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§12A-4A-203.
§12A-4A-203.
UNENFORCEABILITY OF CERTAIN VERIFIED PAYMENT ORDERS
(a) If an accepted payment order is not, under subsection (a) of
Section 10 of this act, an authorized order of a customer identified
as sender, but is effective as an order of the customer pursuant to
subsection (b) of Section 10 of this act, the following rules apply:
(1) By express written agreement, the receiving bank may limit the
extent to which it is entitled to enforce or retain payment of the
payment order.
(2) The receiving bank is not entitled to enforce or retain payment of
the payment order if the customer proves that the order was not
caused, directly or indirectly, by a person (i) entrusted at any time
with duties to act for the customer with respect to payment orders or
the security procedure, or (ii) who obtained access to transmitting
facilities of the customer or who obtained, from a source controlled
by the customer and without authority of the receiving bank,
information facilitating breach of the security procedure, regardless
of how the information was obtained or whether the customer was at
fault. Information includes any access device, computer software, or
the like.
(b) This section applies to amendments of payment orders to the same
extent it applies to payment orders.
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