Section 4-A-302. Obligations of Receiving Bank in Execution of Payment Order  


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  • (1) Except  as  provided  in  subsections  (2)  through  (4);  if  the
      receiving  bank  accepts  a  payment order pursuant to subsection (1) of
      Section 4-A-209, the bank has the following obligations in executing the
      order:
             (a) 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.
             (b) 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.
        (2)  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.
        (3)  Unless  paragraph  (b) of subsection (1) 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.
        (4)  Unless  instructed  by  the sender (i) the receiving bank 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.