Expedited Funds Availability Act

1 VI. Deposits EFA. Expedited Funds Availability Act under the regulation Introduction Appendix D Indorsement, reconversion, and truncation requirements in connection with Regulation CC (12 CFR 229), as amended, implements two substitute checks laws the Expedited Funds Availability Act (EFA Act), which Appendix E Commentary was enacted in August 1987 and became effective in September 1988, and the Check Clearing for the 21st Century Appendix F Official Federal Reserve Board Act (Check 21), which was enacted in October 2003 and ( Board ) Interpretations; Preemption became effective on October 28, 2004.

2 The regulation sets Determinations forth the requirements that depositary institutions ( banks ). make Funds deposited into transaction accounts available Subpart A General Definitions Section according to specified time schedules and that they disclose Account their Funds Availability policies to their customers. It also establishes rules designed to speed the collection and return of For purposes of subparts B and C, an account is a deposit''. checks and electronic checks and describes requirements that (as defined in the Board's Regulation D, in 12 CFR. affect banks that create or receive substitute checks, including (a)(1)(i)) that is a transaction account'' (as defined in requirements related to consumer disclosures and Expedited 12 CFR (e)).

3 Account'' encompasses consumer and recredit procedures. corporate accounts and includes accounts from which the account holder is permitted to make transfers or withdrawals Regulation CC contains four subparts. The first three by any of the following: implement the EFA Act, and the fourth implements Check 21. Specifically: Negotiable instrument Subpart A Defines terms and provides for Payment order of withdrawal administrative enforcement Telephone transfer Subpart B Specifies Availability schedules, or Electronic payment timeframes within which banks must make Funds available for withdrawal.

4 Also includes rules For purposes of subpart B, account'' does not include concerning exceptions to the schedules, disclosure accounts for which the account holder is a bank, an of Funds Availability policies, payment of interest, office of a bank or foreign bank that is located outside and bank liability for noncompliance the United States, or the Treasury of the United States. Subpart C Sets forth rules concerning the For purposes of subpart D, account'' means any expeditious return of checks and electronic checks, deposit at a bank, including a demand deposit or other the responsibilities of paying and returning banks, transaction account and a savings deposit or other time notice of nonpayment for large-dollar returns by the deposit.

5 Many deposits that are not accounts for paying bank, check and electronic check- purposes of the other subparts of Regulation CC, such as indorsement standards, and other related changes to savings deposits, are accounts for purposes of subpart D. the check-collection system Bank Subpart D Contains provisions concerning the requirements a substitute check must meet to be the The term bank refers to Federal Deposit Insurance legal equivalent of an original check; bank duties, Corporation insured banks, mutual savings banks, savings warranties, and indemnities associated with banks, and savings associations; federally insured credit substitute checks; Expedited recredit procedures for unions; non-federally insured banks, credit unions, and thrift consumers and banks; and consumer disclosures institutions.

6 Agencies and branches of foreign banks; and regarding substitute checks Federal Home Loan Bank (FHLB) members. For purposes of subparts C and D, bank'' also includes any The appendixes to the regulation provide additional person engaged in the business of banking, Federal Reserve information: Banks, FHLBs, andstate and local governments to the extent Appendix A Routing number guide that the government unit pays checks. Appendix B - Reserved For purposes of subpart D only, bank'' also refers to the Treasury and the USPS to the extent that they act as Appendix C Model forms and clauses that banks payors.

7 May use to meet their disclosure responsibilities FDIC Consumer Compliance Examination Manual August 2018 VI VI. Deposits EFA. The term paying bank applies to any bank at which A copy of an original check is any paper or through which a check is payable and to which it reproduction of an original check, including a paper is sent for payment or collection. For purposes of printout of an electronic image, a photocopy, or a subpart D, paying bank'' also includes the substitute check. A sufficient copy is a copy of an Treasury and the USPS. The term also includes original check that accurately represents all of the Federal Reserve Banks, FHLBs, state and local information on the front and back of the check at governments, and, if the check is not payable by a the time of truncation or is otherwise sufficient to bank, the bank through which a check is payable.

8 Establish the validity of a claim. A reconverting bank is the bank that creates a Truncate means to remove an original check from substitute check or is the first bank to transfer or the forward collection or return process and replace present a substitute check to another party. it with a substitute check or, by agreement, information relating to the original check. The Check truncating bank may or may not choose to provide The term check includes both original checks and substitute subsequent delivery of the original check. checks. 1 A local check is a check deposited in a depositary An original check is the first paper check issued bank that is located in the same Federal Reserve with respect to a particular payment transaction.

9 Bank check-processing region as the paying bank. 3. A substitute check is a paper reproduction of an Electronic Check, Electronic Returned Check, and original check that Electronically-Created Item Contains an image of the front and back of the An electronic check and electronic returned check mean an original check, electronic image of, and electronic information derived from, a Bears a MICR line containing all of the paper check or paper returned check, respectively, that . information encoded on the original check's MICR. (1) Is sent to a receiving bank pursuant to an agreement line, except as provided in the industry standard between the sender and the receiving bank; and for substitute checks, 2.

10 Conforms in dimension, paper stock, and (2) Conforms with ANS , unless the Board otherwise with industry standards for substitute by rule or order determines that a different standard checks, and applies or the parties otherwise agree. Is suitable for automated processing in the same Electronic checks and electronic returned checks are subject to manner as the original check. subpart C of Regulation CC as if they were checks or returned checks, except where provided in subpart C. A substitute check for which a bank has provided the warranties described in section is the legal equivalent An electronically-created item means an electronic image that of an original check if the substitute check accurately has all the attributes of an electronic check or electronic represents all of the information on the front and back of the returned check, but was created electronically and not derived original check and bears the legend This is a legal copy of from a paper check.