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7-4A-302
Section 7-4A-302 Obligations of receiving bank in execution of payment order. (a) Except as
provided in subsections (b) through (d), if the receiving bank accepts a payment order pursuant
to Section 7-4A-209(a), the bank has the following obligations in executing the order: (1)
The receiving bank is obliged to issue, on the execution date, a payment order complying with
the sender's order and to follow the sender's instructions concerning (i) any intermediary
bank or funds-transfer system to be used in carrying out the funds transfer, or (ii) the means
by which payment orders are to be transmitted in the funds transfer. If the originator's bank
issues a payment order to an intermediary bank, the originator's bank is obliged to instruct
the intermediary bank according to the instruction of the originator. An intermediary bank
in the funds transfer is similarly bound by an instruction given to it by the sender of the
payment order it accepts. (2) If the sender's instruction states that...
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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, ยง1.)...
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7-4A-501
Section 7-4A-501 Variation by agreement and effect of funds-transfer system rule. (a) Except
as otherwise provided in this article, the rights and obligations of a party to a funds transfer
may be varied by agreement of the affected party. (b) "Funds-transfer system rule"
means a rule of an association of banks (i) governing transmission of payment orders by means
of a funds-transfer system of the association or rights and obligations with respect to those
orders, or (ii) to the extent the rule governs rights and obligations between banks that are
parties to a funds transfer in which a Federal Reserve Bank, acting as an intermediary bank,
sends a payment order to the beneficiary's bank. Except as otherwise provided in this article,
a funds-transfer system rule governing rights and obligations between participating banks
using the system may be effective even if the rule conflicts with this article and indirectly
affects another party to the funds transfer who does not consent to the...
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7-4-303
Section 7-4-303 When items subject to notice, stop-payment order, legal process, or setoff;
order in which items may be charged or certified. (a) Any knowledge, notice, or stop-payment
order received by, legal process served upon, or setoff exercised by a payor bank comes too
late to terminate, suspend, or modify the bank's right or duty to pay an item or to charge
its customer's account for the item if the knowledge, notice, stop-payment order, or legal
process is received or served and a reasonable time for the bank to act thereon expires or
the setoff is exercised after the earliest of the following: (1) The bank accepts or certifies
the item; (2) The bank pays the item in cash; (3) The bank settles for the item without having
a right to revoke the settlement under statute, clearing-house rule, or agreement; (4) The
bank becomes accountable for the amount of the item under Section 7-4-302 dealing with the
payor bank's responsibility for late return of items; or (5) With respect to...
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7-4-104
Section 7-4-104 Definitions and index of definitions. (a) In this article, unless the context
otherwise requires: (1) "Account" means any deposit or credit account with a bank,
including a demand, time, savings, passbook, share draft, or like account, other than an account
evidenced by a certificate of deposit; (2) "Afternoon" means the period of a day
between noon and midnight; (3) "Banking day" means the part of a day on which a
bank is open to the public for carrying on substantially all of its banking functions; (4)
"Clearing house" means an association of banks or other payors regularly clearing
items; (5) "Customer" means a person having an account with a bank or for whom a
bank has agreed to collect items, including a bank that maintains an account at another bank;
(6) "Documentary draft" means a draft to be presented for acceptance or payment
if specified documents, certificated securities (Section 7-8-102) or instructions for uncertificated
securities (Section 7-8-308), or...
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26-1A-208
Section 26-1A-208 Banks and other financial institutions. Unless the power of attorney otherwise
provides, language in a power of attorney granting general authority with respect to banks
and other financial institutions authorizes the agent to: (1) continue, modify, and terminate
an account or other banking arrangement made by or on behalf of the principal; (2) establish,
modify, and terminate an account or other banking arrangement with a bank, trust company,
savings and loan association, credit union, thrift company, brokerage firm, or other financial
institution selected by the agent; (3) contract for services available from a financial institution,
including renting a safe deposit box or space in a vault; (4) withdraw, by check, order, electronic
funds transfer, or otherwise, money or property of the principal deposited with or left in
the custody of a financial institution; (5) receive statements of account, vouchers, notices,
and similar documents from a financial institution...
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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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11-63-2
Section 11-63-2 Loans, grants, etc., of property, payment of principal or interest on outstanding
bonds and securities, etc., by municipalities for assistance of related public corporations
authorized generally; issuance of bonds by municipalities to provide moneys for loans, payments,
etc., generally; creation of irrevocable trust funds for payment of corporate securities.
(a) In addition to all other powers that a municipality may have with respect to a related
public corporation, any municipality may, with or without consideration and on such terms
as its governing body may deem advisable: (1) Lend or donate money to, or perform services
for the benefit of, a related public corporation; (2) Donate, convey, transfer, lease, or
grant to a related public corporation any property of any kind; (3) Pay, or provide for the
payment of, the principal of or interest on any then outstanding bonds or other securities
theretofore issued by a related public corporation, whether or not such...
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7-3-103
Section 7-3-103 Definitions. (a) In this article: (1) "Acceptor" means a drawee who
has accepted a draft. (2) "Drawee" means a person ordered in a draft to make payment.
(3) "Drawer" means a person who signs or is identified in a draft as a person ordering
payment. (4) "Good faith" means honesty in fact in the conduct or transaction concerned.
(5) "Maker" means a person who signs or is identified in a note as a person undertaking
to pay. (6) "Order" means a written instruction to pay money signed by the person
giving the instruction. The instruction may be addressed to any person, including the person
giving the instruction, or to one or more persons jointly or in the alternative but not in
succession. An authorization to pay is not an order unless the person authorized to pay is
also instructed to pay. (7) "Ordinary care" in the case of a person engaged in business
means observance of reasonable commercial standards, prevailing in the area in which the person
is located, with respect...
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6-11-51
Section 6-11-51 Definitions. As used in this article the following words and terms shall have
the following meanings: (1) ANNUITY ISSUER. An insurer that has issued a contract to fund
periodic payments under a structured settlement. (2) DEPENDENTS. A payee's spouse and minor
children and all other persons for whom the payee is legally obligated to provide support,
including alimony. (3) DISCOUNTED PRESENT VALUE. The present value of future payments determined
by discounting the payments to the present using the most recently published applicable federal
rate for determining the present value of an annuity, as issued by the United States Internal
Revenue Service. (4) GROSS ADVANCE AMOUNT. The sum payable to the payee or for the payee's
account as consideration for a transfer of structured settlement payment rights before any
reductions for transfer expenses or other deductions to be made from the consideration. (5)
INDEPENDENT PROFESSIONAL ADVICE. Advice of an attorney, certified public...
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