Title 11, Chapter 4A, Section 202
( 11-4A-202)
Authorized and verified payment orders. (a) A payment order received by the receiving bank is the authorized
order of the person identified as sender if that person authorized
the order or is otherwise bound by it under the law of agency. (b) If a bank and its customer have agreed that the authenticity of
payment orders issued to the bank in the name of the customer as
sender will be verified pursuant to a security procedure, a payment
order received by the receiving bank is effective as the order of
the customer, whether or not authorized, if (i) the security
procedure is a commercially reasonable method of providing security
against unauthorized payment orders, and (ii) the bank proves that
it accepted the payment order in good faith and in compliance with
the security procedure and any written agreement or instruction of
the customer restricting acceptance of payment orders issued in the
name of the customer. The bank is not required to follow an
instruction that violates a written agreement with the customer or
notice of which is not received at a time and in a manner affording
the bank a reasonable opportunity to act on it before the payment
order is accepted. (c) Commercial reasonableness of a security procedure is a question
of law to be determined by considering the wishes of the customer
expressed to the bank, the circumstances of the customer known to
the bank, including the size, type, and frequency of payment orders
normally issued by the customer to the bank, alternative security
procedures offered to the customer, and security procedures in
general use by customers and receiving banks similarly situated. A
security procedure is deemed to be commercially reasonable if (i)
the security procedure was chosen by the customer after the bank
offered, and the customer refused, a security procedure that was
commercially reasonable for that customer, and (ii) the customer
expressly agreed in writing to be bound by any payment order,
whether or not authorized, issued in its name and accepted by the
bank in compliance with the security procedure chosen by the
customer. (d) The term "sender" in this article includes the customer in whose
name a payment order is issued if the order is the authorized order
of the customer under subsection (a), or it is effective as the
order of the customer under subsection (b). (e) This Code section applies to amendments and cancellations of
payment orders to the same extent it applies to payment orders. (f) Except as provided in this Code section and in Code Section 11-4A-203(a)(1), rights and obligations arising under this Code section or Code Section 11-4A-203 may not be varied by agreement. |