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How Is "In Advance" Counted (Reg DD)

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Question: 
In accordance with Reg DD the subsequent disclosures are to be sent in advance of 20 days. How is this "in advance" counted. If sent before 20 days (18 days before mature date) it is noncompliant but if sent 23 days before maturity it is compliant?
Answer: 

You are asking about the maturity disclosure for a time deposit (certificate of deposit) with a term of over one month that automatically renews. You have two options. The first is to send it at least 30 calendar days in advance of the maturity date for the existing account. If the account has a grace period of at least five calendar days following the maturity date during which the depositor can withdraw the funds without incurring an early withdrawal penalty, the maturity notice can be sent at least 20 calendar days before the end of the grace period.

Assume that a such a time deposit will mature on October 31, 2016. Using the first alternative, 30 calendar days prior to October 31 is October 1, and you would sent the maturity notice on or before that date. If the time deposit has a grace period of 5 days, it would end on November 5, which is a Saturday, and is perhaps a business day for you on which you would honor a withdrawal request without imposing an early withdrawal penalty. Twenty calendar days before November 5 is October 16 (a Sunday), so you would have to send the maturity notice using the second option on or before October 16. If you sent it before October 16, it will be compliant. If you wait to send it on October 17 (Monday), it will not meet the advance notice requirement.

First published on 09/02/2018

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