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§12A-4A-207.
§12A-4A-207.
MISDESCRIPTION OF BENEFICIARY
(a) Subject to subsection (b) of this section, if, in a payment order
received by the beneficiary's bank, the name, bank account number, or
other identification of the beneficiary refers to a nonexistent or
unidentifiable person or account, no person has rights as a
beneficiary of the order and acceptance of the order cannot occur.
(b) If a payment order received by the beneficiary's bank identifies
the beneficiary both by name and by an identifying or bank account
number and the name and number identify different persons, the
following rules apply:
(1) Except as otherwise provided in subsection (c) of this section, if
the beneficiary's bank does not know that the name and number refer to
different persons, it may rely on the number as the proper
identification of the beneficiary of the order. The beneficiary's bank
need not determine whether the name and number refer to the same
person.
(2) If the beneficiary's bank pays the person identified by name or
knows that the name and number identify different persons, no person
has rights as beneficiary except the person paid by the beneficiary's
bank if that person was entitled to receive payment from the
originator of the funds transfer. If no person has rights as
beneficiary, acceptance of the order cannot occur.
(c) If (i) a payment order described in subsection (b) of this section
is accepted, (ii) the originator's payment order described the
beneficiary inconsistently by name and number, and (iii) the
beneficiary's bank pays the person identified by number as permitted
by paragraph (1) of subsection (b) of this section, the following
rules apply:
(1) If the originator is a bank, the originator is obliged to pay its
order.
(2) If the originator is not a bank and proves that the person
identified by number was not entitled to receive payment from the
originator, the originator is not obliged to pay its order unless the
originator's bank proves that the originator, before acceptance of the
originator's order, had notice that payment of a payment order issued
by the originator might be made by the beneficiary's bank on the basis
of an identifying or bank account number even if it identifies a
person different from the named beneficiary. Proof of notice may be
made by any admissible evidence. The originator's bank satisfies the
burden of proof if it proves that the originator, before the payment
order was accepted, signed a writing stating the information to which
the notice relates.
(d) In a case governed by paragraph (1) of subsection (b) of this
section, if the beneficiary's bank rightfully pays the person
identified by number and that person was not entitled to receive
payment from the originator, the amount paid may be recovered from
that person to the extent allowed by the law governing mistake and
restitution as follows:
(1) If the originator is obliged to pay its payment order as stated in
subsection (c) of this section, the originator has the right to
recover.
(2) If the originator is not a bank and is not obliged to pay its
payment order, the originator's bank has the right to recover.
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