Skip to content
BOL Conferences

Thread Options
#453381 - 11/07/05 04:15 PM Check Kiting and Hold Notice
Shopgirl Offline
Diamond Poster
Joined: Aug 2003
Posts: 1,264
Southeast
If we suspect a kite is going on and place a hold on the customer' s account for the amount of any uncollected funds, do we need to send a Hold notice to the customer (I would guess this would come under exception hold for reason to doubt collectibility?)
I believe the answer is yes....I have always been under the impression that when you place a hold on the account.....always send a hold notice....no matter whether done in person at teller station, or the operations department places the hold for some other reason. Right???

Return to Top
Operations Compliance
#453382 - 11/07/05 05:24 PM Re: Check Kiting and Hold Notice
Raymond Offline
Platinum Poster
Raymond
Joined: Jul 2004
Posts: 517
The Land of OZ
Right. Send the notice - resonable cause to doubt collectability. You don't have to give them the $100 availability but you must state the reason for the doubt.

Return to Top
#453383 - 11/07/05 05:41 PM Re: Check Kiting and Hold Notice
RVFlyboy Offline
Power Poster
RVFlyboy
Joined: Oct 2000
Posts: 5,992
Soaring over Georgia
Raymond is right - Reasonable Cause to Doubt Collectibility (RCDC) exception hold would be applicable, no $100 next day availability required, notice to depositor is required. For the RCDC exception, the notice does have to specify why there is reasonable cause, but one available option is to indicate that the bank has confidential information that leads it to have doubts about the collectibility. On the customer's copy of the notice, you do not need to specify what that confidential information is, but on the bank copy (which you must retain for 2 years), you are required to detail what specific confidential information led you to doubt the collectibility (in this case, the fact that the customer was suspected of check kiting because...). You don't need to specifically tip of the customer that you suspect them of check kiting, though.
_________________________
Jim Bedsole, CRCM, CBA, CFSA, CAFP
My posts - my opinions

Return to Top
#453384 - 11/07/05 07:23 PM Re: Check Kiting and Hold Notice
Shopgirl Offline
Diamond Poster
Joined: Aug 2003
Posts: 1,264
Southeast
Thank Raymond and MagicBanker.......exactly the confirmation I was looking for.....what a great avenue to receive such! So, thanks to you BankersOnline!!!!!

Return to Top
#453385 - 11/08/05 08:53 PM Re: Check Kiting and Hold Notice
BrendaC Offline
Power Poster
BrendaC
Joined: Sep 2001
Posts: 6,029
Sweet Home AL
If the customer has been repeatedly overdrawn, we also have an option to provide a one-time notice covering a six-month period.
_________________________
Life without Jesus is like an unsharpened pencil - it has no point.

Return to Top
#453386 - 11/08/05 10:28 PM Re: Check Kiting and Hold Notice
Anonymous
Unregistered

That only works on non-consumer accounts - 12 CFR 229.13(g)(2)

Return to Top
#453387 - 11/08/05 11:09 PM Re: Check Kiting and Hold Notice
RVFlyboy Offline
Power Poster
RVFlyboy
Joined: Oct 2000
Posts: 5,992
Soaring over Georgia
Quote:

That only works on non-consumer accounts - 12 CFR 229.13(g)(2)



Wrong. Your citation for allowing provision of one time notice for non-consumer accounts refers to exceptions under paragraphs (b) and (c) of section 229.13 which relate to redeposited items and large deposits. Your citation says that for non-consumer accounts you can give a one time notice that you are going to apply exception holds for all redeposited items and for all large deposits.

On the other hand, Brenda's point was that you can give a one time notice for repeat overdrafters that is good for six months. That is spelled out at 229.13(g)(3).
_________________________
Jim Bedsole, CRCM, CBA, CFSA, CAFP
My posts - my opinions

Return to Top

Moderator:  Andy_Z, John Burnett