U.C.C. - ARTICLE 4A - FUNDS TRANSFERS
..PART 2. ISSUE AND ACCEPTANCE OF PAYMENT ORDER
§ 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 Section 4A-302(a)(1).
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© Copyright 2005 by The American Law Institute and the National Conference of Commissioners on Uniform State Laws; reproduced, published and distributed with the permission of the Permanent Editorial Board for the Uniform Commercial Code for the limited purposes of study, teaching, and academic research.