2026-04-10 | 2026-06996Added · Updated
The Board of Governors of the Federal Reserve System proposes amendments to Regulation J to permit FedNow participants to use non-Reserve Bank intermediaries for funds transfers. This change aligns the FedNow Service with the Fedwire Funds Service, enabling participants to leverage intermediaries like correspondent banks for the international portion of cross-border transactions. The proposal maintains immediate funds-availability requirements for domestic beneficiary banks while clarifying reliance on routing numbers for intermediary identification.
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1 ‘‘FedNow’’ and ‘‘Fedwire’’ are a registered service mark of the Reserve Banks. A list of marks related to financial services products that are offered to financial institutions by the Reserve Banks is available at FRBservices.org®. FEDERAL RESERVE SYSTEM 12 CFR Part 210 [Docket No. R–1891] RIN 7100–AH23 Collection of Checks and Other Items by Federal Reserve Banks and Funds Transfers Through the Fedwire Funds Service and the FedNow Service; Regulation J AGENCY: Board of Governors of the Federal Reserve System (Board). ACTION: Proposed rule, request for comment. SUMMARY: The Board is proposing amendments to subpart C of Regulation J (governing the FedNow® Service) to permit FedNow participants to use intermediaries, other than Reserve Banks, to send funds transfers through the FedNow Service. The Board believes this change could support private-sector cross-border payment solutions by allowing FedNow participants to leverage an intermediary (for example, a correspondent bank) for the international portion of a cross-border transaction and use the FedNow Service for the U.S. domestic portion. DATES: Comments must be submitted by June 9, 2026. ADDRESSES: You may submit comments, identified by Docket No. R–1891 and RIN 7100–AH23, by any of the following methods:
2 85 FR 48522, 48527 (August 11, 2020). 3 Id. 4Correspondent banking generally consists of a bilateral arrangement under which one bank (the correspondent) holds deposits owned by other banks (respondents) and provides payment and other services to those respondent banks. Through such relationships, banks can access financial services in different jurisdictions and provide crossborder payment services to their customers. Bank for International Settlements, Correspondent Banking (2016), https://www.bis.org/cpmi/publ/ d147.pdf. 5A Reserve Bank may rely on the routing number, provided the Reserve Bank did not know of any inconsistency between the routing number and the name of the bank identified. The proposed amendments would not change the language in
section 201.42(a) permitting Reserve Banks to rely
on a number identifying a beneficiary bank. When the Board announced the details of the FedNow Service in 2020, the Board stated that, ‘‘[i]n line with prioritization of a timely launch, the FedNow Service will only support domestic instant payments initially.’’ 2 The Board noted, however, that it would evaluate whether to expand the FedNow Service in the future to allow crossborder payments.3
II. Proposed Regulation J Amendments
Since the launch of the FedNow Service, participants have expressed interest in using the service to initiate or receive cross-border instant payments as a means of improving the speed and efficiency of cross-border payments. In response, the Board is proposing to amend Regulation J to allow FedNow participants to use intermediaries other than Reserve Banks, which is currently prohibited under Regulation J. The Board believes this change could support private-sector cross-border payment solutions, among other potential use cases, by allowing FedNow participants to leverage an intermediary (for example, a correspondent bank) for the international portion of a cross-border transaction and use the FedNow Service for the U.S. domestic portion.4 This would make available a second realtime gross settlement payment rail to private-sector providers in addition to the Fedwire Funds Service. The proposed amendments would align the FedNow Service with the Fedwire Funds Service, which has permitted intermediaries for decades. The changes would not alter the payment flow between FedNow Service participants or change which entities can connect to the service. Like the Fedwire Funds Service, the amendments would simply allow additional transfers before and after funds are sent through the FedNow Service, enabling participants to settle the U.S. domestic portion of larger cross-border transactions. The Board believes these proposed amendments do not create material new money laundering, sanctions evasion, or payment system integrity risks, as the correspondent payment model is substantially similar to how the Fedwire Funds Service operates today and has functioned successfully for years. A. Reliance on Numbers Identifying Beneficiary and Intermediary Banks Currently, section 210.42(a) only permits a Reserve Bank to rely on the number in the payment order identifying the beneficiary’s bank. Under the proposal, a Reserve Bank would also be permitted to rely on a number identifying the intermediary bank, consistent with Article 4A of the Uniform Commercial Code (UCC). Specifically, a Reserve Bank, where it acts as receiving bank, would be able to rely on the routing number of an intermediary bank specified in a payment order as identifying the appropriate intermediary bank, even if the payment order identified another bank by name.5 The proposed language would mirror the corresponding rules governing the Fedwire Funds Service in subpart B of Regulation J. B. Permitting Designation of NonReserve Bank Intermediary Banks Currently, a FedNow participant may not send a payment order to a Reserve Bank that requires the Reserve Bank to issue a payment order to an intermediary bank other than another Reserve Bank. The Board is proposing to amend section 210.45(b) to permit a FedNow payment order to designate an intermediary bank other than a Reserve Bank. Additionally, the Board is proposing to make conforming amendments to the commentary to
section 210.45.
