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FEDERAL RESERVE BANK OF N EW YORK r Circular No. 8 9 5 3 "1 November 13, 1980 L J N E W OPER ATING CIRCULAR ON COLLECTION OF CASH ITEMS To All Depository Institutions in the Second Federal Reserve District, and Others Concerned: Enclosed is this Bank’s new Operating Circular No. 4, entitled “Col lection of Cash Items,” effective November 13, 1980. The new circular replaces both existing Operating Circular No. 4, entitled “Collection of Cash Items,” and existing Operating Circular No. 6, entitled “Instructions to Collecting Banks and Paying Banks.” The new circular was extensively revised to complement the recent revision of Subpart A of Regulation J. The regulatory and operating cir cular revisions have been designed to clarify Subpart A and the circulars by restating them in plain English. In addition to the simplifying changes, however, a number of substantive amendments were made. Finally, appen dices have been added to Operating Circular No. 4 setting forth the terms under which we provide our various collection services. Branches and agencies o f foreign banks are eligible for our cash-item collection services beginning N ovem ber 13, 1980. O ther nonm em ber d e pository institutions are currently scheduled for access to these services, under the M onetary C ontrol A ct of 1980, in April 1981. Substantive changes In addition to restating many of our operating procedures in plain English, six substantive changes were made in the new Operating Circular No. 4. The changes involve the late return procedure, notices of delays in transit, missorted return items, tender of defense, postdated items, and recordkeeping requirements. The current late return procedure allows a sending bank that believes a cash item was returned late by the paying bank to challenge the time liness of the return and allows the paying bank to answer the challenge. Paragraph 38 of the new Operating Circular No. 4 amends this procedure by changing the forms that the sending and paying banks use in the pro cedure and makes use of the forms mandatory. The text of the new forms is enclosed. Banks using the procedure should submit the information required by the forms. Our policy on giving notice of delay in presentment and return of cash items has been added to paragraph 11 of Operating Circular No. 4. Such delay might be caused by adverse weather conditions or other factors. W e do not give notice unless the delay is expected to affect at least ten pay ing banks and to last at least three business days. If we send a return item to the wrong bank, we require that bank to return the item to us promptly. The new requirement is in paragraph 40. Under Section 210.5 of Regulation J, a Reserve Bank may tender defense of certain actions brought against it to its sending bank. The Reserve Bank may charge the amount of any judgment against it to the account of the sender. Paragraph 31 of Operating Circular No. 4 makes clear that this right applies whether or not the sending bank actually undertakes the defense. Some question has arisen whether postdated checks qualify as cash items. An amendment to paragraph 4 of Operating Circular No. 4 makes it clear that they do. Finally, paragraph 50 reminds banks that Treasury regulations require banks to keep records of many items. Agreements contained in appendices Operating Circular No. 4 contains in Appendices D, E, F, and G the texts of the agreements that we now enter into with banks using our col lection services. Following each agreement are form letters that banks using that service would return to us showing their agreement to the terms. W e anticipate that this procedure will ease the task of obtaining agreements from the users of our services, and simplify the process of making any amendments to the terms that may be necessary. Appendix D is the Immediate Settlement Agreement. Under this agreement, as required by Section 210.9 of Regulation J, a paying bank agrees to make payment for a cash item by the close of the banking day on which the item is presented. W e require that every bank to which we send cash items complete this agreement. If the paying bank makes pay ment for cash items by a charge to its own account, it agrees to the terms by executing a letter in the form shown in Appendix D -l. If the charge for cash items is to be made to the account of a correspondent, the paying bank and the correspondent execute a letter in the form shown in Appendix D-2. Additional information about the immediate settlement procedure is con tained in Appendix D-3, “Operating Instructions for Settlement of Our Cash Letter Sendings Under the Immediate Settlement Agreement.” 9 Appendix E is the Intercept Agreement, which contains the terms under which we present cash items to a bank at a location other than the premises of the bank. A paying bank that wants us to present cash items payable by, at, or through it to a processor or correspondent must agree to these terms by sending us a letter in the form contained in Appendix E -l. This form must also be signed by the institution to which we deliver the cash items. Appendix F contains the terms of the Manhattan, Bronx and Brooklyn Collection Arrangement. Banks participating in the arrangement send a messenger to the Head Office to receive items payable by, at, or through the paying bank. More detailed information about the arrangement is contained in a pamphlet available from the Check Processing Department at the Head Office. A bank that maintains an account with us agrees to these terms by executing a letter in the form of Appendix F -l. A bank that does not have an account with us must arrange to have charges made to the account of a correspondent and would agree to these terms by execut ing, and having the correspondent execute, a letter in the form of Appendix F-2. Appendix G contains the terms of the Thrift Institution Collection Arrangement. Under this arrangement, a paying bank arranges to have a messenger call at the Head Office for cash items payable by, at, or through the paying bank. A paying bank having an account with us must agree to these terms by executing a letter in the form of Appendix G -l. A pay ing bank not having an account with us must arrange to have the charges posted to the account of a correspondent and must execute, and have the correspondent execute, a letter in the form of Appendix G-2. E ffective N ovem ber 13, 1980, all institutions using these services for the first tim e will b e required to execu te agreem ents in the form contained in the appendices. For institutions already using our services, w e will continue to rely on the agreem ents already in place and not require agree m ents in the n ew form at this time. Other authorizations A number of specific service arrangements are available with the prior authorization of this Bank. Such arrangements include mixed/unsorted cash letter (Operating Circular No. 5, f 7 ), direct sending (Operating Circular No. 4, f 17), consolidated check shipment (Operating Circular No. 4, f 18), RCPC package/group sort (Operating Circular No. 5, f 9 ), and city-on-city cash letter deposits (Operating Circular No. 4, 51 14). These arrangements may be made by sending a letter to the local Reserve Bank offices (Head Office, Buffalo Branch, or Cranford, Jericho, or Utica Office) outlining the arrangements desired. Brochures are available more fully describing the direct send and consolidated shipment arrangements. 3 Inquiries If you have any questions regarding the foregoing procedures, please contact: H ead Office Janet L. Wynn, Manager, Check Processing Department (Tel. No. 212-791-5321) Buffalo Branch Robert J. McDonnell, Operations Officer (Tel. No. 716-849-5022) Cranford O ffice Fred A. Denesevich, Regional Manager (Tel. No. 201-272-9000, Ext. 500) Jericho O ffice Joseph M. O ’Connell, Regional Manager (Tel. No. 516-997-4569) Utica Office Edward H. Denhoff, Operations Officer (Tel. No. 315-736-8321, Ext. 55) A nth ony M. So l o m o n , President. 4 SENDER’S LA T E RETURN IT E M C L A IM ( Prepare and submit in duplicate ) D a te.................................................. TO: FEDERAL RESERVE RANK OF NEW YORK [BUFFALO BRANCH] [ ..............................OFFICE] The returned cash item described below and attached is being delivered to you because of LATE RETURN: 1. Amount...................................... 2. D ated.......................................... 3. Drawn by (D raw er)............................................................................. 4. Payable to ( Payee) ................................................................................ 5. Check No........................................ 6. Our bank sent this cash item to .............................................................. in a cash letter dated.................................................................................. totaling $ ..................................... , tape total $ ......................................., listed between items for $ .......................................................................... and $ ...................................... 7. This item was apparently returned by the paying bank on .......................................................... [Date] 8. We received the return item o n ..................................... from your bank in a return item letter [Date] dated ..................................... totaling $ .............................., tape total $ ......................., listed between items for $ ........................................ and $ ................................. We claim that, according to our records and the indorsements and stamps on the item, the paying bank did not take all action necessary to recover its payment within the time limits of Regulation J and we certify that, as to wire advice of nonpayment for the item, we received [CHECK ONE] □ Wire or phone advice o n ................................................................. [Date] Q No advice other than the returned item. This late return caused us to incur financial loss, because of lack of authority to charge the item back to our customer, or for other reasons. Please credit our account provisionally and advise. [Sending Bank] By ....................................................................................... [Authorized Signature] Knowingly making a false statement on this form to influence the action of a Federal Reserve Bank in granting a credit may subject the signing party to criminal penalties under Federal or State law. [Enc. Cir. No. 8953] i ted F e d e r a l Re s e r v e Ba n k OF NEW YORK Circular No. 4 [ RevisedOperating effective November 13, 1980 ,1 COLLECTION OF CASH ITEMS To All Depository Institutions in the Second Federal Reserve District, and Others Concerned: CONTENTS Topic Paragraph No. General ....................................................................................... 1-3 Items that we handle as cash ite m s .................................... 4-5 Items that we do not handle as cash items ..................... 6-9 Collection and presentment ................................................. 10-11 Preparation of cash letters ..................................................... 12-14 Indorsements ................................................ 15-16 Direct sending to other Reserve offices ........................... 17-20 Time schedules and availability of credit ....................... Immediate credit Deferred credit 21-23 Payment for cash letters ......................................................... 24-25 Differences and adjustments ................................................. Return items ...................................................................... Returns without e n tr y ..................................................... Preparation of return items .......................................... 26-27 28-40 30-31 Disputed returns ............................................................. 