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(810 ILCS 5/4A-202) (from Ch. 26, par. 4A-202)
Sec. 4A-202.
Authorized and verified payment orders.
(a) A payment order received by the receiving bank is
the authorized order of the person identified as sender if that person
authorized the order or is otherwise bound by it under the law of agency.
(b) If a bank and its customer have agreed that the authenticity of
payment orders issued to the bank in the name of the customer as sender
will be verified pursuant to a security procedure, a payment order received
by the receiving bank is effective as the order of the customer, whether or
not authorized, if (i) the security procedure is a commercially reasonable
method of providing security against unauthorized payment orders, and (ii)
the bank proves that it accepted the payment order in good faith and in
compliance with the security procedure and any written agreement or
instruction of the customer restricting acceptance of payment orders issued
in the name of the customer. The bank is not required to follow an
instruction that violates a written agreement with the customer or notice
of which is not received at a time and in a manner affording the bank a
reasonable opportunity to act on it before the payment order is accepted.
(c) Commercial reasonableness of a security procedure is a question of
law to be determined by considering the wishes of the customer expressed to
the bank, the circumstances of the customer known to the bank, including
the size, type, and frequency of payment orders normally issued by the
customer to the bank, alternative security procedures offered to the
customer, and security procedures in general use by customers and receiving
banks similarly situated. A security procedure is deemed to be
commercially reasonable if (i) the security procedure was chosen by the
customer after the bank offered, and the customer refused, a security
procedure that was commercially reasonable for that customer, and (ii) the
customer expressly agreed in writing to be bound by any payment order,
whether or not authorized, issued in its name and accepted by the bank in
compliance with the security procedure chosen by the customer.
(d) The term "sender" in this Article includes the customer in whose
name a payment order is issued if the order is the authorized order of the
customer under subsection (a), or it is effective as the order of the
customer under subsection (b).
(e) This Section applies to amendments and cancellations of payment
orders to the same extent it applies to payment orders.
(f) Except as provided in this Section and in Section 4A-203(a)(1),
rights and obligations arising under this Section or Section 4A-203 may not
be varied by agreement.
(Source: P.A. 86-1291.)
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