West Virginia 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 obliged to issue, on the execution date, a payment order complying
with the sender's order and to follow the sender's instructions concerning (A) any
intermediary bank or funds-transfer system to be used in carrying out the funds transfer or
(B) 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 banuk, 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 byt an instruction given to it by the
sender of the payment order it accepts; and
(2) 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 lfunds transfer is to be carried out by the
most expeditious means, the receiving bank iss 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 meagns reasonably necessary to allow payment to the
beneficiary on the payment date or as soon thereafter as is feasible.
(b) Unless otherwise instructed, a receiving bank executing a payment order may (1) use any
funds-transfer system if use of that system is reasonable in the circumstances and (2) 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
recWeiving 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.
(c) Unless subdivision (2), subsection (a) 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.
(d) Unless instructed by the sender, (1) 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 (2) may not instruct a subsequent receiving bank to obtain
payment of its charges in the same manner.

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