Nacha Requests Feedback on Proposals; Posts RFI

Nacha has requested comments and feedback by July 1, 2021, on two related Nacha rules proposals relating to Third-Party Sender (TPS) Roles and Responsibilities. The proposed rules would become effective June 30, 2022. The purpose of these proposals is to further clarify the roles and responsibilities of TPSs in the ACH network by:

• Addressing the commercially existing practice of Nested TPS arrangements, and
• Making explicit and clarifying the requirement that a TPS conduct a risk assessment
  

Nacha provided a  description of the proposals and the two proposed rules, and has established a  portal for comments via SurveyMonkey.

Nacha also issued a request for information on the Risks of Early Funds Availability to determine whether a rules proposal should be developed to adjust the allocation of risk when receiving depository financial institutions (RDFIs) make funds from ACH credits available early, before the settlement date of the ACH entry. In this case, the purposes of the request for information (RFI) are to raise awareness of the issue and its risks and to start industry thinking and dialogue on whether a rules proposal should be considered or pursued. Such a proposal could support the ability or provide an opportunity for an originating depository financial institution (ODFI) to recover funds in limited circumstances when an RDFI has made funds available early.

Nacha will accept comments via SurveyMonkey or comment letter through July 16, 2021.