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#120415 - 10/06/03 05:02 PM reg CC question
Anonymous
Unregistered

if you deposit $10,000 check and $2,000 check in one single deposit. YOu put a hold on the $10,000 check, do you have to make the $100 available since you haven't put a hold on the $2,000 check(which will be available next day)? Will the scenario be different if the customer got some cash back with the deposit?
Thanks for your help.

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Operations Compliance
#120416 - 10/06/03 05:20 PM Re: reg CC question
Dan Persfull Offline
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Dan Persfull
Joined: Aug 2002
Posts: 47,533
Bloomington, IN
I'm not a Reg CC expert and don't deal with it on a daily basis, but if I understand it correctly, under Reg. CC you are not putting a hold on individual checks (unless the deposit is only 1 check), you are putting a hold on the total deposit. Therefore you would be able to place your normal hold requirements and only the $100 would have to be made available, and if they took back cash you have made the $100 available (providing the cash back was at least $100).

I'm basing this opinion on 229.10(c)(vii)(b) where it refers to the "aggregate" amount deposited by check or checks.
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The opinions expressed are mine and they are not to be taken as legal advice.

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#120417 - 10/06/03 05:22 PM Re: reg CC question
rlcarey Offline
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rlcarey
Joined: Jul 2001
Posts: 83,396
Galveston, TX
You didn't say what type of checks were deposited, i.e., next-day, local, non-local, as it will make a difference. Do you want to take advantage of the large item exception? Making funds available the next-day or giving cash back will get you to the same place.
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#120418 - 10/06/03 06:22 PM Re: reg CC question
Anonymous
Unregistered

Thanks for the info. Do we still have to make $100 available, if the customer did not receive any cash back? Does it make a difference that you only hold one check, for $100 purposes...

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#120419 - 10/06/03 06:36 PM Re: reg CC question
JacF Offline

Power Poster
Joined: Nov 2001
Posts: 6,719
PA
Like Randy mentioned, the type of check is important. For example, if the $2000 check is a 'next day' item, you will need to provide $100 next day availability from the $10,000 check. But if the $2000 is subject to delayed availability, and you choose not to hold those funds, then you do not need to make any portion of the $10,000 available the next day, because the $2000 more than covers your $100 mandate.

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#120420 - 10/06/03 06:41 PM Re: reg CC question
Anonymous
Unregistered

Ok, the 2,000 check is not a next day item, but we make all funds available the next day, unless there is a hold.
As mentioned above, reg CC applies to the total deposit if you have more than one check... But what if 2 checks deposited but you only want to place a hold on one of them.
So the other item is available the next day.. This is where I am struggling. We already make the funds on the other check available the next day..... do we still have to give another $100?

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#120421 - 10/06/03 06:45 PM Re: reg CC question
rlcarey Offline
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rlcarey
Joined: Jul 2001
Posts: 83,396
Galveston, TX
Look to the aggregate amount of the day's deposits. Since you already made $2,000 available from a local or non-local check, you have no obligation to make any additional funds from other local or non-local checks deposited during that business day - whether they make one deposit or multiple deposits and whether those consist of one other local or non-local check or a thousand of them.
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#120422 - 10/06/03 06:57 PM Re: reg CC question
Anonymous
Unregistered

I feel like I am going around the circle...I am very sorry since this is a very confusing topic for me.
how do you place a hold on multiple deposits.
customer deposits $12,000 in aggregate, but you want to place a hold on $10,000 check. Doesn't that contradict the concept of placing holds on the total deposit?
Do you fill out a hold notice for $10,000 amount?

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#120423 - 10/06/03 07:38 PM Re: reg CC question
MackenzieS Offline
Diamond Poster
MackenzieS
Joined: Jul 2002
Posts: 1,722
Oklahoma
$10,000 - place 2 business day hold if local, 5 if non-local.

$2,000 - already made these funds available to the customer on the next business day, so you do not have to give the customer $100.

The amount of your hold will only be on the $10,000 item. This scenario will change if you envoke the Large Deposit Exception hold.

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#120424 - 10/17/03 07:21 AM Re: reg CC question
Princess Romeo Offline

Power Poster
Princess Romeo
Joined: Jun 2001
Posts: 8,272
Where the heart is
If you are placing a "Case-by-Case" hold and neither of the checks were a "Next-Day" item, then your hold would be like this:

TOTAL DEPOSIT - $12,000
AMOUNT AVAILABLE NEXT BUSINESS DAY - $2,000
AMOUNT AVAILABLE IN (2 or 5) BUSINESS DAYS - $10,000
2 days if the item is local
5 days if the item is non-local


If you are placing a Large Deposit hold, and neither of the checks were a "Next-Day" item, then your hold would be like this:

TOTAL DEPOSIT - $12,000
AMOUNT AVAILABLE THE NEXT BUSINESS DAY - $2,000
AMOUNT AVAILABLE IN (2 or 5 ) BUSINESS DAYS - $3,000
AMOUNT AVAILABLE IN (7 or 11) BUSINESS DAYS - $7,000
2 days and 7 days if the item is local
5 days and 11 days if the item is non-local
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