reglab/housing_qa huggingface dataset:
9 V.S.A. § 4A-305
2021 Vermont Statutes|Title 9A - Uniform Commercial Code|Article 4A - Funds Transfers|§ 4A-305. Liability for late or improper execution or failure to execute payment order

§ 4A-305. Liability for late or improper execution or failure to execute payment order|(a) If a funds transfer is completed but execution of a payment order by the receiving bank in breach of section 4A- 302 of this title results in delay in payment to the beneficiary, the bank is obliged to pay interest to either the originator or the beneficiary of the funds transfer for the period of delay caused by the improper execution. Except as provided in subsection (c) of this section, additional damages are not recoverable.(b) If execution of a payment order by a receiving bank in breach of section 4A- 302 of this title results in (i) noncompletion of the funds transfer, (ii) failure to use an intermediary bank designated by the originator, or (iii) issuance of a payment order that does not comply with the terms of the payment order of the originator, the bank is liable to the originator for its expenses in the funds transfer and for incidental expenses and interest losses, to the extent not covered by subsection (a) of this section, resulting from the improper execution. Except as provided in subsection (c) of this section , additional damages are not recoverable.(c) In addition to the amounts payable under subsections (a) and (b) of this section, damages, including consequential damages, are recoverable to the extent provided in an express written agreement of the receiving bank.(d) If a receiving bank fails to execute a payment order it was obliged by express agreement to execute, the receiving bank is liable to the sender for its expenses in the transaction and for incidental expenses and interest losses resulting from the failure to execute. Additional damages, including consequential damages, are recoverable to the extent provided in an express written agreement of the receiving bank, but are not otherwise recoverable.(e) Reasonable attorney's fees are recoverable if demand for compensation under subsection (a) or (b) of this section is made and refused before an action is brought on the claim. If a claim is made for breach of an agreement under subsection (d) of this section and the agreement does not provide for damages, reasonable attorney's fees are recoverable if demand for compensation under subsection (d) of this section is made and refused before an action is brought on the claim.(f) Except as stated in this section, the liability of a receiving bank under subsections (a) and (b) of this section may not be varied by agreement. (Added 1993, No. 158 (Adj. Sess.), § 14, eff. Jan. 1, 1995.)
9 V.S.A. § 4A-401
2021 Vermont Statutes|Title 9A - Uniform Commercial Code|Article 4A - Funds Transfers|§ 4A-401. Payment date

§ 4A-401. Payment date|"Payment date" of a payment order means the day on which the amount of the order is payable to the beneficiary by the beneficiary's bank. The payment date may be determined by instruction of the sender but cannot be earlier than the day the order is received by the beneficiary's bank and, unless otherwise determined, is the day the order is received by the beneficiary's bank. (Added 1993, No. 158 (Adj. Sess.), § 14, eff. Jan. 1, 1995.)
9 V.S.A. § 4A-402
2021 Vermont Statutes|Title 9A - Uniform Commercial Code|Article 4A - Funds Transfers|§ 4A-402. Obligation of sender to pay receiving bank

§ 4A-402. Obligation of sender to pay receiving bank|(a) This section is subject to sections 4A- 205 and 4A- 207 of this title.(b) With respect to a payment order issued to the beneficiary's bank, acceptance of the order by the bank obliges the sender to pay the bank the amount of the order, but payment is not due until the payment date of the order.(c) This subsection is subject to subsection (e) of this section and to section 4A- 303 of this title. With respect to a payment order issued to a receiving bank other than the beneficiary's bank, acceptance of the order by the receiving bank obliges the sender to pay the bank the amount of the sender's order. Payment by the sender is not due until the execution date of the sender's order. The obligation of that sender to pay its payment order is excused if the funds transfer is not completed by acceptance by the beneficiary's bank of a payment order instructing payment to the beneficiary of that sender's payment order.(d) If the sender of a payment order pays the order and was not obliged to pay all or part of the amount paid, the bank receiving payment is obliged to refund payment to the extent the sender was not obliged to pay. Except as provided in sections 4A- 204 and 4A- 304 of this title, interest is payable on the refundable amount from the date of payment.(e) If a funds transfer is not completed as stated in subsection (c) of this section and an intermediary bank is obliged to refund payment as stated in subsection (d) of this section but is unable to do so because not permitted by applicable law or because the bank suspends payments, a sender in the funds transfer that executed a payment order in compliance with an instruction, as stated in subdivision 4A- 302(a)(1) of this title, to route the funds transfer through that intermediary bank is entitled to receive or retain payment from the sender of the payment order that it accepted. The first sender in the funds transfer that issued an instruction requiring routing through that intermediary bank is subrogated to the right of the bank that paid the intermediary bank to refund as stated in subsection (d) of this section.(f) The right of the sender of a payment order to be excused from the obligation to pay the order as stated in subsection (c) of this section or to receive refund under subsection (d) of this section may not be varied by agreement. (Added 1993, No. 158 (Adj. Sess.), § 14, eff. Jan. 1, 1995.)
9 V.S.A. § 4A-403
2021 Vermont Statutes|Title 9A - Uniform Commercial Code|Article 4A - Funds Transfers|§ 4A-403. Payment by sender to receiving bank

