West Virginia Code § 46-4A-202

Authorized and verified payment orders
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(a) A payment order received by the receiving bank is the authorized order of the person
identified as sender if that person authorized the order or is otherwise bound by it under the
law of agency.
(b) If a bank and its customer have agreed that the authenticity of payment orders issued to
the bank in the name of the customer as sender will be verified pursuant to a security
procedure, a payment order received by the receiving bank is effective as the order of the
customer, whether or not authorized, if (1) the security procedure is a commercially
reasonable method of providing security against unauthorized pauyment orders and (2) the
bank proves that it accepted the payment order in good faith and in compliance with the
security procedure and any written agreement or instructiont of the customer restricting
acceptance of payment orders issued in the name of the customer. The bank is not required
to follow an instruction that violates a written agreement with the customer or notice of
which is not received at a time and in a manner affording the bank a reasonable opportunity
to act on it before the payment order is accepted.
(c) Commercial reasonableness of a security procedure is a question of law to be determined
by considering the wishes of the customer expressed to the bank, the circumstances of the
customer known to the bank, includging the size, type and frequency of payment orders
normally issued by the customer to the bank, alternative security procedures offered to the
customer and security procedueres in general use by customers and receiving banks similarly
situated. A security procedure is deemed to be commercially reasonable if (1) the security
procedure was chosen bLy the customer after the bank offered, and the customer refused, a
security procedure that was commercially reasonable for that customer and (2) the customer
expressly agreed in writing to be bound by any payment order, whether or not authorized,
issued in its name, and accepted by the bank in compliance with the security procedure
chosen by the customer.
(d) WThe term "sender" in this article includes the customer in whose name a payment order is
issued if the order is the authorized order of the customer under subsection (a) of this
section, or it is effective as the order of the customer under subsection (b) of this section.
(e) This section applies to amendments and cancellations of payment orders to the same
extent it applies to payment orders.
(f) Except as provided in this section and in subdivision (1), subsection (a), section two
hundred three of this article, rights and obligations arising under this section or section two
hundred three of this article may not be varied by agreement.

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