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-303
Section 7-4A-303 Erroneous execution of payment order. (a) A receiving bank that (i) executes
the payment order of the sender by issuing a payment order in an amount greater than the amount
of the sender's order, or (ii) issues a payment order in execution of the sender's order and
then issues a duplicate order, is entitled to payment of the amount of the sender's order
under Section 7-4A-402(c) if that subsection is otherwise satisfied. The bank is entitled
to recover from the beneficiary of the erroneous order the excess payment received to the
extent allowed by the law governing mistake and restitution. (b) A receiving bank that executes
the payment order of the sender by issuing a payment order in an amount less than the amount
of the sender's order is entitled to payment of the amount of the sender's order under Section
7-4A-402(c) if (i) that subsection is otherwise satisfied and (ii) the bank corrects its mistake
by issuing an additional payment order for the benefit of the...
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7-4A-105
Section 7-4A-105 Other definitions. (a) In this article: (1) "Authorized account"
means a deposit account of a customer in a bank designated by the customer as a source of
payment of payment orders issued by the customer to the bank. If a customer does not so designate
an account, any account of the customer is an authorized account if payment of a payment order
from that account is not inconsistent with a restriction on the use of that account. (2) "Bank"
means a person engaged in the business of banking and includes a savings bank, savings and
loan association, credit union, and trust company. A branch or separate office of a bank is
a separate bank for purposes of this article. (3) "Customer" means a person, including
a bank, having an account with a bank, or from whom a bank has agreed to receive payment orders.
(4) "Funds-transfer business day" of a receiving bank means the part of a day during
which the receiving bank is open for the receipt, processing, and transmittal of...
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7-4A-212
Section 7-4A-212 Liability and duty of receiving bank regarding unaccepted payment order. If
a receiving bank fails to accept a payment order that it is obliged by express agreement to
accept, the bank is liable for breach of the agreement to the extent provided in the agreement
or in this article, but does not otherwise have any duty to accept a payment order, or before
acceptance, to take any action, or refrain from taking action, with respect to the order except
as provided in this article or by express agreement. Liability based on acceptance arises
only when acceptance occurs as stated in Section 7-4A-209, and liability is limited to that
provided in this article. A receiving bank is not the agent of the sender or beneficiary of
the payment order it accepts, or of any other party to the funds transfer, and the bank owes
no duty to any party to the funds transfer except as provided in this article or by express
agreement. (Acts 1992, 2nd Ex. Sess., No. 92-701, p. 145, §1.)...
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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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7-4A-209
Section 7-4A-209 Acceptance of payment order. (a) Subject to subsection (d), a receiving bank
other than the beneficiary's bank accepts a payment order when it executes the order. (b)
Subject to subsections (c) and (d), a beneficiary's bank accepts a payment order at the earliest
of the following times: (1) when the bank (i) pays the beneficiary as stated in Section 7-4A-405(a)
or 7-4A-405(b), or (ii) notifies the beneficiary of receipt of the order or that the account
of the beneficiary has been credited with respect to the order unless the notice indicates
that the bank is rejecting the order or that funds with respect to the order may not be withdrawn
or used until receipt of payment from the sender of the order; (2) when the bank receives
payment of the entire amount of the sender's order pursuant to Section 7-4A-403(a)(1) or 7-4A-403(a)(2);
or (3) the opening of the next funds-transfer business day of the bank following the payment
date of the order if, at that time, the amount of...
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7-4A-404
Section 7-4A-404 Obligation of beneficiary's bank to pay and give notice to beneficiary. (a)
Subject to Sections 7-4A-211(e), 7-4A-405(d), and 7-4A-405(e), if a beneficiary's bank accepts
a payment order, the bank is obliged to pay the amount of the order to the beneficiary of
the order. Payment is due on the payment date of the order, but if acceptance occurs on the
payment date after the close of the funds-transfer business day of the bank, payment is due
on the next funds-transfer business day. If the bank refuses to pay after demand by the beneficiary
and receipt of notice of particular circumstances that will give rise to consequential damages
as a result of nonpayment, the beneficiary may recover damages resulting from the refusal
to pay to the extent the bank had notice of the damages, unless the bank proves that it did
not pay because of a reasonable doubt concerning the right of the beneficiary to payment.
(b) If a payment order accepted by the beneficiary's bank instructs...
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45-30-250.06
Section 45-30-250.06 Additional powers and rights. (a) The authority, in addition to all other
powers now or hereafter granted by law, shall have the following powers and rights: (1) To
borrow money for use for any of its corporate purposes. (2) To sell, transfer, convey, grant
options to purchase, or lease all or any part of its system or systems for consideration and
on terms deemed advisable and in the best interest of the authority. (3) To consent and agree
to the assignment or payment of any income received from the investment of any moneys or funds
of the authority to any other public corporation or public entity, including, without limitation,
the county or the state. (4) To loan or advance its funds to any person with or without interest
as it shall determine, for the purpose of financing the construction of a system or any part
thereof. (5) To contract with others for the construction of all or any part of a system or
systems. (b) The moneys held in any special fund...
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45-25-250.05
Section 45-25-250.05 Additional powers and rights. (a) The authority organized or operating
pursuant to this article shall, in addition to all other powers now or hereafter granted by
law, have the following powers and rights: (1) To borrow money for use for any of its corporate
purposes. (2) To sell, transfer, convey, grant options to purchase, or lease all or any part
of its system or systems for such consideration and on such terms as it shall deem advisable
and in the best interest of the authority. (3) To consent and agree to the assignment or payment
of any income received from the investment of any moneys or funds of the authority to any
other public corporation or public entity, including, without limitation, the county, of the
State of Alabama. (4) To loan or advance its funds to any person, at such, if any, interest
as it shall determine, for the purpose of financing the construction of a system or any part
thereof. (5) To contract with others for the construction of all or...
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45-29-140.06
Section 45-29-140.06 Financial powers and rights. (a) The authority organized or operating
pursuant to this article, in addition to all other powers now or hereafter granted by law,
shall have the following powers and rights: (1) To borrow money for use for any of its corporate
purposes. (2) To sell, transfer, convey, grant options to purchase, or lease all or any part
of its system or systems for such consideration and on such terms as it shall deem advisable
and in the best interest of the authority. (3) To consent and agree to the assignment or payment
of any income received from the investment of any moneys of funds of the authority to any
other public corporation or public entity including, without limitation, the county or the
State of Alabama. (4) To loan or advance its funds to any person at such, if any, interest
as it shall determine, for the purpose of financing the construction of a system or any part
thereof. (5) To contract with others for the construction of all or any...
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