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Cancellation and amendment of payment order - 13 Pa. Cons. Stat. § 4A211Legal Research Home > Pennsylvania Statutes
§ 4A211. Cancellation and amendment of payment order.
(a) Communication.--A communication of the sender of a
payment order canceling or amending the order may be transmitted
to the receiving bank orally, electronically or in writing. If a
security procedure is in effect between the sender and the
receiving bank, the communication is not effective to cancel or
amend the order unless the communication is verified pursuant to
the security procedure or the bank agrees to the cancellation or
amendment.
(b) Communication received before payment order accepted.--
Subject to subsection (a), a communication by the sender
canceling or amending a payment order is effective to cancel or
amend the order if notice of the communication is received at a
time and in a manner affording the receiving bank a reasonable
opportunity to act on the communication before the bank accepts
the payment order.
(c) Communication received after payment order accepted.--
After a payment order has been accepted, cancellation or
amendment of the order is not effective unless the receiving
bank agrees or a funds-transfer system rule allows cancellation
or amendment without agreement of the bank:
(1) With respect to a payment order accepted by a
receiving bank other than the beneficiary's bank,
cancellation or amendment is not effective unless a
conforming cancellation or amendment of the payment order
issued by the receiving bank is also made.
(2) With respect to a payment order accepted by the
beneficiary's bank, cancellation or amendment is not
effective unless the order was issued in execution of an
unauthorized payment order or because of a mistake by a
sender in the funds transfer which resulted in the issuance
of a payment order:
(i) that is a duplicate of a payment order
previously issued by the sender;
(ii) that orders payment to a beneficiary not
entitled to receive payment from the originator; or
(iii) that orders payment in an amount greater than
the amount the beneficiary was entitled to receive from
the originator.
If the payment order is canceled or amended, the
beneficiary's 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.
(d) When unaccepted payment order canceled by operation of
law.--An unaccepted payment order is canceled by operation of
law at the close of the fifth funds-transfer business day of the
receiving bank after the execution date or payment date of the
order.
(e) Canceled payment order.--A canceled payment order cannot
be accepted. If an accepted payment order is canceled, the
acceptance is nullified and no person has any right or
obligation based on the acceptance. Amendment of a payment order
is deemed to be cancellation of the original order at the time
of amendment and issue of a new payment order in the amended
form at the same time.
(f) Liability of sender.--Unless otherwise provided in an
agreement of the parties or in a funds-transfer system rule, if
the receiving bank, after accepting a payment order, agrees to
cancellation or amendment of the order by the sender or is bound
by a funds-transfer system rule allowing cancellation or
amendment without the bank's agreement, the sender, whether or
not cancellation or amendment is effective, is liable to the
bank for any loss and expenses, including reasonable attorney
fees, incurred by the bank as a result of the cancellation or
amendment or attempted cancellation or amendment.
(g) When payment order revoked by death or incompetency.--A
payment order is not revoked by the death or incompetency of the
sender unless the receiving bank knows of the death or of an
adjudication of incompetency under 20 Pa.C.S. Ch. 55 (relating
to incapacitated persons) and has reasonable opportunity to act
before acceptance of the order.
(h) When funds-transfer system rule not effective.--A funds-
transfer system rule is not effective to the extent it conflicts
with subsection (c)(2).
Cross References. Section 4A211 is referred to in sections
4A209, 4A210, 4A404, 4A406 of this title.
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Last modified: November 27, 2007 |
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