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852 — Puerto Rico Law | CourtGPT
  1. Home/
  2. Laws/
  3. Puerto Rico/
  4. Title Nineteen - Negotiable Instruments (§§ 1-24 — 2409)/
  5. Subtitle 2 - Commercial Transactions/
  6. Chapter 45 - Bank Deposits and Collections Sub/
  7. Subchapter II - Collection of Items; Depository and Collecting Banks § 851 - Status of Collecting Bank; Applicability of Chapter; Item Indorsed/
  8. 852
Puerto Rico Legal Code
(a) A collecting bank must exercise ordinary care in:(1) Presenting an item or sending it for presentment;(2) sending notice of dishonor or nonpayment or returning an item other than a documentary draft to the bank’s transferor after learning that the item has not been paid or accepted, as the case may be;(3) settling for an item when the bank receives final settlement, and(4) notifying its transferor of any loss or delay in transit within a reasonable time after discovery thereof.(b) A collecting bank exercises ordinary care under subsection (a) of this section by taking proper action before its midnight deadline following receipt of an item, notice, or settlement. Taking proper action within a reasonably longer time may constitute the exercise of ordinary care, but the bank has the burden of establishing timeliness.(c) Subject to subsection (a)(1) of this section, a bank is not liable for the insolvency, neglect, misconduct, mistake, or default of another bank or person or for loss or destruction of an item in the possession of others or in transit. History —Aug. 17, 1995, No. 208, § 3-202; Aug. 31, 1996, No. 176, § 3.

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