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#1663620 - 02/10/12 07:33 PM Negotiable Instrument?
leo_bsayer Offline
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I know the CTR form defines a negotiable instrument as "All checks and drafts (including business, personal,bank, cashier’s and third-party), money
orders, and promissory notes. For purposes of this CTR,
all traveler’s checks shall also be considered negotiable
instruments whether or not they are in bearer form."

If you are waiting on a customer who has reportable currency, and you provide them with a withdrawal slip (not a counter check, or a personal check) to complete the withdrawal, is that withdrawal slip considered a negotiable instrument for CTR purposes? In my opinion, you would mark "negotiable instrument cashed, account number affected, and deposit/withdrawal." In the same sense, would a saving's withdrawal form that is stamped as "non-negotiable" be considered a negotiable instrument for CTR purposes?

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#1663635 - 02/10/12 07:42 PM Re: Negotiable Instrument? leo_bsayer
BFrame Offline
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For a withdrawal slip from a customer, I check "deposit/withdrawal." If someone were to cash a check off of that same account, I check "negotiable instrument cashed."

For the savings withdrawal, "deposit/withdrawal" as well.
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#1663645 - 02/10/12 07:48 PM Re: Negotiable Instrument? leo_bsayer
John Burnett Offline
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I'll cast my vote with Mississippi 010. A withdrawal slip isn't negotiable: it can't be transferred.
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#1663650 - 02/10/12 07:50 PM Re: Negotiable Instrument? leo_bsayer
leo_bsayer Offline
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But if you write a personal check to yourself for cash, then you would have a negotiable instrument, correct?

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#1663675 - 02/10/12 08:11 PM Re: Negotiable Instrument? leo_bsayer
BFrame Offline
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Leo- Yes, that's correct. The item itself is a negotiable instrument & he would have cashed a check instead of made a withdrawal.
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#1684456 - 03/30/12 08:47 PM Re: Negotiable Instrument? leo_bsayer
leo_bsayer Offline
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Sorry for revisiting this, but if the transaction credits a GL account in the process, which is an account held at the bank, is that considered a deposit to the GL account?

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#1684461 - 03/30/12 08:54 PM Re: Negotiable Instrument? leo_bsayer
Elwood P. Dowd Offline
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If the customer is giving you more than $10,000 in cash to credit to a GL account, it's not a deposit. I suggest you check "other" and enter the account name. Otherwise, pity the soul who tries to look the transaction up months later.
Last edited by Ken_Pegasus; 03/30/12 09:00 PM.
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#1684558 - 03/31/12 08:27 PM Re: Negotiable Instrument? leo_bsayer
BrendaC Offline
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Also, as a reminder, examiners generally request a list of these "suspense" type accounts for review to ensure they are not being used to bypass any required reporting. BSA should review periodically to ensure entries are clearly properly and on a timely basis and that no red flags are present.
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#1684560 - 03/31/12 08:40 PM Re: Negotiable Instrument? leo_bsayer
rlcarey Online
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All I can say that running cash from a customer directly into a GL account is a very bad practice and creates all kinds of issues, as Branda alluded too. It raises your BSA risks a hundred fold. I have yet to find a ligitimate reason for this practice.
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#1684569 - 04/01/12 09:47 AM Re: Negotiable Instrument? rlcarey
Elwood P. Dowd Offline
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I struggled to think of an example of where this could happen, but decided to answer the question as asked. All I could think of that might be reasonable was a recovery on a charged off loan.
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#1684647 - 04/02/12 02:20 PM Re: Negotiable Instrument? leo_bsayer
leo_bsayer Offline
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The cashier's checks that we sell are not "on us" if that makes sense. However, the cash in from the customer affects the cashier's checks general ledger account (the pink copy of the cashier's check) that we have. Therefore, because it is an account held by the bank, we list that account number on the CTR.

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