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ACH Payment & DepositLike any payment system, the
Automated Clearing House (ACH) is
governed by rules and regulations ensuring the safety and soundness of
the transactions. Here are a few to be aware of:
ACH Rules
The National Automated Clearing House
Association (NACHA) Operating Rules provide the legal foundation for the
ACH Network. Rules and guidelines are established for all participants
in the ACH system, outlining responsibilities and time frames for
action.
ACH Rules
Online
ACH Rules News and Operations Bulletin
(NACHA)
ACH Rules Current
Initiatives (NACHA)
ACH
Rule Making Process (NACHA)
BSA
Regulations
USA Patriot
Act
The Green Book
The Green Book is a detailed operations manual
for processing Federal Government transactions. To view or
download a current copy, visit the U.S. Treasury, Financial
Management Service (FMS) website at http://fms.treas.gov/greenbook/downloads.html.
Regulation E
A regulation developed by the Federal Reserve
Board of Governors in order to ensure consumers of a minimum level of
protection in disputes arising from electronic funds transfers.
Regulation E establishes the basic rights, liabilities, and
responsibilities of consumers who use electronic money transfer services
and of financial institutions that offer these services. This regulation
is intended to carry out the purposes of the act, including, primarily,
the protection of individual consumers engaging in electronic
transfers. Regulation E is no longer printed in the ACH Rule Book but can
be found online by clicking on the following link.
Regulation
E
Uniform Commercial Code
The comprehensive body of state law governing
commercial transactions, including sales of goods, commercial paper,
bank deposits and collections, letters of credit, bulk transfers,
warehouse receipts, bills of lading, investment securities and secured
transactions. Articles 3 and 4 cover check transactions. Article 4A
covers certain funds transfers, including ACH credit transactions not
subject to the EFTA or Regulation E. Article 4A is not effective in any
state until enacted by the legislature of that state.
Uniform Commercial Code (UCC), Articles
1-9
Regulation D
Under the authority of the Federal Reserve
Act, its purpose is to specify the requirements associated with reserves
that depository institutions must maintain at Federal Reserve Banks.
Regulation D provides specific definitions and guidelines regarding what
constitutes a financial institution's "deposits" for reserve
calculations.
Regulation D differentiates between "transaction accounts,"
which include checking and other demand accounts and NOW accounts, and
"time deposits," which include money market deposit accounts and other
savings accounts. Time deposits are not currently subject to reserve
requirements. To qualify as a time deposit, the deposit must satisfy
certain withdrawal limitations, including withdrawals by ACH transfer.
Financial institutions must ensure that no more than the six (6)
permitted withdrawals or transfers are made for a specific type of time
deposit account.
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