Section 4-A-406. Payment by Originator to Beneficiary; Discharge of Underlying Obligation


Latest version.
  • (1) Subject to subsection (5) of Section 4-A-211 and  subsections  (4)
      and  (5) of Section 4-A-405, the originator of a funds transfer pays the
      beneficiary of the originator's payment order (i) at the time a  payment
      order   for   the   benefit  of  the  beneficiary  is  accepted  by  the
      beneficiary's bank in the funds transfer and (ii) in an amount equal  to
      the amount of the order accepted by the beneficiary's bank, but not more
      than the amount of the originator's order.
        (2)  If payment under subsection (1) is made to satisfy an obligation,
      the obligation is discharged to the same extent discharge  would  result
      from  payment to the beneficiary of the same amount in money, unless (i)
      the payment under subsection (1) was made by a means prohibited  by  the
      contract  of  the  beneficiary  with respect to the obligation, (ii) the
      beneficiary, within a reasonable time after receiving notice of  receipt
      of  the  order by the beneficiary's bank, notified the originator of the
      beneficiary's refusal of the payment, (iii) funds with  respect  to  the
      order  were not withdrawn by the beneficiary or applied to a debt of the
      beneficiary, and (iv) the beneficiary would suffer  a  loss  that  could
      reasonably  have  been  avoided  if  payment  had  been  made by a means
      complying with the contract. If  payment  by  the  originator  does  not
      result  in discharge under this section, the originator is subrogated to
      the rights of the beneficiary to receive payment from the  beneficiary's
      bank under subsection (1) of Section 4-A-404.
        (3)  For the purpose of determining whether discharge of an obligation
      occurs under subsection (2), if the beneficiary's bank accepts a payment
      order in an amount equal to the amount of the originator's payment order
      less charges of one or more  receiving  banks  in  the  funds  transfer,
      payment  to  the  beneficiary  is  deemed  to  be  in  the amount of the
      originator's order unless upon demand by the beneficiary the  originator
      does not pay the beneficiary the amount of the deducted charges.
        (4) Rights of the originator or of the beneficiary of a funds transfer
      under this section may be varied only by agreement of the originator and
      the beneficiary.