Okla. Stat. tit. 12A § 4A-212

Current through Laws 2024, c. 453.
Section 4A-212 - Liability and duty of receiving bank regarding unaccepted payment

If a receiving bank fails to accept a payment order that it is obliged by express agreement to accept, the bank is liable for breach of the agreement to the extent provided in the agreement or in this Article, but does not otherwise have any duty to accept a payment order or, before acceptance, to take any action, or refrain from taking action, with respect to the order except as provided in this Article or by express agreement. Liability based on acceptance arises only when acceptance occurs as stated in Section 17 of this act, and liability is limited to that provided in this Article. A receiving bank is not the agent of the sender or beneficiary of the payment order it accepts, or of any other party to the funds transfer, and the bank owes no duty to any party to the funds transfer except as provided in this Article or by express agreement.

Okla. Stat. tit. 12A, § 4A-212

Added by Laws 1990, SB 641, c. 110, § 20, eff. 7/1/1991.

Oklahoma Code Comment

Normally, a bank has no obligation to accept a payment order. However, a bank may become obligated by express agreement to accept one. If it does so it is liable for breach of that agreement to the extent provided in the agreement or in Article 4A. In a funds transfer, a receiving bank is not the agent of any party to the funds transfer. It owes no duty to any party. See the discussion of the Securities Funds Services case in the introductory comment on this point. A bank can expressly agree to be an agent or to assume liability. Both agreements authorized by this section increase the bank's liability. Before entering into such an agreement, the bank should price its services according to the increased risk.