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84-4a-301. Execution and execution date. (a) A payment order is "executed" by the receiving bank when it issues a payment order intended to carry out the payment order received by the bank. A payment order received by the beneficiary's bank can be accepted but cannot be executed.

(b) "Execution date" of a payment order means the day on which the receiving bank may properly issue a payment order in execution of the sender's order. The execution date may be determined by instruction of the sender but cannot be earlier than the day the order is received and, unless otherwise determined, is the day the order is received. If the sender's instruction states a payment date, the execution date is the payment date or an earlier date on which execution is reasonably necessary to allow payment to the beneficiary on the payment date.

History: L. 1990, ch. 367, § 21; L. 1991, ch. 294, § 16; July 1.

KANSAS COMMENT, 1996

This section is identical to the 1995 Official Text.

"Executed" and "execution" (used in the title to the section) refer to the act of issuing a payment order to another bank and occurs on the day when that happens. "Execution date," on the other hand, refers to the date when the payment order should be executed, not the date on which it is executed.


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