(a) If a receiving bank has received more than one payment order of the sender or one or more payment orders and other items that are payable from the sender’s account, the bank may charge the sender’s account with respect to the various orders and items in any sequence.
(b) In determining whether a credit to an account has been withdrawn by the holder of the account or applied to a debt of the holder of the account, credits first made to the account are first withdrawn or applied.
(Apr. 30, 1992, D.C. Law 9-95, § 2(c), 39 DCR 1595.)
1981 Ed., § 28:4A-504.
1. Subsection (a) concerns priority among various obligations that are to be paid from the same account. A customer may have written checks on its account with the receiving bank and may have issued one or more payment orders payable from the same account.
If the account balance is not sufficient to cover all of the checks and payment orders, some checks may be dishonored and some payment orders may not be accepted. Although there is no concept of wrongful dishonor of a payment order in Article 4A in the absence of an agreement to honor by the receiving bank, some rights and obligations may depend on the amount in the customer’s account. Section 4A-209(b)(3) and Section 4A-210(b). Whether dishonor of a check is wrongful also may depend upon the balance in the customer’s account. Under subsection (a), the bank is not required to consider the competing items and payment orders in any particular order. Rather it may charge the customer’s account for the various items and orders in any order. Suppose there is $12,000 in the customer’s account. If a check for $5,000 is presented for payment and the bank receives a $10,000 payment order from the customer, the bank could dishonor the check and accept the payment order. Dishonor of the check is not wrongful because the account balance was less than the amount of the check after the bank charged the account $10,000 on account of the payment order. Or, the bank could pay the check and not execute the payment order because the amount of the order is not covered by the balance in the account.
2. Subsection (b) follows Section 4-208(b) in using the first-in-first-out rule for determining the order in which credits to an account are withdrawn.
Structure District of Columbia Code
Title 28 - Commercial Instruments and Transactions. [Enacted title]
Subtitle I - Uniform Commercial Code
Part 1 - Subject Matter and Definitions
§ 28:4A–103. Payment order — definitions
§ 28:4A–104. Funds transfer — definitions
§ 28:4A–105. Other definitions
§ 28:4A–106. Time payment order is received
§ 28:4A–107. Federal Reserve regulations and operating circulars
§ 28:4A–108. Relationship to Electronic Fund Transfers Act
§ 28:4A–201. Security procedure
§ 28:4A–202. Authorized and verified payment orders
§ 28:4A–203. Unenforceability of certain verified payment orders
§ 28:4A–205. Erroneous payment orders
§ 28:4A–206. Transmission of payment order through funds-transfer or other communication system
§ 28:4A–207. Misdescription of beneficiary
§ 28:4A–208. Misdescription of intermediary bank or beneficiary’s bank
§ 28:4A–209. Acceptance of payment order
§ 28:4A–210. Rejection of payment order
§ 28:4A–211. Cancellation and amendment of payment order
§ 28:4A–212. Liability and duty of receiving bank regarding unaccepted payment order
§ 28:4A–301. Execution and execution date
§ 28:4A–302. Obligations of receiving bank in execution of payment order
§ 28:4A–303. Erroneous execution of payment order
§ 28:4A–304. Duty of sender to report erroneously executed payment order
§ 28:4A–305. Liability for late or improper execution or failure to execute payment order
§ 28:4A–402. Obligation of sender to pay receiving bank
§ 28:4A–403. Payment by sender to receiving bank
§ 28:4A–404. Obligation of beneficiary’s bank to pay and give notice to beneficiary
§ 28:4A–405. Payment by beneficiary’s bank to beneficiary
§ 28:4A–406. Payment by originator to beneficiary; discharge of underlying obligation
§ 28:4A–501. Variation by agreement and effect of funds-transfer system rule
§ 28:4A–502. Creditor process served on receiving bank; setoff by beneficiary’s bank
§ 28:4A–503. Injunction or restraining order with respect to funds transfer
§ 28:4A–505. Preclusion of objection to debit of customer’s account