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Regulation CC Flashcards

1
Q

What federal regulations are implemented by regulation CC?

A

Expedited funds availability Act (EFA)

Check clearing for the 21st century Act (Check 21 Act)

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2
Q

What are the four subparts of Regulation CC?

A

Support A: definitions and purpose

Subpart B: funds availability and disclosure requirements

Subpart C: electronic checks / electronic returns of checks
- responsibilities of banks
- agreements
- returns
- endorsements
- warranties and liabilities

Sub part D: substitute checks (IRD)

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3
Q

What Federal Regulations does Reg CC apply to?

A

12 CFR 229 - Availability of Funds and Collection of Checks

Part of the Federal Code of Regulations (CFR) which contains 50 titles.

Title 12 regulates banks and banking

Chapter 2 (part 2 of 12) covers the Federal Reserve System and recognizes today’s electronic nature of the check environment.

Issued by Board of Governors of the Federal reserve System

Subpart B animal joint jurisdiction with the CFPB

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4
Q

How often are updates required to Subpart B to keep up with inflation?

A

5 years

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5
Q

What’s Reg CC CFR code?

A

12 CFR 229

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6
Q

Subpart B of Regulation CC is co-owned with who?

A

Consumer Financial Protection Bureau CFPB

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7
Q

What two laws does Regulation CC (12 CFR 229) implement?

A

Expedited Funds Availability Act (EFAA), which was enacted in August 1987 and became effective in September 1988, and the Check Clearing for the 21st Century Act (Check 21), which was enacted in October 2003 and became effective on October 28, 2004.

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8
Q

Does regulation CC mandate electronic processing of checks?

A

No.

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9
Q

What does Regulation CC Subpart C address and not address?

A

It addresses the interbank electronic Check Exchange. The forward and return process for clearing of electronic checks.

Does not address the HOW to, which it defers to:

Interbank rules and agreements such as ECCHO and FRB OC3 address the where/when/and how.

There are also agreements between FI’s and account holders.

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10
Q

Definition of Bank per Reg CC

A

Insured bank, mutual savings Bank and savings Bank, insured credit Union, member as defined in Federal Loan(FHLB) Act, Savings association, agency or a branch of a foreign Bank as defined in section International banking Act.

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11
Q

Definition of Collecting Bank per Reg CC.

A

Any Bank handling a check for forward collection,
EXCEPT the Paying Bank.

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12
Q

Definition of Depository Bank per Reg CC.

A

First Bank ( Depository FII) to which a check is transferred even though it may also be the paying Bank.

BOFD Bank of first deposit.

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13
Q

Definition of Indemnifying Bank per Reg CC

A

Bank that provides an indemnity under 229.34 with respect to REMOTE DEPOSIT capture or an electronically created item, or

Bank that provides an indemnity under 229.53 with respect to a SUBSTITUTE check.

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14
Q

Definition of Paying Bank per Regulation CC.

A

Bank by which a check is payable, and to which it is sent for payment or collection;

Federal Reserve Bank or Federal Home Loan Bank by which check is payable;

Bank through which a check is payable, if check is not payable by a bank; or

State or unit of general local government on which a check is drawn and to which it is sent for payment or collection

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15
Q

Definition of Returning Bank per Reg CC

A

A bank (other than Paying or Depository Bank) handling a return check or notice of Liu of return.

Also a collecting bank for purposes of UCC 202 (b)

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16
Q

Definition of Reconverting Bank regulation CC.

A

Think that creates substitute check. CONVERTS IMAGE BACK TO PAPER.

For substitute check created by non-bank, First Bank to transfer, present, or return a substitute check.

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17
Q

Definition of Truncating Bank per reg CC

A

Bank that removes the original check from the check collection process. Example: RDC

Or if non-Bank removes original check from the check collection process, then First Bank that transfers, presents, or returns a substitute check in lieu of original check, or by agreement.

