Skip to content
BOL Conferences
Thread Options
#1152414 - 03/26/09 10:25 PM Closing competitor bank account for customer
Lele Offline
Platinum Poster
Lele
Joined: Feb 2007
Posts: 827
In the Sun
Marketing has a plan to 'offer to close the customer's current bank account for them' when they open an account with us. Has anyone heard of this? They have a flyer that contains an Authorization to Close Account that the customer signs and dates and gives their account number and authorizes the other bank to send a check made payable to us.
One problem I see is that how can we be sure the account is not a joint account and we don't have the joint person's permission.
Thanks!
_________________________
Faith is seeing light with your heart when all your eyes see is darkness...

Return to Top
BSA/AML/CIP/OFAC Forum
#1152436 - 03/27/09 12:13 AM Re: Closing competitor bank account for customer Lele
Skittles Online
10K Club
Skittles
Joined: Sep 2002
Posts: 13,965
TN
Don't you just LOVE marketing? Ask them this - would your bank comply with this request?
Last edited by Duchess Skittles; 03/27/09 12:13 AM.
_________________________
My Opinions Only

Return to Top
#1152469 - 03/27/09 11:40 AM Re: Closing competitor bank account for customer Skittles
Kathleen O. Blanchard Offline

10K Club
Kathleen O. Blanchard
Joined: Dec 2000
Posts: 21,293
These switch kits are pretty common. The kits contain tools to help the customer gather the data they need to know to open a new account, including writing down all of the bills they have set up on bill pay, tax ids of account holders, etc., and many contain the notice to the current bank with the request to transfer funds.

Many switch kits contain instructions to fill it out and come in to a branch to review the information and open the new accounts.

If the other bank needs other signatures to close the account and transfer funds, would they not request that from the account holders? I find the request to transfer funds that I have seen odd in that it is a vague request to transfer but doesn't say how...wire, check? I think these requests must result in the other bank contacting the customer for specific information.
_________________________
Kathleen O. Blanchard, CRCM "Kaybee"
HMDA/CRA Training/Consulting/Mapping
The HMDA Academy
www.kaybeescomplianceinsights.com

Return to Top
#1153190 - 03/27/09 07:52 PM Re: Closing competitor bank account for customer Kathleen O. Blanchard
John Burnett Offline
10K Club
John Burnett
Joined: Oct 2000
Posts: 40,086
Cape Cod
Under the Uniform Commercial Code, section 4-403 any signer on an account may direct that it be closed (check your state's version of that section of the UCC). Unless the bank had some sort of account contract language that altered the effect of section 4-403, a second signature would not be required on the form, even if the account to be closed is joint.
_________________________
John S. Burnett
BankersOnline.com
Fighting for Compliance since 1976
Bankers' Threads User #8

Return to Top
#1153477 - 03/30/09 03:21 AM Re: Closing competitor bank account for customer John Burnett
BBoyd Offline
Diamond Poster
BBoyd
Joined: Mar 2002
Posts: 2,494
MI
I've worked for several banks that offer this, and to my knowledge there has not been a problem.
_________________________
Opinions are mine and never to be taken as legal advice!

Return to Top

Moderator:  Andy_Z