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F ederal R eserve Bank OF DALLAS WILLIA M H. WALLACE DALLAS. TEXAS 7 5 2 2 2 FIRST V IC E PR ES ID EN T AND C H IE F O PER ATING O FFICER January 8, 1988 Circular 88-2 TO: All financial institutions in the Eleventh Federal Reserve District SUBJECT R e v is io n s to B u l l e t i n s 6 and 11 DETAILS Enclosed are revised copies of Bulletin 6, "Wire Transfer of Funds" and Bulletin 11, "Automated Clearing House Items." The revisions affect liability provisions and certain other technical matters, as noted below. Previously, the Board of Governors amended Regulation J to limit Reserve Bank liability in handling transfers of funds to direct damages. As required by the Board, a similar amendment has been made with respect to the handling of ACH items. Liability in handling ACH items may differ between credit and debit items. At the same time, an amendment has been made to clarify the measure of damages provisions in both the ACH circular and the funds transfer circular in regard to non-value messages, such as prenotifications and notifications of change in the ACH and requests for payment and service messages in Fedwire. Both bulletins have been revised to clarify that depository institutions should be prepared to resend items if notified by a Reserve Bank that the items were lost during processing, for example, if a computer outage occurred. Finally, various technical changes have been made to the ACH bulletin to clarify the distinction between remotely originated and presort files. An agreement directly between an originator and a remote Reserve Bank will no longer be necessary for remote origination if an agreement exists with the originator's local Reserve Bank. ENCLOSURES Revised Bulletins 6 and 11 are enclosed. your Regulations Binders. Please include these in For addition al copies of any circular please contact the Public A ffairs D ep artm en t at (214) 6 5 1 -6 2 89 . Banks and others are encouraged to use the follow ing incom ing W A TS numbers in contacting this Bank (800) 4 4 2 -7 1 4 0 (in trastate) and (800) 5 2 7 -9 2 0 0 (interstate). This publication was digitized and made available by the Federal Reserve Bank of Dallas' Historical Library (FedHistory@dal.frb.org) - 2 - MORE INFORMATION For more information please contact John Rogers, Legal Department, at (214) 651-6228; Lyne Carter, Electronic Payments Department, at (214) 651-6175; or Larry Ripley, Electronic Payments Department at (214) 651-6118. Sincerely yours, BULLETIN 6 Wire Transfers of Funds FEDERAL RESERVE BANK OF DALLAS SCOPE This bulletin sets forth general information pertaining to transfers of funds through this Bank. The procedures established are designed to increase the speed and efficiency of such transactions, and they may be used, among other things, for federal funds transfers and in lieu of a draft drawn on correspondent institutions to cover anticipated charges to an account on our books. FEDERAL RESERVE BANK OF DALLAS BULLETIN 6 BULLETIN 6 WIRE TRANSFERS OF FUNDS TABLE OF CONTENTS Paragraphs 08-87 Statutes and Regulations.............................................................................. 1-3 Issuance of Transfer Items and Transfer Requests................................... 4-8 Transfer Requests........................................................................................... 9-10 Requests for Paym ent.................................................................................... 11 Handling of Transfer Items and Requests.................................................. 12-13 Closing H ours................................................................................................. 14 Advices of Credit and D ebit......................................................................... 15-17 Charges............................................................................................................. 18 Final Payment; Right to Use Funds;Transferee's A greem ent................ 19-22 Revocation of Transfer Item s....................................................................... 23-25 Service M essages........................................................................................... 26 G eneral................................................................................... ......................... 27-28 Right to Amend.............................................................................................. 29 i BULLETIN 6 FEDERAL RESERVE BANK OF DALLAS 5. A transfer item or request must be in the for mat prescribed by us. STATUTES AND REGULATIONS 1. Subpart B of Regulation J ("Regulation J") of the Board of Governors of the Federal Reserve System and this bulletin and time schedule ap ply to wire transfers of funds handled by this Bank. This bulletin is issued pursuant to Sections 4, 11A, 13, 14, 16, and 19 of the Federal Reserve Act and related statutes in conformity with Regulation J. It is binding on transferors, transferees, beneficiaries, and other parties in terested in an item. 6. The text of a transfer item may not exceed 380 characters including punctuation, third party in formation, and any other instructions, except with our approval. 7. We only accept a transfer item or request that instructs us to transfer funds on our banking day of receipt or, with our approval, on the next banking day. 2. Each Reserve Bank has issued a bulletin sub stantially similar to this one. When we send a transfer item to another Reserve Bank, that Re serve Bank handles the item under its bulletin. 8. A transferor may send a transfer item to us by electronic means under arrangements with us, or, in unusual circumstances and in our dis cretion, in other media approved by Section 210.28 of Regulation J. The transferor must authenticate a transfer item at the time it is sent by codes or procedures we prescribe. A transfer item contained in a letter, memorandum, or sim ilar writing must be signed by an authorized of ficer of the transferor whose signature is on file with us. 3. All terms defined in Regulation J have the same meaning in this bulletin. Some terms used in this bulletin, including terms not defined in Regulation J, have specialized meanings that have developed through law, custom and com mercial usage. Unless otherwise stated, all ref erences to this Bank will include our Head Office and our El Paso, Houston, and San Antonio Branches. TRANSFER REQUESTS 9. A "transfer request", as defined in Regulation J refers to a transfer of funds initiated by tele phone, and differs from a request for payment described in paragraph 11. A transfer request may be made by telephone under arrangements with us (see note 1). The transferor must authenticate a transfer request at the time it is made by codes or procedures we prescribe (see note 2). We may record a transfer request. We reserve the right to require a transferor to con firm a transfer request by a letter of confirmation over authorized signature(s). We assume no li ability for loss resulting from a transfer of funds based on a communication that is in the form of a transfer item and that does not expressly indi cate that it is a confirmation. ISSUANCE OF TRANSFER ITEMS AND TRANSFER REQUESTS 4. A transferor maintaining or using an account with an office of this Bank may send a transfer item to or make a transfer request of that office. We may refuse to act on, or may impose condi tions to acting on, a transfer item or request if we have reason to believe that the balance in the transferor's account is not sufficient to cover the item. A transferor, other than a Reserve Bank, that uses our wire transfer of funds