Seriously, you'd run the risk in the extreme of having your portfolio (not just that account) classified as a DDA product. So lets go back X months or years to the beginning of the problem and recalculate the reserves you should have had. Oh, looks like you were short based on all these new DDA accounts. That could be a penalty. It is certainly a nightmare.
I heard once of a bank where the examiners were considering making the board pay the bank back the interest that was paid on these now DDAs. (I told my board that and had complete cooperation in this matter.)
Basically, it isn't worth it. At the very best you'll tell your examiner that you don't care about that law and you'll accept whatever penalty they choose.
The net, net, net is that it isn't really up to the bank or its officer to decide which laws and policies you decide to follow today.
My opinions are not necessarily my employers.
Rules and Regs minus Relationships equals Resentment and Rebellion. John Maxwell