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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7-4A-204
Section 7-4A-204 Refund of payment and duty of customer to report with respect to unauthorized
payment order. (a) If a receiving bank accepts a payment order issued in the name of its customer
as sender which is (i) not authorized and not effective as the order of the customer under
Section 7-4A-202, or (ii) not enforceable, in whole or in part, against the customer under
Section 7-4A-203, the bank shall refund any payment of the payment order received from the
customer to the extent the bank is not entitled to enforce payment and shall pay interest
on the refundable amount calculated from the date the bank received payment to the date of
the refund. However, the customer is not entitled to interest from the bank on the amount
to be refunded if the customer fails to exercise ordinary care to determine that the order
was not authorized by the customer and to notify the bank of the relevant facts within a reasonable
time not exceeding 90 days after the date the customer received...
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7-4A-304
Section 7-4A-304 Duty of sender to report erroneously executed payment order. If the sender
of a payment order that is erroneously executed as stated in Section 7-4A-303 receives notification
from the receiving bank that the order was executed or that the sender's account was debited
with respect to the order, the sender has a duty to exercise ordinary care to determine, on
the basis of information available to the sender, that the order was erroneously executed
and to notify the bank of the relevant facts within a reasonable time not exceeding 90 days
after the notification from the bank was received by the sender. If the sender fails to perform
that duty, the bank is not obliged to pay interest on any amount refundable to the sender
under Section 7-4A-402(d) for the period before the bank learns of the execution error. The
bank is not entitled to any recovery from the sender on account of a failure by the sender
to perform the duty stated in this section. (Acts 1992, 2nd Ex. Sess.,...
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7-4A-506
Section 7-4A-506 Rate of interest. (a) If, under this article, a receiving bank is obliged
to pay interest with respect to a payment order issued to the bank, the amount payable may
be determined (i) by agreement of the sender and receiving bank, or (ii) by a funds-transfer
system rule if the payment order is transmitted through a funds-transfer system. (b) If the
amount of interest is not determined by an agreement or rule as stated in subsection (a),
the amount is calculated by multiplying the applicable federal funds rate by the amount on
which interest is payable, and then multiplying the product by the number of days for which
interest is payable. The applicable federal funds rate is the average of the federal funds
rates published by the Federal Reserve Bank of New York for each of the days for which interest
is payable divided by 360. The federal funds rate for any day on which a published rate is
not available is the same as the published rate for the next preceding day for...
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7-4A-301
Section 7-4A-301 Execution and execution date. (a) A payment order is "executed"
by the receiving bank when it issues a payment order intended to carry out the payment order
received by the bank. A payment order received by the beneficiary's bank can be accepted but
cannot be executed. (b) "Execution date" of a payment order means the day on which
the receiving bank may properly issue a payment order in execution of the sender's order.
The execution date may be determined by instruction of the sender but cannot be earlier than
the day the order is received and, unless otherwise determined, is the day the order is received.
If the sender's instruction states a payment date, the execution date is the payment date
or an earlier date on which execution is reasonably necessary to allow payment to the beneficiary
on the payment date. (Acts 1992, 2nd Ex. Sess., No. 92-701, p. 145, §1.)...
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7-4A-305
Section 7-4A-305 Liability for late or improper execution or failure to execute payment order.
(a) If a funds transfer is completed but execution of a payment order by the receiving bank
in breach of Section 7-4A-302 results in delay in payment to the beneficiary, the bank is
obliged to pay interest to either the originator or the beneficiary of the funds transfer
for the period of delay caused by the improper execution. Except as provided in subsection
(c), additional damages are not recoverable. (b) If execution of a payment order by a receiving
bank in breach of Section 7-4A-302 results in (i) noncompletion of the funds transfer, (ii)
failure to use an intermediary bank designated by the originator, or (iii) issuance of a payment
order that does not comply with the terms of the payment order of the originator, the bank
is liable to the originator for its expenses in the funds transfer and for incidental expenses
and interest losses, to the extent not covered by subsection (a),...
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7-4A-106
Section 7-4A-106 Time payment order is received. (a) The time of receipt of a payment order
or communication cancelling or amending a payment order is determined by the rules applicable
to receipt of a notice stated in Section 7-1-202. A receiving bank may fix a cut-off time
or times on a funds-transfer business day for the receipt and processing of payment orders
and communications cancelling or amending payment orders. Different cut-off times may apply
to payment orders, cancellations, or amendments, or to different categories of payment orders,
cancellations, or amendments. A cut-off time may apply to senders generally or different cut-off
times may apply to different senders or categories of payment orders. If a payment order or
communication cancelling or amending a payment order is received after the close of a funds-transfer
business day or after the appropriate cut-off time on a funds-transfer business day, the receiving
bank may treat the payment order or communication as...
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7-4A-504
Section 7-4A-504 Order in which items and payment orders may be charged to account; order of
withdrawals from account. (a) If a receiving bank has received more than one payment order
of the sender or one or more payment orders and other items that are payable from the sender's
account, the bank may charge the sender's account with respect to the various orders and items
in any sequence. (b) In determining whether a credit to an account has been withdrawn by the
holder of the account or applied to a debt of the holder of the account, credits first made
to the account are first withdrawn or applied. (Acts 1992, 2nd Ex. Sess., No. 92-701, p. 145,
§1.)...
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7-4A-205
Section 7-4A-205 Erroneous payment orders. (a) If an accepted payment order was transmitted
pursuant to a security procedure for the detection of error and the payment order (i) erroneously
instructed payment to a beneficiary not intended by the sender, (ii) erroneously instructed
payment in an amount greater than the amount intended by the sender, or (iii) was an erroneously
transmitted duplicate of a payment order previously sent by the sender, the following rules
apply: (1) If the sender proves that the sender or a person acting on behalf of the sender
pursuant to Section 7-4A-206 complied with the security procedure and that the error would
have been detected if the receiving bank had also complied, the sender is not obliged to pay
the order to the extent stated in paragraphs (2) and (3). (2) If the funds transfer is completed
on the basis of an erroneous payment order described in clause (i) or (iii) of subsection
(a), the sender is not obliged to pay the order and the receiving...
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7-4A-502
Section 7-4A-502 Creditor process served on receiving bank; setoff by beneficiary's bank. (a)
As used in this section, "creditor process" means levy, attachment, garnishment,
notice of lien, sequestration, or similar process issued by, or on behalf of a creditor or
other claimant with respect to an account. (b) This subsection applies to creditor process
with respect to an authorized account of the sender of a payment order if the creditor process
is served on the receiving bank. For the purpose of determining rights with respect to the
creditor process, if the receiving bank accepts the payment order the balance in the authorized
account is deemed to be reduced by the amount of the payment order to the extent the bank
did not otherwise receive payment of the order, unless the creditor process is served at a
time and in a manner affording the bank a reasonable opportunity to act on it before the bank
accepts the payment order. (c) If a beneficiary's bank has received a payment order...
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