38-40 32-37 Uniform instructions on protest and advice of nonpayment 41-45 Charges for communications ................................................. 46 Size; routing numbers; records ............................................ 47-50 [Enc. Cir. No. 8953] Paragraph No. Topic Missing or destroyed items; Photocopies ......................... Mutilated cash letters ..................................................... 51-58 51 Items discovered missing or destroyed..................... 52-53 Handling of photocopies of cash items ................... 54-58 Right to amend .................................................................. 59 Effect of this circular on previous circulars ..................... 60 Appendix A — Government Checks Appendix B — Postal Money Orders Appendix C — Food Coupons Appendix D — Immediate Settlement Agreement and Correspondent Authorization Appendix E — Intercept Agreement for Off-Premises Presentment of Cash Items Appendix F — Manhattan, Bronx, and Brooklyn Collection Arrangement Appendix G — Thrift Institution Collection Arrangement 2 General 1. Subpart A of Regulation J ( “Regulation J ”) of the Board of Governors of the Federal Reserve System ( “Board”), this operating circular, and our time schedules apply to the handling of all checks and other cash items that we accept for collection and all bank drafts and other forms of payment that we receive for such items. This cir cular also contains instructions to paying and collecting banks for handling and paying checks and other cash items contained in cash letters received from this Bank. This circular is issued pursuant to Sections 4, 13, 1 4 (e), and 16 of the Federal Reserve Act and related statutes in conformity with Regulation J. It is binding on the sender, on each collecting bank, paying bank and nonbank payor to which we or a subsequent collecting bank present or send a cash item, and on other parties interested in the item, including the owner. 2. Each Reserve Bank has issued a circular substantially similar to this one. When we send a cash item to another Reserve Bank, that Reserve Bank handles the item subject to its operating circular and time schedules. We give credit to the sender for the item in accord ance with our time schedules. 3. All terms defined in Regulation J have the same meaning in this circular. Many terms used in this circular, including terms not defined in Regulation J, have specialized meanings that have developed through law, custom and commercial usage. Unless otherwise stated, all references to this Bank include our Head Office, our Buffalo Branch, and our offices at Cranford, Jericho, and Utica. Items that we handle as cash items 4. A sender may send the following items to us for handling as cash items, unless otherwise provided in this circular: (a ) Checks, including postdated checks, except checks drawn on a bank included in the Board’s current “Memorandum on Exchange Charges” indicating banks not paying checks at par; (b ) Government checks, postal money orders, and food coupons;1 and 1 Provisions governing the collection of Government checks, postal money orders and food coupons are contained in Appendices A, B, and C of this circular. 3 ( c ) other demand items, collectible at par in funds acceptable to the Reserve Bank of the Federal Reserve District ( “District” )23 in which the items are payable, that we are willing to accept as cash items. 5. When we accept an instrument for credit to our own account, the account of another Reserve Bank, or any account on our books, we handle the instrument as a cash item if it qualifies as a cash item even though it is sent to us by one other than a “sender,” as defined in § 210.2 of Regulation J. Items that we do not handle as cash items 6. We do not handle any item as a cash item if: (a ) A passbook, certificate, or other document is attached to the item; (b ) Special instructions, including a request for special advice of payment or dishonor, accompany the item; (c ) The item consists of more than a single thickness of paper, except as provided in paragraphs 52 and 53 of this circular regarding photocopies, but we do handle as a cash item a mutilated, erroneously-encoded, or other cash item contained in a carrier that qualifies for handling by high-speed check processing equipment; or (d ) Except as provided in paragraphs 52 and 53 of this circular regarding photocopies, the item has not been preprinted or postencoded, as prescribed by the American Bankers Associa tion, before we receive it with (1 ) the Federal Reserve rout ing symbol and the suffix of the institutional identifiers of the paying bank (or nonbank payor), and (2 ) the dollar amount of the item. We handle these items as cash items, however, when we judge that special circumstances justify such handling. These items should be sent to us for collection only as noncash items under our Operating Circular No. 6, “Collection of Noncash Items.” 7. We do not handle an item payable by or through one office of a bank that is sent by another office of the same bank. 8. We do not handle an item that has been dishonored two or more times. We reserve the right to return an item or to handle it as 2 The Virgin Islands and Puerto Rico are deemed to be in the Second District, and Guam and American Samoa in the Twelfth District. Regulation J, Note 1. 3 The terms “routing number,” “routing symbol,” and “institutional identifier” have the meanings given by the Routing Number Task Force of the American Rankers Association and the Federal Reserve System. 4 a noncash item if it has been dishonored once, or if we judge that special conditions require that it be so handled. 9. If an item that we do not handle as a cash item is sent to us in a cash letter, we will charge it back and return it to the sender. In addition, we reserve the right to return and charge back a cash letter that does not conform to the sorting requirements of this circular and our time schedules. Collection and presentment 10. Under Section 4-204(1) of the Uniform Commercial Code, a collecting bank must send items by reasonably prompt methods. Accordingly, we discourage indirect routing of cash items. Senders should not send to us, or to other Reserve Banks for our account, items that are payable in other Districts and that bear the indorse ments of banks located in other Districts if it is evident that the items have been routed indirectly. 11. We do not by this operating circular, or otherwise, agree to present, or cause presentment of, an item earlier than is required by State law. We have no responsibility for giving notice to senders of anticipated delays in presentment, or return of cash items, unless the delay is expected to involve at least ten paying banks and at least three banking days. A paying bank may request off-premises presentment pursuant to the terms of Appendix E to this circular. We reserve the right to return without presentment an instrument payable by or through a bank that is designated in the Board’s “Memorandum on Exchange Charges” or that has been reported closed. Preparation of cash letters 12. All cash items sent to us, or to another Reserve Bank direct for our account, may be listed by amount without further description in tape listings accompanying cash letters. All cash letters and tape listings should be dated and identified with the sender’s name and nine-digit routing number, if any. 13. Each sender should keep records that permit it to identify its depositors or indorsers on items so that the sender can take appropriate action if an item is lost or destroyed. We do not generally keep copies or descriptions of items. We do not keep any records of 5 items in end-point-sorted cash letters that we handle without our indorsement. We have no responsibility for describing a lost or destroyed item that we charge back to a sender, or for obtaining from another person reimbursement or insurance for a sender’s costs or other loss, except as provided in Appendix A concerning Govern ment checks. 14. We strongly urge direct exchange of cash items among banks located in the same city, town, metropolitan or similar area. We reserve the right to require such banks to sort, list, and package these items according to the office of the paying bank where the items are payable. We also reserve the right to require separate sorts of cash items, and separate sorts of Government checks, postal money orders, and food coupons. Our time schedules contain other instructions for sorting and listing cash items. Indorsements 15. All cash items sent to us, or to another Reserve Bank direct for our account, should be indorsed: ( a ) without restriction to, or to the order of, the Reserve Bank to which sent, (b ) to, or to the order of, any bank, banker, or trust company, or ( c ) with equivalent words or abbreviations. The sender’s indorsement should be dated and should show its institutional identifier, if any, in prominent type on both sides of the indorsement. 16. If we receive a cash item without the sender’s indorsement, we may (a ) present or send the item as if it bore the sender’s indorsement, (b ) place on the item the sender’s indorsement and the date we received it, or (c ) return the item to the sender for proper indorsement. We make the warranties stated in Section 210.6(b) of Regulation J by presenting or sending a cash item (or an instrument that we handle as a cash item under paragraph 5 of this circular), whether or not the item bears our indorsement. Direct sending to other reserve offices 17. We may permit or require a sender that maintains or uses an account with us and that has a substantial volume or dollar amount of cash items payable in another District, or in the territory of another office of this Bank, to send the items directly to the Reserve office 6 of that District or territory. We will give additional instructions to a sender authorized to send direct. We may at any time withdraw authority to send direct. If we authorize a sender to send items direct, we may refuse to accept these items from the sender. Under Sec tion 210.4 of Regulation J, items sent direct under our authority are deemed to have been handled by us. 18. We reimburse an authorized sender for transportation costs of cash items sent direct to other Reserve offices or other offices of this Bank at First Class Airmail or common carrier rates, whichever is usually lower, but not for insurance. Senders that by arrangement deliver cash items payable in other Districts to us or to another designated location for consolidated shipment should not deviate from the arrangement except with our prior approval. We pay trans portation costs of the consolidated shipments but do not reimburse senders for transportation costs and consolidation costs of moving direct-send cash items to a consolidated shipping point. If a sender has an arrangement with us for consolidated shipment, we do not normally reimburse the sender when cash items are sent direct out side of the consolidated shipment, except on Saturdays, Sundays, and holidays. 19. Claims for reimbursement of transportation costs should be submitted monthly on our forms, a supply of which will be furnished upon request. A bank should submit its claims to the office of this Bank with which it maintains its reserve account. Upon approval of the claim, the reserve account of the bank will be credited with the amount. 20. A sender sending direct should change its methods of ship ment whenever this would result in presentment at a lower cost without loss of time. In cases where we pay transportation costs, we reserve the right to require a change to another method of ship ment that would result in more efficient handling by the receiving Reserve Bank, or presentment that is consistently more prompt or that is at a lower cost without loss of time. Time schedules and availability of credit 21. We give immediate or deferred credit for all items that we accept as cash items in accordance with our published time schedules. For cash letters containing items unsorted as to credit availability, we may defer credit for the longest period prescribed in our time schedules for any item enclosed. 