Nacha Excused Delays: ACH Rules for Hurricanes & Unexpected Disruptions

9/22/2026 - By Sallie O'Brien

The Nacha Operating Rules and Guidelines provide a comprehensive framework for the smooth operation of the Automated Clearing House (ACH) network during unexpected events. Within these rules, Section 1.5 addresses the concept of "excused delay." This provision helps to clarify the circumstances under which a participating financial institution (DFI) or an ACH Operator can delay the performance of their obligations beyond the required time limits. As we are amid the hurricane season, we wanted to provide insight into the excused delay provisions and their significance in ensuring efficient ACH transactions during difficult times.

What Exactly Constitutes an Excused Delay?

Factors beyond the reasonable control of a participating DFI or ACH Operator would constitute an Excused Delay. The delay must result from an interruption in communication or computer facilities, occurring from situations such as war, acts of God, or unforeseen events that hinder the normal functioning of communication or computer systems can be considered excused delays.

Determining Reasonable Control and Diligence

Whether a delay is beyond reasonable control must be determined based on the available facts and circumstances surrounding the delay. It also considers the level of diligence exercised by the participating DFI or ACH Operator. Events commonly occurring within each state, such as hurricanes or tornados, should also be considered when preparing disaster recovery and business continuity plans. If the delay is caused by default, misconduct, negligence, or failure to maintain appropriate disaster recovery and business continuity plans, it is not excused under the rules.

Continuation of Excused Delay

An excused delay will continue until the cause has been eliminated or should have been eliminated, based on the level of diligence required. This ensures that participating DFIs and ACH Operators address any issues promptly and efficiently to minimize disruptions in the ACH network.

Notification and Challenge Process:

When a participating DFI or ACH Operator asserts an excused delay, they are responsible for promptly notifying other ACH participants of the delay and their reliance on the rules to excuse it. Suppose an affected ACH participant wishes to challenge the claim of an excused delay. In that case, they can utilize the National System of Fines, which allows for the resolution of alleged rules violations. Keep in mind that the burden of proving the legitimacy of the excused delay rests with the party asserting it, and Nacha considers various factors in making a determination.

Contingency Planning and Computer Failure:

It is essential for participating DFIs and ACH Operators to have contingency plans in place to handle computer failures or other equipment issues. While general failure of computer facilities or equipment does not constitute an excused delay, circumstances beyond their control, despite reasonable contingency planning, may still be considered excused delays.

Understanding the provisions regarding excused delays within the Nacha Operating Rules and Guidelines is crucial for maintaining the operational integrity of the ACH network. These rules clarify the circumstances under which delays can be excused, ensuring that participants exercise diligence in addressing any interruptions caused by factors beyond their control. By adhering to these rules and implementing strong contingency plans, financial institutions and ACH Operators can safeguard the efficiency and reliability of the ACH network.

Prepare Your Institution for the Unexpected

Working with Saltmarsh means more than simply understanding the Nacha Operating Rules—it means partnering with experienced advisors who help financial institutions strengthen operational resilience, maintain ACH compliance, and prepare for unexpected disruptions. Our team provides practical guidance to help institutions evaluate risk, enhance business continuity planning, and navigate evolving regulatory expectations.

Whether you're reviewing your ACH operations, updating disaster recovery and business continuity plans, preparing for an examination, or seeking guidance on Nacha compliance requirements, we're here to help. Contact our Financial Institution Advisory team today to discuss your organization's needs and learn how we can support your ACH compliance and operational risk management goals.

About the Author | Sallie O'Brien

Sallie is a senior consultant in the Financial Institution Advisory Group. She has over 19 years of experience across risk-based Nacha compliance audits and ACH consulting services. Prior to joining Saltmarsh, Sallie served as senior director of education at a regional consulting firm, where she developed and led payments education and Nacha compliance programs for third-party providers.

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