2015 national ncp day - eccho · 2015 national ncp day recognition for ncps and ... wilma baer...

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

2 National Check Payments Certification

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


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


http://www.eccho.org/ncpc_current_ncp_dir

http://www.eccho.org/ncpc_current_ncp_dir

http://www.eccho.org/ncpc_cont_edu



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


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


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



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



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



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


Recognition of High Scorer

Congratulations!!!

2015 Class: Luann Doerr, Brunswick State Bank


First NCPs in Each State

Congratulations!!!

• Iowa: Angela Shores, Two Rivers Bank & Trust

• New Hampshire: Michelle Fulmore, St. Mary’s

Bank


States with No NCPs

• Alaska • New Mexico • Rhode Island

Tell your friends and members about this opportunity to be FIRST!


Thanks to Our Partners • EastPay • EPCOR • FNBB • MACHA • NEACH • PaymentsFirst • SFE • The Clearing House • The Payments Authority • UMACHA • WACHA • SWACHA • UBB • WesPay


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


Paul Carrubba, Attorney


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


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


Warranties vs. Indemnities

• What is the difference between a warranty and an indemnity?


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?


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?


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?


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?


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?


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))


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?


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?


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?


Defenses Available to a Bank

• Customer Negligence

• Fictitious Payee

• Employer Endorsement Responsibility

• Ratification


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


mailto:[email protected]

2015 national ncp day - eccho · 2015 national ncp day recognition for ncps and ... wilma baer...

Documents