- Alaska Statutes.
- Title 45. Trade and Commerce
- Chapter 14. Funds Transfers
- Section 302. Obligations of Receiving Bank in Execution of Payment Order.
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AS 45.14.302. Obligations of Receiving Bank in Execution of Payment Order.
- (a) Except as provided in (b) - (d) of this section, if the receiving bank accepts a payment order under AS 45.14.209
(a), the bank has the following obligations in executing the order:
- (1) the receiving bank is obliged to issue, on the execution date, a payment order complying with the sender's order and
to follow the sender's instructions concerning
- (A) an intermediary bank or funds-transfer system to be used in carrying out the funds transfer; or
- (B) the means by which payment orders are to be transmitted in the funds transfer; if the originator's bank issues a
payment order to an intermediary bank, the originator's bank is obliged to instruct the intermediary bank according to
the instruction of the originator; an intermediary bank in the funds transfer is similarly bound by an instruction
given to it by the sender of the payment order it accepts;
- (2) if the sender's instruction states that the funds transfer is to be carried out telephonically or by wire transfer or
otherwise indicates that the funds transfer is to be carried out by the most expeditious means, the receiving bank is
obliged to transmit its payment order by the most expeditious available means, and to instruct an intermediary bank
accordingly; if a sender's instruction states a payment date, the receiving bank is obliged to transmit its payment
order at a time and by means reasonably necessary to allow payment to the beneficiary on the payment date or as soon
after that date as is feasible.
- (b) Unless otherwise instructed, a receiving bank executing a payment order may
- (1) use any funds-transfer system if use of that system is reasonable in the circumstances; and
- (2) issue a payment order to the beneficiary's bank or to an intermediary bank through which a payment order conforming to
the sender's order can expeditiously be issued to the beneficiary's bank if the receiving bank exercises ordinary care
in the selection of the intermediary bank; a receiving bank is not required to follow an instruction of the sender
designating a funds-transfer system to be used in carrying out the funds transfer if the receiving bank, in good faith,
determines that it is not feasible to follow the instruction or that following the instruction would unduly delay
completion of the funds transfer.
- (c) Unless (a)(2) of this section applies or the receiving bank is otherwise instructed, the bank may execute a payment
order by transmitting its payment order by first class mail or by any means reasonable in the circumstances. If the
receiving bank is instructed to execute the sender's order by transmitting its payment order by a particular means, the
receiving bank may issue its payment order by the means stated or by means as expeditious as the means stated.
- (d) Unless instructed by the sender,
- (1) the receiving bank may not obtain payment of its charges for services and expenses in connection with the execution of
the sender's order by issuing a payment order in an amount equal to the amount of the sender's order less the amount of
the charges; and
- (2) may not instruct a subsequent receiving bank to obtain payment of its charges in the same manner.
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