Skip to content
Georgia Commons
Menu

Official Code of Georgia Annotated

Title 11. COMMERCIAL CODE · Chapter 4. · Article 4. BANK DEPOSITS AND COLLECTIONS · Part 4. RELATIONSHIP BETWEEN PAYOR BANK AND ITS CUSTOMER

11-4-405. Death or incompetence of customer.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. (a)

    A payor or collecting bank’s authority to accept, pay, or collect an item or to account for proceeds of its collection, if otherwise effective, is not rendered ineffective by incompetence of a customer of either bank existing at the time the item is issued or its collection is undertaken if the bank does not know of an adjudication of incompetence. Neither death nor incompetence of a customer revokes the authority to accept, pay, collect, or account until the bank knows of the fact of death or of an adjudication of incompetence and has reasonable opportunity to act on it.#

  2. (b)

    Even with knowledge, a bank may for ten days after the date of death pay or certify checks drawn on or before that date unless ordered to stop payment by a person claiming an interest in the account.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1933, § 109A-4-405, enacted by Ga. L. 1962, p. 156, § 1; Ga. L. 1996, p. 1306, § 13.

Cross references

Disposition by bank of deposit of deceased depositor, § 7-1-239.

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t11-(v9)-2022-pdf.pdf, Volume V9, 2022 edition, page 528; merge action: carried; file SHA-256 ad397fccbf21.