(a) If an accepted payment order is not, under subsection (a), section two hundred two of this article, an authorized order of a customer identified as sender, but is effective as an order of the customer pursuant to subsection (b), section two hundred two of this article, the following rules apply:
(1) 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; or
(2) 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 (A) entrusted at any time with duties to act for the customer with respect to payment orders or the security procedure or (B) who obtained access to transmitting facilities of the customer or 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.
(b) This section applies to amendments of payment orders to the same extent it applies to payment orders.
Structure West Virginia Code
Chapter 46. Uniform Commercial Code
§46-4A-103. Payment Order -- Definitions
§46-4A-104. Funds Transfer -- Definitions
§46-4A–106. Time Payment Order Is Received
§46-4A-107. Federal Reserve Regulations and Operating Circulars
§46-4A-108. Relationship to Electronic Fund Transfer Act
§46-4A-201. Security Procedure
§46-4A-202. Authorized and Verified Payment Orders
§46-4A-203. Unenforceability of Certain Verified Payment Orders
§46-4A-205. Erroneous Payment Orders
§46-4A-206. Transmission of Payment Order Through Funds Transfer or Other Communication System
§46-4A-207. Misdescription of Beneficiary
§46-4A-208. Misdescription of Intermediary Bank or Beneficiary's Bank
§46-4A-209. Acceptance of Payment Order
§46-4A-210. Rejection of Payment Order
§46-4A-211. Cancellation and Amendment of Payment Order
§46-4A-212. Liability and Duty of Receiving Bank Regarding Unaccepted Payment Order
§46-4A-301. Execution and Execution Date
§46-4A-302. Obligations of Receiving Bank in Execution of Payment Order
§46-4A-303. Erroneous Execution of Payment Order
§46-4A-304. Duty of Sender to Report Erroneously Executed Payment Order
§46-4A-305. Liability for Late or Improper Execution or Failure to Execute Payment Order
§46-4A-402. Obligation of Sender to Pay Receiving Bank
§46-4A-403. Payment by Sender to Receiving Bank
§46-4A-404. Obligation of Beneficiary's Bank to Pay and Give Notice to Beneficiary
§46-4A-405. Payment by Beneficiary's Bank to Beneficiary
§46-4A-406. Payment by Originator to Beneficiary; Discharge of Underlying Obligation
§46-4A-501. Variation by Agreement and Effect of Funds-Transfer System Rule
§46-4A-502. Creditor Process Served on Receiving Bank; Setoff by Beneficiary's Bank
§46-4A-503. Injunction or Restraining Order With Respect to Funds Transfer
§46-4A-505. Preclusion of Objection to Debit of Customer's Account