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18
Q

Definition of Account per Reg CC

A

Deposit accounts at a bank from which account holder makes transfers or withdrawals by negotiable instrument or other similar means to make payments or transfer funds to third persons

Ex: DDA or share draft accounts

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19
Q

Definition of Availability per Reg CC

A

Time from day of deposit until funds are available to account holder for withdrawal or other use

  • Could include funds from a line of credit product as well as funds classified as available balance from cleared and existing deposits
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20
Q

Definition of Available for Withdrawal per Reg CC.

A

Funds deposited available for all uses generally permitted to customer under bank’s account agreement or policies

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21
Q

Definition of Banking Day per Reg CC.

A

Business day on which office of Bank is open to public for substantially all banking functions.

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22
Q

Definition of Business Day per Reg CC.

A

Calendar day other than a Saturday or a Sunday or FRB legal holidays.

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23
Q

Definition of Cashier’s Check per Reg CC.

A

Check that is:

  • drawn on a bank
  • Signed by an officer or employee of the bank on behalf of the bank ass drawer
  • Direct obligation of the bank
  • provided to a bank’s customer required from the bank for remittance purposes.
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24
Q

Definition of Check for regulation CC.

A

Negotiable demand draft

  • Drawn on or payable through or at, an office of a bank;
  • Drawn on FRB or FHLB;
  • Drawn on U.S. Treasury;

Demand draft drawn on:
+ State or unit of general local government not payable through or at a bank;

U.S. Postal Service money order;

Traveler’s check; and

An original check and a substitute check

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25
Q

Definition of Electronic Check and Electronic Return Checks per regulation CC

A

Electronic image and electronic information derived from check or the paper returned check that; (…was exchanged between two institutions and confirms to x9 187)

  • Sent in pursuant to the agreement between sender and receiving Bank
  • conforms with X9 .100-187
    Must have both the image of the item and the MICR information
    Does NOT include non-cash items
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26
Q

Definition of electronically created items per Reg CC.

A

• Check-like items created in electronic form that never existed in paper form

• Does NOT meet definition of electronic check and Subpart C does not apply

• Creates new indemnity

✓ Bank that transfers an image or information that is not derived from a paper check indemnifies each transferee bank, any subsequent bank, the paying bank and any returning bank against any loss, claim, or damage that results from the fact that the image or information was not derived from a paper check

(Because it is not defined as a check per Reg CC does not meet the same return timeframes. )

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27
Q

Is an Electronically created item considered a check in Regulation CC?

A

No

Because it never existed as a check, it does not meet the definition of a check or an electronic check per sub part C.

Not subject to the same return time frames because it is not considered an item for reg CC.

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28
Q

What is the difference between an RCC and an ECI?

A

RCC (Remotely Created Check): A paper check not signed by the account holder but authorized by them. It exists in physical form before imaging and may say “signature on file” on the signature line.

ECI (Electronically Created Item): A digital check created electronically, printed by the recipient on non-MICR paper, and never existed in physical form before.

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29
Q

What does MICR stand for?

A

Magnetic Ink Character Recognition

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30
Q

What does the MICR line include?

A

It may include routing number account number check number check amount and other information. (7 fields per standards notes)

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31
Q

Regulation CC how must a MICR line be printed?

A

You’re the bottom of the check in magnetic ink 5/8_ clear band area bottom of check)

Must be in accordance with ANS standards.

  • 160 for original check
  • 140 for substitute check
  • 187 for an electronic check /electronic return check for purposes of subpart C in sub part D..
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32
Q

Does Regulation CC require magnetic ink on the MICR line?

A

In order to be considered a cash item, must be encoded in magnetic ink.

All checks including substitute checks must have routing number of the paying Bank reprinted or post encoded in magnetic ink.

EXCEPTION: (if not eligible for re-presentment does not need to be on magnetic ink) not required if an IRD is created for a PAID item returned to the issuing fi’s customer as properly paid item.
- MICR characters still in E-13B font maybe reprinted in non-magnetic ink per x9 140
- must confirm you’ll other xp140

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33
Q

What X9 standards apply to the MICR line?

