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#2188683 - 08/10/18 02:15 PM Legal name
LSmith Offline
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LSmith
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Under the USA Patriot Act, are we required to have on file the Full Legal Name as shown on the person's PhotoID? Must it be exact? e.g. Legal Name is Mary Elizabeth Smith, but I have always gone by Elizabeth L Smith. Should our records reflect the full legal name, but make the styling of the account as to my preference or does it matter? If legal name is required, can you site where this is found?

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#2188686 - 08/10/18 02:26 PM Re: Legal name LSmith
rlcarey Online
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Galveston, TX
There name is there legal name:

(i) Customer information required β€”(A) In general. The CIP must contain procedures for opening an account that specify the identifying information that will be obtained from each customer. Except as permitted by paragraphs (a)(2)(i)(B) and (C) of this section, the bank must obtain, at a minimum, the following information from the customer prior to opening an account:

(1) Name;

What they want printed on their checks is up to you and the customer.
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#2188691 - 08/10/18 02:36 PM Re: Legal name LSmith
LSmith Offline
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LSmith
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I agree "Name", but does that specifically mean their full legal name?

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#2188713 - 08/10/18 03:25 PM Re: Legal name LSmith
LiveFunLife Offline
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I can't imagine it wouldn't?

If an actor has a screen name they would still have to put their real name on their taxes or at the bank.

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#2188718 - 08/10/18 03:43 PM Re: Legal name LSmith
Truffle Royale Offline

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In reality, your legal name is the name on your birth certificate unless you take legal steps to change it.
CIP is as Randy outlined above. Lots of people have the name they go by on their DL or other identification. For CIP, you use the ID provided to prove they are who they say they are. Unless you're making the birth certificate the CIP doc, I doubt you're really getting a lot of full legal names.

fyi: you're supposed to use the name on your current SS card to file your taxes.

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#2188798 - 08/10/18 09:06 PM Re: Legal name LSmith
LiveFunLife Offline
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Truffle. Is that not what a real name is? Checking into Social Security Cards you should match that of your ID to your SS or so says my states website. You can't get an ID in my state without the SS card being a positive match.
Last edited by LiveFunLife; 08/10/18 09:11 PM.
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#2188805 - 08/10/18 09:23 PM Re: Legal name LSmith
LiveFunLife Offline
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Some fun digging on the SSA website may help a bit as well.

For SSA enumeration purposes, a legal name consists of a:

first name; and

last name (or surname).

The legal name is the name used to sign legal documents, deeds, or contracts.

Middle names are not recognized and can be excluded for legal purposes.

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#2188880 - 08/13/18 04:40 PM Re: Legal name LiveFunLife
Truffle Royale Offline

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Originally Posted By LiveFunLife
Truffle. Is that not what a real name is?


One would think so but not necessarily. Just because they require an SS card doesn't mean they issue the ID in that name. Think, newly married woman whose SS name isn't updated.

legal Definition of legal name. 1 : a person's name that is usually the name given at birth and recorded on the birth certificate but that may be a different name that is used by a person consistently and independently or that has been declared the person's name by a court.

But Homeland Security (which is the reason you do CIP) According to 6 CFR 37.3 (Title 6 - Homeland Security; Chapter I - Department Of Homeland Security, Office Of The Secretary; Part 37 -Real Id Driver's Licenses And Identification Cards; Subpart A – General), Full legal name means β€œan individual's first name, middle name(s), and last name or surname, without use of initials or nicknames.”

This was an interesting quick read. I didn't see anywhere that said you were
Quote:
...required to have on file the Full Legal Name as shown on the person's PhotoID
Maybe the confusion is stemming from the notion that full legal names are on all photo IDs.

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#2188886 - 08/13/18 05:01 PM Re: Legal name LSmith
LiveFunLife Offline
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Truffle I think we are pointing in the same direction but are a bit off (which is good for prompting better conversation). In Michigan they say when you get married you have to have the SSA change your name prior to going to have your ID changed or else you will have significant delays. So in that situation you couldn't get an ID without it matching. However I will submit to the fact that just because they say you have to do it doesn't mean it is practiced. Maybe this is just a state specific topic so not really thinking about to hard.

I am shocked at how many definitions I have found for what counts as a legal name... All sources agree first and last is legal. It gets iffy when some like Homeland Security says it also includes middle name(s) and the SSA does not. I need to remember to take the time to read the corresponding agency's terms and definitions before I assume. It is just so easy for me to forget to get a baseline before I start working on something.

