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Is Imaging Front of Check a Legal Copy of a Check?

Answered by: 
John Burnett

Question: 
Our bank recently converted to item-capture imaging. Instead of sending the original copy of a check back with the statement, we have included an image of that check (five to a page). We first told our customers that this image of the check was a legal copy of the check and it contained both front and back images. Now, we have chosen to only image the front of the check to save paper. Is the image of only the front of a check still a legal copy of the check? Should we include the front and back image of a check?
Answer: 

Except when dealing with substitute checks under Check 21, whether a check copy is sufficient for purposes of proof of payment and evidence rules is pretty much up to state legislation and case law. From a practical perspective, a payee might accept a front-only image on a bank statement, but that's not truly proof that the payee received the funds, since there's no evidence of endorsements. If you are able to provide customers with legible front and back images when they are needed for settling a payment dispute, I think you're covered. I can't recommend that you describe your statement images as legal copies of the checks they represent.

First published on BankersOnline.com 5/21/07

First published on 05/21/2007

Filed under: 
Technology
Filed under technology as: 
Checks
Imaging
IT

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