47-4A302. Obligations of receiving bank in
execution of payment order
A. Except as provided in subsections B, C and D of this section, if the receiving
bank accepts a payment order pursuant to section 47-4A209, subsection A, the bank has the
following obligations in executing the order:
1. 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 any
intermediary bank or funds-transfer system to be used in carrying out the funds transfer
or 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.
2. 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.
B. Unless otherwise instructed, a receiving bank executing a payment order may use
any funds-transfer system if use of that system is reasonable in the circumstances and
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.
C. Unless subsection A, paragraph 2 of this section 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.
D. Unless instructed by the sender, the receiving bank:
1. 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
2. May not instruct a subsequent receiving bank to obtain payment of its charges in
the same manner.
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