2020-01-01
Retail Payments Jamaica Limited issues these rules to govern the clearing, settlement, and operational standards for paper payment items processed through Jamaica’s Automated Clearing House. The document mandates compliance for all licensed deposit-taking institutions by detailing acceptable item criteria, MICR encoding standards, endorsement requirements, and procedures for handling returns, disputes, and arbitration. It synchronizes bank customer hold periods to a three-day recourse window, establishes penalty schedules for non-compliance, and outlines physical exchange protocols and foreign currency settlement mechanisms for member banks.
Retail Payments Jamaica Limited Automated Clearing House (ACH) Rules Section A – Paper Items Retail Payments Jamaica Limited July 2020
Retail Payments Jamaica Limited Automated Clearing House (ACH) Rules Section A – Paper Items Table of Contents Retail Payments Jamaica Limited Page i A.1 Glossary of Terms........................................................................................................................ 2 A.2 General Rules ............................................................................................................................... 7 A.2.1 Items Acceptable for Clearing.................................................................................................... 7 A.2.1.1 Introduction 7 A.2.1.2 Criteria for Clearing Items 7 A.2.1.3 ACH Threshold 7 A.2.1.4 Approved Classes of Clearing Items 7 A.2.1.5 Items Eligible for Clearing 7 A.2.2 Disqualifying Conditions ............................................................................................................ 8 A.2.2.1 Items in Dispute 8 A.2.2.2 Post-Dated Items 8 A.2.2.3 Month-Dated Items 8 A.2.2.4 Conditional Statements 8 A.2.2.5 Protest or Notice of Dishonour 8 A.2.3 Procedures For Jamaica Dollar Paper Items Acceptable For Clearing ................................. 8 A.2.3.1 Introduction 8 A.2.3.2 MICR Encoding 8 A.2.3.3 Responsibility for Encoding and Encoding Errors 8 A.2.3.4 Correction of Encoding Errors 9 A.2.3.5 Segregation into Streams 9 A.2.3.6 Exchange of Items 9 A.2.4 Microfilming .................................................................................................................................. 9 A.2.5 Unqualified Items ....................................................................................................................... 10 A.2.6 Payment of Penalties ................................................................................................................. 10 A.3 Endorsement of Paper Items.....................................................................................................11 A.3.1 Introduction................................................................................................................................. 11 A.3.2 “Requirement to Endorse” ........................................................................................................ 11 A.3.3 “Guarantee of Endorsement”.................................................................................................... 11 A.3.4 Paper Pre-Authorized Debits..................................................................................................... 11 A.3.5 Forms of Endorsement.............................................................................................................. 11 A.3.6 Reader/Sorter.............................................................................................................................. 11 A.3.7 Placement of Endorsements..................................................................................................... 11 A.4 Returned and Redirected Items ................................................................................................12 A.4.1 Introduction................................................................................................................................. 12 A.4.2 Scope........................................................................................................................................... 12 A.4.3 Reason for Return ...................................................................................................................... 12 A.4.4 Difference in Words and Figures.............................................................................................. 12
Retail Payments Jamaica Limited Automated Clearing House (ACH) Rules Section A – Paper Items Table of Contents Retail Payments Jamaica Limited Page ii A.4.5 Certification before Clearing..................................................................................................... 12 A.4.6 Recall of Item Previously Returned.......................................................................................... 12 A.4.7 Time Limitation for Return ........................................................................................................ 13 A.4.8 Return for Forged Endorsement............................................................................................... 13 A.4.9 Duplicate Items........................................................................................................................... 13 A.4.10 Redirected Items ........................................................................................................................ 13 A.4.11 Re-Cleared Items ........................................................................................................................ 13 A.4.12 Rights of Drawee Institution...................................................................................................... 13 A.4.13 Claims against Drawee .............................................................................................................. 14 A.4.14 Methods of Return...................................................................................................................... 14 A.4.15 Errors in Envelopes ................................................................................................................... 14 A.4.16 Routing of a Returned Item ....................................................................................................... 15 A.4.17 Item Requiring Enfacement....................................................................................................... 15 A.4.18 Items Requiring "Payment Stopped" Enfacement.................................................................. 15 A.4.19 Item Returned without Enfacement.......................................................................................... 15 A.4.20 Items with Incomplete/Missing Endorsements ....................................................................... 15 A.4.21 Misdirected Items ....................................................................................................................... 15 A.4.22 Items Cleared in the Wrong Currency...................................................................................... 15 A.4.23 Item Incorrectly Amount Encoded............................................................................................ 16 A.4.24 Stale Dated Items ....................................................................................................................... 16 A.4.25 Appendices ................................................................................................................................. 16 A.5 Items in Dispute............................................................................................................................17 A.5.1 Introduction................................................................................................................................. 17 A.5.2 Notice........................................................................................................................................... 17 A.5.3 Item in Dispute............................................................................................................................ 17 A.5.4 Acknowledgement...................................................................................................................... 17 A.5.5 Failure to Resolve ...................................................................................................................... 17 A.5.6 Arbitration ................................................................................................................................... 17 A.5.7 Interest......................................................................................................................................... 17 A.6 Arbitration ...................................................................................................................................18 A.6.1 Definitions................................................................................................................................... 18 A.6.2 Introduction................................................................................................................................. 18 A.6.3 Indemnification of Arbitration Panel ........................................................................................ 18 A.6.4 Procedure.................................................................................................................................... 19 A.6.5 Arbitration Panel......................................................................................................................... 20 A.6.6 Conflicting Information and Assistance .................................................................................. 20 A.6.7 Award........................................................................................................................................... 20
Retail Payments Jamaica Limited Automated Clearing House (ACH) Rules Section A – Paper Items Table of Contents Retail Payments Jamaica Limited Page iii A.6.8 Order to Pay................................................................................................................................ 20 A.6.9 Costs of Arbitration.................................................................................................................... 20 A.6.10 Time of Award............................................................................................................................. 20 A.6.11 Severability ................................................................................................................................. 20 A.6.12 Award Forming Precedent......................................................................................................... 21 A.6.13 Appeal.......................................................................................................................................... 21 A.6.14 Effect on Other Obligations....................................................................................................... 21 A.7 Inter-Member Interest Claims....................................................................................................22 A.7.1 Introduction................................................................................................................................. 22 A.7.2 Interest Calculations .................................................................................................................. 22 A.7.3 Period .......................................................................................................................................... 22 A.7.4 Amount of Claim......................................................................................................................... 22 A.7.5 Notice of Claim ........................................................................................................................... 22 A.8 Clearing of Foreign Items ..........................................................................................................23 A.8.1 Eligible Items .............................................................................................................................. 23 A.8.2 Exchange of Items...................................................................................................................... 23 A.8.3 Settlement of Net Claims of Foreign Currency ....................................................................... 23 A.8.4 Identification of ODFI*................................................................................................................ 23 A.8.5 Responsibility for the Accuracy of Item Lists ......................................................................... 23 A.8.6 Free Items.................................................................................................................................... 23 A.8.7 Reasons for Return .................................................................................................................... 24 A.8.8 Direct Presentation .................................................................................................................... 24 A.8.9 Endorsement of Items................................................................................................................ 24 A.8.10 Indemnities of the Collecting payment institution.................................................................. 24 A.8.11 Reporting to the Central Bank .................................................................................................. 24 A.9 Extension of Recourse ..............................................................................................................25 A.9.1 Introduction................................................................................................................................. 25 A.9.2 Request for Extension of Recourse ......................................................................................... 25 A.10 Extended Processing Hours .....................................................................................................26 A.10.1 Introduction................................................................................................................................. 26 A.10.2 Schedule for Extended Processing Hours .............................................................................. 26 A.10.3 Extension Period ........................................................................................................................ 26 A.11 Physical Exchange Of Clearing Items......................................................................................27 A.11.1 Right of Participation ................................................................................................................. 27 A.11.2 Responsibilities of the Superintendent ................................................................................... 27 A.11.3 Exchange of Items...................................................................................................................... 27 A.11.4 Representatives.......................................................................................................................... 27
