Skip to content
BOL Conferences
Thread Options
#615778 - 09/20/06 07:29 PM ODP - Reg DD and Merger
upstateNY Offline
Platinum Poster
Joined: Apr 2003
Posts: 933
New York State
I'll take a stab that someone will bite on this one. Two institutions merge, Bank A and Bank B. Bank B does promote ODP and is currently making the proper disclosures on statements, etc.

Bank A is the surviving institution and does not "promote" overdraft protection. Bank B will take on Bank A's products and will no longer "promote" the OD protection feature after merger in to Bank A.

Does Bank A have to continue to provide the additional statement disclosures to those customers of Bank B, after the completion of the merger, since Bank B was "promoting" on and after 07/01/06?
Last edited by John Burnett; 09/20/06 08:57 PM.
Return to Top
Deposits and Payments
#615779 - 09/20/06 07:44 PM Re: ODF - Reg DD and Merger
John Burnett Offline
10K Club
John Burnett
Joined: Oct 2000
Posts: 40,086
Cape Cod
Bank A should carefully ensure that no advertisements promoting the payment of overdrafts are issued in its name post-merger. Then Bank A does not need to comply with the statement total requirements of 230.11(a).

See the comment to section 230.11(a)(5), which reads:

Quote:

(a)(5) Acquired accounts
1. Examples. As provided in § 230.11(a)(5) of this part, an institution that acquires deposit accounts through merger or acquisition must provide the disclosures required by paragraph (a)(1) of this section for the first statement period that begins after the institution promotes the payment of overdrafts in an advertisement that applies to the acquired account. If the acquiring institution does not advertise the payment of overdrafts, or the advertisement does not apply to the acquired accounts, the institution need not provide the disclosures required by § 230.11(a)(1) of this part for the acquired accounts even if the depository institution that previously held the accounts advertised the payment of overdrafts with respect to those accounts.


_________________________
John S. Burnett
BankersOnline.com
Fighting for Compliance since 1976
Bankers' Threads User #8

Return to Top
#615780 - 09/20/06 07:45 PM Re: ODF - Reg DD and Merger
upstateNY Offline
Platinum Poster
Joined: Apr 2003
Posts: 933
New York State
Thanks John, you are the man!!!!!!!!!

Return to Top

Moderator:  John Burnett