07/14/2019
If two separate, unrelated banks have a mutual customer that is engaging in an unrelated loan at each bank that is NOT a participation loan, can one
bank rely on the other bank's beneficial ownership efforts? Again, there is no relation between the two banks or the loan being conducted, the only
common denominator is the each bank is working on a loan for the same legal entity. We have a situation to where the legal entity's beneficial owner
does not want to supply his information to us as he already provided it to the other bank that is working on a separate loan for him. It was basically
suggested for us to ask the other bank for the beneficial owner information. It is also being suggested that this falls under the reliance provision
listed below. I am thinking it does not as there is nothing connecting us to the other bank or the loan they are working on.
(j)Reliance on another financial institution. A covered financial institution may rely on the performance by another financial institution
(including an affiliate) of the requirements of this section with respect to any legal entity customer of the covered financial institution that is
opening, or has opened, an account or has established a similar business relationship with the other financial institution to provide or engage in
services, dealings, or other financial transactions, provided that: (1) Such reliance is reasonable under the circumstances;
(2) The other financial institution is subject to a rule implementing 31 U.S.C. 5318(h) and is regulated by a Federal functional regulator; and
(3) The other financial institution enters into a contract requiring it to certify annually to the covered financial institution that it has
implemented its anti-money laundering program, and that it will perform (or its agent will perform) the specified requirements of the covered financial
institution's procedures to comply with the requirements of this section
05/12/2019
During account opening for a new business customer the branches verify that the required annual filings with the state are up to date. As new accounts are opened for existing business customers a CDD questionnaire is completed for each new account, however the branches are pushing back regarding verifying that annual state filings are up to date. I haven't been able to locate any guidance on whether this is a requirement or a recommended best practice. Can you please advise?
05/14/2017
Do Reg B requirements apply when taking a "new" application to renew an existing loan?
If the existing customer has already been identified through CIP and we have address/contact/employment information on file already, does Reg B require that we read the standard application disclosures again at time of renewal and is it a regulatory requirement to update driver license expiration, as well as get all new income information, etc. ?
I know we need income information for ability to repay and my understanding is that once they go through the CIP process, we don't have to identify them with each subsequent transaction but in general what are the
regulatory requirements on a renewal application?
01/31/2016
A person opens a DDA, is properly CIPd, and his name includes "Jr." as a suffix. Later, the same person, same SSN, borrows money without using the "Jr." suffix. Should the lender require the borrower to re-sign the promissory note using Jr. in the borrower's name?
01/17/2016
How do I verify the legal entity name of a public school? The school wishing to borrow has bylaws that state they are a corporation, however, they are not registered with the state of Michigan.
07/12/2015
When opening an account or a new loan for a general partnership, is it acceptable to use one of the partners SS# for the Partnership? They never got an EIN for the partnership.
04/13/2015
Wondering what specific steps we need to take to lend on an ITIN. We have a large population of Hispanics that have ITIN instead of SSN. What documents should we receive? If documents are expired should we lend to them?
01/27/2014
If a customer names a non-profit or charity a beneficiary on their deposit account, do we have to obtain that non-profits tax ID number like we do for individuals?
04/22/2013
Mortgage loan application, joint applicants are husband and wife. The wife is the Attorney In Fact for husband and both own the real estate. Who should CIP data be collected on? Attorney in Fact?, both?
02/13/2012
For the second time, a loan officer has presented a loan which is to purchase rental property through the customer's IRA. The Trust Company had procedures on how to title the property, etc. and we followed it to a tee. However, even though we followed their rules, I am not 100% sure that we are following lending rules. The borrower and owner of the RE is stated as "___ Trust Company dba ___ Trust Company Custodian FBO __[our customer's name]__ IRA #______". How do you CIP this entity? Whose TIN and address to use? We were instructed to use the TIN of the main Trust Co, but to use the address of the 'dba' Trust Co. The corporate docs were obtained for the main Trust Co, and all they give us is a list of 22 people from the main Trust Co and their signatures with titles of "Corporate Alternate Signer" stating any of them can sign our docs but state they cannot tell us which of those 22 will be the actual person signing and state they are not required to submita copy of that signers ID. I just want to make sure we are following all steps correctly (legally).
