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§12A-4A-208.
§12A-4A-208.
MISDESCRIPTION OF INTERMEDIARY BANK OR BENEFICIARY'S BANK
(a) This subsection applies to a payment order identifying an
intermediary bank or the beneficiary's bank only by an identifying
number.
(1) The receiving bank may rely on the number as the proper
identification of the intermediary or beneficiary's bank and need not
determine whether the number identifies a bank.
(2) The sender is obliged to compensate the receiving bank for any
loss and expenses incurred by the receiving bank as a result of its
reliance on the number in executing or attempting to execute the
order.
(b) This subsection applies to a payment order identifying an
intermediary bank or the beneficiary's bank both by name and an
identifying number if the name and number identify different persons.
(1) If the sender is a bank, the receiving bank may rely on the number
as the proper identification of the intermediary or beneficiary's bank
if the receiving bank, when it executes the sender's order, does not
know that the name and number identify different persons. The
receiving bank need not determine whether the name and number refer to
the same person or whether the number refers to a bank. The sender is
obliged to compensate the receiving bank for any loss and expenses
incurred by the receiving bank as a result of its reliance on the
number in executing or attempting to execute the order.
(2) If the sender is not a bank and the receiving bank proves that the
sender, before the payment order was accepted, had notice that the
receiving bank might rely on the number as the proper identification
of the intermediary or beneficiary's bank even if it identifies a
person different from the bank identified by name, the rights and
obligations of the sender and the receiving bank are governed by
paragraph (1) of subsection (b) of this section, as though the sender
were a bank. Proof of notice may be made by any admissible evidence.
The receiving bank satisfies the burden of proof if it proves that the
sender, before the payment order was accepted, signed a writing
stating the information to which the notice relates.
(3) Regardless of whether the sender is a bank, the receiving bank may
rely on the name as the proper identification of the intermediary or
beneficiary's bank if the receiving bank, at the time it executes the
sender's order, does not know that the name and number identify
different persons. The receiving bank need not determine whether the
name and number refer to the same person.
(4) If the receiving bank knows that the name and number identify
different persons, reliance on either the name or the number in
executing the sender's payment order is a breach of the obligation
stated in paragraph (1) of subsection (a) of Section 22 of this act.
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