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The Check Clearing
for the 21st Century Act (Check 21) was signed into law on
October 28, 2003, and became effective on October 28, 2004. Check
21 is designed to foster innovation in the payments system and to
enhance its efficiency by reducing some of the legal impediments
to check truncation. The law facilitates check truncation by creating
a new negotiable instrument called a substitute check, which would
permit banks to truncate original checks, to process check information
electronically, and to deliver substitute checks to banks that want
to continue receiving paper checks. A substitute check would be
the legal equivalent of the original check and would include all
the information contained on the original check. The law does not
require banks to accept checks in electronic form nor use the new
authority granted by the act to create substitute checks.
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