facilities shall maintain with us a balance of actually and finally collected funds in accordance with Sec tion 210.31(a) of Regulation J. 08-87 1 FEDERAL RESERVE BANK OF DALLAS BULLETIN 6 CLOSING HOURS 10. We reserve the right to refuse to handle a transfer item or request under conditions differ ent from those imposed by this bulletin or Reg ulation J. 14. Our time schedule shows the latest hours on each banking day ("closing hours") at which we will accept a transfer item or request (Appendix A). If we receive a transfer item or request after the closing hour we may either refuse to handle it or handle it on the following banking day, ex cept that we may complete a same-day transfer on the day of receipt. In the case of an interdis trict transaction received after our closing hour, completion of the transfer on that day is also discretionary with the transferee's Reserve Bank. REQUESTS FOR PAYMENT 11. A request for payment is a message sent by an institution authorized to be a transferee, re questing an institution authorized to be a transferor to send a transfer item to the transferor's Reserve Bank for credit to the insti tution requesting the payment. We handle a re quest for payment, or a negative response, involving only on-line institutions, subject to our time and fee schedules, and without transferring funds. A request for payment is not an item, and in itself, imposes no obligation on the recipient to respond. ADVICES OF CREDIT AND DEBIT 15. We provide to a transferee maintaining or using an account with us, an advice of credit for a transfer of funds. This advice may be com bined with other advices of credit in a statement. We give advice of credit by telephone, tele graph, or other form of electronic telecommuni cations when we deem that the nature of the transaction justifies it or when the transferor or transferee requests it. The transferee should as certain the authenticity of an advice of credit at the time of its receipt by codes or procedures we prescribe (see note 3). We do not give tele phone advice of credit for a transfer, identified as a settlement transfer, between a transferor or transferee for their own accounts, or for the ac count of another institution authorized to be a transferor, unless the transferee has made a standing order for advice of all transfers of funds. HANDLING OF TRANSFER ITEMS AND REQUESTS 12. We will notify a transferor of a significant delay in executing transfers of funds within a reasonable time after we learn of the delay. 13. We expect to handle a transfer item or re quest promptly and to complete a transfer of funds on the banking day requested if we re ceive the item or request before the closing hours established in our time schedule. We do not guarantee that we or another Reserve Bank will complete a transfer of funds on the day re quested. We are not responsible to the transferor or to any other person for any loss or delay re sulting from our handling of an item on the basis of an erroneous routing number or other desig nation appearing on the item when we receive it, w hether or not that designation is consistent with any other designation appearing on the item. 08-87 16. The transferee should confirm a telephonic advice of credit that contains third-party infor mation or other special instructions, by return telephone call or other arrangements prior to making the proceeds of the transfer available for withdrawal or other use. The transferee assumes all risk of loss resulting from its failure to make the confirmation. In addition, if there is a dis crepancy between an advice given by telephone, telegraph, or other form of electronic telecom 2 BULLETIN 6 FEDERAL RESERVE BANK OF DALLAS 21. As provided by Section 210.30 of Regulation J, a transferee that receives from us a transfer item, or advice of credit of a transfer item, des ignating a beneficiary, agrees: munications and a mailed or delivered advice, the transferee is deemed to approve the credit reflected in the mailed or delivered advice un less it sends written objection to us within ten (10) calendar days following its receipt of the mailed or delivered advice. The objection should be sent to the Reserve office at which the transferee maintains or uses an account. (a) to credit promptly the beneficiary's ac count or otherwise make the amount of the item available to the beneficiary; or (b) to notify promptly the office of this Bank with which it maintains or uses an ac count, if it is unable to do so because of circumstances beyond its control. We will then notify our transferors. 17. We provide an advice of debit to a transferor maintaining or using an account with us. This advice may be combined with other advices of debit in a statement. The transferor should carefully examine the advice on receipt, and promptly report any exception. The transferor is deemed to approve a debit if it fails to send written objection with ten (10) calendar days af ter it receives the advice of debit to the office of this Bank with which it maintains or uses an ac count. 22. A transferee that arranges with us to receive transfer items by electronic means must manage its communications link so as to permit us to send transfer items to it on a timely basis during its day. We are not responsible for any delay in sending a transfer item or other message to such a transferee, if the delay results from the transferee's failure to so manage its link. CHARGES REVOCATION OF TRANSFER ITEMS 18. Our schedule of charges shows the charges imposed for wire transfer of funds services (Ap pendix B). We may make the charge to the ac count of the transferor or transferee requesting the service. 23. A transferor may ask the office of this Bank to which it has sent a transfer item or request to revoke a transfer item or request. The transferor must authenticate the request for revocation by codes or procedures we prescribe. We may cease acting on the item or request if we receive the request for revocation in time as to give us a reasonable opportunity to comply. If the request is received too late, we may, on request from the transferor: FINAL PAYMENT; RIGHT TO USE FUNDS; TRANSFEREE'S AGREEMENT 19. A transfer item transferee's Reserve sends or telephones transferee, whichever is finally paid when the Bank sends the item or advice of credit to the occurs first. (a) ask the transferee to return the transferred funds; or (b) in an interoffice transaction, ask the transferee's Reserve Bank to ask the transferee to return the funds. 20. On final payment the transferee has the right to withdraw or use funds that have been credited to its account, subject to the right of a Reserve Bank to apply the funds to an obligation owed to it by the transferee. 08-87 24. By requesting a revocation, unless the re quest states "NO INDEMNITY", the transferor agrees that the transferor will indemnify the 3 FEDERAL RESERVE BANK OF DALLAS BULLETIN 6 procedures is compromised, and act to prevent any further disclosure. transferee for any loss or expense sustained (in cluding attorneys' fees and expenses of liti gation) resulting from the return of the funds by the transferee, except any loss or expense re sulting from the transferee's lack of good faith or failure to exercise ordinary care. RIGHT TO AMEND 29. We reserve the right to amend this bulletin at any time. 25. To correct an erroneous or irregular transfer of funds, we may, on our own initiative or at the request of another Reserve Bank, ask the transferee to return funds previously transferred. 