As ACH origination services increase in volume and complexity, it is more important than ever for financial institutions to enter into a strong legal agreement to protect themselves. This ACH-type initiation agreement, in accordance with the AA, contains the critical conditions that must be imposed between financial institutions and their ACH initiators. In addition, the agreement contains the unique provisions of the Standard Entry Class (SEC) code, examples of economically appropriate security procedures, standard forms for direct deposits and direct payments, as well as a Federal Reserve Holiday Schedule. The ACH Origination Agreement is provided in a Microsoft Word electronic document for simple adaptation. The ODFI, which demands the return of the funds, must submit to the RDFI a concluded compensation agreement, in which correct information is inserted in all the fields indicated. The compensation agreement should be signed by a person empowered to conclude the agreement on behalf of the ODFI. An RDFI is not required to take action in response to the receipt of a compensation agreement from an ODFI. Nacha has established the attached indemnification agreement to serve as a standard written claim and compensation agreement that can be used in cases where such additional compensation is desired by an RDFI. Nacha encourages financial institutions to familiarize themselves with this agreement and to take into account the situations in which they are intended to be used, as their use reduces delays and costs related to the negotiation of the terms of agreements between financial institutions. Nacha has learned that many financial institutions need an additional written compensation agreement in relation to the ACH returns requested, especially when the return of funds cannot be concluded by a return of ach (for example.
B a return code R06) or if funds are returned by RDFI outside the ACH network (e.g.B.B. wire or cheque). These include situations where the full amount of funds received from an ACH operation is not available for restitution or where funds have been transferred to another account with the RDFI. In such cases, an RDFI may require that it be compensated by the ODFI and that the ODFI complete and execute a compensation agreement provided by the RDFI or a form provided by the RDFI. This can lead to a delay in the return of the requested funds, as financial institutions and their lawyers re-test the agreement and negotiate their terms, not least because some of the compensation agreements usually used are not designed for ACH transactions. The New England Automated Clearing House (NEACH) is collaborating with NACHA for an improved payment playbook….