Regulation J Flashcards
(38 cards)
What does Regulation J govern?
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.
What is Subpart A of Regulation J focused on?
Collection of checks and other items by Federal Reserve banks
Includes warranties and indemnities given to FRBs by parties that send items for collection.
What does Subpart A include regarding FRBs?
Warranties and indemnities given to FRBs and by FRBs
Covers losses associated with their collection of items.
What is the purpose of operating circulars under Regulation J?
Govern details of the collection of checks and other items
These have a binding effect on all parties with an interest in the item.
What is Operating Circular 3 related to?
Collection of Cash Items and Returned Checks
It provides specific rules regarding the collection process.
What does Subpart B of Regulation J govern?
Funds transfers through the FRB’s Fedwire Funds Service
Also governed by FRBs Operating Circular No. 6.
What is included in the overview of Regulation J?
Authority, purpose, and scope of Regulation J
Not all-inclusive details are provided in Subpart A.
Fill in the blank: Regulation J is issued by the _______.
Board of Governors of the Federal System
True or False: Regulation J includes provisions for indemnities related to item handling.
True
What is the primary function of the Federal Reserve Bank (FRB) regarding items?
Receive and handle items in accordance with this subpart
This includes issuing operating circulars governing details of handling items.
What do operating circulars (‘Circulars’) issued by the FRB govern?
Details of handling of items
Circulars may classify cash/noncash items, require separate sorts, and establish adjustment procedures.
What is the binding effect of Reg J and Subparts C and D of Reg CC?
They are binding on all parties with interest in items handled by any FRB
This includes both the sender and the FRB.
Who may send items to the Federal Reserve Banks (FRBs)?
Any sender other than a FRB
This implies that individuals or entities can send items to any FRB.
What includes the handling of items by parties involved?
Initial sender, initial sender’s administrative FRB, and FRB that receives the item
This highlights the chain of handling items through different parties.
What warranties does the sender provide when sending an item to a FRB?
Entitlement to enforce the item, item has not been altered
The sender’s agreement includes warranties and authorizations that cannot be disclaimed.
Fill in the blank: By sending an item to a FRB, the sender _______.
Authorizes FRB and any other FRB or collecting bank to handle the item for collection
This includes warranties regarding the sender’s authority.
True or False: The sender’s warranties can be disclaimed if the item does not bear an indorsement of the sender.
False
Warranties made by the sender are binding regardless of indorsement.
What does an item bear from parties that previously handled it?
All indorsements for forward collection or return
What warranties and indemnities does an item make in relation to Reg CC Subparts C and D?
To each FRB that handles the item
What does the FRB’s operating circulars require regarding warranties and indemnities?
Makes warranties and indemnities as set forth in FRB’s operating circulars
What is the status of the FRB that handles an item?
Acts as agent or subagent of the owner until final payment is received
What is the limitation of FRB liability?
Assumes no liability except for lack of good faith or failure to exercise ordinary care
What does the sender agree to indemnify each FRB for?
Any loss or expense due to sender’s lack of authority or breach of warranties or indemnities
What does the FRB rely on for presenting items?
Routing designation of the paying bank or nonbank payor appearing in any form on the item