2015 national ncp day - eccho · 2015 national ncp day recognition for ncps and ... wilma baer...
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2015 National NCP Day Recognition for NCPs and
CE Seminar:
Clarifying UCC Paul Carrubba, Attorney & Payments
Expert, Adams & Reese, LLP
Copyright© 2015 by the Electronic Check Clearing House Organization (Certain contributed content subject to third party copyrights)
NOTICES This webinar may provide an introduction to or summary of various aspects of check payments and the legal and rules framework for check image exchange. Responsibility for compliance with image exchange rules, and/or the legal, operational and regulatory requirements applicable to check image exchange, remains at all times with the financial institution participating in check image exchange and/or the individual or company using a check image exchange service. This presentation and the information contained herein is not intended as legal or compliance advice or recommendation to any person or company. This presentation could include technical inaccuracies or typographical errors and individual users are responsible for verifying any information found in this presentation and related “live” webinar or webinar playback. Financial institutions should consult with their legal counsel regarding legal and operational requirements applicable to any check image exchange program they may offer or in which they participate. The content for questions provided in this presentation were provided by NCPs and edited by ECCHO. The answers to questions/comments/opinions expressed herein are not necessarily those of ECCHO.
These program materials may not be reproduced or published, in whole or in part, without the express permission of ECCHO. Copyright© 2015 by the Electronic Check Clearing House Organization
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Now that you are an NCP…
There should be a day just for you to
Agenda
• Welcome
• What is NCP Day?
• Recognition of NCPs – Class of 2015 – High Score in 2015 – First NCPs in Iowa and New Hampshire – Drawing
• Continuing Education: Clarifying Your UCC Questions
– Paul Carrubba, Attorney, Adams & Reese, LLP –Questions supplied by NCPs and NCP Training Partners 4 National Check Payments Certification
What is NCP Day?
5 NCPC Continuing Education Program
• NCP Day is a day to honor all NCPs
• It is a way to celebrate your NCP, your staff NCPs, or your member NCPs
• It is nationally recognized—so others across the country will be celebrating too
• We hope to raise awareness of NCP through the celebrations within financial organizations
• NCP Day is each year in August
2015 NCP Program
• Welcome to 103 new NCPs!
• There are now 519 NCPs
• Since 2011 more than 1,000 have registered for NCP and more than 800 have taken NCP exam
• 90+% recommend NCP, believe it will help their career, and work for organizations that value NCP
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Now that You’re an NCP
• All NCPs are listed on our website http://www.eccho.org/ncpc_current_ncp_dir
• Maintaining your NCP Status
http://www.eccho.org/ncpc_cont_edu
• NCP Guide Program
http://www.eccho.org/ncp_guide
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Congrats to NCPs of 2015 Timothy Anderson City National Bank
Tamara Bereece Transportation Alliance Bank
Kelli Carlson Hayward Community CU
Kimberly Arbogast Corporate One FCU
Jeffry Berlin FirstMerit Bank
Nathan Carman Technology CU
Wilma Baer Private Bank of Buckhead
Michelle Bleise Isabella Bank
Jamileth Carranza-Rivera Boston Private Bank & Trust
Diego Barco Access National Bank
Lisa Boggs Citizens National Bank
Jane Castro Citizens Business Bank
Matthew Barlow Idaho Central CU
Lisa Bourgeois TD Bank
Kai Catlin WACHA
Michelle Beier First Savings Bank Northwest
Kathryn Brown Northstar Bank of Colorado
Gilda Ceniza Technology CU
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Congrats to NCPs of 2015 Gary Wayne Champion Jr. Square 1 Bank
Fred De Jesus City National Bank
Noelle Farvour Tri City National Bank
Kara Collins Members 1st FCU
Luann Doerr Brunswick State Bank
Theresa Feasel Corporate One FCU
Scott Connolly Genisys Credit Union
Amanda Dorsey Home Bank
Kristen Felsen SEFCU
Amy Constant North American Banking Company
Sarah Duchateau Bank Mutual
Debra Fernau Community First Credit Union
Ashley Corbett Bank of Lexington
Teresa Edwards Capital One Bank
Michelle Fulmore St. Mary’s Bank
Deborah Cunningham Rosedale Federal Savings & Loan
Caleb Etzler Talmer Bank
Katie Gehrke United Prairie Bank
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Congrats to NCPs of 2015
Jennifer Giguere Central Bank
Shannon Hairfield Community Bankers Bank
Katherine Jarrett Bank of the West
Skylar Gravatt Savings Bank of Mendocino County
Hae Jung Han Puget Sound Bank
Rebecca Krabbe COPOCO Community Credit Union
Kimberly Grotsky Anheuser-Busch Employees CU
Jillian Hawkinson United Bankers Bank
Kimberly Kranendonk America First Credit Union
Nina Guerrero Mercantile Bank
Andrew Hoffman Bankers’ Bank
Barbara Kressenberg Citizens Security Bank
Viviana Gutierrez Citizens Business Bank
Elizabeth Hoshaw Alpine Bank & Trust Co.
