2018 New Mexico Statutes
Chapter 55 - Uniform Commercial Code
Article 4A - Funds Transfers
Section 55-4A-304 - Duty of sender to report erroneously executed payment order.
If the sender of a payment order that is erroneously executed as stated in Section 55-4A-303 NMSA 1978 receives notification from the receiving bank that the order was executed or that the sender's account was debited with respect to the order, the sender has a duty to exercise ordinary care to determine, on the basis of information available to the sender, that the order was erroneously executed and to notify the bank of the relevant facts within a reasonable time not exceeding ninety days after the notification from the bank was received by the sender. If the sender fails to perform that duty, the bank is not obliged to pay interest on any amount refundable to the sender under Section 55-4A-402(d) NMSA 1978 for the period before the bank learns of the execution error. The bank is not entitled to any recovery from the sender on account of a failure by the sender to perform the duty stated in this section.
History: 1978 Comp., § 55-4A-304, enacted by Laws 1992, ch. 114, § 220.
OFFICIAL COMMENTS
UCC Official Comments by ALI & the NCCUSL. Reproduced with permission of the PEB for the UCC. All rights reserved.
This section is identical in effect to Section 4A-204 [55-4A-204 NMSA 1978] which applies to unauthorized orders issued in the name of a customer of the receiving bank. The rationale is stated in Comment 2 to Section 4A-204 [55-4A-204 NMSA 1978].
Effective dates. — Laws 1992, ch. 114, § 238 made the act effective July 1, 1992.