Retail Payments Jamaica Limited Automated Clearing House (ACH) Rules Section A – Paper Items Table of Contents Retail Payments Jamaica Limited Page iv A.11.5 Notification of Appointment of an Agent in the event of the Member’s Non-Attendance .. 27 A.11.6 Non-Attendance without notice of appointment of an agent................................................. 28 A.11.7 Late Arrival.................................................................................................................................. 28 A.11.8 Fees ............................................................................................................................................. 28 A.11.9 Identification of ODFI ................................................................................................................. 28 A.11.10 Summary of Items Presented.................................................................................................... 28 A.11.11 Receipt of Instruments .............................................................................................................. 29 A.11.12 Settlement of Balances.............................................................................................................. 29 A.11.13 Confirmation of Items Received ............................................................................................... 29 A.11.14 Free Items.................................................................................................................................... 29 A.11.15 Confirmation of the Clearing Settlements ............................................................................... 29 A.11.16 Lost or Destroyed Items ............................................................................................................ 29 A.11.17 Returns ........................................................................................................................................ 29 A.11.18 Direct Presentation .................................................................................................................... 29 A.11.19 Branches Notification ................................................................................................................ 30 A.11.20 Endorsements............................................................................................................................. 30 A.11.21 MICR Encoding........................................................................................................................... 30 A.12 Amendments to the Rules ........................................................................................................31 A.12.1 Composition of the Rules Committee ..................................................................................... 31 A.12.2 Responsibility of the Rules Committee................................................................................... 31 A.12.3 Procedures for Amendment of the Rules ............................................................................... 31 A.12.4 Temporary Adoption, Suspension of Implementation Date.................................................. 31 Appendix A.1 Design for Manual Endorsement Stamp..................................................................................... I Appendix A.2 Placement of Endorsements and Locator Numbers on Clearing Items................................ III Appendix A.2.1 Introduction ................................................................................................................................. III Appendix A.2.2 Endorsement Zones ................................................................................................................... III Appendix A.2.3 Negotiating Branch/Customer................................................................................................... III Appendix A.2.4 MICR Reader/Sorters ..................................................................................................................IV Appendix A.2.5 Proof Machines ...........................................................................................................................IV Appendix A.2.6 Ink Colour ....................................................................................................................................IV Appendix A.3 Procedures and Guidelines for Returned Item Carrier Envelopes .........................................V Appendix A.3.1 Introduction ..................................................................................................................................V Appendix A.3.2 References....................................................................................................................................V Appendix A.3.3 Scope ............................................................................................................................................V Appendix A.3.4 Preamble.......................................................................................................................................V Appendix A.3.5 Characteristics .............................................................................................................................V Appendix A.3.6 Construction................................................................................................................................VI
Retail Payments Jamaica Limited Automated Clearing House (ACH) Rules Section A – Paper Items Table of Contents Retail Payments Jamaica Limited Page v Appendix A.4 Declaration Form – Declaration that the Endorsement of a Payment Item is a Forgery .... VIII Appendix A.5 Notice of Reference to Arbitration .............................................................................................IX Appendix A.6 Response to Notice of Reference to Arbitration ........................................................................ X Appendix A.7 Schedule of Penalties and Fines ................................................................................................XI Attachment A.1. ..................................................................................................................................................... a Attachment A.2. ....................................................................................................................................................... b Attachment A.3. ....................................................................................................................................................... c Attachment A.4. Recommended Design For Return Item Carrier Envelopes .................................................. d Attachment A.5. Recommended Design for Returned Item Carrier Envelope for Use With Automated Bulk Return Equipment .................................................................................................................................................... e The Retail Payments Jamaica Limited (Company) acknowledges the National Automated Clearing House Association ACH Rules as a source and guiding document for the JCBA Automated Clearing House Rules.
Retail Payments Jamaica Limited Automated Clearing House (ACH) Rules Section A – Paper Items Introduction Retail Payments Jamaica Limited Page 1 THE AUTOMATED CLEARING HOUSE The Automated Clearing House (ACH) has been established to facilitate the electronic clearing of payment items among deposit taking institutions licensed under the Banking Services Act (BSA) and operating in Jamaica on behalf of their customers. Settlement continues to take place on the books of Bank of Jamaica.
The ACH currently processes cheques, direct debits and direct deposits. New instruments and new clearing processes such as cheque truncation which can eliminate physical presentation and speed up clearing and settlement, digital imaging, using cheques as the source of information to create an electronic payment at point of sale or point of deposit and electronic payment products will be added later. Initially, the hold period for all banks was reduced and synchronized with a three-day recourse period. As a result, bank customers now receive ‘good’ funds within three (3) business days of a cheque deposit instead of the previous five (5) to seven (7) days. The utilisation of the ACH in no way impinges upon, nor alters, the relationship between deposit taking institutions licensed under the BSA and their customers. RULES AND STANDARDS These Rules are the product of the deliberations of the Rules Committee, which comprises representatives from Retail Payments Jamaica Limited (Company). The Rules are divided into two main sections. Sections A and E govern paper items and electronic entries respectively. The Rules apply to all items, entries and entry data transmitted through the ACH and shall be construed in accordance with, and governed by, the laws of Jamaica. The deposit taking institutions under the BSA are required and are expected to understand and comply fully with these Rules. It is envisaged that these Rules will be reviewed by the Rules Committee at least annually and revised where necessary in accordance with the Procedures for Amending the Rules as prescribed herein. In these Rules the singular includes the plural and vice versa, masculine includes feminine and vice versa. Headings and sub-headings are guides to reading but not aids to construction. The cardinal rule of construction of documents applies. Accordingly, these Rules should be construed so as to make them meaningful and not produce an absurdity.
2002 (Revised 2020) Retail Payments Jamaica Limited Automated Clearing House (ACH) Rules Section A – Paper Items Rule A1 - Glossary of Terms Retail Payments Jamaica Limited Page 2 A.1 Glossary of Terms Description A “ACH” “ACH” is the Automated Clearing House, a central clearing facility to or from which Members transmit or receive payment instructions. “ACH Operator” “APL” “ACH Operator” is the company that operates the ACH in accordance with the ACH rules. “APL” means “Automated Payments Limited” B "Bank" “Bank” means a deposit taking institution licensed under the Banking Services Act. "Bank Draft" “Bank Draft” means an unconditional payment instrument drawn by a Bank against its own account; "Bill of Exchange" "Bill of Exchange" has the meaning ascribed in the Bills of Exchange Act and shall carry such meaning as ascribed in that act as amended from time to time. “BOJ” “BOJ” is Bank of Jamaica which established by Bank of Jamaica Act "Branch" "Branch" has the meaning ascribed in the Banking Services Act and shall carry such meaning as ascribed in that Act as amended from time to time. "Branch Number" "Branch Number" means a five-digit number (including leading zeros) designated by the Financial Institution to identify a Branch. “Business Day” "Business Day" means a calendar day other than i) Saturday, ii) Sunday; and iii) public general holiday. "By-Law" "By-law" means a By-law of the Company. C “Certified Item” "Certified Item" means an Item on the face of which the Drawee has written or stamped the words "accepted" or "certified" or any other word or words to that effect. "Cheque" "Cheque" has the meaning ascribed in the Bills of Exchange Act and shall carry such meaning as ascribed in that Act as amended from time to time. As at the date of this rule, it is a Bill of Exchange drawn on a bank payable on demand. "Cheque Clearing Log" "Cheque Clearing Log" means a file, electronic or otherwise, recapping Payment Items exchanged between Direct Clearers.
