MONEY LAUNDERING OFFENCES IN CANADA : ADDENDUM : Part XII.2 of the Criminal Code relating to "Proceeds of Crime"
SINCE TIME BEGAN : salus populi suprema est lex - the right of the people is the supreme law : IN TRUTH WE TRUST
THE EXPEDITED FUNDS AVAILABILITY ACT : CANADA REGULATIONS : FINTRAC : FINANCIAL TRANSACTIONS CANADA
SINCE TIME BEGAN : salus populi suprema est lex - the right of the people is the supreme law : IN TRUTH WE TRUST
THE EXPEDITED FUNDS AVAILABILITY ACT : CANADA REGULATIONS : FINTRAC : FINANCIAL TRANSACTIONS CANADA
Updated June 11, 2018
When you deposit a check, you probably just expect
the money to show up in your bank
account – and you expect to be able to use that money when you
need it. In most cases, that’s exactly how it works and there are no problems.
Unfortunately, sometimes there is a
problem: your bank puts a hold on the money, and you’re unable to withdraw cash
or spend when you need to. Your bank’s funds availability policy,
along with federal regulations, spells out exactly how long everything is
supposed to take.
Funds Availability
A funds availability policy explains how long you
need to wait to spend or withdraw funds after you make a deposit. Banks are
required to provide this information so that you are not caught by surprise,
although most people never know about these policies until they’re stuck
waiting for funds to clear.
The details about your bank’s policy should be part
of your account agreement or included in other disclosures provided by your
bank.
Holding Deposits
When you deposit funds into your account, the bank
often puts a hold on
those deposits, meaning you need to wait for at least one business day before
you can use the money. Especially with checks and money orders,
banks cannot be sure that a payment is legitimate, plus the money doesn’t
actually arrive at your bank for several business days (or more) after you make
your deposit. The hold is intended to protect the bank from losing money.
These holds also protect you to some extent,
but you are ultimately responsible for any deposit you make to
your account. If your bank allows you to cash a check that later bounces (which
can happen several weeks after
you make the deposit), you’ll have to pay fees and you’ll have to repay the
bank for the money they gave you – even though none of it was your fault.
That’s why it pays to verify funds on
suspect checks, and avoid taking payments from anybody you don’t
trust.
Holding Times
Federal regulations limit how banks can set up
their funds availability policies. Banks are allowed to be less strict if they
want – they can make funds available immediately, and they often do so–but they
cannot hold funds forever.
If there is a hold on your deposit, the bank should
provide you with the release date on a receipt. In some cases, they add a hold
later (and mail you a notice), so it’s a good idea to check your account balance
before spending if you’re running low on funds.
Next business day: most banks say
that they “generally” make funds available on the business day after you make a
deposit, but there are exceptions. Cash deposits made to a bank employee must
be made available within one business day (and those deposits are often
available immediately). Certain types of checks must also be available in one
business day:
- Official
bank checks like cashier’s
checks
- Checks
issued by the U.S. Treasury (such as your tax refund or Social Security)
- Checks
for $200 or less
- Checks
drawn on the same bank that you’re depositing to
- USPS
money orders
If the total amount of deposits by check in
one day is more than $5,000, or if a check is endorsed by anybody
other than the payee to whom it
was issued, banks can add a hold.
Electronic deposits like wire
transfers and direct deposit are
also generally available within one day.
Business days include weekdays that are not
holidays.
Longer Hold Times
The Expedited Funds Availability Act (Regulation
CC), which sets rules on how quickly banks need to release your funds, allows
longer hold times under certain circumstances. These are often called exceptions.
When an exception applies, the bank may hold funds
for a “reasonable” amount of time. That time is not specifically defined, but 5
business days or so is about as long as you should have to wait.
More than $5,000: If you
deposit more than $5,000 in checks–even official checks or government
checks–the bank must make the first $5,000 available within one business day,
but a hold can be placed on the remaining amount.
Redeposited checks: If a check is
redeposited (because it bounced when it was first deposited), the bank can add
a longer hold. You should also be concerned about those
checks.
Repeatedly overdrawn account: Overdrawing
your account (or spending more money than you have available in the account)
doesn’t just cause hefty bank fees–it
can also lead to holds on your deposits, which makes it even more likely that
you’ll go into the negative.
Reasonable doubt: If the bank
suspects that the check will not be honored, they can add extra hold time.
Common reasons include postdated checks and
checks that are more than 60 days old.
New accounts: Brand new accounts
are especially risky for banks. If your account is less than 30 days old,
expect to have checks held for up to nine days. However, electronic payments
and official checks should have at least partial next-day availability.
