If a receiving bank fails to accept a payment order that it is obliged by express agreement to accept, the bank is liable for breach of the agreement to the extent provided in the agreement or in this article, but does not otherwise have any duty to accept a payment order or, before acceptance, to take any action, or refrain from taking action, with respect to the order except as provided in this article or by express agreement. Liability based on acceptance arises only when acceptance occurs as stated in section 4-4.5-209, and liability is limited to that provided in this article. A receiving bank is not the agent of the sender or beneficiary of the payment order it accepts, or of any other party to the funds transfer, and the bank owes no duty to any party to the funds transfer except as provided in this article or by express agreement.
Source: L. 90: Entire article added, p. 352, § 1, effective January 1, 1991.
With limited exceptions stated in this Article, the duties and obligations of receiving banks that carry out a funds transfer arise only as a result of acceptance of payment orders or of agreements made by receiving banks. Exceptions are stated in Section 4A-209(b)(3) and Section 4A-210(b). A receiving bank is not like a collecting bank under Article 4. No receiving bank, whether it be an originator's bank, an intermediary bank or a beneficiary's bank, is an agent for any other party in the funds transfer.
Structure Colorado Code
Title 4 - Uniform Commercial Code
Part 2 - Issue and Acceptance of Payment Order
§ 4-4.5-201. Security Procedure
§ 4-4.5-202. Authorized and Verified Payment Orders
§ 4-4.5-203. Unenforceability of Certain Verified Payment Orders
§ 4-4.5-205. Erroneous Payment Orders
§ 4-4.5-206. Transmission of Payment Order Through Funds-Transfer or Other Communication System
§ 4-4.5-207. Misdescription of Beneficiary
§ 4-4.5-208. Misdescription of Intermediary Bank or Beneficiary's Bank
§ 4-4.5-209. Acceptance of Payment Order
§ 4-4.5-210. Rejection of Payment Order
§ 4-4.5-211. Cancellation and Amendment of Payment Order
§ 4-4.5-212. Liability and Duty of Receiving Bank Regarding Unaccepted Payment Order