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Indemnity Agreement-Initiated Before 30 Days?

Question: 
Should an indemnity agreement for a lost negotiable instrument be initiated before the 30 days after issue? Is there any legal liability in doing this before the 30 days? Does the indemnity agreement have to specify that the 30 days is a factor?
Answer: 

by Ken Golliher:

An indemnity agreement can say anything, there is no standard form. With relatively recent modifications to the UCC fewer and fewer banks make use of indemnity agreements in this context because the law provides a more objective, clear-cut mechanism.

Look to see if your state enacted Article 3-312 of the UCC. It dictates the methodology for replacing lost or stolen official check, but focuses on a more realistic waiting period: 90 days.

Answer: 

by John Burnett:

If the checks are issued by or certified by a bank in the state of New York, I believe that the procedures for handling a lost, stolen or destroyed official check or certified check is found in section 4-403(2) of the New York UCC. When I last checked, all the other states had adopted section 3-312, but you should see how it is worded in your state.

First published on 12/17/2017

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