7 22. Because in many instances our time schedules do not show the actual time required for collection, our advices cannot be con sidered advices of actual payment on the dates we make credit available. Credit is in all instances subject to our receipt of payment in actually and finally collected funds. We reserve the right to refuse to permit a sender to withdraw or otherwise use any credit (imme diate or deferred) until we receive payment in actually and finally collected funds. 23. We enter credit at full face value in the reserve account or other appropriate account on the day we receive a cash item as follows: Im m ediate credit Immediate credit at once qualifies as reserves for purposes of Regulation D and is available for use by the sender. D eferred credit The amount entered as deferred credit does not qualify as re serves for purposes of Regulation D and is not available for use by the sender until the time specified in our time schedules. At that time we will transfer credit from the deferred account to the reserve account or other appropriate account. Payment for cash letters 24. A paying bank must pay for all cash items that it has not returned prior to the close of its banking day of receipt.4 Payment shall be made at par and by: ( a ) Debit to an account on our books; (b ) Cash; or ( c ) In our discretion, any other form of payment.*1 4 A paying bank is deemed to receive a cash item on its next banking day if it receives the item: ( 1 ) on a day other than a banking day for it; or ( 2 ) on a banking day for it, but (a ) after its regular banking hours; (b ) after a “cut-off hour” established by it in accordance with State law; or ( c ) during afternoon or evening periods when it is open for limited functions only. 8 The proceeds of any payment shall be available to us by the close of our banking day on the banking day of receipt of the item by the paying bank. If the paying banks banking day of receipt is not a banking day for us, payment shall be made on the next day that is a banking day for both this Bank and the paying bank; we may make appropriate adjustments as of the day of receipt (unless that day is a Saturday) for purposes of computing reserves under the Board’s Regulation D. Our terms for immediate settlement for cash items are contained in Appendix D to this circular. 25. A subsequent collecting bank (other than a Reserve Bank) that is paid for a cash item shall make the proceeds available to us not later than the close of our banking day on the day the subsequent collecting bank receives the proceeds. Differences and adjustments 26. Unless a paying bank has otherwise agreed with us, a paying bank may pay for our cash letter in an amount different from the total of the cash letter if the accompanying cash items do not prove to the amount of the cash letter. The bank should furnish at the time of payment a complete explanation of the difference on the form we provide. We request that paying banks not report adjustments of $1.00 or less. 27. A member bank or other account holder must promptly advise us in writing of an objection to an entry in our statement of its account. An account holder that fails to advise us of its objection within one calendar year of the date of the entry (and any sender, collecting bank, or paying bank that has used the account and has handled the item to which the entry relates) is deemed to have approved the entry, and the statement of account is deemed, finally adjusted. This paragraph does not relieve an account holder from the duty of using due diligence in examining statements of account sent to it and of notifying us immediately on discovery of an error. Further, this paragraph does not relieve a Reserve Bank from liability for breach of warranty on an item to which an entry relates. Return items 28. A paying bank may return to us with entry ( that is, for credit or refund) a cash item for which it has previously made payment only 9 if it returns the item within the time limits of Section 210.12 of Regu lation J. We urge that a paying bank recover its payment by request ing a credit to an account on our books, but a paying bank may return an item to us for refund. 29. A collecting bank that receives a cash item from a paying bank for return to us shall send the return item to us before midnight of its banking day next following the banking day it received the return item. A collecting bank that receives a credit or refund from us for an item it returns to us (a ) warrants to us and to the sender and all prior parties that its return of the item was timely, and (b ) agrees to indemnify us for any loss or expense sustained (including attorneys’ fees and expenses of litigation) resulting from its breach of this warranty. Returns without entry 30. A paying or collecting bank may return a cash item to us after the time limits described in paragraphs 28 and 29 of this circular only on a without entry basis (that is, with a request for credit or refund). Items returned without entry may include returns because of a missing or erroneous indorsement or because of a claim of breach of warranty, including a claim of forged indorsement with affidavit of forgery. We make refund to the paying or collecting bank and charge our sender for a without entry return only if the sender specifically authorizes us to do so. 31. Under Section 210.5 of Regulation J, we may charge the account maintained or used by the sender of an item for the amount of any judgment, and of any attorneys’ fees and expenses incurred, in certain actions against us or another Reserve Bank, including actions alleging breach of warranty, if we have tendered defense of the action to the sender. We assume no responsibility for defending the action if the sender does not itself undertake the defense. Preparation o f return item s 32. A cash item returned unpaid should bear a notation clearly indicating the reason for nonpayment. 33. If a cash item is being dishonored and returned for the first time, we urge the paying bank to stamp a star: + on the upper right area of the face of the item. If a cash item is being dishonored and 10 returned for the second time, the paying bank shall invalidate the MIGR routing number on the face of the item so that the item no longer qualifies for handling by high-speed automated check proces sing equipment. We assume no responsibility for handling as a cash item an item whose MICR routing number has not been invalidated as required. 34. The paying bank shall cancel an indorsement, “paid,” or other identifying stamp of the paying bank on the back of a cash item before returning the item to us. We assume no responsibility for any delay resulting from our handling an item on the basis of an uncancelled stamp. 35. For its own protection, each paying or collecting bank that returns a cash item to us should keep records that permit it to repro duce or trace the item if it is lost or destroyed in transit or afterwards. 36. If a paying or collecting bank, in accordance with State law, returns direct to the depository bank an unpaid item that it has received directly or indirectly from us or another Reserve Bank, the provisional credits become final between the paying or collecting bank and the Reserve Bank, between the Reserve Bank and the sender, and between us and the other Reserve Bank. 37. We handle end-point-sorted cash letters without indorsing the items in the cash letters. Each collecting and paying bank should keep records that permit it to identify the source of receipt of items. By sending to us as a return item an item that does not bear our indorsement, a collecting or paying bank (a ) warrants to us and to the sender and prior parties that we presented or sent the item to the collecting or paying bank, and (b ) agrees to provide source of receipt information on request. D isputed returns 38. If a sender (other than a Reserve Bank) believes that a paying bank has returned a cash item late, the sender may dispute the return one time by the following procedure: (a) The sender may furnish us with the item and, on a form pre scribed by us, a signed statement that the sender believes that the paying bank did not take all action necessary to recover its payment within the time limits of Regulation J. 11 We will credit the amount of the item to the sender’s account (or the account of the forwarding Reserve Bank). We will charge that amount to the account of (and send the item and statement to) the collecting or paying bank to which we had originally presented or sent the item. (b) We will revoke the credit given to the sender and recredit the collecting or paying bank if: (i) for any reason we cannot obtain the amount of the credit from the paying bank; or (ii) we (or another Reserve Bank) receive the item with a properly executed statement from the paying or collecting bank within fifteen (15) banking days after we (or the other Reserve Bank) sent the item and the sender’s state ment to the collecting or paying bank. (c) A properly executed paying bank’s statement must: (i) be on a form prescribed by us; (ii) be signed by an officer of the paying bank; (iii) show the banking day of receipt and the date of return of the item by the paying bank, and explain any difference in dates exceeding one banking day; and (iv) state that the paying bank took all action necessary to recover its payment within the time limits of Regulation J. 39. We assume no responsibility for determining whether the paying bank took all action necessary to recover its payment for an item within the time limits of Regulation J or whether a collecting bank returned the item within the time limits of this circular. 40. If we send to a bank in error as a return item an item that the bank did not send to us for collection, the bank is instructed to send the item back to us promptly on a without entry basis with a request for credit or refund, and we will promptly grant the credit or' refund. The bank should not send the item to us in a cash letter or return letter. Uniform instructions on protest and advice of nonpayment 41. All Reserve Banks and collecting and paying banks shall han dle cash items in accordance with the following uniform instructions regarding protest and wire5 advice of nonpayment, except as provided 5 For purposes of this circular, “wire” includes telephone, telegraph, cable, and other forms of electronic telecommunications. 12 in paragraph 42 and except that Government checks shall not be pro tested. All Reserve Banks and collecting and paying banks shall dis regard any contrary or special instructions noted on cash letters or otherwise transmitted with cash items. (a) PROTEST a dishonored item of $2,500 or over: (i) that appears on its face to have been drawn at a place not within a State,6 unless the item bears on its face the American Bankers Association no-protest symbol of a Reserve Bank or a preceding bank indorser; or (ii) that bears on its face the legend, “PROTEST REQU IRED,” of a Reserve Bank or a preceding bank indorser. (b) DO NOT PROTEST any other item. (c ) W IRE ADVICE of nonpayment of an item of $2,500 or over, unless it has not been paid because of a missing, irregular, or unsatisfactory indorsement or unless it bears on its face the legend, “DO NOT W IRE NONPAYMENT,” of a Reserve Bank or a preceding bank indorser. Include in the advice of non payment (1) the amount of the item, (2) the reason for non payment, (3) the date of the cash letter, (4) the name of the drawer or maker, and (5) the names or institutional identifiers of all indorsers preceding the Reserve Bank. (d) DO NOT W IRE ADVICE of nonpayment of any other item. 42. DO NOT PROTEST AND DO NOT W IRE ADVICE of nonpayment of a cash item indorsed by or for credit to the United States Treasury, or bearing on its face or in an indorsement the legend “This check is in payment of an obligation to the United States and must be paid at par. N.P. Do not wire nonpayment.” or words of similar import. 