12 C.F.R. § 229.1

Authority and purpose; organization

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(a) Authority and purpose—(1) In general. 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) (EFA Act) and the Check Clearing for the 21st Century Act (12 U.S.C. 5001-5018) (Check 21 Act).

(2) Joint authority of the Bureau. The Board issues regulations under Sections 603(d)(1), 604, 605, and 609(a) of the EFA Act (12 U.S.C. 4002(d)(1), 4003, 4004, 4008(a)) jointly with the Director of the Bureau of Consumer Financial Protection (Bureau).

(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 and electronic checks by banks. These rules cover the direct return of checks and electronic checks, the manner in which the paying bank and returning banks must return checks and electronic checks to the depositary bank, notification of nonpayment by the paying bank, indorsement and presentment of checks and electronic 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.

(5) Appendix A of this part contains a routing number guide to next day-availability checks. The guide lists the routing numbers of checks drawn on Federal Reserve Banks and Federal Home Loan Banks, and U.S. Treasury checks and Postal money orders that are subject to next-day availability.

(6) Appendix B of this part is reserved.

(7) Appendix C of this part contains model funds-availability policy disclosures, clauses, and notices and a model disclosure and notices related to substitute-check policies.

(8) Appendix D of this part is reserved.

(9) Appendix E of this part contains Board interpretations, which are labeled “Commentary,” of the provisions of this part. The Commentary provides background material to explain the Board's intent in adopting a particular part of the regulation and provides examples to aid in understanding how a particular requirement is to work. The Commentary is an official Board interpretation under section 611(e) of the EFA Act (12 U.S.C. 4010(e)).

(10) Appendix F of this part contains the Board's determinations of the EFA Act and Regulation CC's preemption of state laws that were in effect on September 1, 1989.

[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; 82 FR 27578, June 15, 2017; 84 FR 31695, July 3, 2019]

Notes of Decisions

Cited in 11 cases (2 in the last 5 years), 1993–2026 · leading case: Haas v. Com. Bank, 497 F. Supp. 2d 563 (S.D.N.Y. 2007).

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Haas v. Com. Bank, 497 F. Supp. 2d 563 (S.D.N.Y. 2007). “Analysis Although plaintiff has failed to explicitly anchor his demand for compensatory and punitive damages to any legal theory, the Court assumes for purposes of this motion that by invoking Regulation CC, a regulation issued by the Board of Governors of the Federal Reserve…”

Bennett v. Broderick, 858 N.E.2d 1044 (Ind. Ct. App. 2006). “" 12 CFR. § 229.1(b)(2). Such policies allow a depositary bank time to collect the funds from the payor bank and allow the payor bank either to transmit the funds or return the check for not sufficient funds (NSF), before the deposit is made available for withdrawal from the…”

In Re: William Dunlap Cannon Iii, Debtor. First Tennessee Bank, N.A. v. George W. Stevenson, Tr. for William Dunlap Cannon III, 237 F.3d 716 (1st Cir. 2001). “See 12 C.F.R. § 229.1 (2000). III. VALUE OF SECURITY INTEREST Section 47-4-210(a)(l) states that the security interest exists “to the extent to which credit given for the item has been withdrawn or applied.”

Nbt Bank, Nat'l Ass'n v. First Nat'l Cmty. Bank, 393 F.3d 404 (1st Cir. 2004). “See 12 C.F.R. § 229.1 (b)(3). The provisions of subpart C “supersede any inconsistent provisions of the UCC as adopted in any state, or of any other state law, but only to the extent of the inconsistency.”

Blackwell Livestock Auction, Inc. v. Cmty. Bank of Shidler, 864 P.2d 1297 (Okla. Civ. App. 1993). “§§ 4001-4010 (1989), and its implementing Regulation CC; 12 C.F.R. §§ 229.1 -.42 (1993), allows telephonic communication for reasonable notice of non-payment.”

Peter E. Shapiro, P.A. v. Wells Fargo Bank, N.A., 352 F. Supp. 3d 1226 (S.D. Fla. 2018). “See 12 C.F.R. § 229.1 . To that end, the Board issued Regulation CC, which among other things, requires banks to make electronically transferred funds available to the recipient within one business day.”

David v. First Nat. Bank of Com., 650 So. 2d 1227 (La. Ct. App. 1995). “and 12 C.F.R. § 229.1 et seq., known as Regulation CC and is liable to plaintiffs for this reason.”

Machinski (D. Utah 2026). · cites it 2× “See 12 C.F.R. § 229.1 . Regulation CC requires that funds deposited in an account by check be made available for withdrawal within a specified schedule/timeframe.”

NBT Bank NA v. First Natl Comm Bank (3rd Cir. 2004). · cites it 2× “See 12 C.F.R. § 229.1 (b)(3). The provisions of subpart C “supersede any inconsistent 7 Under Pennsylvania law, the official comments of a drafting commission may be given weight in the construction of a statute.”

Cleveland State Bank v. JPMORGAN CHASE BANK, N.A. (S.D. Tex. 2025). “3 (5) aiding and abetting; (6) negligence and other tort claims; (7) breach of contract; and (8) violation of 12 C.F.R. §§ 229.1 et seg. (“Regulation CC”).”

Rowley v. U.S. Bank Nat'l Assn. CA4/3 (Cal. Ct. App. 2013). “Bank required to evaluate Rowley’s account balance in determining whether to honor the Rombach checks? Federal law answers the first question.”

— 12 C.F.R. § 229.1(a)(1) — 1 case

Machinski (D. Utah 2026). “See 12 C.F.R. § 229.1 . Regulation CC requires that funds deposited in an account by check be made available for withdrawal within a specified schedule/timeframe.”

— 12 C.F.R. § 229.1(b)(2) — 1 case

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