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Minnesota Legislature

Office of the Revisor of Statutes

336.4A-404 OBLIGATION OF BENEFICIARY'S BANK TO PAY AND GIVE NOTICE
TO BENEFICIARY.
(a) Subject to sections 336.4A-211(e), 336.4A-405(d), and 336.4A-405(e), 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 day 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 circumstances 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.
(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 account 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 to
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 payment 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 brought on the claim.
(c) The right of a beneficiary to receive payment and damages as stated in subsection (a) 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) may be varied by agreement of the beneficiary or by a funds-transfer
system rule if the beneficiary is notified of the rule before initiation of the funds transfer.
History: 1990 c 582 art 1 s 29