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FEDERAL RESERVE BANK OF NEW YORK [ Circular No. 10288 ”1 March 2, 1989 REDUCING RISKS ON AUTO M ATED CLEARING HO USE TRANSACTIONS Revised Proposal on the Treatm ent o f ACH Transactions Comm ent Invited by M arch 31, 1989 To the Chief Executive Officers o f All Depository Institutions in the Second Federal Reserve District: Following is the text of a statement issued by the Board of Governors of the Federal Reserve System: The Federal Reserve Board has issued for comment a series of revised proposals regarding the finality accorded au tomated clearing house (ACH) credit and debit transactions processed by Federal Reserve Banks. Comment is requested by March 31, 1989. Comment was previously requested on a series of proposals in December 1986 (Docket No. R-0515-C). Since a majority of commenters opposed those proposals, the proposals have been revised to include the following provisions: • Grant finality to receivers of ACH credit transactions at 6:30 p.m. local time on the settlement day; • Treat credits given to originators of ACH debit transactions as final payments at 10:00 a.m. local time on the busi ness day following the settlement day; • By the time set for finality of ACH payments, advise depository institutions with on-line connections to Fedwire that payments are being reversed, and endeavor to so advise off-line institutions by telephone; • Reserve the right to debit the reserve/clearing accounts of depository institutions originating ACH credit transac tions at any time during the settlement day; and • Grant credits for debit-item adjustments only when the Reserve Banks can recover credit from the originating de pository institution. Enclosed — for depository institutions in this District — is the text of the Board’s proposal, as submitted for publication in the Federal Register. Comments thereon may be sent to the Board of Governors, as specified in the Board’s notice, or to Andrew Heikaus, Manager, Funds Transfer Department at this Bank, by March 31, 1989. Copies of the enclosure will be furnished to others upon request directed to our Circulars Division (Tel. No. 212-720-5215 or 5216). E. G erald C orrigan , President. FEDERAL RESERVE SYSTEM [Docket Risk on AGENCY: Board ACTION: Request SUMMARY: The ("Board") is Reserve Automated of Governors for Board transactions. of implementing in May, 1985. the changes risk (S e e , House Federal of changes Funds proposed Transactions Reserve Federal in clearing are intended policy statement, Transfer System. the Reserve way that house as System Federal ("ACH") additional adopted by "Reducing Systems," 50 steps the Board Risks Fed. on Reg. include: granting finality to transactions at 6:30 settlement the changes reduction policy 21120.) 0 the automated Electronic ° of several Large-Dollar The Clearing Governors treat These in R-0661] comment. proposing Banks No. receivers of ACH credit p.m. local time on the day; treating credits given to o r i g i n a t o r s of A C H debit t r a n s a c t i o n s as final payments at 10:00 a.m. local t i m e on the business date following the s e t t l e m e n t day ; 0 advising depository institutions with on-line connections to Fedwire that payments are being reversed by the time set for finality of ACH payments; 0 ° endeavoring to advise telephone that payments reserving accounts the of right credit transactions settlement day; and [Enc Cir. No. 10288] to depository off-line are being debit institutions reversed; the reserve/clearing institutions at any time by originating during the ACH -2- « DATE: granting credit for debit item adjustments only when the Reserve Banks can recover c r e d i t from the originating depository institution. Comments ADDRESS: may be C. mailed 20th 5:15 p.m. 9:00 a.m. § or and 5:00 only, to be p.m., B-2223 Regarding as Docket of Mr. inspected except 1989. the Avenue, of room 31, to Governors attention may Rules refer Constitution delivered INFORMATION of I. Federal Ireland, M. N. W., between in room provided No. R-0661, Federal William Availability CONTACT: Reserve W. Wiles, 8:45 a.m. and between section of Reserve Washington, B-1122 in 261.8 Information, Washington, of D. of 12 Telecommunications Earnestine Hill SUPPLEMENTARY or Dorothea of For 20551. Device for Thompson Adviser, (202/452-3955); Counsel Attorney, Governors C. Young, Operations General Senior Board Florence Bank Associate Boutilier, (202/452-2418), System, the of March 261.8. Division Elaine and by should Board Comments FURTHER Oliver the to received which Street Board's C.F.R. FOR to 20551, Secretary, the oe Comments, System, D. must (202/452-3625), Legal Division Federal the or the h e a r ing the Deaf Reserve impaired (" T D D " ), (202/452-3544). INFORMATION: Background Two credit credit payment types of transactions transactions, to tne payments and debit funds receiver. flow the transactions. flow The over from majority the of ACH In mechanism the case of -ACH originator of ACH payments credit the 3 are payroll, deoit pension, transactions, originator. collect The cash In the the proportion of The may addition, the night The is one processed cycle. on given entries are to ACH posted transactions until the right to Previous may of December settlement currently the on mortgage draw receiving to loan used down for for balances located the largest Transactions settlement -- the right day debit day to a or until given Reserve following a reverse credit by and payments. transactions and may date a provisional reversed the are cycles day, be used transactions. credit the for Bank settlement. transactions have the comments. 