(a) A payment order received by the receiving bank is the authorized order of the person identified as sender if that person authorized the order or is otherwise bound by it under the law of agency.
(b) If a bank and its customer have agreed that the authenticity of payment orders issued to the bank in the name of the customer as sender will be verified pursuant to a security procedure, a payment order received by the receiving bank is effective as the order of the customer, whether or not authorized, if (i) the security procedure is a commercially reasonable method of providing security against unauthorized payment orders, and (ii) the bank proves that it accepted the payment order in good faith and in compliance with the security procedure and any written agreement or instruction of the customer restricting acceptance of payment orders issued in the name of the customer. The bank is not required to follow an instruction that violates a written agreement with the customer or notice of which is not received at a time and in a manner affording the bank a reasonable opportunity to act on it before the payment order is accepted.
(c) Commercial reasonableness of a security procedure is a question of law to be determined by considering the wishes of the customer expressed to the bank, the circumstances of the customer known to the bank, including the size, type, and frequency of payment orders normally issued by the customer to the bank, alternative security procedures offered to the customer, and security procedures in general use by customers and receiving banks similarly situated. A security procedure is deemed to be commercially reasonable if (i) the security procedure was chosen by the customer after the bank offered, and the customer refused, a security procedure that was commercially reasonable for that customer, and (ii) the customer expressly agreed in writing to be bound by any payment order, whether or not authorized, issued in its name and accepted by the bank in compliance with the security procedure chosen by the customer.
(d) The term “sender” in this article includes the customer in whose name a payment order is issued if the order is the authorized order of the customer under subsection (a), or it is effective as the order of the customer under subsection (b).
(e) This section applies to amendments and cancellations of payment orders to the same extent it applies to payment orders.
(f) Except as provided in this section and in subdivision (1) of subsection (a) of section 42a-4A-203, rights and obligations arising under this section or section 42a-4A-203 may not be varied by agreement.
(P.A. 90-202, S. 1(4A-202), 3.)
Structure Connecticut General Statutes
Title 42a - Uniform Commercial Code
Section 42a-4A-101. - Short title: Uniform Commercial Code–Funds Transfers.
Section 42a-4A-102. - Subject matter.
Section 42a-4A-103. - Payment order; definitions.
Section 42a-4A-104. - Funds transfer; definitions.
Section 42a-4A-105. - Other definitions.
Section 42a-4A-106. - Time payment order is received.
Section 42a-4A-107. - Federal regulations and operating circulars.
Section 42a-4A-108. - Application of article to certain funds transfers governed by federal law.
Section 42a-4A-201. - Security procedure.
Section 42a-4A-202. - Authorized and verified payment orders.
Section 42a-4A-203. - Unenforceability of certain verified payment orders.
Section 42a-4A-205. - Erroneous payment orders.
Section 42a-4A-207. - Misdescription of beneficiary.
Section 42a-4A-208. - Misdescription of intermediary bank or beneficiary's bank.
Section 42a-4A-209. - Acceptance of payment order.
Section 42a-4A-210. - Rejection of payment order.
Section 42a-4A-211. - Cancellation and amendment of payment order.
Section 42a-4A-212. - Liability and duty of receiving bank regarding unaccepted payment order.
Section 42a-4A-301. - Execution and execution date.
Section 42a-4A-302. - Obligations of receiving bank in execution of payment order.
Section 42a-4A-303. - Erroneous execution of payment order.
Section 42a-4A-304. - Duty of sender to report erroneously executed payment order.
Section 42a-4A-305. - Liability for late or improper execution or failure to execute payment order.
Section 42a-4A-401. - Payment date.
Section 42a-4A-402. - Obligation of sender to pay receiving bank.
Section 42a-4A-403. - Payment by sender to receiving bank.
Section 42a-4A-404. - Obligation of beneficiary's bank to pay and give notice to beneficiary.
Section 42a-4A-405. - Payment by beneficiary's bank to beneficiary.
Section 42a-4A-406. - Payment by originator to beneficiary; discharge of underlying obligation.
Section 42a-4A-501. - Variation by agreement and effect of funds-transfer system rule.
Section 42a-4A-502. - Creditor process served on receiving bank; set-off by beneficiary's bank.
Section 42a-4A-503. - Injunction or restraining order with respect to funds transfer.
Section 42a-4A-505. - Preclusion of objection to debit of customer's account.