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#2010542 - 04/27/15 07:30 PM Missouri - Dormant Account Fees
Lizzy61 Offline
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Joined: Apr 2015
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Mid West
In Missouri, is it allowable to charge some dormant accounts a fee and not charge others? I thought on dormant fees you had to assess it on all dormant accounts and were not allowed to waive it but others have a different opinion. It is disclosed at account opening. This is my first post so thank you to all who help me out. smile

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#2010588 - 04/27/15 08:56 PM Re: Missouri - Dormant Account Fees Lizzy61
el guapo Offline
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el guapo
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That would be covered by the relevant Missouri abandoned property laws, but without looking them up yet every state that allows a dormant fee to be charged that I have seen in the past does not allow for the fee to be charged inconsistently. I'll look up Missouri's abandoned property laws right now, but if it's not specifically addressed your best bet is to call the department responsible for abandoned property for the State of Missouri.

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#2010593 - 04/27/15 09:14 PM Re: Missouri - Dormant Account Fees Lizzy61
el guapo Offline
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http://www.moga.mo.gov/mostatutes/stathtml/44700005061.html

Quote:

Imposition of charges including prepayment penalties on certificates of deposit, requirements--not to affect unclaimed property.


447.506. 1. For the purpose of sections 447.500 to 447.595, a banking organization, business association, or financial organization may impose charges including prepayment penalties on certificates of deposit, on property subject to sections 447.500 to 447.595 that are lawful when collected, provided such organization or association gives prior constructive or actual notice to their customers that such charges may be imposed.

2. Incorrect computations or other bona fide errors that result in recredited charges to a customer's account that are made despite the holder's standard procedures to the contrary do not establish a pattern of custom or usage for charges on unclaimed property.

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#2011017 - 04/29/15 05:44 PM Re: Missouri - Dormant Account Fees Lizzy61
Lizzy61 Offline
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Mid West
Thanks! I had read that also and felt like it was saying you had to charge the same across the board but wanted a second opinion.

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#2019301 - 06/09/15 06:08 PM Re: Missouri - Dormant Account Fees Lizzy61
MTW75 Offline
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Joined: Apr 2007
Posts: 64
Lexington, Kentucky
I'm going to assume you are referring to periodic fees (often monthly or quarterly) charged against accounts that have reached the "dormant" status (however defined in your core system). Among my bank clients I see some charge the fee (often $3 or $5 a month/quarter) across the board, while others do not charge the dormant fee to accounts with at least a minimum balance (such as $100). In either case I always verify that their practice is properly disclosed at account opening. A fee structure such as this has always seemed to me to be at the discretion of the bank (and hopefully properly disclosed).

Now, if you are referring to a fee charged to an account prior to escheatment to the state I would expect that to be governed by state law. I do have a few bank clients that assess a fee (often $50, taken from the balance in the account) when escheating funds to the state. So, in Kentucky anyway, that is permissible.
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#2019408 - 06/09/15 10:10 PM Re: Missouri - Dormant Account Fees MTW75
el guapo Offline
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I would have those clients check the Kentucky Holder Reporting & Instructions manual, specifically page 7: http://www.kytreasury.com/NR/rdonlyres/83D8290E-C852-46CB-AA8E-C4504418BD3F/0/2014KYHolderBook.pdf

Quote:
ATTENTION: Important Information on Statements Below.

Pursuant to the provisions of KRS 393.130(5), 20 KAR 1:090 provides that each interest bearing account should be placed in accounts titled in the original owner’s (depositor’s) name, assignable to the Commonwealth of Kentucky, Department of Treasury.

The rate of interest earned by each assignable account must be the same as the contract rate earned by the predecessor account. No fees or charges shall be imposed by the holder from and after the date of presumption of abandonment. Assignable accounts can be set up as a new account or as a name change effected by the institution.

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#2019517 - 06/10/15 03:25 PM Re: Missouri - Dormant Account Fees el guapo
MTW75 Offline
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Lexington, Kentucky
I should have been more specific. The banks to which I'm referring are charging that fee to escheat funds to the state of Kentucky are charging that fee to non-interest bearing accounts ONLY. Interest bearing accounts are retained by the bank and the account name is adjusted to reflect that it is an account that was escheated to the Commonwealth of Kentucky.
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"The words you say never seem to live up to the ones inside your head." Chris Cornell (Soundgarden)

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#2020749 - 06/16/15 06:07 PM Re: Missouri - Dormant Account Fees MTW75
Lizzy61 Offline
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Joined: Apr 2015
Posts: 10
Mid West
Yes I was referring to the monthly fee. There was some discussion that you could waive the monthly dormant fee on some types of accounts (such as organizations) but then charge it on individuals. The balance of the account would have no bearing on the fee.

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