A

X9.100.160 for original check
X9.100.140 for substitute check
X9.100.187 for electronic checks

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34
Q

Definition of noncash item per regulation CC

A

Would otherwise be a check except that

Passbook certificate or other document is attached

Accompanied by special instructions such as requests for special advice of payment or dishonor

Consists of more than a single thickness of paper except a check that qualifies for handling by automated check processing equipment

Not pre-printed or post-encoded in magnetic ink with the routing number of the pain Bank.

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35
Q

Definition of Remotely Created Check (RCC) per Reg CC

A

• Check not created by the paying bank

• Does not bear a signature applied, or purported to be applied, by person on whose account check is drawn

• May say “signature on file” of other similar language on the signature line

• May be referred to as an unsigned draft

• Valid RCC must have existed in paper (physical) form prior to imaging

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36
Q

What is one way to identify an RCC to determine whether it’s an RCC or an ECI?

A

Check to see if the EPC field has a 6..
However this is not mandatory and it may not be there.

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37
Q

What does regulation CC require with indorsements?

A

Requirement for any bank, other than the paying bank, that touches the check in processing whether for forward processing or return item.

If a bank fails to indorse an item, it still has liability for the item.

Must endorse in accordance with standards.
- X9 111 - paper check
- X9 140 - substitute checks
- X9 187 for electronic check

Note: the more institutions more returns, more indorsements.

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38
Q

What does regulation CC say regarding indorsements and holder?

A
  • After check indorsed by bank, only another bank may acquire rights of a holder until
  • Check has been returned to person initiating collection; or
  • Check has been indorsed by the bank to a person who is not a bank
  • Example: Bank is holding the item but is unable to charge back; may assign the check to a debt collection service
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39
Q

What does Regulation CC say about depository Bank indorsement?

A
  • May arrange with another bank to apply other bank’s indorsement as Depositary Bank indorsement
  • Used in a centralized return environment
  • Must avoid area reserved for depositary bank indorsement as specified in indorsement standard
  • Applicable to check under paragraph (a) of this section
  • Physical check, substitute check, electronic check

NOTE: if a bank uses a third party return location, on the back of a check, there is a section reserved for the actual BOFD below the payee indorsement, and the return location as a BOFD indorsement would be below the indorsement of the actual BOFD.)

40
Q

How to identify the depository Bank?

A

Depository Bank indorsement includes

ABA routing number bracketed WITH arrow points

Banks name and location

X9187 electronic record image

41
Q

How to identify a subsequent collecting bank?

A

Subsequent Bank indorsement(s) must include

  • ABA routing number WITHOUT Arrow points
  • x9187 record (Image)

(Far right on the back of a substitute check. The very top of the check is vertical per image..?

42
Q

Hot to identify the reconverting bank?

A

The ABA reconverting Bank ondorsement is based on x9.100- 140 standard

Must include
- routing number (without arrows )and ASTERISK at each end, front of check outside the image

  • ABA routing number (without Arrow points) and asterisk at each end; back of check
  • truncating Bank ABA number (without arrow points) and bracket end of front of check outside image.
43
Q

Reconverting Bank identified by?

A

Asterisks 123456689

on front (top left) and back (far right below subsequent Bank) of forward substitute check

44
Q

Depository bank indorsement identified by?

A

Inward facing arrows.

45
Q

Truncating Bank indorsement identified by?

A

Brackets [ ] on the FRONT of IRD only,

46
Q

What does Reg CC say about presentment and issuance of checks?

A

Electronic Checks: Governed by agreements between presenting and paying banks.

Paper Checks: Considered received when delivered to a specified location, an address linked to the routing number, or any branch/ head office if no address is listed.

Paying banks can require separation of presented and returned checks.

47
Q

Regulation CC on Same-Day Settlement

A

Governed by agreement of the parties

48
Q

What does Reg CC say about Same-Day Settlement?

A

Governs settlement for paper checks; electronic check settlement is based on agreements.

A paper check requires same-day settlement if:

a. Delivered to the location designated by the paying bank.

b. Delivered by 8 a.m. (local time) on a business day.

Paying bank can require separation of same-day settlement checks.

Paying bank must settle or return the check by the close of Fedwire on the day of receipt.

