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§12A-4A-302.
§12A-4A-302.
OBLIGATIONS OF RECEIVING BANK IN EXECUTION OF PAYMENT ORDER
(a) Except as provided in subsections (b) through (d) of this section,
if the receiving bank accepts a payment order pursuant to subsection
(a) of Section 17 of this act, 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 the funds transfer is to
be carried out telephonically or by wire transfer or otherwise
indicates that the funds transfer is to be carried out by the most
expeditious means, the receiving bank is obliged to transmit its
payment order by the most expeditious available means, and to instruct
any intermediary bank accordingly. If a sender's instruction states a
payment date, the receiving bank is obliged to transmit its payment
order at a time and by means reasonably necessary to allow payment to
the beneficiary on the payment date or as soon thereafter as is
feasible.
(b) Unless otherwise instructed, a receiving bank executing a payment
order may (i) use any funds-transfer system if use of that system is
reasonable in the circumstances, and (ii) issue a payment order to the
beneficiary's bank or to an intermediary bank through which a payment
order conforming to the sender's order can expeditiously be issued to
the beneficiary's bank if the receiving bank exercises ordinary care
in the selection of the intermediary bank. A receiving bank is not
required to follow an instruction of the sender designating a
funds-transfer system to be used in carrying out the funds transfer if
the receiving bank, in good faith, determines that it is not feasible
to follow the instruction or that following the instruction would
unduly delay completion of the funds transfer.
(c) Unless paragraph (2) of subsection (a) of this section applies or
the receiving bank is otherwise instructed, the bank may execute a
payment order by transmitting its payment order by first class mail or
by any means reasonable in the circumstances. If the receiving bank is
instructed to execute the sender's order by transmitting its payment
order by a particular means, the receiving bank may issue its payment
order by the means stated or by any means as expeditious as the means
stated.
(d) Unless instructed by the sender, (i) the receiving bank may not
obtain payment of its charges for services and expenses in connection
with the execution of the sender's order by issuing a payment order in
an amount equal to the amount of the sender's order less the amount of
the charges, and (ii) may not instruct a subsequent receiving bank to
obtain payment of its charges in the same manner.
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