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#192086 - 05/19/04 07:57 PM Branch cut-off time change
Some Days You Just Can't Win Offline
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Some Days You Just Can't Win
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Mississippi River Valley
We are changing the cut off time for one branch in a 4-bank charter. Currently all cut off times are the same at all branches of this charter. A 30-day notice is required because we are shortening the business day by 1/2 hour at that one branch. (The other 3 banks in the charter are not changing.)

Q1. Do we have to send the notification to all customers of that charter or can we notify only the customers of that specific branch?

On the same Reg CC notice as the above mentioned charter, 3 other separate charters are listed also. (Currently all four charters have the same Funds Availability Notice.) This is going to change the Funds Availability Notice that was originally given to customers at each of the four charters. (The cut off time is listed for each location, and each charter has the same name as all of the banks in our company do.)

Q2. Do we have send notification to all customers at each of the four charters even though only one branch of one charter is changing the cut off time?

I read over Reg CC several times (229.18 and 229.19) as well as several BOL threads but still I am unsure.

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General Discussion
#192087 - 05/19/04 08:06 PM Re: Brach cut-off time change
Tisa Offline
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Do your customers ever use a different branch? Or do they always go to the branch where their account is domiciled? If they could potentially use a different branch (with the shorter cut-off time), I'd think you'd need to disclose that to them.
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#192088 - 05/19/04 08:08 PM Re: Brach cut-off time change
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Quote:

Do your customers ever use a different branch? Or do they always go to the branch where their account is domiciled? If they could potentially use a different branch (with the shorter cut-off time), I'd think you'd need to disclose that to them.




All of our customers at each of the charters and branches have the capability to make deposits, etc at ony one of our banks. So are you saying that because our customers can deposit at anyone of our locations, no matter the charter/branch relationship, we should disclose to all customers throughout our organization at all charters?
Last edited by Kimm; 05/20/04 06:36 PM.
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#192089 - 05/20/04 06:37 PM Re: Brach cut-off time change
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Mississippi River Valley
Bump....anyone care to reply please?
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#192090 - 05/20/04 07:05 PM Re: Brach cut-off time change
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I'm a little confused by your use of terminology for charters and branches, but I would tend to agree with TISA on this one - anyone who could make a deposit at the branch should probably be notified of the change. I wouldn't think that this would be a major problem, as it would probably be easiest to notify of the change through a statement message or insert anyway - and that should cover all of your customers.
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#192091 - 05/20/04 07:35 PM Re: Brach cut-off time change
RVFlyboy Offline
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I think you need to disclose to any of your customers who could be adversely affected by this change. As you describe it, that would be all the customers of all your charters since any of them could make a deposit at the branch with the earlier cut-off time.
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#192092 - 05/21/04 10:01 AM Re: Branch cut-off time change
Elwood P. Dowd Offline
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The notice is only required for holders of consumer accounts.

First, when there is a single bank involved and you have multiple cut off times at different branches, you must disclose the earliest possible cut off time. If you were to make that cut off time earlier, you would have to notify all customers, not just those whose accounts were based at that branch.

Second, your organization's current practice of homogenizing the Regulation CC disclosures does not necessarily mean you could not separate this bank from the other three by sending the notice of change only to its existing customers and revising the initial disclosure for this bank alone.

However, if one of your goals is to maintain the same disclosure for all four institutions, then I agree with Magic, all consumer customers at the four banks are entitled to notice of the change. You also need to revise your initial disclosure. Those opinions become even less flexible if your customers are routinely made aware that they can make deposits of any of the four banks.

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#192093 - 05/21/04 12:56 PM Re: Branch cut-off time change
Anonymous
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To save dough could Kimm use the statement message area of the periodic statements or is a separate mailing required?

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#192094 - 05/21/04 04:49 PM Re: Branch cut-off time change
Some Days You Just Can't Win Offline
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Some Days You Just Can't Win
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Mississippi River Valley
Quote:

To save dough could Kimm use the statement message area of the periodic statements or is a separate mailing required?




In 229.18(e) of the commentary it states:
Changes in Policy
"This paragraph requires banks to send notices to their customers when the banks change their availability policies with regard to consumer accounts. A notice may be given in any form as long as it is clear and conspicuous. ............"

So based on that it appears to me that we can notify customers of the change by inserting a message onto the statements....

Does anyone dissagree?
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#192095 - 05/27/04 05:53 PM Re: Branch cut-off time change
Anonymous
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the disclosure states the earliest cut off time.
15 branches do not have a cut off time. ( in City X)
5 branches (in city Y and Z) have a cut off time..
The notices at teller windows for 15 branches in City X- Do they have to also disclose the cut -off time for the other branches??
Tho

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