Section 4A–404. (a) Subject to subsection (e) of section 4A–211 and subsections (d) and (e) of section 4A–405, 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 after the close of the 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 attorneys' 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.
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