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#1705793 - 06/01/12 06:13 PM REG D REGULATION/COMPLIANCE
sueswosinski Offline
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Joined: May 2012
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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
Doug Hendrickson Offline
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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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#1705900 - 06/01/12 07:33 PM Re: REG D REGULATION/COMPLIANCE sueswosinski
Dani York, CRCM Offline
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TN
Ditto Doug.
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#1705960 - 06/01/12 08:47 PM Re: REG D REGULATION/COMPLIANCE sueswosinski
opsbanker Offline
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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
sueswosinski Offline
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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
sueswosinski Offline
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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
rlcarey Offline
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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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#1708910 - 06/11/12 03:52 PM Re: REG D REGULATION/COMPLIANCE sueswosinski
fun grandma Offline
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fun grandma
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midwest
I have another question: When our Internal auditor was here the Reg D information she gave us was to switch MMD after 3 consecutive months; savings accounts after 3 months in the 12 month rolling period. (excessive use) We have been working with our software vendor regarding this. They stated the MMD 3 consecutive months is no longer in place.
Is this true? I can not find a definite answer on this.

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#1709058 - 06/11/12 07:49 PM Re: REG D REGULATION/COMPLIANCE sueswosinski
John Burnett Offline
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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
Soccer Offline
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Utopia
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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#1749084 - 10/12/12 08:44 PM Re: REG D REGULATION/COMPLIANCE sueswosinski
Kathleen O. Blanchard Offline

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State law? Certainly not federal.
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#1749614 - 10/16/12 06:02 PM Re: REG D REGULATION/COMPLIANCE sueswosinski
Soccer Offline
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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
Keep Counting Offline
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Originally Posted By: John Burnett
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
rlcarey Offline
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Galveston, TX
Last edited by rlcarey; 04/17/14 05:50 PM.
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#1917151 - 04/24/14 02:25 PM Re: REG D REGULATION/COMPLIANCE Soccer
RR Sarah Offline
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RR Sarah
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Up North
Originally Posted By: Soccer
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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