1. (Refer to item 9) (a) We w ill accept telephone requests for transfers of funds in accordance w ith the Code Word A uthentication Procedure outlined in note 2. T elephone requests may be com m unicated by depository institutions as follows: SERVICE MESSAGES Office Dallas 26. We handle for a transferor or transferee a service message in a prescribed format concern ing a previously sent or received transfer of funds. A service message, request for payment message, or negative response, is not an item but is generally handled as an item. A Reserve Bank shall not be liable for any damage caused by a Reserve Bank's failure to exercise ordinary care or act in good faith in handling a service mes sage, a request for payment message, or a nega tive response, in excess of the amount of any fee paid for the message. Area Code 800 800 El Paso 800 800 Telephone Number 442-7276* (intrastate) 527-9200* (interstate) 442-7276* (intrastate) 527-9200* (interstate) Extension Number 6110 6110 6110 Houston 800 442-7276* (intrastate) 6110 San Antonio 800 442-7276' (intrastate) 6110 * Toll-free incom ing WATS number. 2. (Refer to item 9) (a) A Code Word A uthentication Procedure is utilized b e tw een depository institutions and our office. It is de signed to detect and prevent th e processing of unauthorized telephone transfers of funds requests. GENERAL 27. A transferor sending a transfer item by elec tronic means should determine that the transfer item has been accepted by our telecommuni cations and processing equipment. A transferor should be prepared to resend a transfer item to us if we notify it that the item has been lost be cause of a computer outage or other reason. (b)(1) We w ill furnish code w ord authentication lists to each depository in stitution as the need arises. A replacem ent w ill be supplied by us as needed based on usage. To insure th at code w ord lists do not becom e outdated through disuse or fluc tuation in activity, all code w ord authentication lists, if not earlier exhausted, w ill becom e null and void at th e end of exactly six calendar months from the in itiation d ate show n on the lists. (2) The use by any person of a code w ord w hich passes our code word authentication check shall be deem ed to be a person authorized by the de pository institution to request transfers of funds on its behalf. (3) Depository institutions should prom ptly ac know ledge receipt of the code word 28. A transferor or transferee must prevent the disclosure outside of it, or within it except on a "need to know" basis, of any of the codes or other security procedures relating to transfers of funds. The transferor or transferee should notify us immediately if the confidentiality of these 08-87 4 BULLETIN 6 FEDERAL RESERVE BANK OF DALLAS messages norm ally w ill not be honored. Requests u ti lizing these means of transm ission should not be made and w ill be accepted only w here prior arrangem ents have been made or in em ergency situations. (g) We intend to verify by call-back selected transfers of funds involving third-party information. Final pro cessing of transfers m ay be delayed due to the tim e necessary to effect call-back verification. Your coop eration in expediting this verification w ill facilitate tim ely processing of such transfers. (h) T elephone transfer requests not utilizing th e Code Word A uthentication Procedure may be handled on an exception basis at our discretion. Such transfer re quests w ill be au thenticated on a call-back basis and the final processing of the transfers m ay be delayed due to th e tim e necessary to effect th e call-back ver ification. authentication lists. A list w ill not be activated by us until w e have received a signed acknow l edgem ent by an officer of a depository institu tion whose signature is on file w ith us. (c) Each transfer of funds request w ill require a separate sequence num ber and code word and these must be the next sequential, unused sequence num ber and code word show n on th e code w ord au thentication list. Otherw ise, it w ill not pass our code w ord authentication check. (d) A t the bottom of each listing, it is noted th at the list is for authorized use only. Since the sequence num ber and code w ord w ill be the only m ethod of verifying the authenticity of a transfer request, it is strongly sug gested th a t only those individuals authorized to trans fer funds at each depository in stitution have access to the code words. This w ill help ensure the confidentiality of the depository institution's list and integrity of the authentication procedure. 3. (Refer to item 15) A depository institution receiving and acting on any tele phone notification runs the risk th at it is invalid or unau thorized. A t any tim e during norm al business hours, the m anager or supervisor of th e Transfers of Funds Division at th e H ead Office is prepared to corroborate any transfer of funds for w hich telephone notification has been given by us and received by a depository institution. Receiving depository Institutions are encouraged to utilize this service, especially for third-party advices received by telephone. (e) All telephone requests for transfers of funds w ill be autom atically recorded on recording devices and any depository institution utilizing this m ethod to transfer funds hereby consents to the recording of such con versations. A w ritten le tte r confirm ing a transfer of funds w ill not be required unless specifically requested by this Bank. (f) Requests for transfers of funds utilizing the mails, W estern Union wires, TWX messages, and TELEX 08-87 5 BULLETIN 6 FEDERAL RESERVE BANK OF DALLAS Appendix A SCHEDULE OF TIME LIMITS (Closing Hours lor Telegraphic Transfers of Funds for Consummation on Day of Receipt) I. Closing Hours A. Interdistrict Transfers We accept interdistrict transfer items (on-line instructions) until 4:00 p.m., and interdistrict transfer requests (telephonic instructions) un til 3:30 p.m., Central Time each business day. (For the El Paso Territory of the Eleventh Federal Reserve District, the times are 3:00 p.m. and 2:30 p.m., respectively, Mountain Time). At our discretion, we may accept interdistrict transfer items and requests after these times, but the completion of such trans fers is also at the discretion of the transferee's Reserve Bank. B. Intradistrict Transfers We accept intradistrict transfer items (on-line instructions) until 4:00 p.m., and intradistrict transfer requests (telephonic instructions) un til 3:30 p.m., Central Time each business day. (For the El Paso Territory of the Eleventh Federal Reserve District, the times are 3:00 p.m. and 2:30 p.m., respectively, Mountain Time). At our discretion, we may accept intradistrict transfer items and requests after these times. C. Requests for Payment We accept requests for payment (subtype code 31) from on-line financial depository insti tutions until the respective closing hours for interdistrict, intradistrict and net settlement transfer items. Originators of such requests are responsible for allowing sufficient time for receivers to respond within the closing hours specified. II. Settlement Period We accept settlement transfer items (on-line in structions) until 5:30 p.m., and settlement transfer requests (telephonic instructions) until 5:00 p.m., 08-87 Central Time each business day. (For the El Paso Territory of the Eleventh Federal Reserve District, the times are 4:30 p.m. and 4:00 p.m., respectively, Mountain Time). A settlement transfer is a transfer between a transferor and transferee for their own accounts, or for the ac count on the books of the transferor or transferee of a respondent subject to Federal Reserve re quirements (whether or not such respondent ac tually maintains reserves). A settlement transfer must be