국제전자자금이체시스템에서 지급의 최종성과 유용성에 관한 고찰(미국의 전자금융제도를 중심으로)

A Study on Payment Finality and Usefulness in the Electronic Payment System -Based on U.C.C. 4A-

  • 투고 : 2010.08.13
  • 심사 : 2010.09.06
  • 발행 : 2010.09.27

초록

In connection with a non-cash payment through the banking system, "finality of payment" has acquired diverse meanings. In according to Section 4A-209(2), the acceptance by the beneficiary's bank by means of receiving payment "pursuant to section 4A-403(a)(1) or 4A-403(a)(2)," constitutes final settlement through a Federal Reserve Bank or through a funds-transfer system" or credit to the account of the beneficiary's bank. Above of all, Acceptance by beneficiary's bank is the most important. According to 4A-209(b), the beneficiary's bank can accept a payment order in one of four ways : First, by paying the beneficiary; obligating itself to pay the beneficiary or, Second, by notifying the beneficiary of receipt of the order or notifying the beneficiary that its account was credited or, Thirdly, by receiving full payment from the sender's order or Lastly, by passage of time, i.e., the opening of the next funds transfer business day of the bank following the payment date of the order. A beneficiary's bank is considered to have accepted a payment order when the earliest of the four means of acceptance occurs.

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