Skip to main content
Menu Icon Menu Icon

InfoBytes Blog

Financial Services Law Insights and Observations
Section Content

Upcoming Events


Subscribe to our InfoBytes Blog weekly newsletter for news affecting the financial services industry.

  • FinCEN issues ruling temporarily suspending beneficial ownership requirements for automatic renewal products for 90 days

    Financial Crimes

    On May 16, FinCEN issued a ruling to provide a 90-day limited exceptive relief from the requirements for covered financial institutions to obtain and verify the identity of beneficial owners of legal entity customers with respect to certificate of deposit rollovers and loans that renew automatically. As previously covered in InfoBytes, FinCEN clarified that covered financial institutions seeking to renew a loan or roll over a certificate of deposit must treat these as new accounts and require their legal entities customers to certify or confirm beneficial owners, “even if the legal entity is an existing customer.” FinCEN acknowledged, however, that certain covered financial institutions with automatic processes that do not treat these types of rollovers or renewals as new accounts, have expressed concerns regarding their ability to comply with the rule’s requirements. As a result, FinCEN’s ruling will apply to qualified products and services that were established before the May 11 compliance date and will continue until August 9, during which time FinCEN will re-evaluate the requirement to determine whether more permanent relief is needed.

    Financial Crimes FinCEN Beneficial Ownership

    Share page with AddThis
  • FinCEN issues ruling to clarify beneficial ownership requirements for premium finance cash refunds

    Financial Crimes

    On May 11, FinCEN issued a ruling to provide exceptive relief to covered financial institutions from the requirements to obtain and verify the identity of beneficial owners of legal entity customers at account opening to insurance premium finance lending products that allow for cash refunds. Although FinCEN’s regulations already exempted covered financial institutions from the requirements to identify and verify the identity of the beneficial owner of legal entity customers at account opening to the extent that the legal entity customer opens the account for the purpose of financing insurance premiums, the exemption does not apply if there is a possibility of cash refunds. However, because premium finance lenders typically process a significant number of cash refunds, and premium finance loans present a low risk for money laundering, FinCEN issued the ruling to provide for additional relief for premium finance loans offering cash refunds. A condition of the relief is that the cash “refunds are only remitted directly to the borrower or the borrower’s agent or broker.”

    Financial Crimes FinCEN Beneficial Ownership Bank Secrecy Act Anti-Money Laundering

    Share page with AddThis
  • FFIEC releases customer due diligence and beneficial ownership examination procedures

    Financial Crimes

    On May 11, the Federal Financial Institutions Examination Council released updated examination procedures for FinCEN’s final rule, “Customer Due Diligence Requirements for Financial Institutions” (CDD rule). Compliance with the CDD rule became mandatory on  May 11. The updated customer due diligence exam procedures were developed in close collaboration with FinCEN and replace those in the current Bank Secrecy Act/Anti-Money Laundering Examination Manual. Additionally, a new set of exam procedures address the CDD rule’s beneficial ownership requirements.

    According to an OCC bulletin released the same day, the examination procedures reflect federal and state banking agencies’ “ongoing commitment to examine financial institutions for compliance with the Bank Secrecy Act . . . in accordance with uniform standards and principles.”

    See here for continuing InfoBytes coverage of the CDD rule.

    Financial Crimes FFIEC CDD Rule OCC FinCEN Beneficial Ownership

    Share page with AddThis