Oregon Revised Statutes Chapter 74 § 74.4010 — When
Oregon Revised Statutes Chapter 74 ·
Oregon Code § 74.4010·Enacted ·Last updated March 01, 2026
Statute Text
When
bank may charge customers account.
(1) A bank may charge against the 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 benefits 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 ORS 74.4030 (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 ORS 74.3030. 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 ORS 74.4020.
(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 altered item; or
(b) The terms of
the completed item, even though the bank knows the item has been completed
unless the bank has notice that the completion was improper. [1961 c.726 §74.4010;
1993 c.545 §104]
Plain English Explanation
This Oregon statute addresses When
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Key Points
01Part of Oregon statutory law
02Referenced as Oregon Code § 74.4010
03Subject to legislative amendments
04Consult a licensed attorney for application to specific cases
Frequently Asked Questions
This section of Oregon law addresses When
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