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#1705793 - 06/01/12 06:13 PM
REG D REGULATION/COMPLIANCE
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New Poster
Joined: May 2012
Posts: 3
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Reg d has many variables and not a straight forward policy. I have a question on the rolling 12 months. We have many customers that appear on our violation reports, but not sure if they fall in the rolling 12 months cycle. Ex: We have a customer that showed up the first time on 1/31/12, we sent a first letter. He did not show up in the month of February, but he did show up on March 15th and 29th, I did not send a second letter to him, I just watched his account. He did not show up at all in the month of April, but has now showed up on 5/31/12. He did go over the limits in three different months, but is that considered the third occurance and is it necessary to change his account over.
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#1705882 - 06/01/12 07:17 PM
Re: REG D REGULATION/COMPLIANCE
sueswosinski
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Power Poster
Joined: Oct 2009
Posts: 3,927
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Yes. We use the rolling 12-months and track excessive debits each month across that period of time. First month they get a mild letter, second month it's a bit stronger and the third month we tell them we're closing the account.
So in your example, I wouldve' sent the 1st letter at the end of January, the second at the end of March and the third and final at the end of May. I know some will quibble with whether or not the activity in March consists of one or two occurences, but I prefer to count the month.
Last edited by Doug Hendrickson; 06/01/12 07:18 PM.
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I hear and I forget. I see and I remember. I do and I understand.--Confucius
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#1705900 - 06/01/12 07:33 PM
Re: REG D REGULATION/COMPLIANCE
sueswosinski
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Power Poster
Joined: Apr 2005
Posts: 3,663
TN
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Ditto Doug.
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#1705960 - 06/01/12 08:47 PM
Re: REG D REGULATION/COMPLIANCE
sueswosinski
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Junior Member
Joined: Nov 2008
Posts: 33
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I don't think there is too much quibbling about two times in March. It's based on a statement cycle or calendar month. So, if March 15, was the last day of the cycle, and March 29 was part of a new cycle, it would count as two.
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#1706090 - 06/04/12 01:45 PM
Re: REG D REGULATION/COMPLIANCE
Doug Hendrickson
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New Poster
Joined: May 2012
Posts: 3
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Thanks for your input. It's a hard call at times because these customers are not constant abusers of the violation, but unfortunately they still go over the limits.
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#1706602 - 06/05/12 02:35 PM
Re: REG D REGULATION/COMPLIANCE
sueswosinski
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New Poster
Joined: May 2012
Posts: 3
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I have one additional question to the REG D Policy. I need your opinion on the rolling 12 months. ex: I have a customer that violated 2 times in 2011, I never had to send them a third letter during that year. Now they have showed up for the first time in June 2012. Does the rolling 12 months continue so this would be his third violation? Or does the year start over and he should get a first letter again? That doesn't seem right, and that is why I need clarification.
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#1706618 - 06/05/12 02:45 PM
Re: REG D REGULATION/COMPLIANCE
sueswosinski
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10K Club
Joined: Jul 2001
Posts: 85,074
Galveston, TX
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Telling us he violated twice in 2011 doesn't really help. The question is when. If prior to July 2011, then he only has one instance in the last twelve months. That's what rolling means - within the last twelve months.
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The opinions expressed here should not be construed to be those of my employer: PPDocs.com
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#1709058 - 06/11/12 07:49 PM
Re: REG D REGULATION/COMPLIANCE
sueswosinski
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10K Club
Joined: Oct 2000
Posts: 40,086
Cape Cod
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Back in the Dark Ages of the 1980s, bank compliance officers asked the Fed's Staff to opine on various compliance modi operandi and with a good deal of back and forth the staff seemed to settle on three times in a rolling 12-month period -- not necessarily in consecutive months (since that would make the rolling twelve-month thing moot. If you are a Fed Member bank with access to the Federal Reserve Regulatory Service, you'll find a series of staff opinions on compliance with the transaction limits behind Regulation D in the Monetary Policy section of the FRRS. Be prepared for the fact that the wording will reflect the way the reg was worded back then, and you'll see things like "three transaction limit" for savings accounts (which later became 6) and a special limit on checks (which later went away).
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#1749029 - 10/12/12 07:00 PM
Re: REG D REGULATION/COMPLIANCE
sueswosinski
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Diamond Poster
Joined: Jan 2010
Posts: 1,028
Utopia
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I am currently doing a Reg D compliance review and have come across in OUR policy "By law, the customer must be given at least 21 calendar days advance notice that their account will be closed." I have looked here on BOL and the FRB regulations and can not find the "law" can anyone either direct me or tell me it's not law?
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#1749614 - 10/16/12 06:02 PM
Re: REG D REGULATION/COMPLIANCE
sueswosinski
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Diamond Poster
Joined: Jan 2010
Posts: 1,028
Utopia
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Another question! I am reviewing the 2900 report for accuracy and have come across what I believe to be a problem: Under section B.1 we are reporting FHLB Checking, in the directions under excluded from B.1 is listed "demand deposit balance that are due from the NCUA Central Liquidity Facility or a Federal Home Loan Bank" Can anyone tell me if I am correct?
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#1915293 - 04/17/14 04:11 PM
Re: REG D REGULATION/COMPLIANCE
John Burnett
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New Poster
Joined: Feb 2010
Posts: 1
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Back in the Dark Ages of the 1980s, bank compliance officers asked the Fed's Staff to opine on various compliance modi operandi and with a good deal of back and forth the staff seemed to settle on three times in a rolling 12-month period -- not necessarily in consecutive months (since that would make the rolling twelve-month thing moot. If you are a Fed Member bank with access to the Federal Reserve Regulatory Service, you'll find a series of staff opinions on compliance with the transaction limits behind Regulation D in the Monetary Policy section of the FRRS. Be prepared for the fact that the wording will reflect the way the reg was worded back then, and you'll see things like "three transaction limit" for savings accounts (which later became 6) and a special limit on checks (which later went away). Can anyone help me find these staff opinions now? The only thing I can find is also listed on BOL in the Alphabet soup and discusses using multiple savings accounts to get around the limits (204.133). I would love to see the info that was posted about the rolling 12 months and such, or has all that disappeared for good? I looked around on the FRRS, but maybe I'm just not looking in the right places.
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#1915361 - 04/17/14 05:50 PM
Re: REG D REGULATION/COMPLIANCE
sueswosinski
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10K Club
Joined: Jul 2001
Posts: 85,074
Galveston, TX
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Last edited by rlcarey; 04/17/14 05:50 PM.
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The opinions expressed here should not be construed to be those of my employer: PPDocs.com
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#1917151 - 04/24/14 02:25 PM
Re: REG D REGULATION/COMPLIANCE
Soccer
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Power Poster
Joined: Mar 2004
Posts: 2,514
Up North
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Another question! I am reviewing the 2900 report for accuracy and have come across what I believe to be a problem: Under section B.1 we are reporting FHLB Checking, in the directions under excluded from B.1 is listed "demand deposit balance that are due from the NCUA Central Liquidity Facility or a Federal Home Loan Bank" Can anyone tell me if I am correct? You are correct, FHLBB demand deposit balances are excluded from B.1.
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