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§12A-4A-204.
§12A-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 10 of this act, or (ii) not
enforceable, in whole or in part, against the customer under Section
11 of this act, 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 ninety (90) days after the date the
customer received notification from the bank that the order was
accepted or that the customer's account was debited with respect to
the order. The bank is not entitled to any recovery from the customer
on account of a failure by the customer to give notification as stated
in this section.
(b) Reasonable time under subsection (a) of this section may be fixed
by agreement as stated in paragraph (1) of Section 1-201 of Title 12A
of the Oklahoma Statutes, but the obligation of a receiving bank to
refund payment as stated in subsection (a) may not otherwise be varied
by agreement.
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