§412:4-109 - Checks drawn or transfers or withdrawals made by authorized persons.
§412:4-109 Checks drawn or transfers or
withdrawals made by authorized persons. Whenever a deposit account holder
has authorized another person, whether as an agent, attorney-in-fact, officer,
or in any other capacity, to draw checks on or make or order transfers or
withdrawals from the account, the financial institution, in the absence of
proper written notice to the contrary, shall be justified in presuming that any
check drawn on the account or transfer or withdrawal made by or on the order of
the authorized person in the form or manner authorized by the account contract,
including payments, transfers or withdrawals made to or for the account and
benefit of the authorized person, was paid or made for a purpose authorized by
the account holder and within the scope of the authority conferred upon the
authorized person. The death, disability or incapacity of the account holder
does not revoke or terminate the authority granted by the holder as to the
financial institution if, without actual knowledge of the death, disability or
incapacity of the holder, the financial institution acts in good faith in
accordance with the authorization. Any payment, transfer or withdrawal paid or
allowed by the financial institution pursuant to this section shall release and
discharge the financial institution from any liability to any person for the
funds paid, transferred or withdrawn, and no action at law or equity may be
maintained against the financial institution for payment, transfer or
withdrawal in accordance with this section. [L 1993, c 350, pt of §1]