Regulation
CC
Availability Of Funds And Collection Of Checks - Appendix E
XX. Section 229.34 Warranties
A. 229.34(a) Warranty of Returned Check
1. This paragraph includes warranties
that a returned check, including a notice in lieu of return, was
returned by the paying bank, or in the case of a check payable
by a bank and payable through another bank, the bank by which
the check is payable, within the deadline under the U.C.C. (subject
to any claims or defenses under the U.C.C., such as breach of
a presentment warranty), Regulation J (12 CFR part 210), or Sec.
229.30(c); that the paying or returning bank is authorized to
return the check; that the returned check has not been materially
altered; and that, in the case of a notice in lieu of return,
the original check has not been and will not be returned for payment.
The warranty does not include a warranty that the bank complied
with the expeditious return requirements of Secs. 229.30(a) and
229.31(a). These warranties do not apply to checks drawn on the
United States Treasury, to U.S. Postal Service money orders, or
to checks drawn on a state or a unit of general local government
that are not payable through or at a bank. (See Sec. 229.42.)
B. 229.34(b) Warranty of Notice of Nonpayment
1. This paragraph provides for warranties
for notices of nonpayment. This warranty does not include a warranty
that the notice is accurate and timely under Sec. 229.33. The
requirements of Sec. 229.33 that are not covered by the warranty
are subject to the liability provisions of Sec. 229.38. These
warranties are designed to give the depositary bank more confidence
in relying on notices of nonpayment. This paragraph imposes liability
on a paying bank that gives notice of nonpayment and then subsequently
returns the check. (See Commentary on Sec. 229.33(a).)
C. 229.34(c) Warranty of Settlement Amount, Encoding, and Offset
1. Paragraph (c)(1) provides that a
bank that presents and receives settlement for checks warrants
to the paying bank that the settlement it demands (e.g., as noted
on the cash letter) equals the total amount of the checks it presents.
This paragraph gives the paying bank a warranty claim against
the presenting bank for the amount of any excess settlement made
on the basis of the amount demanded, plus expenses. If the amount
demanded is understated, a paying bank discharges its settlement
obligation under U.C.C. 4-301 by paying the amount demanded, but
remains liable for the amount by which the demand is understated;
the presenting bank is nevertheless liable for expenses in resolving
the adjustment.
2. When checks or returned checks are
transferred to a collecting, returning, or depositary bank, the
transferor bank is not required to demand settlement, as is required
upon presentment to the paying bank. However, often the checks
or returned checks will be accompanied by information (such as
a cash letter listing) that will indicate the total of the checks
or returned checks. Paragraph (c)(2) provides that if the transferor
bank includes information indicating the total amount of checks
or returned checks transferred, it warrants that the information
is correct (i.e., equals the actual total of the items).
3. Paragraph (c)(3) provides that a bank
that presents or transfers a check or returned check warrants
the accuracy of the magnetic ink encoding that was placed on the
item after issue, and that exists at the time of presentment or
transfer, to any bank that subsequently handles the check or returned
check. Under U.C.C. 4-209(a), only the encoder (or the encoder
and the depositary bank, if the encoder is a customer of the depositary
bank) warrants the encoding accuracy, thus any claims on the warranty
must be directed to the encoder. Paragraph (c)(3) expands on the
U.C.C. by providing that all banks that transfer or present a
check or returned check make the encoding warranty. In addition,
under the U.C.C., the encoder makes the warranty to subsequent
collecting banks and the paying bank, while paragraph (c)(3) provides
that the warranty is made to banks in the return chain as well.
4. A paying bank that settles for an
overstated cash letter because of a misencoded check may make
a warranty claim against the presenting bank under paragraph (c)(1)
(which would require the paying bank to show that the check was
part of the overstated cash letter) or an encoding warranty claim
under paragraph (c)(3) against the presenting bank or any preceding
bank that handled the misencoded check.
5. Paragraph (c)(4) provides that a paying
bank or a depositary bank may set off excess settlement paid to
another bank against settlement owed to that bank for checks presented
or returned checks received (for which it is the depositary bank)
subsequent to the excess settlement.
D. 229.34(d) Damages
1. This paragraph adopts for the warranties
in Sec. 229.34 (a), (b), and (c) the damages provided in U.C.C.
4-207(c) and 4A-506(b). (See definition of interest compensation
in Sec. 229.2(oo).)
E. 229.34(e) Tender of Defense
1. This paragraph adopts for this regulation
the vouching-in provisions of U.C.C. 3-119.
F. 229.34(f) Notice of Claim
1. This paragraph adopts the notice
provisions of U.C.C. sections 4-207(d) and 4-208(e). The time
limit set forth in this paragraph applies to notices of claims
for warranty breaches only. As provided in Sec. 229.38(g), all
actions under this section must be brought within one year after
the date of the occurrence of the violation involved.
Subpart A - General
Subpart B -
Availability of Funds and Disclosure of Funds Availability Policies
Subpart C -
Collection of Checks
Appendices A
& B
Appendices C
& D
Appendix F
Credit
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