§ 4A-403. Payment by sender to receiving bank|(a) Payment of the sender's obligation under section 4A- 402 of this title to pay the receiving bank occurs as follows:  (1) If the sender is a bank, payment occurs when the receiving bank receives final settlement of the obligation through a Federal Reserve Bank or through a funds-transfer system. (2) If the sender is a bank and the sender (i) credited an account of the receiving bank with the sender, or (ii) caused an account of the receiving bank in another bank to be credited, payment occurs when the credit is withdrawn or, if not withdrawn, at midnight of the day on which the credit is withdrawable and the receiving bank learns of that fact. (3) If the receiving bank debits an account of the sender with the receiving bank, payment occurs when the debit is made to the extent the debit is covered by a withdrawable credit balance in the account.   (b) If the sender and receiving bank are members of a funds-transfer system that nets obligations multilaterally among participants, the receiving bank receives final settlement when settlement is complete in accordance with the rules of the system. The obligation of the sender to pay the amount of a payment order transmitted through the funds-transfer system may be satisfied, to the extent permitted by the rules of the system, by setting off and applying against the sender's obligation the right of the sender to receive payment from the receiving bank of the amount of any other payment order transmitted to the sender by the receiving bank through the funds-transfer system. The aggregate balance of obligations owed by each sender to each receiving bank in the funds-transfer system may be satisfied, to the extent permitted by the rules of the system, by setting off and applying against that balance the aggregate balance of obligations owed to the sender by other members of the system. The aggregate balance is determined after the right of setoff stated in the second sentence of this subsection has been exercised.(c) If two banks transmit payment orders to each other under an agreement that settlement of the obligations of each bank to the other under section 4A- 402 of this title will be made at the end of the day or other period, the total amount owed with respect to all orders transmitted by one bank shall be set off against the total amount owed with respect to all orders transmitted by the other bank. To the extent of the setoff, each bank has made payment to the other.(d) In a case not covered by subsection (a) of this section , the time when payment of the sender's obligation under subsection 4A- 402(b) or 4A- 402(c) of this title occurs is governed by applicable principles of law that determine when an obligation is satisfied. (Added 1993, No. 158 (Adj. Sess.), § 14, eff. Jan. 1, 1995.)
9 V.S.A. § 4A-404
2021 Vermont Statutes|Title 9A - Uniform Commercial Code|Article 4A - Funds Transfers|§ 4A-404. Obligation of beneficiary's bank to pay and give notice to beneficiary

§ 4A-404. Obligation of beneficiary's bank to pay and give notice to beneficiary|(a) Subject to subsections 4A- 211(e), 4A- 405(d), and 4A- 405(e) of this title, 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) 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 the rule before initiation of the funds transfer. (Added 1993, No. 158 (Adj. Sess.), § 14, eff. Jan. 1, 1995.)
9 V.S.A. § 4A-406
2021 Vermont Statutes|Title 9A - Uniform Commercial Code|Article 4A - Funds Transfers|§ 4A-406. Payment by originator to beneficiary; discharge of underlying obligation

