Title 11, Chapter 4A, Section 302
( 11-4A-302)
Obligations of receiving bank in execution of payment order. (a) Except as provided in subsections (b) through (d), if the receiving bank accepts a payment order pursuant to Code Section 11-4A-209(a), the bank has the following obligations in executing the order: (1) The receiving bank is obliged to issue, on the execution date,
a payment order complying with the sender's order and to follow
the sender's instructions concerning (i) any intermediary bank or
funds-transfer system to be used in carrying out the funds
transfer, or (ii) the means by which payment orders are to be
transmitted in the funds transfer. If the originator's bank
issues a payment order to an intermediary bank, the originator's
bank is obliged to instruct the intermediary bank according to the
instruction of the originator. An intermediary bank in the funds
transfer is similarly bound by an instruction given to it by the
sender of the payment order it accepts. (2) If the sender's instruction states that the funds transfer is
to be carried out telephonically or by wire transfer or otherwise
indicates that the funds transfer is to be carried out by the most
expeditious means, the receiving bank is obliged to transmit its
payment order by the most expeditious available means, and to
instruct any intermediary bank accordingly. If a sender's
instruction states a payment date, the receiving bank is obliged
to transmit its payment order at a time and by means reasonably
necessary to allow payment to the beneficiary on the payment date
or as soon thereafter as is feasible. (b) Unless otherwise instructed, a receiving bank executing a
payment order may (i) use any funds-transfer system if use of that
system is reasonable in the circumstances, and (ii) issue a payment
order to the beneficiary's bank or to an intermediary bank through
which a payment order conforming to the sender's order can
expeditiously be issued to the beneficiary's bank if the receiving
bank exercises ordinary care in the selection of the intermediary
bank. A receiving bank is not required to follow an instruction of
the sender designating a funds-transfer system to be used in
carrying out the funds transfer if the receiving bank, in good
faith, determines that it is not feasible to follow the instruction
or that following the instruction would unduly delay completion of
the funds transfer. (c) Unless subsection (a)(2) applies or the receiving bank is
otherwise instructed, the bank may execute a payment order by
transmitting its payment order by first class mail or by any means
reasonable in the circumstances. If the receiving bank is
instructed to execute the sender's order by transmitting its payment
order by a particular means, the receiving bank may issue its
payment order by the means stated or by any means as expeditious as
the means stated. (d) Unless instructed by the sender, the receiving bank (i) may not
obtain payment of its charges for services and expenses in
connection with the execution of the sender's order by issuing a
payment order in an amount equal to the amount of the sender's order
less the amount of the charges, and (ii) may not instruct a
subsequent receiving bank to obtain payment of its charges in the
same manner. |