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#2180502 - 06/01/18 08:54 PM Auth Signer/Control prong-no power to open account
Bec Offline
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Bec
Joined: Jul 2010
Posts: 1,115
The Great White North
We have a situation in which the beneficial owners are identified as two individuals, and then the control person is the authorized signer on the account. The resolution for this particular business does not allow the authorized signer to open accounts. The certification form indicates the name and title of natural person opening account. Would that mean that my control person will not be able to sign there as the certifier, even though they are the control prong, because they do not have those powers?
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#2180505 - 06/01/18 09:05 PM Re: Auth Signer/Control prong-no power to open account Bec
Daisy Doodle Offline
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Southern U.S.
I might have a trusted manager of my business and still not want them opening additional accounts without my knowledge (that's common sense). That doesn't mean the control party would not have knowledge of the ownership of the business and be able to reasonably certify.

That's my opinion, anyway. There are no requirements in the reg as to who certifies, but at our bank, we want an owner or a significant participant in the company, and the control party would qualify for us.

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#2180506 - 06/01/18 09:06 PM Re: Auth Signer/Control prong-no power to open account Bec
Bec Offline
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Bec
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The Great White North
While I totally agree with your assessment, the form specifically says person opening account on the certification line. I don't recall if that requirement was outlined in the reg itself, but that is what the line reads on the appendix A form.
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#2180513 - 06/01/18 09:20 PM Re: Auth Signer/Control prong-no power to open account Bec
Adam Witmer Offline
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Who actually opened the account?
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All statements are my opinion, not those of my employer, and should not be taken as legal advice.
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#2180533 - 06/01/18 10:50 PM Re: Auth Signer/Control prong-no power to open account Bec
Bec Offline
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Bec
Joined: Jul 2010
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The Great White North
The business owner is going to be sent the docs. I'm thinking that they would sign the form.
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#2180537 - 06/02/18 11:23 AM Re: Auth Signer/Control prong-no power to open account Bec
Adam Witmer Offline
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If the business owner is opening the account on behalf of the legal entity customer, then they would complete the certification form.

From the final rule:
"(1) Identify the beneficial owner(s) of each legal entity customer at the time a new account is opened, unless the customer is otherwise excluded pursuant to paragraph (e) of this section or the account is exempted pursuant to paragraph (h) of this section. A covered financial institution may accomplish this either by obtaining a certification in the form of appendix A of this section from the individual opening the account on behalf of the legal entity customer, or by obtaining from the individual the information required by the form by another means, provided the individual certifies, to the best of the individual's knowledge, the accuracy of the information; "
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Adam Witmer, CRCM

All statements are my opinion, not those of my employer, and should not be taken as legal advice.
www.compliancecohort.com

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