Section 45.14.209. Acceptance of payment order.

   (a) Subject to (d) of this section, a receiving bank other than the beneficiary's bank accepts a payment order when it executes the order.
   (b) Subject to (c) and (d) of this section, a beneficiary's bank accepts a payment order at the earliest of the following times:
        (1) when the bank
             (A) pays the beneficiary as stated in AS 45.14.405(a) or (b); or
             (B) notifies the beneficiary of receipt of the order or that the account of the beneficiary has been credited with respect to the order unless the notice indicates that the bank is rejecting the order or that funds with respect to the order may not be withdrawn or used until receipt of payment from the sender of the order;
        (2) when the bank receives payment of the entire amount of the sender's order under AS 45.14.403(a)(1) or (2); or
        (3) the opening of the next funds-transfer business day of the bank following the payment date of the order if, at the opening of the next funds-transfer business day, the amount of the sender's order is fully covered by a withdrawable credit balance in an authorized account of the sender, or the bank has otherwise received full payment from the sender, unless the order was rejected before the opening of the next funds-transfer business day, is rejected within one hour after the opening of the next funds-transfer business day, or, if later, is rejected one hour after the opening of the next business day of the sender following the payment date; if notice of rejection is received by the sender after the payment date and the authorized account of the sender does not bear interest, the bank is obliged to pay interest to the sender on the amount of the order for the number of days elapsing after the payment date to the day the sender receives notice or learns that the order was not accepted, counting that day as an elapsed day; if the withdrawable credit balance during that period falls below the amount of the order, the amount of interest payable is reduced accordingly.
   (c) Acceptance of a payment order may not occur before the order is received by the receiving bank. Acceptance does not occur under (b)(2) or (3) of this section if the beneficiary of the payment order does not have an account with the receiving bank, the account has been closed, or the receiving bank is not permitted by law to receive credits for the beneficiary's account.
   (d) A payment order issued to the originator's bank cannot be accepted until the payment date if the bank is the beneficiary's bank, or the execution date if the bank is not the beneficiary's bank. If the originator's bank executes the originator's payment order before the execution date or pays the beneficiary of the originator's payment order before the payment date and the payment order is subsequently canceled under AS 45.14.211(b), the bank may recover from the beneficiary any payment received to the extent allowed by the law governing mistake and restitution.

Authorities

45.14.105;45.14.212;45.14.302

Notes

References

AS 45.14.105 Other definitions.
AS 45.14.212 Liability and duty of receiving bank regarding unaccepted payment order.
AS 45.14.302 Obligations of receiving bank in execution of payment order.

History

(Sec. 12 ch 34 SLA 1993)