Sec. 204. (a) If a receiving bank accepts a payment order issued in the name of its customer as sender which is (i) not authorized and not effective as the order of the customer under IC 26-1-2.1-202, or (ii) not enforceable, in whole or in part, against the customer under IC 26-1-4.1-203, the bank shall refund any payment of the payment order received from the customer to the extent the bank is not entitled to enforce payment and shall pay interest on the refundable amount calculated from the date the bank received payment to the date of the refund. However, the customer is not entitled to interest from the bank on the amount to be refunded if the customer fails to exercise ordinary care to determine that the order was not authorized by the customer and to notify the bank of the relevant facts within a reasonable time not exceeding ninety (90) days after the date the customer received notification from the bank that the order was accepted or that the customer's account was debited with respect to the order. The bank is not entitled to any recovery from the customer on account of a failure by the customer to give notification as stated in this section.
(b) Reasonable time under subsection (a) may be fixed by agreement as stated in IC 26-1-1-204(1), but the obligation of a receiving bank to refund payment as stated in subsection (a) may not otherwise be varied by agreement.
As added by P.L.189-1991, SEC.4. Amended by P.L.1-1992, SEC.138.
Structure Indiana Code
Article 1. Uniform Commercial Code
26-1-4.1-103. Payment Order—definitions
26-1-4.1-104. Funds Transfer—definitions
26-1-4.1-105. Other Definitions
26-1-4.1-106. Time Payment Order Is Received
26-1-4.1-107. Federal Reserve Regulations and Operating Circulars
26-1-4.1-108. Exclusion of Consumer Transactions Governed by Federal Law
26-1-4.1-201. "Security Procedure"
26-1-4.1-202. Authorized and Verified Payment Orders
26-1-4.1-203. Unenforceability of Certain Verified Payment Orders
26-1-4.1-205. Erroneous Payment Orders
26-1-4.1-206. Transmission of Payment Order Through Funds-Transfer or Other Communication System
26-1-4.1-207. Misdescription of Beneficiary
26-1-4.1-208. Misdescription of Intermediary Bank or Beneficiary's Bank
26-1-4.1-209. Acceptance of Payment Order
26-1-4.1-210. Rejection of Payment Order
26-1-4.1-211. Cancellation and Amendment of Payment Order
26-1-4.1-212. Liability and Duty of Receiving Bank Regarding Unaccepted Payment Order
26-1-4.1-301. Execution and Execution Date
26-1-4.1-302. Obligations of Receiving Bank in Execution of Payment Order
26-1-4.1-303. Erroneous Execution of Payment Order
26-1-4.1-304. Duty of Sender to Report Erroneously Executed Payment Order
26-1-4.1-305. Liability for Late or Improper Execution or Failure to Execute Payment Order
26-1-4.1-402. Obligation of Sender to Pay Receiving Bank
26-1-4.1-403. Payment by Sender to Receiving Bank
26-1-4.1-404. Obligation of Beneficiary's Bank to Pay and Give Notice to Beneficiary
26-1-4.1-405. Payment by Beneficiary's Bank to Beneficiary
26-1-4.1-406. Payment by Originator to Beneficiary; Discharge of Underlying Obligation
26-1-4.1-501. Variation by Agreement and Effect of Funds Transfer System Rule
26-1-4.1-502. Creditor Process Served on Receiving Bank; Setoff by Beneficiary's Bank
26-1-4.1-503. Injunction or Restraining Order With Respect to Funds Transfer
26-1-4.1-505. Preclusion of Objection to Debit of Customer's Account