identified with type code 16, and may contain third-party information relating only to such respondents or to the transferor or transferee. Settlement transfers may be used to make or to adjust for net settlement transactions. We reserve the right, in our discretion, to refuse to handle a transfer that is received during the settlement period but that does not comply with the requirements for transfers during such pe riod. We also may, in our discretion, accept settlement transfer items and requests after these times, but the completion of interdistrict settle ment transfers is also at the discretion of the transferee's Reserve Bank. Immediate telephone advice is not provided for settlement transfers. III. Net Settlement Organizations participating in net settlement arrangements must begin to submit settlement transaction detail to us by such time as, in the judgment of this Reserve Bank, will insure com pletion of all transactions by 5:00 p.m., Central Time. (For the El Paso Territory of the Eleventh Federal Reserve District, the time is 4:00 p.m., Mountain Time). IV. Opening Hour We accept transfer items and requests (interdis trict and intradistrict) beginning at 8:00 a.m., Central Time. (For the El Paso Territory of the Eleventh Federal Reserve District, the time is 7:00 a.m., Mountain Time). FEDERAL RESERVE BANK OF DALLAS BULLETIN 6 Appendix B FEE SCHEDULE FOR TRANSFERS OF FUNDS SERVICES (Effective January 1, 1988) WIRE TRANSFER Originators Charge Telephone Advice No Yes Originator Online $0.47 $3.97 Originator Offline $6.47 $9.97 Receivers Charge All receivers will be charged $0.47 per transfer. Receivers may elect a "standing order for notifica tion" at an additional charge of $3.50 per advice. NOTE: Requests for payment (Subtype Code 31) re ferred to under paragraph 11 of Bulletin 6 w ill incur a charge of $0.47 for online institutions since they are currently limited to online institutions. A transfer of funds in response to a transfer request (Subtype Code 32) w ill likew ise incur a charge of $0.47. A negative response to a Subtype Code 31 m essage (Subtype Code 33) w ill incur a charge of $0.47. 01-88 BULLETIN 11 Automated Clearing House Operations FEDERAL RESERVE BANK OF DALLAS SCOPE This bulletin contains the terms and conditions under which we will process Automated Clearing House items. BULLETIN 11 FEDERAL RESERVE BANK OF DALLAS BULLETIN 11 AUTOMATED CLEARING HOUSE ITEMS TABLE OF CONTENTS Paragraphs 08-87 G eneral............................................................................................................ 1-2 Definitions....................................................................................................... 3 Sending Debit and Credit Items.................................................................. 4-7 Originator's Agreements............................................................................... 8-10 Applicable ACH Rules.................................................................................. 11-12 Handling of Item s.......................................................................................... 13-16 Time Schedules, Settlement Dates and Extension of Time Limits....... 17-19 Settlement and Availability of Credit........................................................ 20-25 Settlement A greements................................................................................ 26 Receiver's Agreements.................................................................................. 27-28 Revocation of Items....................................................................................... 29-31 Return of Items and Funds........................................................................... 32-34 Disputed Returns............................................................................................ 35-36 Advices to Account Holders......................................................................... 37 Records............................................................................................................ 38-39 Pricing.............................................................................................................. 40 Reserve Bank Liability.................................................................................. Limitations on Liability..................................................... .................. Measure of Damages............................................................................ Reserve Bank Indemnity...................................................................... Limitation on Claims............................................................................ Recovery by Reserve Bank.................................................................. Methods of Recovery........................................................................... 41-46 41 42 43 44 45 46 Right to Amend.............................................................................................. 47 i BULLETIN 11 FEDERAL RESERVE BANK OF DALLAS to affected originators and receivers, and that are designated by a Reserve Bank in its bulletin as applicable to designated ACH transactions. "Applicable ACH rules" does not include provisions in ACH rules that are not applicable to trans actions under this bulletin because they are in conflict with regulations and policy guidelines of the Board of Governors of the Federal Reserve System or policy guidelines of the Conference of First Vice Presidents or the Conference of Presidents or applicable law, and provisions (i) limit ing the rules' application to members of an ACH association, (ii) requiring dues or fees (other than a reasonable fee for copies of the ACH rules), and (iii) requiring exe cution of agreements (such as settlement or indemnity agreements); but such pro visions may bind members of the ACH association. GENERAL 1. This bulletin and our time schedules govern the clearing and settlement of automated clear ing house (ACH) items by this Bank. This bul letin is issued pursuant to Section 4, 11A, 13, 16 and 19 of the Federal Reserve Act and related statutes. It is binding on originators, receivers, and other parties interested in an item and on each account holder agreeing to settle for items under this bulletin. This bulletin preempts or supersedes agreements or other arrangements among parties to automated clearing house items only to the extent that provisions of those ar rangements are inconsistent with this bulletin. 2. Each Reserve Bank has issued a bulletin sub stantially similar to this one, containing uniform provisions concerning interoffice transactions, except that the Federal Reserve Bank of New York has issued a bulletin providing only for delivery and settlement of ACH items on behalf of members of an ACH association. When we send an item to another Reserve Bank, that Re serve Bank handles the item subject to is bulle tin and time schedules. We give credit to or charge the originator or receiver for the item in accordance with our time schedules. (d) "Approved medium" means any of the following writings specified in this bulle tin or in the applicable ACH rules: any form of communications, other than voice, registered on (or in form suitable for being registered on) magnetic tape, disc, or other medium designed to contain in durable form conventional signals used for elec tronic communication of messages, or out put produced from this form of communication. DEFINITIONS 3. As used in this bulletin, unless the context otherwise requires: (e) "Automated clearing house" or "ACH" means a facility that clears debit and credit items for depository institutions. (a) "Account