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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

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- 1 2 -

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--

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15

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- 1 6 -

Debit

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°

granting
credit
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adjustments
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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