House Bill No. by Representative Adams aims to enhance protections against the duplicate presentment of checks that have been previously deposited using mobile or remote deposit capture. The bill enacts R.S. 10:3-321, which includes definitions for key terms such as "check," "financial institution," "holder in due course," "remote deposit capture," "restrictive endorsement," and "truncating financial institution." It establishes that a person who accepts a paper check in good faith, without knowledge of its prior deposit, is considered a holder in due course and can enforce the check against the drawer and prior endorsers. The bill also outlines the conditions under which a person is presumed to have acted in good faith when accepting a check.
Additionally, the bill mandates that truncating financial institutions indemnify holders in due course for losses incurred due to duplicate presentments of checks. This indemnification applies when the truncating institution accepted a check without a restrictive endorsement, and the check was later presented for payment by a good faith holder in due course, resulting in a loss. The bill further clarifies that nonresident truncating financial institutions can be held accountable for foreseeable injuries in Louisiana when checks they accept are subsequently cashed or deposited within the state.