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#222605 - 08/02/04 07:39 PM Reg. CC $100 Availability
cnakashige Offline
Member
Joined: Jul 2002
Posts: 61
I've done a search but haven't been able to get an answer to my question. Our Reg. CC policy is to make all checks available for next day availability unless we apply a hold. If we have a customer deposit let's say three different checks and we apply a hold to only one of the checks, do we need to give an additional $100 next day availability to the one check we hold funds on? The commentary to 229.10(c) is not real clear in this respect in my opinion. Thanks for any help offered.

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General Discussion
#222606 - 08/02/04 08:22 PM Re: Reg. CC $100 Availability
Anonymous
Unregistered

When I read it, I understand that is $100 of a days deposit. I use this method in may bank, I have been examined and have had not problems. It simply states $100 not $100 per check.

good luck,

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#222607 - 08/02/04 08:27 PM Re: Reg. CC $100 Availability
Walleye Woman Offline
Platinum Poster
Walleye Woman
Joined: Jul 2002
Posts: 832
229.10(c)5 says "The Act and regulation also require that up to $100 of the aggregate deposit by check or checks not subject to next-day availability on any one banking day be made available on the next business day." I interpret this to mean that you've already given the customer the availability of the other checks, assuming they total over $100 so you do not need to hold an additional $100.
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#222608 - 08/02/04 08:36 PM Re: Reg. CC $100 Availability
NHBankGuy Offline
Junior Member
NHBankGuy
Joined: Jan 2002
Posts: 35
Manchester, NH
Funds made available on types of checks that must be given next day availability by Reg CC (cashiers checks, govt checks, etc...) do not count toward the $100 that must be made available next day on check deposits. See commentary on 229.10:

b. The $100 that must be made available under this rule is in addition to the amount that must be made available for withdrawal on the business day after deposit under other provisions of this section. For example, if a customer deposits a $1,000 Treasury check, and a $1,000 local check in its account on Monday, $1,100 must be made available for
withdrawal on Tuesday--the proceeds of the $1,000 Treasury check, as well as the first $100 of the local check.


So for the $100 rule, you need to total all checks deposited on a business day that ARE NOT subject to next day availability by rule and make $100 of that total available.

In your question you ask:
If we have a customer deposit let's say three different checks and we apply a hold to only one of the checks, do we need to give an additional $100 next day availability to the one check we hold funds on?

If the two checks you don't hold total at least $100 and are not checks that you have to make available next day by law, then you don't need to release additional funds.
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Opinions are not necessarily those of my employer and should not be construed as legal advice.

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