Section 4A–205. (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 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 paragraphs (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 shall apply to an amendment to a payment order to the same extent it applies to a payment order.
Structure Massachusetts General Laws
Part I - Administration of the Government
Title XV - Regulation of Trade
Chapter 106 - Uniform Commercial Code
Section 4a-103 - Payment Order — Definitions
Section 4a-304 - Duty of Sender to Report Erroneously Executed Payment Order
Section 4a-305 - Liability for Late or Improper Execution or Failure to Execute Payment Order
Section 4a-402 - Obligation of Sender to Pay Receiving Bank
Section 4a-403 - Payment by Sender to Receiving Bank
Section 4a-404 - Obligation of Beneficiary's Bank to Pay and Give Notice to Beneficiary
Section 4a-405 - Payment by Beneficiary's Bank to Beneficiary
Section 4a-303 - Erroneous Execution of Payment Order
Section 4a-406 - Payment by Originator to Beneficiary; Discharge of Underlying Obligation
Section 4a-502 - Creditor Process Served on Receiving Bank; Setoff by Beneficiary's Bank
Section 4a-503 - Injunction or Restraining Order With Respect to Funds Transfer
Section 4a-505 - Preclusion of Objection to Debit of Customer's Account
Section 4a-506 - Rate of Interest
Section 4a-507 - Choice of Law
Section 4a-102 - Subject Matter
Section 4a-501 - Variation by Agreement and Effect of Funds Transfer System Rule
Section 4a-302 - Obligations of Receiving Bank in Execution of Payment Order
Section 4a-104 - Funds Transfer — Definitions
Section 4a-212 - Liability and Duty of Receiving Bank Regarding Unaccepted Payment Order
Section 4a-301 - Execution and Execution Date
Section 4a-105 - Other Definitions
Section 4a-106 - Time Payment Order Is Received
Section 4a-107 - Federal Reserve Regulations and Operating Circulars
Section 4a-201 - Security Procedure
Section 4a-202 - Authorized and Verified Payment Orders
Section 4a-203 - Unenforceability of Certain Verified Payment Orders
Section 4a-108 - Relationship to Electronic Fund Transfer Act
Section 4a-205 - Erroneous Payment Orders
Section 4a-206 - Transmission of Payment Order Through Funds Transfer or Other Communication System
Section 4a-207 - Misdescription of Beneficiary
Section 4a-208 - Misdescription of Intermediary Bank or Beneficiary's Bank
Section 4a-209 - Acceptance of Payment Order
Section 4a-210 - Rejection of Payment Order
Section 4a-211 - Cancellation and Amendment of Payment Order