holder" means a Reserve Bank, a depository institution, or other institu tion maintaining an account with a Re serve Bank. (f) "Automated clearing house rules" or "ACH rules" means the rules and proce dures or agreements provided by a group of depository institutions, such as an auto mated clearing house association, that comprehensively govern the clearing of items among participants in an automated clearing house payment system. (b) "Actually and finally collected funds" means cash or any other form of payment that is, or has become, final and irrev ocable. (c) "Applicable ACH rules" mean ACH rules, copies of which are reasonably available 08-87 1 FEDERAL RESERVE BANK OF DALLAS BULLETIN 11 (g) "Banking day" means a day during which a Reserve Bank, an account holder, origi nator, or receiver is open to the public for carrying on substantially all its banking functions. defined in Section 210.26 of Regulation J that is handled under Subpart B govern ing wire transfers of funds; (3) a payment instruction subject to 31 Code of Federal Regulations, Part 210, governing Federal payments by the ACH method; or (4) a wire transfer of securities by this Bank. An item is deemed to be the same item even if the medium in which it is con tained changes during handling of the item. "Item" may include a prenotification or notice in accordance with paragraph 7 or a return item, adjustment, or notice in accordance with paragraphs 32 or 33. (h) "Credit item" means an item sent to a Re serve Bank by an originator for debit to the originator's account and for credit to a receiver's account. (i) "Debit item" means an item sent to a Re serve Bank by an originator for credit to the originator's account and for debit to a receiver's account. (j) "Depository institution" means a deposi tory institution as defined in Section 19(b) of the Federal Reserve Act (12 U.S.C. 461(b)). (p) "Originator" means a depository institu tion or other authorized institution, whether or not a member of an ACH as sociation, that sends an ACH item to a Reserve Bank. (k) "Effective date" means the date for settle ment specified in an item by the origina tor. (q) "Originator's account " or "receiver's ac count" means the account at a Reserve Bank the originator or receiver, respec tively, maintains or uses under an ar rangement between the Reserve Bank and an account holder, for settlement under a bulletin governing ACH items. (1) "Effective date window" means the mini mum and maximum number of days fol lowing receipt of an item by a Reserve Bank, within which the date specified for settlement of the item must fall for a Re serve Bank to settle for the item on the specified date. (r) (m) "Interoffice transaction" means a trans action that is handled by different Reserve Banks. (s) "Originator's Reserve Bank" means the Reserve Bank office to which an originator sends an item in accordance with the Re serve Bank's bulletin. (n) "Intraoffice transaction" means a trans action that is handled by a single Reserve Bank. (o) "Item" means a writing contained in an approved medium that evidences a right to the payment of money and that is sent to this Bank for clearing and settlement under this bulletin. "Item" does not in clude: (1) an "item" as defined in Section 210.2 of Regulation J that is handled under Subpart A governing the collection of checks and other items; (2) an "item" as 08-87 "Originator's local Reserve Bank" means the Reserve Bank in whose territory the originator is domiciled, which may also be the originator's Reserve Bank. (t) "Receiver" means a depository institution or other authorized institution, whether or not a member of an ACH association, that is designated in an item to receive the item from a Reserve Bank. (u) "Receiver's Reserve Bank" means the Re serve Bank office from which the receiver directly or indirectly receives an item. 2 BULLETIN 11 FEDERAL RESERVE BANK OF DALLAS an item, except that no funds are transferred. If the receiver does not maintain or use an account for settlement under a bulletin governing ACH items, we return the prenotification to the origi nator. (v) "Settlement date" means the date for settlement of an item as provided in this bulletin. Unless otherwise stated, all references to this Bank include our Head Office and our El Paso, Houston and San Antonio Branches. ORIGINATOR'S AGREEMENTS SENDING CREDIT AND DEBIT ITEMS 8. By sending an item to a Reserve Bank, the originator: 4. An originator (a) domiciled in the territory of this Bank, or in the territory of another Reserve Bank, (b) maintaining or using an account with a Reserve Bank for settlement under a bulletin governing credit and debit items, and (c) au thorized by the originator's local Reserve Bank, may send an item to this Bank. An item pre sorted to this Bank by an originator domiciled in the territory of another Reserve Bank must des ignate a receiver located in the territory of this Bank. An originator must designate itself or an other person to deliver its items to a Reserve Bank, and that person is considered to be the originator's agent. (a) agrees to comply with the applicable ACH rules and that such rules shall govern the relationships among the originator, the receiver, and other parties interested in the item and covered by the applicable ACH rules; (b) authorizes its Reserve Bank, its local Re serve Bank, and the receiver's Reserve Bank to handle the item in accordance with the Reserve Banks' bulletins; (c) authorizes the Reserve Bank holding the originator's account to debit or credit, as appropriate, the amount of the item to the originator's account on the settlement date; and 5. An originator may send an item to us by electronic means under arrangements with us, or in the following approved media: 1600 or 6250 BPI 9-track magnetic tape. The originator must authenticate items sent to us by codes or proce dures we prescribe. (d) agrees to indemnify each Reserve Bank handling or settling for the item for any loss or expense sustained (including attor neys' fees and expenses of litigation) re sulting from any action taken by the Reserve Bank in accordance with the Re serve Bank's applicable bulletin. 6. Items must be in the format prescribed by applicable ACH rules. We may handle an item on the basis of any routing number or other des ignation of a receiver appearing in any form on the item when we receive it. We are not re sponsible for any delay resulting from our acting on any designation of a receiver w hether or not the designation is consistent with any other designation on the item. 9. The agreement, authorizations, and indemnity in paragraph 8 do not limit any other agreement, authorization, or indemnity, not inconsistent with paragraph 8, made by an originator to a re ceiver, a Reserve Bank, or another party. 