West Virginia 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
beneficiary of the order. Payment is due on the payment date of the order, but if acceptance
occurs on the payment date after the close of the funds-transfer business daey of the bank,
payment is due on the next funds-transfer business day. If the bank refuses to pay after
demand by the beneficiary and receipt of notice of particular circumstarnces that will give
rise to consequential damages as a result of nonpayment, the beneficiary may recover
damages resulting from the refusal to pay to the extent the bank had notice of the damages,
unless the bank proves that it did not pay because of a reasonable doubt concerning the
right of the beneficiary to payment. t
(b) If a payment order accepted by the beneficiary's bank instructs payment to an account of
the beneficiary, the bank is obliged to notify the beneficiary of receipt of the order before
midnight of the next funds-transfer business day following the payment date. If the payment
order does not instruct payment to an accounst of the beneficiary, the bank is required to
notify the beneficiary only if notice is required by the order. Notice may be given by first
class mail or any other means reasonable in the circumstances. If the bank fails to give the
required notice, the bank is obliged gto pay interest to the beneficiary on the amount of the
payment order from the day notice should have been given until the day the beneficiary
learned of receipt of the paymeent order by the bank. No other damages are recoverable.
Reasonable attorney's fees are also recoverable if demand for interest is made and refused
before an action is brouLght on the claim.
(c) The right of a beneficiary to receive payment and damages as stated in subsection (a) of
this section may not be varied by agreement or a funds-transfer system rule. The right of a
beneficiary to be notified as stated in subsection (b) of this section may be varied by
agreement of the beneficiary or by a funds-transfer system rule if the beneficiary is notified
of tWhe rule before initiation of the funds transfer.

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