Nevada § 104A.4302 - Obligation of receiving bank in execution of payment order

§ 104A.4302. Obligation of receiving bank in execution of payment order

1. Except as otherwise provided in subsections 2, 3 and 4, if the receiving bank accepts

a payment order pursuant to subsection 1 of NRS 104A.4209 , the bank has the following obligations in executing the order: (a) The receiving bank is obliged to issue, on the execution date, a payment order

complying with the sender's order and to follow the sender's instructions concerning

any intermediary bank or funds-transfer system to be used in carrying out the funds

transfer, or the means by which payment orders are to be transmitted in the funds

transfer. If the originator's bank issues a payment order to an intermediary bank, the originator's

bank is obliged to instruct the intermediary bank according to the instruction of

the originator. An intermediary bank in the funds transfer is similarly bound by an instruction given

to it by the sender of the payment order it accepts. (b) If the sender's instruction states that the funds transfer is to be carried out

telephonically or by wire transfer or otherwise indicates that the funds transfer

is to be carried out by the most expeditious means, the receiving bank is obliged

to transmit its payment order by the most expeditious available means, and to instruct

any intermediary bank accordingly. If a sender's instruction states a payment date, the receiving bank is obliged to

transmit its payment order at a time and by means reasonably necessary to allow payment

to the beneficiary on the payment date or as soon thereafter as is feasible. 2. Unless otherwise instructed, a receiving bank executing a payment order may use

any funds-transfer system if use of that system is reasonable in the circumstances,

and issue a payment order to the beneficiary's bank or to an intermediary bank through

which a payment order conforming to the sender's order can expeditiously be issued

to the beneficiary's bank if the receiving bank exercises ordinary care in the selection

of the intermediary bank. A receiving bank is not required to follow an instruction of the sender designating

a funds-transfer system to be used in carrying out the funds transfer if the receiving

bank, in good faith, determines that it is not feasible to follow the instruction

or that following the instruction would unduly delay completion of the funds transfer. 3. Unless paragraph (b) of subsection 1 applies or the receiving bank is otherwise

instructed, the bank may execute a payment order by transmitting its payment order

by first-class mail or by any means reasonable in the circumstances. If the receiving bank is instructed to execute the sender's order by transmitting

its payment order by a particular means, the receiving bank may issue its payment

order by the means stated or by any means as expeditious as the means stated. 4. Unless instructed by the sender: (a) The receiving bank may not obtain payment of its charges for services and expenses

in connection with the execution of the sender's order by issuing a payment order

in an amount equal to the amount of the sender's order less the amount of the charges;

and (b) May not instruct a subsequent receiving bank to obtain payment of its charges

in the same manner.