Clarks' The Law of Bank Deposits, Collections and Credit Cards

Author(s): Barkley Clark (Author), Barbara Clark (Author)

Cited by the courts and renowned for its thoroughness, authority, and currency, this treatise guides you safely through the maze of tough statutes, regulations, and case law. Clarks' The Law of Bank Deposits, Collections and Credit Cards provides an in-depth look at important cases and provides concrete, workable ideas and guidance on what action you can take to prevent possible problems.

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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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