ABA Banking Journal
No Result
View All Result
  • Topics
    • Ag Banking
    • Commercial Lending
    • Community Banking
    • Compliance and Risk
    • Cybersecurity
    • Economy
    • Human Resources
    • Insurance
    • Legal
    • Mortgage
    • Mutual Funds
    • Payments
    • Policy
    • Retail and Marketing
    • Tax and Accounting
    • Technology
    • Wealth Management
  • Newsbytes
  • Podcasts
  • Magazine
    • Subscribe
    • Advertise
    • Magazine Archive
    • Newsletter Archive
    • Podcast Archive
    • Sponsored Content Archive
SUBSCRIBE
ABA Banking Journal
  • Topics
    • Ag Banking
    • Commercial Lending
    • Community Banking
    • Compliance and Risk
    • Cybersecurity
    • Economy
    • Human Resources
    • Insurance
    • Legal
    • Mortgage
    • Mutual Funds
    • Payments
    • Policy
    • Retail and Marketing
    • Tax and Accounting
    • Technology
    • Wealth Management
  • Newsbytes
  • Podcasts
  • Magazine
    • Subscribe
    • Advertise
    • Magazine Archive
    • Newsletter Archive
    • Podcast Archive
    • Sponsored Content Archive
No Result
View All Result
No Result
View All Result
ADVERTISEMENT
Home Compliance and Risk

Bank identification requirements for payable-on-death beneficiaries: Which rule applies?

Also: The Unlawful Internet Gambling Act and understanding guidance on account re-opening.

April 4, 2024
Reading Time: 3 mins read
ABA Regulatory Policy and Compliance Inbox: Must banks disclose all co-branding relationships?

By Leslie Callaway, CRCM, CAFP and Rhonda Castaneda, CRCM

Q:My bank has a question regarding what information a bank is required to collect on payable-on-death, or POD, beneficiaries for deposit accounts. My bank generally collects only the name of the beneficiary, consistent with the FDIC’s instructions at 12 CFR §330.10 that the names of the beneficiaries must be reflected in the bank’s account records.

We have recently heard that this is not sufficient and that the bank must now collect information such as the Social Security number and address of each beneficiary. Must the bank change its procedures?

A:Yes, if the bank has at least $2 billion in deposits and at least either (i) 250,000 deposit accounts or (ii) $20 billion in total assets.

In the event of a bank failure, there may be account holders who have died and have named a POD beneficiary. In these cases, the FDIC needs information beyond a name to identify any POD beneficiaries to pay them or determine whether their eligible accounts exceed applicable FDIC insurance caps.

For these reasons, under 12 CFR §360.9, the “Large-Bank Deposit Insurance Determination Modernization” rule, larger banks must maintain and be able to provide to the FDIC accurate and complete data on each depositor’s ownership interest by right and capacity for all of the bank’s deposit accounts. This includes POD beneficiaries.

The enhanced recordkeeping applies to larger banks, as the FDIC explained, in order to:

“Allow the deposit and other operations of a large insured depository institution … to continue functioning on the day following failure. It also is intended to permit the FDIC to fulfill its legal mandates regarding the resolution of failed insured institutions to provide liquidity to depositors promptly, enhance market discipline, ensure equitable treatment of depositors at different institutions and reduce the FDIC’s costs by preserving the franchise value of a failed institution.”

(Answer provided January 2024.)

Q: To comply with Regulation GG, which implements the Unlawful Internet Gambling Act and is intended to restrict internet gambling, my bank requires a certification from commercial customers opening accounts that restricted internet gambling transactions will not be processed through their account. Must the bank obtain this certification from governmental entities opening deposit accounts?

A: Probably not.

Regulation GG requires banks to have written policies and procedures to demonstrate the steps they are taking to prevent commercial entities acting as illegal online gambling enterprises from opening an account to conduct illegal gambling transactions.

However, certain entities are identified in the regulation as posing minimal risk, including agencies, departments, or divisions of federal or state government and entities directly supervised by a federal regulator.

If the bank’s normal account-opening due diligence indicates that the customer poses a minimal risk of engaging in an Internet gambling business, no further due diligence is needed. Most governmental entities likely fall into this bucket. (Answer provided January 2024.)

Q: We have a loan secured by two commercial buildings connected only by a roof. The insurance agent stated that this is one building (based on the connecting roof) requiring a maximum of $500,000, the maximum available under the flood regulations for commercial buildings. Is this correct?

A: Yes. The bank may treat these two connected structures as one building. From the National Flood Insurance Program Flood Insurance Manual, page 39:

Where there are multiple buildings on the same property connected by means of rigid exterior walls, solid load-bearing interior walls, stairways, an elevated walkway, or roof, the insurer may write a policy covering them as a single building or multiple policies covering them as separate buildings. (Answer provided January 2024.)

