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(810 ILCS 5/Art.
4A heading)
ARTICLE
4A.
FUNDS
TRANSFERS
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(810 ILCS 5/Art.
4A Pt. 1 heading)
PART
1. SUBJECT MATTER AND DEFINITIONS
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(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.)
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(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.)
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(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
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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:
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(i)
the instruction does not state a condition
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to payment to the beneficiary other
than time of payment,
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(ii)
the receiving bank is to be reimbursed by
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debiting an account of, or otherwise
receiving payment from, the sender, and
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(iii)
the instruction is transmitted by the
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sender directly to the receiving bank
or to an agent, funds transfer system, or communication
system for transmittal to the receiving bank.
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(2) "Beneficiary" means
the person to be paid by the
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(3) "Beneficiary's
bank" means the bank identified
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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.
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(4) "Receiving
bank" means the bank to which the
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sender's instruction is addressed.
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(5) "Sender" means
the person giving the instruction
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(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.)
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(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.)
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(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
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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.
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(2) "Bank" means
a person engaged in the business of
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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.
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(3) "Customer" means
a person, including a bank,
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having an account with a bank or from
whom a bank has agreed to receive payment orders.
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(4) "Funds
transfer business day" of a receiving
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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.
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(5) "Funds
transfer system" means a wire transfer
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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.
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(6) "Good
faith" means honesty in fact and the
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observance of reasonable commercial
standards of fair dealing.
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(7) "Prove" with
respect to a fact means to meet the
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burden of establishing the fact (Section
1-201(8)).
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(b) Other definitions
applying to this Article and the Sections in which they
appear are:
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"Acceptance"
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Section
4A-209
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"Beneficiary"
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Section
4A-103
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"Beneficiary's
bank"
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Section
4A-103
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"Executed"
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Section
4A-301
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"Execution
date"
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Section
4A-301
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"Funds
transfer"
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Section
4A-104
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"Funds
transfer system rule"
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Section
4A-501
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"Intermediary
bank"
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Section
4A-104
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"Originator"
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Section
4A-104
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"Originator's
bank"
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Section
4A-104
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"Payment
by beneficiary's bank
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to
beneficiary"
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Section
4A-405
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"Payment
by originator to
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beneficiary"
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Section
4A-406
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"Payment
by sender
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to
receiving bank"
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Section
4A-403
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"Payment
date"
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Section
4A-401
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"Payment
order"
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Section
4A-103
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"Receiving
bank"
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Section
4A-103
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"Security
procedure"
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Section
4A-201
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"Sender"
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Section
4A-103
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(c) The following
definitions in Article 4 apply to this Article:
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"Clearing
house"
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Section
4-104
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"Item"
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Section
4-104
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"Suspends
payments"
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Section
4-104
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(d) In addition,
Article 1 contains general definitions and principles of
construction and interpretation applicable throughout this
Article.
(Source: P.A. 86-1291.)
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(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.)
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(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.)
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(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.)
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(810 ILCS 5/Art.
4A Pt. 2 heading)
PART
2. ISSUE AND ACCEPTANCE OF PAYMENT ORDER
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(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.)
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(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.)
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(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
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may limit the extent to which it is
entitled to enforce or retain payment of the payment
order.
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(2)
The receiving bank is not entitled to enforce or
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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.
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(b) This Section
applies to amendments of payment orders to the same extent
it applies to payment orders.
(Source: P.A. 86-1291.)
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