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#675536 - 01/30/07 05:16 PM New Account Holds
YHWB Offline
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What is the max length of time you can hold local/non-local checks for a new account? Where is the site? Thanks.
229.13 Exceptions.

(a) New accounts. For purposes of this paragraph, checks subject to § 229.10(c)(1)(v) include traveler's checks. (1) A deposit in a new account--
(i) Is subject to the requirements of § 229.10 (a) and (b) to make funds from deposits by cash and electronic payments available for withdrawal on the business day following the banking day of deposit or receipt;
(ii) Is subject to the requirements of § 229.10(c)(1)(i) through (v) and § 229.10(c)(2) only with respect to the first $5,000 of funds deposited on any one banking day; but the amount of the deposit in excess of $5,000 shall be available for withdrawal not later than the ninth business day following the banking day on which funds are deposited; and
(iii) Is not subject to the availability requirements of §§ 229.10(c)(1)(vi) and (vii) and 229.12.

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#675562 - 01/30/07 05:34 PM Re: New Account Holds YHWB
Happy Birthday #12 Offline
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What does your funds availability policy say?
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#675613 - 01/30/07 06:16 PM Re: New Account Holds #12
YHWB Offline
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I don't think that provides me with the regulatory requirements, which is what I am looking for.

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#675626 - 01/30/07 06:24 PM Re: New Account Holds YHWB
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I believe the regulatory requirements require you to state the length of time you will hold on new accounts in your funds availability policy. If it's not there, you can't do it.
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#675627 - 01/30/07 06:25 PM Re: New Account Holds #12
YHWB Offline
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Where is that site?

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#675636 - 01/30/07 06:31 PM Re: New Account Holds YHWB
Happy Birthday #12 Offline
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Well, I was just looking for it and I can't find it in the regulation or the commentary. It is in my manual from Banker's Compliance Consulting (David Dickinson).

So in other words, never mind!
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#675650 - 01/30/07 06:39 PM Re: New Account Holds #12
Happy Birthday #12 Offline
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Actually, refer to section 229.16. It states "A bank may impose longer delays on a case-by-case basis or by invoking one of the exceptions in Sec. 229.l3, provided this is reflected in the disclosure. "
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#675655 - 01/30/07 06:42 PM Re: New Account Holds #12
YHWB Offline
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Back to the original question, what is the maximum allowed? Is there one?

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#675666 - 01/30/07 06:49 PM Re: New Account Holds YHWB
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From the commentary to Reg CC: "2. Rules Applicable to New Accounts.

a. During the new account exception period, the schedules for local and nonlocal checks do not apply, and, unlike the other exceptions provided in this section, the regulation provides no maximum time frames within which the proceeds of these deposits must be made available for withdrawal. Maximum times within which funds must be available for withdrawal during the new account period are provided, however, for certain other deposits. Deposits received by cash and electronic payments must be made available for withdrawal in accordance with Sec. 229.10.

b. Special rules also apply to deposits of Treasury checks, U.S. Postal Service money orders, checks drawn on Federal Reserve Banks and Federal Home Loan Banks, state and local government checks, cashier's checks, certified checks, teller's checks, and, for the purposes of the new account exception only, traveler's checks. The first $5,000 of funds deposited to a new account on any one banking day by these check deposits must be made available for withdrawal in accordance with Sec. 229.10(c). Thus, the first $5,000 of the proceeds of these check deposits must be made available on the first business day following deposit, if the deposit is made in person to an employee of the depositary bank and the other conditions of next-day availability are met. Funds must be made available on the second business day after deposit for deposits that are not made over the counter, in accordance with Sec. 229.10(c)(2). (Proceeds of Treasury check deposits must be made available on the first business day after deposit, even if the check is not deposited in person to an employee of the depositary bank.) Funds in excess of the first $5,000 deposited by these types of checks on a banking day must be available for withdrawal not later than the ninth business day following the banking day of deposit. The requirements of Sec. 229.10(c)(1)(vi) and (vii) that "on us" checks and the first $100 of a day's deposit be made available for withdrawal on the next business day do not apply during the new account period"

So in short, it depends on what the deposit is. If it's a check as described in Part B above, you quoted that section. The first $5,000 must be available on the first business day following deposit, the rest, no more than 9 days after deposit. For local and nonlocal checks, your funds availability policy should state your practice.
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#675680 - 01/30/07 06:56 PM Re: New Account Holds #12
YHWB Offline
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PERFECT! Thanks!

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#675686 - 01/30/07 06:57 PM Re: New Account Holds YHWB
Happy Birthday #12 Offline
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Posts: 1,343
It took me awhile to get there!
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