[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: 12CFR229.12]



[Page 547-548]

 

                       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 B_Availability of Funds and Disclosure of Funds Availability 

                                Policies

 

Sec. 229.12  Availability schedule.



    (a) Effective date. The availability schedule contained in this 

section is effective September 1, 1990.

    (b) Local checks and certain other checks. Except as provided in 

paragraphs (d), (e), and (f) of this section, a depository bank shall 

make funds deposited in an account by a check available for withdrawal 

not later than the second business day following the banking day on 

which funds are deposited, in the case of--

    (1) A local check;

    (2) A check drawn on the Treasury of the United States that is not 

governed by the availability requirements of Sec. 229.10(c);



[[Page 548]]



    (3) A U.S. Postal Service money order that is not governed by the 

availability requirements of Sec. 229.10(c); and

    (4) A check drawn on a Federal Reserve Bank or Federal Home Loan 

Bank; a check drawn by a state or unit of general local government; or a 

cashier's, certified, or teller's check; if any check referred to in 

this paragraph (b)(4) is a local check that is not governed by the 

availability requirements of Sec. 229.10(c).

    (c) Nonlocal checks--(1) In general. Except as provided in 

paragraphs (d), (e), and (f) of this section, a depositary bank shall 

make funds deposited in an account by a check available for withdrawal 

not later than the fifth business day following the banking day on which 

funds are deposited, in the case of--

    (i) A nonlocal check; and

    (ii) A check drawn on a Federal Reserve Bank or Federal Home Loan 

Bank; a check drawn by a state or unit of general local government; a 

cashier's, certified, or teller's check; or a check deposited in a 

branch of the depositary bank and drawn on the same or another branch of 

the same bank, if any check referred to in this paragraph (c)(1)(ii) is 

a nonlocal check that is not governed by the availability requirements 

of Sec. 229.10(c).

    (2) Nonlocal checks specified in appendix B-2 to this part must be 

made available for withdrawal not later than the times prescribed in 

that Appendix.

    (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).

    (e) Extension of schedule for certain deposits in Alaska, Hawaii, 

Puerto Rico, and the U.S. Virgin Islands. The depositary bank may extend 

the time periods set forth in this section by one business day in the 

case of any deposit, other than a deposit described in Sec. 229.10, 

that is--

    (1) Deposited in an account at a branch of a depositary bank if the 

branch is located in Alaska, Hawaii, Puerto Rico, or the U.S. Virgin 

Islands; and

    (2) Deposited by a check drawn on or payable at or through a paying 

bank not located in the same state as the depositary bank.

    (f) Deposits at nonproprietary ATMs. A depositary bank shall make 

funds deposited in an account at a nonproprietary ATM by cash or check 

available for withdrawal not later than the fifth business day following 

the banking day on which the funds are deposited.



[53 FR 19433, May 27, 1988, as amended by Reg. CC, 55 FR 50818, Dec. 11, 

1990; 56 FR 7801, Feb. 26, 1991; 56 FR 66343, Dec. 23, 1991; 57 FR 

36601, Aug. 14, 1992; 60 FR 51670, Oct. 3, 1995]