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- Alaska Statutes.
- Title 45. Trade and Commerce
- Chapter 14. Funds Transfers
- Section 204. Refund of Payment and Duty of Customer to Report With Respect to Unauthorized Payment Order.
previous: Section 203. Unenforceability of Certain Verified Payment Orders.
next: Section 205. Erroneous Payment Orders.
AS 45.14.204. Refund of Payment and Duty of Customer to Report With Respect to Unauthorized Payment Order.
- (a) If a receiving bank accepts a payment order issued in the name of its customer as sender and if the payment order is
not authorized and not effective as the order of the customer under AS 45.14.202
, or not enforceable in whole or in part against the customer under AS 45.14.203, the bank shall refund payment of the payment
order received from the customer to the extent that the bank is not entitled to enforce payment and shall pay interest
on the refundable amount calculated from the date the bank received payment to the date of the refund. However, the
customer is not entitled to interest from the bank on the amount to be refunded if the customer fails to exercise
ordinary care to determine that the order was not authorized by the customer and to notify the bank of the relevant
facts within a reasonable time not exceeding 90 days after the date the customer received notification from the bank
that the order was accepted or that the customer's account was debited with respect to the order. The bank is not
entitled to recovery from the customer on account of a failure by the customer to give notification as stated in this
section.
- (b) Reasonable time under (a) of this section may be fixed by agreement as stated in AS 45.01.204
(a), but the obligation of a receiving bank to refund payment as stated in (a) of this section may not otherwise be
varied by agreement.
Note to HTML Version:
This version of the Alaska Statutes is current through December, 2004. The Alaska Statutes were automatically converted to HTML from a plain text format. Every effort
has been made to ensure their accuracy, but this can not be guaranteed. If it is critical that the precise terms of the Alaska Statutes be known, it is recommended that more formal sources be consulted. For statutes adopted after the effective date of these statutes, see, Alaska State Legislature
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Last modified 9/3/2005