C. Application of Regulation J’s FundsAvailability Requirements
Currently, under section 210.44(b)(1), ‘‘[a] beneficiary’s bank (other than a Federal Reserve Bank) that accepts a payment order over the FedNow Service is obliged to pay the amount of the order to the beneficiary of the order immediately after its acceptance of the payment order, by crediting an account of the beneficiary in accordance with
section 4A–405(a) of Article 4A.’’
The Board is not proposing to amend
section 210.44(b)(1). Accordingly,
Regulation J’s immediate fundsavailability requirement would apply only to funds transfers in which a beneficiary’s bank—not an intermediary bank—accepts a payment order over the FedNow Service. For example, in an outbound cross-border funds transfer, an intermediary bank (rather than the beneficiary’s bank) would accept a payment order over the FedNow Service, and the beneficiary’s bank (which would be located outside the United States) would not be obliged under Regulation J to make funds available immediately to the beneficiary. Conversely, if an originator outside the United States initiates a cross-border funds transfer in which the beneficiary’s bank accepts a payment order over the FedNow Service, then the beneficiary’s bank (which would be located in the United States) would be obliged to make funds available immediately to the beneficiary. Finally, the Board is proposing a clarifying revision to section 210.44(b)(3). Currently, where a FedNow Service participant, acting as a beneficiary bank, has reasonable cause to believe that the beneficiary is not entitled to or permitted to receive the payment, the beneficiary bank may notify its Reserve Bank that it requires additional time to determine whether to accept the payment order. With the proposed amendment to Regulation J to permit the use of non-Reserve Bank intermediary banks, the Board is also proposing to amend section 210.44(b)(3) to clarify its applicability only to FedNow Service participants.
III. Request for Comment
The Board requests comment on all aspects of the proposed amendments to Regulation J.
IV. Competitive Impact Analysis
The Board conducts a competitive impact analysis when it considers an operational or legal change, if that change would have a direct and material adverse effect on the ability of other service providers to compete with the Federal Reserve in providing similar services due to legal differences or due to the Federal Reserve’s dominant market position deriving from such legal differences. All operational or legal changes having a substantial effect on payment system participants will be subject to a competitive impact analysis, even if competitive effects are not apparent on the face of the proposal. If such legal differences exist, the Board will assess whether the same objectives could be achieved by a modified proposal with less competitive impact or, if not, whether the benefits of the proposal (such as contributing to payment system efficiency or integrity or other Board objectives) outweigh the
6Federal Reserve Regulatory Service, 7–145.2. 7See 44 U.S.C. 3502(3). 8Under regulations issued by the U.S. Small Business Administration (‘‘SBA’’), a small entity includes a depository institution, bank holding company, or savings and loan holding company with total assets of $850 million or less. See 13 CFR
121.201. Consistent with the SBA’s General
Principles of Affiliation, the Board includes the assets of all domestic and foreign affiliates toward the applicable size threshold when determining whether to classify a particular entity as a small entity. See 13 CFR 121.103. As of the second quarter of 2025, there were approximately 2,796 small bank holding companies and approximately 157 small savings and loan holding companies, and approximately 443 small state member banks. 9 5 U.S.C. 603(b)–(c). 10For example, the SBA defines a commercial bank as small if it has $850 million or less in assets. See 13 CFR 121.201. materially adverse effect on competition.6 The Board does not believe that the proposed amendments to Regulation J will have a direct and material adverse effect on the ability of other service providers to compete effectively with the Reserve Banks in providing similar services due to legal differences. The proposed amendments do not govern similar services provided by privatesector providers and, accordingly, would not preclude a private-sector provider of similar payment services from facilitating cross-border payments. Therefore, the Board does not believe that the proposed amendments would affect the competitive position of private-sector providers vis-a`-vis the Reserve Banks.
