Oregon Revised Statutes Chapter 74 § 74.2100 — Security interest of collecting bank in items; priority
Oregon Revised Statutes Chapter 74 ·
Oregon Code § 74.2100·Enacted ·Last updated March 01, 2026
Statute Text
Security interest of collecting bank in items; priority.
(1) A collecting bank has a
security interest in an item and in any accompanying documents or in the
proceeds of either:
(a) In case of an
item deposited in an account, to the extent to which credit given for the item
has been withdrawn or applied;
(b) In case of an
item for which it has given credit available for withdrawal as of right, to the
extent of the credit given, whether or not the credit is drawn upon or there is
a right of charge-back; or
(c) If it makes
an advance on or against the item.
(2) If credit
given for several items received at one time or pursuant to a single agreement
is withdrawn or applied in part, the security interest remains upon all the
items, any accompanying documents or the proceeds of either. For the purpose of
this action, credits first given are first withdrawn.
(3) Receipt by a
collecting bank of a final settlement for an item is a realization on its
security interest in the item, accompanying documents and proceeds. So long as
the bank does not receive final settlement for the item or give up possession
of the item or possession or control of the accompanying documents for purposes
other than collection, the security interest continues to that extent and is
subject to ORS chapter 79A, but:
(a) No security
agreements are necessary to make the security interest enforceable under ORS
79A.2030 (2)(c)(A);
(b) No filing is
required to perfect the security interest; and
(c) The security
interest has priority over conflicting perfected security interests in the
item, accompanying documents or proceeds. [1961 c.726 §74.2100; 1993 c.545 §93;
2001 c.445 §146; 2009 c.181 §46]
Plain English Explanation
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Key Points
01Part of Oregon statutory law
02Referenced as Oregon Code § 74.2100
03Subject to legislative amendments
04Consult a licensed attorney for application to specific cases
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