Brady on Bank Checks and Funds Transfers
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In any economic environment, it is critical for financial institutions to ensure that they are not left "holding the bag" when a large payment goes wrong. Brady on Bank Checks and Funds Transfers, the leading publication on bank checks and electronic funds transfers, provides easy-to-use information to help you ensure that all your transactions involving bank checks and electronic funds transfers are handled properly under current case law and in compliance with applicable laws and regulations. It specifically addresses financial institution liability in these areas.
Brady on Bank Checks and Funds Transfers provides comprehensive commentary and guidance to bankers and practitioners concerned with the complexities of Uniform Commercial Code Articles 3, 4, and 4A as they relate to bank checks and funds transfers. This authoritative treatise addresses the issue, transfer, collection, and payment of checks; the return of unpaid checks; substitute checks; electronic checks; electronic funds transfers; and forgeries and alterations.
The legal analysis is supported with numerous citations to the most recent and relevant statutes, regulations, and cases -- resulting in an incomparable resource for all your practical questions or legal research involving bank checks and funds transfers. In fact, Brady on Bank Checks and Funds Transfers is recognized throughout the legal profession as a top authority on the law of bank checks and is often cited by the courts. This leading treatise covers:
• Compliance with applicable provisions of Regulation E
• General characteristics of checks
• Check problems prior to collection or payment
• Deposit and collection of checks
• Substitute checks
• Electronic checks
• Electronic funds transfers
• Unauthorized deposits
• Payment of checks
• Nonpayment of checks
• Wrongful dishonor and the return of unpaid checks
• Stop payments
• Embezzlement and fraud resulting from check alteration and forgery
• Conflict of laws involving checks in interstate or international transactions
• Compliance with Regulation CC
• UCC Articles 3, 4, and 4A
• Relationship between the UCC and other laws
In addition, Brady on Bank Checks and Funds Transfers covers a broad range of developments that affect financial institution liability:
• Collection and payment of checks: includes coverage of UCC-related provisions and the Federal Expedited Funds Availability Act/Regulation CC, and the Check 21 Act as related to financial institution liability in the collection process.
• Nonpayment, return, and chargeback of checks: provides coverage of UCC-related provisions and the Federal Expedited Funds Availability Act/Regulation CC involving dishonor, return, and chargeback of checks, and stop payment orders as related to financial institution liability in the process.
• Alteration and forgery of checks: includes coverage of UCC-related provisions that allocate liability among financial institutions for loss resulting from alteration of checks, forgery of checks, forgery of endorsements on checks, and other forms of check fraud.
• Funds transfers: includes coverage of UCC Article 4A, which governs so-called "wholesale wire transfers" of funds as related to financial institution liability when involved with a UCC Article 4A funds transfer. Also includes bank liability for funds transfer security procedures.
• Regulation E, including the regulation of overdraft service charges by a bank when the overdraft occurs by a consumer in an electronic funds transfer governed by the Electronic Fund Transfer Act.
To keep up-to-date with all the changes in law that affect bank checks and electronic funds transfers, order Brady on Bank Checks and Funds Transfers today.
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Table of contents
Table of Contents
PART I GENERAL CHARACTERISTICS OF CHECKS
1 The Legal Background and Kinds of Checks
2 Negotiability and Essential Elements of Check
3 Problems of Signatures and Other Ambiguities
4 Effect of Giving Check
PART II CHECK PROBLEMS PRIOR TO COLLECTION OR PAYMENT
5 Delivery and Incomplete Checks
6 Value and Consideration for Checks
7 Indorsement and Transfer
8 Holders in Due Course; Good Faith and Absence of Notice
9 Other Problems of Holders in Due Course
PART III DEPOSIT AND COLLECTION OF CHECKS
11 General Principles of Bank Deposits and Collections
12 Problems of Bank Deposits and Collections
13 Check of Principal or Trust Used by Agent or Fiduciary for Personal Benefit
14 Presentment for Payment
PART IV PAYMENT OF CHECKS AND OTHER FUNDS TRANSFERS
15 Final Payment of Checks
16 Problems of Payment of Checks
17 Settlement for Payment and Problems of Bank Insolvency
18 Availability of Funds for Deposited Checks: Regulation CC
19 Overdrafts and Check-Kiting Problems
20 Funds Transfers Under Uniform Commercial Code Article 4A
21 Encoded Checks, Electronic Funds Transfers, and Check 21 Act
PART V NONPAYMENT OF CHECKS
22 Dishonor and Wrongful Dishonor of Check
23 Notice of Dishonor and Protest of Unpaid Check
24 Return, Chargeback, and Delayed Return of Unpaid Check
25 Collection and Return of Unpaid Check Under Regulation CC
26 Stopping Payment: Subrogation of Bank
PART VI ALTERATION AND FORGERY
27 Altered Checks
28 Forged Checks
29 Forged Indorsements on Checks
30 Rights of Payee or Third Person Where Indorsement Is Forged
31 The Imposter and Fictitious-Payee Rules
32 Examination of Bank Statements and Canceled Checks
PART VII WHAT LAW GOVERNS
33 Conflict of Laws
Table of UCC Sections
Table of Disposition of 1962 Article 3 Sections
Table of Antecedents of 1990 Article 3 Sections
Table of Cases