Reg CC HELP-quickly

I know this answer but cannot find it when I need it, so your help would be appreciated.

Your customer brings in a non local check for $3,000 which you want to place a hold on. They deposit only $2,800 of this item and you give them $200 cash back ($100 for next day plus, they have some funds in their account).

The hold on a case by case basis is for $3,000 correct? Essentially more than the deposit.

If you're doing a case-by-case hold, then the 1st $100 must be available and cannot be held. You would place the hold for $2900.00.

You have essentially cashed a portion of the check and that satisfies your need to make the first $100 available on a next day basis. You cannot put a hold on the second $100 unless your initial disclosure mentions the possibility that you would put a hold on the account when a check was cashed instead of deposited.

Otherwise, your maximum hold amount is $2800.

Our initial disclosure does state this piece, so the hold would be for $2,900 as stated correct?

Yes.

Reg CC says that $100 must be made available on the "day's check deposits". How much cash was given to the customer is irrelevant. The check was for $3000 and, as long as it is a check that is eligible for a hold, you can hold up to $2900. By holding $2800, you are giving them the first $200 available (which you can still do....nothing in Reg CC says that you can ONLY make $100 available).