Mindy Kriefall Bank Mutual
Elizabeth Hafer CODE Credit Union
Jacqueline Iser The Bank of Romney
Jennifer Lercher The Bank of Edwardsville
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Congrats to NCPs of 2015
Felicia Lewis United Bankers Bank
Peter McVey Lead Bank
David Moser BBVA Compass
Patricia Longo EPCOR
Dianna Miller Financial Center FCU
Ann Marie Nalesnik PeoplesBank
Kelly MacLeod
Scott Miller ECCHO
Erick Ondich United Bankers’ Bank
Kristina Martin Bank of America
Ruben Morales TD Bank
Sandy Ortins New England Automated Clearing
Melissa Martinson Bank of Prairie du Sac
Jordan Matthew Morell UMACHA
Jacquelyn Owens The State Bank
Mary Maurer Northstar Fin. Group Innovations
Lori Morgan Johnson Bank Wisconsin
Alexander Pegnato Bank of America
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Congrats to NCPs of 2015
Benita Penick PBI Bank
Jayne Ross Mercantile Bank of Michigan
Ashley Shields Pan American Bank
Trudi Peters 1st Advantage Bank
Teresa Ruggles MainSource Bank
Joohee Shin Shinhan Bank America
Anita Purvis NCB, FSB
Diana Sawyer Hayward Community CU
Angela Shores Two Rivers Bank & Trust
Martha Ramos
Kathryn Seggelke Colorado National Bank
Victor Sibera FirstMerit Bank
Cheryl Reynolds U.S. Bank
Janis Lynn Shaffer Wildfire CU
Kimberly Smith ELGA CU
Meegan Ritthaler InTrust Bank
Cammie Shaw First Business Bank
Miranda Smith First State Community Bank
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Congrats to NCPs of 2015
Samuel Smith Independent Bank
Denise Waybright First and Citizens Bank
Julie Yong MUFG Union Bank
Joshua Staley State Farm Bank
Sandy Weber Scottrade Bank
Amy Stum Bank of America
Cheryl Willeford Broadway National Bank
Stephen Walker Bank of America
Ivy Williams DCCU
Deborah Cherie Walter Seacoast Commerce Bank
Sheila Wolfe NebraskaLand National Bank
Kellie Annette Ward Oconee State Bank
Danny Wong Alma Bank
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Recognition of High Scorer
Congratulations!!!
2015 Class: Luann Doerr, Brunswick State Bank
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First NCPs in Each State
Congratulations!!!
• Iowa: Angela Shores, Two Rivers Bank & Trust
• New Hampshire: Michelle Fulmore, St. Mary’s
Bank
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States with No NCPs
• Alaska • New Mexico • Rhode Island
Tell your friends and members about this opportunity to be FIRST!
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Thanks to Our Partners • EastPay • EPCOR • FNBB • MACHA • NEACH • PaymentsFirst • SFE • The Clearing House • The Payments Authority • UMACHA • WACHA • SWACHA • UBB • WesPay
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2015 National NCP Day
Recognition for NCPs and CE Seminar:
Clarifying Your UCC Questions Paul Carrubba, Attorney & Payments
Expert, Adams & Reese, LLP
Copyright© 2014 by the Electronic Check Clearing House Organization (Certain contributed content subject to third party copyrights)
Clarifying Your UCC Questions
• UCC is Difficult for Most to Understand –Both the language and concepts are
complicated
• Each year NCP registrants find studying for UCC challenging
• That is why we selected UCC as the subject for the NCP Day CE session
• We are very grateful to Paul Carrubba for speaking to us today
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Paul Carrubba, Attorney
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Paul has more than 43 years of experience in the financial services industry as a bank operations manager, consultant, author and attorney.
Paul has served as an expert witness in numerous cases on issues dealing with reasonable standards in the banking industry.
Paul frequently speaks at industry conferences across the U.S.
