Skip to content
BOL Conferences
Thread Options Tools
#428527 - 09/23/05 08:00 PM Reg D Withdrawal limitations clarificatio
Anonymous
Unregistered

When counting checks to 3rd parties if 4 checks are written by only 2 transfers are completed in a 4 week period would the account be in violation even if it did not exceed 6 transfers, because it had 1 too many checks? Can you have 3ACH check conversions and 3 checks to 3rd parties total of 6 and be ok or is 3 the limit of any combination of these covered transactions?

Return to Top
General Discussion
#428528 - 09/23/05 11:59 PM Re: Reg D Withdrawal limitations clarificatio
GuitarDude Offline
Power Poster
GuitarDude
Joined: Nov 2004
Posts: 5,925
So Cal
Of the six, no more than three may be by check draft, etc to third parties. This means you can have up to six of the others and zero checks but not six checks and zero of the others.

From 204.2: (my emphasis added)
(2) The term savings deposit also means: A deposit or account, such as an account commonly known as a passbook savings account, a statement savings account, or as a money market deposit account (MMDA), that otherwise meets the requirements of §204.2(d)(1) and from which, under the terms of the deposit contract or by practice of the depository institution, the depositor is permitted or authorized to make no more than six transfers and withdrawals, or a combination of such transfers and withdrawals, per calendar month or statement cycle (or similar period) of at least four weeks, to another account (including a transaction account) of the depositor at the same institution or to a third party by means of a preauthorized or automatic transfer, or telephonic (including data transmission) agreement, order or instruction, and no more than three of the six such transfers may be made by check, draft, debit card, or similar order made by the depositor and payable to third parties. A preauthorized transfer includes any arrangement by the depository institution to pay a third party from the account of a depositor upon written or oral instruction (including an order received through an automated clearing house (ACH)) or any arrangement by a depository institution to pay a third party from the account of the depositor at a predetermined time or on a fixed schedule. Such an account is not a transaction account by virtue of an arrangement that permits transfers for the purpose of repaying loans and associated expenses at the same depository institution (as originator or servicer) or that permits transfers of funds from this account to another account of the same depositor at the same institution or permits withdrawals (payments directly to the depositor) from the account when such transfers or withdrawals are made by mail, messenger, automated teller machine, or in person or when such withdrawals are made by telephone (via check mailed to the depositor) regardless of the number of such transfers or withdrawals.
Last edited by GuitarDude; 09/24/05 12:00 AM.
_________________________
I've just writed a wrong.

Return to Top
#428529 - 09/24/05 05:53 AM Re: Reg D Withdrawal limitations clarificatio
Princess Romeo Offline

Power Poster
Princess Romeo
Joined: Jun 2001
Posts: 8,272
Where the heart is
Quote:

Of the six, no more than three may be by check draft, etc to third parties. This means you can have up to six of the others and zero checks but not six checks and zero of the others.

From 204.2: (my emphasis added)
(2) The term savings deposit also means: A deposit or account, such as an account commonly known as a passbook savings account, a statement savings account, or as a money market deposit account (MMDA), that otherwise meets the requirements of §204.2(d)(1) and from which, under the terms of the deposit contract or by practice of the depository institution, the depositor is permitted or authorized to make no more than six transfers and withdrawals, or a combination of such transfers and withdrawals, per calendar month or statement cycle (or similar period) of at least four weeks, to another account (including a transaction account) of the depositor at the same institution or to a third party by means of a preauthorized or automatic transfer, or telephonic (including data transmission) agreement, order or instruction, and no more than three of the six such transfers may be made by check, draft, debit card, or similar order made by the depositor and payable to third parties. A preauthorized transfer includes any arrangement by the depository institution to pay a third party from the account of a depositor upon written or oral instruction (including an order received through an automated clearing house (ACH)) or any arrangement by a depository institution to pay a third party from the account of the depositor at a predetermined time or on a fixed schedule. Such an account is not a transaction account by virtue of an arrangement that permits transfers for the purpose of repaying loans and associated expenses at the same depository institution (as originator or servicer) or that permits transfers of funds from this account to another account of the same depositor at the same institution or permits withdrawals (payments directly to the depositor) from the account when such transfers or withdrawals are made by mail, messenger, automated teller machine, or in person or when such withdrawals are made by telephone (via check mailed to the depositor) regardless of the number of such transfers or withdrawals.




Except of course on the first Thursday of the month following the first Monday of the month if the date is an odd number following a month that ends in "Y". Then you would take every OTHER transaction, and count it double towards the limit, except that third party transfers that clear on an even date are not counted.

Oh I don't know...seems to make as much sense to me right now....
_________________________
CRCM,CAMS
Regulations are a poor substitute for ethics.
Just sayin'

Return to Top
#428530 - 09/24/05 08:59 PM Re: Reg D Withdrawal limitations clarification
Andy_Z Offline
10K Club
Andy_Z
Joined: Oct 2000
Posts: 27,763
On the Net
When reviewing items to 3rd parties, I didn't have a problem when one item seemed to be help by the payee and was the lone extra item. But if you count that way, you should be consistent.
_________________________
AndyZ CRCM
My opinions are not necessarily my employers.
R+R-R=R+R
Rules and Regs minus Relationships equals Resentment and Rebellion. John Maxwell

Return to Top
#428531 - 09/26/05 04:49 PM Re: Reg D Withdrawal limitations clarificatio
Anonymous
Unregistered

Cleared items is what you go by! Six total! 4 could be ACH, but then you only have 2 3rd party checks to play with.

Return to Top