Title 11, Chapter 4A, Section 207
( 11-4A-207)
Misdescription of beneficiary. (a) Subject to subsection (b), if, in a payment order received by
the beneficiary's bank, the name, bank account number, or other
identification of the beneficiary refers to a nonexistent or
unidentifiable person or account, no person has rights as a
beneficiary of the order and acceptance of the order cannot occur. (b) If a payment order received by the beneficiary's bank identifies
the beneficiary both by name and by an identifying or bank account
number and the name and number identify different persons, the
following rules apply: (1) Except as otherwise provided in subsection (c), if the
beneficiary's bank does not know that the name and number refer to
different persons, it may rely on the number as the proper
identification of the beneficiary of the order. The beneficiary's
bank need not determine whether the name and number refer to the
same person. (2) If the beneficiary's bank pays the person identified by name
or knows that the name and number identify different persons, no
person has rights as beneficiary except the person paid by the
beneficiary's bank if that person was entitled to receive payment
from the originator of the funds transfer. If no person has
rights as beneficiary, acceptance of the order cannot occur. (c) If (i) a payment order described in subsection (b) is accepted,
(ii) the originator's payment order described the beneficiary
inconsistently by name and number, and (iii) the beneficiary's bank
pays the person identified by number as permitted by subsection
(b)(1), the following rules apply: (1) If the originator is a bank, the originator is obliged to pay
its order. (2) If the originator is not a bank and proves that the person
identified by number was not entitled to receive payment from the
originator, the originator is not obliged to pay its order unless
the originator's bank proves that the originator, before
acceptance of the originator's order, had notice that payment of a
payment order issued by the originator might be made by the
beneficiary's bank on the basis of an identifying or bank account
number even if it identifies a person different from the named
beneficiary. Proof of notice may be made by any admissible
evidence. The originator's bank satisfies the burden of proof if
it proves that the originator, before the payment order was
accepted, signed a writing stating the information to which the
notice relates. (d) In a case governed by subsection (b)(1), if the beneficiary's
bank rightfully pays the person identified by number and that person
was not entitled to receive payment from the originator, the amount
paid may be recovered from that person to the extent allowed by the
law governing mistake and restitution as follows: (1) If the originator is obliged to pay its payment order as
stated in subsection (c), the originator has the right to recover. (2) If the originator is not a bank and is not obliged to pay its
payment order, the originator's bank has the right to recover. |