1986, tne (Docket No. Board local time on requested comments on the R-0591): to provide finality to transactions amounting p.m. ° ACH the subsidiaries are reserve business and proposals 0 the to operating of and mechanism. transactions to are ACH them. proposal following on ACH of receiver account before two institutions return In days of or case transactions is, they of the transactions that currently debit audition, two receivers opening debit value In payments, value-dated one Banks credits In a or All Reserve bill and the debit affiliates dollar ACH from ACH purposes, country, originated be of ACH of payments. flow premiums, accounts throughout be funds concentration from annuity majority insurance payments. or - the receivers to $5,000 settlement of or ACH less credit at 1:00 date; to provide finality to receivers of ACH transactions amounting to m o r e t h a n $5,000 credit when the Reserve finally collected Banks have funds; received actually and 4 - ° to notify receivers - of ACH credit payments were reversed before on a "best e f f o r t s " basis; and ° to retain the tr a n s a c t i o n s at received The The of Board majority the tnat and received was large-dollar amounts proposed granted at a smail-aoliar credit opening oelieved of tnat large-dollar believed that final the at creait opening rinaily until collected participating that tne proposal of would the and on that and uncertainty reduce credit be to the add the than had their resulting attractiveness from of treated for and ACH ACH debit actually to the They ACH and risk of indicated adoption the as day. received customers. of percent finality substantially at finality be more final commenters 50 should or be that as settlement $5,000 should All for more dollar transactions. day. delaying Banks the treated set case oetween believed settlement be that the commenters finality transactions Reserve funds ACH should amounting the that should business institutions increased woiila time In distinguish commenters oelieved transactions transactions all the credit proposals. to transactions, ACH proposals. these transactions, the on on reason for has funds. transactions, and if finality ACH debit Reserve Bank credit transactions Commenters creait of specific all good time business a ACH the of collected comments arbitrary, specific percent finally opposed credit were Eighty-five the no and 112 concerning there time right to reverse any time until the actually commenters proposals stateu small of transactions the of this mechanism. 5 - A majority at a the of commenters specific same time time argued and oe - that indicated designated finality that for they both should would be prefer and debit granted that credit transactions. If ACH tne credit day, suggested, the institutions not be surficient The concerning be settlement balance the receiving i at Board faced transactions late Banks to recover originator is unable g incited . no enough large adopt the the Board payments. should settlement the it be made small-dollar prefer proposal. granted would had this if they business Banks risk, institution the funds, cover of receiving day would believes be the some to and the settlement that Reserve should on the all on Banks' because the for proposal by distinction opening to by on cover uelieves great faced Reserve commenters the time Reserve or risk too to accorded institutions, credit a is The 1986 originating that While business the increased the believes the on payments finality of currently account finality day, Banks an its granted Reserve time, in transactions. finality ACH whether Board the commenters any grant opening substantially to funds the to eliminated. reverse regard were exposure be be to at many would aDle credit as credit would without Banks transactions settlement nowever, Reserve with that at is payments the faced by the In order that faced finality 6:30 day that on risk ACH to p.m. that it by for local permit determined to the that has - 6 - With ACH debit and commenters specific time not for treat credits final at the adopted given Banks' given 10:00 to a.m. settlement risk ACH would the local time on that differ or provide Board debit Bank substantially circular To ACH Reserve a transactions. the the of debit institutions, of majority a not for received which 1986. originators given had indicated operating in credits they They for comment depository after after current for treat funds, proposal. the published to only collected credits of proposal final be Reserve terms certainty as this should reverse the proposal the finally opposed The unuer to transactions actually would regard the greater proposes to transactions business day as following day. D i s c u s s ion Three finaxity and for issues ACH customs; Reserve that may and cnanges result in ACH in to At settle the credit in the for same an the use -- indicates time, item is the after of The that current the Federal and (3) the potential for ACH transactions mechanisms. Reserve Banks ' for Banks of of practices payment available notice timing by credit Reserve the faced finality of in (1) institutions; Practices transactions considered exposure treatment shifts currently credit day. the been transactions: depository Current circular credit (2) by have tne given use ACH to on reserve operating receivers the the suspension of settlement right or