Q: When my bank closes an account because it has been overdrawn for 30 consecutive days, it will consider reopening the account if a deposit is made within 30 days of the closure. The bank has historically not treated reopened accounts as new accounts subject to account opening disclosures requirements under Regulations DD (Truth in Savings Act), CC (Expedited Funds Availability Act), P (Privacy), and E (Electronic Fund Transfer Act).

However, after the CFPB’s guidance on account reopening, is this required?

A: Documenting the customer’s intent to reopen a closed account makes sense to establish that the bank did not reopen the account unilaterally. However, re-disclosing account terms does not prove that the reopening was not unilateral. It only proves that the bank provided disclosures. (Answer provided January 2024.)

ADVERTISEMENT

Answers are provided by ABA Regulatory Policy and Compliance team members Leslie T. Callaway, CRCM, CAFP, senior director, compliance outreach and development; and Rhonda Castaneda, CRCM, senior compliance analyst. Answers do not provide, nor are they substitutes for, professional legal services.

Tags: AccountsCommercial real estateFlood insuranceInsurance
ShareTweetPin

Related Posts

CFPB warns against certain terms in financial service contracts

CFPB withdraws proposed ban on certain contract language for financial products

Compliance and Risk
May 15, 2025

The CFPB has withdrawn a proposed rule to prohibit contractual provisions in agreements for consumer financial products or services that waive “substantive” consumer legal rights and protections.

CFPB urges states to ban ‘junk fees,’ revamp consumer protection laws

Agencies update host-state loan-to-deposit ratios

Compliance and Risk
May 12, 2025

The federal banking agencies issued updated host-state loan-to-deposit ratios that they will use to determine compliance with Section 109 of the Riegle-Neal Interstate Banking and Branching Efficiency Act.

U.S. Supreme Court rules CFPB’s funding structure is constitutional

With Trump signing repeal of CFPB overdraft rule, ABA to drop lawsuit

Compliance and Risk
May 9, 2025

President Trump has signed into law an ABA-championed resolution overturning the CFPB’s limits on overdraft fees.

CFPB claims ‘complex’ pricing drives up cost of financial products

CFPB rescinds dozens of guidance documents

Compliance and Risk
May 9, 2025

The CFPB announced it is rescinding dozens of guidance documents on topics such as fair lending, overdraft fees, disclosure policies and consumer information requests to large banks and credit unions.

Former NCUA chair named acting OCC head

OCC rolls back controversial bank merger review rule

Community Banking
May 8, 2025

OCC issued an interim final rule restoring its streamlined process for reviewing bank merger applications and rescinding other changes criticized by banks and lawmakers.

FDIC: Interactive teller machines not considered bank branches

Report: Debit card skimming declined in 2024

Compliance and Risk
May 8, 2025

While the majority of debit card compromises still occur at nonbank ATMs, bank ATMs currently represent 27% of compromise locations, according to FICO.

NEWSBYTES

CFPB withdraws proposed ban on certain contract language for financial products

May 15, 2025

Mortgage rates rise

May 15, 2025

Survey: Most Americans want high schools to offer financial education

May 15, 2025

SPONSORED CONTENT

Choosing the Right Account Opening Platform: 10 Key Considerations for Long-Term Success

Choosing the Right Account Opening Platform: 10 Key Considerations for Long-Term Success

April 25, 2025
Outsourcing: Getting to Go/No-Go

Outsourcing: Getting to Go/No-Go

April 5, 2025
Six Payments Trends Driving the Future of Transactions

Six Payments Trends Driving the Future of Transactions

March 15, 2025
AI for Banks: A Starter Guide for Community and Regional Institutions

AI for Banks: A Starter Guide for Community and Regional Institutions

March 1, 2025

PODCASTS

Podcast: Accelerating banking for quick-service restaurants

May 8, 2025

How a Georgia community bank supports government-guaranteed lending nationwide

May 1, 2025

Podcast: Quantum computing’s shakeup in payments, cybersecurity

April 24, 2025
ADVERTISEMENT

American Bankers Association
1333 New Hampshire Ave NW
Washington, DC 20036
1-800-BANKERS (800-226-5377)
www.aba.com
About ABA
Privacy Policy
Contact ABA

ABA Banking Journal
About ABA Banking Journal
Media Kit
Advertising
Subscribe

© 2025 American Bankers Association. All rights reserved.

No Result
View All Result
  • Topics
    • Ag Banking
    • Commercial Lending
    • Community Banking
    • Compliance and Risk
    • Cybersecurity
    • Economy
    • Human Resources
    • Insurance
    • Legal
    • Mortgage
    • Mutual Funds
    • Payments
    • Policy
    • Retail and Marketing
    • Tax and Accounting
    • Technology
    • Wealth Management
  • Newsbytes
  • Podcasts
  • Magazine
    • Subscribe
    • Advertise
    • Magazine Archive
    • Newsletter Archive
    • Podcast Archive
    • Sponsored Content Archive

© 2025 American Bankers Association. All rights reserved.