410.507 Choice of law.
(1) The following rules apply unless the affected parties otherwise agree or sub. (3) applies:
(a) 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.
(b) 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.
(c) 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.
(2) If the parties described in each paragraph of sub. (1) 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.
(3)
(a) A funds-transfer system rule may select the law of a particular jurisdiction to govern any of the following:
1. Rights and obligations between participating banks with respect to payment orders transmitted or processed through the system.
2. Rights and obligations of some or all parties to a funds transfer any part of which is carried out by means of the system.
(b) A choice of law made pursuant to par. (a) 1. is binding on participating banks. A choice of law made pursuant to par. (a) 2. 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.
(4) In the event of inconsistency between an agreement under sub. (2) and a choice-of-law rule under sub. (3), the agreement under sub. (2) prevails.
(5) 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.
History: 1991 a. 304.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 410 - Uniform commercial code — funds transfers.
410.103 - Payment order; definitions.
410.104 - Funds transfer; definitions.
410.106 - Time payment order is received.
410.107 - Federal reserve regulations and operating circulars.
410.108 - Relationship to Electronic Fund Transfer Act.
410.202 - Authorized and verified payment orders.
410.203 - Unenforceability of certain verified payment orders.
410.205 - Erroneous payment orders.
410.206 - Transmission of payment order through funds-transfer or other communication system.
410.207 - Misdescription of beneficiary.
410.208 - Misdescription of intermediary bank or beneficiary's bank.
410.209 - Acceptance of payment order.
410.210 - Rejection of payment order.
410.211 - Cancellation and amendment of payment order.
410.212 - Liability and duty of receiving bank regarding unaccepted payment order.
410.301 - Execution and execution date.
410.302 - Obligations of receiving bank in execution of payment order.
410.303 - Erroneous execution of payment order.
410.304 - Duty of sender to report erroneously executed payment order.
410.305 - Liability for late or improper execution or failure to execute payment order.
410.402 - Obligation of sender to pay receiving bank.
410.403 - Payment by sender to receiving bank.
410.404 - Obligation of beneficiary's bank to pay and give notice to beneficiary.
410.405 - Payment by beneficiary's bank to beneficiary.
410.406 - Payment by originator to beneficiary; discharge of underlying obligation.
410.501 - Variation by agreement and effect of funds-transfer system rule.
410.502 - Creditor process served on receiving bank; setoff by beneficiary's bank.
410.503 - Injunction or restraining order with respect to funds transfer.
410.505 - Preclusion of objection to debit of customer's account.