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#599334 - 08/15/06 05:04 PM Incoming Wire Notification.
complianceman Offline
Platinum Poster
complianceman
Joined: Mar 2005
Posts: 687
New Albany, IN
With respect to California law, would anyone happen to have the link or citation that speaks to sending out notice to a customer for an incoming wire?
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The opinion stated here is what it is, My Opinion.

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#599335 - 08/30/06 04:34 PM Re: Incoming Wire Notification.
SJB Offline
Diamond Poster
SJB
Joined: Jun 2002
Posts: 1,210
California
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My opinions are not legal advice and are worth what you paid for them.

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#599336 - 08/30/06 05:49 PM Re: Incoming Wire Notification.
Happy Trails Offline
Member
Joined: Jun 2003
Posts: 54
Northern Calif
Steve,
I wanted to see and read the link, but I get a blank page when I click on it. Can you check it out again. Thanks.

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#599337 - 08/30/06 11:04 PM Re: Incoming Wire Notification.
SJB Offline
Diamond Poster
SJB
Joined: Jun 2002
Posts: 1,210
California
Sorry - linky didn't work for me either!

Here is the text:

11404. (a) Subject to subdivision (e) of Section 11211, and
subdivisions (d) and (e) of Section 11405, if a beneficiary's bank
accepts a payment order, the bank is obliged to pay the amount of the
order to the beneficiary of the order. Payment is due on the
payment date of the order, but if acceptance occurs on the payment
date after the close of the funds-transfer business day of the bank,
payment is due on the next funds-transfer business day. If the bank
refuses to pay after demand by the beneficiary and receipt of notice
of particular circumstances that will give rise to consequential
damages as a result of nonpayment, the beneficiary may recover
damages resulting from the refusal to pay to the extent the bank had
notice of the damages, unless the bank proves that it did not pay
because of a reasonable doubt concerning the right of the beneficiary
to payment.
(b) If a payment order accepted by the beneficiary's bank
instructs payment to an account of the beneficiary, the bank is
obliged to notify the beneficiary of receipt of the order before
midnight of the next funds-transfer business day following the
payment date. If the payment order does not instruct payment to an
account of the beneficiary, the bank is required to notify the
beneficiary only if notice is required by the order. Notice may be
given by first-class mail or any other means reasonable in the
circumstances. If the bank fails to give the required notice, the
bank is obliged to pay interest to the beneficiary on the amount of
the payment order from the day notice should have been given until
the day the beneficiary learned of receipt of the payment order by
the bank. No other damages are recoverable. Reasonable attorney's
fees are also recoverable if demand for interest is made and refused
before an action is brought on the claim.
(c) The right of a beneficiary to receive payment and damages as
stated in subdivision (a) may not be varied by agreement or a
funds-transfer system rule. The right of a beneficiary to be
notified as stated in subdivision (b) may be varied by agreement of
the beneficiary or by a funds-transfer system rule if the beneficiary
is notified of the rule before initiation of the funds transfer.
_________________________
My opinions are not legal advice and are worth what you paid for them.

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