Author Question: If an investment is legally classified as a security, then the security issuer may choose to follow ... (Read 114 times)

Hungry! · **on:** Jun 24, 2018

If an investment is legally classified as a security, then the security issuer may choose to follow either state securities law or federal securities law.
a. True
b. False
Indicate whether the statement is true or false

Question 2

Monthly Statements. Steven Gerber had a joint checking account with his mother at City National Bank of Florida. Between January and May 1990, a number of checks were allegedly forged on the account. Gerber asked City National to recredit the account for the amount of the checks, but the bank refused. In March 1992, Gerber filed a lawsuit against the bank. City National filed a motion to dismiss, claiming that the suit was barred because Gerber did not file it within a year of City National's making available to Gerber the bank statements that reflected the forged checks. Gerber argued that the only requirement was that he notify the bank of any unauthorized signatures within a year. How should the court rule?

kilada · **Reply #1 on:** Jun 24, 2018

Answer to Question 1

FALSE

Answer to Question 2

Monthly statements
The court agreed with Gerber and held that UCC 4-406 is not a statute of limitations, which requires a customer to actually file suit against a bank within the one-year period, but is merely a notice requirement, which must be satisfied in order for a customer to preserve the right to bring suit against the bank at a later time. UCC 4-406 merely requires a customer to discover and report' an unauthorized signature, or else be precluded from asserting' liability against the bank. The section does not require that suit be filed, nor does it state that an action shall be commenced,' but only imposes on bank customers, who are in a better position to detect for-geries than bank personnel, a duty to notify a bank of an unauthorized signature in order to facilitate discovery and prevention of further wrongdoing. The court recognized, however, that when a series of checks, rather than a single check, are alleged to have been improperly hon-ored by a bank, the proper application of UCC 4-406 may serve to preclude a customer's re-covery on some checks, while allowing recovery on others, depending upon when bank state-ments are issued and when notice is given. (This case was decided before the revisions to Articles 3 and 4, but the result would likely be the same under those revisions.)