Section 370.288

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS

Chapter 370

Effective - 28 Aug 2020   

  370.288.  Refusal to make payment from account, when, requirements — immunity from liability, when. — 1.  A credit union may refuse to make a payment from an account to a depositor, a shareholder, any trust or payable-on-death account beneficiary, or any other person claiming an interest in the account if the credit union:

  (1)  Is uncertain under the agreement governing the account of who is entitled to receive the payment; or

  (2)  Has actual knowledge of a dispute between any depositors, shareholders, beneficiaries with present vested rights in the account, or other persons concerning ownership of the moneys in the account, the proposed withdrawal, or any previous withdrawals from the account.

  2.  If a credit union refuses to make a payment under subsection 1 of this section, the credit union:

  (1)  Shall notify, in writing, all depositors, shareholders, beneficiaries with present vested rights in the account, and other persons claiming an interest in the account of the basis for the credit union's refusal; and

  (2)  May refuse to make the payment until all interested parties consent in writing to the requested payment or a court with proper jurisdiction orders the credit union to make the payment.

  3.  The credit union shall not be liable for damages as a result of an action taken under this section.

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(L. 2020 S.B. 599)