Title 11, Chapter 4A, Section 211
( 11-4A-211)
Cancellation and amendment of payment order. (a) A communication of the sender of a payment order canceling or
amending the order may be transmitted to the receiving bank orally,
electronically, or in writing. If a security procedure is in effect
between the sender and the receiving bank, the communication is not
effective to cancel or amend the order unless the communication is
verified pursuant to the security procedure or the bank agrees to
the cancellation or amendment. (b) Subject to subsection (a), a communication by the sender
canceling or amending a payment order is effective to cancel or
amend the order if notice of the communication is received at a time
and in a manner affording the receiving bank a reasonable
opportunity to act on the communication before the bank accepts the
payment order. (c) After a payment order has been accepted, cancellation or
amendment of the order is not effective unless the receiving bank
agrees or a funds-transfer system rule allows cancellation or
amendment without agreement of the bank. (1) With respect to a payment order accepted by a receiving bank
other than the beneficiary's bank, cancellation or amendment is
not effective unless a conforming cancellation or amendment of the
payment order issued by the receiving bank is also made. (2) With respect to a payment order accepted by the beneficiary's
bank, cancellation or amendment is not effective unless the order
was issued in execution of an unauthorized payment order, or
because of a mistake by a sender in the funds transfer which
resulted in the issuance of a payment order (i) that is a
duplicate of a payment order previously issued by the sender, (ii)
that orders payment to a beneficiary not entitled to receive
payment from the originator, or (iii) that orders payment in an
amount greater than the amount the beneficiary was entitled to
receive from the originator. If the payment order is canceled or
amended, the beneficiary's bank is entitled to recover from the
beneficiary any amount paid to the beneficiary to the extent
allowed by the law governing mistake and restitution. (d) An unaccepted payment order is canceled by operation of law at
the close of the fifth funds-transfer business day of the receiving
bank after the execution date or payment date of the order. (e) A canceled payment order cannot be accepted. If an accepted
payment order is canceled, the acceptance is nullified and no person
has any right or obligation based on the acceptance. Amendment of a
payment order is deemed to be cancellation of the original order at
the time of amendment and issue of a new payment order in the
amended form at the same time. (f) Unless otherwise provided in an agreement of the parties or in a
funds-transfer system rule, if the receiving bank, after accepting a
payment order, agrees to cancellation or amendment of the order by
the sender or is bound by a funds-transfer system rule allowing
cancellation or amendment without the bank's agreement, the sender,
whether or not cancellation or amendment is effective, is liable to
the bank for any loss and expenses, including reasonable attorney's
fees, incurred by the bank as a result of the cancellation or
amendment or attempted cancellation or amendment. (g) A payment order is not revoked by the death or legal incapacity
of the sender unless the receiving bank knows of the death or of an
adjudication of incapacity by a court of competent jurisdiction and
has reasonable opportunity to act before acceptance of the order. (h) A funds-transfer system rule is not effective to the extent it
conflicts with subsection (c)(2). |