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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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