(a) The receiving bank is obliged to issue, on the execution date, a payment order complying with the sender’s order and to follow the sender’s instructions concerning any intermediary bank or funds-transfer system to be used in carrying out the funds transfer, or the means by which payment orders are to be transmitted in the funds transfer. If the originator’s bank issues a payment order to an intermediary bank, the originator’s bank is obliged to instruct the intermediary bank according to the instruction of the originator. An intermediary bank in the funds transfer is similarly bound by an instruction given to it by the sender of the payment order it accepts.
(b) If the sender’s instruction states that the funds transfer is to be carried out telephonically or by wire transfer or otherwise indicates that the funds transfer is to be carried out by the most expeditious means, the receiving bank is obliged to transmit its payment order by the most expeditious available means, and to instruct any intermediary bank accordingly. If a sender’s instruction states a payment date, the receiving bank is obliged to transmit its payment order at a time and by means reasonably necessary to allow payment to the beneficiary on the payment date or as soon thereafter as is feasible.
(2) Unless otherwise instructed, a receiving bank executing a payment order may use any funds-transfer system if use of that system is reasonable in the circumstances, and issue a payment order to the beneficiary’s bank or to an intermediary bank through which a payment order conforming to the sender’s order can expeditiously be issued to the beneficiary’s bank if the receiving bank exercises ordinary care in the selection of the intermediary bank. A receiving bank is not required to follow an instruction of the sender designating a funds-transfer system to be used in carrying out the funds-transfer if the receiving bank, in good faith, determines that it is not feasible to follow the instruction or that following the instruction would unduly delay completion of the funds transfer.
(3) Unless subsection (1)(b) of this section applies or the receiving bank is otherwise instructed, the bank may execute a payment order by transmitting its payment order by first class mail or by any means reasonable in the circumstances. If the receiving bank is instructed to execute the sender’s order by transmitting its payment order by a particular means, the receiving bank may issue its payment order by the means stated or by any means as expeditious as the means stated.
(4) Unless instructed by the sender:
(a) The receiving bank may not obtain payment of its charges for services and expenses in connection with the execution of the sender’s order by issuing a payment order in an amount equal to the amount of the sender’s order less the amount of the charges; and
(b) May not instruct a subsequent receiving bank to obtain payment of its charges in the same manner. [1991 c.442 §22]
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.