For proper cause and in compliance with applicable law, a court may restrain (i) a person from issuing a payment order to initiate a funds transfer, (ii) an originator's bank from executing the payment order of the originator, or (iii) the beneficiary's bank from releasing funds to the beneficiary or the beneficiary from withdrawing the funds. A court may not otherwise restrain a person from issuing a payment order, paying or receiving payment of a payment order, or otherwise acting with respect to a funds transfer.
Source: L. 90: Entire article added, p. 361, § 1, effective January 1, 1991.
This section is related to Section 4A-502(d) and to Comment 4 to Section 4A-502. It is designed to prevent interruption of a funds transfer after it has been set in motion. The initiation of a funds transfer can be prevented by enjoining the originator or the originator's bank from issuing a payment order. After the funds transfer is completed by acceptance of a payment order by the beneficiary's bank, that bank can be enjoined from releasing funds to the beneficiary or the beneficiary can be enjoined from withdrawing the funds. No other injunction is permitted. In particular, intermediary banks are protected, and injunctions against the originator and the originator's bank are limited to issuance of a payment order. Except for the beneficiary's bank, nobody can be enjoined from paying a payment order, and no receiving bank can be enjoined from receiving payment from the sender of the order that it accepted.
Structure Colorado Code
Title 4 - Uniform Commercial Code
Part 5 - Miscellaneous Provisions
§ 4-4.5-501. Variation by Agreement and Effect of Funds-Transfer System Rule
§ 4-4.5-502. Creditor Process Served on Receiving Bank; Setoff by Beneficiary's Bank
§ 4-4.5-503. Injunction or Restraining Order With Respect to Funds Transfer
§ 4-4.5-505. Preclusions of Objection to Debit of Customer's Account