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#1473549 - 11/30/10 01:17 PM 30 Day Notice Required?
tango Offline
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Are we required to give 30 days advance notice to change our fees for the following: 1)Stop Payments 2)Early Closing Fee on a Savings (within 6 months)

We're a credit union, if that matters.

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#1473551 - 11/30/10 01:29 PM Re: 30 Day Notice Required? tango
Soccer Offline
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For banks it's 30 days, I'm not sure about credit unions.
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#1474862 - 12/02/10 12:28 AM Re: 30 Day Notice Required? Soccer
Andy_Z Offline
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I'm recalling Reg DD doesn't apply to CUs but I don't know if there is a replacement rule?
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#1474867 - 12/02/10 12:44 AM Re: 30 Day Notice Required? Andy_Z
Kathleen O. Blanchard Offline

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Kathleen O. Blanchard
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Refer to 707.5 for "subsequent disclosures" for CU Truth in Savings.

http://www.ncua.gov/Resources/RegulationsOpinionsLaws/rules_and_regs/2010NCUARegulations.pdf
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#1474893 - 12/02/10 12:57 PM Re: 30 Day Notice Required? Kathleen O. Blanchard
John Burnett Offline
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TISA requires that NCUA adopt regulations that are substantially similar to Reg DD, allowing for a few of the unique differences between credit unions and banks.
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#1475323 - 12/02/10 07:37 PM Re: 30 Day Notice Required? John Burnett
Andy_Z Offline
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Thanks, John. I knew there was something in there. As I recall they also had like an extra six months or a year to implement their rules over the mandatory date for banks.
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AndyZ CRCM
My opinions are not necessarily my employers.
R+R-R=R+R
Rules and Regs minus Relationships equals Resentment and Rebellion. John Maxwell

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#1476248 - 12/05/10 05:03 AM Re: 30 Day Notice Required? Andy_Z
John Burnett Offline
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(a) In general
No regulation prescribed by the Board under this chapter shall apply directly with respect to any depository institution described in clause (iv) of section 461 (b)(1)(A) of this title.
(b) Regulations prescribed by NCUA
Within 90 days of the effective date of any regulation prescribed by the Board under this chapter, the National Credit Union Administration Board shall prescribe a regulation substantially similar to the regulation prescribed by the Board taking into account the unique nature of credit unions and the limitations under which they may pay dividends on member accounts.

12 USC 4311
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#1477760 - 12/08/10 05:38 PM Re: 30 Day Notice Required? John Burnett
Libby M. Offline
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How about if you currently charge a daily overdraft fee and you are going to stop charging a daily overdraft fee? Is any notification required by Reg. DD, Z, etc. before or after the fee has been stopped?
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#1478801 - 12/09/10 09:57 PM Re: 30 Day Notice Required? Libby M.
John Burnett Offline
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Presumably there's nothing about your deposit account or fee that implicates Regulation Z. Regulation DD requires that you provide advance notice "if the change may reduce the annual percentage yield or adversely affect the consumer." [12 CFR Part 230, ยง230.5(a)(1)] So, if the only change you're making is the elimination of the daily fee, you would not have to provide an advance notice. You would, however, need to update your current disclosures and fee schedules, including any disclosure you might make in order to solicit opt-ins for an overdraft service that covers ATM or one-time debit card transactions.

That said, if my bank decided to do away with a fee, I'd expect it to "blow its own horn" and notify me of the good news. There would be no 30-day timing requirement.

Now, if you're at the same time raising your transactional OD fee to offset the expected loss of income from your erstwhile daily OD fee, you'd have to provide 30 days' notice of the increase.
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