49
Q

Regulation CC Subpart B - 229.10

A

Next-day availability

50
Q

Regulation CC Subpart B - 229.11

A

Adjustment of dollar amounts

51
Q

Regulation CC Subpart B - 229.12

A

Availability schedule

52
Q

Regulation CC Subpart B 229.13

A

Exceptions

53
Q

Regulation CC Subpart B 229.14

A

Payment of interest

54
Q

Regulation CC Subpart B 229.15

A

General disclosure requirements

55
Q

Regulation CC Subpart B 229.16

A

Specific availability policy disclosure

56
Q

Regulation CC Subpart B 229.17

A

Initial disclosures

57
Q

Regulation CC Subpart B 229.18

A

Additional disclosure requirements

58
Q

Regulation CC Subpart B 229.19

A

Miscellaneous

59
Q

Regulation CC Subpart B 229.20

A

Relation to state law

60
Q

Regulation CC Subpart B 229.21

A

Civil liability

61
Q

Regulation CC Next-Day Availability (229.10)

A

depositary bank makes funds available NEXT BUSINESS day after the BANKING day on which the funds are deposited for:

Check drawn on the Treasury of the United
States

US Postal Service money order

Check drawn on Federal Reserve Bank or
Federal Home Loan Bank

Check drawn by a state or local government

Cashier’s, certified, or teller’s check

First $275 of any other check - aggregate amount across multiple accounts.

62
Q

Regulation CC Subpart B (229.11) - Adjustments of Dollar Amounts

A

Inflation updates every 5 years

Economic Growth Regulatory Relief, and Consumer Protection Act expanded to American territories (EGRRCPA)

Joint rulemaking authority of FRB and CFPB over certain provisions REG CC 229.1(a)).

63
Q

What does Regulation CC Subpart B - Availability schedule (229.12) say about local checks?

A

Applies to all local checks.

But all checks are now considered local due to restructuring of Federal Reserve Bank’s check processing operations.

Atlanta remaining FRB check processing location.

64
Q

Regulation CC Subpart B - Availability schedule (229.12)

Two-day Availability

A

Two-Day Availability: bank shall make funds available for withdrawal no later than SECOND BUSINESS day after the BANKING day on which checks were deposited in person

65
Q

Regulation CC Subpart B - Availability schedule (229.12)

Extension of Schedule

A

Depositary Bank may add one business day for deposits that are:
✓Deposited in an account at a branch of a depositary bank if the branch is located in Alaska, Hawaii,
Puerto Rico, or the U.S. Virgin Islands; and
✓Deposited by a check drawn on a paying bank not located in the same state as the depositary bank

66
Q

Regulation CC Subpart B - Availability schedule (229.12)

Nonproprietary ATMs

A

Deposits at nonproprietary ATMs, depositary bank must make funds available no later than FIFTH BUSINESS day after the banking day on which check was deposited

o Example: Deposit is made at a nonproprietary ATM on a Monday, including any deposit by cash or
checks otherwise be subject to next-day (or 2nd-day) availability;
o Funds must be made available for withdrawal not later than Monday of the following week

67
Q

What has Reg CC done in regard to Economic Growth Regulatory Relief, and Consumer Protection Act (EGRRCPA)

A

EGRRCPA extends Reg CC funds availability, payment of interest, and disclosure requirements to financial institutions in:
– American Samoa
– Commonwealth of the Northern Mariana Islands
– Guam

  • defined terms “state” and “United States” includes these territories in 229.2(ff) and 229.2(jj)
  • territories lists of locations that are eligible for one-day extension of the availability schedules under 229.12(e) of Reg CC and EFAA
68
Q

Per Regulation CC Subpart B (229.13) what are the Exceptions Eligible for extended holds?

A

New Accounts - Open less than 30 days

Large deposits (Greater than $6725) - First $6,725 covered under normal availability requirements. Remainder may be held for extended period.

Re-Deposited Checks - May be held unless the check was returned because of missing endorsement or postdating.

Repeated Overdrafts - If during the previous 6-months, account was negative: Six or more banking days.

