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Certificate of Deposit and "Negotiable Instrument"

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Question: 
A CTR filing is required for a customer for a certificate of deposit made using a $15,000 cash brought in. Would it fall under "negotiable instrument"? The customer also wanted a copy of her statements. She gave $2 cash for the fee, would this fall under "payment"? Need clarification since our auditor did not consider certificate of deposit purchased a negotiable instrument.
Answer: 

Banks haven't issued negotiable certificates for years. They issue receipts for a deposit into the account. I'll bet your "certificates" say "non-negotiable" somewhere on them. Consequently, we can redeem the funds in the account without having the piece of paper or completing a lost certificate affidavit.

The BSA defines negotiable instruments to be "Personal checks, business checks, official bank checks, cashier’s checks, third-party checks, promissory notes (as that term is defined in the Uniform Commercial Code), and money orders that are either in bearer form, endorsed without restriction, made out to a fictitious payee (for the purposes of Sec. 1010.340), or otherwise in such form that title thereto passes upon delivery. Chapter X 1010.100(dd)(1)(iii)

The $15,000 in cash for a certificate of deposit would be reported as a "deposit" on the CTR.
"Payments" are generally used for loan payments, safe deposit rental payments, etc. I would personally list the $2.00 using "Other" and specifying "Service Fee."

First published on 07/18/2021

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