To All Depository Institutions and Others Concerned in the Second Federal Reserve District:
The Federal Reserve Board proposes to amend Regulation J which governs Reserve Bank’s collection of checks and other cash items, to cover the entire range of check processing services that the Reserve Banks plan to offer once the Check Clearing for the 21st Century Act (Check 21 Act) takes effect on October 28, 2004.
The Check 21 Act permits banks to use substitute checks in place of original checks in the check collection or return process. The Act does not require any bank to accept checks electronically, but facilitates the use of electronic transmission between banks that agree to use that technology. In light of the Act’s provisions, the Reserve Banks plan of offer a wider range of electronic check processing services. The proposed amendments would bring electronic items within the scope of Regulation J and would establish new warranties and an indemnity that would apply to electronic items for which there is no other warranty and indemnity protection.
Comments on the proposed rule are requested by July 26, 2004.
Stephanie A. Heller
Counsel and Vice President