619 sections in this chapter.
W. Va. Code § 46-4A-204 Refund of payment and duty of customer to report with respect to unauthorized payment order
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(a) If a receiving bank accepts a payment order issued in the name of its customer as sender which is: (1) Not authorized and not effective as the order of the customer under §46-4A-202; or (2) not enforceable, in whole or in part, against the customer under §46-4A-203, the bank …
W. Va. Code § 46-4-205 Depositary bank holder of unindorsed item
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If a customer delivers an item to a depositary bank for collection: (1) The depositary bank becomes a holder of the item at the time it receives the item for collection if the customer at the time of delivery was a holder of the item, whether or not the customer indorses the item…
W. Va. Code § 46-4A-205 Erroneous payment orders
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(a) (1) If an accepted payment order was transmitted pursuant to a security procedure for the detection of error and the payment order (A) erroneously instructed payment to a beneficiary not intended by the sender, (B) erroneously instructed payment in an amount greater than the …
W. Va. Code § 46-4-206 Transfer between banks
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Any agreed method that identifies the transferor bank is sufficient for the item's further transfer to another bank.
W. Va. Code § 46-4A-206 Transmission of payment order through funds transfer or other communication system
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(a) If a payment order addressed to a receiving bank is transmitted to a funds-transfer system or other third-party communication system for transmittal to the bank, the system is deemed to be an agent of the sender for the purpose of transmitting the payment order to the bank. I…
W. Va. Code § 46-4A-207 Misdescription of beneficiary
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(a) Subject to subsection (b) of this section, if, in a payment order received by the beneficiary's bank, the name, bank account number or other identification of the beneficiary refers to a nonexistent or unidentifiable person or account, no person has rights as a beneficiary of…
W. Va. Code § 46-4-207 Transfer warranties
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(a) A customer or collecting bank that transfers an item and receives a settlement or other consideration warrants to the transferee and to any subsequent collecting bank that: (1) The warrantor is a person entitled to enforce the item; (2) All signatures on the item are authenti…
W. Va. Code § 46-4-208 Presentment warranties
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(a) If an unaccepted draft is presented to the drawee for payment or acceptance and the drawee pays or accepts the draft, (i) the person obtaining payment or acceptance, at the time of presentment and (ii) a previous transferor of the draft, at the time of transfer, warrant to th…
W. Va. Code § 46-4A-208 Misdescription of intermediary bank or beneficiary's bank
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(a) This subsection applies to a payment order identifying an intermediary bank or beneficiary's bank only by an identifying number. (1) The receiving bank may rely on the number as the proper identification of the intermediary or beneficiary's bank and need not determine whether…
W. Va. Code § 46-4-209 Encoding and retention warranties
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(a) A person who encodes information on or with respect to an item after issue warrants to any subsequent collecting bank and to the payor bank or other payor that the information is correctly encoded. If the customer of a depositary bank encodes, that bank also makes the warrant…
W. Va. Code § 46-4A-209 Acceptance of payment order
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(a) Subject to subsection (d) of this section, a receiving bank other than the beneficiary's bank accepts a payment order when it executes the order. (b) Subject to subsections (c) and (d) of this section, a beneficiary's bank accepts a payment order at the earliest of the follow…
W. Va. Code § 46-4-210 Security interest of collecting bank in items, accompanying documents and proceeds
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(a) A collecting bank has a security interest in an item and any accompanying documents or the proceeds of either: (1) In case of an item deposited in an account, to the extent to which credit given for the item has been withdrawn or applied; (2) In case of an item for which it h…
W. Va. Code § 46-4A-210 Rejection of payment order
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(a) A payment order is rejected by the receiving bank by a notice of rejection transmitted to the sender orally, electronically or in writing. A notice of rejection need not use any particular words and is sufficient if it indicates that the receiving bank is rejecting the order …
W. Va. Code § 46-4-211 When bank gives value for purposes of holder in due course
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For purposes of determining its status as a holder in due course, a bank has given value to the extent it has a security interest in an item, if the bank otherwise complies with the requirements of section 3-302 on what constitutes a holder in due course.
