Regulation J Flashcards

(38 cards)

1
Q

What does Regulation J govern?

A

Collection of checks and other items by Federal Reserve banks and funds transfers through Fedwire

Issued by the Board of Governors of the Federal System pursuant to the Federal Reserve Act and other laws.

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2
Q

What is Subpart A of Regulation J focused on?

A

Collection of checks and other items by Federal Reserve banks

Includes warranties and indemnities given to FRBs by parties that send items for collection.

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3
Q

What does Subpart A include regarding FRBs?

A

Warranties and indemnities given to FRBs and by FRBs

Covers losses associated with their collection of items.

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4
Q

What is the purpose of operating circulars under Regulation J?

A

Govern details of the collection of checks and other items

These have a binding effect on all parties with an interest in the item.

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5
Q

What is Operating Circular 3 related to?

A

Collection of Cash Items and Returned Checks

It provides specific rules regarding the collection process.

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6
Q

What does Subpart B of Regulation J govern?

A

Funds transfers through the FRB’s Fedwire Funds Service

Also governed by FRBs Operating Circular No. 6.

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7
Q

What is included in the overview of Regulation J?

A

Authority, purpose, and scope of Regulation J

Not all-inclusive details are provided in Subpart A.

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8
Q

Fill in the blank: Regulation J is issued by the _______.

A

Board of Governors of the Federal System

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9
Q

True or False: Regulation J includes provisions for indemnities related to item handling.

A

True

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10
Q

What is the primary function of the Federal Reserve Bank (FRB) regarding items?

A

Receive and handle items in accordance with this subpart

This includes issuing operating circulars governing details of handling items.

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11
Q

What do operating circulars (‘Circulars’) issued by the FRB govern?

A

Details of handling of items

Circulars may classify cash/noncash items, require separate sorts, and establish adjustment procedures.

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12
Q

What is the binding effect of Reg J and Subparts C and D of Reg CC?

A

They are binding on all parties with interest in items handled by any FRB

This includes both the sender and the FRB.

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13
Q

Who may send items to the Federal Reserve Banks (FRBs)?

A

Any sender other than a FRB

This implies that individuals or entities can send items to any FRB.

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14
Q

What includes the handling of items by parties involved?

A

Initial sender, initial sender’s administrative FRB, and FRB that receives the item

This highlights the chain of handling items through different parties.

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15
Q

What warranties does the sender provide when sending an item to a FRB?

A

Entitlement to enforce the item, item has not been altered

The sender’s agreement includes warranties and authorizations that cannot be disclaimed.

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16
Q

Fill in the blank: By sending an item to a FRB, the sender _______.

A

Authorizes FRB and any other FRB or collecting bank to handle the item for collection

This includes warranties regarding the sender’s authority.

17
Q

True or False: The sender’s warranties can be disclaimed if the item does not bear an indorsement of the sender.

A

False

Warranties made by the sender are binding regardless of indorsement.

18
Q

What does an item bear from parties that previously handled it?

A

All indorsements for forward collection or return

19
Q

What warranties and indemnities does an item make in relation to Reg CC Subparts C and D?

A

To each FRB that handles the item

20
Q

What does the FRB’s operating circulars require regarding warranties and indemnities?

A

Makes warranties and indemnities as set forth in FRB’s operating circulars

21
Q

What is the status of the FRB that handles an item?

A

Acts as agent or subagent of the owner until final payment is received

22
Q

What is the limitation of FRB liability?

A

Assumes no liability except for lack of good faith or failure to exercise ordinary care

23
Q

What does the sender agree to indemnify each FRB for?

A

Any loss or expense due to sender’s lack of authority or breach of warranties or indemnities

24
Q

What does the FRB rely on for presenting items?

A

Routing designation of the paying bank or nonbank payor appearing in any form on the item

25
What can the FRB or subsequent collecting bank do with items?
* Present item for payment * Send for presentment and payment * Send to a subsequent collecting bank with authority to present it
26
How shall the paying bank settle for an item?
With its Administrative FRB, regardless of whether it received the item from that FRB
27
What form of settlement may be made with the FRB?
Debit to an account on the FRB's books or another form agreed upon
28
What can a paying bank send if a cash item is unavailable for return?
A notice in lieu of return as provided in Regulation CC
29
What may the FRB require regarding noncash items?
Paying or collecting bank to pay for that item by debit to an account on the FRB's books
30
What must the FRB publish regarding cash items and returned checks?
A time schedule for when amounts are counted toward reserve balance requirements
31
What type of credit may the FRB give to a sender or bank?
Immediate or deferred credit
32
What is the role of the FRB regarding noncash items?
The FRB shall give credit to the sender for proceeds of a noncash item when it receives payment in actually and finally collected funds ## Footnote This ensures that the sender is credited only upon confirmation of payment.
33
What can a paying bank do with a cash item before it has finally paid the item?
Return the item to any FRB in accordance with regulation and operating circulars ## Footnote This action is subject to the rules or practices of a clearinghouse or special collection agreements.
34
How does the FRB handle returned checks or notices of nonpayment?
In accordance with Subpart C of Regulation CC and operating circulars ## Footnote This ensures compliance with federal regulations.
35
What happens if the FRB does not receive payment in actually and finally collected funds for an item?
The FRB shall recover by charge-back the amount of the item from the sender, prior collecting bank, paying bank, or returning bank ## Footnote This recovery occurs regardless of whether the item itself can be sent back.
36
What does Subpart B govern?
Funds transfers through FRB wire and the rights and obligations of: * FRB sending and receiving payment orders * Senders that send payment orders directly to a FRB * Receiving banks that receive payment orders directly from a FRB * Beneficiaries that received payment for payment orders sent to a Federal FRB * Other parties to a funds transfer through Fedwire ## Footnote Subpart B incorporates provisions of Article 4A of the UCC.
37
What is the legal basis for Subpart C governing funds transfers through the FedNow Service?
Issued pursuant to the Federal Reserve Act and has the force and effect of Federal law ## Footnote This includes references to specific sections of the U.S. Code.
38
True or False: Subpart C is considered a funds-transfer system rule as defined in Section 4A-§501(b) of Article 4A.
False ## Footnote Subpart C is not defined as a funds-transfer system rule.