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#1907401 - 03/21/14 01:28 PM Stop payments initiated through internet banking
MTW75 Offline
Member
Joined: Apr 2007
Posts: 64
Lexington, Kentucky
If a bank accepts stop payment orders through internet banking would the customer's act of logging on to the website using their individual credentials satisfy UCC 4-403.b. that states "a stop payment order is effective for six months, but it lapses after 14 calendar days if the original order was oral and was not confirmed in a record within that period."?

I've always understood "in a record" to mean a written signature which, to me, an electronic website log-on would not satisfy. I'd appreciate any direction or comments on this issue.

Thanks
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#1907598 - 03/21/14 04:22 PM Re: Stop payments initiated through internet banking MTW75
John Burnett Offline
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John Burnett
Joined: Oct 2000
Posts: 40,086
Cape Cod
A "record" under the UCC is a defined term (assuming that in your state the use of "record" is backed up by including a definition of that term): "information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form."

To begin with, the 14-day lapse provision only applies if the stop order is made orally. An internet-based stop order is not oral. And if you receive an internet stop order, I think that it is probably recorded in some form that meets the definition of "record."

The 14-day lapse provision in your state's UCC (and others using that language) applies when a stop is made in an unrecorded telephone conversation or unrecorded in-person conversation.
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