7-3-409
Section 7-3-409 Acceptance of draft; certified check. (a) "Acceptance" means the
drawee's signed agreement to pay a draft as presented. It must be written on the draft and
may consist of the drawee's signature alone. Acceptance may be made at any time and becomes
effective when notification pursuant to instructions is given or the accepted draft is delivered
for the purpose of giving rights on the acceptance to any person. (b) A draft may be accepted
although it has not been signed by the drawer, is otherwise incomplete, is overdue, or has
been dishonored. (c) If a draft is payable at a fixed period after sight and the acceptor
fails to date the acceptance, the holder may complete the acceptance by supplying a date in
good faith. (d) "Certified check" means a check accepted by the bank on which it
is drawn. Acceptance may be made as stated in subsection (a) or by a writing on the check
which indicates that the check is certified. The drawee of a check has no obligation to certify
the...
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7-4A-406
Section 7-4A-406 Payment by originator to beneficiary; discharge of underlying obligation.
(a) Subject to Sections 7-4A-211(e), 7-4A-405(d), and 7-4A-405(e), the originator of a funds
transfer pays the beneficiary of the originator's payment order (i) at the time a payment
order for the benefit of the beneficiary is accepted by the beneficiary's bank in the funds
transfer and (ii) in an amount equal to the amount of the order accepted by the beneficiary's
bank, but not more than the amount of the originator's order. (b) If payment under subsection
(a) is made to satisfy an obligation, the obligation is discharged to the same extent discharge
would result from payment to the beneficiary of the same amount in money, unless (i) the payment
under subsection (a) was made by a means prohibited by the contract of the beneficiary with
respect to the obligation, (ii) the beneficiary, within a reasonable time after receiving
notice of receipt of the order by the beneficiary's bank, notified the...
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7-4A-507
Section 7-4A-507 Choice of law. (a) The following rules apply unless the affected parties otherwise
agree or subsection (c) applies: (1) The rights and obligations between the sender of a payment
order and the receiving bank are governed by the law of the jurisdiction in which the receiving
bank is located. (2) The rights and obligations between the beneficiary's bank and the beneficiary
are governed by the law of the jurisdiction in which the beneficiary's bank is located. (3)
The issue of when payment is made pursuant to a funds transfer by the originator to the beneficiary
is governed by the law of the jurisdiction in which the beneficiary's bank is located. (b)
If the parties described in each paragraph of subsection (a) have made an agreement selecting
the law of a particular jurisdiction to govern rights and obligations between each other,
the law of that jurisdiction governs those rights and obligations, whether or not the payment
order or the funds transfer bears a reasonable...
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27-40-15
Section 27-40-15 Premium financed to be sent to insurance company, agent, or surplus lines
broker; issuance of drafts, etc.; duties with respect to cancellation. (a) The amount of premium
financed, more specifically referred to as "the principal balance" in paragraph
c. of subdivision (3) of subsection (a) of Section 27-40-8, shall be sent to the insurance
company or companies, or the agent or surplus lines broker. (b) All drafts, checks, or other
orders of payment issued for premiums financed shall be issued by or on behalf of the premium
finance company and shall be mailed, delivered, or otherwise transmitted directly to the insurance
company or its agent, or surplus lines broker. Any check, draft, or other order or form of
payment to any insurance agent, insurance broker, managing general agent, or other person,
when issued shall be presumed to have been issued by the duly authorized agent of the premium
finance company which provided the checks or drafts to the person issuing the...
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7-3-118
Section 7-3-118 Statute of limitations. (a) Note payable at a definite time. Except as provided
in subsection (e), an action to enforce the obligation of a party to pay a note payable at
a definite time must be commenced within six years after the due date or dates stated in the
note or, if a due date is accelerated, within six years after the accelerated due date. (b)
Note payable on demand. Except as provided in subsection (d) or (e), if demand for payment
is made to the maker of a note payable on demand, an action to enforce the obligation of a
party to pay the note must be commenced within six years after the demand. If no demand for
payment is made to the maker, an action to enforce the note is barred if neither principal
nor interest on the note has been paid for a continuous period of 10 years. (c) Unaccepted
draft. Except as provided in subsection (d), an action to enforce the obligation of a party
to an unaccepted draft to pay the draft must be commenced within three years...