2002 (Revised 2020) Retail Payments Jamaica Limited Automated Clearing House (ACH) Rules Section A – Paper Items Rule A1 - Glossary of Terms Retail Payments Jamaica Limited Page 3 A.1 Glossary of Terms Description "Clearing" "Clearing" means the process of exchange of approved items/data and the calculation and reconciliation of the net amounts due to or by Members prior to settlement “Company” means Retail Payments Jamaica Limited. "Data Centre" means the organizational unit designated by a Drawee to which its Items are directed. "Direct Clearer" means a Member of the Company who maintains a settlement account at the Bank of Jamaica. “Direct Presentation” is the direct delivery of an item to the Drawee Bank at its head office or at the branch on which the item is drawn and for which immediate value is received. "Drawee" means the Member or other institution to which a Payment Item is addressed, and which is directed to pay the amount of money therein mentioned. “Drawer” is a person, individual or corporate, that originates and issues an order directing the payment of an amount by way of a Payment Item. "Endorsement" means (a) a signature made by a holder of an Item on the Item when negotiating (transferring) it to another person, or (b) the stamp placed by a Bank on an Item for the purpose of clearing the Item. “Financial Institution” means a Member. “Foreign Currency” is U.S. Dollar, Canadian Dollar, Great Britain Pound, and EURO “Company" D “Data Centre” "Direct Clearer" “Direct Presentation” "Drawee" “Drawer” E "Endorsement" F “Financial Institution” “Foreign Currency” "Foreign Currency Item" "Foreign Currency Item" is an instrument exchanged in the Foreign Currency Exchange clearings and shall include the following Items as well as other such Items as agreed by the Members from time to time. (a) Drafts/cheques drawn by Members on overseas correspondents.
2002 (Revised 2020) Retail Payments Jamaica Limited Automated Clearing House (ACH) Rules Section A – Paper Items Rule A1 - Glossary of Terms Retail Payments Jamaica Limited Page 4 A.1 Glossary of Terms Description (b) Drafts/cheques drawn by local account holders on Members in foreign currencies. (c) Drafts/cheques drawn by overseas banks on Members in foreign currency. (d) Foreign currency cheques drawn on “Payable Through” accounts maintained with overseas correspondents by Members. “Item" means a Payment Item. “Item in Dispute" means a Returned Item that is a dishonoured Payment Item that a Negotiating Bank believes was not returned in accordance with Rule A4. “Manager’s Cheque” means a Payment Item issued by a Member and drawn on itself for the purpose of ordering a payment to be made to a payee. "Member" means any Member of Retail Payments Jamaica Limited which is licensed under the Banking Services Act. “Member Number” means a three digit number allocated by BOJ that may be utilized for MICR encoding on cheques and other paper Items drawn on a Member. "MICR" (magnetic ink character recognition) means the machine recognition of characters printed with ink containing particles of a magnetic material. "MICR Encoding" means the application of magnetic ink characters to a Payment Item. “Misdirected Item" means an Item or a carrier envelope, which is received by a Bank but not drawn on it; i.e. a wrongly delivered item. "Money Order" means a Payment Item issued by a Member and drawn on itself for the purpose of ordering a payment to be made to a payee. The Purchaser generally completes the Payee details of a Money Order. “Originating DFI” means the Member that presented the Item for payment through the Clearing. I “Item" “Item in Dispute" M “Manager’s Cheque” "Member" “Member Number” "MICR" "MICR Encoding" “Misdirected Item” "Money Order" O “Originating DFI" P
2002 (Revised 2020) Retail Payments Jamaica Limited Automated Clearing House (ACH) Rules Section A – Paper Items Rule A1 - Glossary of Terms Retail Payments Jamaica Limited Page 5 A.1 Glossary of Terms Description “Participating DFI” “Payee” "Payment Item" “Point-of-Entry Office” “Postal Money Order” “Post Dated Item” "Pre-Authorized Debit (PAD)" Q "Qualified Item" R “Recourse Period” “Redirected Item” "Remittance" "Returned Item" “Participating DFI” is a Member that is sending or receiving items through the clearing. “Payee” is the beneficiary named by the Drawer on the Payment Item. "Payment Item" means any approved clearing item as provided under Rules A.2.1.3, A.2.1.4 and A.9.1. “Point-of-Entry Office” means a Branch, Data Centre, international centre or division of a Direct Clearer which receives cheques on deposit in Jamaican or U.S. funds or such other currency agreed by the Members from time to time from foreign correspondents. “Postal Money Order” means a Payment Item issued by and drawn on postal authorities for the purpose of ordering a payment to be made to a payee. A “Post-Dated Item” is one charged to, or settled by, the Paying Bank on a date sooner than the date of the Item. "Pre-Authorized Debit (PAD)" means a debit in paper, electronic, or other form, drawn on a specific account of a Drawer at a Member, initiated by the payee subject to the payer's authorization. "Qualified Item" means an Item which meets the international standards and specifications and is MICR encoded at least as to Transit Number, account number and amount. “Recourse Period” means the period within which, the RDFI must return a negotiated item to the ODFI that is within 3 business days to exclude Saturday, Sunday, and general public Holidays, day one being the day of negotiation. "Redirected Item" means an Item that is re-routed for the reason that an account has been transferred to another Branch within the same financial institution "Remittance" means the portion of an Invoice that conforms to Part I of Rule A.2.1.3 (a), or the electronic data that is submitted to the Drawer’s RDFI by the Drawer along with payment, and which itself becomes a credit item representing value when subsequently entered into the Clearing by the Drawer’s RDFI. “Returned Item" means a Payment Item received by the Drawee and subsequently returned unpaid through the Clearing.
2002 (Revised 2020) Retail Payments Jamaica Limited Automated Clearing House (ACH) Rules Section A – Paper Items Rule A1 - Glossary of Terms Retail Payments Jamaica Limited Page 6 A.1 Glossary of Terms Description “Returned Item Carrier Envelope” S “Settlement” "Settlement Voucher" T “Transit Number” U "Unqualified Item" "Returned Item Carrier Envelope" means a transparent window envelope in which a Returned Item is enclosed for processing through the Clearing. “Settlement” means the exchange of monetary value between Financial Institutions. "Settlement Voucher" means a Payment Item issued by and drawn on a Member for the purpose of transferring funds to another Member. “Transit Number” is the combination of Member Number and the Branch number. "Unqualified Item" means an Item which does not meet international standards and specifications for a Qualified Item.
