Sec. 404. (a) Subject to IC 26-1-4.1-211(e), IC 26-1-4.1-405(d), and IC 26-1-4.1-405(e), if a beneficiary's bank accepts a payment order, the bank is obliged to pay the amount of the order to the beneficiary of the order. Payment is due on the payment date of the order, but if acceptance occurs on the payment date after the close of the funds-transfer business day of the bank, payment is due on the next funds-transfer business day. If the bank refuses to pay after demand by the beneficiary and receipt of notice of particular circumstances that will give rise to consequential damages as a result of nonpayment, the beneficiary may recover damages resulting from the refusal to pay to the extent the bank had notice of the damages, unless the bank proves that it did not pay because of a reasonable doubt concerning the right of the beneficiary to payment.
(b) If a payment order accepted by the beneficiary's bank instructs payment to an account of the beneficiary, the bank is obliged to notify the beneficiary of receipt of the order before midnight of the next funds-transfer business day following the payment date. If the payment order does not instruct payment to an account of the beneficiary, the bank is required to notify the beneficiary only if notice is required by the order. Notice may be given by first class mail or any other means reasonable in the circumstances. If the bank fails to give the required notice, the bank is obliged to pay interest to the beneficiary on the amount of the payment order from the day notice should have been given until the day the beneficiary learned of receipt of the payment order by the bank. No other damages are recoverable. Reasonable attorney's fees are also recoverable if demand for interest is made and refused before an action is brought on the claim.
(c) The right of a beneficiary to receive payment and damages as stated in subsection (a) may not be varied by agreement or a funds-transfer system rule. The right of a beneficiary to be notified as stated in subsection (b) may be varied by agreement of the beneficiary or by a funds-transfer system rule if the beneficiary is notified of the rule before initiation of the funds transfer.
As added by P.L.189-1991, SEC.4.
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