Section 4-A-404. Obligation of Beneficiary's Bank to Pay and Give Notice to Beneficiary  


Latest version.
  • (1)  Subject  to subsection (5) of Section 4-A-211 and subsections (4)
      and (5) of Section 4-A-405, if a beneficiary's bank  accepts  a  payment
      order,  the  bank  is  obliged  to  pay  the  amount of the order to the
      beneficiary of the order. Payment is due on  the  payment  date  of  the
      order,  but  if acceptance occurs on the payment date after the close of
      the funds-transfer business day of the bank, payment is due on the  next
      funds-transfer  business day. If the bank refuses to pay after demand by
      the beneficiary and receipt of notice of particular  circumstances  that
      will  give  rise to consequential damages as a result of nonpayment, the
      beneficiary may recover damages resulting from the refusal to pay to the
      extent the bank had notice of the damages, unless the bank  proves  that
      it did not pay because of a reasonable doubt concerning the right of the
      beneficiary to payment.
        (2)  If  a  payment order accepted by the beneficiary's bank instructs
      payment to an account of the beneficiary, the bank is obliged to  notify
      the  beneficiary  of  receipt  of  the order before midnight of the next
      funds-transfer business day following the payment date. If  the  payment
      order  does  not  instruct payment to an account of the beneficiary, the
      bank is required to notify the beneficiary only if notice is required by
      the order. Notice may be given by first class mail or  any  other  means
      reasonable  in the circumstances. If the bank fails to give the required
      notice, the bank is obliged to pay interest to the  beneficiary  on  the
      amount  of  the payment order from the day notice should have been given
      until the day the beneficiary learned of receipt of the payment order by
      the bank. No other damages are recoverable. Reasonable  attorney's  fees
      are  also  recoverable if demand for interest is made and refused before
      an action is brought on the claim.
        (3) The right of a beneficiary  to  receive  payment  and  damages  as
      stated   in  subsection  (1)  may  not  be  varied  by  agreement  or  a
      funds-transfer system rule. The right of a beneficiary to be notified as
      stated in subsection (2) may be varied by agreement of  the  beneficiary
      or by a funds-transfer system rule if the beneficiary is notified of the
      rule before initiation of the funds transfer.