§4-1203. Unenforceability of certain verified payment orders
(1). If an accepted payment order is not under section 4-1202, subsection (1) an authorized order of a customer identified as sender but is effective as an order of the customer pursuant to section 4-1202, subsection (2), the following rules apply.
(a). By express written agreement, the receiving bank may limit the extent to which it is entitled to enforce or retain payment of the payment order. [PL 1991, c. 812, §2 (NEW).]
(b). The receiving bank is not entitled to enforce or retain payment of the payment order if the customer proves that the order was not caused, directly or indirectly, by a person:
(i) Entrusted at any time with duties to act for the customer with respect to payment orders or the security procedure or who obtained access to transmitting facilities of the customer; or
(ii) Who obtained from a source controlled by the customer and without authority of the receiving bank information facilitating breach of the security procedure, regardless of how the information was obtained or whether the customer was at fault. Information includes any access device, computer software or the like. [PL 1991, c. 812, §2 (NEW).]
[PL 1991, c. 812, §2 (NEW).]
(2). This section applies to amendments of payment orders to the same extent it applies to payment orders.
[PL 1991, c. 812, §2 (NEW).]
SECTION HISTORY
PL 1991, c. 812, §2 (NEW).
Structure Maine Revised Statutes
TITLE 11: UNIFORM COMMERCIAL CODE
Part 2: ISSUE AND ACCEPTANCE OF PAYMENT ORDER
11 §4-1201. Security procedure
11 §4-1202. Authorized and verified payment orders
11 §4-1203. Unenforceability of certain verified payment orders
11 §4-1205. Erroneous payment orders
11 §4-1206. Transmission of payment order through funds transfer or other communication system
11 §4-1207. Misdescription of beneficiary
11 §4-1208. Misdescription of intermediary bank or beneficiary's bank
11 §4-1209. Acceptance of payment order
11 §4-1210. Rejection of payment order
11 §4-1211. Cancellation and amendment of payment order
11 §4-1212. Liability and duty of receiving bank regarding unaccepted payment order