Okla. Stat. tit. 12A, § 12A-4-406
This is the official text of Okla. Stat. tit. 12A, § 12A-4-406, part of Oklahoma’s Stat. tit. 12A, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 12A,." Browse the sections below, each linked to its official government source.
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Customer's Duty to Discover and Report Unauthorized
Official statutory text
Signature or Alteration.
CUSTOMER'S DUTY TO DISCOVER AND REPORT
UNAUTHORIZED SIGNATURE OR ALTERATION
(a) A bank that sends or makes available to a customer a
statement of account showing payment of items for the account shall
either return or make available to the customer the items paid or
provide information in the statement of account sufficient to allow
the customer reasonably to identify the items paid. The statement
of account provides sufficient information if the item is described
by item number, amount, and date of payment.
(b) If the items are not returned to the customer, the person
retaining the items shall either retain the items or, if the items
are destroyed, maintain the capacity to furnish legible copies of
the items until the expiration of seven (7) years after receipt of
the items. A customer may request an item from the bank that paid
the item, and that bank must provide in a reasonable time either the
item or, if the item has been destroyed or is not otherwise
obtainable, a legible copy of the item.
(c) If a bank sends or makes available a statement of account
or items pursuant to subsection (a) of this section, the customer
must exercise reasonable promptness in examining the statement or
the items to determine whether any payment was not authorized
because of an alteration of an item or because a purported signature
by or on behalf of the customer was not authorized. If, based on
the statement or items provided, the customer should reasonably have
Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 351
discovered the unauthorized payment, the customer must promptly
notify the bank of the relevant facts.
(d) If the bank proves that the customer failed, with respect
to an item, to comply with the duties imposed on the customer by
subsection (c) of this section, the customer is precluded from
asserting against the bank:
(1) The customer's unauthorized signature or any
alteration on the item, if the bank also proves that
it suffered a loss by reason of the failure; and
(2) The customer's unauthorized signature or alteration by
the same wrongdoer on any other item paid in good
faith by the bank if the payment was made before the
bank received notice from the customer of the
unauthorized signature or alteration and after the
customer had been afforded a reasonable period of
time, not exceeding thirty (30) days, in which to
examine the item or statement of account and notify
the bank.
(e) If subsection (d) of this section applies and the customer
proves that the bank failed to exercise ordinary care in paying the
item and that the failure substantially contributed to loss, the
loss is allocated between the customer precluded and the bank
asserting the preclusion according to the extent to which the
failure of the customer to comply with subsection (c) of this
section and the failure of the bank to exercise ordinary care
contributed to the loss. If the customer proves that the bank did
not pay the item in good faith, the preclusion under subsection (d)
of this section does not apply.
(f) Without regard to care or lack of care of either the
customer or the bank, a customer who does not within one (1) year
after the statement or items are made available to the customer
(subsection (a) of this section) discover and report the customer's
unauthorized signature on or any alteration on the item is precluded
from asserting against the bank the unauthorized signature or
alteration. If there is a preclusion under this subsection, the
payor bank may not recover for breach of warranty under Section 4-
208 of this title with respect to the unauthorized signature or
alteration to which the preclusion applies.
CUSTOMER'S DUTY TO DISCOVER AND REPORT
UNAUTHORIZED SIGNATURE OR ALTERATION
(a) A bank that sends or makes available to a customer a
statement of account showing payment of items for the account shall
either return or make available to the customer the items paid or
provide information in the statement of account sufficient to allow
the customer reasonably to identify the items paid. The statement
of account provides sufficient information if the item is described
by item number, amount, and date of payment.
(b) If the items are not returned to the customer, the person
retaining the items shall either retain the items or, if the items
are destroyed, maintain the capacity to furnish legible copies of
the items until the expiration of seven (7) years after receipt of
the items. A customer may request an item from the bank that paid
the item, and that bank must provide in a reasonable time either the
item or, if the item has been destroyed or is not otherwise
obtainable, a legible copy of the item.
(c) If a bank sends or makes available a statement of account
or items pursuant to subsection (a) of this section, the customer
must exercise reasonable promptness in examining the statement or
the items to determine whether any payment was not authorized
because of an alteration of an item or because a purported signature
by or on behalf of the customer was not authorized. If, based on
the statement or items provided, the customer should reasonably have
Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 351
discovered the unauthorized payment, the customer must promptly
notify the bank of the relevant facts.
(d) If the bank proves that the customer failed, with respect
to an item, to comply with the duties imposed on the customer by
subsection (c) of this section, the customer is precluded from
asserting against the bank:
(1) The customer's unauthorized signature or any
alteration on the item, if the bank also proves that
it suffered a loss by reason of the failure; and
(2) The customer's unauthorized signature or alteration by
the same wrongdoer on any other item paid in good
faith by the bank if the payment was made before the
bank received notice from the customer of the
unauthorized signature or alteration and after the
customer had been afforded a reasonable period of
time, not exceeding thirty (30) days, in which to
examine the item or statement of account and notify
the bank.
(e) If subsection (d) of this section applies and the customer
proves that the bank failed to exercise ordinary care in paying the
item and that the failure substantially contributed to loss, the
loss is allocated between the customer precluded and the bank
asserting the preclusion according to the extent to which the
failure of the customer to comply with subsection (c) of this
section and the failure of the bank to exercise ordinary care
contributed to the loss. If the customer proves that the bank did
not pay the item in good faith, the preclusion under subsection (d)
of this section does not apply.
(f) Without regard to care or lack of care of either the
customer or the bank, a customer who does not within one (1) year
after the statement or items are made available to the customer
(subsection (a) of this section) discover and report the customer's
unauthorized signature on or any alteration on the item is precluded
from asserting against the bank the unauthorized signature or
alteration. If there is a preclusion under this subsection, the
payor bank may not recover for breach of warranty under Section 4-
208 of this title with respect to the unauthorized signature or
alteration to which the preclusion applies.
Status: in_force · Read it on the official government site
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