43. A sender may instruct a Reserve Bank to handle an item ( other than a Government check, postal money order, or food coupon) under instructions differing from these uniform instructions, only if the sender sends the item to us for collection and credit as an indivi dual noncash item with the instructions noted in the letter of trans mittal. 44. The paying bank is responsible for making any protest and for giving any wire advice of nonpayment, except as otherwise pro 6 Under Section 210.2 of Regulation J, “State” means a State of the United States, the District of Columbia, Puerto Rico, or a territory, possession or dependency of the United States. 13 vided by the rules or practices of any clearing house through which the item is presented or by agreement between us and the paying bank. 45. We assume no responsibility for: (a ) determining whether another bank has made a protest or given a wire advice of nonpayment; (b ) making a protest if a required protest has not been made by another bank; or (c ) giving wire advice of nonpayment, unless we receive wire advice of nonpayment from another bank. Charges for communications 46. We do not charge sending banks for communications pertain ing to payment, nonpayment, or tracing of cash items, or containing information or instructions with respect to cash items. Size; routing numbers; records 47. We urge paying banks to imprint the routing number in fractional form in the upper right comer in at least 8 point Gothic type and to conform cash item dimensions to American Bankers Asso ciation standards — between 2% and 3% inches in width, and 6 and 83/4 inches in length. 48. We may present or send a cash item, under Section 210.6(a) (2 ) of Regulation J, on the basis of any routing number or other designation of a paying bank appearing on the item when we receive it. We are not responsible for any delay resulting from our acting on a designation of a paying bank, whether inscribed by magnetic ink or other means, and whether consistent with any other designation of the paying bank on the item. 49. If in our judgment processing requires it, we may inscribe on an item, in magnetic ink or otherwise (a ) the amount of the item, or (b ) the Federal Reserve routing symbol or the suffix of the institutional identifier, or both, of the paying bank ( or nonbank payor). The sender assumes the risk of loss resulting from any delay caused by our inscribing the item and presenting or sending it accordingly. 14 50. In addition to the recordkeeping requirements of this circular, Treasury regulations (31 Code of Federal Regulations, Part 103) require that banks keep legible records of many items. These regula tions apply whether or not the item is capable of being photocopied. Missing or destroyed items; Photocopies M utilated cash letters 51. A paying or collecting bank that receives from us a cash letter in a mutilated condition should telephone us before attempting to process any part of it. Sometimes tracing and identification of muti lated or destroyed cash items can be expedited when the cash letter is returned to us intact. Item s discovered missing or destroyed 52. We credit or refund the amount paid for a cash item if (a) a subsequent collecting bank or the paying bank reports that it discovered during initial proving that the item is missing, or (b ) a subsequent collecting bank reports that it knows the items to be missing or destroyed in transit to a subsequent collecting bank or the paying bank. We will credit or refund the amount only if we (or a subsequent collecting bank that promptly sends the report to us) receive the report within five (5 ) banking days from the date of the cash letter that listed the item. This time is measured by the banking days of the paying or collecting bank. 53. We charge back to the sender the amount of a cash item (a) that we or another Reserve Bank discover to be missing, or (b ) that a subsequent collecting bank or paying bank reports to be missing or destroyed as provided in paragraph 52 of this circular. H andling o f p hotocopies o f cash items 54. We handle a correctly prepared photocopy as a cash item through our adjustment department if we (or a prior collecting Reserve Bank) receive the photocopy and a copy of the advice of chargeback within thirty (30) banking days from the day we (or the prior Reserve Bank) charged back the original item. The prior Reserve Bank should send the photocopy and advice to us when received. 15 55. If a shipment of cash items is lost or destroyed in transit to the first collecting Reserve Bank, we handle correctly prepared photo copies of the items as cash items through our cash item department if (a ) the sender determines that at least several items in the original shipment remain unpaid, and (b ) the photocopy cash letter is identi fied as containing nonmachineable photocopies of items from a lost or destroyed shipment. 56. We present or send a photocopy as a cash item subject to all the rules as to payment and return of cash items, other than the instructions regarding protest and wire advice of nonpayment. A pay ing bank has the right to return a photocopy through our adjustment department within twenty (20) banking days from its banking day of receipt if: ( a ) the drawer has refused to authorize payment of the photocopy, or the paying bank has been unable to contact the drawer, and the paying bank returns a signed statement to that effect; or ( b ) the original item was paid and the paying bank returns a copy of the front and back of the paid original cash item and a signed statement that the original was paid and giving source of receipt information. The information required is the name and routing number, if any, of the bank or person from which, and the date on which, the original was received. If the origi nal was received from us, include the date of the cash letter and the amounts of the items listed before and after the original, the total of the cash letter, the batch or package that contained the original, and the sequence number of the original. 57. A correctly prepared photocopy must bear the sender’s current indorsement and the following or equivalent signed legend: This is a photocopy of the original check which we indorsed and which was reported missing or destroyed in the regular course of bank collection. We guarantee all prior and any missing indorse ments and the validity of this copy. Upon payment of this copy in lieu of the original check, we agree to hold each collecting bank and the payor bank harmless from any loss suffered, if payment is stopped on the original check and it is unpaid. 58. We assume no responsibility for determining whether a return of a photocopy is timely. Nor do we assume any responsibility for determining whether a report of a missing or destroyed cash item or a statement regarding the handling of a photocopy is correct. We 16 handle, on a without entry basis, return photocopies received by us or a subsequent collecting Reserve Bank within nine (9 ) months of the banking day of receipt by the paying bank. We also handle without entry a late report of a missing or destroyed cash item. Right to amend 59. We reserve the right to amend this circular at any time. Effect of this circular on previous circulars 60. This circular supersedes our Operating Circulars Nos. 4 and 6, both revised effective September 18, 1979. Anthony M. Solomon, President. 17 APPENDIX A GOVERNMENT CHECKS 1. We handle checks drawn on the United States Treasury ( “Gov ernment checks”) as cash items under Treasury Department Circular No. 21 (31 Code of Federal Regulations, Part 240). Copies of that Circular will be furnished on request. As to matters that Circular does not cover, Regulation J, this circular, and our time schedules apply. 2. We give immediate credit, subject to payment in actually and finally collected funds, for Government checks as provided in our time schedules. After we handle Government checks as fiscal agent of the United States under Treasury requirements, the checks are subject to examination and payment by the United States Treasury. W e may reimburse a sender for its reasonable costs of reconstructing a Gov ernment check cash letter lost or destroyed in transit between Federal Reserve offices. 3. Section 210.12 of Regulation J, relating to the return of cash items by paying banks, does not apply to Government checks. If the United States Treasury refuses payment of a Government check upon first examination and returns the check, or a photocopy, to us as out lined in Treasury Department Circular No. 21, we charge back the amount of the check to the sender and credit that amount to the United States Treasury. We have no responsibility to the sender or another owner or holder for the nonpayment and return by the United States Treasury of a Government check or photocopy.4 4. Under Federal statute, 31 U.S.C. §§ 122 and 129: (a ) a claim on a Government check that appears of record to have been paid must be made to the Government within six years after the date of issuance of the check and (b ) an action by the Government to enforce liability on a forged or unauthorized signature or indorsement or alteration of a Government check must be commenced within six years after pre sentment of the check, or written notice of such a claim must be given within that period, but if a claim is made on an apparently paid check, the six-year period is extended an additional 180 days. 18 APPENDIX B POSTAL MONEY ORDERS 1. We handle postal money orders (United States postal money orders; United States international postal money orders; domesticinternational postal money orders) as cash items under an agreement between the United States Postal Service and the Reserve Banks as depositaries and fiscal agents of the United States pursuant to authori zation of the Secretary of the Treasury. As to matters that agreement does not cover, Regulation J, this circular, and our time schedules apply. 2. We give immediate credit for postal money orders as provided in our time schedules. The credit becomes final as between us and the sender when we debit the amount of the money orders against the general account of the United States Treasury under symbol numbers assigned by it. 3. The agreement between the United States Postal Service and the Reserve Banks provides that: (a) the United States Postal Service may make no claim against or through a Reserve Bank for refund or otherwise with respect to a postal money order debited against the general account of the United States Treasury (other than a claim based on the negligence of a Reserve Bank); (b ) the United States Postal Service will deal directly with the bank or the party against which the claim is made; and (c ) the Reserve Banks will assist the United States Postal Service in asserting the claim, including making any relevant evidence in their possession available to the United States Postal Service. Section 210.12 of Regulation J, relating to the return of cash items by paying banks, does not apply to postal money orders. 19 APPENDIX C FOOD COUPONS 1. We handle food coupons as cash items under an agreement between the Secretary of Agriculture, in behalf of the United States, and the Reserve Banks as depositaries and fiscal agents of the United States pursuant to authorization of the Secretary of the Treasury. As to matters that agreement does not cover, Regulation J, this circular, and our time schedules apply. We receive food coupons only from banks that maintain accounts with us and nonmember banks that have arranged with us to send coupons to us for credit to the account of a member bank. Other nonmember banks should forward food coupons through ordinary collection channels. All banks sending coupons to us should follow the instructions for handling food coupons of the United States Department of Agriculture. 2. Banks should send redeemed food coupons to the office of this Bank that maintains the account to which the proceeds are to be credited. We give immediate credit for redeemed food coupons as provided in our time schedules. This credit is not final and is subject to reclamation and adjustment. 