12-106. Discharge of account debtor on account or payment intangible included in controllable electronic record.

(a) Subject to subsections (b) through (f), if an account or payment intangible is included in the benefit that can be derived from a controllable electronic record, the account debtor may discharge its obligation on the account or payment intangible:

(1) by paying the person having control of the controllable electronic record; or

(2) by paying a person that formerly had control of the controllable electronic record.

(b) Subject to subsection (f), an account debtor may not discharge its obligation by paying a person that formerly had control if, before the payment, the account debtor receives a notification, authenticated by the person having control, that notifies the account debtor that the person has control of the controllable electronic record, reasonably identifies the controllable electronic record, and provides a reasonable method by which the account debtor is to make payments. After receipt of the notification, the account debtor may discharge its obligation by paying in accordance with the notification and may not discharge the obligation by paying a person that formerly had control.

(c) Subject to subsection (f), notification is ineffective under subsection (b):

(1) to the extent that an agreement between an account debtor and a seller of a payment intangible limits the account debtor's duty to pay a person other than the seller and the limitation is effective under law other than this article; or

(2) at the option of the account debtor, if the notification notifies the account debtor to divide a payment and send portions by more than one method.

(d) Subject to subsection (f), if requested by the account debtor, the person giving the notification shall seasonably furnish reasonable proof that the person has control of the controllable electronic record. Unless the person complies, the account debtor may discharge its obligation by paying a person that formerly had control, even if the account debtor has received a notification under subsection (b).

(e) Subject to subsection (f), an account debtor may not waive or vary its option under subsection (c)(2).

(f) This section is subject to law other than this article which establishes a different rule for an account debtor who is an individual and who incurred the obligation primarily for personal, family, or household purposes.

Source:Laws 2021, LB649, ยง 64.