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#2209930 - 03/29/19 09:29 PM CTR for entity with husbank and wife as owners
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Filing a CTR for an entity - the entity is listed as the person on whose behalf deposit transaction was conducted - how are the husband and wife listed

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#2209936 - 03/30/19 12:22 AM Re: CTR for entity with husbank and wife as owners Compliance Action Subscriber 1226
BrianC Offline
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How is the business organized? Sole-proprietor, partnership, LLC, Corporation, etc?
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#2209945 - 03/30/19 04:06 PM Re: CTR for entity with husbank and wife as owners Compliance Action Subscriber 1226
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Partnership

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#2209946 - 03/31/19 03:06 AM Re: CTR for entity with husbank and wife as owners Compliance Action Subscriber 1226
BrianC Offline
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Thanks. So the husband and wife partners are not listed at all unless one or both of them conducted transactions on the partnership's behalf. Consider beneficial ownership FAQ #33

When completing a CTR for a business (i.e., corporations, limited liability companies, and general partnerships) will beneficial owners now need to be listed as beneficiaries in such CTRs? If yes, would this also include trust and estate accounts?

A. No. The Rule does not change the existing currency transaction reporting requirements or any guidance FinCEN published pursuant to this reporting requirement. Thus, a covered financial institution is not required to list the beneficial owners of a business, or trust or estate account, when completing a CTR as a matter of course. A financial institution must list a beneficial owner in Part 1 of the CTR only if the financial institution has knowledge that the transaction(s) requiring the filing is made on behalf of the beneficial owner and results in either cash in or cash out totaling more than $10,000 during any one business day.
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#2209964 - 04/01/19 02:18 PM Re: CTR for entity with husbank and wife as owners Compliance Action Subscriber 1226
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Ok, we did a CTR listing the partnership as the person on whose behalf the transaction was conducted and both the husband and wife as person conducting transaction for another - should we amend that CTR to just the wife that had made the deposit

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#2209994 - 04/01/19 04:01 PM Re: CTR for entity with husbank and wife as owners Compliance Action Subscriber 1226
John Burnett Offline
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Cape Cod
Yes, since it indicates that H was also a conductor (which he was not). That makes the CTR (as currently filed) a misrepresentation of the facts of the transaction -- in other words, it was incorrect.

If there had been two deposits the same day, one made by H and the other by W, both to the partnership account, totaling over $10K in cash, you'd be correct in listing both H and W as persons conducting on behalf of another.
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