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UNCITRAL Model Law On International Credit Transfers, 1992
United Nations (UN)
copy @ Lex Mercatoria
(1) This law applies to credit transfers where any sending bank and its receiving bank are in different States.
(2) This law applies to other entities that as an ordinary part of their business engage in executing payment orders in the same manner as it applies to banks.
(3) For the purpose of determining the sphere of application of this law, branches and separate offices of a bank in different States are separate banks.
1. The Commission suggests the following text for States that might wish to adopt it:
Article Y - Conflict of laws
(1) The rights and obligations arising out of a payment order shall be governed by the law chosen by the parties. In the absence of agreement, the law of the State of the receiving bank shall apply.
(2) The second sentence of paragraph (1) shall not affect the determination of which law governs the question whether the actual sender of the payment order had the authority to bind the purported sender.
(3) For the purposes of this article:
(a) where a State comprises several territorial units having different rules of law, each territorial unit shall be considered to be a separate State;
(b) branches and separate offices of a bank in different States are separate banks.
2. This law does not deal with issues related to the protection of consumers.
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