another formal banking relationship and a new account is established.
However, the rule provides that the term "customer" does
not include a person that has an existing account with the bank,
provided that the bank has a reasonable belief that it knows the
true identity of the person. 31 C.F.R. ' 103.121(a)(3)(ii)(C). In
each of these cases, the customer has an existing account. Therefore,
as long as the bank has a reasonable belief that it knows the person's
true identity, the bank need not perform its CIP when a loan is
renewed or certificate of deposit is rolled over. However, if a
new customer is added to the loan or deposit account, the bank would
need to satisfy the CIP rule with respect to that new account relationship.
2. Does the exclusion from the definition of "customer"
in 31 C.F.R. ' 103.121(a)(3)(ii)(C) for a person with an existing
account extend to a person who has had an account with the bank
in the last twelve months but who no longer has an account?
No, this provision only excludes from the definition of "customer"
a person that at the time a new account is opened currently "has
an existing account with the bank," and only if the bank has
a reasonable belief that it knows the true identity of the person.
Therefore, for example, when a person has a deposit account and
subsequently obtains a loan, the person has an existing account
with the bank. Conversely, a person would not be deemed to have
an existing account at the bank if the person had a loan, paid it
off, and twelve months later obtains a new loan.
3. How can a bank demonstrate that it has "a reasonable
belief that it knows the true identity of a person with an existing
account" with respect to persons that had accounts with the
bank as of October 1, 2003?
Among the ways a bank can demonstrate that it has "a reasonable
belief" is by showing that prior to the issuance of the final
CIP rule, it had comparable procedures in place to verify the identity
of persons that had accounts with the bank as of October 1, 2003,
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though the bank may not
have gathered the very same information about such persons as required
by the final CIP rule. Alternative means include showing that the
bank has had an active and longstanding relationship with a particular
person, evidenced by such things as a history of account statements
sent to the person, information sent to the IRS about the person's
accounts without issue, loans made and repaid, or other services performed
for the person over a period of time. This alternative, however, may
not suffice for persons that the bank has deemed to be high risk.
4. Can a bank exclude from the definition of "customer"
a person that has an existing account with its affiliate?
No, a person that has an existing account with a bank affiliate does
not qualify as "a person who has an existing account with the
bank" within the meaning of 31 C.F.R. ' 103.121(a)(3)(ii)(C).
However, the bank may be able to rely on its affiliate to perform
elements of its CIP, as provided in 31 C.F.R. ' 103.121(b)(6).
31 C.F.R. '103.121(b)(2)(i)
Information required
1. What address should be obtained for customers who live
in rural areas who do not have a residential or business address or
the residential or business address of next of kin or another contact
individual? For example, is a rural route number acceptable?
Yes, the number on the roadside mailbox on a rural route is acceptable
as an address. A rural route number, unlike a post office box number,
is a description of the approximate area where the customer can be
located. In the absence of such a number, and in the absence of a
residential or business address for next of kin or another contact
individual, a description of the customer's physical location will
suffice. |