10. By sending a credit item to a Reserve Bank, the originator agrees to have in its account on the settlement date, a balance of actually and finally collected funds sufficient to cover the 7. An originator shall send to us a prenotification of an.item as required by applicable ACH rules. We handle a prenotification or other notice as 08-87 3 FEDERAL RESERVE BANK OF DALLAS BULLETIN 11 receiver, or (ii) in the case of a transaction involving a nonmember(s) of an ACH as sociation, generally apply to transactions within the region where the originator and receiver are domiciled. Originators domiciled in the El Paso territory should ordinarily send their items to the El Paso Branch; originators domiciled in the Houston territory should ordinarily send their items to the Houston Branch; origi nators domiciled in the San Antonio terri tory should ordinarily send their items to the San Antonio Branch. amounts of credit items to be debited to the ac count during that day. In addition to other rem edies, the originator's Reserve Bank, the originator's local Reserve Bank, and the Reserve Bank holding the originator's account have a se curity interest in the assets of the originator, and of the account holder whose account the origi nator uses for settlement, in the possession of, or held for the account of, the Reserve Bank if: (a) the balance in the originator's account at the end of the Reserve Bank's banking day on the settlement date is not sufficient to cover the amounts debited to the account during that day in connection with credit and debit items; or 12. Except as otherwise provided in this bulle tin, we do not have or assume any responsibility for determining whether an originator or re ceiver complies with applicable ACH rules. (b) the originator suspends payment or is closed at any time during the Reserve Bank's banking day on the settlement date, and does not have a balance suffi cient to cover the amounts debited to its account in connection with credit and de bit items. HANDLING OF ITEMS 13. We process and edit ACH items in accord ance with applicable ACH rules. We handle an intraoffice transaction by sending or making available an item we receive to the receiver. We handle an interoffice transaction as follows: The originator's Reserve Bank sends an item it receives to the receiver's Reserve Bank. The re ceiver's Reserve Bank sends or makes available the item it receives to the receiver. APPLICABLE ACH RULES 11. The following ACH rules, as amended from time to time, are applicable to transactions in volving originators and receivers sending and receiving items to and from this Bank: (a) For transactions between an originator and receiver, whether or not either is a member of an ACH association, the appli cable ACH rules are the Operating Rules of the National Automated Clearing House Association, unless other ACH rules apply under subparagraph (b). 14. This Bank sends items to a receiver, or to a location in the same Federal Reserve territory as that where the receiver is located at the re ceiver's request, in the following manner: (a) By the same means and to the same lo cation used for sending cash items to the receiver, or to others, under Subpart A of Regulation J; (b) For transactions between an originator and receiver, whether or not either is a member of an ACH association, the appli cable ACH rules are the Operating Rules of the Southwestern Automated Clearing House Association, to the extent such rules (i) bind both the originator and the 08-87 (b) By courier to a location not receiving cash items, if the delivery point is on a Federal Reserve courier route and, in our opinion, results in savings through consolidation of payment files; 4 BULLETIN 11 FEDERAL RESERVE BANK OF DALLAS credit and debit items of various classes. Items or their accompanying media should specify an effective date that is within the effective date window shown for that class of item. If we re ceive an item after a cutoff hour, we handle it as if received by our next applicable cutoff hour unless, in emergency or other circumstances, we decide to handle it as if received by the first cutoff hour. If the specified effective date is later than the effective date window, we will return the item. (c) By electronic means under arrangements with US; (d) By the receiver's picking up the items; or (e) By mail. The person to whom delivery is made as re quested or who picks up the items is considered to be the receiver's agent. 15. This Bank send items to a location in a dif ferent Federal Reserve territory from that where the receiver is located at the receiver's request and expense where, in our judgement, it is ap propriate to do so. A receiver that wants such delivery should submit a request to us. 18. Our time schedule also shows the settlement date for items; (a) that specify no effective date; (b) that specify a settlement date that is not a banking day for the originator or the receiver or for a Reserve Bank involved with the transaction; or 16. A receiver should promptly advise us by telephone if its does not receive a scheduled shipment of items by the settlement date. If a receiver choosing physical delivery of items regularly does not receive them by the date scheduled for settlement, and the items are available for pick-up or electronic transmission on that date, it will be considered to have re ceived the items on that date for purposes of settlement. A receiver may request us, for a fee, to notify it by telephone on the settlement date of certain information with respect to items des ignating it as receiver. Because we do not verify this information in providing it to a receiver, we make no warranties, express or implied, includ ing without limitation, warranties of merchantability or fitness for a particular pur pose. If the receiver provides the telephonic in formation to its customer, the receiver should either advise the customer that it has not been verified, or verify the information before sup plying it to the customer. (c) that specify an effective date earlier than the effective date window shown in the time schedule for those items. 19. The time schedule made a part of this bulle tin also shows the time certain operations are scheduled to occur. We act in a timely manner if we take proper action within the time shown in our time schedule. If, because of circum stances beyond our control, we are delayed in acting on an item beyond applicable time limits, the time for acting is extended for the time nec essary to complete the action, if we exercise such diligence as the circumstances require. SETTLEMENT AND AVAILIBILITY OF CREDIT 20. The Reserve Bank holding the originator's account, on the settlement date debits or credits the originator's account in the amount of the item, and credits or debits in the same amount the receiver's account, or the account of the ap propriate Reserve Bank. TIME SCHEDULES, SETTLEMENT DATES AND EXTENSIONS OF TIME LIMITS 17. The time schedule made a part of this bulle tin shows the cutoff hours for receipt by us of 08-87 5 FEDERAL RESERVE BANK OF DALLAS BULLETIN 11 whose account the institution desires to use for settlement of the items, must execute a settle ment agreement with a Reserve Bank that maintains an account for the institution or ac count holder. The settlement agreement must provide that in consideration of the clearing and settlement of items by the Reserve Bank for the originator or receiver, and for other originators and receivers, the institution and account holder agree to the applicable Reserve Bank bulletins governing ACH items, and to applicable ACH rules, each as amended from time to time, for the benefit of all parties interested in the items. A settlement agreement with this Bank executed by an originator or receiver and an account holder, if any, in effect on August 1, 1981, pro viding for settlement of ACH items is considered to comply with this paragraph upon the origi nation or receipt by such an institution of items on or after such date, unless such originator or receiver ceases to be a member of an ACH asso ciation. A settlement agreement or an agree ment governing receipt or delivery of items applies to all items (a) sent to the originator's local Reserve Bank, (b) sent remotely to another Reserve Bank, and (c) presorted and sent to an other Reserve Bank. 21. The Reserve Bank holding the receiver's ac count, on the settlement date credits or debits the receiver's account in the amount of the item and debits or credits in the same amount the originator's account, or the account of the ap propriate Reserve Bank. 22. A Reserve Bank may, at any time until its opening of business on the banking day follow ing the settlement date, refuse to permit the use of credit given for a debit item for which the Reserve Bank has not received actually and finally collected funds. A Reserve Bank that does not receive actually and finally collected funds in settlement of a debit item, at or before the opening of business on the banking day fol lowing the settlement date, reverses the debit and credit previously made in settlement of the item and promptly notifies the originator and the receiver, or the appropriate Reserve Banks, which notify the originator and receiver. 