Depositing Custodial Checks Into Personal Accounts
05/20/2002
Can an individual deposit a check payable to themselves as custodian for a minor, into their own personal account. Not into a custodial account.
Sam D. Ott is an attorney who specializes in banking and is of counsel with Phillips Murrah P.C. Prior to entering into private practice, Sam was Executive Vice President of Glia Group, Inc., the originator of BankersOnline.com. He was previously General Counsel and Secretary of the Board of BancFirst Corporation and BancFirst. Before his association with BancFirst, Sam served as Assistant General Counsel for The First National Bank and Trust Company of Oklahoma City and General Counsel for both First Interstate Bank of Oklahoma and Boatmen's Bank of Oklahoma.
You can contact Sam by email at sam@dapape.com or by telephone at 405-364-3346.
05/20/2002
Can an individual deposit a check payable to themselves as custodian for a minor, into their own personal account. Not into a custodial account.
05/20/2002
What are the rules concerning Medallion Signature Guarantees? Are they "know your customer"?
05/20/2002
The bank was served with a tax levy in which the customer has a certificate of deposit. Is the bank obligated to close the CD and assess a penalty? How should the bank respond?
05/20/2002
When there are accounts owned by an individual who is deceased and the accounts exceed $3,500.00, is it permissable to pay the funeral expenses from the balance and then close the accounts making the check payable to the estate? Or should the accounts be closed and check made payable to the estate and it then becomes the executors responsibility to pay the funeral expenses from the estate account?
05/06/2002
The owner of an individual checking account has died. The balance in the account is 13,000. What is the limit that can be disbursed under Oklahoma law with an affidavit of heirship? I understand that the amount has increased in recent years. Can funeral expenses be deducted from the balance to make it meet the requirements?
04/01/2002
I understand that we should be looking not only at ESIGN, but also UETA. I know that ESIGN is a federal law, but UETA is adopted by the states. How widespread is UETA?
04/01/2002
We are about to mail our annual privacy notices and would like to send a one page letter along with the notice. The purpose of the letter would be a "thank you for doing business with us" and a basic generic marketing message. Is it permissible to include such a piece with the Privacy Notice?
03/11/2002
We have a customer who controls 5 different companies, each with its' own EIN. After a weekend, we found night deposit bags for two of them; one with $6861 in cash and the other with $967. During the course of the rest of the day, three different individuals came in with deposits to the other 3 companies, each under $10K. The total cash among all 5 EINs was over $15K, but no business received over $10K in cash, and no one person came in with over $10K in cash. I told the branch manager that I did not think a CTR was necessary. Was I right? If it matters, the 5 companies are all restaurants.
03/11/2002
Are we required to let customers attend Board Meetings?
03/04/2002
A government entity has 5 savings passbook accounts with my institution. Each account has a separate name (e.g., ABC Project I, ABC Project II, ABC Project III, etc.) The government entity is named as the trustee for each of the accounts. And each account has the same tax identification number. My question is this: Are each of these accounts insurable by FDIC for $100,000.00?