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the Pennsylvania Consolidated Statutes
2012 Pennsylvania Consolidated Statutes
Title 13 - COMMERCIAL CODE
Chapter 4A4 - Payment
Section 4A404 - Obligation of beneficiary's bank to pay and give notice to beneficiary
§ 4A404. Obligation of beneficiary's bank to pay and give
notice to beneficiary.
(a) Obligation.--Subject to sections 4A211(e) (relating to
cancellation and amendment of payment order) and 4A405(d) and
(e) (relating to payment by beneficiary's bank to beneficiary),
if a beneficiary's bank accepts a payment order, the bank is
obliged to pay the amount of the order to the beneficiary of the
order. Payment is due on the payment date of the order, but if
acceptance occurs on the payment date after the close of the
funds-transfer business day of the bank, payment is due on the
next funds-transfer business day. If the bank refuses to pay
after demand by the beneficiary and receipt of notice of
particular circumstances that will give rise to consequential
damages as a result of nonpayment, the beneficiary may recover
damages resulting from the refusal to pay to the extent the bank
had notice of the damages, unless the bank proves that it did
not pay because of a reasonable doubt concerning the right of
the beneficiary to payment.
(b) Notice.--If a payment order accepted by the
beneficiary's bank instructs payment to an account of the
beneficiary, the bank is obliged to notify the beneficiary of
receipt of the order before midnight of the next funds-transfer
business day following the payment date. If the payment order
does not instruct payment to an account of the beneficiary, the
bank is required to notify the beneficiary only if notice is
required by the order. Notice may be given by first class mail
or any other means reasonable in the circumstances. If the bank
fails to give the required notice, the bank is obliged to pay
interest to the beneficiary on the amount of the payment order
from the day notice should have been given until the day the
beneficiary learned of receipt of the payment order by the bank.
No other damages are recoverable. Reasonable attorney fees are
also recoverable if demand for interest is made and refused
before an action is brought on the claim.
(c) Prohibition against modification of certain rights of
beneficiary.--The right of a beneficiary to receive payment and
damages as stated in subsection (a) may not be varied by
agreement or a funds-transfer system rule. The right of a
beneficiary to be notified as stated in subsection (b) may be
varied by agreement of the beneficiary or by a funds-transfer
system rule if the beneficiary is notified of the rule before
initiation of the funds transfer.
Cross References. Section 4A404 is referred to in sections
4A405, 4A406, 4A501 of this title.
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