Skip to content
BOL Conferences
Learn More - Click Here!

Thread Options
#917182 - 03/07/08 04:25 PM Reg. CC rules
moola40 Offline
Member
Joined: Nov 2003
Posts: 98
Can anyone explain the $400 rule in Reg. CC or give me a website to go to that explains this? I know about the $100 rule but I need info on the $400 rule.

Return to Top
Operations Compliance
#917258 - 03/07/08 04:56 PM Re: Reg. CC rules moola40
Marnie Offline
Gold Star
Joined: Nov 2007
Posts: 437
Nevada
From Regulation CC

Sec. 229.12 Availability schedule
(d) Time period adjustment for withdrawal by cash or similar means. A depositary bank may extend by one business day the time that funds deposited in an account by one or more checks subject to paragraphs (b), (c), or (f) of this section are available for withdrawal by cash or similar means. Similar means include electronic payment, issuance of a cashier's or teller's check, or certification of a check, or other irrevocable commitment to pay, but do not include the granting of credit to a bank, a Federal Reserve Bank, or a Federal Home Loan Bank that presents a check to the depositary bank for payment. A depositary bank shall, however, make $400 of these funds available for withdrawal by cash or similar means not later than 5:00 p.m. on the business day on which the funds are available under paragraphs (b), (c), or (f) of this section. This $400 is in addition to the $100 available under Sec. 229.10(c)(1)(vii).

Return to Top
#919010 - 03/10/08 09:40 PM Re: Reg. CC rules Marnie
John Burnett Offline
10K Club
John Burnett
Joined: Oct 2000
Posts: 40,086
Cape Cod
The $400 rule requires that you have a processing system capable of incrementing up availability at 5 p.m.

Let's say you have a non-local check of $1,000 deposited on Monday. You have to make $100 available for withdrawal on Tuesday, and the balance of the check should be made available for withdrawal on Monday of the following week (five business days). If you use the $400 rule, you can prevent your depositor from withdrawing CASH from that $900 on the fifth day (Monday) until 5 p.m. At 5 p.m., you have to free up cash access of $400, and the remaining $500 must be available for cash withdrawal by the opening of business (or 9 a.m. at latest) on Tuesday.

That only applies to cash access. So it could prevent ATM withdrawals, check certification, teller withdrawals, POS authorizations. At 4 p.m., the balances against which ATM and POS transactions are authorized would have to be refreshed with the newly-available $400. And all day long on Monday, any inclearing checks would have to be paid against that $900 (remember, it only affects cash access).

The wrinkle was a "bone" that got thrown to bankers who argued that cash access on day 2 or 5 would expose them to too much check fraud risk.
_________________________
John S. Burnett
BankersOnline.com
Fighting for Compliance since 1976
Bankers' Threads User #8

Return to Top

Moderator:  Andy_Z, John Burnett