Title 11, Chapter 4A, Section 203
( 11-4A-203)
Unenforceability of certain verified payment orders. (a) If an accepted payment order is not, under Code Section 11-4A-202(a), an authorized order of a customer identified as sender, but is effective as an order of the customer pursuant to Code Section 11-4A-202(b), the following rules apply: (1) By express written agreement, the receiving bank may limit the
extent to which it is entitled to enforce or retain payment of the
payment order. (2) The receiving bank is not entitled to enforce or retain
payment of the payment order if the customer proves that the order
was not caused, directly or indirectly, by a person (i) entrusted
at any time with duties to act for the customer with respect to
payment orders or the security procedure, or (ii) who obtained
access to transmitting facilities of the customer or who obtained,
from a source controlled by the customer and without authority of
the receiving bank, information facilitating breach of the
security procedure, regardless of how the information was obtained
or whether the customer was at fault. Information includes any
access device, computer software, or the like. (b) This Code section applies to amendments of payment orders to the
same extent it applies to payment orders. |