ACH Check Conversion and Check 21

NACHA Electronic Check Council—Quick Reference Chart*

Highlights And Key Features Of ACH Check Conversion AND Check 21

January 2004

Check Conversion Subject Check 21 (ARC and POP)

THE BASICS

What it is Paper check payment is Paper check payment is converted to an ACH electronic imaged; the image is later payment. This works as follows: converted into a substitute • Paper check is tendered for check. The substitute check is payment. used in the paper check • Using MICR scanner, payee collection system. This works as scans MICR data from follows: check. • Paper check is captured and • Payee adds payment converted into a digital amount and name of payee, image. (This step is not then transmits data through covered by Check 21 Act.) the ACH Network to debit • An FI—the reconverting customer’s account. bank—uses the digital image • In ARC, the check is to create a substitute check, destroyed after conversion; which is a paper in POP, the check is reproduction of the original returned to the checkwriter check (front and back). at the time of payment. The substitute check must bear These transactions flow through this legend: “This is a legal the ACH Network. copy of your check. You can use it the same way you would use the original check.”

These transactions do not flow through the ACH Network. Enabling legislation or NACHA Operating Rules Check Clearing for the 21st rules (see also Legal Century Act Framework below)

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*Used with Permission from NACHA

This chart provides top-level, basic, simplified information about the ACH Network’s ARC and POP services under NACHA Operating Rules compared to the provisions of the Check Clearing for the 21st Century Act. Information in this chart should be not relied on for legal, regulatory, strategic, marketing, operational or other purposes; review the underlying legal, regulatory and rules documents for detailed information.

NACHA Electronic Check Council—Quick Reference Chart*

Highlights And Key Features Of ACH Check Conversion AND Check 21

January 2004

Check Conversion Subject Check 21 (ARC and POP) What the enabling Transmission or exchange of Creation, transmission or legislation or regulation copies. exchange of images. does not cover Why was it developed Provides benefits such as Provides framework for changes efficiency and additional in check processing that can consumer protection to nation’s benefit the nation’s payment payment system by handling system by handling efficient cost-effective electronic electronic transactions (faster transactions (faster collection collection and return of checks), and return of payments), while while allowing customers to allowing customers to continue continue writing checks and to writing checks. obtain substitute checks that legal equivalent of original check. When service began/ POP: 1999 October 28, 2004 will begin ARC: 2002

ORIGINAL CHECK COPIES/IMAGES

Type of allowable non- ARC: Reproducible, legible, This is not covered under the paper copy of the image, microfilm or copy (copy Act. It is anticipated that the original paper check of front of check required; copy Recon-verting Bank is likely to of back of check optional). have an image of the front and back of the original check. POP: No copy required; Other banks in payment system consumer receives the check will have appropriate copies back at the time of payment. such as microfilm or image. When non-paper copy ARC: In lockbox processing. This is not covered under the of original check is Act. It is anticipated that a copy made POP: No copy required; may be made at point of consumer receives the check capture, branch, ATM, etc. back at the time of payment. Other banks in payment system may make copies during check processing. Disposition of original ARC: Destroyed by payee within Not covered by the Act. paper check 14 calendar days.

POP: Returned to customer at time of payment.

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NACHA Electronic Check Council—Quick Reference Chart*

Highlights And Key Features Of ACH Check Conversion AND Check 21

January 2004

Check Conversion Subject Check 21 (ARC and POP) Length of time non- ARC: 2 years; held by ODFI or Covered by UCC (typically paper copy of check is agent. requires 7 Years). retained POP: No copy required; consumer receives the check back at the time of payment. How checkwriter ARC: Ask own FI or payee. May receive substitute check in obtains: bank statement; may request • Paper copy of POP: Checkwriter already has substitute check from Paying original check check. Bank. (ACH) • Substitute check (Check 21)

LEGAL FRAMEWORK AND CONSUMER PROTECTION

Legal Framework • Electronic Fund Transfer Act • Check Clearing for the 21st • Regulation E Century Act • NACHA Operating Rules • Regulation CC • Fed Operating Circular • Clearing house rules • Fed Operating Circular Legal status of Covered by electronic banking Covered by Check 21 and check payment law and regulations. Check law. Substitute check is the becomes a source document legal equivalent of the original and is not negotiated; it is check for all purposes. therefore not covered by check law. Relationship to state Applicable state laws must be Supercedes state law that is law followed; however, ACH- inconsistent with Act. oriented state laws are rare. Underlying standards NACHA Operating Rules X9B standards Proof of payment (1) Payment listing on check Same as in current paper check statement (includes payee environment but the substitute name) check is used in place of the (2) copy of check original check.

Consumer protection Right to dispute payment and Expedited Recredit (set forth in amount (set forth in Electronic Check Clearing for the 21st Fund Transfer Act and Century Act); Regulation CC (to Regulation E). be amended by Fed for this purpose); UCC.

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NACHA Electronic Check Council—Quick Reference Chart*

Highlights And Key Features Of ACH Check Conversion AND Check 21

January 2004

Check Conversion Subject Check 21 (ARC and POP) Timeframe for 60 days from day of settlement. 40 days from date the consumer disputes statement is mailed or substitute check is made available to consumer. Information on Date, amount, payee, check This is not covered by the Act, customer statement number; no copy of check but typical practices are expected to be: • If checks are returned with statement: substitute checks • If images are returned with statement: image of check or substitute check • If neither check or image is returned: date, check number and amount on statement

ELIGIBLE ITEMS

Types of checks eligible Consumer checks drawn on All checks drawn on U.S. banks U.S. banks in U.S. dollars. in U.S. dollars. Can RDFI/Paying Bank No; all RDFIs must accept these No; all paying banks must choose not to receive transactions. accept substitute checks. these transactions.

CHECKWRITER AUTHORIZATION

Authorization required Biller or retailer obtains None from checkwriter to authorization from checkwriter convert or truncate to convert checks Checkwriter right of Payee may, but does not have None for substitute checks. Act refusal to allow con- to, allow checkwriter to “opt does not cover other forms of version or truncation out” of electronification check electronification, which (i.e., check may require authorization. electronification)

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NACHA Electronic Check Council—Quick Reference Chart*

Highlights And Key Features Of ACH Check Conversion AND Check 21

January 2004

Check Conversion Subject Check 21 (ARC and POP) Provides information Payee provides information FIs must provide consumer about authorization about authorization at time awareness about substitute authorization is obtained. checks. Payment authorization Checkwriter can contact payee is customer signature. or FI for more information.

RETURNS

Reasons for return Usual ACH reasons plus POP- Usual check reasons; possibly and ARC-specific reasons violations of warranties in the Act Stop payments allowed Yes Yes Return as unauthorized Yes, with statement under Same as original check penalty of perjury Maximum number of 3 2 presentments

OTHER INFORMATION

Other names for this Electronic check, eCheck Check truncation; CTA; Check service ARC: Accounts Receivable Truncation Act POP: Electronic check conversion For more information • NACHA – The Electronic • ABA – ABA.com Payments Assn. • BAI – BAI.org • Regional Payments Assns. • ECCHO – ECCHO.org • Electronic-check.org • Federal Reserve • NACHA Operating Rules • NACHA / Electronic Check Council: Ecc.nacha.org • Most banking trade associations • The Act; regulations • Congressional Record

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