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#2262548 - 11/16/21 04:43 PM Change in Dormant Timeframes
kjbabington Online
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Joined: Jan 2006
Posts: 203
FL
The bank is wanting to change its inactive and dormant timeframes from 12 and 24 months to 15 and 36 months respectively. This information is currently provided in the initial TIS disclosure. Would this require a notification to the customer of the change due to the timeframes changing?

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Operations Compliance
#2262554 - 11/16/21 05:46 PM Re: Change in Dormant Timeframes kjbabington
BrianC Offline
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BrianC
Joined: Nov 2004
Posts: 6,721
Illinois
Since the change is to the customer's benefit (I presume you disclose the timeframe because a fee is imposed) no change in terms notice is required under Reg DD.
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#2262577 - 11/16/21 09:25 PM Re: Change in Dormant Timeframes kjbabington
Dan Persfull Online
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Dan Persfull
Joined: Aug 2002
Posts: 47,532
Bloomington, IN
If you haven't already be sure to check you state statutes for any specified time frames. From the IN Code:

(c) For the purpose of this section:

(1) a transaction account (as defined in 12 CFR 204.2(e)) is considered a dormant account after one (1) year from the date of the last transaction recorded on the books of the bank, savings bank, or trust company with respect to the account; and

(2) any other account that is not a transaction account (as defined in 12 CFR 204.2(e)) is considered a dormant account after three (3) years from the date of the last transaction recorded on the books of the bank, savings bank, or trust company with respect to the account.
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#2262587 - 11/17/21 07:13 AM Re: Change in Dormant Timeframes kjbabington
rlcarey Offline
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rlcarey
Joined: Jul 2001
Posts: 83,368
Galveston, TX
Dan makes a good point . Do not confuse dormant as defined by State law and the account being inactive as defined by the bank. And if the change is not detrimental to the depositor, pre-notification is not required, but that does not mean you do not need to send a change in terms notice to modify your depositor's contract or redisclose under Regulation DD.
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#2262611 - 11/17/21 09:05 PM Re: Change in Dormant Timeframes kjbabington
Susielou Offline
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Joined: Aug 2005
Posts: 362
Midwest
There are no requirements on what fees the bank have on dormant service charges are there?

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#2262613 - 11/17/21 09:33 PM Re: Change in Dormant Timeframes kjbabington
BrianC Offline
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BrianC
Joined: Nov 2004
Posts: 6,721
Illinois
Any requirements would be a matter of state law.
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#2262626 - 11/18/21 06:37 AM Re: Change in Dormant Timeframes kjbabington
rlcarey Offline
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rlcarey
Joined: Jul 2001
Posts: 83,368
Galveston, TX
In some State there are rules on fees and then you also may have to follow specific rules to the letter. I worked at bank that was not following the rules and had to write a check to the State in the 6 figure range and the cost of the research and negotiation to come up with that number was also probably that expensive.
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#2262664 - 11/18/21 05:53 PM Re: Change in Dormant Timeframes kjbabington
Dan Persfull Online
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Dan Persfull
Joined: Aug 2002
Posts: 47,532
Bloomington, IN
The Board is responsible for establishing the fee and the reasonableness for that fee. Generally it is based on the documented estimated cost for maintaining the account.

From the IN Code - IC 28-1-20-1.1

(b) Any bank, savings bank, or trust company may impose and
collect a monthly service charge and maintenance charge on dormant
accounts, in amounts that:
(1) are reasonable, as determined by resolution of the board of
directors; and
(2) are properly disclosed to the bank's, savings bank's, or trust
company's depositors.
_________________________
The opinions expressed are mine and they are not to be taken as legal advice.

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