Reasonable cause to doubt the collectability: Must have legitimate reasons

Emergency Conditions: Beyond the control of financial institution; Example Natural disasters or communications malfunctions.

69
Q

What is the timeframe for an extended hold per Regulation CC?

A

Timing of reasonable period beyond the 2-day availability generally will be:

One (1) additional buisness day for on-us (3 TOTAL DAYS)

up to five (5) additional business days for non-on=-us: (7 TOTAL DAYS)

70
Q

If a U.S Treasury check in the amount of $8500 is deposited on Monday the 19th, to a new account, what is the Reg CC funds availability schedule?

A

Day 1: Monday: $8,500 Treasury Check Deposit
Day 2: Tuesday: $6,725 - Next Day Availability for U.S Treasury Checks
Day 3: Wednesday: Hold in amount of $1,775 - Extended hold
Day 4: Thursday: Hold in amount of $1,775 - Extended hold
Day 5: Friday: $1,775 released

Note in this example: U.S Treasury check used to open a new account. Next day availability applies because of U.S Treasury check, but because it’s a new account AND large deposit the $6725 limit applies to the availability amount. Remaining balance subject to extended hold.

71
Q

How much REG CC Disclosures appear?

A

Clear, conspicuous, and in writing.

In a form that the customer may keep, other than those posted at:
- locations where employees accept consumer deposits
- ATMs
- preprinted deposit slips

Cannot contain information not related.

72
Q

Must disclosures follow the bank’s availability policy?

A

in most cases, yes, even though in some cases banks make funds available sooner or impose a longer delay.

73
Q

List the 2025 inflation adjustments

A

229.10(c)(1)(vii): Minimum amount = $275

229.12(d): Cash withdrawal amount = $550

229.13(a): New account amount = $6,725

229.13(b): Large deposit threshold = $6,725

229.13(d): Repeatedly overdrawn threshold = $6,725

229.21(a): Civil liability amounts for failing to comply with EFAA’s
- requirements: $125, $1,350 and $672,950

74
Q

How many days’ notice must a bank provide, prior to implementing changes to their funds availability policy?

A

30 Days

75
Q

What’s an example of a change in a banks REG CC policy that would require notice?

A

Changes to the availability dollar amounts

76
Q

How many days notice must a bank provide if the change is favorable to the customer?

A

If change expedites the availability of funds (favorable to customer), notice should be sent no later than 30 days after implementation.

77
Q

Are RDC deposits covered by Subpart B of Regulation CC?

A

No. But they must be governed by agreement.

78
Q

Define Substitute per REG CC 229.2 (Check 21 and Substitute checks)

A

Paper reproduction of an original check that:

  • Legal equivalent of original check for all purposes and must accurately represent all information on the original checks.
  • Must bear legal legend and must include all indorsements.
  • Contains image of front and back of original check
  • Bears a MICR line that contains all information appearing in MICR line of original check as issued
  • Conforms to industry standards (X9.100-140)
  • Suitable for automated processing same as original
79
Q

According to Subpart D provisions for substitute checks, what must a substitute check include?

A

Legal equivalent of original check for all purposes – must accurately represents all information on original check; bear legal legend and must include all indorsements
* Identifies both the Reconverting Bank and Truncating Bank

80
Q

A Financial institution that transfers, presents, or returns a substitute check (or paper copy or image or substitute check) warrants that:

A

Meets all requirements for legal equivalency

Accurately represents the information from the front and back of the original check and includes the required legend identifying it as legal copy of original check

No double debit (warranty against duplicates)

81
Q

Are there double debit warranties for Substitute checks per Reg CC?

A

No

82
Q

In the front facing position view of a forward presentment Substitute check, what information is contained on the far left of the check (outside of the actual check image) in a horizontal view?

A

Creating Institution, Routing Number, Creation Date & Sequence, Number and Legal Legend below.

83
Q

In the front facing position view of a forward presentment Substitute check, what information is contained to the left but on the outside of the actual check image, displayed in a vertical position?

A

Original Truncating
Institution Routing
Number, Date &
Sequence

84
Q

What is the EPC code that identifies a Substitute check and where is it located?

