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Checks: how a personal or business check clears

· Asset or instrument

Fact, law or dataA rule, statute, definition or measured number.

A written order telling your bank to pay someone from your account; today most checks travel as images, not paper.

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How it works

The payee deposits a check, often by phone photo. Under the 2003 Check 21 Act the bank sends an image, through the Fed or private exchanges, to the payer's bank, which pays or returns it, usually by its 'midnight deadline', the next business day. Regulation CC makes banks release most funds within one or two business days, though a forged check can bounce back weeks later. Writing one is cheap; processing costs businesses a few dollars. The writer can stop payment before it clears.

Why it matters

Checks fell from about 50 billion a year in the mid-1990s to about 11 billion in 2021, yet businesses and tenants still use them, and they remain the most-attacked business payment.

Facts, rules and data

The Federal Reserve Payments Study, UCC Articles 3 and 4, Regulation CC, and Association for Financial Professionals payment-fraud surveys.

Debates and risks

How fast checks will vanish is unclear: a 2025 executive order phased out most federal paper checks, but small businesses and landlords still rely on them.

Inside this (2)

Connections (4)

▸Checks: how a personal or business check clears are governed by Articles 3 and 4 of Uniform Commercial Code rules for checks, wires and LCsFact, law or data

The connection

Article 3 sets who must pay a check and what an endorsement does, and protects a 'holder in due course' who takes one in good faith. Article 4 governs collection: the paying bank must return a bad check by midnight of the next banking day, and losses from forged signatures or endorsements are assigned among customers and banks.

When and why

In every state's commercial code since the 1950s–60s, with a major revision in 1990; federal Regulation CC adds fund-availability and return rules.

How we know

The UCC text and official comments, state enactments such as California Commercial Code Divisions 3 and 4, and many court cases over forged and altered checks.

Debates and risks

How liability should split as check fraud surges; courts and banks disagree on when a customer's careless check handling shifts the loss to the customer.

▸Check 21 Act (2003): check images replace paper replaced paper transport of Checks: how a personal or business check clearsFact, law or data

The connection

Before 2004 a paper check had to travel physically from the bank of deposit to the paying bank, by truck and plane. Check 21 made an image, printed as a 'substitute check', legally equal to the original. Banks began capturing images at deposit and sending them on, cutting clearing time and cost, and later allowing phone deposits.

When and why

Signed October 28, 2003 and effective October 28, 2004; by about 2010 nearly all US checks cleared as images.

How we know

Public Law 108-100, Regulation CC subpart D on substitute checks, and Fed reports to Congress on the shift to image exchange.

Debates and risks

Whether faster image clearing slowed or sped the decline of checks, which fell from about 50 billion a year in the mid-1990s to about 11 billion in 2021.

▸Cashier's checks, certified checks and money orders are prepaid or bank-backed forms of Checks: how a personal or business check clearsFact, law or data

The connection

All are checks or similar instruments under UCC Article 3, but the payer's risk is removed: a cashier's or teller's check is a bank's own obligation, a certified check has funds set aside by the bank, and a money order is prepaid. The payee need not wonder whether the buyer's account has money, only whether the item is genuine.

When and why

Standard at US banks, the Postal Service (money orders since 1864) and transfer firms; used for rent deposits, car purchases and closings.

How we know

UCC Article 3 definitions of cashier's, teller's and certified checks, Regulation CC next-day availability, and Postal Service money order rules.

Debates and risks

Funds available the next day are not the same as a cleared check; many depositors do not know a counterfeit can bounce weeks later.

▸Bills of exchange (drafts) and banker's acceptances are the legal ancestors of Checks: how a personal or business check clearsFact, law or data

The connection

A check is legally a bill of exchange drawn on a bank and payable on demand: the depositor (drawer) orders the bank (drawee) to pay the payee. London goldsmith-bankers adopted the form in the 1600s for local payments, and the rules on endorsement, acceptance and dishonor came straight from centuries of bill law.

When and why

Goldsmith-bankers in 17th-century London; codified in Britain's Bills of Exchange Act 1882 and in Article 3 of the US Uniform Commercial Code.

How we know

The 1882 Act defines a cheque as a bill drawn on a banker payable on demand; UCC 3-104 defines a check as a draft drawn on a bank.

Debates and risks

When the first true check was written is debated; a 1659 London example is the oldest known English one, with earlier Italian and Dutch precedents.