Title 11, Chapter 4A, Section 507
( 11-4A-507)
Choice of law. (a) The following rules apply unless the affected parties otherwise
agree or subsection (c) applies: (1) The rights and obligations between the sender of a payment
order and the receiving bank are governed by the law of the
jurisdiction in which the receiving bank is located. (2) The rights and obligations between the beneficiary's bank and
the beneficiary are governed by the law of the jurisdiction in
which the beneficiary's bank is located. (3) The issue of when payment is made pursuant to a funds transfer
by the originator to the beneficiary is governed by the law of the
jurisdiction in which the beneficiary's bank is located. (b) If the parties described in each paragraph of subsection (a)
have made an agreement selecting the law of a particular
jurisdiction to govern rights and obligations between each other,
the law of that jurisdiction governs those rights and obligations,
whether or not the payment order or the funds transfer bears a
reasonable relation to that jurisdiction. (c) A funds-transfer system rule may select the law of a particular
jurisdiction to govern (i) rights and obligations between
participating banks with respect to payment orders transmitted or
processed through the system, or (ii) the rights and obligations of
some or all parties to a funds transfer any part of which is carried
out by means of the system. A choice of law made pursuant to clause
(i) is binding on participating banks. A choice of law made
pursuant to clause (ii) is binding on the originator, other sender,
or a receiving bank having notice that the funds-transfer system
might be used in the funds transfer and of the choice of law by the
system when the originator, other sender, or receiving bank issued
or accepted a payment order. The beneficiary of a funds transfer is
bound by the choice of law if, when the funds transfer is initiated,
the beneficiary has notice that the funds-transfer system might be
used in the funds transfer and of the choice of law by the system.
The law of a jurisdiction selected pursuant to this subsection may
govern, whether or not that law bears a reasonable relation to the
matter in issue. (d) In the event of inconsistency between an agreement under
subsection (b) and a choice-of-law rule under subsection (c), the
agreement under subsection (b) prevails. (e) If a funds transfer is made by use of more than one
funds-transfer system and there is inconsistency between
choice-of-law rules of the systems, the matter in issue is governed
by the law of the selected jurisdiction that has the most
significant relationship to the matter in issue. |