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#1875881 - 12/04/13 03:36 PM Reg O Overdrafts: Defining "Account at the Bank"
LJones Offline
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LJones
Joined: Apr 2006
Posts: 156
Under Reg O's ovedraft prohibition, how do you define which insider accounts are subject to the prohibition? I understand from the footnote that related interest accounts are not subject. But what about:

1) Accounts where the insider is a POA
2) Accounts where the insider is a trusee on their family trust account?
3) Accounts with parents or children, where the insider is an authorized signer but not an owner or tax-liable?

From reading other threads, I believe the answer comes down to whether they are a beneficiary, but even that seems hard to define in the cases above.
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Lending Compliance
#1875900 - 12/04/13 04:07 PM Re: Reg O Overdrafts: Defining "Account at the Bank" LJones
rlcarey Offline
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rlcarey
Joined: Jul 2001
Posts: 85,436
Galveston, TX
IMHO - All three would be possibly related interests, as long as they were not sham arrangements. Whether or not there was some beneficial interest would be a determining factor regarding related interests and lending limits and not the payment of overdrafts.

If the trust account is allowed to go overdraft however, the bank has most likely breached its fiduciary duty if you pay such items.
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