expenditures as if foreclosing on an unpaid seller's lien (Section 2-706).  The provision includes situations in which storage of goods or other action becomes commercially necessary pending receipt of any requested instructions, even if the requested instructions are later received.

  The "reasonable manner" referred to means one reasonable in the light of business factors and the judgment of a business man.

  Cross References:

  Sections 4-503 and 2-706.

  Definitional Cross References:

  "Presenting bank".  Section 4-105.

  "Documentary draft".  Sections 4-104, 5-103.