§ 4A-406. Payment by originator to beneficiary; discharge of underlying obligation|(a) Subject to subsections 4A- 211(e), 4A- 405(d), and 4A- 405(e) of this title, the originator of a funds transfer pays the beneficiary of the originator's payment order (i) at the time a payment order for the benefit of the beneficiary is accepted by the beneficiary's bank in the funds transfer and (ii) in an amount equal to the amount of the order accepted by the beneficiary's bank, but not more than the amount of the originator's order.(b) If payment under subsection (a) of this section is made to satisfy an obligation, the obligation is discharged to the same extent discharge would result from payment to the beneficiary of the same amount in money, unless (i) the payment under subsection (a) of this section was made by a means prohibited by the contract of the beneficiary with respect to the obligation, (ii) the beneficiary, within a reasonable time after receiving notice of receipt of the order by the beneficiary's bank, notified the originator of the beneficiary's refusal of the payment, (iii) funds with respect to the order were not withdrawn by the beneficiary or applied to a debt of the beneficiary, and (iv) the beneficiary would suffer a loss that could reasonably have been avoided if payment had been made by a means complying with the contract. If payment by the originator does not result in discharge under this section, the originator is subrogated to the rights of the beneficiary to receive payment from the beneficiary's bank under subsection 4A- 404(a) of this title.(c) For the purpose of determining whether discharge of an obligation occurs under subsection (b) of this section, if the beneficiary's bank accepts a payment order in an amount equal to the amount of the originator's payment order less charges of one or more receiving banks in the funds transfer, payment to the beneficiary is deemed to be in the amount of the originator's order unless upon demand by the beneficiary the originator does not pay the beneficiary the amount of the deducted charges.(d) Rights of the originator or of the beneficiary of a funds transfer under this section may be varied only by agreement of the originator and the beneficiary. (Added 1993, No. 158 (Adj. Sess.), § 14, eff. Jan. 1, 1995.)
9 V.S.A. § 4A-501
2021 Vermont Statutes|Title 9A - Uniform Commercial Code|Article 4A - Funds Transfers|§ 4A-501. Variation by agreement and effect of funds-transfer system rule

§ 4A-501. Variation by agreement and effect of funds-transfer system rule|(a) Except as otherwise provided in this article, the rights and obligations of a party to a funds transfer may be varied by agreement of the affected party.(b) "Funds-transfer system rule" means a rule of an association of banks (i) governing transmission of payment orders by means of a funds-transfer system of the association or rights and obligations with respect to those orders, or (ii) to the extent the rule governs rights and obligations between banks that are parties to a funds transfer in which a Federal Reserve Bank, acting as an intermediary bank, sends a payment order to the beneficiary's bank. Except as otherwise provided in this article, a funds-transfer system rule governing rights and obligations between participating banks using the system may be effective even if the rule conflicts with this article and indirectly affects another party to the funds transfer who does not consent to the rule. A funds-transfer system rule may also govern rights and obligations of parties other than participating banks using the system to the extent stated in subsections 4A- 404(c), 4A- 405(d), and 4A- 507(c) of this title. (Added 1993, No. 158 (Adj. Sess.), § 14, eff. Jan. 1, 1995.)
9 V.S.A. § 4A-502
2021 Vermont Statutes|Title 9A - Uniform Commercial Code|Article 4A - Funds Transfers|§ 4A-502. Creditor process served on receiving bank; setoff by beneficiary's bank

§ 4A-502. Creditor process served on receiving bank; setoff by beneficiary's bank|(a) As used in this section, "creditor process" means levy, attachment, garnishment, notice of lien, sequestration, or similar process issued by or on behalf of a creditor or other claimant with respect to an account.(b) This subsection applies to creditor process with respect to an authorized account of the sender of a payment order if the creditor process is served on the receiving bank. For the purpose of determining rights with respect to the creditor process, if the receiving bank accepts the payment order, the balance in the authorized account is deemed to be reduced by the amount of the payment order to the extent the bank did not otherwise receive payment of the order, unless the creditor process is served at a time and in a manner affording the bank a reasonable opportunity to act on it before the bank accepts the payment order.(c) If a beneficiary's bank has received a payment order for payment to the beneficiary's account in the bank, the following rules apply:  (1) The bank may credit the beneficiary's account. The amount credited may be set off against an obligation owed by the beneficiary to the bank or may be applied to satisfy creditor process served on the bank with respect to the account. (2) The bank may credit the beneficiary's account and allow withdrawal of the amount credited unless creditor process with respect to the account is served at a time and in a manner affording the bank a reasonable opportunity to act to prevent withdrawal. (3) If creditor process with respect to the beneficiary's account has been served and the bank has had a reasonable opportunity to act on it, the bank may not reject the payment order except for a reason unrelated to the service of process.   (d) Creditor process with respect to a payment by the originator to the beneficiary pursuant to a funds transfer may be served only on the beneficiary's bank with respect to the debt owed by that bank to the beneficiary. Any other bank served with the creditor process is not obliged to act with respect to the process. (Added 1993, No. 158 (Adj. Sess.), § 14, eff. Jan. 1, 1995.)
9 V.S.A. § 4A-503
2021 Vermont Statutes|Title 9A - Uniform Commercial Code|Article 4A - Funds Transfers|§ 4A-503. Injunction or restraining order with respect to funds transfer

