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Implementing the Check 21 Act: Potential risks facing banks

The Check Clearing for the 21st Century Act (the Check 21 Act) was designed to facilitate technological innovation by accelerating the transition to electronic check processing. Yet, in adopting Check 21-related processing, banks must also appropriately identify and mitigate potential risks associated with this new federal law.

The Check Clearing for the 21st Century Act (the Check 21 Act), effective October 28, 2004, is designed to foster innovation in the payments system and to enhance its efficiency by reducing some of the legal impediments to check truncation.1 It introduces a new negotiable instrument, called a substitute check, and makes it the legal equivalent of the original check. ...

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