National System of Fines
The National System of Fines is the rules enforcement mechanism for the ACH Network, correcting violations of and ensuring compliance with the Rules through a formal system of warnings and fines. Its ultimate objective is to maintain the quality of the ACH Network through better compliance with the Rules. The National System of Fines provides participating Depository Financial Institutions with an opportunity for review, evaluation, and correction of the circumstances surrounding possible rules violations.
A financial institution that has identified a potential infraction of the Rules may submit the issue to NACHA for review via a Report of Possible ACH Rules Violation. The submission of the violation allows the alleged infraction to be addressed and that any underlying issue causing such a violation is resolved. The National System of Fines helps to resolve issues of non-compliance, thereby ensuring the reliability of the ACH Network and providing overall benefit to its end-users.
Instructions for Filling Out the Form
To report an alleged violation of the NACHA Operating Rules, the complainant must submit a completed and signed Report of Possible ACH Rules Violation form, along with documentation necessary to support the claim of a violation, to: Compliance Department, NACHA - The Electronic Payments Association, 13450 Sunrise Valley Drive, Suite 100, Herndon, VA 20171; phone: (703) 561-1100; fax: (703) 561-0819.
Identification of Parties
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The submitter of the form is the complainant. The submitter must provide its contact information.
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If the submitter is a member of a Regional Payments Association, the association to which the submitter belongs must be specified.
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Selections relating to "ODFI," "RDFI," "Originator," or, if appropriate, "Other ACH Participant" must be completed as thoroughly as possible.
Summary of Facts of Alleged Violation
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Please provide detailed information relating to the alleged ACH rules violation by completing the section entitled "Description of ACH Rules Violation." The Report must contain a description of the precise nature of the alleged ACH rules violation, the sequence of events involved, and the consequences resulting from the violation. The Report should specify the provision of the NACHA Operating Rules that is believed to have been violated and must provide information to identify the particular transaction (i.e., SEC Code, Transaction Code, Settlement Date, Dollar Amount, Trace Number, Account Number, and Date of Alleged Rules Violation).
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The Report must be accompanied by copies of all documents necessary to support the claim that a provision of the NACHA Operating Rules has been violated, including copies of relevant ACH entries (i.e., Company/Batch Header Records, Entry Detail Records, and Addenda Records, when applicable) and written communications between the complainant and the party against which the Report is being filed.
Authorization for Submitting a Report of Possible ACH Rules Violation
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The Report must be signed by an authorized representative of the complainant.
Restrictions on Filing a Report of Possible ACH Rules Violation
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A Report of Possible ACH Rules Violation must be submitted to the National Association by the complainant within ninety (90) days of the occurrence of the alleged ACH rules violation.
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In the event that the complainant is asserting that an ACH rules violation has been committed by more than one Participating DFI, a separate Report of Possible ACH Rules Violation must be filed for each case.
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The complainant must be a Participating DFI or an ACH Operator that is a party to the transaction to submit a Report of Possible ACH Rules Violation.