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§12A-4A-406.
§12A-4A-406.
PAYMENT BY ORIGINATOR TO BENEFICIARY; DISCHARGE OF UNDERLYING
OBLIGATION
(a) Subject to subsection (e) of Section 19 and subsections (d) and
(e) of Section 30 of this act, the originator of a funds transfer pays
the beneficiary of the originator's payment order (i) at the time a
payment order for the benefit of the beneficiary is accepted by the
beneficiary's bank in the funds transfer and (ii) in an amount equal
to the amount of the order accepted by the beneficiary's bank, but not
more than the amount of the originator's order.
(b) If payment under subsection (a) of this section is made to satisfy
an obligation, the obligation is discharged to the same extent
discharge would result from payment to the beneficiary of the same
amount in money, unless (i) the payment under subsection (a) of this
section was made by a means prohibited by the contract of the
beneficiary with respect to the obligation, (ii) the beneficiary,
within a reasonable time after receiving notice of receipt of the
order by the beneficiary's bank, notified the originator of the
beneficiary's refusal of the payment, (iii) funds with respect to the
order were not withdrawn by the beneficiary or applied to a debt of
the beneficiary, and (iv) the beneficiary would suffer a loss that
could reasonably have been avoided if payment had been made by a means
complying with the contract. If payment by the originator does not
result in discharge under this section, the originator is subrogated
to the rights of the beneficiary to receive payment from the
beneficiary's bank under subsection (a) of Section 29 of this act.
(c) For the purpose of determining whether discharge of an obligation
occurs under subsection (b), if the beneficiary's bank accepts a
payment order in an amount equal to the amount of the originator's
payment order less charges of one or more receiving banks in the funds
transfer, payment to the beneficiary is deemed to be in the amount of
the originator's order unless upon demand by the beneficiary the
originator does not pay the beneficiary the amount of the deducted
charges.
(d) Rights of the originator or of the beneficiary of a funds transfer
under this section may be varied only by agreement of the originator
and the beneficiary.
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