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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>73296</law_id><section_number>8.4A-404</section_number><catch_line>Obligation of beneficiary&amp;#8217;s bank to pay and give notice to beneficiary</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>8.4A-405</reference><reference>8.4A-501</reference></referred_to_by><structure><unit label="title" level="1" order_by="1" identifier="8.4A">Commercial Code &#x2014; Funds Transfers</unit><unit label="part" level="2" order_by="1" identifier="4">Payment</unit></structure><text>
						<section id="a"><p><span class="prefix-number">a.</span> Subject to subsection (e) of &#xA7; <a class="law" title="Cancellation and amendment of payment order" href="/8.4A-211/">8.4A-211</a>, and subsections (d) and (e) of &#xA7; <a class="law" title="Payment by beneficiary's bank to beneficiary" href="/8.4A-405/">8.4A-405</a>, if a beneficiary&#x2019;s bank accepts a payment <span class="dictionary">order</span>, the bank is obliged to pay the amount of the <span class="dictionary">order</span> to the beneficiary of the <span class="dictionary">order</span>. Payment is due on the payment date of the <span class="dictionary">order</span>, 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 <span class="dictionary">damages</span> as a result of nonpayment, the beneficiary may receive <span class="dictionary">damages</span> resulting from the refusal to pay to the extent the bank had notice of the <span class="dictionary">damages</span>, unless the bank proves that it did not pay because of a <span class="dictionary">reasonable doubt</span> concerning the right of the beneficiary to payment. <a id="paragraph-263763" class="section-permalink" href="https://vacode.org/8.4A-404/#a"><i class="fa fa-link"/></a></p></section>
						<section id="b"><p><span class="prefix-number">b.</span> If a payment <span class="dictionary">order</span> accepted by the beneficiary&#x2019;s bank instructs payment to an account of the beneficiary, the bank is obliged to notify the beneficiary of receipt of the <span class="dictionary">order</span> before midnight of the next funds-transfer business day following the payment date. If the payment <span class="dictionary">order</span> 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 <span class="dictionary">order</span>. 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 <span class="dictionary">order</span> from the day notice should have been given until the day the beneficiary learned of receipt of the payment <span class="dictionary">order</span> by the bank. No other <span class="dictionary">damages</span> are recoverable. Reasonable attorney&#x2019;s fees are also recoverable if demand for interest is made and refused before an action is brought on the claim. <a id="paragraph-263764" class="section-permalink" href="https://vacode.org/8.4A-404/#b"><i class="fa fa-link"/></a></p></section>
						<section id="c"><p><span class="prefix-number">c.</span> The right of a beneficiary to receive payment and <span class="dictionary">damages</span> 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 <span class="dictionary">funds transfer</span>. <a id="paragraph-263765" class="section-permalink" href="https://vacode.org/8.4A-404/#c"><i class="fa fa-link"/></a></p></section></text><history>1990, c. 9.</history><metadata></metadata></law>
