Clarks' The Law of Bank Deposits, Collections and Credit Cards
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Drafting Tips, Compliance Guidelines, Litigation Strategies
The rules governing bank deposits and collections are not always clear. Yet strict deadlines force you to make decisions fast -- knowing that one wrong move could mean costly legal trouble for your bank.
The Law of Bank Deposits, Collections and Credit Cards -- cited by the courts and renowned for its thoroughness, authority, and currency -- guides you safely through the maze of today’s tough statutes and regulations and ever-changing case law. At a glance, you can find all the guidance you need to avoid legal complications for your institution or client involving bank deposits, collections, and credit cards. The authors also provide an in-depth look at important cases and provide concrete, workable ideas and guidance on what action you can take to prevent possible problems.
This comprehensive reference does so much more than just report the law; it gives you everything you need to map out a course of action that will help prevent legal complications and help you prevail in court should a lawsuit occur. You’ll get answers to all your questions on such issues as:
• Suggested provisions for your deposit agreement
• Compliance with CFPB regulations affecting consumer deposit accounts
• ACH mobile payment rules
• Mitigating risks resulting from corporate deposit account takeover by hackers
• The Credit CARD Act
• EFT transfers under Regulation E
• The use of contractual “cutdown” deposit agreement provisions to limit the risk of check or wire fraud
• Wire transfers under Uniform Commercial Code (UCC) Article 4A and FedWire
• Legal and operational problems surrounding bank setoff
• Federal preemption
• The impact of Regulation CC on check kiting cases
• How banks can protect themselves against “desktop forgery”
• Whether there is a duty to report a suspected kite
• How the UCC affects forged endorsement cases
• When payment can be stopped on cashier’s checks
• Compliance problems under Regulation DD (Truth in Savings)
• Interstate banking and its impact on collection and payment
• Consensual security interests in deposit accounts under Article 9 of the UCC
• Suggested state-of-the-art provisions for your deposit agreements
• Bank liability for late return of checks
• Bank collection of documentary drafts
• How banks can “export” credit card interest rates and other terms
• Stored-value products and other new payment systems
• Cash management products
• Legal pitfalls in garnishment of deposit accounts
• Bank liability for depositor wrongdoing
To get the best available guidance on bank deposits and collections, order The Law of Bank Deposits, Collections and Credit Cards today!
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Table of contents
Table of Contents
Chapter 1 Introduction and General Principles
Chapter 2 Relationship Between Drawer and Payee: Negotiable Instruments Law
Chapter 3 Relationship Between Drawer and Drawee Bank
Chapter 4 Relationship Between Holder and Drawee Bank
Chapter 5 Rights and Duties of Collecting Banks
Chapter 6 Final Payment and the Midnight Deadline
Chapter 7 Funds Availability Under Regulation CC
Chapter 8 Check Collection Under Regulation CC
Chapter 9 Check Fraud: Kiting
Chapter 10 Check Fraud: Forged and Counterfeit Checks
Chapter 11 Check Fraud: Alterations
Chapter 12 Check Fraud: Forged Indorsements
Chapter 13 Bank Collection of Documentary Drafts
Chapter 14 The Letter of Credit
Chapter 15 Bank Credit Cards
Chapter 16 Truncation, Conversion, Image Exchange, and Stored Value
Chapter 17 Wire Transfers
Chapter 18 Setoff and Security Interests
Chapter 19 Truth in Savings
Chapter 20 Cash Management Products
Chapter 21 Garnishment of Deposit Accounts
Chapter 22 Bank Liability for Depositor Wrongdoing
Chapter 23 Money Laundering
Chapter 24 Remittance Instruments
Table of State Enactments of Revised Articles 3, 4, and 4A
Old and Revised UCC: Correlation Tables
Table of Cases
Table of Statutes