I know Reg CC applies to transaction accounts and not savings accounts. Despite this, our Funds Availability Policy that is given to customers when opening new accounts states "This policy statement applies to transaction accounts and savings accounts".

Having disclosed this to savings account holders, I'm assuming we must apply the same practices when applying holds on checks deposited to savings accounts (maximum hold length, first $100 available, etc.). Since we state in the policy that the depositor will be given a notice if we delay funds, should we also be providing a notice when a hold is placed on a savings account?

I'm wondering if we'll be criticized for providing a hold notice when Reg CC doesn't apply, or if the contrary is true, and we'll be cited for not providing notice?

I believe you would be cited for not providing the notice, if that's what you state in your policy.

Because you have stated that your Funds Availablity Policy applies to both transaction accounts and savings accounts, you would not be in compliance with your own policy with regards savings accounts. I don't think they can cite non-compliance with the Reg, it would be non-compliance with your own policy.

+1 on Doug's comments. If the examiners looked at savings, (my OCC never did, they wanted savings excluded from samples) you wouldn't be cited under CC because it doesn't apply. But you aren't following your own policy IF you say notices will be provided in writing. Perhaps you should differentiate transaction - savings in your policy as to what you'll do. But you should do what you say you will.