not closing 7 - of the the originator Reserve item if a funas in cover the have Banks Reserve tne on are to Regulation E, and preempt (1 2 via no oay depository settlement the the that 229.10(b)) institutions day ACH but does Uniform 2/ Ibid. , p a r a graph to 31. -- Letter, Banks be Banks have been are not transactions provided the CC, depository The institutions of business of paragraphs does E not requires accounts day, 24 the availability. Regulation time make for on but earlier consumers' to available date, require a to all transactions. opening specify day Regulation transactions Board's sufficient until influence depository may credit transactions. also credit not Operating of a Reserve before typically settlement The the Reserve credit credit than rules j./ requires following $ -- ACH be accounts institutions rules ACH later existing C.F.R. CC not settlement clearing would addition, for transactions regulations of may provisions, reversal and treatment received business the NACHA Regulation withdrawal notices In settling the Further, depository rules on or day. or there credit reserve following institutions' funds reverse althougn day that these received.^/ on account on settlement is acting judges Based to Other Board's Bank notify reversed business cease affecting the obligated receiver originator's right transactions the may item.fi/ the posted or - and and 25. as it of the does - 8 - not require depository use on and Official the day Staff incorporated Letter, to are make payments they in tunas on are stringent depository consumers at the Current are opening receiving institutions are generally o u s m e s s vary; the funds day, settlement day. 3/ Operating Association, 4/ Operating House be or Rules pages not of guidelines available settlement and days make annuity with Funds the to on the customers day Automated the payments data opening availability business National The transaction at to payments business institutions the provided date. these of d a y . 4/ before generally to of practices on the following Clearing the House 12. Guidelines Association, are institutions corporate-to-corporate available the funds two are corporate pension, or which Operating NACHA settlement night, until rules, and the opening date. made OR the receiving settlement may settlement to one data the at on Payroll, dollar processed provided on at make for 205.10(a)(2) depository Further, to § available ACH consumer institutions Larger typically — before consumers day. both transaction depository to settlement and Uniform require processed date, avaiiaole NACHA business Practices typically of Q10-13.) day.;L/ of funds C.F.R. institutions settlement majority for make (12 Banks' and settlement encourage payments Reserve available the to credited. Commentary, the more institutions pages of OG the V - 8 . National Automated Clearing -9- Credit depository Exposure institutions inversely based transactions. depository on receiving exposed some to the business aue to most customers Banks reserve originator is nnancial this "problem" receiving loss, risk. to the a which In audition, procedures that permit have do funds they is is until the posted. time If their used, Reserve the Banks' discovered until to Reserve reimburse payments as risk the have not well available though not as This been The generally day transactions it its are the risk that an day day. institutions Banks credit that the them is exposed has have institutions Banks require to taken the steps risk to implemented transactions Reserve to are Reserve Reserve ACH institutions, even loss. fund The monitor aay funds Federal positions. in to making customers reduced, operating day. of accounts the is ACH settlement settlement reverse experience settlement Wniie the for situations tne procedures to and unable the varies rise. current practice clearing would on by credit risk institutions settlement institution to reduce the reversed limited of loss right and are following on to Banks' following the reserve institution is of ACH Reserve tends faced Reserve accorded Federal risk institutions' tneir depository finality as exposure Federal depository risk day credit the Reserve circular, payments is, institutions' the The and the That Under all -- originated in are problem weak by financial implementing depository - 1 0 - institutions of credit to prefund transactions deposited for transactions highly loss not are value depository of these diverse appear tne ACH. by 90 the percent pension, payments cover time group. As a institutions of and is receiving the ACH for in that there for ACH the they all ACH annuity less such value are than the credit payments. $600, payments result, receiving the day funus depository practices, the and The the are generally potential financial small-dollar transactions, more the should certainty grant payments depository day. for Board the the change Terms has -- of a is the time typically Banks, the to granting opening of business and provide incentives their payment practices. for at does transfers that review depository of It between After this Banks. funds -- distinction that of in credit which the objective close therefore, the current and payments Federal ACH First, the institutions shifts determined receivers Reserve Reserve at mechanisms Accomplishing institutions The lessen to of believes potential regarding Transactions shift transactions exposure the a Board could provide finality. proolems the Finality and Payment been transfer credit