N.Y. Uniform Commercial Code Law § 4-201: Presumption and Duration of Agency Status of Collecting Banks and Provisional Status of Credits; Applicability of Article; Item Indorsed ...

Section 4--201. Presumption and Duration of Agency Status of Collecting

Banks and Provisional Status of Credits; Applicability

of Article; Item Indorsed "Pay Any Bank".

(1) Unless a contrary intent clearly appears and prior to the time

that a settlement given by a collecting bank for an item is or becomes

final (subsection (3) of Section 4--211 and Sections 4--212 and 4--213)

the bank is an agent or sub-agent of the owner of the item and any

settlement given for the item is provisional. This provision applies

regardless of the form of indorsement or lack of indorsement and even

though credit given for the item is subject to immediate withdrawal as

of right or is in fact withdrawn; but the continuance of ownership of an

item by its owner and any rights of the owner to proceeds of the item

are subject to rights of a collecting bank such as those resulting from

outstanding advances on the item and valid rights of setoff. When an

item is handled by banks for purposes of presentment, payment and

collection, the relevant provisions of this Article apply even though

action of parties clearly establishes that a particular bank has

purchased the item and is the owner of it.

(2) After an item has been indorsed with the words "pay any bank" or

the like, only a bank may acquire the rights of a holder

(a) until the item has been returned to the customer initiating

collection; or

(b) until the item has been specially indorsed by a bank to a

person who is not a bank.