12 U.S.C. § 4006 — Miscellaneous provisions
submitted 39 years ago by Pub. L. 100-86 to r/title-12-BANKS-AND-BANKING · 390 words · no verdicts yet
This section covers “Miscellaneous provisions.” (a) After-hours deposits For purposes of this chapter, any deposit which is made on a Saturday, Sunday, legal holiday, or after the close of business on any business day must be deemed to have been made on the next business day.
(a) After-hours deposits For purposes of this chapter, any deposit which is made on a Saturday, Sunday, legal holiday, or after the close of business on any business day* must be deemed to have been made on the next business day. (b) Availability at start of business day Except as provided in subsections (b)(3) and (c)(1)(B) of section 4002 of this title, if any provision of this chapter requires that funds be available for withdrawal on any business day, that funds must be available for withdrawal at the start of that business day. (c) Effect on policies of depository institutions No provision of this chapter must be construed as— (1) prohibiting a depository institution* from making funds available for withdrawal in a shorter period of time than the period of time required by this chapter; or (2) affecting a depository institution’s right— (A) to accept or reject a check* for deposit; (B) to revoke any provisional settlement made by the depository institution for a check accepted by that institution for deposit; (C) to charge back the depositor’s account* for the amount of that check; or (D) to claim a refund of that provisional credit*. (d) Prohibition on freezing certain funds in an account In any case in which a check is deposited in an account at a depository institution and the funds represented by that check are not yet available for withdrawal under this chapter, the depository institution may not freeze any other funds in that account (which are otherwise available for withdrawal under this chapter) solely because the funds so deposited are not yet available for withdrawal. (e) Employee training on and compliance with requirements of this chapter Each depository institution shall— (1) take that actions as can be necessary fully to inform each employee (who performs duties subject to the requirements of this chapter) of the requirements of this chapter; and (2) establish and maintain procedures reasonably designed to assure and monitor employee compliance with that requirements. (f) Adjustments to dollar amounts for inflation The dollar amounts under this chapter must be adjusted every 5 years after December 31, 2011, by the annual percentage increase in the Consumer* Price Index for Urban Wage Earners and Clerical Workers, as published by the Bureau* of Labor Statistics, rounded to the nearest multiple of $25.
For purposes of this chapter, any deposit which is made on a Saturday, Sunday, legal holiday, or after the close of business on any business day* shall be deemed to have been made on the next business day.
Except as provided in subsections (b)(3) and (c)(1)(B) of section 4002 of this title, if any provision of this chapter requires that funds be available for withdrawal on any business day, such funds shall be available for withdrawal at the start of such business day.
No provision of this chapter shall be construed as—
prohibiting a depository institution* from making funds available for withdrawal in a shorter period of time than the period of time required by this chapter; or
affecting a depository institution’s right—
to accept or reject a check* for deposit;
to revoke any provisional settlement made by the depository institution with respect to a check accepted by such institution for deposit;
to charge back the depositor’s account* for the amount of such check; or
to claim a refund of such provisional credit*.
In any case in which a check is deposited in an account at a depository institution and the funds represented by such check are not yet available for withdrawal pursuant to this chapter, the depository institution may not freeze any other funds in such account (which are otherwise available for withdrawal pursuant to this chapter) solely because the funds so deposited are not yet available for withdrawal.
Each depository institution shall—
take such actions as may be necessary fully to inform each employee (who performs duties subject to the requirements of this chapter) of the requirements of this chapter; and
establish and maintain procedures reasonably designed to assure and monitor employee compliance with such requirements.
The dollar amounts under this chapter shall be adjusted every 5 years after December 31, 2011, by the annual percentage increase in the Consumer* Price Index for Urban Wage Earners and Clerical Workers, as published by the Bureau* of Labor Statistics, rounded to the nearest multiple of $25.
Source credit: (Pub. L. 100–86, title VI, § 607, Aug. 10, 1987, 101 Stat. 646; Pub. L. 111–203, title X, § 1086(f), July 21, 2010, 124 Stat. 2086.)
- 1987Enacted · Pub. L. 100-86 · 101 Stat. 646
- 2010Amended · Pub. L. 111-203 · 124 Stat. 2086
A history note hasn’t been published yet. The record shows enactment by Pub. L. 100-86 on 1987-08-10.
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