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#1093758 - 12/08/08 10:34 PM Loan stated purpose for BSA compliance?
complyyes Offline
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Joined: Apr 2006
Posts: 51
Midwest
For BSA/AML compliance, do all loans (or loans > 10,000) need a purpose stated on the application to comply? We require the lenders to insure that the purpose of the loan is stated per our internal lending procedures. However, I want to know if the purpose is left incomplete on the application, is it also a BSA/AML finding?

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#1093822 - 12/08/08 11:29 PM Re: Loan stated purpose for BSA compliance? complyyes
homestar Offline
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Posts: 2,245
US of A
It doesn't necessarily have to be stated on the application form itself if you have it documented somewhere else. The key is to have it documented in a fashion that you can demonstrate compliance. In other words, don't lose it.
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#1094058 - 12/09/08 03:32 PM Re: Loan stated purpose for BSA compliance? complyyes
Ted Dreyer Offline
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Ted Dreyer
Joined: Apr 2001
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It applies to extensions of credit over $10,000 unless it is secured by an interest in real property.

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#1113094 - 01/17/09 02:23 AM Re: Loan stated purpose for BSA compliance? Ted Dreyer
It Depends... Offline
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Joined: Sep 2007
Posts: 1
Does the >$10,000 threshold apply to loans only, or does it apply to lines of credit as well?

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#1113112 - 01/17/09 01:11 PM Re: Loan stated purpose for BSA compliance? It Depends...
Dolly Nugent Offline
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Dolly Nugent
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Southern California
A line of credit is an extension of credit, so the answer is yes.
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#1113192 - 01/19/09 01:12 PM Re: Loan stated purpose for BSA compliance? complyyes
Elwood P. Dowd Offline
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Elwood P. Dowd
Joined: Aug 2001
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Next to Harvey
Quote:
We require the lenders to insure that the purpose of the loan is stated per our internal lending procedures.


As noted, the regulation does not require a statement of purpose on all loans or stipulate where the information should be recorded. However, if your own policy requires it on all loans then a failure to obtain it on any loan could/should be listed as a criticism in a BSA/AML examination.

"Personal" or "business" is not a statement of purpose. The description should be adequate to allow a reviewer to "chase proceeds" and compare the borrower's use of the funds to the stated purpose of the loan.
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