W. Va. Code § 46-4A-211 Cancellation and amendment of payment order
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(a) A communication of the sender of a payment order cancelling or amending the order may be transmitted to the receiving bank orally, electronically or in writing. If a security procedure is in effect between the sender and the receiving bank, the communication is not effective …
W. Va. Code § 46-4A-212 Liability and duty of receiving bank regarding unaccepted payment order
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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, bef…
W. Va. Code § 46-4-212 Presentment by notice of item not payable by, through or at a bank; liability of drawer or indorser
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(a) Unless otherwise instructed, a collecting bank may present an item not payable by, through, or at a bank by sending to the party to accept or pay a written notice that the bank holds the item for acceptance or payment. The notice must be sent in time to be received on or befo…
W. Va. Code § 46-4-213 Medium and time of settlement by bank
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(a) With respect to settlement by a bank, the medium and time of settlement may be prescribed by federal reserve regulations or circulars, clearing-house rules, and the like, or agreement. In the absence of such prescription: (1) The medium of settlement is cash or credit to an a…
W. Va. Code § 46-4-214 Right of charge-back or refund; liability of collecting bank; return of item
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(a) If a collecting bank has made provisional settlement with its customer for an item and fails by reason of dishonor, suspension of payments by a bank or otherwise to receive settlement for the item which is or becomes final, the bank may revoke the settlement given by it, char…
W. Va. Code § 46-4-215 Final payment of item by payor bank; when provisional debits and credits become final; when certain credits become available for withdrawal
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(a) An item is finally paid by a payor bank when the bank has first done any of the following: (1) Paid the item in cash; (2) Settled for the item without having a right to revoke the settlement under statute, clearing-house rule or agreement; or (3) Made a provisional settlement…
W. Va. Code § 46-4-216 Insolvency and preference
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(a) If an item is in or comes into the possession of a payor or collecting bank that suspends payment and the item has not been finally paid, the item must be returned by the receiver, trustee or agent in charge of the closed bank to the presenting bank or the closed bank's custo…
W. Va. Code § 46-4A-301 Execution and execution date
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(a) A payment order is "executed" by the receiving bank when it issues a payment order intended to carry out the payment order received by the bank. A payment order received by the beneficiary's bank can be accepted but cannot be executed. (b) "Execution date" of a payment order …
W. Va. Code § 46-4-301 Deferred posting; recovery of payment by return of items; time of dishonor; return of items by payor bank
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(a) If a payor bank settles for a demand item (other than a documentary draft) presented otherwise than for immediate payment over the counter before midnight of the banking day of receipt, the payor bank may revoke the settlement and recover the settlement if, before it has made…
W. Va. Code § 46-4A-302 Obligations of receiving bank in execution of payment order
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(a) Except as provided in subsections (b) through (d) of this section, if the receiving bank accepts a payment order pursuant to subsection (a), section two hundred nine of this article, the bank has the following obligations in executing the order: (1) The receiving bank is obli…
W. Va. Code § 46-4-302 Payor bank's responsibility for late return of item
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(a) If an item is presented to and received by a payor bank, the bank is accountable for the amount of: (1) A demand item, other than a documentary draft, whether properly payable or not, if the bank, in any case in which it is not also the depositary bank, retains the item beyon…
W. Va. Code § 46-4-303 When items subject to notice, stop-payment order, legal process, or setoff; order in which items may be charged or certified
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(a) Any knowledge, notice, or stop-payment order received by, legal process served upon, or setoff exercised by a payor bank comes too late to terminate, suspend, or modify the bank's right or duty to pay an item or to charge its customer's account for the item if the knowledge, …
W. Va. Code § 46-4A-303 Erroneous execution of payment order
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(a) A receiving bank that (1) executes the payment order of the sender by issuing a payment order in an amount greater than the amount of the sender's order or (2) issues a payment order in execution of the sender's order and then issues a duplicate order, is entitled to payment …
W. Va. Code § 46-4A-304 Duty of sender to report erroneously executed payment order
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If the sender of a payment order that is erroneously executed as stated in section three hundred three of this article receives notification from the receiving bank that the order was executed or that the sender's account was debited with respect to the order, the sender has a du…
W. Va. Code § 46-4A-305 Liability for late or improper execution or failure to execute payment order
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(a) If a funds transfer is completed but execution of a payment order by the receiving bank in breach of section three hundred two of this article results in delay in payment to the beneficiary, the bank is obliged to pay interest to either the originator or the beneficiary of th…
W. Va. Code § 46-4A-401 Payment date
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"Payment date" of a payment order means the day on which the amount of the order is payable to the beneficiary by the beneficiary's bank. The payment date may be determined by instruction of the sender but cannot be earlier than the day the order is received by the beneficiary's …
W. Va. Code § 46-4-401 When bank may charge customer's account
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(a) A bank may charge against the account of a customer an item that is properly payable from that account even though the charge creates an overdraft. An item is properly payable if it is authorized by the customer and is in accordance with any agreement between the customer and…
W. Va. Code § 46-4A-402 Obligation of sender to pay receiving bank
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(a) This section is subject to sections two hundred five and two hundred seven of this article. (b) With respect to a payment order issued to the beneficiary's bank, acceptance of the order by the bank obliges the sender to pay the bank the amount of the order, but payment is not…
W. Va. Code § 46-4-402 Bank's liability to customer for wrongful dishonor; time of determining insufficiency of account
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(a) Except as otherwise provided in this article, a payor bank wrongfully dishonors an item if it dishonors an item that is properly payable, but a bank may dishonor an item that would create an overdraft unless it has agreed to pay the overdraft. (b) A payor bank is liable to it…
W. Va. Code § 46-4A-403 Payment by sender to receiving bank
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(a) Payment of the sender's obligation under section four hundred two of this article to pay the receiving bank occurs as follows: (1) If the sender is a bank, payment occurs when the receiving bank receives final settlement of the obligation through a federal reserve bank or thr…
W. Va. Code § 46-4-403 Customer's right to stop payment; burden of proof of loss
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(a) A customer or any person authorized to draw on the account if there is more than one person may stop payment of any item drawn on the customer's account or close the account by an order to the bank describing the item or account with reasonable certainty received at a time an…
W. Va. Code § 46-4-404 Bank not obligated to pay check more than six months old
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A bank is under no obligation to a customer having a checking account to pay a check, other than a certified check, which is presented more than six months after its date, but it may charge its customer's account for a payment made thereafter in good faith.