A

4, located to the left of the routing number on the MICR line of the Substitute check, copied from the original check image.

85
Q

Is the bank that creates a substitute check going to be the same as the truncating bank, or the BOFD?

A

No.

86
Q

Describe the back of a forward substitute check?

A

When viewing horizontally, far left (top) of check, outside of the image: Subsequent endorsements on original substitute check, with last 4 endorsement printed in oldest to newest sequence. Creator endorsement is most recent.

Image of check on the IRD will have the BOFD endorsement area for Original IRD printed on Original Substitute check - located in vertal formant relative to horizontal view, below of standard BOFD endorsement line of the original deposit and, BOFD endorsment areas for subsequent IRDs

87
Q

What’s the difference between Substitute Check and IRD?

A

None. Image Replacement Document (IRD) technically defined in standard x9.100-140. Substitute check is defined in Reg CC which references the x9.100.10 standard.

88
Q

What is the definition of an IRD / Substitute Check?

A

Definition for substitute check (229.2(aaa)):
– Legal equivalent of original check for all purposes
– Contains image of front and back of check
– Conforms to industry standards
– Suitable for automated processing
– Accurately represents all information on original check
– Bears the required legal legend
– Includes all indorsements and includes identification of party creating it (reconverting bank)

89
Q

Define Copy of an original check per Regulation CC

A

Copy of an original check means any:

– Paper reproduction of an original check, including a paper printout of an electronic image of the check, a photocopy of the original check, or substitute check; or

– Electronic reproduction of a check that a recipient has agreed to receive from the sender instead of a paper reproduction

90
Q

Define Sufficient copy of an original check per Regulation CC

A

Sufficient copy: Copy of an original check that:
– Accurately represents all of the information on the front and back of the original check as of the time the original check was truncated; or
– Is otherwise sufficient to determine whether or not a claim is valid

91
Q

What is Check 21 Act: Expedited Recredit

A

Expedited recredit refers to a consumer making a claim on a substitute check not properly paid. Example:

  • Consumer receives statement notices IRD is not properly charged or consumer has a warranty claim.
  • Consumer must make a claim within 40 calendar days from statement date
  • Paying Bank must provide consumer with the original check or sufficient copies of the original check OR must re-credit them within 10 business days after banking day claim was received.
  • Note: If it takes longer than 10 banking days, they must recredit the customer up to $2500

Paying bank must make a claim with the Reconverting bank within 120 calendar days from the date of transaction.
- Reconverting Bank must provide paying bank check copy or re-credit within 10 BUSINESS days after BANKING day claim was received. This determines whether there is a valid claim or not.

92
Q

What are the timeframes for expedited recredit?

A

40 days for consumer to make claim
10 BUSINESS days after BANKING day claim was received from customer
120 CALENDAR days for paying bank to make claim with Reconverting bank
10 BUSINESS days after BANKING Day for Reconverting bank to recredit paying bank

93
Q

How must a consumer be made aware of expedited recredit protections?

A

Through Disclosures which must:

Describe substitute check is legal equivalent of original check and recredit rights/how they apply if consumer believes substitute check not properly charged to account

Disclosure required to consumers who:
– Receive paid checks with periodic statements or on occasional basis
– Provide disclosure to consumer customer who requests original or copy, or receives a substitute check at the time of request
* Example: FI returns a substitute check to depositing customer (return item for NSF item)

94
Q

Does a bank that creates a substitute provide indemnities?

A

Bank that creates substitute check, or other representation, provides indemnity (if loss is due to a result of the IRD, reconverting bank is liable)

  • Indemnifies all parties for loss, if loss is due to receipt of substitute check instead of original item
  • Consequential damages rest with financial institution that creates substitute check
95
Q

How can a reconverting bank limit its liability?

A

If the original item or copy can be reproduced

Also, by comparative negligence. When an issue occurs the fault and and/or negligence of each party involved is based on their respective contribution to the issue.

96
Q

What is Comparative Negligence>

A

When an issue occurs the fault and and/or negligence of each party involved is based on their respective contribution to the issue.

NCP Flashcards Created By Me (4 decks)

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