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7-3-504
Section 7-3-504 Excused presentment and notice of dishonor. (a) Presentment for payment or
acceptance of an instrument is excused if (i) the person entitled to present the instrument
cannot with reasonable diligence make presentment, (ii) the maker or acceptor has repudiated
an obligation to pay the instrument or is dead or in insolvency proceedings, (iii) by the
terms of the instrument presentment is not necessary to enforce the obligation of indorsers
or the drawer, (iv) the drawer or indorser whose obligation is being enforced has waived presentment
or otherwise has no reason to expect or right to require that the instrument be paid or accepted,
or (v) the drawer instructed the drawee not to pay or accept the draft or the drawee was not
obligated to the drawer to pay the draft. (b) Notice of dishonor is excused if (i) by the
terms of the instrument notice of dishonor is not necessary to enforce the obligation of a
party to pay the instrument, or (ii) the party whose obligation is...
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41-14A-9
Section 41-14A-9 Procedures for payment of losses. (a) When the State Treasurer becomes aware
that a default or insolvency has occurred, the State Treasurer shall provide notice as required
in subsection (b) and implement the following procedures: (1) The State Treasurer shall obtain
information from the Superintendent of Banks of the State Banking Department or the receiver
of the qualified public depository in default in order to ascertain the amount of funds of
each public depositor on deposit at such depository and the amount of deposit insurance applicable
to such deposits. (2) The potential loss to public depositors shall be calculated by compiling
claims received from public depositors. The State Treasurer shall validate claims of public
depositors who filed claims under subsection (b) and which have been confirmed under subdivision
(1). (3) The loss to public depositors shall be satisfied, insofar as possible, first through
any applicable deposit insurance and then through the...
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5-6A-22
Section 5-6A-22 Overdrawing own account; receipt of commissions, etc., to procure loans, discounts,
etc. Any officer, director, or employee of a bank who willfully and knowingly overdraws his
account with such bank and thereby obtains money or funds of any such bank except as the superintendent
shall allow by regulation, or asks, receives, consents or agrees to receive any commission,
emolument, gratuity, or reward or any promise of any commission, emolument or reward, or any
money, property or thing of value or of personal advantage in procuring or endeavoring to
procure for any person, firm or corporation any loan from or the purchase or discount of any
paper, note, draft, check or bill of exchange by any such bank is guilty of a misdemeanor.
(Acts 1980, No. 80-658, §5-6-22.)...
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7-4A-103
Section 7-4A-103 Payment order - Definitions. (a) In this article: (1) "Payment order"
means an instruction of a sender to a receiving bank, transmitted orally, electronically,
or in writing, to pay, or to cause another bank to pay, a fixed or determinable amount of
money to a beneficiary if: (i) the instruction does not state a condition to payment to the
beneficiary other than time of payment, (ii) the receiving bank is to be reimbursed by debiting
an account of, or otherwise receiving payment from, the sender, and (iii) the instruction
is transmitted by the sender directly to the receiving bank or to an agent, funds-transfer
system, or communication system for transmittal to the receiving bank. (2) "Beneficiary"
means the person to be paid by the beneficiary's bank. (3) "Beneficiary's bank"
means the bank identified in a payment order in which an account of the beneficiary is to
be credited pursuant to the order or which otherwise is to make payment to the beneficiary
if the order...
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11-8-10
Section 11-8-10 Warrants or orders for payment of money not to be issued until funds available.
No warrant or order for the payment of money shall be issued under authority of the county
commission until funds are available for its payment upon presentation to the treasurer or
depository pursuant to procedures established by the county commission. (Acts 1935, No. 379,
p. 803; Code 1940, T. 12, §78; Act 2007-488, p. 1037, §1.)...
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