U.C.C. - ARTICLE 4A - FUNDS TRANSFERS
..PART 4. PAYMENT
§ 4A-403. PAYMENT BY SENDER TO RECEIVING BANK.
- (a) Payment of the sender's obligation
under Section 4A-402 to pay the receiving
bank occurs as follows:
- (1) If the sender is a bank,
payment occurs when the receiving
bank receives final settlement of the obligation through a Federal
Reserve Bank or through a funds-transfer
system.
- (2) If the sender is a bank and
the sender (i) credited an account of the receiving
bank with the sender, or (ii) caused an account of the receiving bank
in another bank to be credited, payment occurs when the credit is withdrawn
or, if not withdrawn, at midnight of the day on which the credit is withdrawable
and the receiving bank learns of that fact.
- (3) If the receiving bank debits
an account of the sender with
the receiving bank, payment occurs when the debit is made to the extent
the debit is covered by a withdrawable credit balance in the account.
- (b) If the sender and receiving
bank are members of a funds-transfer
system that nets obligations multilaterally among participants, the receiving
bank receives final settlement when settlement is complete in accordance with
the rules of the system. The obligation of the sender to pay the amount of
a payment order transmitted
through the funds-transfer system may be satisfied, to the extent permitted
by the rules of the system, by setting off and applying against the sender's
obligation the right of the sender to receive payment from the receiving bank
of the amount of any other payment order transmitted to the sender by the
receiving bank through the funds-transfer system. The aggregate balance of
obligations owed by each sender to each receiving bank in the funds-transfer
system may be satisfied, to the extent permitted by the rules of the system,
by setting off and applying against that balance the aggregate balance of
obligations owed to the sender by other members of the system. The aggregate
balance is determined after the right of setoff stated in the second sentence
of this subsection has been exercised.
- (c) If two banks transmit payment
orders to each other under an agreement that settlement of the obligations
of each bank to the other under Section 4A-402 will
be made at the end of the day or other period, the total amount owed with
respect to all orders transmitted by one bank shall be set off against the
total amount owed with respect to all orders transmitted by the other bank.
To the extent of the setoff, each bank has made payment to the other.
- (d) In a case not covered by subsection (a), the
time when payment of the sender's obligation
under Section 4A-402(b) or 4A-402(c) occurs
is governed by applicable principles of law that determine when an obligation
is satisfied.
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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.