Check 21
Important News For Our Checking Account Customers
Effective October 28, 2004 a new federal law, the Check 21 Act, will
necessitate some changes in the way your paid checks are handled. As a
result, customers who receive monthly image statements and those who access
statements online will notice some of the checks look different.
The changes brought on by Check 21 will improve check collection by automating
many high-touch procedures. The result should be faster, more efficient
clearing and posting of check payments.
More Important Information
What is Check 21?
Why was Check 21 created?
What does Check 21 do?
What is a substitute check?
Is Check 21 mandatory?
When will Check 21 take effect?
Are substitute checks an acceptable proof of payment?
What happens to my original check?
What if I need a copy of my canceled check?
How will I benefit with Check 21?
What items are subject to Check 21?
How does Check 21 relate to electronic check conversion (e-check)?
What if there's an error involving a substitute check?
What are the implications for my account management practices?
What is Check 21?
In a nutshell, Check 21 (the Check Clearing for the
21st Century Act) allows banks to replace original paper checks with "substitute
checks" that are made from digital copies of the originals.
Why was Check 21 created?
Check 21 was created to reduce the time, risks and cost associated with
paper check processing.
Currently, checks travel on trains, planes, and automobiles during the
clearing process. When Check 21 becomes effective, banks will be able
to send digital images of checks electronically, eliminating the need
to physically transport paper checks between banks. Check 21 will also
reduce uncontrollable transportation delays that can be caused by weather
or natural disasters.
What does Check 21 do?
Check 21 will create a more efficient check processing
system, without changing the way consumers write checks.
It simply requires banks and customers to accept paper
copies of their original checks called "substitute
checks."
What is a substitute check?
A substitute check is a paper copy of the digital image of your original
check - both front and back, with all endorsements - and is about the
size of a business check. Check 21 legislation sets standards for quality
and allows for substitute checks to be legal copies of the originals.
All banks must accept the substitute check as they would the original
document.
Check processing will be faster with the implementation of Check 21.
Funds may be removed from your account sooner than in today's system,
therefore there will be less "float time." As always, make sure
you have enough money in your account before writing a check.
Is Check 21 mandatory?
Check 21 does not mandate electronic processing of digital
check images. It simply makes it possible. For banks that choose to process
checks manually, a substitute check will be made of the image, which will
be processed as if it were the original.
When will Check 21 take
effect?
Check 21 was signed into law October 28, 2003 and becomes effective
October 28, 2004.
Are substitute checks an
acceptable proof of payment?
Yes, everyone must accept substitute checks beginning October 28, 2004.
What happens to my original
check?
After taking a digital image, the bank may destroy your original check.
If necessary, a substitute check may be created. Since substitute checks
are legal copies of your original check, there is no need to save the
original.
What if I need a copy of
my canceled check?
Contact your bank. They will produce a copy for you. Also, many banks
offer images of cancelled checks through their online banking service.
How will I benefit with
Check 21?
- You may have earlier access to your funds and faster, more convenient
access to information about your checks - such as online images.
- You'll have better fraud protection. Faster processing means faster detection
and faster resolution.
- If you detect a problem because of a substitute
check, Check 21 requires that the bank re-credit your account, pending
an investigation.
What items are subject
to Check 21?
All checks, including cashier's checks, payroll checks, personal checks
and business checks are subject to Check 21. Savings bonds are not checks
and therefore are not subject to Check 21.
How does Check 21 relate
to electronic check conversion (e-check)?
Check 21 involves creating digital images of original checks, but they
are still processed under the same laws and regulations as paper checks.
On the other hand, electronic check conversion, or e-check, occurs when
a check is converted into an electronic funds transfer. The transaction
is then routed through the Automated Clearing House (ACH) network, the
same system used by Direct Deposit.
On your monthly statement, a substitute check will be listed with your
other checks; an e-check will be listed with other electronic funds transfers,
such as automated debits for health club memberships or a payment setup
with a utility company.
What if there's an error
involving a substitute check?
Check 21 requires that we provisionally re-credit your account, usually
within ten business days, for any substitute check you receive and dispute.
Please review your monthly checking account statements and contact us
immediately if you suspect an error.
What are the implications
for my account management practices?
Checks you write should clear sooner, raising the possibility that some
checks will be returned NSF if there were non-sufficient collected funds
in the account when you wrote the check. You should not write checks for
amounts that can't be covered by funds already in your checking accounts.
More important information
For more information about Check 21, read "Where
are my checks?" or contact your nearest Berkshire
Bank office.
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