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April 22
A Banker's Guide to Virtual Currency
Andrew Beal

April 24
BSA/AML Compliance: Writing the SAR Narrative
Ken Golliher

April 29
HSA Basics
Whitney Johnson

April 29
Required Training for Loan Originators
Mary Beth Guard and Jack Holzknecht

May 13
Overdraft Practices in Today's Regulatory Environment
John Burnett

May 14
Reg E Claims - Allocating Liability Correctly
Andy Zavoina



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#1418023 - 07/21/10 01:16 PM RIGHTS OF AUTHORIZED SIGNER
Beckster Offline
Member

Registered: 08/29/05
Posts: 64
Loc: Minnesota
I would like clarification of what rights an authorized signer has to an account. I was told the authorized signer can write checks, make deposits and make transfers. I was told that the bank cannot give balances or any information on the account to the authorized signer or the statements cannot be given to anyone but the owner(s) of the account.

Specifically I would like to know about Internet Banking access, making transfers between accounts that do not have the same owner(s).

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Deposits and Payments
#1418083 - 07/21/10 01:58 PM Re: RIGHTS OF AUTHORIZED SIGNER [Re: Beckster]
Bob The Banker Offline
Platinum Poster

Registered: 05/17/10
Posts: 958
Not sure who told you this, but at least at our institution, authorized signers have full access to the account including balances -- seems silly to allow them to write checks/withdraw money and not let them know what is in the account.

We do require the statement to go to the tax reported for owner, however, I am unsure if that is because or regulations or our policy.

Internet Banking we allow transfers as long as the person is a signer on both accounts and both accounts are enrolled in their online banking. Or, we allow what is called a cross-customer transfer, where they may transfer to any account within the bank as long as they have the account number and last name on the account.

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#1418380 - 07/22/10 08:34 AM Re: RIGHTS OF AUTHORIZED SIGNER [Re: Bob The Banker]
rlcarey Offline
10K Club

Registered: 07/16/01
Posts: 48538
Loc: Galveston, TX
Any of these issues boil down to the legal agreement that is in place governing the authorized signers or your on-line banking product. What is or is not allowed should be specifically addressed in the agreements.
_________________________
The opinions expressed are my own, take them or leave them.

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#1418451 - 07/22/10 09:46 AM Re: RIGHTS OF AUTHORIZED SIGNER [Re: Beckster]
Ken_Pegasus Offline
10K Club

Registered: 08/30/01
Posts: 16665
Loc: Another trip around the sun
Only making it a duet with rlcarey...

This is an issue of 1) state law and 2) contract law. Whether the person is called an agent, authorized signer, or convenience signer, there is no universal direction saying what they can and cannot do.

In any state where I've ever done a program, there are significant differences from bank to bank about what a person with these powers can do. The smartest approach is to spell it out in the document signed by the account owner(s).

Hint: I would make the grant of authority very broad; e.g. the equivalent of a general power of attorney over a specific account, so I did not have to police it.

_________________________
We are Boston. We are America. We respond. We endure. We overcome...and we own the finish line. Joe Biden

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