Skip to content
BOL Conferences
Thread Options
#1890277 - 01/24/14 08:26 PM Copy of Drivers License required?
JWills, CRCM Offline
Diamond Poster
JWills, CRCM
Joined: May 2013
Posts: 1,781
The Mitten State
Can anyone tell me if a bank is required to keep a copy of a customers drivers license?
_________________________
Nonsense wakes up the brain cells.

--Dr. Seuss

Return to Top
BSA/AML/CIP/OFAC Forum
#1890282 - 01/24/14 08:30 PM Re: Copy of Drivers License required? JWills, CRCM
ACBbank Offline
Power Poster
ACBbank
Joined: Jul 2006
Posts: 4,344
New York City
From the BSA/AML Examination Manual:

"A bank may keep photocopies of identifying documents that it uses to verify a customer’s identity; however, the CIP regulation does not require it."

Just make note that your internal procedure may require it.
_________________________
"100 victories in 100 battles isnt the most skillful. Subduing the other's military w/o battle is the most skillful." Sun-Tzu

Return to Top
#1890287 - 01/24/14 08:34 PM Re: Copy of Drivers License required? JWills, CRCM
rlcarey Offline
10K Club
rlcarey
Joined: Jul 2001
Posts: 83,219
Galveston, TX
You do however have to capture certain information and maintain that, such as the DL number and issue and expiration date whether you maintain a copy of the document or not.
_________________________
The opinions expressed here should not be construed to be those of my employer: PPDocs.com

Return to Top
#1890297 - 01/24/14 08:42 PM Re: Copy of Drivers License required? JWills, CRCM
JWills, CRCM Offline
Diamond Poster
JWills, CRCM
Joined: May 2013
Posts: 1,781
The Mitten State
We do the state of issuance and the drivers license number.
_________________________
Nonsense wakes up the brain cells.

--Dr. Seuss

Return to Top
#1890307 - 01/24/14 08:54 PM Re: Copy of Drivers License required? JWills, CRCM
rlcarey Offline
10K Club
rlcarey
Joined: Jul 2001
Posts: 83,219
Galveston, TX
That's not enough:

(i) Required records. At a minimum, the record must include:

(B) A description of any document that was relied on under paragraph (a)(2)(ii)(A) of this section noting the type of document, any identification number contained in the document, the place of issuance and, if any, the date of issuance and expiration date;
_________________________
The opinions expressed here should not be construed to be those of my employer: PPDocs.com

Return to Top
#1890315 - 01/24/14 09:04 PM Re: Copy of Drivers License required? JWills, CRCM
JWills, CRCM Offline
Diamond Poster
JWills, CRCM
Joined: May 2013
Posts: 1,781
The Mitten State
We have all but the expiration date-we will have to add that.
_________________________
Nonsense wakes up the brain cells.

--Dr. Seuss

Return to Top
#1890325 - 01/24/14 09:13 PM Re: Copy of Drivers License required? JWills, CRCM
rlcarey Offline
10K Club
rlcarey
Joined: Jul 2001
Posts: 83,219
Galveston, TX
Well, I guess you have a CIP violation on every one of these on file since October 2003.

So you capture the issuance date and not the expiration date? Last I checked, Michigan had both.
_________________________
The opinions expressed here should not be construed to be those of my employer: PPDocs.com

Return to Top
#1890330 - 01/24/14 09:17 PM Re: Copy of Drivers License required? rlcarey
JWills, CRCM Offline
Diamond Poster
JWills, CRCM
Joined: May 2013
Posts: 1,781
The Mitten State
Originally Posted By: rlcarey
That's not enough:

(i) Required records. At a minimum, the record must include:

(B) A description of any document that was relied on under paragraph (a)(2)(ii)(A) of this section noting the type of document, any identification number contained in the document, the place of issuance and, if any, the date of issuance and expiration date;


Where is this coming from Randy, I am trying to find it. Thank you
_________________________
Nonsense wakes up the brain cells.

--Dr. Seuss

Return to Top
#1890337 - 01/24/14 09:24 PM Re: Copy of Drivers License required? JWills, CRCM
rlcarey Offline
10K Club
rlcarey
Joined: Jul 2001
Posts: 83,219
Galveston, TX
31 CFR Chapter X

§ 1020.220 Customer Identification Programs for banks, savings associations, credit unions, and certain non-Federally regulated banks.

Look under Recordkeeping
_________________________
The opinions expressed here should not be construed to be those of my employer: PPDocs.com

Return to Top
#1890343 - 01/24/14 09:26 PM Re: Copy of Drivers License required? JWills, CRCM
JWills, CRCM Offline
Diamond Poster
JWills, CRCM
Joined: May 2013
Posts: 1,781
The Mitten State
Thanks Randy, found it.
Last edited by JWills; 01/24/14 09:35 PM.
_________________________
Nonsense wakes up the brain cells.

--Dr. Seuss

Return to Top
#1890551 - 01/27/14 03:37 PM Re: Copy of Drivers License required? JWills, CRCM
WIBanker91 Offline
100 Club
Joined: Nov 2011
Posts: 185
WI
You may also want to check state law regarding copying a Driver's license.

Return to Top
#1890572 - 01/27/14 04:20 PM Re: Copy of Drivers License required? JWills, CRCM
Compliance Diva Offline
New Poster
Joined: Mar 2009
Posts: 10
Michigan
Michigan Driver's Licenses did not have the issue date prior to the 2011 changes. We just started implementing this for MI DLs with an expiration date of 2015 or later. Any MI driver's licenses prior to that would not reflect an issue date so there would not be any violations. Our auditors and regulators that conduct our reviews are aware of this.

Return to Top
#1890582 - 01/27/14 04:34 PM Re: Copy of Drivers License required? JWills, CRCM
Elwood P. Dowd Offline
10K Club
Elwood P. Dowd
Joined: Aug 2001
Posts: 21,939
Next to Harvey
Footnote 49, Page 56 (document, not pdf) BSA/AML Examination Manual:

A bank may keep photocopies of identifying documents that it uses to verify a customer’s identity; however, the CIP regulation does not require it. A bank’s verification procedures should be risk-based and, in certain situations, keeping copies of identifying documents may be warranted. In addition, a bank may have procedures to keep copies of the documents for other purposes, for example, to facilitate investigating potential fraud. However, if a bank does choose to retain photocopies of identifying documents, it should ensure that these photocopies are physically secured to adequately protect against possible identity theft. (These documents should be retained in accordance with the general recordkeeping requirements in 31 CFR 103.38.) Nonetheless, a bank should be mindful that it must not improperly use any documents containing a picture of an individual, such as a driver’s license, in connection with any aspect of a credit transaction. Refer to Frequently Asked Questions Related to Customer Identification Program Rules issued by FinCEN, Board of Governors of the Federal Reserve System, Federal Deposit Insurance Corporation, National Credit Union Administration, Office of the Comptroller of the Currency, and Office of Thrift Supervision, April 28, 2005. Emphasis Supplied
_________________________
In this world you must be oh so smart or oh so pleasant. Well, for years I was smart. I recommend pleasant.

Return to Top

Moderator:  Andy_Z