State Codes and Statutes

Statutes > New-york > Ucc > Article-4-a > Part-2 > 4-a-203

Section 4-A-203. Unenforceability of Certain Verified Payment Orders.    (1)  If  an  accepted  payment  order  is not, under subsection (1) of  Section 4-A-202, an authorized order of a customer identified as sender,  but is effective as an order of the customer pursuant to subsection  (2)  of Section 4-A-202, the following rules apply:         (a) By  express  written  agreement, the receiving bank may limit             the extent to which it  is  entitled  to  enforce  or  retain             payment of the payment order.         (b) The  receiving  bank  is  not  entitled  to enforce or retain             payment of the payment order if the customer proves that  the             order was not caused, directly or indirectly, by a person (i)             entrusted  at  any  time  with duties to act for the customer             with respect to payment orders or the security procedure,  or             (ii)  who  obtained  access to transmitting facilities of the             customer or who obtained, from a  source  controlled  by  the             customer   and  without  authority  of  the  receiving  bank,             information facilitating breach of  the  security  procedure,             regardless of how the information was obtained or whether the             customer  was  at  fault.    Information  includes any access             device, computer software, or the like.    (2) This section applies to amendments of payment orders to  the  same  extent it applies to payment orders.

State Codes and Statutes

Statutes > New-york > Ucc > Article-4-a > Part-2 > 4-a-203

Section 4-A-203. Unenforceability of Certain Verified Payment Orders.    (1)  If  an  accepted  payment  order  is not, under subsection (1) of  Section 4-A-202, an authorized order of a customer identified as sender,  but is effective as an order of the customer pursuant to subsection  (2)  of Section 4-A-202, the following rules apply:         (a) By  express  written  agreement, the receiving bank may limit             the extent to which it  is  entitled  to  enforce  or  retain             payment of the payment order.         (b) The  receiving  bank  is  not  entitled  to enforce or retain             payment of the payment order if the customer proves that  the             order was not caused, directly or indirectly, by a person (i)             entrusted  at  any  time  with duties to act for the customer             with respect to payment orders or the security procedure,  or             (ii)  who  obtained  access to transmitting facilities of the             customer or who obtained, from a  source  controlled  by  the             customer   and  without  authority  of  the  receiving  bank,             information facilitating breach of  the  security  procedure,             regardless of how the information was obtained or whether the             customer  was  at  fault.    Information  includes any access             device, computer software, or the like.    (2) This section applies to amendments of payment orders to  the  same  extent it applies to payment orders.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Ucc > Article-4-a > Part-2 > 4-a-203

Section 4-A-203. Unenforceability of Certain Verified Payment Orders.    (1)  If  an  accepted  payment  order  is not, under subsection (1) of  Section 4-A-202, an authorized order of a customer identified as sender,  but is effective as an order of the customer pursuant to subsection  (2)  of Section 4-A-202, the following rules apply:         (a) By  express  written  agreement, the receiving bank may limit             the extent to which it  is  entitled  to  enforce  or  retain             payment of the payment order.         (b) The  receiving  bank  is  not  entitled  to enforce or retain             payment of the payment order if the customer proves that  the             order was not caused, directly or indirectly, by a person (i)             entrusted  at  any  time  with duties to act for the customer             with respect to payment orders or the security procedure,  or             (ii)  who  obtained  access to transmitting facilities of the             customer or who obtained, from a  source  controlled  by  the             customer   and  without  authority  of  the  receiving  bank,             information facilitating breach of  the  security  procedure,             regardless of how the information was obtained or whether the             customer  was  at  fault.    Information  includes any access             device, computer software, or the like.    (2) This section applies to amendments of payment orders to  the  same  extent it applies to payment orders.