V. Administrative Law Matters
A. Paperwork Reduction Act In accordance with the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3506; 5 CFR part 1320 Appendix A.1), the Board may not conduct or sponsor, and a respondent is not required to respond to, an information collection unless it displays a valid Office of Management and Budget (OMB) control number. The Board reviewed the proposed rule under the authority delegated to the Board by the OMB and determined that it contains no collections of information under the PRA.7 Accordingly, there is no paperwork burden associated with the proposed rule. B. Regulatory Flexibility Act The Regulatory Flexibility Act (the RFA) (5 U.S.C. 601 et seq.) requires agencies either to provide an initial regulatory flexibility analysis with a proposed rule or to certify that the proposed rule will not have a significant economic impact on a substantial number of small entities.8 In accordance with section 3(a) of the RFA, the Board has reviewed the proposed amendment. In this case, the proposed amendment would apply to all depository institutions that choose to use the Reserve Bank’s FedNow Service, but the Board does not believe it will have a significant economic impact on a substantial number of small entities. Nevertheless, this initial regulatory flexibility analysis has been prepared in accordance with 5 U.S.C. 603 for the Board to solicit comment on the effect of the proposal on small entities. An initial regulatory flexibility analysis must contain: (1) a description of the reasons why action by the agency is being considered; (2) a succinct statement of the objectives of, and legal basis for, the proposed rule; (3) a description of, and, where feasible, an estimate of the number of small entities to which the proposed rule will apply; (4) a description of the projected reporting, recordkeeping, and other compliance requirements of the proposed rule, including an estimate of the classes of small entities that will be subject to the requirement and the type of professional skills necessary for preparation of the report or record; (5) an identification, to the extent practicable, of all relevant Federal rules which may duplicate, overlap with, or conflict with the proposed rule; and (6) a description of any significant alternatives to the proposed rule which accomplish its stated objectives and minimize any significant economic impact of the proposed rule on small entities.9 The Board will, if necessary, conduct a final regulatory flexibility analysis after consideration of comments received during the public comment period.
Board requests that commenters describe the nature of any impact on small entities and provide empirical data to illustrate and support the extent of the impact.
C. Solicitation of Comments on Use of
Plain Language
Section 722 of the Gramm-LeachBliley Act (Pub. L. 106–102, 113 Stat.
1338, 1471, 12 U.S.C. 4809) requires the federal banking agencies to use plain language in all proposed and final rules published after January 1, 2000. The Board has sought to present the proposal in a simple and straightforward manner and invites comment on the use of plain language and whether any part of the proposal could be more clearly stated. D. Providing Accountability Through Transparency The Providing Accountability Through Transparency Act of 2023 (5 U.S.C. 553(b)(4)) requires that a notice of proposed rulemaking include the internet address of a summary of not more than 100 words in length of the proposed rule, in plain language, that shall be posted on the internet website under section 206(d) of the EGovernment Act of 2002 (44 U.S.C. 3501 note). The Board of Governors of the Federal Reserve System is proposing to amend subpart C of its Regulation J, which governs the Federal Reserve Banks’ FedNow Service, to permit participants to use intermediary banks in addition to Federal Reserve Banks. This change would enable participants to leverage their correspondent banking networks for the U.S. domestic portion of crossborder transactions. The proposal and the required summary can be found at https:// www.regulations.gov and https:// www.federalreserve.gov/supervisionreg/ reglisting.htm. List of Subjects in 12 CFR Part 210 Banks, Banking, Federal Reserve System. For the reasons set forth in the preamble, the Board proposes to amend 12 CFR part 210 as follows:
PART 210—COLLECTION OF CHECKS
AND OTHER ITEMS BY FEDERAL RESERVE BANKS AND FUNDS TRANSFERS THROUGH THE FEDWIRE FUNDS SERVICE AND THE FEDNOW SERVICE (REGULATION J)
Section 210.45—Payment Orders
(b) * * *
(2) This section provides that in an interdistrict transfer, a Federal Reserve Bank is authorized and directed to select another Federal Reserve Bank as an intermediary bank. A sender may, however, instruct a Federal Reserve Bank to use a particular intermediary bank by designating that bank as the bank to be credited by that Federal Reserve Bank (or the second Federal Reserve Bank in the case of an interdistrict transfer) in its payment order, in which case the Federal Reserve Bank will send the payment order to that bank if that bank receives payment orders through the FedNow Service. A sender may not instruct a Federal Reserve Bank to use its discretion to select an intermediary bank other than a Federal Reserve Bank or an intermediary bank designated by the sender. In addition, a sender may not send a payment order through the FedNow Service that instructs a Federal Reserve Bank to use a funds-transfer system or means of transmission other than the FedNow Service, unless the sender and the Federal Reserve Bank agree in writing to the use of that fundstransfer system or means of transmission.
By order of the Board of Governors of the Federal Reserve System, Benjamin W. McDonough, Secretary of the Board. [FR Doc. 2026–06996 Filed 4–9–26; 8:45 am] BILLING CODE P
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