The Check 21 Act is designed to foster innovation in the payments system and to enhance its efficiency by reducing some of the legal impediments to check truncation. Use the following links to review and better understand Check 21 legislation, regulations and amendments to regulations.
Final Amendments to Regulation CC – On May 31, 2017 the Federal Reserve Board (Board) amended check collection and return requirements under Regulation CC (Availability of Funds and Collection of Checks) to facilitate the banking industry’s ongoing transition to a fully-electronic check collection and return process. These final amendments are effective July 2018. An overview of the final rule can be found here. A more detailed review and recording can be found here. As the industry continues its evaluation of the implications of these new amendments, you will find information at www.eccho.org.
Paper: Additional Issues Regarding Possible Duplicate Payment of Check Items
Duplicates continue to be a challenge for the banking industry. This paper addresses certain issues associated with duplicate presentment of check images.
Check Issues Document: Payee Indorsements
Since the implementation of Check 21 and Remote Deposit Capture (RDC), there have been questions regarding the need and/or requirement for payee indorsements on deposited checks under applicable law and the rules governing image exchange generally. This document provides some general information and discussion on the topic of payee indorsements. Banks are encouraged to consider the information in this document with their legal counsels and other appropriate members of their check collection operations. The document identifies legal, business and operational considerations with respect to decisions concerning the handling of checks without payee indorsements.
Check Clearing for the 21st Century Act
Review the details of the act intended to facilitate check truncation by authorizing substitute checks, to foster innovation in the check collection system without mandating receipt of checks in electronic form, and to improve the overall efficiency of the Nation’s payments system, and for other purposes.
The Electronic Check Clearing House Organization (ECCHO) Operating Rules and Commentary? These Rules govern electronic check transactions, including the exchange and return of electronic images, between two depository institutions that are both members of ECCHO.
The Role of the Private Sector Rules and Federal Reserve System Rules
Examine the role of Check Image Rules in the inter-bank exchange of check images.
Review final amendments to Regulation J that provide for the rights and obligations of banks and Reserve Banks relating to electronic items handled by Reserve Banks.
Guide to Compliance with Regulation J
Gain a better understanding how to comply with Regulation J.
Guide to Compliance with Regulation CC
Gain a better understanding how to comply with Regulation CC.
Operating Circular 3
Review Federal Reserve Banks rules and regulations for the Collection of Cash Items and Returned Checks.
Minimum Compliance Requirements
Gain a quick understanding of the minimum requirements your institution must meet to comply with the Check 21 Act and associated regulation.
Use of Check Images by Customers of Financial Institutions
Understand the treatment of check images under the Check 21 Act, and laws and regulations generally applicable to electronic records including the use of check images, as opposed to original checks, by banks and their customers. (pdf)
TIFF Tag Discussion Summary
Read through discussions by the CheckImage Collaborative Legal Work Group on issues relating to uses and changes of TIFF Tags. (pdf)