ECCHO Members' Rule 9 Status
”Rule 9” is the common industry term for ECCHO Forged and Counterfeit Warranties in which a Depositary bank warrants to the Paying bank that (i) the signature of the purported drawer is not forged or otherwise unauthorized, and/or (ii) the related physical check is not counterfeit. Rule 9 is only available for electronic checks exchanged under ECCHO Rules by ECCHO members who have agreed to use the Rules, and not opted out of Rule 9.
Forged and counterfeit items are often identified by bank customers after the return deadlines have passed. Rule 9 allows the Paying bank to file a claim to recover from a fraudulent item after the UCC midnight return deadline. Rule 9 shifts responsibility, in some cases, from the Paying bank (as assigned in UCC 4-407 & 4-408) to the depositor when there are sufficient funds in the depositor’s account. The depositor is generally in the best position to have prevented the loss. The loss remains with the Paying bank if there are insufficient funds in the depositor’s account.
All ECCHO Member financial institutions and licensed entity participants are automatically subject to Rule 9 although there is an opt out provision. The opt out decision is an individual bank decision that should be made by carefully weighing the risks against the benefits and under the guidance of your legal team. More: “Rule 9” Warranty and Claims Processes
Disclaimer: Some exchanges may mandate Rule 9 despite opt out. Please check with processor on application of Rule 9 through their exchange. Note: Rule 9 opt outs are on an institution-wide basis. All RTs for an institution are opted out, although only the primary routing number is listed below.
|Member Name||Routing Transit Number||Opt Out Effective Date|
|Canandaigua National Bank and Trust Company||022303659||08/01/2021|
|Citizens National Bank of Texas||111901629||03/01/2018|
|First National Bank of Omaha||104000016||10/01/2014|
|HSBC Bank, USA||021001088||12/01/2006|
|Pacific Western Bank||122238200||09/01/2019|
|The Bank of New York Mellon||021000018||11/01/2012|
|U.S. Bank, NA||042000013||09/01/2007|
|Woodforest National Bank||113008465||11/01/2010|
Institutions Where Opt Out Has Been Rescinded – Now Actively Using Rule 9
||Routing Transit Number||Opt Out Effective Date||Cancellation of Opt Out Effective Date|
|PNC Bank, N.A.||043000096||01/01/2007||08/01/2007|
Opt Out Details
A Financial Institution may opt out of the rule for all exchanges subject to the ECCHO Rules. However, the Financial Institution may not opt out if it is subject to another agreement that makes the rule mandatory (e.g. another clearing house rule).
If your financial institution is Seeking to Opt Out (or cancel opt out):
- The opt out election must be made by an authorized representative that is also an officer of the Financial Institution
- ECCHO Full, Associate or Participating Member – Email request to Stephanie Porter
- ECCHO Sponsored Member – Notify your Sponsoring Organization
- Licensed Entity Participant (SVPCO participant that is not an ECCHO member) – Notify your SVPCO Representative
- When accepted, originating authorized representative will receive a confirmation via email with the opt out effective date (or cancel opt out)