[Code of Federal Regulations]

[Title 12, Volume 3]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 12CFR229.1]



[Page 539-540]

 

                       TITLE 12--BANKS AND BANKING

 

                   CHAPTER II--FEDERAL RESERVE SYSTEM

 

PART 229_AVAILABILITY OF FUNDS AND COLLECTION OF CHECKS (REGULATION CC)

--Table of Contents

 

                            Subpart A_General

 

Sec. 229.1  Authority and purpose; organization.









                            Subpart A_General



Sec.

229.1 Authority and purpose; organization.

229.2 Definitions.

229.3 Administrative enforcement.



  Subpart B_Availability of Funds and Disclosure of Funds Availability 

                                Policies



229.10 Next-day availability.

229.11 [Reserved]

229.12 Availability schedule.

229.13 Exceptions.

229.14 Payment of interest.

229.15 General disclosure requirements.

229.16 Specific availability policy disclosure.

229.17 Initial disclosures.

229.18 Additional disclosure requirements.

229.19 Miscellaneous.

229.20 Relation to state law.

229.21 Civil liability.



                     Subpart C_Collection of Checks



229.30 Paying bank's responsibility for return of checks.

229.31 Returning bank's responsibility for return of checks.

229.32 Depositary bank's responsibility for returned checks.

229.33 Notice of nonpayment.

229.34 Warranties.

229.35 Indorsements.

229.36 Presentment and issuance of checks.

229.37 Variation by agreement.

229.38 Liability.

229.39 Insolvency of bank.

229.40 Effect of merger transaction.

229.41 Relation to State law.

229.42 Exclusions.

229.43 Checks payable in Guam, American Samoa, and the Northern Mariana 

          Islands.



                       Subpart D_Substitute Checks



229.51 General provisions governing substitute checks.

229.52 Substitute check warranties.

229.53 Substitute check indemnity.

229.54 Expedited recredit for consumers.

229.55 Expedited recredit for banks.

229.56 Liability.

229.57 Consumer awareness.

229.58 Mode of delivery of information.

229.59 Relation to other law.

229.60 Variation by agreement.



Appendix A to Part 229--Routing Number Guide to Next-Day Availability 

          Checks and Local Checks

Appendix B to Part 229--Reduction of Schedules for Certain Nonlocal 

          Checks

Appendix C to Part 229--Model Availability Policy Disclosures, Clauses, 

          and Notices; Model Substitute Check Policy Disclosure and 

          Notices

Appendix D to Part 229--Indorsement, Reconverting Bank Identification, 

          and Truncating Bank Identification Standards



[[Page 540]]



Appendix E to Part 229--Commentary

Appendix F to Part 229--Official Board Interpretations; Preemption 

          Determinations



    Authority: 12 U.S.C. 4001-4010, 12 U.S.C. 5001-5018.



    Source: 53 FR 19433, May 27, 1988, unless otherwise noted.







    (a) Authority and purpose. This part is issued by the Board of 

Governors of the Federal Reserve System (Board) to implement the 

Expedited Funds Availability Act (12 U.S.C. 4001-4010) (the EFA Act) and 

the Check Clearing for the 21st Century Act (12 U.S.C. 5001-5018) (the 

Check 21 Act).

    (b) Organization. This part is divided into subparts and appendices 

as follows--

    (1) Subpart A contains general information. It sets forth--

    (i) The authority, purpose, and organization;

    (ii) Definition of terms; and

    (iii) Authority for administrative enforcement of this part's 

provisions.

    (2) Subpart B of this part contains rules regarding the duty of 

banks to make funds deposited into accounts available for withdrawal, 

including availability schedules. Subpart B of this part also contains 

rules regarding exceptions to the schedules, disclosure of funds 

availability policies, payment of interest, liability of banks for 

failure to comply with Subpart B of this part, and other matters.

    (3) Subpart C of this part contains rules to expedite the collection 

and return of checks by banks. These rules cover the direct return of 

checks, the manner in which the paying bank and returning banks must 

return checks to the depositary bank, notification of nonpayment by the 

paying bank, indorsement and presentment of checks, same-day settlement 

for certain checks, the liability of banks for failure to comply with 

subpart C of this part, and other matters.

    (4) Subpart D of this part contains rules relating to substitute 

checks. These rules address the creation and legal status of substitute 

checks; the substitute check warranties and indemnity; expedited 

recredit procedures for resolving improper charges and warranty claims 

associated with substitute checks provided to consumers; and the 

disclosure and notices that banks must provide.



[53 FR 19433, May 27, 1988, as amended at 57 FR 36598, Aug. 14, 1992; 57 

FR 46972, Oct. 14, 1992; Reg. CC, 60 FR 51670, Oct. 3, 1995; 69 FR 

47309, Aug. 4, 2004]