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- Alaska Statutes.
- Title 45. Trade and Commerce
- Chapter 14. Funds Transfers
- Section 211. Cancellation and Amendment of Payment Order.
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Section 210. Rejection of Payment Order.
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Section 212. Liability and Duty of Receiving Bank Regarding Unaccepted Payment Order.
AS 45.14.211. Cancellation and Amendment of Payment Order.
- (a) A communication of the sender of a payment order canceling or amending the order may be transmitted to the receiving
bank orally, electronically, or in writing. If a security procedure is in effect between the sender and the receiving
bank, the communication is not effective to cancel or amend the order unless the communication is verified under the
security procedure or the bank agrees to the cancellation or amendment.
- (b) Subject to (a) of this section, a communication by the sender canceling or amending a payment order is effective to
cancel or amend the order if notice of the communication is received at a time and in a manner affording the receiving
bank a reasonable opportunity to act on the communication before the bank accepts the payment order.
- (c) After a payment order has been accepted, cancellation or amendment of the order is not effective unless the receiving
bank agrees or a funds-transfer system rule allows cancellation or amendment without agreement of the bank. The
following rules also apply:
- (1) with respect to a payment order accepted by a receiving bank other than the beneficiary's bank, cancellation or
amendment is not effective unless a conforming cancellation or amendment of the payment order issued by the receiving
bank is also made;
- (2) with respect to a payment order accepted by the beneficiary's bank, cancellation or amendment is not effective unless
the order was issued in execution of an unauthorized payment order, or because of a mistake by a sender in the funds
transfer, if the mistake resulted in the issuance of a payment order that
- (A) is a duplicate of a payment order previously issued by the sender;
- (B) orders payment to a beneficiary not entitled to receive payment from the originator; or
- (C) orders payment in an amount greater than the amount the beneficiary was entitled to receive from the originator.
- (d) Under (c)(2) of this section, if the payment order is canceled or amended, the beneficiary's bank is entitled to
recover from the beneficiary any amount paid to the beneficiary to the extent allowed by the law governing mistake and
restitution.
- (e) An unaccepted payment order is canceled by operation of law at the close of the fifth funds-transfer business day of
the receiving bank after the execution date or payment date of the order.
- (f) A canceled payment order cannot be accepted. If an accepted payment order is canceled, the acceptance is nullified and
no person has a right or obligation based on the acceptance. Amendment of a payment order is considered to be
cancellation of the original order at the time of amendment and issue of a new payment order in the amended form at the
same time.
- (g) Unless otherwise provided in an agreement of the parties or in a funds-transfer system rule, if the receiving bank,
after accepting a payment order, agrees to cancellation or amendment of the order by the sender or is bound by a
funds-transfer system rule allowing cancellation or amendment without the banks' agreement, the sender, whether or not
cancellation or amendment is effective, is liable to the bank for any loss and expenses, including reasonable attorney
fees, incurred by the bank as a result of the cancellation or amendment or attempted cancellation or amendment.
- (h) A payment order is not revoked by the death or legal incapacity of the sender unless the receiving bank knows of the
death or of an adjudication of incapacity by a court of competent jurisdiction and has reasonable opportunity to act
before acceptance of the order.
- (i) A funds-transfer system rule is not effective to the extent that it conflicts with (c)(2) or (d) of this section.
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