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This entry was published on 2014-09-22
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Duty of Sender to Report Erroneously Executed Payment Order
Uniform Commercial Code (UCC) CHAPTER 38, ARTICLE 4-A, PART 3
Section 4-A-304. Duty of Sender to Report Erroneously Executed Payment


If the sender of a payment order that is erroneously executed as
stated in Section 4-A-303 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 subsection (4) of Section
4-A-402 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.