Banks, policies has of institutions Proposed Reserve Use credit settlement and the Nevertheless, finality at to substantial. not tne over payroll, Changes on collateral originated institutions faceu pledge processing. Furthermore, median or Reserve transactions Reserve poses several supervisors institutions generally Banks of late would not in oe -li able to begin originator Second, is over all of the closing and ACH be will order to receiving credit receiver settlement may be da^ . transactions will be institutions with on-line local on-line items receiving tnat do Bank will local it be name have attempt Due for the notice should to the 6:30 the time afternoon. be While affected potentially a by large considerable those institutions for the the Reserve Board final will proposes payments receiver provide of of to by 6:30 p.m. final. by to losses not of that Board may Therefore, before 6:30 to time, then an the institutions the by Reserve 6:30 p.m. potentially have does accrue the to sent Fedwire, making whose notice those telephone the that wire local For institutions day, is the receiving Fedwire reversal to on a means difficulty p.m. the by notice the as by institution be to faced originating connections give accept by to to for a and treated connections on-line business given of calls not notify Banks institution telephone would an mechanism. institutions, be reversed If the ACH risks local considered time. closed not be not numerous that time. will the Reserve tne p.m. to that reversed. p.m. institutions the affected depository The in institution, required balance 6:30 use be transactions at late ordinarily originating may transactions Banks tne one time In that institutions institutions until institutions institutions of receiving closed 20,000 of of amount that being these number notifying firm already not if believe notice 6:30 p.m. can - 1 2 - finality only applies institutions, the g the 6 : 3 0 by will Board finality. The notice useful accompanying this notice may b:30 be p.m. (1) not it Banks funded was to ACH In the before in in but not the p.m. Central local the and could and rnay be the time. Eastern (2) be losses able and parts to at 5:00 notify Pacific if time would Because time time zones had before if of the an p.m. receiving institution the the may and incurred example, closed a exposes originated western For were Mountain local or be off. time had on should unexpectedly it day. by comments Specifically, closed California shut p.m. provided down; p.m. mid-west Banks is the receiving reversals or losses the best down loss. originated 6:30 is the p.m. this 6:30 requests of 6:30 without to be computer were in in can Board 6:30 of the Reserve located transactions Linality is whether after useful transactions late located Time, at on late be the Bank's risk in how notice addition, closed reversed notice, notice institution and computer credit country that give other proposed comment still originator located institutions For such the notification finality institutions Pacific for some closed. are and Reserve an tne data, timely time a if institution to if on receiving given institution's incurred final comments connections, Granting Reserve attempt requests the Because now receiving to be computer if will become also transaction through handled not requests Board institution. the Bank institutions. p ,m. The is on-line Reserve transactions 1ven to would zones De set have for 13 - pas sed before the Banks would Reserve tnose regions incurred. California of The not the for and commenters would accept It is institution Banks this will on This transaction on the of case the Federal Reserve no institutions the on the tne next this data reversal opening for As charge the the that a private in losses it risk ACH is of loss processor giving an the depository that their the also the would night to its following In the at be a mace For courier to could on comments commenters give receive accounts the or delivered addition that of day. cycle. via insitution update day opening transactions In reversed. transactions delivered requests still institutions settlement the institution. Reserve connections ACH with the being before of are included the are transactions close receiving originator, electronic up a before scheduled date . an proposes the such following depository on any absorb accept provided with and business the transactions whether receiving day Board transactions settlement Board to of reversed be closed, on a after transactions proposal, time that be pick than would delivery latest will office, whose to transactions that later Reserve to business or would closing institutions Banks mail, data reverse comments that, the individual Reserve availaole of was risk. available data business of to and believe proposed make the Federal type notice able requests appropriate whether institution country Board the be - added that accounts protection the of against Reserve originating Banks potential losses, reserve the right institutions any time the to during 14 - tne settlement that day. where ACH to Tne there reverse ACH also or not on tne Reserve that had it not a for Banks be day. would reduce Banks the on situations to This delivered day in -- The fund change would to need receiving risk faced item the the may if the by judges originator's of the i t e m . 