Clarks’ The Law of Bank Deposits, Collections and Credit Cards

Authors: Barkley Clark, Esq. and Barbara Clark, Esq.

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The rules governing bank deposits and collections are not always clear. Yet strict deadlines force you to make decisions fast—knowing that one wrong move could mean serious legal trouble for your bank.

The Law of Bank Deposits, Collections and Credit Cards—cited by the courts and renowned for its thoroughness, authority, and currency – guides you safely through the maze of today's tough regulations and ever-changing case law. At a glance, you can find all the guidance you need to avoid legal complications for your institution or client involving bank deposits, collections, and credit cards. The authors also provide an in-depth look at important cases—and concrete, workable ideas and guidance on what action you can take to prevent possible problems.

This comprehensive reference does so much more than just report the law—it gives you everything you need to map out a course of action that will help prevent legal complications and help you prevail in court should a lawsuit occur. You'll get answers to all your questions on such issues as:

EFT transfers under Regulation E
Wire transfers under Uniform Commercial Code (UCC) Article 4A and FedWire
Legal and operational problems surrounding bank setoff
The impact of Regulation CC on check kiting cases
How banks can protect themselves against "desktop forgery"
Whether there is a duty to report a suspected kite
How the Revised UCC affects forged indorsement cases
When payment can be stopped on cashier's checks
Compliance problems under Regulation DD (Truth in Savings)
Interstate banking and its impact on collection and payment
Consensual security interests in deposit accounts, under current law and under Revised Article 9 of the UCC
Suggested provisions for your deposit agreement
Bank liability for late return of checks
Bank collection of documentary drafts
How banks can "export" credit card interest rates and other terms
Stored-value products and other new payment systems
Cash management products
Legal pitfalls in garnishment of deposit accounts
Bank liability for depositor wrongdoing

To get the best available guidance on bank deposits and collections, order The Law of Bank Deposits, Collections and Credit Cards today!

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About the Authors

BARKLEY CLARK

Barkley Clark is well known as a national authority on commercial and financial services law. He is a partner in the law firm of Stinson Morrison Hecker LLP. He advises financial institutions and businesses around the country on a variety of UCC and federal banking law issues, including payment systems, secured transactions, and sales. He is listed in Best Lawyers in America. He is a graduate of Amherst College and Harvard Law School. During a teaching career spanning 35 years, he has taught commercial law at the University of Kansas School of Law, Georgetown Law Center, George Washington University, and the University of Virginia School of Law. His publications are relied on by practicing attorneys and bankers throughout the financial services industry and are frequently cited by federal and state courts. He has served as a special adviser to the Federal Reserve Board, the Commissioners on Uniform State Laws, and state legislatures around the country. He has also served as a director of a national bank. He has co-authored (with Barbara Clark) four major treatises in the banking law area—The Law of Bank Deposits, Collections and Credit Cards, The Law of Secured Transactions under the Uniform Commercial Code, and Clarks’ Guide to Electronic Check Collection. He co-edits (with Barbara Clark) two newsletters—Clarks’ Bank Deposits and Payments Monthly and Clarks’ Secured Transactions Monthly. He serves on the Board of Editors of the Journal of Payment Systems Law.

Barbara Clark is a former federal prosecutor and commercial litigator with over 25 years’ experience. She is a partner in the Commercial Law Institute, Greenwood, Virginia. Ms. Clark is a graduate of Hamilton College and the University of Maryland School of Law. She has been a partner in private practice specializing in commercial litigation and has represented financial institutions before federal and state regulators. One of Ms. Clark’s areas of special interest is financial fraud and risk management. She is a co-author (with Barkley Clark) of The Law of Bank Deposits, Collections and Credit Cards, The Law of Secured Transactions Under the UCC, and Clarks’ Guide to Electronic Check Collection. Ms. Clark has also co-authored (with Barkley Clark and Mark Hargrave) Truth in Savings: Legal Analysis and Compliance Strategies, and is a co-editor (with Mr. Clark) of two monthly newsletters—one on secured transactions and the other on bank deposits and payments. She serves on the Board of Editors of the Journal of Payment Systems Law.