2002 (Revised 2020) Retail Payments Jamaica Limited Automated Clearing House (ACH) Rules Section A – Paper Items Rule A2 – General Rules Retail Payments Jamaica Limited Page 7 A.2 General Rules A.2.1 Items Acceptable for Clearing A.2.1.1 Introduction This Rule outlines the general requirements with respect to Items acceptable for Clearing. A.2.1.2 Criteria for Clearing Items Only Payment Items specified in the Rules may be exchanged through the Clearing. Payment Items exchanged through the Clearing shall be payable on demand or otherwise conform to the Rules as to value date, be drawn on or payable through a Member and be endorsed or guaranteed as specified in the Rules. A.2.1.3 ACH Threshold A value threshold may be imposed from time to time on items exchanged through the Clearing. Items equal to and above the threshold may be subject to charges. A.2.1.4 Approved Classes of Clearing Items The following classes of Items are approved for Clearing Paper based Payment Items including Cheques, Drafts, Settlement Vouchers, Money Orders, Manager’s Cheques, Remittances, and any other paper-based Payment Items specified in the Rules; Payment Items recorded on magnetic media or compact disk and capable of being reproduced in alphanumeric characters on paper, microfilm or other permanent storage medium; and Payment Items transmitted in any other electronic message medium capable of being reproduced in alphanumeric characters by both the sending and receiving institutions on paper, microfilm or other permanent storage medium. A.2.1.5 Items Eligible for Clearing The following Items are specified as eligible for Clearing
2002 (Revised 2020) Retail Payments Jamaica Limited Automated Clearing House (ACH) Rules Section A – Paper Items Rule A2 – General Rules Retail Payments Jamaica Limited Page 8 A.2.2 Disqualifying Conditions A.2.2.1 Items in Dispute No Item in Dispute (as described in Rule A5) shall be re-introduced into the Clearing. A.2.2.2 Post-Dated Items No Item that is post-dated shall be introduced into the Clearing. A.2.2.3 Month-Dated Items An Item not bearing the day of the month shall not be introduced into the Clearing prior to the first business day of the month indicated on the Item. A.2.2.4 Conditional Statements Where an Item bears a conditional statement, on its face or on the reverse, such condition shall be binding on ODFI. For the purpose of this subsection, conditional statements include, but is not limited to: I. "Void if over [a certain amount]" II. "Item expires on [a certain date]” III. "Not valid after [a certain date]" IV. "Not valid if presented for payment after X days following date on the cheque” A.2.2.5 Protest or Notice of Dishonour No Item which bears a direction requiring protest or notice of dishonour shall be introduced into the Clearing. A.2.3 Procedures For Jamaica Dollar Paper Items Acceptable For Clearing A.2.3.1 Introduction Each Member shall exercise reasonable effort to reduce to a minimum the number of Unqualified Items in the Clearing. For purposes of direct presentation, Members of the ACH are required to formally advise the members of the Company of their principal office, head office or representative office and of changes to the location of these offices. A.2.3.2 MICR Encoding All machine-processable Items shall be MICR encoded as to amount prior to exchange. Where outgoing clearing Items are all-field rejected (exclusive of the amount field) by automated processing equipment, delivering Direct Clearers may repair the Item. A.2.3.3 Responsibility for Encoding and Encoding Errors (a) Each ODFI shall, prior to presentation, enter in magnetic ink on the face of an Item the amount for which it is drawn, so that this information may be read by a computer. (b) In the event of an error in the making of this entry, the ODFI making the erroneous entry shall indemnify and hold harmless the RDFI to the extent of the difference between the encoded amount entered on the face of the Item and the actual value of the Item, plus any interest income foregone or interest expense charged as a consequence of the error, from the date the instrument was debited
2002 (Revised 2020) Retail Payments Jamaica Limited Automated Clearing House (ACH) Rules Section A – Paper Items Rule A2 – General Rules Retail Payments Jamaica Limited Page 9 to the drawer’s account to the date of the settlement of the claim in accordance with the provisions of Rule A7. Any such Item should be settled by direct claim on the ODFI making the erroneous entry and the claim must be made within twelve (12) months of the date of the erroneous entry. If the ODFI encodes a lesser amount than the actual value the issue of compensation does not arise. A.2.3.4 Correction of Encoding Errors All MICR errors identified during processing shall be corrected before the Item is exchanged. An incorrect bundle listing shall be adjusted in such a way that the corrected Item and the adjustment are clearly identified prior to delivery. A.2.3.5 Segregation into Streams Payment Items shall be prepared and segregated for each Direct Clearer according to the following streams. a) Encoded (Qualified Items). b) Unqualified. This stream includes paper Items, not suitable for processing on a MICR reader/sorter, particularly, (i.) Items without institution number Encoding or with obvious changes to the bank or branch code; (ii.) mutilated Items, particularly where the bottom or right-hand edges are torn or undecipherable. (iii.) unqualified returned and redirected Items; (iv.) adjusting entries. (v.) Computer rejects. A.2.3.6 Exchange of Items
2002 (Revised 2020) Retail Payments Jamaica Limited Automated Clearing House (ACH) Rules Section A – Paper Items Rule A2 – General Rules Retail Payments Jamaica Limited Page 10 A.2.5 Unqualified Items1 ODFI must make every effort to process items electronically. Unqualified items must not exceed 1%, or such lesser threshold agreed by the Members from time to time, of the total items processed. Where a Member’s unqualified items in any given month exceeds the agreed threshold, the excess will attract a penalty determined as the lesser of: a) $50 000 for each 25 basis point or part thereof above the agreed threshold or b) $250 per item for each item in excess of the 1% threshold. A.2.6 Payment of Penalties2 Penalties due to the Company shall be credited to the account of the Company maintained at Bank of Jamaica. 1 Effective April 1, 2005 2 Effective April 1, 2005
2002 (Revised 2020) Retail Payments Jamaica Limited Automated Clearing House (ACH) Rules Section A – Paper Items Rule A3 – Endorsement of Paper Items Retail Payments Jamaica Limited Page 11 A.3 Endorsement of Paper Items A.3.1 Introduction This Rule outlines procedures for the Endorsement of paper Payment Items acceptable for Clearing. A.3.2 “Requirement to Endorse” Each Member which is party to the Clearing of an Item, beginning with the ODFI and ending with the Drawee, shall endorse or otherwise place an identifying mark on the Item to facilitate tracing. A payee's endorsement is not a "necessary endorsement" where a cheque is deposited to the credit of a person's account and that person is the same person as the named and intended payee on the cheque. Items made payable to cash must be endorsed by the drawer. A.3.3 “Guarantee of Endorsement” Each paper Item delivered through the Clearing shall bear the endorsement of the delivering Direct Clearer. Such Endorsement shall be deemed to guarantee the genuineness of all endorsements or lack of endorsement regardless of amount. The ODFI hereby indemnifies the paying Institution against any claims that may arise with respect thereto, subject to the conditions that the guarantee implied by the crossing stamp shall be for a period of six years from the date of payment of the cheque and all claims must be made on the ODFI within that period. The item must not be returned through the Clearing after the normal recourse period has expired. A.3.4 Paper Pre-Authorized Debits Each paper Pre-Authorized Debit shall bear a pre-printed Endorsement of both the payee and the ODFI. Where no date of negotiation appears as part of this Endorsement, the date of issue shall be deemed to be the date of negotiation. A.3.5 Forms of Endorsement Endorsements, mechanical or otherwise must include the following: (i.) Member name and Branch domicile; (ii.) Date; and (iii.) Teller Number or unique reference number. A.3.6 Reader/Sorter Where a reader/sorter is equipped to supply an Endorsement, this feature shall be utilized in respect of Items passing through the reader/sorter. A.3.7 Placement of Endorsements Guidelines for the placement of Endorsements are outlined in Appendices A1 and A2 which shall be deemed to form part of this Rule. Note: Bank Stamp to be affixed to documents (Appendices A1 and A2).
Retail Payments Jamaica Limited Automated Clearing House (ACH) Rules Section A – Paper Items Rule A4 – Returned and Redirected Items Retail Payments Jamaica Limited Page 12 A.4 Returned and Redirected Items A.4.1 Introduction This Rule outlines procedures, timeframes and responsibilities whenever an item is exchanged through the Clearing for payment and payment is refused or cannot be obtained and where the Drawee returns or redirects the item through the Clearing. Nothing in this Rule precludes a Drawee or an ODFI from exercising its rights and seeking recourse outside of the Clearing. Before taking such action however, the Drawee must exercise the options available under Rule A5 and/or Rule A6. A.4.2 Scope The procedures, timeframes and responsibilities set out in this Rule shall:
Retail Payments Jamaica Limited Automated Clearing House (ACH) Rules Section A – Paper Items Rule A4 – Returned and Redirected Items Retail Payments Jamaica Limited Page 13 A.4.7 Time Limitation for Return
Retail Payments Jamaica Limited Automated Clearing House (ACH) Rules Section A – Paper Items Rule A4 – Returned and Redirected Items Retail Payments Jamaica Limited Page 14 A.4.13 Claims against Drawee Where the ODFI considers that the Drawee did not return an Item in accordance with sections A.4.7 or A.4.8, it may declare the Item to be in dispute pursuant to Rule A5 and require the Drawee to reimburse it for: a) the amount of the Item; and b) Interest calculated in accordance with Rule A7. A.4.14 Methods of Return Each Item shall be returned according to the following method: Returned Item Carrier Envelope: An Item may be inserted in a Returned Item Carrier Envelope which conforms to Appendix A.3.6 and returned in the following manner: (a) Only one Item shall be enclosed in the Returned Item Carrier Envelope; (b) The Item shall be enclosed so that the face of the Item will show and be captured during imaging/microfilming operations; (c) The following information shall be indicated on a Returned Item Carrier Envelope:
Retail Payments Jamaica Limited Automated Clearing House (ACH) Rules Section A – Paper Items Rule A4 – Returned and Redirected Items Retail Payments Jamaica Limited Page 15 A.4.16 Routing of a Returned Item Returned Items shall be routed in the following manner:
Retail Payments Jamaica Limited Automated Clearing House (ACH) Rules Section A – Paper Items Rule A4 – Returned and Redirected Items Retail Payments Jamaica Limited Page 16 A.4.23 Item Incorrectly Amount Encoded An Item is deemed to be incorrectly amount encoded when the MICR encoded amount differs from the amount written in figures on the face of the Item.
