(a) If an accepted payment order was transmitted pursuant to a security procedure for the detection of error and the payment order (i) erroneously instructed payment to a beneficiary not intended by the sender, (ii) erroneously instructed payment in an amount greater than the amount intended by the sender, or (iii) was an erroneously transmitted duplicate of a payment order previously sent by the sender, the following rules apply:
(1) If the sender proves that the sender or a person acting on behalf of the sender pursuant to section 42a-4A-206 complied with the security procedure and that the error would have been detected if the receiving bank had also complied, the sender is not obliged to pay the order to the extent stated in subdivisions (2) and (3).
(2) If the funds transfer is completed on the basis of an erroneous payment order described in clause (i) or (iii) of subsection (a), the sender is not obliged to pay the order and the receiving bank is entitled to recover from the beneficiary any amount paid to the beneficiary to the extent allowed by the law governing mistake and restitution.
(3) If the funds transfer is completed on the basis of a payment order described in clause (ii) of subsection (a), the sender is not obliged to pay the order to the extent the amount received by the beneficiary is greater than the amount intended by the sender. In that case, the receiving bank is entitled to recover from the beneficiary the excess amount received to the extent allowed by the law governing mistake and restitution.
(b) If (i) the sender of an erroneous payment order described in subsection (a) is not obliged to pay all or part of the order, and (ii) the sender receives notification from the receiving bank that the order was accepted by the bank or that the sender's account was debited with respect to the order, the sender has a duty to exercise ordinary care, on the basis of information available to the sender, to discover the error with respect to the order and to advise the bank of the relevant facts within a reasonable time, not exceeding ninety days, after the bank's notification was received by the sender. If the bank proves that the sender failed to perform that duty, the sender is liable to the bank for the loss the bank proves it incurred as a result of the failure, but the liability of the sender may not exceed the amount of the sender's order.
(c) This section applies to amendments to payment orders to the same extent it applies to payment orders.
(P.A. 90-202, S. 1(4A-205), 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.