Paul’s experience includes:
• 20 years as SVP and Manager of Operations at a regional bank • 8 years at a leading payments software/consulting firm • Taught at the Alabama & Mississippi Schools of Banking • Taught at BAI’s Graduate School of Banking Operations and
Technology • Served on Board of Directors at NACHA • The author of six books including: Revised UCC Article 3 and 4,
A Banker’s Guide to Checks, Principles of Banking, and Remote Deposit Capture Practical Considerations.
Clarifying UCC
Paul Carrubba, Partner, Adams and Reese, LLP
NOTICES This webinar may provide an introduction to or summary of various aspects of check payments and the legal and rules framework for check image exchange. Responsibility for compliance with image exchange rules, and/or the legal, operational and regulatory requirements applicable to check image exchange, remains at all times with the financial institution participating in check image exchange and/or the individual or company using a check image exchange service. This presentation and the information contained herein is not intended as legal or compliance advice or recommendation to any person or company. This presentation could include technical inaccuracies or typographical errors and individual users are responsible for verifying any information found in this presentation and related “live” webinar or webinar playback. Financial institutions should consult with their legal counsel regarding legal and operational requirements applicable to any check image exchange program they may offer or in which they participate. The content for questions provided in this presentation were provided by NCPs and edited by ECCHO. The answers to questions/comments/opinions expressed herein are not necessarily those of ECCHO.
These program materials may not be reproduced or published, in whole or in part, without the express permission of ECCHO. Copyright© 2014 by the Electronic Check Clearing House Organization
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Ordinary Care
• What is ordinary care? How does it differ for different geographies, types of financial institutions, etc? How has it evolved over the last few years?
• Why is ordinary care important to a financial institution?
• Lawsuit examples
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Warranties vs. Indemnities
• What is the difference between a warranty and an indemnity?
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Transfer vs. Presentment Warranty
What is the difference between UCC transfer warranties and UCC presentment warranties?
• Why do transfer warranties say “warrants that all signatures are authentic and authorized” and presentment warranties say “the warrantor has no knowledge that the signature is not authorized”?
– Isn’t that a different standard?
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Statute of Limitations
• The UCC contains provisions for statute of limitation and for statute of repose. What is the difference?
• One year versus three years—why?
• Which one prevails or when to use each?
• Can you change the timeframes by agreement?
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Holder vs. Holder in Due Course
• We have heard much about Holder in Due Course (HIDC) claims due to duplicate issues and claims from outside the financial system
–What is the difference between Holder and HIDC?
–What rights do each have?
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Potential HIDC Claim A check presented for payment by BOFD A on 5/1/14 and was paid. A duplicate item was received from BOFD B on 5/20/15 and was paid.
Because the adjustments deadline has passed for the BOFD A item, paying bank can only go back to BOFD B. If BOFD B or their customer has the paper item and is HIDC, what can paying bank do to get their money back from either BOFD?
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Altered Item Affidavits
Do you have any advice on submitting air-tight altered item affidavits?
The other institution insists the item was forged instead of altered (“the maker’s signature has been tampered with and therefore, this is a forged maker issue, making the paying bank liable”). However our customer says that the payee/amount was altered but the signature was theirs.
Is there any avenue you can suggest once the denial has come back?
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Improper Breach of Warranty Claims
Can you please explain the correct process for filing a breach of warranty collections claim?
(Rather than charging an item back or submitting adjustment for a breach of warranty (alterations, endorsements))
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Responsibility for Counterfeit/Forged
Could you explain the paying bank’s liabilities under UCC for counterfeit/forged maker items? Does the ultimate liability remain with the paying bank despite Rule 9?
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RDC Issues
Can financial institutions print ‘Not for Mobile Deposit’ on the face of the checks they issue? Can you discuss things that financial institutions can do to help fight against RDC duplicates/fraudulent redeposit of items?
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Official Checks
• Can I put a stop pay on an official check?
–Cashier’s checks –Teller’s checks
• Can you please discuss how official checks are created/issued and who has liability if they are lost or stolen?
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Defenses Available to a Bank
• Customer Negligence
• Fictitious Payee
• Employer Endorsement Responsibility
• Ratification
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Questions/Comments
This session is eligible for 1.2 NCP CE Credits
Contact: [email protected]
This NCPC Program document contains copyrighted materials of its publisher and the above named organizations that contributed materials to this document.
These program training materials may not be reproduced or published, in whole or in part, without the express permission of ECCHO
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