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§12A-4A-405.
§12A-4A-405.
PAYMENT BY BENEFICIARY'S BANK TO BENEFICIARY
(a) If the beneficiary's bank credits an account of the beneficiary of
a payment order, payment of the bank's obligation under subsection (a)
of Section 29 of this act occurs when and to the extent (i) the
beneficiary is notified of the right to withdraw the credit, (ii) the
bank lawfully applies the credit to a debt of the beneficiary, or
(iii) funds with respect to the order are otherwise made available to
the beneficiary by the bank.
(b) If the beneficiary's bank does not credit an account of the
beneficiary of a payment order, the time when payment of the bank's
obligation under subsection (a) of Section 29 of this act occurs is
governed by principles of law that determine when an obligation is
satisfied.
(c) Except as stated in subsections (d) and (e) of this section, if
the beneficiary's bank pays the beneficiary of a payment order under a
condition to payment or agreement of the beneficiary giving the bank
the right to recover payment from the beneficiary if the bank does not
receive payment of the order, the condition to payment or agreement is
not enforceable.
(d) A funds-transfer system rule may provide that payments made to
beneficiaries of funds transfers made through the system are
provisional until receipt of payment by the beneficiary's bank of the
payment order it accepted. A beneficiary's bank that makes a payment
that is provisional under the rule is entitled to refund from the
beneficiary if (i) the rule requires that both the beneficiary and the
originator be given notice of the provisional nature of the payment
before the funds transfer is initiated, (ii) the beneficiary, the
beneficiary's bank and the originator's bank agreed to be bound by the
rule, and (iii) the beneficiary's bank did not receive payment of the
payment order that it accepted. If the beneficiary is obliged to
refund payment to the beneficiary's bank, acceptance of the payment
order by the beneficiary's bank is nullified and no payment by the
originator of the funds transfer to the beneficiary occurs under
Section 31 of this act.
(e) This subsection applies to a funds transfer that includes a
payment order transmitted over a funds-transfer system that (i) nets
obligations multilaterally among participants, and (ii) has in effect
a loss-sharing agreement among participants for the purpose of
providing funds necessary to complete settlement of the obligations of
one or more participants that do not meet their settlement
obligations. If the beneficiary's bank in the funds transfer accepts a
payment order and the system fails to complete settlement pursuant to
its rules with respect to any payment order in the funds transfer, (i)
the acceptance by the beneficiary's bank is nullified and no person
has any right or obligation based on the acceptance, (ii) the
beneficiary's bank is entitled to recover payment from the
beneficiary, (iii) no payment by the originator to the beneficiary
occurs under Section 31 of this act, and (iv) subject to subsection
(e) of Section 27 of this act, each sender in the funds transfer is
excused from its obligation to pay its payment order under subsection
(c) of Section 27 of this act because the funds transfer has not been
completed.
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