2002 (Revised 2020) Retail Payments Jamaica Limited Automated Clearing House (ACH) Rules Section A – Paper Items Rule A5 – Items in Dispute Retail Payments Jamaica Limited Page 17 A.5 Items in Dispute A.5.1 Introduction This Rule, without prejudice to Members’ rights under Rule A6, outlines the procedures by which an ODFI may place an Item in dispute, and the means by which the dispute can be resolved. A.5.2 Notice An ODFI that disputes a Returned Item shall give notice in writing to the Drawee within 15 calendar days following receipt of the Returned Item. The notice shall state the reason for the dispute. Where such notice is given in accordance with this rule the parties to the dispute shall proceed to achieve resolution under this rule before proceeding to Arbitration unless otherwise agreed. A.5.3 Item in Dispute The Item in Dispute shall not be cleared back to the Drawee Bank but shall be held by the ODFI pending resolution of the dispute. A.5.4 Acknowledgement The Drawee Bank shall acknowledge in writing the notice of dispute within five Business Days of its receipt. A.5.5 Failure to Resolve Where the dispute cannot be resolved between the ODFI and RDFI institutions, it may be referred to the Rules Committee for a determination of whether the rules have been correctly followed. A.5.6 Arbitration Where the foregoing procedures do not resolve the dispute, the parties may proceed to Arbitration pursuant to Rule A6. A.5.7 Interest A claim for loss of interest on float shall be calculated pursuant to Rule A7, except that interest shall be calculated from the date of return of the item.
2002 (Revised 2020) Retail Payments Jamaica Limited Automated Clearing House (ACH) Rules Section A – Paper Items Rule A6 – Arbitration Retail Payments Jamaica Limited Page 18 A.6 Arbitration A.6.1 Definitions In this Rule the following words shall have the following meanings. All other words shall have the meanings otherwise ascribed to them in the Glossary of Terms at Rule A1 unless the context herein otherwise provides. “Act” “Arbitration” “Act” means the Arbitration Act. “Arbitration” has the same meaning ascribed to in the Act. “Arbitration Panel” An “Arbitration Panel” may be constituted to rule on and settle disputes arising under these rules between Participating DFIs. “Arbitration Panel” means two natural persons technically knowledgeable in the matter in dispute and the Claimant and the Respondent shall each appoint one arbitrator. The panel shall include an umpire selected by the two Arbitrators so appointed. No person appointed as an Arbitrator shall be an employee or an officer or the spouse of an employee or officer of a Member nor a pensioner or the spouse or widow/widower of a pensioner nor shall an Arbitrator be interested in any matter in dispute. “Award” “Award” means the written decision of the Arbitration Panel indicating its final determination of any dispute including its final decision on any aspect of a dispute. “Claimant(s)” “Claimant(s)” means the Member(s) alleging loss or damage (not being by way of counterclaim) or requesting the determination of any question under a reference to Arbitration in accordance with this Rule. “Dispute” “Dispute“ shall include questions relating to the interpretation of any contract or written agreement between the parties including as to the existence of such contract or agreement in relation to clearing or settlement of payment items. “Reference to Arbitration” “Reference to Arbitration” means the commencement of Arbitration proceedings as provided in this Rule. Any use of the word “reference” shall have the meaning consistent with the meaning herein. “Respondent” “Respondent(s)” shall mean the member(s) named by the Claimant as the opposing party to a dispute or a member that may otherwise be adversely affected by an Award made in favour of the claimant. “This Rule” “This Rule” shall mean Rule A6. A.6.2 Introduction This Rule outlines the procedures whereby questions and/or disputes between Members and which arise out of or touch and concern the Agreement between the Members relating to the clearing and settlement of payment items shall be referred to Arbitration and unless the context herein otherwise permits the Act shall apply. This rule applies equally to disputes involving paper as well as electronic items. A.6.3 Indemnification of Arbitration Panel Where they can be deemed to be acting in good faith the Members of the Arbitration Panel shall have no liability whatsoever, whether for acts or omissions or with respect to any other matter, arising directly under an Arbitration. The parties to the Arbitration expressly agree to this and further expressly hereby agree to indemnify the parties to the dispute of the Arbitration Panel and each of them and save each of them harmless from any and all claims, which could arise in connection therewith.
2002 (Revised 2020) Retail Payments Jamaica Limited Automated Clearing House (ACH) Rules Section A – Paper Items Rule A6 – Arbitration Retail Payments Jamaica Limited Page 19 A.6.4 Procedure Subject to the requirement that the Arbitration process be fair and efficient and that all relevant information be properly considered, Arbitration proceedings shall follow the procedures as set out hereunder. Arbitration proceedings are deemed to have commenced on the date when either: a) A Claimant serves a Notice of Reference to Arbitration upon a Respondent(s) in the form of Appendix A or, b) The parties to any dispute have jointly signed a reference indicating their intention that the dispute be referred to Arbitration in accordance with the submission between the parties. A Respondent shall serve on a Claimant a Response to the Notice of Reference to Arbitration within 14 days of the date of service of the Notice of Reference to Arbitration, exclusive of the date of such service in the form of Appendix B, failing which, the Claimant shall be entitled to apply to the Court for the appointment of a second Arbitrator and the costs of the application shall be borne by the Respondent on the conclusion of the Arbitration proceedings unless the Arbitrators shall otherwise award. The endorsement of the Notice of Reference to Arbitration in the form of Appendix A or the jointly signed reference and the endorsement of any Response in the form of Appendix B shall state at the minimum the following particulars: a) A statement of the claim made by the Claimant and/or a statement of the defence and counterclaim of the Respondent as the case may be; b) A statement of the facts surrounding the claim, defence or counterclaim as the case may be; c) Identification of the documentary evidence sought to be relied upon and where practicable copies of the documentary evidence should be appended to the Reference; d) A statement of the dollar amount of damages or the relief sought; e) Any other information or arguments that may be relevant; and in addition a jointly signed reference shall bear the particulars for service and the names and addresses of the Arbitrators appointed and such other particulars as are required in Appendix A and Appendix B. Where substantially the same claim is to be made by two or more Claimants and or substantially the same defence is to be made by two or more Respondents the respective Claimants and Respondents shall where practicable endeavour to agree on the nomination/appointment of one Arbitrator as if they were one single Claimant or Respondent. In this regard the rules of the Supreme Court of Jamaica from time to time in force in relation to the joinder of parties shall be followed as far as possible. Upon the appointment of the two Arbitrators the parties to a dispute or either of them shall forthwith cause copies of the documents served under this Rule to be provided to each Arbitrator respectively along with a copy of this Rule as amended from time to time. Each party shall be entitled to be represented at an Arbitration by its Attorney(s)-at-Law and shall, subject to Rule A.6.5, be entitled to produce such evidence and call such witnesses as may be relevant. The reference of a dispute to Arbitration shall not cause any abeyance or abatement of an obligation for the payment of interest in favour of a party who upon an Award made is obligated to make a payment to which interest was, by contract and including under these rules, payable until final payment of a principal sum. The parties, subject to Rule A.6.5 along with the Arbitration Panel so appointed shall meet with dispatch to agree and set out the course of conduct of the arbitration proceedings. The costs, including interest foregone, consequent upon any delay in the proceedings shall be borne by the party causing the delay. In this regard the parties shall not be excused from this provision due to the absence of its Attorney-at-Law except on the majority decision of the Arbitrators.
