I have a question. In doing research on Regulation CC I cannot figure out in what instances a nine day hold would be placed and when to place an eleven day hold.

In my reading, under Special Rules for new accounts, it states that; the excess over $5000 in checks (not no hold items) will be available on the ninth business day after the day of deposit. In another publication it states 11 business days.

Which is correct?

Please advise.

If you are using a new-account hold, the nine-business-day limit applies only to the amount of "next day" items -- other than on-us checks -- in excess of $5,000.

However, because you could opt instead to use a large deposit exception hold on deposited items in excess of $5,000, if any of the next-day items is drawn on a non-local bank, you can hold the excess over $5,000 of those items for 11 business days.

To further confuse the matter, your bank has the right to choose how long the excess new account hold period is. It could be 24 days if that is what you choose. But whatever number you choose, you must disclose it in your Funds Availability Policy in the "New Accounts" section and you must apply it consistently. If you are only going to use the "new account" exception hold sporadically, you should change the statement that says "special rules will apply to new accounts..." to instead say that they "MAY" apply.

Most institutions just use the 11 day holds for New Accounts because it's just easier - their systems are set up to calculate an 11 day hold, all training and reference information only goes up to 11 days, etc.

The one kicker is that 9 day limit for the amount of Next Day items in excess of $5,000.