3. Banks should separately sort food coupons by denominations and deposit them in a separate cash letter. The transmittal letter should be clearly marked “FOOD COUPONS” and should show the total number and amount of each denomination of coupons enclosed. Food coupons should be sent to us by the means ordinarily used for cash items. Shipments are at the risk of the Department of Agri culture only to the extent stated in 7 Code of Federal Regulations, Chapter II, Section 272.5(c). Sending banks should retain customers’ deposit slips and other pertinent records to assist in substantiating reimbursement claims against the Department of Agriculture for coupons lost in transit.4 4. Under the regulations of the Department of Agriculture (7 Code of Federal Regulations, Chapter II, Section 2 7 2 .5 (a )), banks must not accept for redemption a portion of a food coupon consisting of less than three-fifths of the whole coupon. Any coupon accepted for redemption must show on its back either (i) the AUTHORIZA- 20 TION NUMBER, or (ii) the name of the authorized retail food store and of the authorized wholesale food concern, if any. Each coupon must also be cancelled by the first bank that receives it, by indelibly marking “PAID” or “CANCELLED” and the bank’s name or institu tional identifier on the face of the coupon. No coupon should be indorsed by a bank. We furnish additional information about the collection of food coupons on request. 21 APPENDIX D IMMEDIATE SETTLEMENT AGREEMENT AND CORRESPONDENT AUTHORIZATION A. Introduction The Federal Reserve Bank of New York ( “Reserve Bank”) pre sents or sends for presentment cash items to a payor depository insti tution ( “paying bank”) under Regulation J of the Board of Governors of the Federal Reserve System (12 C.F.R. Part 210), our applicable operating circulars, and our agreement with the paying bank per mitting immediate setlement of these items by a charge to an account on the books of the Reserve Bank. Cash items may be presented or sent for presentment by our Head Office, our Buffalo Branch, or our Cranford, Jericho, or Utica Offices. If the charge is to be posted to the paying bank’s own account, the paying bank agrees to the terms of this Immediate Settlement Agreement by sending to the Reserve Bank a letter in the form attached as Appendix D -l. If the charge is to be posted to the account of another depository institution ( “Cor respondent”) on the Reserve Bank’s books, the paying bank must agree to the terms of this Immediate Settlement Agreement and designate a Correspondent, as provided in paragraph 7, and the Cor respondent must agree to the terms of the Correspondent’s Authoriza tion, both by executing and sending to the Reserve Bank a letter in the form attached as Appendix D-2. B. Im m ediate Settlem ent A greem ent 1. Reserve Bank will debit paying bank’s or its Correspondent’s, account on Reserve Bank’s books on the “immediate settlement date” for the full amount of each cash letter sent to the paying bank here under containing cash items payable by, at, or through the paying bank. The “immediate settlement date” for each such cash letter is the banking day for the paying bank on which it receives the cash letter; however, if that day is not a banking day for Reserve Bank, the immediate settlement date is the day next following the banking day the paying bank receives the cash letter that is a banking day for the paying bank and Reserve Bank. 22 2. Promptly after dispatch of a cash letter, Reserve Bank will send the paying bank and the Correspondent an advice of charge, specifying the immediate settlement date of the cash letter. 3. When the paying bank receives the advice of charge, it should promptly prove the advice against the cash letters being charged for. The paying bank agrees to notify Reserve Bank immediately if: (1) the dollar amounts on the advice and those of the cash letters do not prove; (2) the paying bank has not received a cash letter listed in an advice or any cash item listed in a cash letter; (3) the paying bank has received a cash item payable by, at, or through it that is not listed in a cash letter; or (4) it objects to the charge for any other reason. However, the paying bank need not give Reserve Bank immediate notice of any such difference of less than $1,000. If the paying bank gives Reserve Bank such notice, in timely fashion, of a difference of $1,000 or over in the advice of charge (including the amounts of any missent items included in the cash letter), Reserve Bank will make the appropriate credit or debit to the paying bank’s, or its Correspondent’s, account and make such “as-of” adjustments as are appropriate for reserve purposes. If the paying bank thereafter receives a cash letter or a cash item that was so credited and that has not been listed in a subsequent advice of charge, the paying bank will immediately notify Reserve Bank of its receipt, and Reserve Bank will debit the amount of such delayed or missing cash letter or cash item to the paying bank’s, or its Correspondent’s, account. If this notice is not timely, Reserve Bank reserves the right to make such as-of adjustments as are appropriate for reserve purposes. Reserve Bank may make the appropriate debit or credit to the paying bank’s, or its Correspondent’s, account for any other difference of which the paying bank has notified Reserve Bank on the banking day on which Reserve Bank receives notice of such difference.4* 4. All unpaid cash items returned by the paying bank must be accompanied by a separate return item cash letter form for credit to the paying bank’s, or its Correspondent’s, account. Reserve Bank 23 will give such credit on the day of receipt by it of any unpaid return item received during its business hours; otherwise, credit will be given on the banking day next following such receipt. The paying bank may also return, without entry, a cash item that it has paid hereunder, but which it has not returned within the time limits necessary to revoke a provisional settlement. This Bank handles such an item in accordance with the provisions of its operating circulars. 5. Under this Immediate Settlement Agreement: (a ) The paying bank will furnish Reserve Bank with its cut-off hour and a current list of its days of closing, and any day, other than Sunday, not so reported shall be deemed to be a bank ing day for it. (b ) Reserve Bank will make all necessary debits and credits to effect adjustments hereunder by separate entry. Reserve Bank will send the paying bank and its Correspondent advices of debits and credits hereunder. (c ) The paying bank will be deemed to have immediately notified Reserve Bank hereunder if it communicates the relevant facts to the appropriate location (the Check Adjustment Division at the Head Office, Buffalo Branch, or our Cranford, Jericho, or Utica Office) of this Bank on the same day that it learns of them, if that day is a banking day for it, or, if it is not, on its next follow ing banking day. The paying bank should communicate with the appropriate location during Reserve Bank’s business hours, by collect telephone call (telephone numbers are listed in Appendix D-3) and, at any other time, by collect telegram. (d ) Any notice under this Immediate Settlement Agreement that is received by Reserve Bank during its business hours will be deemed to have been received on that banking day; notice received after those business hours or on a day that is not a banking day for Reserve Bank will be deemed to have been received on Reserve Bank’s next following banking day.6 6. This Immediate Settlement Agreement may be terminated at any time by either Reserve Bank or the paying bank by written or telegraphic notice of termination and will terminate five days after receipt of such notice or at such later time as may be stated in the notice. 24 7. The paying bank may designate a Correspondent and may change the Correspondent hereunder by advising Reserve Bank in writing of its intention to do so and by designating and appointing another depository institution that maintains an account with this Reserve Bank as Correspondent. Any designation and appointment of a Correspondent hereunder shall be subject to Reserve Bank’s receipt of a duly executed Immediate Settlement Agreement and Correspondent’s Authorization in the form attached as Appendix D-2. It is understood that Reserve Bank assumes no responsibility for any obligation of Correspondent to the paying bank that may arise out of this Agreement or that Authorization. 8. Detailed instructions, including telephone numbers that may be called collect, entitled “Operating Instructions for Settlement of Reserve Bank Cash Letter Sendings under the Immediate Settlement Agreement” are attached as Appendix D-3. 9. Terms defined in Subpart A of Regulation J and the applicable operating circulars have the same meanings in this Immediate Settle ment Agreement unless otherwise stated. 10. Reserve Bank reserves the right to amend any portion of this Immediate Settlement Agreement on seven days’ notice to each paying bank or Correspondent that has agreed to its terms. C. Correspondent's Authorization 1. To implement the paying bank’s Immediate Settlement Agree ment, the Correspondent authorizes the Reserve Bank to charge to the Correspondent’s account on Reserve Bank’s books the amount of cash items payable by, at, or through the paying bank sent to it pursuant to the paying bank’s Immediate Settlement Agreement. Reserve Bank is authorized to make all such debits and credits to the Correspondent’s account and to make such other adjustments as are appropriate for reserve purposes, as may be necessary to give effect to the provisions of the paying bank’s Immediate Settlement Agree ment. The Correspondent agrees to maintain in its account on Reserve Bank’s books, in actually and finally collected funds, balances suffi cient to cover all debits to that account in connection with such cash items. It is understood that Reserve Bank assumes no responsibility for any obligations of the paying bank to the Correspondent that 25 may arise out of charges to the Correspondent’s account pursuant to that Agreement or this Authorization. 2. The authority contained in this Authorization may be ter minated at any time in writing to the applicable office (the Check Adjustment Division at the Head Office of the Federal Reserve Bank of New York, the Buffalo Branch, or the Cranford, Jericho, or Utica Offices); however, such termination shall not affect Reserve Bank’s right to make all debits or credits required by, or incidental to, the paying bank’s Immediate Settlement Agreement relating to any cash letter Reserve Bank dispatches prior to the effective date of the termination. 26 APPENDIX D-l PAYING BANK’S IMMEDIATE SETTLEMENT AGREEMENT [To be typed on paying bank’s letterhead] [Date] or Federal Reserve Bank of New York 33 Liberty Street New York, New York 10045 Jericho Office Federal Reserve Bank of New York 113 South Service Road Jericho, New York 11753 or Buffalo Branch Federal Reserve Bank of New York 160 Delaware Avenue Buffalo, New York 14240 or Utica Office Federal Reserve Bank of New York Oneida County Airport Oriskany, New York 13424 or Cranford Office Federal Reserve Bank of New York 2 Jackson Drive Cranford, New Jersey 07016 Attention: Manager, Check Processing Department Gentlemen: We hereby agree to the terms of the paying bank’s Immediate Settlement Agreement set forth in Appendix D of your Operating Cir cular No. 4. We authorize you to charge or credit our account on your books and to make other appropriate adjustments in connection with settlement of cash items as provided by that Agreement. [Name o f payor depository institution] By: ........................................ [Authorized signature ( s ) ] [Title] 27 APPENDIX D-2 PAYING BANK’S AGREEMENT AND CORRESPONDENT’S AUTHORIZATION [To be typed on paying bank’s letterhead] [Date] Federal Reserve Bank of New York 33 Liberty Street New York, New York 10045 or Jericho Office Federal Reserve Bank of New York 113 South Service Road Jericho, New York 11753 or Buffalo Branch Federal Reserve Bank of New York 160 Delaware Avenue Buffalo, New York 14240 or Utica Office Federal Reserve Bank of New York Oneida County Airport Oriskany, New York 13424 or Cranford Office Federal Reserve Bank of New York 2 Jackson Drive Cranford, New Jersey 07016 Attention: Manager, Check Processing Department Gentlemen: A. Paying Bank Agreem ent We hereby agree to the terms of the paying bank’s Immediate Settlement Agreement set forth in Appendix D of your Operating Cir cular No. 4. Effective ..................., . , . , we designate ......................... [N am e of .................................... as correspondent against whose account on your correspondent ] books credits and debits and other appropriate adjustments may be 28 entered in connection with the settlement of cash items as provided by that Agreement. [Name o f paying bank] By: ............................................... [Authorized signature ( s )] [Title] B. C orrespondent Authorization As provided in paragraph 7 of Reserve Bank’s Immediate Settle ment, we agree to act as Correspondent f o r .............................................. [Name of payor depository institution] We authorize Reserve Bank to charge or credit our account on its books and to make other appropriate adjustments in connection with the settlement of items f o r ......................................................... as provided [Name of payor depository institution] in that Agreement. [Name o f correspondent] By: ................................................ [Authorized signature(s)] [Title] V 29 APPENDIX D-3 OPERATING INSTRUCTIONS FOR SETTLEM ENT OF OUR CASH LETTER SENDINGS UNDER THE IMMEDIATE SETTLEMENT AGREEMENT These operating instructions explain how transactions should be handled in connection with cash letters sent to you by the Head Office of this Bank or any of its Offices in the Head Office territory. They are intended for the use of your personnel who are responsible for the day-to-day operations under the agreement. In compiling this information, we have tried to include all situations that might arise. See “Where to Call,” Section VIII.2., which follows for telephone numbers. In connection with the following appropriate categories it is impor tant that you contact the Office from which you received (or did not receive) our cash letter so that action can be taken with the records on hand at that Office. I. D ate o f C harge On the immediate payment date we will debit your account or, if a correspondent agreement is in use, your correspondent’s account on our books for the total amount of the cash letter(s) we send you. The immediate payment date will be the banking day for you on which you receive the cash letter(s). However, if that day is not a banking day for us, the immediate payment date will be the next banking day for you and for us. II. A dvice o f C harge Promptly after dispatch of the cash letter(s), we will send you an advice of charge showing the immediate payment date, the amount(s) of the cash letter(s), and the total charged. If, on any day, you have questions regarding the charge to be made, you should contact the Check Adjustment Division of this Bank by collect tele phone call. When you receive the advice of charge, you should promptly prove the amounts shown on such advice against the total of the cash letters actually received by you. The date the cash letters were sent ^vill appear on the advice of charge and on each cash letter. 30 NOTE: III. TH E INSTRUCTIONS IN SECTIONS III AND IV FO L LOWING APPLY ONLY TO THE ADJUSTMENT OF AND THE ACCOUNTING FOR EN TIR E CASH LETTERS SENT FROM THIS BANK OR ITS O FFICES. Cash Letters Listed — Not R eceived If you have not received a cash letter listed in an advice of charge, please notify the Check Adjustment Division of this Bank by collect telephon e call immediately. Upon such notice, we will credit the amount of the cash letter(s) not received to your account or, if a cor respondent agreement is in use, to your correspondent’s account. Such credit will be made on our books by separate entry on the bank ing day on which we receive such notice. If you thereafter receive a cash letter that was so credited and has not been listed in a subsequent advice of charge, notify us of its receipt and we will debit the amount of such delayed cash letter to your account or, if a correspondent agreement is in use, to your cor respondent’s account. An advice of such entry will be sent to you and to your correspondent, if applicable. “As of” adjustments for reserve purposes will be made when appropriate. Do not list missing cash letters in any amount on the cash letter error form; they should be advised missing by telephone only. IV. Cash Letters R eceived — Not L isted If you receive a cash letter containing an item payable by or through you that is not listed in an advice of charge, please notify the Check Adjustment Division of this Bank immediately by collect telephon e call. Upon such notice, we will debit the amount of the item to your account or, if a correspondent agreement is in use, to your correspondent’s account. Such debit will be made on our books by separate entry on the banking day on which we receive such notice. An advice of such entry will be sent to you and to your correspondent, if applicable. “As of” adjustments for reserve purposes will be made when appropriate. NOTE: TH E INSTRUCTIONS IN SECTION V [NOS. 2 AND 3] FOLLOWING APPLY ONLY TO INDIVIDUAL ERRORS ( ARITHEM ETICAL, MISSING CHECKS, OVER CHECKS, E TC .) IN CASH LETTERS SENT FROM THIS BANK. 31 V. Errors In Cash Letters 1. When reporting errors in cash letters in the Head Office ter ritory, use an “Errors in Cash Letters” form. In the Buffalo Branch territory use an “Advice of Cash Letter Adjustment” form. Please be sure that data called for is supplied when the form is submitted. 2. Errors o f $1,000 or over — Do not list an error of $1,000 or over on the cash letter error form. Such an error should be reported immediately by collect telephon e call to the Check Adjustment Divi sion of this Bank. Upon notification of such errors, we will make the appropriate entry to your account or, if a correspondent agree ment is in use, to your correspondent’s account. An advice of such entry will be sent to you and to your correspondent, if applicable. “As of” adjustments for reserve purposes will be made when appro priate. 3. Errors o f less than $1,000 — Errors of less than $1,000 should be listed in the appropriate section on the “Errors in Cash Letters” (or “Advice of Cash Letter Adjustment”) form, which should then be forwarded to the Check Adjustment Division of this Bank. W e will make the appropriate adjustment entry as advised (net debit or credit). Such adjustment entry for a member bank will be made only to its account even though the member bank is operating under a correspondent agreement; and for a nonmember institution to its correspondent’s account. A nonmember institution must insure that it forwards a copy of the completed form to its correspondent member bank. 4. Errors o f less than $1.00 — Errors (debits or credits) of less than $1.00 need not be shown on the cash letter error form if the pay ing bank has advised this Bank or its Offices that it will follow this procedure. 5. Time limit fo r entries — Adjusting entries on the cash letter error form should not be for cash letters whose dates are more than five business days old. Such uncurrent errors should be reported to the Check Adjustment Division, using a “Check Adjustment Request” form. VI. Sent W rong and Free Item s 1. Sent W rong Item s — Items that are listed and charged ih our cash letters to your institution but are not drawn on or payable 32 through your institution should be returned to this Bank with other unpaid items in our “Return Items Cash Letter” form for credit. Advise the Return Items Division of this Bank of items $2,500 and over by collect telephon e call, so that we can advise our endorser of the delay in presentation. 2. F ree Item s — Items that are neither listed nor charged in our cash letters and are neither drawn on nor payable through your insti tution should be listed on the reverse side of the “Errors in Cash Letters” form. The items should accompany the form when sub mitted to the Check Adjustment Division of this Bank and a descrip tion given as to paying bank, amount, maker and our indorser. If an entire bundle or package of checks under one total is received free, only the total of the package need to be shown on copy # 2 of the form and a notation made “All drawn on ................... .............................................. ” or “Drawn on and endorsed by various institutions.” 3. Under no circumstance should sent wrong or free items be “recleared” by inclusion in outgoing cash letters. VII. Return Item s 1. Cash items returned unpaid (except “free” items) must be listed on and be returned with a “Return Item Cash Letter” form. A member bank will be credited by separate entry to its reserve account whether or not it is operating under a correspondent agree ment. A nonmember institution will be credited by separate entry to its correspondent’s account. In such instances, the nonmember institution must send the appropriate copy of the “Return Item Cash Letter” to its correspondent. We will give credit for the total of any unpaid return items received by us before the close of business on a banking day for us. 2. Items that are returned and charged to you by us in error should be returned to us for credit. Such items should be listed on a separate “Return Item Cash Letter” form and the form should be inscribed, “Returned by you in error.” Do not include these items on the form used for unpaid items. 3. Refer to Operating Circular No. 4, paragraph 41, for instruc tions regarding advice of nonpayment of items $2,500 or over. 33 4. Cash items that are not returned on time (by midnight of the business day following the day of receipt) should not be included in a “Return Item Cash Letter” for credit. Such items must be sent to the Check Adjustment Division with a request that they be re turned on a without entry basis for refund. Refer to paragraph 30 of our Operating Circular No. 4. VIII. M iscellaneous 1. Supply o f Form s — Additional “Errors in Cash Letters,” “Advice of Cash Letter Adjustment,” and “Return Item Cash Letter” forms may be obtained by contacting the office shown below. Please antici pate your needs and allow two weeks for preparation of the forms. 2. W here to Call — F ed eral Reserve Bank o f N ew York — H ead Office: Division Telephone No. Check Adjustment ( Cash letter charges and errors $1,000 and over) (212) 269-5278 (Miscellaneous and requests for “Errors in Cash Letters and “Check Adjustment Request” forms) (212) 791-8980 Return Items (Request for “Return Item Cash Letter” forms) (Unpaid and sent wrong items $2,500 and over) (212) 791-5252 (212 ) 791-5255-57 Buffalo Branch Check Adjustment (716 ) 849-5040-49 Return Items (716) 849-5057 Cranford Office: (201) 272-9000 (All inquiries) Jericho Office: (All inquiries) (516) 997-4500 Utica Office: (315) 736-8321 (All inquiries) 34 3.. M isencoded C hecks — When a check is received in our cash letter and it is determined upon first handling that the M ICR encod ing amount differs from the amount for which the check was drawn, the difference should be included on the cash letter error form to adjust, and a photocopy of the check (front and back) should accompany the form sent to us along with the items placement in our cash letter (tape total, riding items, etc.). 35 APPENDIX E INTERCEPT AGREEMENT FOR OFF-PREMISES PRESENTMENT OF CASH ITEMS The Federal Reserve Bank of New York ( “Reserve Bank”), at the request of a payor depository institution ( the “paying bank”), presents or sends for presentment cash items payable in the Second Federal Reserve District and by, at, or through the paying bank to a location other than the premises of the paying bank. Reserve Bank makes such off-premises presentment under the terms of this Agreement. 