Nebraska Uniform Commercial Code 4A-212
- Uniform Commercial Code
Liability and duty of receiving bank regarding unaccepted payment order.
If a receiving bank fails to accept a payment order that it is obliged by express agreement to accept, the bank is liable for breach of the agreement to the extent provided in the agreement or in this article, but does not otherwise have any duty to accept a payment order or, before acceptance, to take any action, or refrain from taking action, with respect to the order except as provided in this article or by express agreement. Liability based on acceptance arises only when acceptance occurs as stated in section 4A-209, and liability is limited to that provided in this article. A receiving bank is not the agent of the sender or beneficiary of the payment order it accepts, or of any other party to the funds transfer, and the bank owes no duty to any party to the funds transfer except as provided in this article or by express agreement.
- Laws 1991, LB 160, § 21.
With limited exceptions stated in this article, the duties and obligations of receiving banks that carry out a funds transfer arise only as a result of acceptance of payment orders or of agreements made by receiving banks. Exceptions are stated in section 4A-209(b)(3) and section 4A-210(b). A receiving bank is not like a collecting bank under article 4. No receiving bank, whether it be an originator's bank, an intermediary bank, or a beneficiary's bank, is an agent for any other party in the funds transfer.