04/19/2020
Can a bank place a hold on any check that is not next day item if there is not recourse in that customer's account at the time they present check to the teller for deposit?
03/29/2020
Can we hold a cashier’s check in a checking account?
03/22/2020
When do we have to make the changes to amounts for Regulation CC?
03/15/2020
What are the new numbers for Regulation CC Holds?
03/08/2020
Our customer, Joe, is depositing an insurance check for $8600 into a checking account. Should we hold it if his average balance is $100? He has been a customer for 30 years and never been overdrawn.
03/01/2020
Our customer deposits a $25,000 Treasury check to a new checking account. Our policy says we give the customer five thousand the next day under the special rules for new accounts and the rest on the 9th business day. Is that correct?
02/23/2020
Can we place a hold on a check deposited into a savings account?
02/23/2020
What changes for 2019 and 2020 have been made in Regulation CC Funds Availability?
10/20/2019
When placing a large deposit hold on an amount that exceeds $5,000, are we required to place a case by case hold on the first $5,000?
06/16/2019
Our digital channel team would greatly appreciate your comments and confirmation of our understanding in order to comply with online account opening and funding for new clients with ACH Debits and the ability to hold funds.
The questions below relate to an online account opening process for new clients. After completing the online application, approved clients have the option to fund their new account with funds from an external source – an account they hold at another bank - via an ACH Debit and we are the ODFI.
1. Can we place a hold on the initial funds received as an ACH Debit? Our understanding is “yes” because:
· an ACH debit does not fall under the definition of an electronic payment under Reg. CC (II.Section229.2 Definitions (p)) Electronic Payment, which imposes no availability requirement, and we are free to hold the funds for a period that we determine. Restricting access to those funds would be reasonable to allow for the debit entry to reach the RDFI and be returned to our bank, the ODFI, if there is a problem.
· We are not receiving an ACH credit as we are the ODFI of the ACH debit, and NACHA has no say in when we credit the new account, so there would be no violation of NACHA rules.</ul>
2. Would we be required to provide a hold notice to our online account applicant of the delay in availability or a notice at the time the external funding option is selected that the funds may not be credited to the account for “2-3 days”, or available for “2-3 days” suffice?
Our understanding is:
· a notice that indicates funds may not be available for x days at the time the customer selects the external funding option and submits their authorization should suffice as it becomes part of our agreement when the customer selects that funding option.
· Reg. CC does not impose an availability requirement for ACH Debit transactions, so no Reg. CC hold notice is required.
3. Would our Reg. CC Policy – Funds Availability Notice, need to be updated to refer to availability from ACH Debit transactions?
· Model language is silent in this regard, any recommendations or suggestions are welcome.