(a) Warranties. Each paying bank or returning
bank that transfers a returned check and receives a settlement or other
consideration for it warrants to the transferee returning bank, to any
subsequent returning bank, to the depositary bank, and to the owner of
the check, that--
(1) The paying bank, or in the case of a check
payable by a bank and payable through another bank, the bank by which the
check is payable, returned the check within its deadline under the U.C.C.,
Regulation J (12 CFR part 210), or Sec. 229.30(c) of this part;
(2) It is authorized to return the check;
(3) The check has not been materially altered;
and
(4) In the case of a notice in lieu of return,
the original check has not and will not be returned.
These warranties are not made with respect to checks drawn on the Treasury
of the United States, U.S. Postal Service money orders, or checks drawn
on a state or a unit of general local government that are not payable through
or at a bank.
(b) Warranty of notice of nonpayment. Each
paying bank that gives a notice of nonpayment warrants to the transferee
bank, to any subsequent transferee bank, to the depositary bank, and to
the owner of the check that--
(1) The paying bank, or in the case of a check
payable by a bank and payable through another bank, the bank by which the
check is payable, returned or will return the check within its deadline
under the U.C.C., Regulation J (12 CFR part 210), or Sec. 229.30(c) of
this part;
(2) It is authorized to send the notice; and
(3) The check has not been materially altered.
These warranties are not made with respect to checks drawn on a state
or a unit of general local government that are not payable through or at
a bank.
(c) Warranty of settlement amount, encoding,
and offset. (1) Each bank that presents one or more checks to a paying
bank and in return receives a settlement or other consideration warrants
to the paying bank that the total amount of the checks presented is equal
to the total amount of the settlement demanded by the presenting bank from
the paying bank.
(2) Each bank that transfers one or more checks
or returned checks to a collecting, returning, or depositary bank and in
return receives a settlement or other consideration warrants to the transferee
bank that the accompanying information, if any, accurately indicates the
total amount of the checks or returned checks transferred.
(3) Each bank that presents or transfers a
check or returned check warrants to any bank that subsequently handles
it that, at the time of presentment or transfer, the information encoded
after issue in magnetic ink on the check or returned check is correct. For purposes of this paragraph, the information encoded after issue on the check or returned check includes any information placed in the MICR line of a substitute check that represents that check or returned check.
(4) If a bank settles with another bank for
checks presented, or for returned checks for which it is the depositary
bank, in amount exceeding the total amount of the checks, the settling
bank may set off the excess settlement amount against subsequent settlements
for checks presented, or for returned checks for which it is the depositary
bank, that it receives from the other bank.
(d) Transfer and presentment warranties with respect to a remotely created check.
(1) A bank that transfers or presents a remotely created check and receives a
settlement or other consideration warrants to the transferee bank, any subsequent
collecting bank, and the paying bank that the person on whose account the remotely
created check is drawn authorized the issuance of the check in the amount stated on the
check and to the payee stated on the check. For purposes of this paragraph (d)(1),
"account" includes an account as defined in § 229.2(a) as well as a credit or other
arrangement that allows a person to draw checks that are payable by, through, or at a
bank.
(2) If a paying bank asserts a claim for breach of warranty under paragraph (d)(1)
of this section, the warranting bank may defend by proving that the customer of the
paying bank is precluded under U.C.C. 4-406, as applicable, from asserting against the
paying bank the unauthorized issuance of the check.
(e) Damages. Damages for breach of these warranties
shall not exceed the consideration received by the bank that presents or
transfers a check or returned check, plus interest compensation and expenses
related to the check or returned check, if any.
(f) Tender of defense. If a bank is sued for
breach of a warranty under this section, it may give a prior bank in the
collection or return chain written notice of the litigation, and the bank
notified may then give similar notice to any other prior bank. If the notice
states that the bank notified may come in and defend and that failure to
do so will bind the bank notified in an action later brought by the bank
giving the notice as to any determination of fact common to the two litigations,
the bank notified is so bound unless after seasonable receipt of the notice
the bank notified does come in and defend.
(g) Notice of claim. Unless a claimant gives
notice of a claim for breach of warranty under this section to the bank
that made the warranty within 30 days after the claimant has reason to
know of the breach and the identity of the warranting bank, the warranting
bank is discharged to the extent of any loss caused by the delay in giving
notice of the claim.
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