23. Credit given by a Reserve Bank to a receiver for a credit item is available for use on the settlement date, subject to the Reserve Bank's right to apply the funds to an obligation owed to it by the receiver. 24. A Reserve Bank does not settle for an item after it receives notice of the suspension or clos ing of the originator or the receiver. In the event of the suspension or closing of an account holder whose account the originator or receiver uses for settlement, settlement is made to another ac count designated by the originator or receiver. RECEIVER'S AGREEMENTS 27. A receiver designated in an item, by main taining or using an account with a Reserve Bank for settlement of credit and debit items and by accepting an item from this Bank: 25. Subject to paragraphs 22 and 23, credit given by us at once qualifies as reserve for purposes of Regulation D of the Board of Governors of the Federal Reserve System. SETTLEMENT AGREEMENTS (a) agrees to comply with applicable ACH rules and that such rules shall govern the relationships among the originator, the receiver, and other parties interested in the item and covered by the applicable ACH rules; 26. Prior to originating or receiving items, an originator or receiver, and an account holder (b) agrees to handle the item in accordance with this bulletin; 08-87 6 BULLETIN 11 FEDERAL RESERVE BANK OF DALLAS appropriate Reserve Bank, which notifies the originator, accordingly. (c) authorizes the Reserve Bank holding‘the receiver's account to credit or debit, as appropriate, the amount of the item to the receiver's account on the settlement date; and RETURN OF ITEMS AND FUNDS (d) agrees to indemnify each Reserve Bank handling or settling for the item for any loss or expense sustained (including attor neys' fees and expense of litigation) re sulting from a breach of the foregoing agreements or from any action taken by the Reserve Bank holding the receiver's account in accordance with the foregoing authorization. 32. A receiver has the right to reversal of credits and debits made under paragraphs 20 or 21 of this bulletin by returning the item to its Reserve Bank, or in the case of automated returns by re turning the item to its Reserve Bank or any other Reserve Bank where it is authorized to originate items, in accordance with applicable ACH rules. The receiver's Reserve Bank converts paper items to automated form. A Reserve Bank re ceiving a returned item or adjustment sends it to the originator, or to the originator's local Re serve Bank, which sends it to the originator. The Reserve Bank(s) holding the originator's and re ceiver's accounts reverse the debit and credit previously made in settlement of the item. 28. The agreements, authorization and indem nity in paragraph 27 do not limit any other agreement, authorization or indemnity, not in consistent with paragraph 27, made by a receiver to an originator, a Reserve Bank, or another party. 33. A receiver may send a rejection of prenotifi cation or a notification of change to its Reserve Bank in accordance with applicable ACH rules. Reserve Banks handle these notices or other no tices as items, except that no funds are trans ferred. REVOCATION OF ITEMS 29. No originator or prior party has a right to revoke an item after it has been received by a Reserve Bank, except as provided for in applica ble ACH rules. 34. We do not have or assume any responsibility for determining whether the action taken by a receiver was timely. 30. We may, on our own initiative, cease acting on or settling for a credit item if the Reserve Bank holding the originator's account judges that there may not be sufficient funds in the originator's account on the settlement date to cover the item,. We promptly notify the origi nator and a receiver to which we have sent an item, or the appropriate Reserve Banks, which notify the originator and receiver, of nonpay ment of the item. DISPUTED RETURNS 35. An originator may dispute, in accordance with applicable ACH rules, the propriety of a return item by furnishing its Reserve Bank with the item and a claim form. The originator's Re serve Bank reverses the settlement for the return item and sends the item and form to the receiver or, in an interoffice transaction, to the receiver's Reserve Bank, which reverses the settlement for the return item and sends the item and form to the receiver. The receiver may dispute the 31. We may initiate a reversing batch of items in accordance with applicable ACH rules, if we discover that we sent a duplicate or erroneous batch of items. We notify the originator or the 08-87 7 BULLETIN 11 FEDERAL RESERVE BANK OF DALLAS handled after one year from the settlement date, and no claim, except one based on alleged fraud by this Bank, may be made against us after that time. originator's claim by furnishing its Reserve Bank with the originator's claim form and other docu ments in accordance with applicable ACH rules. The receiver's Reserve Bank reinstates the settlement for the return item and sends the claim form and other documents to the origina tor, or to the originator's local Reserve Bank, which reinstates the settlement for the return item and sends the documents to the originator. A Reserve Bank has no responsibility for deter mining whether an originator or receiver com plies with applicable ACH rules governing this procedure. 39. We disclose our records of an item handled, if the person requesting the information is a party to the transaction. Otherwise, we do not disclose records of items handled except in re sponse to valid grand jury subpoenas or court orders. PRICING 36. A receiver should keep records that permit it to identify the source of receipt of items. By sending a returned item or notice to us, a re ceiver (a) warrants to us, to the originator's Re serve Bank and to the originator that we sent the item to the receiver, and (b) agrees to provide to us on request records showing that we sent the item to it. 40. Our fee schedule shows the charges imposed for clearing and settlement of ACH items. We may make the charge as shown in the schedule to the originator's account or receiver's account or to a correspondent account designated by the originator or receiver. RESERVE BANK LIABILITY ADVICES TO ACCOUNT HOLDERS 41. Limitations on Liability. This Bank is re sponsible or liable only to an originator, a re ceiver or another Reserve Bank, and only for its own failure to exercise ordinary care, or for its own, or its employees', willful misconduct. This Bank does not act as the agent or subagent of another bank or person and is not liable for the insolvency, neglect, misconduct, mistake, or de fault of another bank or person. This Bank does not make any warranty with respect to an item it handles or settles for under this bulletin. 