2002 (Revised 2020) Retail Payments Jamaica Limited Automated Clearing House (ACH) Rules Section A – Paper Items Rule A6 – Arbitration Retail Payments Jamaica Limited Page 20 A.6.5 Arbitration Panel The Arbitration Panel shall regulate its proceedings in accordance with the Arbitration Act and in accordance with the laws of evidence and such other laws as may be applicable in Jamaica subject to agreement of the parties to the dispute otherwise. A.6.6 Conflicting Information and Assistance Where the Arbitration Panel is unable to sufficiently reconcile any conflicting information provided by the parties, the Arbitration Panel may require further evidence from those parties. The Arbitration Panel may also call on operational, legal or other expertise from the Company, Members or outside sources, and relevant fees shall be included in the costs of the Arbitration pursuant to Rule A.6.9. Where the Arbitration Panel has obtained further evidence or information pursuant to Rule A.6.6 (a) and/or (b), or believes that its decision may depend on sections of the Rules that have not been cited by the parties, the Arbitration Panel shall give notice of such evidence, information or sections to the parties, who shall have an opportunity to challenge the evidence or information obtained by the Arbitration Panel or make responses to those sections. A.6.7 Award The Arbitration Panel shall make its Award based on the submissions put forward by the parties at the Arbitration hearing and any evidence or information obtained pursuant to Rule A.6.6. The Award shall be in accordance with the law and shall comply with and be consistent with any policies, guidelines and directions made or given by any competent authority. The Award shall be the result of a majority vote. Subject to Rule A.6.13, the decision of the Arbitration Panel shall be final and binding on the parties and enforceable in a court of law. A.6.8 Order to Pay The Arbitration Panel may order payment by one or more of the parties of the amount of the Item(s) in Dispute, any interest claimed and any costs allocated pursuant to Rule A.6.9. The Arbitration Panel shall not order the payment of any indirect, consequential, punitive or other damages. Subject to Rule A.6.13, this order shall be binding on the parties and payment shall be made within five business days after the Award is given to the parties notwithstanding an appeal. A.6.9 Costs of Arbitration The expenses incurred by each party shall be borne by that party. The fees and expenses of the Arbitration Panel, including those incurred pursuant to Rule A.6.6, shall be considered costs of the Arbitration and apportioned to the parties in such a manner as the Arbitration Panel considers equitable. A.6.10 Time of Award The Award shall be given to the parties no later than thirty days after the date on which the Arbitration Panel has determined that the Arbitration has come to an end. A.6.11 Severability Any provision in this Rule that is found to be contrary to law shall be severable from these rules and shall be replaced by such law in force in relation to the portion severed but such severance shall not otherwise invalidate this Rule.
2002 (Revised 2020) Retail Payments Jamaica Limited Automated Clearing House (ACH) Rules Section A – Paper Items Rule A6 – Arbitration Retail Payments Jamaica Limited Page 21 A.6.12 Award Forming Precedent The Award made hereunder and not overturned on Appeal, shall serve as a precedent to be considered in any future dispute and the resulting decision shall be recorded and filed with the Company, save that, where an Award is later found to be in conflict with the policies, guidelines or directions of a competent authority such Award shall be deemed to be reversed or amended in so far as necessary to achieve consistency with the policies, guidelines or directions of the competent authority. A.6.13 Appeal An Award may be: a) appealed to a court of competent jurisdiction on the grounds of error of law or manifest error of fact within the time limited by any Rules of the Supreme Court for an appeal from a Civil decision of a Supreme Court Judge to the Court of Appeal. b) reconsidered by the Arbitration Panel, within 15 business days after a new fact, which would materially affect the outcome, has been discovered and notice thereof given to the Arbitration Panel. A.6.14 Effect on Other Obligations A reference to Arbitration shall not preclude the parties from their contractual obligations to each other except where the dispute necessarily requires that the obligation ceases until the determination of the Arbitration. For the avoidance of doubt where the dispute relates only to payment of a particular item then the reference to Arbitration shall not preclude the parties from making payment on any other item not the subject of the reference.
2002 (Revised 2020) Retail Payments Jamaica Limited Automated Clearing House (ACH) Rules Section A – Paper Items Rule A7 – Inter-Member Interest Claims Retail Payments Jamaica Limited Page 22 A.7 Inter-Member Interest Claims A.7.1 Introduction The following procedures are designed to assist Members in obtaining through mutual agreement, reasonable settlements of interest claims resulting from errors in clearing exchanges between Members. The settlement of interest claims among Direct Clearers should be in a manner which as far as is practical removes the possibility of one Direct Clearer becoming unjustly enriched as a result of an error or omission on the part of another Direct Clearer, and be consistent with the need to improve the efficiency of operations and to minimise the administration involved. A.7.2 Interest Calculations3 Interest will be determined by agreement between the parties and will be calculated in the following manner: a) The maximum interest rate shall be the higher of: i. The normal rate from time to time applicable to commercial banks with Bank of Jamaica, which is the Excess Funds Rate or; ii. The interest payable by the Bank which suffered loss to its customers as a result of the error or omission b) Interest shall be calculated on a 365-day basis. A.7.3 Period The period over which interest is payable shall be equal to the number of calendar days for which the funds were unavailable. This shall be deemed to be that period starting with the day when the entries were incorrectly settled or should have been settled through Bank of Jamaica and ending with, but including the day prior to the settlement of the correcting entries through Bank of Jamaica. A.7.4 Amount of Claim Individual interest claims under J$500 are unauthorised except those with respect to items in dispute for which no minimum amount applies (see Rule A5). A.7.5 Notice of Claim Upon discovery or notification of an error, the Direct Clearer to which interest accrues will send a letter to the Direct Clearer from which interest is due enclosing supporting documentation and specifying the following information:
Retail Payments Jamaica Limited Automated Clearing House (ACH) Rules Section A – Paper Items Rule A8 – Clearing of Foreign Items Retail Payments Jamaica Limited Page 23 A.8 Clearing of Foreign Items4 A.8.1 Eligible Items The instruments to be exchanged in the foreign clearings shall include the following items as well as other such items as agreed by the Company from time to time.
Retail Payments Jamaica Limited Automated Clearing House (ACH) Rules Section A – Paper Items Rule A8 – Clearing of Foreign Items Retail Payments Jamaica Limited Page 24 A.8.7 Reasons for Return
Retail Payments Jamaica Limited Automated Clearing House (ACH) Rules Section A – Paper Items Rule A9 – Extension of Recourse Retail Payments Jamaica Limited Page 25 A.9 Extension of Recourse A.9.1 Introduction A request for an extension of recourse can only originate with the RDFI. This should only be done in exceptional circumstances where the RDFI is unable to return its in-clearing items within the normal recourse period due to circumstances outside the institution’s control. Inability to process due to inadequate resources, including staff shortages, and or other management issues are not considered as adequate reasons. A.9.2 Request for Extension of Recourse A request for an extension of recourse may be considered in the following circumstances: a) Where a significant portion of the physical items delivered to the RDFI is subsequently lost due to extenuating circumstances (e.g. courier accident, missing/stolen bag etc.); b) Where in-clearing items are not processed on the day of receipt, due to significant “technical difficulties” such as: I. Interruption of communication II. Interruptions in computer facilities III. Failure of equipment; c) Where in-clearing items are not processed on the day of receipt, due to emergency conditions affecting individual institutions and not the entire industry, such as: I. Civil Unrest II. Strikes III. Natural Disasters IV. Fires The payment institution must disclose the reason or circumstances giving rise to the request. Outside of a Central Bank directive, the decision to extend recourse is entirely at the discretion of the ODFI.
