(a) 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.
(b) 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.
(2) "Information" includes any access device, computer software or the like.
(3) This section applies to amendments of payment orders to the same extent it applies to payment orders. [1991 c.442 §11]
Structure 2021 Oregon Revised Statutes
Volume : 02 - Business Organizations, Commercial Code
Chapter 074A - Funds Transfers
Section 74A.1030 - Payment order; definitions.
Section 74A.1040 - Funds transfer; definitions.
Section 74A.1050 - Other definitions.
Section 74A.1060 - Time payment order is received.
Section 74A.1080 - Exclusion of consumer transactions covered by federal law; remittance transfers.
Section 74A.2010 - Security procedure.
Section 74A.2020 - Authorized and verified payment orders.
Section 74A.2030 - Unenforceability of certain verified payment orders.
Section 74A.2050 - Erroneous payment orders.
Section 74A.2070 - Misdescription of beneficiary.
Section 74A.2080 - Misdescription of intermediary bank or beneficiary’s bank.
Section 74A.2090 - Acceptance of payment order.
Section 74A.2100 - Rejection of payment order.
Section 74A.2110 - Cancellation and amendment of payment order.
Section 74A.3010 - Execution and execution date.
Section 74A.3020 - Obligations of receiving bank in execution of payment order.
Section 74A.3030 - Erroneous execution of payment order.
Section 74A.3050 - Liability for late or improper execution or failure to execute payment order.
Section 74A.4020 - Obligation of sender to pay receiving bank.
Section 74A.4030 - Payment by sender to receiving bank.
Section 74A.4040 - Obligation of beneficiary’s bank to pay and give notice to beneficiary.
Section 74A.4050 - Payment by beneficiary’s bank to beneficiary.
Section 74A.4060 - Payment by originator to beneficiary; discharge of underlying obligation.
Section 74A.5010 - Variation by agreement and effect of funds-transfer system rule.
Section 74A.5020 - Creditor process served on receiving bank; setoff by beneficiary’s bank.
Section 74A.5030 - Injunction or restraining order with respect to funds transfer.