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Past Questions Main

Question: I'm wondering what the new law, Check 21, I heard about means for us. Will it impact on our purchasing stocks at BUYandHOLD?

Denise H.

Answer:

Dear Denise,

The new law means that checks will clear more quickly, whether they are made out to BUYandHOLD.com, your telephone company or the holder of your mortgage. Here's the story.

The Sinking Float

The new law, effective October 28, puts serious limitations around what's known in the banking industry as the "float." The float is that one to five-day window of opportunity between the day you write a check and the day when your money is taken out of your account to cover that check.

The new law, called Check 21, allows banks to transmit pictures, technically known as images, of your check electronically. This dramatically speeds up the clearing process and reduces or eliminates the float.

For years, checks were moved about physically for processing. That meant, of course it could easily take up to five days to clear a check from an out-of-town bank.

Now, with electronic transfers, your checks will clear much, much faster.

Possible Problems

Here are two things to be aware of:

(1) Bounced Checks. If you've been using the float -- that is, writing checks not fully covered on the day written, assuming you have a one to five-day time frame to add additional money to your account, you will wind up bouncing checks.

(2) Paycheck Holds. Under the new law, banks will still be allowed to put "local" holds on checks for up to five business days. That means if you work for a company that has its headquarters in another city and if it has been putting holds on its employee's paychecks, it can continue to do so. Should you write checks during the hold period, and you don't have sufficient funds in your account, those checks will bounce.

What You Can Do

  • Contact Your Employer. Ask your company payroll or business department what the firm's policy is on putting holds on employee's checks.

  • Set Up Direct Deposit. Arrange for your paycheck to be deposited directly into your bank account. This way, it will avoid being put on official hold.

  • Balance Your Checkbook. This has always been good advice. Now it's become imperative advice. I don't think you need to reconcile your account to the penny. Rounding out to the nearest dollar will still keep you on track.

    $Tip: Don't forget to take into account any ATM transactions, debit purchases, automatic payments and mail deposits.

  • Look Into Bounced Check Protection. If you're a haphazard type when it comes to things financial, you may want to purchase bounce protection from your bank. However, if it's expensive, do so only as a last resort. First, find out how much it costs ($20 to $30 per transaction is common) and if it covers overdraws made via ATMs and debit cards.

    Caution: Some banks also slap on a $2+ fee per day for days while you're still overdrawn.

Canceling Out Canceled Checks

The new law also allows banks and credit unions to destroy your original checks after they have made digital images. Some banks are already sending copies of these copied digital images in their monthly statements; more will begin to do so.

$Tip: If you need to prove that you made a charitable contribution, paid your taxes or took care of a car payment and you don't have the original check or the digital image, you will need to ask the bank to make a copy of your check. These copies are now considered legitimate proof of payment.

At BUYandHOLD

Regarding your account at BUYandHOLD or our parent company, Freedom Investments, there are no changes internally; however, our bank may transmit your check electronically to speed up the clearing process.

If you are writing a check to purchase securities or to deposit money into your account, make certain that you have enough money in your banking account before sending us the check.

Feel free to write in again if you have more questions on the new Check 21 law.

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