Brady on Bank Checks: The Law of Bank Checks

Author: Henry J. Bailey, III and Richard B. Hagedorn
Frequency: 3 updates annually
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Table of Cases Highlights of Our Latest Update Index Preface Table of Contents UCC Citations
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In the current economic environment, financial institution liability has become a significant concern. It is critical for financial institutions to ensure that they are not left “holding the bag” when payment of a large check goes wrong. Brady on Bank Checks, the leading publication on bank checks, provides easy-to-use information to help you ensure that all your transactions involving bank checks and commercial paper are handled properly under current case law and in compliance with applicable laws and regulations. It specifically addresses financial institution liability in the area of checks.

Brady on Bank Checks provides comprehensive commentary and guidance to bankers and practitioners concerned with the complexities of bank checks, and Articles 3, 4, 4A, and Revised Article 3 under the Uniform Commercial Code. This authoritative treatise addresses the many laws affecting checks and commercial paper, including the issue, transfer, collection, and payment of checks; the return of unpaid checks; electronic funds; 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. Brady on Bank Checks covers all areas related to checks and commercial paper:

General characteristics of checks
Check problems prior to collection or payment
Deposit and collection of checks
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 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 Availabilty 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.

To keep up-to-date with all the changes in law that affect bank checks and commercial paper, order Brady on Bank Checks today. Now also available on CD.

Richard B. Hagedorn

About the Authors

Richard B. Hagedorn is the Rosalind Van Winkle Melton Professor of Law at Willamette University College of Law. He is a widely respected authority on negotiable instrument law and the law of promissory notes. In addition to teaching at Willamette University, Professor Hagedorn has also taught commercial law at the University of Missouri, Kansas City School of Law, Gonzaga University, and the University of Oregon.

Henry J. Bailey, III was Professor of Law Emeritus at Willamette University College of Law. He was a leading expert on banking-related commercial law. He served as an attorney for the Federal Reserve Bank of New York and the American Bankers Association and served as Assistant Vice President of Empire Trust Company.