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#388840 - 07/21/05 12:22 AM Confused about Holds on Cashier's/Official Checks
complyami Offline
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complyami
Joined: Feb 2003
Posts: 134
[quote
Quote:

If the Cashier Check is not drawn on your bank a hold can be placed on the Cashiers Check per Reg CC definition of Cashier's Check is it must be drawn on different bank in order to be eligible for a hold. See below from Reg CC and Commentary.

This quote is from a June thread, and I'm a bit confused... Is it true that we can place a hold on CC,Official Checks, etc if they are not drawn on our bank. Also, I've been told that we can use certain exception hold reasons, i.e, reasonable cause and large dollar holds on cashier's check. I'm not sure I can support and I don't necessarily see it spelled out in Appendix E ...Can any one out there help me?

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#388841 - 07/21/05 02:08 PM Re: Confused about Holds on Cashier's/Official Che
John Burnett Offline
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John Burnett
Joined: Oct 2000
Posts: 40,086
Cape Cod
Cashier's checks and Teller's checks are normally next-day availability items, assuming they are deposited in person with an employee of the bank to the account of a payee of the check, and that a special deposit ticket (if required by the bank) is used.

The first $5,000 of these checks must be available on the business day following the banking day of deposit, unless you place a hold under one of the following paragraphs of section 229.13:
  • 229.13(d) - Repeated overdrafts.

  • 229.13(e) - Reasonable cause to doubt collectibility. This must be based on actual information that suggests the check isn't going to be paid, not on a lack of information (such as a bank's unwillingness to confirm the check).

  • 229.13(f) - Emergency conditions


Two other exception hold types can be placed, but each requires that the first $5,000 of cashier's or teller's checks be available on the day after deposit:
  • 229.13(a) - New account. If your account can be classed as a "new account" under the regulation, you can hold the excess over $5,000 until the 9th business day after deposit.

  • 229.13(b) - Large Deposit. If the aggregate of checks deposited to the customer's accounts on one day is more than $5,000, you can hold the excess over $5,000 until the 7th (local checks) or 11th (nonlocal checks) business day following the banking day of deposit. That includes cashier's and teller's checks.


Because a valid cashier's or teller's check would never be returned for NSF, the 229.13(c) - Reseposited check exception won't apply.
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#388842 - 07/21/05 09:22 PM Re: Confused about Holds on Cashier's/Official Che
Georgia Golfer Offline
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Georgia Golfer
Joined: Jun 2003
Posts: 415
1st Tee
Am I correct that if a check is labeled as a Cashiers Check or an Official Check, but it is payable through another financial institution (typically noted on the bottom left of the check) or has a void after x number of days, then the check is not a next day item & can be held based on it's routing number.

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#388843 - 07/21/05 09:26 PM Re: Confused about Holds on Cashier's/Official Che
complyami Offline
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complyami
Joined: Feb 2003
Posts: 134
Thanks so much for your help, after seeing your response I was able to go back thru the requirements in Reg CC. We should be better able to understand some of the issues we've been dealing with lately !! Awesome!

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#388844 - 07/21/05 09:32 PM Re: Confused about Holds on Cashier's/Official Che
John Burnett Offline
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John Burnett
Joined: Oct 2000
Posts: 40,086
Cape Cod
Quote:

Am I correct that if a check is labeled as a Cashiers Check or an Official Check, but it is payable through another financial institution (typically noted on the bottom left of the check) or has a void after x number of days, then the check is not a next day item & can be held based on it's routing number.




Sorry, but that dog won't hunt. If the check is drawn by one bank upon another bank, it won't be a cashier's check, but it will be a teller's check. It matters not whether it's mislabeled. It will still be a next day item.

As for the "void after ..." caption, it won't nullify the nature of the check. Rather, the nature of the check could nullify the caption.

Ignore the caption. If the check qualifies as a cashier's check or teller's check based on its parties (drawer and drawee), treat it as a next day item. Then consider whether you wish to accept it for deposit at all (if it's more than 90 days old it could be subject to a lost/stolen/destroyed claim), or hit it with an exception hold if it qualifies for one.
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John S. Burnett
BankersOnline.com
Fighting for Compliance since 1976
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