57A-4A-507. Choice of law.
(a) The following rules apply unless the affected parties otherwise agree or subsection (c) applies:
(1)The rights and obligations between the sender of a payment order and the receiving bank are governed by the law of the jurisdiction in which the receiving bank is located.
(2)The rights and obligations between the beneficiary's bank and the beneficiary are governed by the law of the jurisdiction in which the beneficiary's bank is located.
(3)The issue of when payment is made pursuant to a funds transfer by the originator to the beneficiary is governed by the law of the jurisdiction in which the beneficiary's bank is located.
(b) If the parties described in each paragraph of subsection (a) have made an agreement selecting the law of a particular jurisdiction to govern rights and obligations between each other, the law of that jurisdiction governs those rights and obligations, whether or not the payment order or the funds transfer bears a reasonable relation to that jurisdiction.
(c) A funds-transfer system rule may select the law of a particular jurisdiction to govern (i) rights and obligations between participating banks with respect to payment orders transmitted or processed through the system, or (ii) the rights and obligations of some or all parties to a funds transfer any part of which is carried out by means of the system. A choice of law made pursuant to clause (i) is binding on participating banks. A choice of law made pursuant to clause (ii) is binding on the originator, other sender, or a receiving bank having notice that the funds-transfer system might be used in the funds transfer and of the choice of law by the system when the originator, other sender, or receiving bank issued or accepted a payment order. The beneficiary of a funds transfer is bound by the choice of law if, when the funds transfer is initiated, the beneficiary has notice that the funds-transfer system might be used in the funds transfer and of the choice of law by the system. The law of a jurisdiction selected pursuant to this subsection may govern, whether or not that law bears a reasonable relation to the matter in issue.
(d) In the event of inconsistency between an agreement under subsection (b) and a choice-of-law rule under subsection (c), the agreement under subsection (b) prevails.
(e) If a funds transfer is made by use of more than one funds-transfer system and there is inconsistency between choice-of-law rules of the systems, the matter in issue is governed by the law of the selected jurisdiction that has the most significant relationship to the matter in issue.
Source: SL 1991, ch 397, §1; SL 1992, ch 336, §4.
Structure South Dakota Codified Laws
Title 57A - Uniform Commercial Code
Section 57A-4A-101 - Short title.
Section 57A-4A-102 - Subject matter.
Section 57A-4A-103 - Payment order--Definitions.
Section 57A-4A-104 - Funds transfer--Definitions.
Section 57A-4A-105 - Other definitions.
Section 57A-4A-106 - Time payment order is received.
Section 57A-4A-107 - Federal reserve regulations and operating circulars.
Section 57A-4A-108 - Exclusion of consumer transactions governed by federal law.
Section 57A-4A-201 - Security procedure.
Section 57A-4A-202 - Authorized and verified payment orders.
Section 57A-4A-203 - Unenforceability of certain verified payment orders.
Section 57A-4A-205 - Erroneous payment orders.
Section 57A-4A-207 - Misdescription of beneficiary.
Section 57A-4A-208 - Misdescription of intermediary bank or beneficiary's bank.
Section 57A-4A-209 - Acceptance of payment order.
Section 57A-4A-210 - Rejection of payment order.
Section 57A-4A-211 - Cancellation and amendment of payment order.
Section 57A-4A-212 - Liability and duty of receiving bank regarding unaccepted payment order.
Section 57A-4A-301 - Execution and execution date.
Section 57A-4A-302 - Obligation of receiving bank in execution of payment order.
Section 57A-4A-303 - Erroneous execution of payment order.
Section 57A-4A-305 - Liability for late or improper execution or failure to execute payment order.
Section 57A-4A-401 - Payment date.
Section 57A-4A-402 - Obligation of sender to pay receiving bank.
Section 57A-4A-403 - Payment by sender to receiving bank.
Section 57A-4A-404 - Obligation of beneficiary's bank to pay and give notice to beneficiary.
Section 57A-4A-405 - Payment by beneficiary's bank to beneficiary.
Section 57A-4A-406 - Payment by originator to beneficiary--Discharge of underlying obligation.
Section 57A-4A-501 - Variation by agreement and effect of funds-transfer system rule.
Section 57A-4A-502 - Creditor process served on receiving bank--Setoff by beneficiary's bank.
Section 57A-4A-503 - Injunction or restraining order with respect to funds transfer.
Section 57A-4A-505 - Preclusion of objection to debit of customer's account.