§ 4A-503. Injunction or restraining order with respect to funds transfer|For proper cause and in compliance with applicable law, a court may restrain (i) a person from issuing a payment order to initiate a funds transfer, (ii) an originator's bank from executing the payment order of the originator, or (iii) the beneficiary's bank from releasing funds to the beneficiary or the beneficiary from withdrawing the funds. A court may not otherwise restrain a person from issuing a payment order, paying or receiving payment of a payment order, or otherwise acting with respect to a funds transfer. (Added 1993, No. 158 (Adj. Sess.), § 14, eff. Jan. 1, 1995.)
9 V.S.A. § 4A-504
2021 Vermont Statutes|Title 9A - Uniform Commercial Code|Article 4A - Funds Transfers|§ 4A-504. Order in which items and payment orders may be charged to account; order of withdrawals from account

§ 4A-504. Order in which items and payment orders may be charged to account; order of withdrawals from account|(a) If a receiving bank has received more than one payment order of the sender or one or more payment orders and other items that are payable from the sender's account, the bank may charge the sender's account with respect to the various orders and items in any sequence.(b) In determining whether a credit to an account has been withdrawn by the holder of the account or applied to a debt of the holder of the account, credits first made to the account are first withdrawn or applied. (Added 1993, No. 158 (Adj. Sess.), § 14, eff. Jan. 1, 1995.)
9 V.S.A. § 4A-505
2021 Vermont Statutes|Title 9A - Uniform Commercial Code|Article 4A - Funds Transfers|§ 4A-505. Preclusion of objection to debit of customer's account

§ 4A-505. Preclusion of objection to debit of customer's account|If a receiving bank has received payment from its customer with respect to a payment order issued in the name of the customer as sender and accepted by the bank, and the customer received notification reasonably identifying the order, the customer is precluded from asserting that the bank is not entitled to retain the payment unless the customer notifies the bank of the customer's objection to the payment within one year after the notification was received by the customer. (Added 1993, No. 158 (Adj. Sess.), § 14, eff. Jan. 1, 1995.)
9 V.S.A. § 4A-506
2021 Vermont Statutes|Title 9A - Uniform Commercial Code|Article 4A - Funds Transfers|§ 4A-506. Rate of interest

§ 4A-506. Rate of interest|(a) If, under this article, a receiving bank is obliged to pay interest with respect to a payment order issued to the bank, the amount payable may be determined (i) by agreement of the sender and receiving bank, or (ii) by a funds-transfer system rule if the payment order is transmitted through a funds-transfer system.(b) If the amount of interest is not determined by an agreement or rule as stated in subsection (a) of this section, the amount is calculated by multiplying the applicable Federal Funds rate by the amount on which interest is payable, and then multiplying the product by the number of days for which interest is payable. The applicable Federal Funds rate is the average of the Federal Funds rates published by the Federal Reserve Bank of New York for each of the days for which interest is payable divided by 360. The Federal Funds rate for any day on which a published rate is not available is the same as the published rate for the next preceding day for which there is a published rate. If a receiving bank that accepted a payment order is required to refund payment to the sender of the order because the funds transfer was not completed, but the failure to complete was not due to any fault by the bank, the interest payable is reduced by a percentage equal to the reserve requirement on deposits of the receiving bank. (Added 1993, No. 158 (Adj. Sess.), § 14, eff. Jan. 1, 1995.)