1. The paying bank agrees to perform all necessary steps to com plete due presentment of cash items other than those effectively pre sented hereunder. (a ) If the cash items are delivered to another depository institu tion, corporation, or other firm ( “designated institution”), that designated institution and the paying bank must execute and deliver to Reserve Bank a letter in the form attached as Appendix E -l. (i) Presentment will be effected during the ordinary hours of business on the day on which the cash items requiring such presentment have been delivered to the designated institution at the designated location, provided that day is a business day for the paying bank; or (ii) If, in accordance with Federal Reserve cross-zone pre sentment policy, the cash items are to be delivered bv an Office of this Bank to a designated institution outside of such Office’s territory, presentment shall be deemed to have been effected during the ordinary hours of business on the day on which the cash items requiring such pre sentment have been dispatched to the designated institu tion at the designated location, provided that day is a business day for the paying bank. (b ) If the cash items are delivered to the messenger of a desig nated institution, presentment will be effected during the ordinary hours of business on the business day of delivery to the messenger. (c ) It is understood that the time for determining whether the paying bank may return an item and revoke a provisional pay ment for a cash item begins to run at the time of presentment as provided in this Agreement. 36 2. Loss of, or damage to, a cash item occurring after delivery to the designated institution or its messenger, but prior to the return of the cash item by the paying bank to the Reserve Bank, shall be at the risk of the paying bank. 3. The paying bank agrees to comply with the provisions of Reserve Bank’s Operating Circular No. 4 to the same extent as if a cash item presented hereunder had been presented to the office of the paying bank by, through, or at which the cash item is payable. 4. The paying bank agrees to hold Reserve Bank harmless from (a ) any losses or costs arising out of any delivery to a designated institution or its messenger, and ( b ) any losses or costs arising out of the paying bank’s failure to perform any of its obligations hereunder. 5. This Appendix E to Operating Circular No. 4 shall remain in effect as to any paying bank until the Reserve Bank receives written notice from the paying bank terminating the arrangement. The notice shall not take effect, however, until 12:00 p.m. of the seventh business day following the date Reserve Bank receives the notice, and, the notice shall not affect any rights accruing to Reserve Bank and any obligations incurred hereunder by the payor. Reserve Bank reserves the right to amend any portion of this Appendix upon seven calendar day’s prior notice to each paying bank, or designated institution. 37 APPENDIX E-l PAYING BANK’S AND DESIGNATED INSTITUTION’S AGREEMENT [To be typed on paying bank’s letterhead] [Date] or Federal Reserve Bank of New York 33 Liberty Street New York, New York 10045 Jericho Office Federal Reserve Bank of New York 113 South Service Road Jericho, New York 11753 or Buffalo Branch Federal Reserve Bank of New York 160 Delaware Avenue Buffalo, New York 14240 or Utica Office Federal Reserve Bank of New York Oneida County Airport Oriskany, New York 13424 or Cranford Office Federal Reserve Bank of New York 2 Jackson Drive Cranford, New Jersey 07016 Attention: Manager, Check Processing Department Gentlemen: A. Paying, B an ks Agreem ent We agree to the terms of Appendix E to Operating Circular No. 4, regarding the presentment of cash items to a location other than the premises of the payor depository institution. In order to effect presentment, we hereby designate ....................... [Name of the ......................................................................................., to receive delivery of institution to which items are to b e delivered] 38 cash items payable at our following offices: [Name o f payor depository institution] By: [Authorized signature(s)] [Title] B. D esignated Institutions Agreem ent We agree to receive, as agent for ......................................................... [Name of payor depository ........................... , cash items delivered in accordance with the terms of institution] Appendix E of your Operating Circular No. 4. The Federal Reserve Bank of New York shall deliver the cash items to (our messenger who shall call at your [Head Office, Buffalo Branch, Cranford, Jericho, Utica Office]) or ( our office at ................................................................... ) [Address of office of receiving institution] [Name o f designated institution] By: [Authorized signature(s)] [Title] 39 APPENDIX F MANHATTAN, BRONX AND BROOKLYN (“MB&B”) COLLECTION ARRANGEMENT The Federal Reserve Bank of New York ( “Reserve Bank”) presents items to a paying depository institution ( “paying bank”) participating in the MB&B Collection Arrangement under Subpart A of Regulation J, our applicable operating circulars, and this Appendix F. A depository institution that maintains an account with Reserve Bank agrees to these terms by executing a letter in the form of the “Paying Bank MB&B Agreement,” attached as Appendix F -l. If the charge is to be posted to the account of another depository institu tion (“Correspondent”), the paying bank and its Correspondent agree to these terms by executing a letter in the form of the “Paying Bank’s MB&B Agreement and Correspondent Authorization,” attached as Appendix F-2. Paying Bank Agreement 1. The paying bank will arrange to have its messenger, whose authority shall be evidenced in such form as Reserve Bank may from time to time request, call at Reserve Bank’s office each business day, at an hour prescribed by Reserve Bank. The messenger will call for and receive items payable by, at, or through the paying bank’s main or any branch office as Reserve Bank may deliver to the messenger. 2. Delivery of items to the messenger shall constitute due present ment by Reserve Bank of such items to the paying bank for payment, with the same force and effect as though the items were presented by Reserve Bank to the paying bank for payment at the paying bank’s counter at the time of delivery. 3. The paying bank authorizes Reserve Bank, upon delivery of the items to the messenger, to charge to the paying bank’s, or its Corre spondent’s, account on Reserve Bank’s books, the total amount of the items so delivered. 4. Items presented to the paying bank hereunder may be returned unpaid only if they have been sorted, packaged, and listed as herein after provided and are returned to Reserve Bank within the periods prescribed by this paragraph. 40 (a ) Missent or ineligible items, demand notes, time notes and other time items may be returned not later than 9:00 p.m. of the day of presentment, provided that as to demand notes, time notes, and other time items the paying bank has advised Reserve Bank by telephone not later than 3:00 p.m. of that day that such items are to be returned. (b) A cash item drawn by the paying bank on itself to Reserve Bank’s order may be returned not later than 3:00 p.m. of the day of presentment, provided that any such cash item may be returned not later than 9:00 p.m. of that day if, by 3:00 p.m. of that day, the paying bank has notified Reserve Bank in writing or by telephone of its intention to return the cash item and, if such notice was by telephone, the paying bank con firmed the notice to Reserve Bank in writing by 5:00 p.m. of that day. (c ) All other unpaid cash items may be returned not later than 9:00 p.m. of the business day next following the day of pre sentment. The paying bank may, however, return to Reserve Bank not later than 9:00 p.m. of the day of presentment, a cash item that is otherwise returnable under this subparagraph ( c ). (d) An item of $5,000 or over that was received by the pay’ng bank from a New York Clearing House bank and that is returned by the payng bank to Reserve Bank for endorsement (including bank stamp) shall be certified by the paying bank prior to its return. 5. Items not returned as provided in paragraph 4 shall be deemed to be finally paid. For unpaid items (and protest fees) returned as provided in paragraph 4, Reserve Bank will give credit on the appro priate books of account as follows: (a ) For items covered by paragraph 4 ( b ) , on the day of their return to Reserve Bank provided they have been returned not later than 3:00 p.m. (b) For all other items, on the business day next following the day of their return to Reserve Bank.6 6. The paying bank will return unpaid items to Reserve Bank sorted, packaged, and listed and enclosed in sealed envelopes bearing the names of the respective depository institutions from which Re serve Bank received the items therein contained, except that all such items that Reserve Bank received from depository institutions other than (a) New York Clearing House Banks, and (b) the depository institutions participating in the MB&B Collection Arrangement shall be returned to Reserve Bank in sealed envelopes bearing Reserve 41 Bank’s name. The total amount of the items (including the amount of any statutory protest fees charged for protesting any such items) therein contained shall be indicated on the face of each return item envelope. 7. In order to conform to Rule 9 of the New York Clearing House “Rules Governing the Return of Items Received Through the Exchanges” items that Reserve Bank received from New York Clear ing House banks and that are returned to Reserve Bank on the day of presentment shall be enclosed in a uniform return item envelope of a distinctive blue color, marked “Return Items.” Reserve Bank does not supply such envelopes. 8. Any item sent to the paying bank by Reserve Bank that is not paid, and any notice or certificate of dishonor or protest thereof, may be returned by Reserve Bank to the sending bank by delivering it to a messenger sent by the paying bank to Reserve Bank’s office to deposit items with Reserve Bank, to return dishonored items to Re serve Bank, or to receive items delivered by Reserve Bank to such messenger, and will, upon such delivery, be and be deemed to be so returned with the same force and effect as though such items were returned to and received by the paying bank at its counter, or were mailed to the paying bank, at the time of such delivery. 9. Reserve Bank reserves the right to amend any portion of this Agreement upon seven calendar days’ prior notice to each paying bank that has agreed to its provisions. Correspondent Authorization 1. Reserve Bank will charge the Correspondent’s account on Re serve Bank’s books with the amount of the items delivered by Reserve Bank daily to authorized messengers of the paying bank designated in the Paying Bank MB&B Agreement and Correspondent Authoriza tion in accordance with the Paying Bank Agreement. 2. The Correspondent authorizes Reserve Bank to charge its account with the amount of the items delivered to the paying bank. Later in the day, Reserve Bank will make available to the Correspon dent, at the window of Reserve Bank’s Check Processing Department, a debit advice showing the amount of the charge to its account or, at its request, Reserve Bank will mail the debit advice to the Corres pondent. 42 3. The Correspondent may terminate Reserve Bank’s authority to charge its account by writing to the Accounting Department of Reserve Bank. Termination will be effective upon receipt by Reserve Bank, but Reserve Bank may make all charges or credits to the Cor respondent’s account required by or incidental to the Paying Bank MB&B Agreement relating to cash items delivered or received by Reserve Bank prior to the time of the termination. 