FinCEN is issuing final rules under the Bank Secrecy Act to clarify and strengthen customer due diligence requirements for: banks; brokers or dealers in securities; mutual funds; and futures commission merchants and introducing brokers in commodities. The rules contain explicit customer due diligence requirements and includea new requirement to identify and verify the identity of beneficial owners of legal entity customers, subject to certain exclusions and exemptions.
Dealing with nonresident alien accountholders adds another layer of issues to account opening, maintenance, and reporting.
Since the USA PATRIOT Act, Customer Identification Program (CIP) law passed, opening these accounts and covering the required documentation and identification bases makes dealing with these accounts more challenging than ever. This issue is also a Bank Secrecy Act exam "hot spot" with the regulators as nonresident alien accounts are considered to be high risk.
This session will address the following questions about procedures and your bank: What does the law say about identifying nonresident aliens? What type of identification is being used around the country to open accounts? What are the proper procedures for W-8 reporting? What role does Office of Foreign Assets and Control (OFAC) play in your new accounts procedures? If these questions have not been answered to your satisfaction in your bank this session is a must.
The Gist: Financial Institutions that engage in transactions involving money generated by marijuana-related activity are subject to criminal liability for failure to identify or report financial transactions which implicate violations of the U.S. Controlled Substances Act (“CSA”).
However, there is real potential for community banks and credit unions to offer their services to marijuana businesses. This is because bigger national banks continue to close out the last of their existing cannabis-related accounts. Although your Institution would still take on risk by providing services - which, technically, would violate federal law - if you comply with the Cole Memo and FinCEN Guidance, then this could be a lucrative opportunity.
When you register for this webinar, you will receive a complimentary 9-part toolkit, which includes the following materials:
= (1) Revocable vs. Irrevocable Trust Comparison Chart
= (2) Estate Plan Flow Chart
= (3) Trust Structure 101
= (4) U.S. State Trust Laws: Income Taxes & Trust Duration
= (5) Sample Power of Attorney Form
= (6) Sample Adult Guardianship Form
= (7) Sample Child Guardianship Form—When Parents Agree
= (8) Sample Child Guardianship Form—When Parents Will Not Agree
= (9) Social Security 19-Page Guide for Representative Payees
Revocable, Totten Trusts, Guardianships, Minor and Estate Accounts, Oh My! What are the differences in these accounts and what do they actually mean? If contemplating these various accounts makes you queasy, fear not! After attending this 90-minute session, that nauseated feeling will be replaced with steadfast resolve. The next time a binder full of legal trust documents lands on your desk, you'll confidently delve into the responsibilities of collecting the proper documentation; correctly titling the account; selecting the appropriate ownership; and, knowing who is legally allowed to access the account.