Retail Payments Jamaica Limited Automated Clearing House (ACH) Rules Section A – Paper Items Rule A10 – Extended Processing Hours Retail Payments Jamaica Limited Page 26 A.10 Extended Processing Hours A.10.1 Introduction From time to time it may be necessary to extend the time that ACH Night settlement processing is conducted by the ACH Operator. A.10.2 Schedule for Extended Processing Hours Bank of Jamaica will publish a schedule of dates on which extended processing hours will apply. A.10.3 Extension Period Bank of Jamaica will grant an extension of two hours over the normal ACH Settlement processing hours.
Retail Payments Jamaica Limited Automated Clearing House (ACH) Rules Section A – Paper Items Rule A11 – Exchange of Clearing Items Retail Payments Jamaica Limited Page 27 A.11 PHYSICAL EXCHANGE OF CLEARING ITEMS A.11.1 Right of Participation Each Member shall have the right to participate in the business of the Clearing House. Each Member will notify the Bank of Jamaica (BOJ) of the officers and their alternates who are authorised to attend the Clearing House. A.11.2 Responsibilities of the Superintendent
Retail Payments Jamaica Limited Automated Clearing House (ACH) Rules Section A – Paper Items Rule A11 – Exchange of Clearing Items Retail Payments Jamaica Limited Page 28 A.11.6 Non-Attendance without notice of appointment of an agent Where a Member fails to attend the Clearing House and does not provide Bank of Jamaica with prior written notice of the appointment of an agent, a penalty charge of $100,000 will be levied. If notification of that non-attendance comes after the Clearing House has begun, an additional $5,000 is imposed. All fines will be debited against the Member’s account and Retail Payments Jamaica Limited account shall be credited. A.11.7 Late Arrival A Member arriving at the Clearing House after the start time is deemed to be late.
Retail Payments Jamaica Limited Automated Clearing House (ACH) Rules Section A – Paper Items Rule A11 – Exchange of Clearing Items Retail Payments Jamaica Limited Page 29 A.11.11 Receipt of Instruments The receiving Member shall regard instruments exchanged in the Clearing House as being held for the account of the presenting Member, until confirmation, as evidenced by the settlement voucher received by Bank of Jamaica. A.11.12 Settlement of Balances After the exchange has been completed the Superintendent shall be informed by the Members’ representatives of the total claims for and against that Member’s and the resulting balance.
Retail Payments Jamaica Limited Automated Clearing House (ACH) Rules Section A – Paper Items Rule A11 – Exchange of Clearing Items Retail Payments Jamaica Limited Page 30
Retail Payments Jamaica Limited Automated Clearing House (ACH) Rules Section A – Paper Items Rule A12 – Amendments to the Rules Retail Payments Jamaica Limited Page 31 A.12 Amendments to the Rules A.12.1 Composition of the Rules Committee The Rules Committee shall be comprised of not more than thirteen persons appointed annually and constituted as follows: The Chairman of the Company shall appoint two BOJ Members of the Company to the Committee, one of whom shall act as the Chairman. A representative from each of the other Participating Depository Financial Institutions (DFIs). A representative of the ACH Operator. A quorum shall be seven Members of the Committee such that no less than 4 Participating DFIs (excluding BOJ) shall be represented. A.12.2 Responsibility of the Rules Committee The Rules Committee will vote on and approve amendments to these rules. The Committee may recommend penalties for the violation of the rules and changes to the procedures for the amendment of the rules. These recommendations shall be subject to the approval of the Company. A.12.3 Procedures for Amendment of the Rules Any Member of the Company may submit a request for an amendment of the rules to the Company’s Board of Directors who will consider the request. The Rules Committee may pass a resolution on any proposed amendment at a meeting of at least two thirds of the quorum of the Rules Committee. The resolution on the proposed amendment shall be submitted to the Members of the Company by mail, fax or e-mail within 2 business days after the meeting of the Rules Committee. Each amendment shall only become effective on the resolution of the Company endorsing the amendment. Each Member of the Rules Committee shall have one vote and the Chairman has the casting vote. A.12.4 Temporary Adoption, Suspension of Implementation Date Subject to the prior written approval of the Company, the Members of the Rules Committee may approve, suspend or change the implementation date of a rule if it determines such action is in the best interest of the ACH and its Members. Any action taken pursuant to this section shall remain effective until date as specified by the Company in its written resolution.
2002 (Revised 2020) Retail Payments Jamaica Limited Automated Clearing House (ACH) Rules Section A – Paper Items Appendices Retail Payments Jamaica Limited Appendices Page I Appendix A.1 Design for Manual Endorsement Stamp CUSTOMER ENDORSEMENT 12345-678 MEMBER NAME & BRANCH DESIGNATION 13 JUNE 91 IF DISHONOURED RETURN TO 12345-678 1 2 3 4 5 6 7 8 OPTIONAL BRANCH INSTITUTION MANDATORY OPTIONAL Max. 6cm (2 3/8") Min. 3.5cm (1 3/8") Max. 6cm (2 3/8") Min. 3.5cm (1 3/8") Diagram not to scale Item Application Description Sizes Maximum Size: 6 cm high x 6 cm wide, 2-3/8" high x 2-3/8" wide Minimum Size: 3.5 cm high x 4.3 cm wide 1-3/8" high x 1-5/8" wide Member Name and Branch Designation Required: The member name and branch designation must appear in the upper half of the stamp Date Required: The date should appear in an area located from the centre of the stamp down to no lower than 1/3 the distance up from the bottom of the stamp Recommended Format: 2 Position Day (numeric) 4 Position Month (alpha) 2 Position Year (numeric) Identification Number Required: The branch and institution number must appear twice, in the upper left and lower right hand corners of the stamp. Format: 3 digit branch identification - hyphen 5 digit institution identification. Minimum 12 pt print size. Teller Identification Optional: Teller identification, if utilized, must appear in opposite corners of the Endorsement stamp (upper left and lower right). It should be sufficiently distinctive so as not to be confused with either the date or institution number.
2002 (Revised 2020) Retail Payments Jamaica Limited Automated Clearing House (ACH) Rules Section A – Paper Items Appendices Retail Payments Jamaica Limited Appendices Page II Item Application Description Customer Endorsement Optional: If the customer Endorsement is to form part of the Negotiating Institution Endorsement stamp, it should appear above the Negotiating Institution Endorsement and should not be wider than the body of the stamp.
