31 CFR § 355.5 - What warranties does a presenting bank make?

---
identifier: "/us/cfr/t31/s355.5"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "31 CFR § 355.5 - What warranties does a presenting bank make?"
title_number: 31
title_name: "Money and Finance: Treasury"
section_number: "355.5"
section_name: "What warranties does a presenting bank make?"
chapter_name: "FISCAL SERVICE, DEPARTMENT OF THE TREASURY"
subchapter_number: "A"
subchapter_name: "BUREAU OF THE FISCAL SERVICE"
part_number: "355"
part_name: "REGULATIONS GOVERNING FISCAL AGENCY CHECKS"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "12 U.S.C. 391; 31 U.S.C. Ch. 31."
regulatory_source: "65 FR 65700, Nov. 1, 2000, unless otherwise noted."
cfr_part: "355"
---


# 355.5 What warranties does a presenting bank make?

(a) A presenting bank makes the warranties required of a sender under subpart A of regulation J (12 CFR part 210). This paragraph does not limit any warranty by a presenter or other party arising under State law.

(b) We are not barred from recovering on a breach of warranty solely because:

(1) Our negligence contributed to a fraudulent endorsement or material alteration;

(2) We did not promptly discover an unauthorized signature or alteration;

(3) An impostor fraudulently caused the issuance of a fiscal agency check in the name of any existing payee; or

(4) Our employee fraudulently caused the issuance of a fiscal agency check in the name of any existing payee.