Fed Finalizes Amendments To Liability Provision Of Reg CC

WASHINGTON—The Federal Reserve has finalized amendments to the liability provision of Regulation CC, creating a regulatory presumption for resolving disputes over certain potentially altered or forged checks.

The amendments become effective Jan. 1, 2019.

NAFCU, pointing to the Fed's explanation, said the changes include a presumption that a substitute or electronic check was altered in certain cases of doubt (when the original check is not available).

"The presumption applies only to disputes between banks and only when one bank has transferred an electronic or substitute check to the other bank. As with existing rules under Regulation CC, the parties may, by mutual agreement, vary the effect of the amendments' provisions," according the Fed.

Also, the amendments clarify that this presumption does not apply if it runs contrary to another existing regulation.

NAFCU noted that it wrote a letter supporting the proposal last year.

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