4. Reserve Bank will credit to the Correspondent’s account the total amount of all items returned to Reserve Bank in accordance with paragraph 4 of the Paying Bank Agreement by the paying bank in accordance with paragraph 5 of the Paying Bank Agreement. 5. The Correspondent will indemnify Reserve Bank and hold it harmless from any loss it may incur under this agreement except for Reserve Bank’s own negligence. 6. Reserve Bank reserves the right to amend any portion of this authorization upon seven calendar days’ prior notice to each Corres pondent that has agreed to its provisions. 43 APPENDIX F-l PAYING BANK MB&B AGREEMENT [To be typed on payor depository institution’s letterhead] [Date] F ederal Reserve B ank of New Y ork 33 Liberty Street New York, New York 10045 Attention: Manager C heck Processing D epartm ent Gentlemen: We agree to participate in your MB&B Collection Arrangement and to the terms of the Paying Bank Agreement of Appendix F of your Operating Circular No. 4. We authorize you to charge or credit our account on your books and to make appropriate adjustments in connection with the payment or return of items payable by, at, or through us under that Arrangement. [Name o f payor depository institution] By: [Authorized signature(s)] [Title] 44 APPENDIX F-2 PAYING BANK MB&B AGREEMENT AND CORRESPONDENT AUTHORIZATION [To be typed on payor depository institution’s letterhead] [Date] F ederal R eserve B ank of New Y ork 33 Liberty Street New York, New York 10045 Attention: Manager C heck Processing D epartm ent Gentlemen: A. Paying Bank Agreem ent We agree to participate in your MB&B Collection Arrangement and to the terms of the Paying Bank Agreement of Appendix F of your Operating Circular No. 4. We designate .......................................... [Name of correspondent ] as correspondent against whose account on your books, credits, debits, and appropriate adjustments may be entered in connection with the payment or return of items payable by, at, or through us under that Arrangement. [Name of payor depository institution] By: [Authorized signature(s)] [Title] 45 B. Correspondent Authorization We authorize you to charge or credit our account on your books and to make appropriate adjustments in connection with the payment or return of items payable by, at, or th rou g h ............................................. [Name of payor ..................................................... in accordance with the Correspondent depository institution ] Authorization in Appendix F of your Operating Circular No. 4. [Name o f correspondent depository institution] By: [Authorized signature(s)] [Title] 46 APPENDIX G THRIFT INSTITUTION COLLECTION ARRANGEMENT (“TICA”) The Federal Reserve Bank of New York ( “Reserve Bank”) pre sents items to a payor depository institution ( “paying bank”) partici pating in TICA under Subpart A of Regulation J, our applicable operating circulars, and this Appendix G. A depository institution that maintains an account with Reserve Bank agrees to these terms by executing a letter in the form of the “Paying Bank TICA Agreement,” attached as Appendix G-l. If the charge is to be posted to the account of another depository institu tion (“Correspondent”), the paying bank and its Correspondent agree to these terms by executing a letter in the form of the “Paying Bank TICA Agreement and Correspondent Authorization,” attached as Appendix G-2. Paying Bank Agreement 1. The paying bank shall arrange to have its messenger, whose authority shall be evidenced in such form as Reserve Bank may from time to time request, call at Reserve Bank’s office each business day, at an hour prescribed by Reserve Bank. The messenger will call for and receive items payable by, at, or through the paying bank’s main or any branch office as Reserve Bank may deliver to the messenger. 2. Delivery of items to the messenger shall constitute due sentment by Reserve Bank of the items to the paying bank for ment, with the same force and effect as though the items were sented by Reserve Bank to the paying bank for payment at the ing bank’s counter at the time of delivery. pre pay pre pay 3. The paying bank authorizes Reserve Bank, upon delivery of the items to the messenger, to charge to the paying bank’s, or a cor respondent’s, account on Reserve Bank’s books, the total amount of the items so delivered. 4. Items presented to the paying bank hereunder may be returned unpaid only if they have been sorted, packaged, and listed as herein after provided and are returned to Reserve Bank within the periods prescribed by this paragraph. 47 (a ) A missent or ineligible item may be returned not later than 9:00 p.m. of the day of presentment. (b ) A cash item drawn by the paying bank on itself to Reserve Bank’s order may be returned not later than 3:00 p.m. of the day of presentment, provided that any such cash item may be returned not later than 9:00 p.m. of that day if, by 3:00 p.m. of that day, the paying bank has notified Reserve Bank in writing or by telephone of its intention to return the cash item and, if such notice was by telephone, the paying bank con firmed the notice to Reserve Bank in writing by 5:00 p.m. of that day. (c ) All other 9:00 p.m. sentment. Bank not cash item ( c ). unpaid cash items may be returned not later than of the business day next following the day of pre The paying bank may, however, return to Reserve later than 9:00 p.m. of the day of presentment, a that is otherwise returnable under this subparagraph ( d ) An item of $5,000 or over that was received by the paying bank from a New York Clearing House bank and that is returned by the paying bank to Reserve Bank for endorsement (including bank stamp) shall be certified by the paying bank prior to its return. 5. An item not returned as provided in paragraph 4 shall be deemed to be finally paid. For an unpaid item (and protest fees) returned as provided in paragraph 4, Reserve Bank will give credit on the appropriate books of account as follows: (a ) For an item covered by paragraph 4 ( b ) , on the day of its return to Reserve Bank provided it has been returned not later than 3:00 p.m. (b ) For any other item, on the business day next following the day of its return to Reserve Bank. 6. The paying bank shall return unpaid items to Reserve Bank sorted, packaged, and listed and enclosed in sealed envelopes bearing the names of the respective depository institutions from which Reserve Bank received the items therein contained, except that all such items that Reserve Bank received from depository institutions other than (a ) New York Clearing House banks, and (b ) the depository insti tutions participating in the TICA Collection Arrangement shall be returned to Reserve Bank in sealed envelopes bearing Reserve Bank’s name. The total amount of the items (including the amount of any statutory protest fees charged for protesting any such items) therein contained shall be indicated on the face of each return item envelope. 48 7. In order to conform to Rule 9 of the New York Clearing House “Rules and Rulings on Items for the Exchanges” items that Reserve Bank received from New York Clearing House banks and that are returned to Reserve Bank on the day of presentment shall be enclosed in a uniform return item envelope of a distinctive blue color, marked “Return Items.” Reserve Bank does not supply such envelopes. 8. Any item sent to the paying bank by Reserve Bank that is not paid, and any notice or certificate of dishonor or protest thereof, may be returned by Reserve Bank to the paying bank by delivering it to a messenger sent by the paying bank to Reserve Bank’s office to deposit items with Reserve Bank, to return dishonored items to Reserve Bank, or to receive items delivered by Reserve Bank to such messenger, and will, upon such delivery, be and be deemed to be so returned with the same force and effect as though such items were returned to and received by the paying bank at its counter, or were mailed to the paying bank, at the time of such delivery. 9. Reserve Bank reserves the right to amend any portion of this Agreement upon seven calendar days’ prior notice to each paying bank that has agreed to its provisions. Correspondent Authorization 1. Reserve Bank will charge the Correspondent’s account on Reserve Bank’s books with the amount of the items delivered by Reserve Bank daily to authorized messengers of the paying bank designated in the Paying Bank TICA Agreement and Correspondent Authorization in accordance with the Paying Bank Agreement. 2. The Correspondent authorizes Reserve Bank to charge its account with the amount of the items delivered to the paying bank. Later in the day, Reserve Bank will make available to the Correspon dent, at the window of Reserve Bank’s Check Processing Department, a debit advice showing the amount of the charge to its account or, at its request, Reserve Bank will mail the debit advice to the Corre spondent. 3. The Correspondent may terminate Reserve Bank’s authority to charge its account by writing to the Accounting Department of Reserve Bank. Termination is effective upon receipt by Reserve Bank, but Reserve Bank may make all charges or credits to the Correspon dent’s account required by or incidental to the Paying Bank Agree 49 ment relating to cash items delivered or received by Reserve Bank prior to the time of the termination. 4. Reserve Bank will credit to the Correspondent’s account the total amount of all items returned to Reserve Bank in accordance with pragraph 4 of the Paying Bank Agreement by the paying bank in accordance with paragraph 5 of the Paying Bank Agreement. 5. The Correspondent will indemnify Reserve Bank and hold it harmless from any loss it may incur under this agreement except for Reserve Bank’s own negligence. 6. Reserve Bank reserves the right to amend any portion of this Authorization upon seven calendar days’ prior notice to each Corres pondent that has agreed to its provisions. 50 APPENDIX G-l PAYING BACK TICA AGREEMENT [To be typed on payor depository institution’s letterhead] [Date] Federal Reserve Bank of New York 33 Liberty Street New York, New York 10045 Attention: Manager C heck Processing D epartm ent Gentlemen: We agree to participate in your Thrift Institution Collection Arrangement and to the terms of the Paying Bank Agreement of Appendix G of your Operating Circular No. 4. We authorize you to charge or credit our account on your books and to make appropriate adjustments in connection with the payment or return of items pay able by, at, or through us under that Arrangement. [Name o f payor depository institution] By: [Authorize signature(s)] [Title] 51 APPENDIX G-2 PAYING BANK TICA AGREEMENT AND CORRESPONDENT AUTHORIZATION [To be typed on payor depository institution’s letterhead] [Date] Federal Reserve Bank of New York 33 Liberty Street New York, New York 10045 Attention: Manager C heck Processing D epartm ent Gentlemen: A. Paying Bank Agreem ent We agree to participate in your Thrift Institution Collection Arrangement and to the terms of the Paying Bank Agreement of Appendix G of your Operating Circular No. 4 We designate .......... [Name .................................... as correspondent against whose account on of correspondent] your books credits, debits, and appropriate adjustments may be entered in connection with the payment or return of items payable by, at, or through us under that Arrangement. [Name o f payor depository institution] By: [Authorize signature(s)] [Title] 52 B. C orrespondent Authorization We authorize you to charge or credit our account on your books and to make appropriate adjustments in connection with the payment or return of items payable by, at, or through .......................................... [Name of payor depository ........................... in accordance with the Correspondent Authorization institution] in Appendix G of your Operating Circular No. 4. [Name o f correspondent depository institution] By: [Authorized signature(s)] [Title] 53