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- Alaska Statutes.
- Title 45. Trade and Commerce
- Chapter 14. Funds Transfers
- Section 303. Erroneous Execution of Payment Order.
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Section 302. Obligations of Receiving Bank in Execution of Payment Order.
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Section 304. Duty of Sender to Report Erroneously Executed Payment Order.
AS 45.14.303. Erroneous Execution of Payment Order.
- (a) If a receiving bank executes the payment order of the sender by issuing a payment order in an amount greater than the
amount of the sender's order, or if a receiving bank issues a payment order in execution of the sender's order and then
issues a duplicate order, the bank is entitled to payment of the amount of the sender's order under AS 45.14.402
(c) if that subsection is otherwise satisfied. The bank is entitled to recover from the beneficiary of the erroneous
order the excess payment received to the extent allowed by the law governing mistake and restitution.
- (b) A receiving bank that executes the payment order of the sender by issuing a payment order in an amount less than the
amount of the sender's order is entitled to payment of the amount of the sender's order under AS 45.14.402
(c) if that subsection is otherwise satisfied and the bank corrects its mistake by issuing an additional payment order
for the benefit of the beneficiary of the sender's order. If the error is not corrected, the issuer of the erroneous
order is entitled to receive or retain payment from the sender of the order it accepted only to the extent of the
amount of the erroneous order. This subsection does not apply if the receiving bank executes the sender's payment order
by issuing a payment order in an amount less than the amount of the sender's order for the purpose of obtaining payment
of its charges for services and expenses pursuant to instruction of the sender.
- (c) If a receiving bank executes the payment order of the sender by issuing a payment order to a beneficiary different
from the beneficiary of the sender's order and the funds transfer is completed on the basis of that error, the sender
of the payment order that was erroneously executed and all previous senders in the funds transfer are not obliged to
pay the payment orders they issued. The issuer of the erroneous order is entitled to recover from the beneficiary of
the order the payment received to the extent allowed by the law governing mistake and restitution.
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