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CHAPTER 810 UNIFORM COMMERCIAL CODE
Funds Transfers - Subject Matter and Definitions

.
 

 


 
    (810 ILCS 5/Art. 4A heading)

ARTICLE 4A.

FUNDS TRANSFERS




 
    (810 ILCS 5/Art. 4A Pt. 1 heading)

PART 1. SUBJECT MATTER AND DEFINITIONS



    (810 ILCS 5/4A-101) (from Ch. 26, par. 4A-101)
    Sec. 4A-101. Short title. This Article may be cited as Uniform Commercial Code-Funds Transfers.
(Source: P.A. 86-1291.)



    (810 ILCS 5/4A-102) (from Ch. 26, par. 4A-102)
    Sec. 4A-102. Subject matter. Except as otherwise provided in Section 4A-108, this Article applies to funds transfers defined in Section 4A-104.
(Source: P.A. 86-1291.)



    (810 ILCS 5/4A-103) (from Ch. 26, par. 4A-103)
    Sec. 4A-103. Payment order; definitions.
    (a) In this Article:
        (1) "Payment order" means an instruction of a sender

    

to a receiving bank, transmitted orally, electronically, or in writing, to pay, or to cause another bank to pay, a fixed or determinable amount of money to a beneficiary if:

            (i) the instruction does not state a condition

        

to payment to the beneficiary other than time of payment,

            (ii) the receiving bank is to be reimbursed by

        

debiting an account of, or otherwise receiving payment from, the sender, and

            (iii) the instruction is transmitted by the

        

sender directly to the receiving bank or to an agent, funds transfer system, or communication system for transmittal to the receiving bank.

        (2) "Beneficiary" means the person to be paid by the

    

beneficiary's bank.

        (3) "Beneficiary's bank" means the bank identified

    

in a payment order in which an account of the beneficiary is to be credited pursuant to the order or which otherwise is to make payment to the beneficiary if the order does not provide for payment to an account.

        (4) "Receiving bank" means the bank to which the

    

sender's instruction is addressed.

        (5) "Sender" means the person giving the instruction

    

to the receiving bank.

    (b) If an instruction complying with subsection (a)(1) is to make more than one payment to a beneficiary, the instruction is a separate payment order with respect to each payment.
    (c) A payment order is issued when it is sent to the receiving bank.
(Source: P.A. 86-1291.)



    (810 ILCS 5/4A-104) (from Ch. 26, par. 4A-104)
    Sec. 4A-104. Funds transfer; definitions. In this Article:
    (a) "Funds transfer" means the series of transactions, beginning with the originator's payment order, made for the purpose of making payment to the beneficiary of the order. The term includes any payment order issued by the originator's bank or an intermediary bank intended to carry out the originator's payment order. A funds transfer is completed by acceptance by the beneficiary's bank of a payment order for the benefit of the beneficiary of the originator's payment order.
    (b) "Intermediary bank" means a receiving bank other than the originator's bank or the beneficiary's bank.
    (c) "Originator" means the sender of the first payment order in a funds transfer.
    (d) "Originator's bank" means (i) the receiving bank to which the payment order of the originator is issued if the originator is not a bank, or (ii) the originator if the originator is a bank.
(Source: P.A. 86-1291.)



    (810 ILCS 5/4A-105) (from Ch. 26, par. 4A-105)
    Sec. 4A-105. Other definitions.
    (a) In this Article:
        (1) "Authorized account" means a deposit account of

    

a customer in a bank designated by the customer as a source of payment of payment orders issued by the customer to the bank. If a customer does not so designate an account, any account of the customer is an authorized account if payment of a payment order from that account is not inconsistent with a restriction on the use of that account.

        (2) "Bank" means a person engaged in the business of

    

banking and includes a savings bank, savings and loan association, credit union, and trust company. A branch or separate office of a bank is a separate bank for purposes of this Article.

        (3) "Customer" means a person, including a bank,

    

having an account with a bank or from whom a bank has agreed to receive payment orders.

        (4) "Funds transfer business day" of a receiving

    

bank means the part of a day during which the receiving bank is open for the receipt, processing, and transmittal of payment orders and cancellations and amendments of payment orders.

        (5) "Funds transfer system" means a wire transfer

    

network, automated clearinghouse, or other communication system of a clearing house or other association of banks through which a payment order by a bank may be transmitted to the bank to which the order is addressed.

        (6) "Good faith" means honesty in fact and the

    

observance of reasonable commercial standards of fair dealing.

        (7) "Prove" with respect to a fact means to meet the

    

burden of establishing the fact (Section 1-201(8)).

    (b) Other definitions applying to this Article and the Sections in which they appear are:

    "Acceptance"

Section 4A-209

    "Beneficiary"

Section 4A-103

    "Beneficiary's bank"

Section 4A-103

    "Executed"

Section 4A-301

    "Execution date"

Section 4A-301

    "Funds transfer"

Section 4A-104

    "Funds transfer system rule"

Section 4A-501

    "Intermediary bank"

Section 4A-104

    "Originator"

Section 4A-104

    "Originator's bank"

Section 4A-104

    "Payment by beneficiary's bank

 

        to beneficiary"

Section 4A-405

    "Payment by originator to

 

        beneficiary"

Section 4A-406

    "Payment by sender

 

        to receiving bank"

Section 4A-403

    "Payment date"

Section 4A-401

    "Payment order"

Section 4A-103

    "Receiving bank"

Section 4A-103

    "Security procedure"

Section 4A-201

    "Sender"

Section 4A-103

    (c) The following definitions in Article 4 apply to this Article:

    "Clearing house"

Section 4-104

    "Item"

Section 4-104

    "Suspends payments"

Section 4-104

    (d) In addition, Article 1 contains general definitions and principles of construction and interpretation applicable throughout this Article.
(Source: P.A. 86-1291.)



