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Reasonable Cause Holds

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Question: 
We are a small community bank that maintains strong connections with our customer base. From time to time, a customer we know well brings us a check for deposit that's accompanied by a seemingly legitimate backstory. But the appearance of the check, based on our experience leads us to believe that the check may not be paid because not ALL of the boxes can be checked to rule out that that it's a fraudulent check. Knowing our customers we tend to give them the benefit of the doubt by accepting the check for deposit and placing a Reasonable Cause hold for 4-5 days. Our acceptance of the check is done in good faith that our customer's story is legitimate and our Reasonable Cause hold is done as a means of ensuring that our customer doesn't end up on the wrong side of a scam. I have read several opinions which state the ONLY course of action that's entirely compliant is to refuse to accept the check for deposit. Most opinions are that we simply cannot place a hold for Reasonable Cause to Doubt Collectibility in this situation. Even after completing due diligence on the check and the facts offered by the customer, by refusing a check where some facts indicate authenticity and others indicate potential fraud, why would we not be allowed to try in good faith to accept the check, while protecting our customer from potential loss by way of a Reasonable Cause hold? After all, the teller has formed a "well grounded belief that the check MIGHT not be paid," but is also acting in good faith on behalf--and in favor--of our customer. We are all advocates for our customers, and simply refusing to accept a check for deposit simply because we couldn't check off EVERY box that it isn't a fraudulent check, seems counterintuitive to the consumer-favoring language of Reg CC.
Answer: 

Holds are to protect the bank, not the customer. Regulation CC protects the customer by limited how long you can place holds and what reasons you can utilize to place them. Giving your customer the benefit of the doubt means that your institution is accepting the risk of a) being criticized in a compliance exam for placing a hold without a reasonable cause to do so or b) taking a loss because the check bounces and your customer withdraws the funds prior to the bank finding out that the check is no good.

The middle ground to accommodating your customer and protecting the bank is to send the check for collections to the drawee bank and request a cashier's check in return if the check is valid. Some institutions may also permit the check to be deposited into savings or money market account since Regulation CC does not apply to those accounts and place a longer hold. (Note some state laws require that funds availability be the same for demand and savings accounts so this option may not be available to all institutions. Check with legal counsel before implementing this option.

First published on 10/27/2024

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