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Liability - Responsibility:
Uniform Commercial Code (UCC) Changes (Articles 3 and 4 rewritten in 1990)

  • Changed long-held premise that banks were solely responsible for losses resulting from fraudulent checks.
  • Liability for check fraud can now more easily be apportioned between banks and clients relative to a determination of fault
  • Company and drawee bank must exercise "ordinary care" � adherence to reasonable commercial standards
  • Negligence on the part of either party may make it liable for part or all of the losses resulting from check fraud
Banks� compliance with Reg CC to make funds available
  • Within one day for certain types of checks
  • Two days for checks drawn on a local bank
  • No longer than five days for non-local deposits
* Reg CC - Fed. Reserve Board Regulation CC, Availability of Funds and Collection of Checks. Source: Fraud Prevention Strategies at Georgia Tech (powerPoint)

last updated 10 July 2009
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