We have received advice that we should be aware of State law as it relates to the placing of remote capture devices at merchant locations. We are in the beginning phases of implementing remote deposit capture and would like to know if other banks are taking each state's law into consideration before placing devices at merchants within that state. Also, are you allowing the merchant to choose whether they lease or purchase the device?

We have reviewed the OCC Interpretive Letter #1036 dated August 2005 which indicates that the OCC considers as a remote service unit which doesn't qualify as a branch. Therefore, we feel comfortable that this won't be an issue with our primary regulators, but we don't want to get into an issue with a State either.

I would suggest you check with your state banking commision, but I am pretty certain this is not branch banking. It really is not much different if there was a couier that was transporting the deposit for a business acount just done via ma bell

I don't know about your charter but we are OTS so we can open a branch wherever we want without state approval. If you don't need state approval, don't go asking for it.