Note that these regulations also apply to federally
insured credit unions.
Remember that business days are standard weekdays.
Weekends and federal holidays that fall on weekdays will slow down
clearing times.
Watch the Cut-Off Time
It’s always important to define your terms. When
you deposit a check, you probably think you did it “today.” However, banks set
cut-off times that might be as early as mid-afternoon where you live. For Bank
of America, it’s 2 p.m.. At Chase Bank, it’s when your branch closes. When
making an important deposit, ask the teller what to expect in terms of any
holds (again, your receipt should tell you as well).
If it’s late in the day, you might be better
off depositing at an
ATM or through your bank’s mobile app (by snapping a photo
of the check)–those methods often have later cut off times. However,
that strategy can backfire: because you’re not making a
deposit in-person to a bank employee, other complications can arise –
especially at ATMs that don’t get an image of your check. Those strategies are
best when you don’t need all of the money and your account is in good standing.
Ask customer service what’s best in your situation.
Updated August 14, 2018
When you see money in your checking account
(especially after making a deposit), you might think you can spend that money
right away. However, banks often place "holds" on your deposits,
preventing you from using the money. As a result, you may end up bouncing
checks or having problems with automatic payments that get deducted from your
account.
What Is a Hold?
A hold is a temporary delay in making funds
available. The bank “freezes” funds so that you cannot withdraw the money or
use it for electronic payments, but those funds do appear in your account. Your
account history shows all deposits, and the money is added to your account
balance, but the money is not part of your availablebalance.
The key word above is “available.” You have several
account balances, including your total account balance, and your funds
available.
If your account pays interest, you'll
typically start earning
interest right away—even if the funds are unavailable.
Why Banks Hold Money
Money does not move as quickly as you'd think. When
you deposit a check or money order into your checking account, the bank credits
your account immediately (showing an increase in your balance). However, the
money has not yet been transferred from the paying bank—that process may take several
days, and the bank doesn't know for sure if the payment is good.
Banks are concerned that checks written out to you
could bounce, or that those checks are not legitimate. A hold on the deposit
gives the bank a few more days to find out if anything is wrong.
The bank is protecting itself against losses, and
those holds can help you avoid expensive mistakes as well (see below).
How Long Holds Last
•••
In some cases, banks do not put any hold on
deposits—you can spend the money immediately. However, it's common for holds to
last for several business days, and the type of deposit is important.
Banks are allowed to be as generous as they want
when making funds available—they can let you walk away with cash
immediately—but deposits are generally held for several business days. Remember
that business days are Monday through Friday, excluding
holidays, so five business days means seven calendar days (or more,
if there’s a holiday).
Federal law (the Expedited Funds Availability Act)
limits how long banks
can hold your deposits.
Cash Deposits
When you deposit cash in person to a bank employee (as opposed to at an ATM), the funds must be made available within one business day.
When you deposit cash in person to a bank employee (as opposed to at an ATM), the funds must be made available within one business day.
The rest of the rules below apply to non-cash
deposits.
First $200
The first $200 of your deposit must be available within one business day. The remainder should be available by the second business day (unless an "exception" applies).
The first $200 of your deposit must be available within one business day. The remainder should be available by the second business day (unless an "exception" applies).
“Official” deposits are generally
available within one business day. When you deposit more than $5,000 of checks
in one day, the first $5,000 should be available within one day, but there may
be a hold on the remaining amount. These deposits include:
- Official
bank checks such as cashier’s
checks or certified checks
- Money orders issued
by the United States Postal Service
- Checks
issued by government organizations (such as a tax refund from the U.S.
Treasury)
- Checks
drawn on the same institution you make your deposit at
“Exceptions” can result in
longer hold times. Your bank still has to follow federal law and justify the
extension, but in most cases, the hold should end within seven business days.
Common exceptions include:
- Deposits
of more than $5,000 per day into your account
- Depositing
into a brand-new checking account or accounts with a history of insufficient
funds
- Redeposited
checks (that have previously bounced)
- When
the bank suspects fraud or does not believe a check is legitimate
How to Remove a Hold
It's frustrating when you can't spend your own
money, and banks usually set holds by policy (the computer system does the same
thing for all checks, often without singling you out). It is possible to get a
hold removed, but you'll have to plead your case.
What Caused It?
First, find out why the hold exists. For example, you might have deposited a Western Union money order for something you sold online. That’s essentially a check deposit. Alternatively, your funds could be frozen because you used your debit card at a business that uses a large preauthorization hold.
