Most Popular Compliance Content
Correctly stating APYs over the phone
02/11/2024
When orally quoting a deposit rates over the phone, if the APY is 3.00%, does the the employee need to state the APY as 3.00% or can they say the APY as 3%? Likewise if the APY was 3.50% do they need to say the APY is 3.50% or can they say the APY is 3.5%?
What Annual Training is Required Per Regs?
02/11/2024
What are the mandatory (required) training courses for employees to take annually?
Reasonable Cause Holds
02/04/2024
We are a small community bank that maintains strong connections with our customer base. From time to time, a customer we know well brings us a check for deposit that's accompanied by a seemingly legitimate backstory. But the appearance of the check, based on our experience leads us to believe that the check may not be paid because not ALL of the boxes can be checked to rule out that that it's a fraudulent check. Knowing our customers we tend to give them the benefit of the doubt by accepting the check for deposit and placing a Reasonable Cause hold for 4-5 days. Our acceptance of the check is done in good faith that our customer's story is legitimate and our Reasonable Cause hold is done as a means of ensuring that our customer doesn't end up on the wrong side of a scam. I have read several opinions which state the ONLY course of action that's entirely compliant is to refuse to accept the check for deposit. Most opinions are that we simply cannot place a hold for Reasonable Cause to Doubt Collectibility in this situation. Even after completing due diligence on the check and the facts offered by the customer, by refusing a check where some facts indicate authenticity and others indicate potential fraud, why would we not be allowed to try in good faith to accept the check, while protecting our customer from potential loss by way of a Reasonable Cause hold? After all, the teller has formed a "well grounded belief that the check MIGHT not be paid," but is also acting in good faith on behalf--and in favor--of our customer. We are all advocates for our customers, and simply refusing to accept a check for deposit simply because we couldn't check off EVERY box that it isn't a fraudulent check, seems counterintuitive to the consumer-favoring language of Reg CC.
Commercial accounts and E-SIGN
02/04/2024
Do business transactions apply to ESIGN - Electronic Signatures in Global and National Commerce Act?
Using a EIN on a personal account
01/28/2024
We have a customer that is an agent for one of the local insurance companies. She wants to open an account in her name only using the insurance company EIN, can we do that?