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#546423 - 05/11/06 03:31 PM cashiers checks nonlocal?
Baker Offline
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The regulation states that cashier's checks must be given next day availability. Is the next day availability impacted by whether or not the check is local or nonlocal. One of our PBRs placed a 5 day case by case hold on a nonlocal cashier's check. The reason for the hold stated was that it was nonlocal. Am I correct in my interpertations that cashier's checks can not have a case by case hold placed on them and always must be given next day availability unless an exception hold is enforced?
Last edited by baker; 05/11/06 03:33 PM.
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#546424 - 05/11/06 03:39 PM Re: cashiers checks nonlocal?
SP Offline
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That's my understanding. You can only place a hold on cashiers check if you have significant reason to believe it will be returned. Our policy is that all cashier's checks have to be verified by the bank they were issued from.
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#546425 - 05/11/06 03:42 PM Re: cashiers checks nonlocal?
Elwood P. Dowd Offline
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Yes, aside from the few exception holds that are available, a cashiers check deposited to the account of the payee in person to a bank employee is a next day availability item. That is true regardless of whether the check is local or nonlocal or whether its authenticity can be verified in advance.
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#546426 - 05/11/06 03:44 PM Re: cashiers checks nonlocal?
PJ Offline
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With some exceptions, cashier's checks are next day availability unless you invoke the large deposit exception hold or the new account hold. In those cases, the 1st $5,000 still has to be available next business day. Exceptions include if the deposit is not made in person or deposited to the account of the payee, or deposited in a nonproprietary ATM.

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#546427 - 05/11/06 03:53 PM Re: cashiers checks nonlocal?
Chiquita Banana Offline
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Since systems are so automated now and since cashiers checks don't have anything defined in the MICR...how do you insure that next day availability is being applied?
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#546428 - 05/11/06 04:02 PM Re: cashiers checks nonlocal?
Baker Offline
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I contacted the personal banker who said she placed the hold because the check was a cashier's check drawn on a Tennesee bank (we are in Washington) and she wasn't sure of the authenticity of the check. The check did not have any of the bank's contact information on it and she could not contact the bank. In addition she said the check was unusual for the customer who said it was a loan. I told her she could not use prejudice just because the check was a cashiers check, but do her other suspicions give her reasonable grounds to place an exception hold under "doubt collectibility"?

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#546429 - 05/11/06 04:08 PM Re: cashiers checks nonlocal?
Baker Offline
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Some banks have special deposit slips to identify these. However, I think the reg said something about this being covered in the disclosures if a blanket hold is placed on all deposits.

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#546430 - 05/11/06 04:09 PM Re: cashiers checks nonlocal?
PJ Offline
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Quote:

Since systems are so automated now and since cashiers checks don't have anything defined in the MICR...how do you insure that next day availability is being applied?



For us - moot point -- we give next day availability on everything unless we place a hold.

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#546431 - 05/11/06 04:11 PM Re: cashiers checks nonlocal?
PJ Offline
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That is one of the exceptions - if you require the use of a special deposit slip and it(the special deposit slip) is not used, then the check would be subject to the local/nonlocal schedules.

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#546432 - 05/11/06 04:24 PM Re: cashiers checks nonlocal?
PJ Offline
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Quote:

I contacted the personal banker who said she placed the hold because the check was a cashier's check drawn on a Tennesee bank (we are in Washington) and she wasn't sure of the authenticity of the check. The check did not have any of the bank's contact information on it and she could not contact the bank. In addition she said the check was unusual for the customer who said it was a loan. I told her she could not use prejudice just because the check was a cashiers check, but do her other suspicions give her reasonable grounds to place an exception hold under "doubt collectibility"?



Sorry, I left out the reasonable cause exception -- if you can invoke that, then you are under the local/nonlocal rules. The commentary to 229.13(e) gives some guidance on this exception.

Just my personal opinion, but if I have real questions about the veracity of the item or have other reasons to really doubt collectibility, I always wonder if we've considered not accepting the deposit. I think sometimes we forget that Reg CC doesn't require us to accept a deposit - it just provides a framework for making those funds available if we do. (ok - end of soap box comments! )

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#546433 - 05/11/06 04:35 PM Re: cashiers checks nonlocal?
Elwood P. Dowd Offline
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Quote:

...do her other suspicions give her reasonable grounds to place an exception hold under "doubt collectibility"?




No, definitely not. While I agree that it is suspcious, you must have some actual basis for believing this particular item will not be paid. You must also document what that reason was and retain the information for two years. So far, you don't have anything.
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#678160 - 02/01/07 10:48 PM Re: cashiers checks nonlocal? PJ
MadisonCali Offline
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Originally Posted By: PJ
With some exceptions, cashier's checks are next day availability unless you invoke the large deposit exception hold or the new account hold. In those cases, the 1st $5,000 still has to be available next business day. Exceptions include if the deposit is not made in person or deposited to the account of the payee, or deposited in a nonproprietary ATM.


If a 'next day' item is a third party check, or if it's not made in person...what are the holding guidelines? Does it then depend just if it's local or non-local, no matter what the item is?
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#678250 - 02/02/07 12:26 PM Re: cashiers checks nonlocal? MadisonCali
RVFlyboy Offline
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If the "next day" item is being deposited into an account that does not belong to the payee of the check, the item becomes an ordinary local or non-local check and is subject to both case-by-case and exception holds.

If the "next day" item is being deposited into an account of the payee, but is not being deposited in person, availability must be made by the second business day following deposit, unless an exception hold reason applies. This is spelled out in 229.10(c)(2).
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#678302 - 02/02/07 02:15 PM Re: cashiers checks nonlocal? RVFlyboy
MadisonCali Offline
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Thanks for the clarification...
Have a great day!
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#679358 - 02/03/07 07:14 PM Re: cashiers checks nonlocal? MadisonCali
John Burnett Offline
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The "in-person" requirement does not apply to checks on the U.S. Treasury for some reason. You can delay availability of cash deposited in an ATM for a day, but not a U.S. Treasury check! Go figure.
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