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§12A-4A-404.
§12A-4A-404.
OBLIGATION OF BENEFICIARY'S BANK TO PAY AND GIVE NOTICE TO BENEFICIARY
(a) Subject to subsection (e) of Section 19 and subsections (d) and
(e) of Section 30 of this act, if a beneficiary's bank accepts a
payment order, the bank is obliged to pay the amount of the order to
the beneficiary of the order. Payment is due on the payment date of
the order, but if acceptance occurs on the payment date after the
close of the funds-transfer business day of the bank, payment is due
on the next funds-transfer business day. If the bank refuses to pay
after demand by the beneficiary and receipt of notice of particular
circumstances that will give rise to consequential damages as a result
of nonpayment, the beneficiary may recover damages resulting from the
refusal to pay to the extent the bank had notice of the damages,
unless the bank proves that it did not pay because of a reasonable
doubt concerning the right of the beneficiary to payment.
(b) If a payment order accepted by the beneficiary's bank instructs
payment to an account of the beneficiary, the bank is obliged to
notify the beneficiary of receipt of the order before midnight of the
next funds-transfer business day following the payment date. If the
payment order does not instruct payment to an account of the
beneficiary, the bank is required to notify the beneficiary only if
notice is required by the order. Notice may be given by first class
mail or any other means reasonable in the circumstances. If the bank
fails to give the required notice, the bank is obliged to pay interest
to the beneficiary on the amount of the payment order from the day
notice should have been given until the day the beneficiary learned of
receipt of the payment order by the bank. No other damages are
recoverable. Reasonable attorney's fees are also recoverable if demand
for interest is made and refused before an action is brought on the
claim.
(c) The right of a beneficiary to receive payment and damages as
stated in subsection (a) of this section may not be varied by
agreement or a funds-transfer system rule. The right of a beneficiary
to be notified as stated in subsection (b) of this section may be
varied by agreement of the beneficiary or by a funds-transfer system
rule if the beneficiary is notified of the rule before initiation of
the funds transfer.
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