Notes
Slide Show
Outline
1
Check-21 & the Fed
 
FMS Seminar
March 18, 2004
2
Why are we here?
3
Cycles of payments
4
Hypothetical forecast of the future
2002 - 2010
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Why should we care about checks?
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Why should we care about checks?
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Check 21 Basics
  • Check 21 gives new rights to collecting entities
      • Check 21 allows collecting bank to convert physical check to a physical, machine-readable, paper-substitute
        • Paper substitute has the same legal force as the original
        • Any check can be converted
        • Check 21 is a law

  • Check 21 does not:
      • Provide legal coverage for image exchange
      • Mandate image
      • Determines what constitutes legal presentment

8
The Substitute Check
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Check 21 basics
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Check 21 basics
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Check 21 basics
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Electronic Check Illustration Post-Check 21, physical cashletter 4
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With freedom comes responsibility
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Consumer Protections
  • Existing check law


    • UCC Articles 3 and 4: A bank may only charge a properly payable check to a customer’s account
      • Banks must resolve claims timely in order to limit liability

    • Federal Reserve Board’s Regulation CC (Expedited Funds Availability Act)

15
Consumer Protections
  • Additional Check 21 protections (warranties and indemnity)


    • A bank that creates a substitute check warrants that:
      • The substitute check meets the legal equivalence requirements
      • Payment will not be requested based on a check that has already been paid (no double debit)


    • Bank that creates substitute check indemnifies all parties for loss, if loss is due to receipt of substitute check rather than the original check
      • Consumer may make claim under Act for substitute check that was not properly charged or for warranty claim
      • Consumer suffered loss
      • Original check or substitute check necessary to determine validity

16
Consumer Protections
  • Expedited recredit provisions for consumers
    • Conditions
      • A substitute check was not properly charged to the consumer’s account or there was a warranty breach,
      • The substitute check was provided to the consumer,
      • The consumer suffered a resulting loss, and
      • The original check or a better copy is needed to resolve the claim
      • Claim must be filed within 40 days of receipt of the relevant statement or substitute check
    • The consumer’s bank must produce original check (or a better copy of the original) showing that the substitute check was properly charged; otherwise the bank must provide an expedited recredit
    • The bank may reverse the recredit if it determines that the substitute check was properly payable




17
Check-21 & the bottom-line
  • Will Check-21:
  • reduce my operating costs?
  • reduce fees I pay?
  • reduce my collection float?
  • reduce my fraud losses?
  • retain good customers?
  • attract new customers?
  • generate new fees & NIM?
  • make me more competitive?


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Check-21 choices: the passive approach
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Check-21 planning
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Thinking about Check-21 from a DI’s perspective
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Outbound return (where bank is dishonoring a check)
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Where is the money?
  • Proof & Transit
      • Float improvement
      • POD reengineering/Couriers
      • Branch cut-offs, float extended to customers, business accounts
      • Fee improvement
  • Outbound Returns
      • Reengineer returns processing/Couriers
      • Fee improvement
  • On-Us Processing
      • Convert accounts to safekeeping & consequent backroom savings
      • Outsource MICR/image capture activity, reduce/eliminate sorters
  • Inbound Returns
      • Fraud risk & loss
      • Process reengineering
      • Special instructions for business accounts


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Where’s the concern?
  • Paying customer resistance to truncation
  • Transit item truncation - bulk file
  • Administering claims
  • Substitute check issues
    • Quality control
    • Liabilities
    • Cost
    • Forgeries
  • Rate of Adoption
  • What about ARC?
  • Standards and rules
  • Adjustments
24
Fed platform readiness for Check-21
  • Capture anywhere, deliver anywhere
    • Standard check platform in all offices permits item kills & MICR edits for any customer nationwide
    • Image capture at any office, export to anywhere
    • FedLine-Web permits customers to view images or download files without regard to capture point
  • All of our services are in production
    • Largest payments processor in the US
    • More than 5.2 billion images now archived
    • Monthly Image Output  - January 2004
      • DLT and 8mm tape - 488 tapes created - 2.6 million images
      • CD ROM -6,911 CDs created - 48.8 million images
      • Internet file delivery - 230 customers, 47.6 million images transmitted
      • 175,523 images viewed, e-mailed or faxed via FedLine for the Web
25
Fed product readiness for Check-21
  • Clear checks
  • Convert paper check deposits to Images
  • Receive image cashletters
  • Capture images at Fed-of-First-Deposit for collection elsewhere in the US
  • Offer check-to-ACH conversion
  • Create image cashletters for presentment
  • Produce substitute checks
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Summary
  • Check is here to stay
      • Will be progressively smaller & much more expensive to handle as time goes on
  • Image and ACH conversion will accelerate the decline
      • Now at 3% - 5%; could be 5%+
  • Check-21 exploitation is about money in major process areas
      • Proof-of-Deposit & Outbound transit
      • Returns decisioning & Outbound returns
      • Inbound on-us, cycle/account sorting, bulk file, statement rendering & mailing
      • Inbound returns to BOFD, reclears, final disposition
  • Fed will have new services to help banks jumpstart their exploitation of Check-21
  • Fed services are not smoke-&-mirrors
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Questions?