2002 (Revised 2020) Retail Payments Jamaica Limited Automated Clearing House (ACH) Rules Section A – Paper Items Appendices Retail Payments Jamaica Limited Appendices Page III Appendix A.2 Placement of Endorsements and Locator Numbers on Clearing Items Appendix A.2.1 Introduction Where an Item is passed through the Clearing from one Direct Clearer to another, the Item can be subject to numerous Endorsements including several handlings through high-speed equipment designed to automatically place both Endorsement and locator numbers on the reverse side of the Item as an aid for the return or the tracing of the Item. As such, the purpose of this Standard is to eliminate the possibility of one Direct Clearer's Endorsement or locator number being obscured in the subsequent handling by another institution. This applies to all information placed on the reverse side of any Item. The provisions should be adhered to in order to ensure minimum risks of overprinting. Appendix A.2.2 Endorsement Zones With respect to the areas of Endorsement:
2002 (Revised 2020) Retail Payments Jamaica Limited Automated Clearing House (ACH) Rules Section A – Paper Items Appendices Retail Payments Jamaica Limited Appendices Page IV Appendix A.2.4 MICR Reader/Sorters Most MICR reader/sorters place Endorsements on the reverse side of the Items within welldefined print positions as identified by a combination of the three zones and two print tracks and therefore:
2002 (Revised 2020) Retail Payments Jamaica Limited Automated Clearing House (ACH) Rules Section A – Paper Items Appendices Retail Payments Jamaica Limited Appendices Page V Appendix A.3 Procedures and Guidelines for Returned Item Carrier Envelopes Appendix A.3.1 Introduction This document sets out procedures and guidelines for Returned Item Carrier Envelopes (hereinafter referred to as "envelopes") used for the processing of dishonoured Items. (Note: Many of these procedures and guidelines may also be applied to document carrier envelopes used for the processing of damaged and other documents not processable through high speed automated cheque processing equipment.) Many of these procedures and guidelines are based on the Check Carrier Envelope Specifications developed by the Accredited Standards Committee (ASC) X9 of the American National Standards Institute (ANSI). Although these specifications have been adapted to the Jamaican environment, the ANSI terminology has been retained, wherever possible, to ensure consistency with ANSI documentation. Appendix A.3.2 References The envelopes described in this Appendix are also subject to CPA Standard 006 "Standards and Specifications for MICR Encoded Documents". Appendix A.3.3 Scope This Appendix specifies the physical characteristics, dimensions and construction of envelopes. Appendix A.3.4 Preamble Envelopes reduce the need for manual processing. They are constructed to facilitate the handling of documents through high speed processing equipment. Appendix A.3.5 Characteristics
2002 (Revised 2020) Retail Payments Jamaica Limited Automated Clearing House (ACH) Rules Section A – Paper Items Appendices Retail Payments Jamaica Limited Appendices Page VI 2. Envelope Size All envelopes are to be rectangular in shape. The following minimum and maximum dimensions shall be adhered to: Length Depth Minimum 16.25 cm (6½") 7.5 cm (3_") Maximum 21.87 cm (8¾") 10.8 cm (4¼") (MICR clear band included) 3. Colour While colour specifications are not defined for the opaque paper parts described above, a white or light pastel coloured stock is recommended in order to provide maximum legibility. 4. Translucent Sheet The translucent sheet shall have a thickness (.002"), weight and strength which will allow for visual analysis, microfilming or image capture of a document while inside the envelope. The use of plastic is not recommended as the endorsement stamp may not adhere properly and may therefore smear or be obliterated as the carrier envelope is processed through a reader/sorter. Any material which has a propensity to increase static, shall not be used. The following minimum and maximum specifications shall be adhered to: Minimum Maximum Basis weight (lb.) 17.5 24 Caliper (Mils) .0012 2.50 Cross Grain (G) 14 20 With Grain (G) 15 22 Smoothness (Sheffield) (U) 150/95 Porosity Gurley (Sec) 2000 Paper Terisile (lbs.) 20 Opacity (%) 37 65 Brightness (%) 80.0 Curl (%) 3 Moisture (%) 5.0 7.0 5. MICR Encoding The Transaction Code section of the On-Us field on Returned Item Carrier Envelopes shall be encoded prior to clearing with the Returned Item transaction code (code 28). Appendix A.3.6 Construction Envelopes must be constructed such that they facilitate the handling of documents through automated cheque processing equipment
2002 (Revised 2020) Retail Payments Jamaica Limited Automated Clearing House (ACH) Rules Section A – Paper Items Appendices Retail Payments Jamaica Limited Appendices Page VII
2002 (Revised 2020) Retail Payments Jamaica Limited Automated Clearing House (ACH) Rules Section A – Paper Items Appendices Retail Payments Jamaica Limited Appendices Page VIII Appendix A.4 Declaration Form – Declaration that the Endorsement of a Payment Item is a Forgery I(We), ______________________________________________________________ declare that, with reference to the attached item in the amount of $ _________________ drawn on account number __________________ on (Date), and purporting to be endorsed by me (us), I(we) did not endorse the item nor did I(we) authorize anyone to endorse the Item on my(our) behalf. The endorsement is a forgery. I (We) became aware of this situation on (Date), Signed ________________________________________
(Date)
(Witness)
(Witness)
2002 (Revised 2020) Retail Payments Jamaica Limited Automated Clearing House (ACH) Rules Section A – Paper Items Appendices Retail Payments Jamaica Limited Appendices Page IX Appendix A.5 Notice of Reference to Arbitration NOTICE OF REFERENCE TO ARBITRATION (Rule A.6.4) Reference No.: RPJL/ARBIT 1 of 200___ IN THE MATTER OF THE ARBITRATION ACT AND IN THE MATTER OF AN ARBITRATION BETWEEN CLAIMANT OF AND RESPONDENT OF TO: (NAME AND ADDRESS OF RESPONDENT) TAKE NOTICE that the Claimant hereby intends to have the following claim endorsed hereon referred to Arbitration in accordance with the Submission entered into between the Claimant and the Respondent on the day of 20__ ENDORSEMENT OF CLAIM The Claimant has appointed (intends to appoint) of as one of the Arbitrators in the hearing of this matter. The Respondent(s) shall within fourteen (14) days of the date of this notice serve upon the Claimant a copy of its response in the form of APPENDIX “B” failing which the Claimant shall be entitled to apply to the Court to have a second Arbitrator appointed with costs of such application being for the account of the Respondent. Dated the day of 20___ Signed for and on behalf of Claimant By Attorney-at-Law for Claimant/Chief Executive Officer SERVED the day of 20___ LODGED by Messrs. , Attorneys-at-Law of Kingston, Attorneys-at-Law to the Claimant whose address for service is that of its said Attorneys-at-Law
2002 (Revised 2020) Retail Payments Jamaica Limited Automated Clearing House (ACH) Rules Section A – Paper Items Appendices Retail Payments Jamaica Limited Appendices Page X Appendix A.6 Response to Notice of Reference to Arbitration RESPONSE TO NOTICE OF REFERENCE TO ARBITRATION (Rule A.6.4) Reference No.: RPJL/ARBIT 1 of 20___ IN THE MATTER OF THE ARBITRATION ACT AND IN THE MATTER OF AN ARBITRATION BETWEEN CLAIMANT OF AND RESPONDENT OF of the Respondent joins issue with the claimant as endorsed below: ENDORSEMENT OF RESPONSE The Respondent has appointed or (intends to appoint) as one of the Arbitrators in the hearing of this matter. Dated the day of 20__ Signed for and on behalf of the Respondent by Attorney-at-Law for the SERVED the day of 20__ LODGED by Messrs. , Attorneys-at-Law of Kingston, Attorneysat-Law to the Respondent whose address for service is that of its said Attorney-at-Law. Respondent/Chief Executive Officer
2002 (Revised 2020) Retail Payments Jamaica Limited Automated Clearing House (ACH) Rules Section A – Paper Items Appendices Retail Payments Jamaica Limited Appendices Page XI Appendix A.7 Schedule of Penalties and Fines Description Fine* Effective Date The inclusion of incorrect or duplicated records in an ACH File J$ 250.00 per item The maximum payout with respect to a single offence is $200,000. 14 June 2004 Late return or wrongful return of items through the Clearing J$ 1,000.00 per item 14 June 2004 Representative arrives 15 minutes late J$ 2,000.00 01 April 2005 Representative arrives more than 15 minutes late flat fee of J$ 5,000 01 April 2005
2002 (Revised 2020) Retail Payments Jamaica Limited Automated Clearing House (ACH) Rules Section A – Paper Items Appendices Retail Payments Jamaica Limited Attachments Page a Attachment A.1.
2002 (Revised 2020) Retail Payments Jamaica Limited Automated Clearing House (ACH) Rules Section A – Paper Items Appendices Retail Payments Jamaica Limited Attachments Page b Attachment A.2.
2002 (Revised 2020) Retail Payments Jamaica Limited Automated Clearing House (ACH) Rules Section A – Preparation of Clearings Attachments Retail Payments Jamaica Limited Attachments Page c Attachment A.3.
2002 (Revised 2020) Retail Payments Jamaica Limited Automated Clearing House (ACH) Rules Section A – Preparation of Clearings Attachments Retail Payments Jamaica Limited Attachments Page d Attachment A.4. Recommended Design For Return Item Carrier Envelopes For use where dishonoured Items are processed as qualified documents
2002 (Revised 2020) Retail Payments Jamaica Limited Automated Clearing House (ACH) Rules Section A – Preparation of Clearings Attachments Retail Payments Jamaica Limited Attachments Page e Attachment A.5. Recommended Design for Returned Item Carrier Envelope for Use With Automated Bulk Return Equipment Front Side