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#2188894 - 08/13/18 05:26 PM Re: Legal name LSmith
Truffle Royale Offline

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LFL, agreed. And admittedly I'm hyper sensitive about it. I have a double last name and have spent every day since I got married fighting someone on hyphenating it or not, or putting the first part of my last name as my middle name and thereafter reducing it to an initial. Gotta love it when someone tells me what my name really should be based on whatever their notion is. laugh

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#2188925 - 08/13/18 07:31 PM Re: Legal name LSmith
LiveFunLife Offline
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Oh my I bet that could get hectic. Getting married is stressful enough as it is what with the cake plannings, reception, and other things I am sure are close to as important but toss in legal works psh. It's your name do what you will with it.

It could bring up a HUGE can of worms but why do people think they get input on another persons life. Take my name keep your own make up a different one whatever floats your boat right?

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#2188936 - 08/13/18 08:44 PM Re: Legal name LSmith
Reg Warrior Offline
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I need to get a Real ID before 2020 and need to prove my legal name, which as has been on my DL from 12 years. I have to present my birth certificate, first marriage certificate, my divorce decree, second marriage certificate, and SSN/Passport (that has had my legal name for the last 12 years). You would think that the if the federal government accepts my legal name on a passport, then the state would not need all the other documents.

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#2188940 - 08/13/18 08:53 PM Re: Legal name Reg Warrior
HappyGilmore Offline
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Pulling people out of the ditc...
Originally Posted By Reg Warrior
You would think that the if the federal government accepts my legal name on a passport, then the state would not need all the other documents.


even the state doesn't trust the federal government to get it right...
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#2188965 - 08/14/18 02:51 AM Re: Legal name LSmith
Truffle Royale Offline

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gad what State are you in, Reg? I never had to do anything but show up with my about to expire DL and the new one issued was a Real ID.

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#2189022 - 08/14/18 04:02 PM Re: Legal name LSmith
Reg Warrior Offline
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Truffle, I'm in the state (CA) that is burning to the ground at the moment. In the past when I renewed all I had to do was pay and a new license issued. But since CA staring issuing licenses to undocumented aliens (trying to be PC), all licenses issued prior to January 2018 were no longer considered a Real ID under the federal law.

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#2189166 - 08/15/18 02:34 PM Re: Legal name LSmith
John Burnett Offline
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Massachusetts is starting to issue REAL ID-compliant licenses, and has been warning drivers that the renewal process for the transition to REAL ID will be a challenge and take more time. It can't be done online, so a visit to the RMV or an AAA office with Registry services will be required, and I'll have to bring extra documentation. But once I have a REAL-ID license, renewals will again become routine.

Or so they say.
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#2189208 - 08/15/18 03:55 PM Re: Legal name LSmith
Reg Warrior Offline
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Even if you have an appointment with CA DMV, it may take 2 hours to get your license renewed. If you don't have an appointment, it may take 4-6 hours to get your license. CA has not given AAA authority to process DLs, only car registrations. Until I can find the time to go get certified copies of my first marriage certificate and divorce decree from another county (meaning I need to take a day off work), there won't be a Real ID in my future. Thank God I have my passport.

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#2189476 - 08/16/18 08:14 PM Re: Legal name LSmith
SeekingKnowledge Offline
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We are dealing with this in SC, however having a Passport pretty much simplified the entire process. My wife took to the DMV her Passport, proof of address, and SS Card and that was sufficient. She did not have to worry about any of the name change headache because she had a Passport in hand. Our DMVs are just as annoying as anyone else's, but at least she got off a little easier than those without a Passport.

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#2200700 - 12/13/18 10:25 PM Re: Legal name Truffle Royale
Michelle III Offline
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Michelle III
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PA
So Truffle,

What should we do with the person whose DL shows the hyphenated name, and the customer just decided it was too much work and only want to use one or the other last name? "No one's questioned it before, why should the bank give me a hard time?? " Of course my branch wants to just list her last name (her maiden name due to divorce) in our core. Apparently she's gotten divorced, but hasn't update her DL.

BSA/CIP policy and OFAC states we must use the legal name listed on the DL. I say get it fixed on the DL and we'll change it in our core. In the mean time her legal name is a hyphenated name.

Thoughts?
Michelle

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#2200706 - 12/13/18 10:50 PM Re: Legal name LSmith
rlcarey Online
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rlcarey
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Galveston, TX
Legal name on the system - you can print mickey mouse on the check order if you want too.
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#2200720 - 12/14/18 01:56 PM Re: Legal name LSmith
edAudit Offline
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edAudit
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You are here
BSA/CIP policy and OFAC states we must use the legal name listed on the DL

If there is a divorce decree and it states a name change (or other legal way to change name) the DL with incorrect name would not include the legal name.
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#2200739 - 12/14/18 04:16 PM Re: Legal name LSmith
chenin Offline
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We require the name on the account to be the name on the government issued ID.

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