W. Va. Code § 46-4A-404 Obligation of beneficiary's bank to pay and give notice to beneficiary
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(a) Subject to subsection (e), section two hundred eleven, subsection (d), section four hundred five, and subsection (e), section four hundred five of this article, if a beneficiary's bank accepts a payment order, the bank is obliged to pay the amount of the order to the benefici…
W. Va. Code § 46-4-405 Death or incompetence of customer
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(a) A payor or collecting bank's authority to accept, pay or collect an item or to account for proceeds of its collection, if otherwise effective, is not rendered ineffective by incompetence of a customer of either bank existing at the time the item is issued or its collection is…
W. Va. Code § 46-4A-405 Payment by beneficiary's bank to beneficiary
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(a) If the beneficiary's bank credits an account of the beneficiary of a payment order, payment of the bank's obligation under subsection (a), section four hundred four of this article occurs when and to the extent (1) the beneficiary is notified of the right to withdraw the cred…
W. Va. Code § 46-4-406 Customer's duty to discover and report unauthorized signature or alteration
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(a) A bank that sends or makes available to a customer a statement of account showing payment of items for the account shall either return or make available to the customer the items paid or provide information in the statement of account sufficient to allow the customer reasonab…
W. Va. Code § 46-4A-406 Payment by originator to beneficiary; discharge of underlying obligation
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(a) Subject to subsection (e), section two hundred eleven, subsection (d), section four hundred five, and subsection (e), section four hundred five of this article, the originator of a funds transfer pays the beneficiary of the originator's payment order (1) at the time a payment…
W. Va. Code § 46-4-407 Payor bank's right to subrogation on improper payment
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If a payor bank has paid an item over the order of the drawer or maker to stop payment, or after an account has been closed, or otherwise under circumstances giving a basis for objection by the drawer or maker, to prevent unjust enrichment and only to the extent necessary to prev…
W. Va. Code § 46-4-501 Handling of documentary drafts; duty to send for presentment and to notify customer of dishonor
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A bank that takes a documentary draft for collection shall present or send the draft and accompanying documents for presentment and, upon learning that the draft has not been paid or accepted in due course, shall seasonably notify its customer of the fact even though it may have …
W. Va. Code § 46-4A-501 Variation by agreement and effect of funds-transfer system rule
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(a) Except as otherwise provided in this article, the rights and obligations of a party to a funds transfer may be varied by agreement of the affected party. (b) "Funds-transfer system rule" means a rule of an association of banks, (1) governing transmission of payment orders by …
W. Va. Code § 46-4A-502 Creditor process served on receiving bank; setoff by beneficiary's bank
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(a) As used in this section, "creditor process" means levy, attachment, garnishment, notice of lien, sequestration or similar process issued by or on behalf of a creditor or other claimant with respect to an account. (b) This subsection applies to creditor process with respect to…
W. Va. Code § 46-4-502 Presentment of "on arrival" drafts
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If a draft or the relevant instructions require presentment "on arrival," "when goods arrive" or the like, the collecting bank need not present until in its judgment a reasonable time for arrival of the goods has expired. Refusal to pay or accept because the goods have not arrive…
W. Va. Code § 46-4A-503 Injunction or restraining order with respect to funds transfer
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For proper cause and in compliance with applicable law, a court may restrain (1) a person from issuing a payment order to initiate a funds transfer, (2) an originator's bank from executing the payment order of the originator or (3) the beneficiary's bank from releasing funds to t…
W. Va. Code § 46-4-503 Responsibility of presenting bank for documents and goods; report of reasons for dishonor; referee in case of need
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Unless otherwise instructed and except as provided in article five a bank presenting a documentary draft: (1) Must deliver the documents to the drawee on acceptance of the draft if it is payable more than three days after presentment; otherwise, only on payment; and (2) Upon dish…
W. Va. Code § 46-4A-504 Order in which items and payment orders may be charged to account; order of withdrawals from account
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(a) If a receiving bank has received more than one payment order of the sender or one or more payment orders and other items that are payable from the sender's account, the bank may charge the sender's account with respect to the various orders and items in any sequence. (b) In d…
W. Va. Code § 46-4-504 Privilege of presenting bank to deal with goods; security interest for expenses
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(a) A presenting bank that, following the dishonor of a documentary draft, has seasonably requested instructions but does not receive them within a reasonable time may store, sell, or otherwise deal with the goods in any reasonable manner. (b) For its reasonable expenses incurred…