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HomeCommercial CodeDiv. 4Ch. 2§ 4210 Bank Security Interest Rules

§ 4210 Bank Security Interest Rules

Commercial Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 4210 Bank Security Interest Rules

This law says that when a bank takes in a check or payment for deposit, it has a special claim on that money or the check itself until everything is fully processed. This protects the bank if something goes wrong, like the check bouncing.

Key Takeaways

  • •Banks have a special claim on checks or payments you deposit until they fully process them.
  • •If you withdraw money from a deposited check and the check bounces, the bank can take the money back.
  • •The bank doesn’t need extra paperwork or filings to have this special claim—it’s automatic.
  • •This claim gives the bank priority over others who might also have a claim on the same money or check.

Example

You deposit a $100 check into your bank account, and the bank lets you withdraw the money right away.

If the check later bounces, the bank can take the $100 back from your account because it had a special claim on that money until the check fully cleared.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 4210 Bank Security Interest Rules

(a) A collecting bank has a security interest in an item and any accompanying documents or the proceeds of either: (1) In case of an item deposited in an account to the extent to which credit given for the item has been withdrawn or applied. (2) 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 chargeback. (3) If it makes an advance on or against the item. (b) If credit given for several items received at one time or pursuant to a single agreement is withdrawn or applied in part, the security interest remains upon all the items, any accompanying documents or the proceeds of either. For the purpose of this section, credits first given are first withdrawn. (c) 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 Division 9 (commencing with Section 9101), but all of the following are applicable: (1) No security agreement is necessary to make the security interest enforceable (subparagraph (A) of paragraph (3) of subdivision (b) of Section 9203). (2) No filing is required to perfect the security interest. (3) The security interest has priority over conflicting perfected security interests in the item, accompanying documents, or proceeds. (Amended by Stats. 2006, Ch. 254, Sec. 46. Effective January 1, 2007.)

Last verified: January 10, 2026

Key Terms

collecting banksecurity interestfinal settlementproceedscredit given

Related Statutes

  • § 7209 Warehouse Lien On Goods
  • § 9205 Debtor Control Of Collateral
  • § 2210 Contract Performance Delegation Rules
  • § 4201 Bank Settlement Provisional Status
  • § 4202 Bank Item Collection Duties

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Commercial Code. Section 4210.
View Official Source