If a check deposited to a savings account is one listed as a next day item, can we still place a case by case hold on it when depositd to a savings account? Our policy is to make funds deposited available the next business day. We often place holds funds deposited to savings accounts. For deposits to savings accounts We try to follow the same procedures we do for checks deposited to checking accounts.

Yes. Reg CC hold provisions generally do not apply to savings accounts.

Fixed. Reg CC doesn't apply to savings/MMDA...you can hold as long as you need to.

But remember to check state laws as well --- some states require that Savings accounts have Regulation CC hold time frames applied.

If there are no state law restrictions and if the bank has not inadvertently included savings accounts in their funds availability policy, then savings and MMDA are excluded from coverage. Since I don't know the state of the OP and what their policy states, my reply used the "generally" umbrella

FWIW, I wasn't trying to be a smartie pants. I didn't even think about the possibility of a stricter state law re holds on accounts...although I should have!

But technically speaking of Reg CC...it doesn't apply.

Curiously, to J Hunt...have you seen a state law that uses the verbiage "Reg CC" or EFA in regard to their requirements?

Just purely curious.

Check you REG CC/EFAA policy/procedure.

Ours states that we treat non-transaction accounts the same as we do transaction accounts for the purpose of Reg CC.

Massachusetts General Laws, Chapter 167D, Sec. 35 defines "account" as "any demand deposit, negotiable withdrawal order account, savings deposit, share account or other asset account;" .... and then goes on to require a policy disclosure relating to funds availability, and "except as provided herein [the inclusion of savings and other accounts], such disclosure and relevant availability requirements shall be in accordance with the provisions of the Expedited Funds Availability Act, 12 USC 4001 et seq. and regulations promulgated thereunder."

I have referenced this section of Regulation CC for my CA bank clients:
Section 229.20(c)(2) of Regulation CC provides that inconsistency may exist when a state law provides for disclosures or notices concerning funds availability relating to accounts. California Financial Code §866.2 requires disclosures that differ from those required by Regulation CC and, therefore, is preempted to the extent that it applies to accounts as defined in Regulation CC. The state law continues to apply to savings accounts and other accounts not governed by Regulation CC disclosure requirements.