A problem that has intensified since publication of the Seventh Edition is bank liability where checks of a business organization or a trust or estate are handled by banks in such a manner as to allow the diversion of the proceeds for the personal benefit of employees, agents, or fiduciaries of such a business organization, trust, or estate. — Richard Hagedorn

In any economic environment, it is critical for financial institutions to ensure that they are not left “holding the bag” when a large payment goes wrong. Brady on Bank Checks and Funds Transfers, the leading publication on bank checks and electronic funds transfers, provides easy-to-use information to help you ensure that all your transactions involving bank checks and electronic funds transfers are handled properly under current case law and in compliance with applicable laws and regulations. It specifically addresses financial institution liability in these areas.

Brady on Bank Checks and Funds Transfers provides comprehensive commentary and guidance to bankers and practitioners concerned with the complexities of Uniform Commercial Code Articles 3, 4, and 4A as they relate to bank checks and funds transfers. This authoritative treatise addresses the issue, transfer, collection, and payment of checks; the return of unpaid checks; substitute checks; electronic checks; electronic funds transfers; and forgeries and alterations.

The legal analysis is supported with numerous citations to the most recent and relevant statutes, regulations, and cases—resulting in an incomparable resource for all your practical questions or legal research involving bank checks and funds transfers. In fact, Brady on Bank Checks and Funds Transfers is recognized throughout the legal profession as a top authority on the law of bank checks and is often cited by the courts. This leading treatise covers:

• Compliance with applicable provisions of Regulation E
• General characteristics of checks
• Check problems prior to collection or payment
• Deposit and collection of checks
• Substitute checks
• Electronic checks
• Electronic funds transfers
• Unauthorized deposits
• Payment of checks
• Nonpayment of checks
• Wrongful dishonor and the return of unpaid checks
• Stop payments
• Embezzlement and fraud resulting from check alteration and forgery
• Conflict of laws involving checks in interstate or international transactions
• Compliance with Regulation CC

In addition, Brady on Bank Checks and Funds Transfers covers a broad range of developments that affect financial institution liability:

• Collection and payment of checks: includes coverage of UCC-related provisions and the Federal Expedited Funds Availability Act/Regulation CC, and the Check 21 Act as related to financial institution liability in the collection process.
• Nonpayment, return, and chargeback of checks: provides coverage of UCC-related provisions and the Federal Expedited Funds Availability Act/Regulation CC involving dishonor, return, and chargeback of checks, and stop payment orders as related to financial institution liability in the process.
• Alteration and forgery of checks: includes coverage of UCC-related provisions that allocate liability among financial institutions for loss resulting from alteration of checks, forgery of checks, forgery of indorsements on checks, and other forms of check fraud.
• Funds transfers: includes coverage of UCC Article 4A, which governs so-called "wholesale wire transfers" of funds as related to financial institution liability when involved with a UCC Article 4A funds transfer.
• Regulation E, including the regulation of overdraft service charges by a bank when the overdraft occurs by a consumer in an electronic funds transfer governed by the Electronic Fund Transfer Act.

To keep up-to-date with all the changes in law that affect bank checks and electronic funds transfers, order Brady on Bank Checks and Funds Transfers today.

Highlights of Our Latest Update Table of Cases Index Preface Table of Contents UCC Citations
Look Inside This Book!*
*Requires Adobe Acrobat Reader

About Richard B. Hagedorn

Richard B. Hagedorn is the Rosalind Van Winkle Melton Professor of Law Emeritus at Willamette University College of Law. After practicing for a number of years, he taught commercial law at the schools of law at the University of Missouri, Kansas City School of Law, Gonzaga University School of Law, and the University of Oregon. He teaches all Uniform Commercial Code subjects, debtor-creditor law, and contracts and has won numerous awards for his teaching excellence. He is also a frequent lecturer on commercial law topics and is a member of the American Law Institute. Professor Hagedorn is the co-author of several leading legal treatises that are core publications in commercial banking law, including Brady on Bank Checks. A widely respected authority on negotiable instrument law, Professor Hagedorn has also co-authored The Law of Debtors and Creditors and authored Secured Transactions in a Nutshell and The Law of Promissory Notes. See all works by Professor Hagedorn