Iowa General Assembly Banner


554.4401 When bank may charge customer's account.

1. A bank may charge against the customer's account of a customer an item that is properly payable from that account even though the charge creates an overdraft. An item is properly payable if it is authorized by the customer and is in accordance with any agreement between the customer and bank.

2. A customer is not liable for the amount of an overdraft if the customer neither signed the item nor benefited from the proceeds of the item.

3. A bank may charge against the account of a customer a check that is otherwise properly payable from the account, even though payment was made before the date of the check, unless the customer has given notice to the bank of the postdating describing the check with reasonable certainty. The notice is effective for the period stated in section 554.4403, subsection 2, for stop-payment orders, and must be received at such time and in such manner as to afford the bank a reasonable opportunity to act on it before the bank takes any action with respect to the check described in section 554.4303. If a bank charges against the account of a customer a check before the date stated in the notice of postdating, the bank is liable for damages for the loss resulting from its act. The loss may include damages for dishonor of subsequent items under section 554.4402.

4. A bank that in good faith makes payment to a holder may charge the indicated account of its customer according to:

a. the original terms of the customer's altered item; or

b. the terms of the customer's completed item, even though the bank knows the item has been completed unless the bank has notice that the completion was improper.

Section History: Early form

[C66, 71, 73, 75, 77, 79, 81, § 554.4401]

Section History: Recent form

94 Acts, ch 1167, §107

Internal References

Referred to in § 554.3113

Footnotes

1994 amendments take effect July 1, 1995; 94 Acts, ch 1167, §122; for law prior to July 1, 1995, see Code 1993


Return To Home Iowa General Assembly

index Search: Iowa Code 1995

© 1996 Cornell College and League of Women Voters of Iowa


Comments? webmaster@legis.iowa.gov.

Last update: Thu Feb 8 18:14:51 CST 1996
URL: /IACODE/1995/554/4401.html
jhf