§4-1202. Authorized and verified payment orders

Link to law: http://legislature.maine.gov/legis/statutes/11/title11sec4-1202.html
Published: 2015

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§4-1202. Authorized and verified payment orders








(1). 
 
A payment order received by the receiving bank is the authorized order of the person
identified as sender if that person authorized the order or is otherwise bound by
it under the law of agency.


[
1991, c. 812, §2 (NEW)
.]








(2). 
 
If a bank and its customer have agreed that the authenticity of payment orders issued
to the bank in the name of the customer as sender will be verified pursuant to a security
procedure, a payment order received by the receiving bank is effective as the order
of the customer, whether or not authorized, if:





(a). The security procedure is a commercially reasonable method of providing security
against unauthorized payment orders; and [1991, c. 812, §2 (NEW).]










(b). The bank proves that it accepted the payment order in good faith and in compliance
with the security procedure and any written agreement or instruction of the customer
restricting acceptance of payment orders issued in the name of the customer. The
bank is not required to follow an instruction that violates a written agreement with
the customer or notice of which is not received at a time and in a manner affording
the bank a reasonable opportunity to act on it before the payment order is accepted. [1991, c. 812, §2 (NEW).]







[
1991, c. 812, §2 (NEW)
.]








(3). 
 
Commercial reasonableness of a security procedure is a question of law to be determined
by considering the wishes of the customer expressed to the bank, the circumstances
of the customer known to the bank, including the size, type and frequency of payment
orders normally issued by the customer to the bank, alternative security procedures
offered to the customer and security procedures in general use by customers and receiving
banks similarly situated. A security procedure is deemed to be commercially reasonable
if:





(a). The security procedure was chosen by the customer after the bank offered and the
customer refused, a security procedure that was commercially reasonable for that customer;
and [1991, c. 812, §2 (NEW).]










(b). The customer expressly agreed in writing to be bound by any payment order, whether
or not authorized, issued in its name and accepted by the bank in compliance with
the security procedure chosen by the customer. [1991, c. 812, §2 (NEW).]







[
1991, c. 812, §2 (NEW)
.]








(4). 
 
The term "sender" in this Article includes the customer in whose name a payment
order is issued if the order is the authorized order of the customer under subsection
(1), or it is effective as the order of the customer under subsection (2).


[
1991, c. 812, §2 (NEW)
.]








(5). 
 
This section applies to amendments and cancellations of payment orders to the same
extent it applies to payment orders.


[
1991, c. 812, §2 (NEW)
.]








(6). 
 
Except as provided in this section and in section 4-1203, subsection (1), paragraph
(a), rights and obligations arising under this section or section 4-1203 may not be
varied by agreement.


[
1991, c. 812, §2 (NEW)
.]





SECTION HISTORY

1991, c. 812, §2 (NEW).