5/ does not change to This the ACH given opening settlement refuse it Banks’ credits after following Bank Reserve that reversed debit funds return been in ability Reserve indicates Reserve a right originator's the settling transactions. business that this settlement that currently sufficient or the transactions use an Transactions will given chargeback the Deoit indicates oe credit items credit on result, circular debit business a ACH ACH would probability As credit about transactions of ACH Banks concerns the institutions. operating all transactions reduce receivers for Reserve were credit would day - receiver's It the there account finality of day. permit that for to use may cover granted right by of r e t u r n . 6/ Credit originating ACH suestantially In most uy receiving received da>s by cases, by Exposure debit the some tne following finality portion Uniform ACH b/ Ibia, paragraph risk granted of debit and originating the The 33. the is by Letter, by institutions not the affected Federal transactions return institution settlement Operating faced transactions institutions, 5_/ -- day. items until Most paragraph 23. as are may many Reserve. returned not as depository be five 15 - institutions back such collected financial have agreements Alternatively, through the stability Because are obligated the settlement whether been posted to be reversed local a time receiver transactions originators receiving i0:00 on institutions Reserve business business ACH be data office later whether treat as the tnan would their the original transactions would be included institutions served by couriers on or of the day. the to to advise of the reversed made the day next by day. available Reserve at the Postal ACH settlement settlement the settlement being be to a.m. name the the 10:00 and transactions close given at the are needed depository proposes of connections the final a following for the have result, credits Board on determine a day fails following to payments certainty payments following day no up the business As business to reversals funds transactions accounts. following day on transactions of able ail transactions whose close when the reversed, these pick on charge about debit are determine day electronic that the greater business with ACH transactions debit on concerned Banks paid holds to customer. transactions debit to by proposes the the tnose to debit place are clearing ACH are them provide customers receiving morning institutions a.m. to or Board of of Transaction or To the on they been able the they Reserve have be in day. of the their corporate for reserve would originaturs If day, to institutions, their settle items Bank settlement of if institutions to debit Reserve with items. ACH - a to Banks Federal cycle date. delivery Service. on the Reversal to - 1 6 - Debit Item Adjustments receiving institutions to 45 about provides not days notice debit for item by If such the the the item currently is would the failed the returns debit credit claim exposes the the in part, called and has the settle failed Reserve Banks returning against customer. or are item up consumer process processing, a a whole Banks permit transactions if in Such to have bank's therefore, the failed bank debit item some risk the basis Processing Reserve Banks to obtain credit loss . This that an ACH customer's altered or prior intermediary, Board Operating Association, on as to the Rules page OR the basis the parties of 17. the authorized in a the case forged In the receiving of breach it Bank, risk National of is of must a or payor a forged prove must the claim warranty. any for an knowledge Rather, Therefore, Automated from forged reasonable loss. involved. a the bank without of of case customer on differs check, the believe Reserve assume by of not a not risk. and does such was checK, the to credit the altered banKS borne consumer case forgery, transaction be the bears an or a obtain In bank The should to check. alteration of transaction right indorsement against right debit (receiving) y only date, Reserve obligated or the the rules debit was, c o n s u m e r .2/ for would of entry submitted and adjustments, debit and NACHA settlement of be The consumer originator institution possibly return the adjustments them. before after that autnorized to -- this the Clearing of risk Board House 17 - proposes that adjustments originating the only Reserve when Board of -- Governors proposals the the credit preceding public at debit from item the comment of to ACH discussion, on p.m. following transactions: receivers 6:30 the the business advising receiving on-line connections endeavoring telephone the of local ACH time credit on the day; being reversed payments; 0 for treating credits given to o r i g i n a t o r s of A C H transactions as final payments at 10:00 a.m. time on a a te ; ° on finality settlement ° recover finality transactions ° credit institution. Based granting grant can requests concerning 0 they depository Proposals Banks - by to day depository to Fedwire the time advise that following set are settlement institutions with that payments are for off-line payments the debit local finality of institutions being ACH by reversed; reserving the right to d e b i t the reserve/clearing accounts of institutions originating ACH credit transactions at any time during the settlement day; and Reserve ° granting credit for debit item adjustments only when the Reserve Banks can recover c r e d i t f r o m the originating depository institution. By order System, of the February Board 23, of Governors of the Federal 1989. (signed) William W. Wiles W i l l i a m W. W i l e s S e c r e t a r y of the Board