Business Law and the Regulation of Business Chapter 28: Bank Deposits, Collections, and Fund Transfers By Richard A. Mann & Barry S. Roberts

Topics Covered in this Chapter I.Bank Deposits and Collections A. Collection of Items B. Relationship Between Payor Bank and Its Customer II.Electronic Funds Transfers A. Types of Electronic Funds Transfers B. Consumer Funds Transfer C. Wholesale Funds Transfers

Collection of Items n Depositary Bank – the bank in which the payee or holder deposits a check for credit. n Intermediary Bank – a bank, other than the depositary or payor bank, involved in the collection process. n Collecting Bank – any bank (other than the payor bank) handling the item for payment.

Credit n Provisional Credit – tentative credit for the deposit of an instrument until final credit is given. n Final Credit – payment of the instrument by the payor bank; if the payor bank (drawee) does not pay the check, the depositary bank reverses the provisional credit.

Credit Transactions Originator Originator’s Bank Intermediary Bank (if any) Beneficiary’s Bank Beneficiary

Collecting Bank n Agency – a collecting bank is an agent or subagent of the owner of the check until the settlement becomes final. n Duty of Care – a collecting bank must exercise ordinary care in handling an item. n Duty to Act Timely – a collecting bank acts timely if it takes proper action before its midnight deadline (midnight of the next banking day). n Warranties – customers and collecting banks give warranties on transfer, presentment, and encoding.

Bank Collections Holder Depositary Bank (Collecting bank) Intermediary Bank (Collecting bank) Payor Bank (Drawee bank) Drawer check originally issued to payee $ or account credited or returned check $ or returned check account debited check canceled check

Payor Bank n Under its contract with the drawer, the payor or drawee bank agrees to pay to the payee or his order checks that are issued by the drawer, provided the order is not counter- manded by a stop payment order and if there are sufficient funds in the drawer's account. n Final Payment – occurs when the payor bank does any one of the following: (1)­pays an item in cash; (2)­settles without the right to revoke the settlement; or (3)­makes a provisional settlement and does not properly revoke it.

Payor Bank and Customer n The relationship between a payor bank and its checking account customer is contractual. n Payment of an Item –a payor bank may either dishonor and return an item for which the funds in the account are insufficient or pay the item and charge the customer's account even though an overdraft is created. n Stop Payment Orders – an oral stop payment order is binding for fourteen calendar days; a written order is effective for six months and may be renewed in writing.

Payor Bank and Customer n Bank's Right to Subrogation on Improper Payment – if a payor bank pays an item over a stop payment order or otherwise in violation of its contract, the payor bank is subrogated to (obtains) the rights of (1)­any holder in due course on the item against the drawer or maker; (2)­the payee or any other holder against the drawer or maker; and (3)­the drawer or maker against the payee or any other holder.

Payor Bank and Customer n Disclosure Requirement – all depositary institutions must disclose in great detail to their consumers the terms and conditions of their deposit account. n Customer’s Death or Incompetence – a bank may pay an item if it does not know of the customer's incompetency or death. n Customer's Duties – the customer must examine bank statements and items carefully and promptly to discover any unauthorized signatures or alterations.

Nature and Types of Electronic Funds Transfers n Definition – any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, or computer or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. n Purpose – to eliminate the paperwork involved in processing checks and the “float” available to a drawer of a check.

Types of Electronic Funds Transfers n Automated Teller Machines n Point-of-Sale Systems n Direct Deposits and Withdrawals n Pay-by-Phone Systems n Wholesale Electronic Funds Transfers

Consumer Funds Transfers n Electronic Fund Transfer Act – provides a basic framework establishing the rights, liabilities, and responsibilities of participants in consumer electronic fund transfers. n Financial Institution Responsibility – liable to a consumer for all damage proximately caused by its failure to properly handle an EFT transaction.

Wholesale Funds Transfers n The movement of funds through the banking system; excludes all transactions governed by the Electronic Fund Transfer Act. n Payment Order –instruction of sender to a receiving bank to pay, or to cause another bank to pay, a fixed amount of money. –Parties – include originator, sender, receiving bank, originator's bank, beneficiary's bank, beneficiary, and intermediary banks. n Acceptance – rights and obligations that arise as a result of a receiving bank's acceptance of a payment order.

Parties to a Funds Transfer