(1) Except as provided in subsections (2)
through (4) of this section, if the receiving bank accepts a
payment order pursuant to RCW 62A.4A-209(1), 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 (i) any intermediary
bank or funds-transfer system to be used in carrying out the
funds transfer, or (ii) 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 (a) use any funds-transfer system if use of
that system is reasonable in the circumstances, and (b) 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 subsection (1)(b) of this section 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.
[1991 sp.s. c 21 § 4A-302.]