First, find out why the hold exists. For example, you might have deposited a Western Union money order for something you sold online. That’s essentially a check deposit. Alternatively, your funds could be frozen because you used your debit card at a business that uses a large preauthorization hold.
Ask to Have It Cleared
If a merchant placed a hold on your account through your debit card, contact the merchant and ask them to release the funds. These holds should fall off after a few days, but they are especially problematic with hotels, rental cars, and gas pumps (or other situations where your final bill is unknown). If your bank placed a hold on a personal check you deposited, ask if it's possible to remove the hold—perhaps the funds have come in from the paying bank, and there is no more risk to the bank.
If a merchant placed a hold on your account through your debit card, contact the merchant and ask them to release the funds. These holds should fall off after a few days, but they are especially problematic with hotels, rental cars, and gas pumps (or other situations where your final bill is unknown). If your bank placed a hold on a personal check you deposited, ask if it's possible to remove the hold—perhaps the funds have come in from the paying bank, and there is no more risk to the bank.
Your bank might be willing to speed things up,
especially if you don't have a history of
bouncing checks or making bad deposits.
Wait It Out
In some cases, you won't be able to do anything about a hold. Again, your bank needs to follow federal regulations and justify any holds in your account, so they can't keep you from your money forever. If things go on for too long, contact the US Consumer Financial Protection Bureau (CFPB) and file a complaint.
In some cases, you won't be able to do anything about a hold. Again, your bank needs to follow federal regulations and justify any holds in your account, so they can't keep you from your money forever. If things go on for too long, contact the US Consumer Financial Protection Bureau (CFPB) and file a complaint.
Prevent Holds
To avoid holds in your account, make deposits that
are likely to become available as soon as possible.
For your paycheck, sign up for
direct deposit. Electronic transfers (especially those that occur
regularly, like a payroll deposit) tend to clear quickly. You might even have
access to your money a day or two earlier than you would have received your
paycheck.
For large deposits, ask for a form of
payment that clears quickly:
- Wire
transfers are often available within one day.
- Cashier’s
checks, USPS money orders (but not other money orders), and certified
checks can provide up to $5,000 within one business day.
Deposit to a separate account if you’re
making a deposit that is likely to cause problems. For example, if you have
multiple checking accounts and you need to deposit a large out-of-state or
foreign check, make the deposit in an account that you don’t rely on for
everyday use.
When using your debit card, ask if a hold
will be placed on your account, and find out how much it will be. If the amount
is large enough to cause problems, use a credit
card instead or transfer extra money into your checking account
to cover the hold. Be careful about swiping your debit card at gas pumps,
hotels, and restaurants, where these "pre-auth" holds are most
common.
The Whole Account Is Frozen?
In some cases, banks freeze your entire
account—even money that was already available in your account
before making a big deposit. Sometimes a computer program decides (for a reason
that won't be explained to you) that there's a risk and funds need to be frozen
temporarily. Again, a phone call might be able to free up at least some of
the money.
The money you can spend in your account
is often called your available
balance. Unavailable funds might be listed under your hold balance.
What’s the best way to avoid this hassle? Talk with
a banker while you’re opening an account and making large deposits. Tell them
exactly how you plan to use the account: how often you’ll deposit and withdraw,
the typical size of transactions, and the source of funds. A good banker will
recognize account features that will make you a happy customer.
Over time, your bank (and its computer systems)
should get accustomed to how you use your account. If you frequently travel or
make deposits and withdrawals, the bank will eventually figure out that you are
not doing anything wrong and reduce the holds in your account. Banks use
complex risk scores and computer models to prevent fraud, and you’ll need to
train the bank on what to expect in your accounts.
You're Responsible for the Money
Once a hold is released, you're free to use the
money: withdraw cash or spend it using your debit card, checkbook, or payment app
linked to your checking account. However, you're still responsible
for the deposit—the bank makes no guarantee that a check or money order you
received was good. In other words, holds protect the bank, and you're
spending at your own risk.
Sometimes it takes several weeks to
find out that a check will bounce. If you've spent the money from a
deposit, you'll have a negative account balance, and you'll have to replace
those funds. Sometimes that’s hard to do, especially if you sent cash to
somebody you don’t know (as happens in the classic
cashier's checks scam).
If you have any doubts about a deposit, proceed
with caution. Try to verify
funds with the check writer’s bank (or with a money
order issuer) before you make a deposit—this can help you avoid fees
for depositing bad checks at your bank. Wait at least several
weeks before you spend the money (especially if anybody asks you to send the funds
somewhere else, which is a clear sign of a scam).