Answer:
f the draft meets the definition of "remotely created check" in Regulation CC (at 12 CFR 229.2(fff)):
Remotely created check means a check that is not created by the paying bank and that does not bear a signature applied, or purported to be applied, by the person on whose account the check is drawn. For purposes of this definition, "account" means an account as defined in paragraph (a) of this section as well as a credit or other arrangement that allows a person to draw checks that are payable by, through, or at a bank.
... there is a warranty given by the depositary bank under section 229.34(d) that "the person on whose account the remotely created check is drawn authorized the issuance of the check in the amount stated on the check and to the payee stated on the check." See 229.34(d) for additional information.
See also applicable sections of the Uniform Commercial Code (UCC) adopted by the state in which the depositary bank is headquartered.
I recommend a very helpful book on the subject of check problems under the UCC, The Check Book, which is available for download in PDF format from BOL Banker Tools, at http://www.BankersOnline.com/tools/training/ucc3_4trng_ge.html. It packs a lot of easily understood information into surprisingly few pages.
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