Section 45.14.203. Unenforceability of certain verified payment orders.

   (a) If an accepted payment order is not, under AS 45.14.202(a), an authorized order of a customer identified as sender, but is effective as an order of the customer under AS 45.14.202(b), the following rules apply:
        (1) by express written agreement, the receiving bank may limit the extent to which it is entitled to enforce or retain payment of the payment order;
        (2) the receiving bank is not entitled to enforce or retain payment of the payment order if the customer proves that the order was not caused, directly or indirectly, by a person
             (A) entrusted at any time with duties to act for the customer with respect to payment orders or the security procedure; or
             (B) who obtained access to transmitting facilities of the customer or who obtained, from a source controlled by the customer and without authority of the receiving bank, information facilitating breach of the security procedure, regardless of how the information was obtained or whether the customer was at fault; in this subparagraph, "information" includes any access device, computer software, or the like.
   (b) This section applies to amendments of payment orders to the same extent that it applies to payment orders.

Authorities

45.14.202;45.14.204

Notes

References

AS 45.14.202 Authorized and verified payment orders.
AS 45.14.204 Refund of payment and duty of customer to report with respect to unauthorized payment order.

History

(Sec. 12 ch 34 SLA 1993)