12 U.S.C. § 4006

Miscellaneous provisions

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(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 shall 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, such funds shall be available for withdrawal at the start of such business day.

(c) Effect on policies of depository institutionsNo provision of this chapter shall 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 with respect to a check accepted by such institution for deposit;(C) to charge back the depositor’s account for the amount of such check; or(D) to claim a refund of such 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 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.

(e) Employee training on and compliance with requirements of this chapterEach depository institution shall—(1) 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(2) establish and maintain procedures reasonably designed to assure and monitor employee compliance with such requirements.(f) Adjustments to dollar amounts for inflation

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.

(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.)Editorial NotesReferences in Text

This chapter, referred to in text, was in the original “this title”, meaning title VI of Pub. L. 100–86, Aug. 10, 1987, 101 Stat. 635, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 4001 of this title and Tables.

Amendments

2010—Subsec. (f). Pub. L. 111–203 added subsec. (f).

Statutory Notes and Related SubsidiariesEffective Date of 2010 Amendment

Amendment by Pub. L. 111–203 effective on the designated transfer date, see section 1100H of Pub. L. 111–203, set out as a note under section 552a of Title 5, Government Organization and Employees.

Notes of Decisions

Cited in 7 cases (1 in the last 5 years), 1988–2024 · leading case: JPMorgan Chase Bank, N.A. v. Freyberg, 171 F. Supp. 3d 178 (S.D.N.Y. 2016).

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JPMorgan Chase Bank, N.A. v. Freyberg, 171 F. Supp. 3d 178 (S.D.N.Y. 2016). “2d at 268 (quoting 12 U.S.C. § 4006 (c)(2)(C)) (“EFAA clearly states that none of its provisions shall be construed as limiting a bank’s right ‘to charge back the depositor’s account for the amount of [the] check.”

In Re Sawyer, 324 B.R. 115 (Bankr. D. Ariz. 2005). “12 U.S.C. § 4006 (c)(2). 9 . Section 3-104 and A.”

Credit Union Nat'l Ass'n v. Bd. of Governors of Fed. Reserve Sys., 700 F. Supp. 1152 (D.D.C. 1988). · cites it 2× “See 12 U.S.C. § 4006 (c)(2)(A) (stating that no provision of the Act may be construed as affecting a depository institution’s right to reject a check for deposit).”

Essex Constr. Corp. v. Indus. Bank of Washington, Inc., 913 F. Supp. 416 (D. Maryland 1995). “Under 12 U.S.C. § 4006 (b) the funds technically became available at the beginning of the April 6 business day.”

South Cent. Bank of Daviess Cnty. v. Lynnville Nat'l Bank, 901 N.E.2d 576 (Ind. Ct. App. 2009). “§ 4006 (c) (cautioning that no provision of the Act shall be construed as "prohibiting a depositary institution from making funds available for withdrawal in a shorter period of time than the period of time required by this chapter"); 12 C.”

Lynch v. Bank of Am., N.A., 493 F. Supp. 2d 265 (D.R.I. 2007). “]” 12 U.S.C. § 4006 (c)(2)(C). Courts faced with like facts have similarly *269 concluded that EFAA preserves a depository institution’s right to revoke, charge back, or request a refund for an uncollectible deposit.”

Pippin v. JPMorgan Chase Bank, N.A. (N.D. Ohio 2024). · cites it 2× “” 12 U.S.C. § 4006 (c)(2)(A). Mr. Pippin fails to explain how Chase’s actions violated the EFAA.”

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