Title 12Banks and BankingRelease 119-73

§5004 Substitute check warranties

Title 12 › Chapter CHAPTER 50— - CHECK TRUNCATION › § 5004

Last updated Apr 6, 2026|Official source

Summary

When a bank transfers, presents, or returns a substitute check and is paid for it, the bank guarantees to the person or bank that gets it (for example, later collecting or returning banks, the depositary bank, the drawee — the bank that must pay, the drawer — the person who wrote the check, the payee, the depositor, and any endorser) — even if they receive a paper or electronic copy instead — two things. First, the substitute check follows the legal-equivalence rules in section 5003(b). Second, no depositary bank, drawee, drawer, or endorser will be asked to pay again on a check they already paid.

Full Legal Text

Title 12, §5004

Banks and Banking — Source: USLM XML via OLRC

A bank that transfers, presents, or returns a substitute check and receives consideration for the check warrants, as a matter of law, to the transferee, any subsequent collecting or returning bank, the depositary bank, the drawee, the drawer, the payee, the depositor, and any endorser (regardless of whether the warrantee receives the substitute check or another paper or electronic form of the substitute check or original check) that—
(1)the substitute check meets all the requirements for legal equivalence under section 5003(b) of this title; and
(2)no depositary bank, drawee, drawer, or endorser will receive presentment or return of the substitute check, the original check, or a copy or other paper or electronic version of the substitute check or original check such that the bank, drawee, drawer, or endorser will be asked to make a payment based on a check that the bank, drawee, drawer, or endorser has already paid.

Legislative History

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Section effective at the end of the 12-month period beginning on Oct. 28, 2003, see section 20 of Pub. L. 108–100, set out as a note under section 5001 of this title.

Reference

Citations & Metadata

Citation

12 U.S.C. § 5004

Title 12Banks and Banking

Last Updated

Apr 6, 2026

Release point: 119-73