Title 11, Chapter 4A, Section 208
( 11-4A-208)
Misdescription of intermediary bank or beneficiary's bank. (a) This subsection applies to a payment order identifying an
intermediary bank or the beneficiary's bank only by an identifying
number. (1) The receiving bank may rely on the number as the proper
identification of the intermediary or beneficiary's bank and need
not determine whether the number identifies a bank. (2) The sender is obliged to compensate the receiving bank for any
loss and expenses incurred by the receiving bank as a result of
its reliance on the number in executing or attempting to execute
the order. (b) This subsection applies to a payment order identifying an
intermediary bank or the beneficiary's bank both by name and an
identifying number if the name and number identify different
persons. (1) If the sender is a bank, the receiving bank may rely on the
number as the proper identification of the intermediary or
beneficiary's bank if the receiving bank, when it executes the
sender's order, does not know that the name and number identify
different persons. The receiving bank need not determine whether
the name and number refer to the same person or whether the number
refers to a bank. The sender is obliged to compensate the
receiving bank for any loss and expenses incurred by the receiving
bank as a result of its reliance on the number in executing or
attempting to execute the order. (2) If the sender is not a bank and the receiving bank proves that
the sender, before the payment order was accepted, had notice that
the receiving bank might rely on the number as the proper
identification of the intermediary or beneficiary's bank even if
it identifies a person different from the bank identified by name,
the rights and obligations of the sender and the receiving bank
are governed by subsection (b)(1), as though the sender were a
bank. Proof of notice may be made by any admissible evidence. The
receiving bank satisfies the burden of proof if it proves that the
sender, before the payment order was accepted, signed a writing
stating the information to which the notice relates. (3) Regardless of whether the sender is a bank, the receiving bank
may rely on the name as the proper identification of the
intermediary or beneficiary's bank if the receiving bank, at the
time it executes the sender's order, does not know that the name
and number identify different persons. The receiving bank need
not determine whether the name and number refer to the same
person. (4) If the receiving bank knows that the name and number identify different persons, reliance on either the name or the number in executing the sender's payment order is a breach of the obligation stated in Code Section 11-4A-302(a)(1). |