---
kind: "section"
citation: "31 C.F.R. § 355.5"
title: "31"
number: "355.5"
heading: "What warranties does a presenting bank make?"
url: "https://uscodex.org/cfr/31/355.5"
---

# §355.5. What warranties does a presenting bank make?

- (a) A presenting bank makes the warranties required of a sender under [subpart A](/cfr/31/subpartA.md) of regulation J ([12 CFR part 210](/cfr/12/part210.md)). 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.

## Notes

### Authority

Authority: 12 U.S.C. 391; 31 U.S.C. Ch. 31.

### Source

Source: 65 FR 65700, Nov. 1, 2000, unless otherwise noted.