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§12A-4A-507.
§12A-4A-507.
CHOICE OF LAW
(a) The following rules apply unless the affected parties otherwise
agree or subsection (c) of this section applies:
(1) The rights and obligations between the sender of a payment order
and the receiving bank are governed by the law of the jurisdiction in
which the receiving bank is located.
(2) The rights and obligations between the beneficiary's bank and the
beneficiary are governed by the law of the jurisdiction in which the
beneficiary's bank is located.
(3) The issue of when payment is made pursuant to a funds transfer by
the originator to the beneficiary is governed by the law of the
jurisdiction in which the beneficiary's bank is located.
(b) If the parties described in each paragraph of subsection (a) have
made an agreement selecting the law of a particular jurisdiction to
govern rights and obligations between each other, the law of that
jurisdiction governs those rights and obligations, whether or not the
payment order or the funds transfer bears a reasonable relation to
that jurisdiction.
(c) A funds-transfer system rule may select the law of a particular
jurisdiction to govern (i) rights and obligations between
participating banks with respect to payment orders transmitted or
processed through the system, or (ii) the rights and obligations of
some or all parties to a funds transfer any part of which is carried
out by means of the system. A choice of law made pursuant to clause
(i) is binding on participating banks. A choice of law made pursuant
to clause (ii) is binding on the originator, other sender, or a
receiving bank having notice that the funds-transfer system might be
used in the funds transfer and of the choice of law by the system when
the originator, other sender, or receiving bank issued or accepted a
payment order. The beneficiary of a funds transfer is bound by the
choice of law if, when the funds transfer is initiated, the
beneficiary has notice that the funds-transfer system might be used in
the funds transfer and of the choice of law by the system. The law of
a jurisdiction selected pursuant to this subsection may govern,
whether or not that law bears a reasonable relation to the matter in
issue.
(d) In the event of inconsistency between an agreement under
subsection (b) and a choice-of-law rule under subsection (c) of this
section, the agreement under subsection (b) of this section prevails.
(e) If a funds transfer is made by use of more than one funds-transfer
system and there is inconsistency between choice-of-law rules of the
systems, the matter in issue is governed by the law of the selected
jurisdiction that has the most significant relationship to the matter
in issue.
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