    (810 ILCS 5/4A-106) (from Ch. 26, par. 4A-106)
    Sec. 4A-106. Time payment order is received.
    (a) The time of receipt of a payment order or communication cancelling or amending a payment order is determined by the rules applicable to receipt of a notice stated in Section 1-201(27). A receiving bank may fix a cut-off time or times on a funds transfer business day for the receipt and processing of payment orders and communications cancelling or amending payment orders. Different cut-off times may apply to payment orders, cancellations, or amendments, or to different categories of payment orders, cancellations, or amendments. A cut-off time may apply to senders generally or different cut-off times may apply to different senders or categories of payment orders. If a payment order or communication cancelling or amending a payment order is received after the close of a funds transfer business day or after the appropriate cut-off time on a funds transfer business day, the receiving bank may treat the payment order or communication as received at the opening of the next funds transfer business day.
    (b) If this Article refers to an execution date or payment date or states a day on which a receiving bank is required to take action, and the date or day does not fall on a funds transfer business day, the next day that is a funds transfer business day is treated as the date or day stated, unless the contrary is stated in this Article.
(Source: P.A. 86-1291.)



    (810 ILCS 5/4A-107) (from Ch. 26, par. 4A-107)
    Sec. 4A-107. Federal Reserve regulations and operating circulars. Regulations of the Board of Governors of the Federal Reserve System and operating circulars of the Federal Reserve Banks supersede any inconsistent provision of this Article to the extent of the inconsistency.
(Source: P.A. 86-1291.)



    (810 ILCS 5/4A-108) (from Ch. 26, par. 4A-108)
    Sec. 4A-108. Exclusion of consumer transactions governed by federal law. This Article does not apply to a funds transfer any part of which is governed by the Electronic Fund Transfer Act of 1978 (Title XX, Public Law 95-630, 92 Stat. 3728, 15 U.S.C. Section 1693 et seq.) as amended from time to time.
(Source: P.A. 86-1291.)




 
    (810 ILCS 5/Art. 4A Pt. 2 heading)

PART 2. ISSUE AND ACCEPTANCE OF PAYMENT ORDER



    (810 ILCS 5/4A-201) (from Ch. 26, par. 4A-201)
    Sec. 4A-201. Security procedure. "Security procedure" means a procedure established by agreement of a customer and a receiving bank for the purpose of (i) verifying that a payment order or communication amending or cancelling a payment order is that of the customer, or (ii) detecting error in the transmission or the content of the payment order or communication. A security procedure may require the use of algorithms or other codes, identifying words or numbers, encryption, callback procedures, or similar security devices. Comparison of a signature on a payment order or communication with an authorized specimen signature of the customer is not by itself a security procedure.
(Source: P.A. 86-1291.)



    (810 ILCS 5/4A-202) (from Ch. 26, par. 4A-202)
    Sec. 4A-202. Authorized and verified payment orders.
    (a) A payment order received by the receiving bank is the authorized order of the person identified as sender if that person authorized the order or is otherwise bound by it under the law of agency.
    (b) If a bank and its customer have agreed that the authenticity of payment orders issued to the bank in the name of the customer as sender will be verified pursuant to a security procedure, a payment order received by the receiving bank is effective as the order of the customer, whether or not authorized, if (i) the security procedure is a commercially reasonable method of providing security against unauthorized payment orders, and (ii) the bank proves that it accepted the payment order in good faith and in compliance with the security procedure and any written agreement or instruction of the customer restricting acceptance of payment orders issued in the name of the customer. The bank is not required to follow an instruction that violates a written agreement with the customer or notice of which is not received at a time and in a manner affording the bank a reasonable opportunity to act on it before the payment order is accepted.
    (c) Commercial reasonableness of a security procedure is a question of law to be determined by considering the wishes of the customer expressed to the bank, the circumstances of the customer known to the bank, including the size, type, and frequency of payment orders normally issued by the customer to the bank, alternative security procedures offered to the customer, and security procedures in general use by customers and receiving banks similarly situated. A security procedure is deemed to be commercially reasonable if (i) the security procedure was chosen by the customer after the bank offered, and the customer refused, a security procedure that was commercially reasonable for that customer, and (ii) the customer expressly agreed in writing to be bound by any payment order, whether or not authorized, issued in its name and accepted by the bank in compliance with the security procedure chosen by the customer.
    (d) The term "sender" in this Article includes the customer in whose name a payment order is issued if the order is the authorized order of the customer under subsection (a), or it is effective as the order of the customer under subsection (b).
    (e) This Section applies to amendments and cancellations of payment orders to the same extent it applies to payment orders.
    (f) Except as provided in this Section and in Section 4A-203(a)(1), rights and obligations arising under this Section or Section 4A-203 may not be varied by agreement.
(Source: P.A. 86-1291.)



    (810 ILCS 5/4A-203) (from Ch. 26, par. 4A-203)
    Sec. 4A-203. Unenforceability of certain verified payment orders.
    (a) If an accepted payment order is not, under Section 4A-202(a), an authorized order of a customer identified as sender, but is effective as an order of the customer pursuant to Section 4A-202(b), 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.

        (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 (i) entrusted at any time with duties to act for the customer with respect to payment orders or the security procedure, or (ii) 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.
(Source: P.A. 86-1291.)