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- Alaska Statutes.
- Title 45. Trade and Commerce
- Chapter 14. Funds Transfers
- Section 507. Choice of Law.
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AS 45.14.507. Choice of Law.
- (a) The following rules apply unless the affected parties otherwise agree or (c) - (d) of this section applies:
- (1) the rights and obligations between the sender of a payment order and the receiving bank are governed by the law of the
jurisdiction in which the receiving bank is located;
- (2) the rights and obligations between the beneficiary's bank and the beneficiary are governed by the law of the
jurisdiction in which the beneficiary's bank is located;
- (3) the issue of when payment is made under a funds transfer by the originator to the beneficiary is governed by the law
of the jurisdiction in which the beneficiary's bank is located.
- (b) If the parties described in each paragraph of (a) of this section have made an agreement selecting the law of a
particular jurisdiction to govern rights and obligations between each other, the law of that jurisdiction governs those
rights and obligations, whether or not the payment order or the funds transfer bears a reasonable relation to that
jurisdiction.
- (c) A funds-transfer system rule may select the law of a particular jurisdiction to govern
- (1) rights and obligations between participating banks with respect to payment orders transmitted or processed through the
system; or
- (2) the rights and obligations of some or all parties to a funds transfer if a part of the funds transfer is carried out
by means of the system.
- (d) A choice of law made under (c)(1) of this section is binding on participating banks. A choice of law made under (c)(2)
of this section is binding on the originator, other sender, or a receiving bank having notice that the funds-transfer
system might be used in the funds transfer and of the choice of law by the system when the originator, other sender, or
receiving bank issued or accepted a payment order. The beneficiary of a funds transfer is bound by the choice of law
if, when the funds transfer is initiated, the beneficiary has notice that the funds-transfer system might be used in
the funds transfer and of the choice of law by the system. The law of a jurisdiction selected under this subsection or
(c) of this section may govern, whether or not that law bears a reasonable relation to the matter in issue.
- (e) In the event of inconsistency between an agreement under (b) of this section and a choice-of-law rule under (c) - (d)
of this section, the agreement under (b) of this section prevails.
- (f) If a funds transfer is made by use of more than one funds-transfer system and there is inconsistency between
choice-of-law rules of the systems, the matter in issue is governed by the law of the selected jurisdiction that has
the most significant relationship to the matter in issue.
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