810 ILCS 5/4A-302

(810 ILCS 5/4A-302) (from Ch. 26, par. 4A-302)

Sec. 4A-302.

Obligations of receiving bank in execution of payment order.

(a) Except as provided in subsections (b) through (d), if
the receiving bank accepts a payment order pursuant to Section 4A-209(a),
the bank has the following obligations in executing the order:

(1) The receiving bank is obliged to issue, on the

execution date, a payment order complying with the sender's order and to follow the sender's instructions concerning (i) any intermediary bank or funds transfer system to be used in carrying out the funds transfer, or (ii) the means by which payment orders are to be transmitted in the funds transfer.  If the originator's bank issues a payment order to an intermediary bank, the originator's bank is obliged to instruct the intermediary bank according to the instruction of the originator.  An intermediary bank in the funds transfer is similarly bound by an instruction given to it by the sender of the payment order it accepts.

(2) If the sender's instruction states that the funds

transfer is to be carried out telephonically or by wire transfer or otherwise indicates that the funds transfer is to be carried out by the most expeditious means, the receiving bank is obliged to transmit its payment order by the most expeditious available means, and to instruct any intermediary bank accordingly.  If a sender's instruction states a payment date, the receiving bank is obliged to transmit its payment order at a time and by means reasonably necessary to allow payment to the beneficiary on the payment date or as soon thereafter as is feasible.

(b) Unless otherwise instructed, a receiving bank executing a payment
order may (i) use any funds transfer system if use of
that system is reasonable in the circumstances, and (ii) issue a payment
order to the beneficiary's bank or to an intermediary bank through which a
payment order conforming to the sender's order can expeditiously be issued
to the beneficiary's bank if the receiving bank exercises ordinary care in
the selection of the intermediary bank.  A receiving bank is not required
to follow an instruction of the sender designating a funds transfer system
to be used in carrying out the funds transfer if the receiving bank, in
good faith, determines that it is not feasible to follow the instruction or
that following the instruction would unduly delay completion of the funds transfer.

(c) Unless subsection (a)(2) applies or the receiving bank is otherwise
instructed, the bank may execute a payment order by transmitting its
payment order by first class mail or by any means reasonable in the
circumstances.  If the receiving bank is instructed to execute the sender's
order by transmitting its payment order by a particular means, the receiving
bank may issue its payment order by the means stated or by any means as
expeditious as the means stated.

(d) Unless instructed by the sender, (i) the receiving bank may not
obtain payment of its charges for services and expenses in connection with
the execution of the sender's order by issuing a payment order in an amount
equal to the amount of the sender's order less the amount of the charges,
and (ii) may not instruct a subsequent receiving bank to obtain payment of
its charges in the same manner.

(Source: P.A. 86-1291.)