37. We provide, in a statement, advices of credit and debit to account holders for items for which they have agreed to settle. Advices of credit in dicate that credit has been given, subject to the provisions of this bulletin. Unless our account holder sends to us prompt written objection to an advice of debit, it is deemed to approve the debit on its own behalf and on behalf of an originator or receiver using the account for settlement. 42. Measure of Damages. RECORDS (a) The measure of damages for our failure to exercise ordinary care, or for our own or our employees' willful misconduct, with respect to a credit item (including a return credit item) is limited to damages that are attributable directly and immediately to the failure to exercise ordinary care or to 38. Originators and receivers should keep re cords that permit them to resolve questions that arise concerning the handling of items, and to resend items if we notify them that items have been lost because of computer outage or other reason. We do not keep any copies of items 08-87 8 FEDERAL RESERVE BANK OF DALLAS BULLETIN 11 of or settling for an item after one year from the settlement date of the item. the willful misconduct, but does not in clude damages that are attributable to the consequences of such conduct, even if such consequences were foreseeable at the time of such conduct. 45. Recovery by Reserve Bank. If an action or proceeding is brought against a Reserve Bank that has handled or settled for an item, based on: (b) The measure of damages for our failure to exercise ordinary care, or for our own or our employees' willful misconduct, with respect to a debit item (including a return debit item or a debit item adjustment) is the amount of the item reduced by an amount that could not have been realized by the use of ordinary care. Where there is willful misconduct with respect to a de bit item, the measure of damages includes other damages that are attributable di rectly and immediately to the willful mis conduct, but does not include damages that are attributable to the consequences of such misconduct, even if such conse quences were foreseeable at the time of such misconduct. (a) the alleged breach of, or the alleged fail ure to have the authority to make, any of the warranties, authorizations and agree ments referred to in paragraphs 8, 27 and 43 of this bulletin or the alleged breach of applicable ACH rules, by the originator, the receiver or another Reserve Bank, or (b) any action by the Reserve Bank in ac cordance with its bulletin, the Reserve Bank may, upon the entry of a final judg ment or decree, recover from the origina tor, the receiver or the other Reserve Bank, as the case may be, any amount the Reserve Bank is required to pay under the judgment or decree, together with inter est, as well as the amount of attorneys' fees and other expenses of litigation in curred. (c) The measure of damages for our failure to exercise ordinary care, or for our own or our employees' willful misconduct, with respect to a prenotification or notice un der paragraph 7 or a rejection of preno tification, notification of change or notice under paragraph 33 is limited to the amount of the fee for the notice or mes sage. 46. Methods of Recovery. The Reserve Bank may recover the amount stated in paragraph 45 of this bulletin by charging the originator's or receiver's account (or if the item was received from, sent to, or settled through another Reserve Bank, by charging the other Reserve Bank through the Inter-District Settlement Fund), if 43. Reserve Bank Indemnity. A Reserve Bank handling or settling for an item agrees to indemnify another Reserve Bank that handles or settles for the item for any loss or expense sus tained (including attorneys' fees and expense of litigation) as a result of the former Reserve Bank's failure to exercise ordinary care, or as a result of the willful misconduct of the former Reserve Bank or its employees. (1) the Reserve Bank has made seasonable written demand on the originator, re ceiver, or other Reserve Bank to assume defense of the action or proceeding; and (2) no other arrangement for payment ac ceptable to the Reserve Bank has been made. A Reserve Bank that has been charged through the Inter-District Settlement Fund may recover from the originator or receiver in the manner and under the circumstances set forth in this 44. Limitations on Claims. No claim may be made by any person against a Reserve Bank for loss resulting from the Reserve Bank's handling 08-87 9 FEDERAL RESERVE BANK OF DALLAS BULLETIN 11 RIGHT TO AMEND paragraph. A Reserve Bank's failure to avail it self of the remedy provided in this paragraph does not prejudice its enforcement in any other manner of the indemnity agreements referred to in paragraphs 8, 27 and 43. 08-87 47. We reserve the right to amend this bulletin at any time. 10 BULLETIN 11 FEDERAL RESERVE BANK OF DALLAS Appendix A TIME SCHEDULE AUTOMATED CLEARING HOUSE FILES Cutoff Hours This time schedule shows the closing hours for receipt by us of ACH formatted files containing debit and/or credit items of various classes including paper returns and no tifications of change (NOCs). Closing T im es1 F iles w ith remakes Files w ithout remakes Day cycle N ight cycle Day cycle N ight cycle 7:00 a.m. 7:30 p.m. 9:30 a.m. 10:00 p.m. Consolidated 7:30 a.m. 8:00 p.m. 10:30 a.m. 11:00 p.m. Direct 9:30 a.m. 10:00 p.m. 12:00 Noon 12:30 a.m. 9:30 a.m. 10:00 p.m. 12:00 Noon 12:30 a.m. Interoffice: Mixed Presorted Intraoffice Day cycle Paper Returns/NOCs Dishonored returns 6:00 a.m. Noon 1. Closing times represent the end of the deposit window. Originated files must be completely received (e.g. data transmission fully concluded) by the closing time. Originating points using data transmission, especially those having large and/or variable volumes of deposits, should coordinate the beginning of their transmission within the window to insure completion by the closing time. All times are Central Time. 2. Notification of the need for a remake will be provided not later than one-half hour before the final closing time for the particular class of deposit. If for any reason notification is not provided one-half hour before the final closing time, the Reserve Bank w ill extend its final closing time for that deposit up to one-half hour beyond the time of notification. 08-87 FEDERAL RESERVE BANK OF DALLAS BULLETIN 11 Appendix B FEE SCHEDULE AUTOMATED CLEARINGHOUSE ITEMS This Bank has established the following schedule of charges for automated clearing house services provided by us. Per Item Per Addendum $0,010 $0,002 $0,017 $0,003 $0,012 $0,010 $0,002 $0,002 DEBITS AND CREDITS ORIGINATED: Intradistrict basic fee Interdistrict basic fee Unsorted Presorted, Consolidated Presorted, Direct Sent N ight Cycle Surcharges: 1 Next-day credits, automated NOCs and prenotes Next-day debits $0,020 Files deposited, per file $1.00 Tapes deposited, per tape $3.75 History Database Access (CATIE or dedicated terminal option) $1.25 Paper Item Surcharge: 2 Paper return items and notification of change (NOCs) $0,045 $3.75 DEBITS AND CREDITS RECEIVED: Intradistrict basic fee $0,010 $0,002 Interdistrict basic fee $0,017 $0,003 Your messenger, per output file $3.75 Our courrier, per file delivered $4.75 TELEPHONE ADVICE: Up to 10 pieces of information $3.50 Each additional piece of information $0.05 1. T here is no surcharge for night cycle tw o-day credits or for addenda originated, or for debits and credits received. 2. W hen these items are deposited in p aper form, the $3.75 per item surcharge is added to the appropriate basic fee. Return items, NOCs and prenotes deposited in autom ated form are billed at the appropriate basic fee, plus the appropriate night cycle surcharge if the item is deposited at night. 01-88