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4-4A-203. Unenforceability of certain verified payment orders.

Arkansas Code — all titles (historical 2020) · legal_authorities

4-4A-203. Unenforceability of certain verified payment orders.

4-4A-203. Unenforceability of certain verified payment orders. (a) If an accepted payment order is not, under § 4-4A-202(a), an authorized order of a customer identified as sender, but is effective as an order of the customer pursuant to § 4-4A-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: Arkansas Code — historical release 78 (November 6, 2020) · 4-4A-203

Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.

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Stable record: arkansas_code:legal_authorities:4-4A-203
Source file: gov.ar.code.title.04.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 7a11ebdf2727656dba96f80c07e74336ca617d2d4d19123dbc3e62d5009f86c4

Source location: content.xml paragraph 6159

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4-4A-203. Unenforceability of certain verified payment orders. (a) If an accepted payment order is not, under § 4-4A-202(a), an authorized order of a customer identified as sender, but is effective as an order of the customer pursuant to § 4-4A-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.

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