Reg O Compliance and Executive Officers (2024)

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Question:

We regularly monitor personal accounts of our directors and EOs. Is a related interest account defined as any account on which an EO or director has signatory rights? If a director is the primary owner of a business account, is it necessary for us to monitor the account for Reg O overdrafts? If a director is an authorized signer of a business account, is it necessary for us to monitor the account for Reg O overdrafts? If a director is a minority of an account, is it necessary for us to monitor the account for Reg O overdrafts? The Reg states a member bank is to charge the same fee any other customer of the bank would pay in similar circ*mstances. At our institution, if a customer has an overdraft and makes a deposit/transfer the same day, we generally waive the fee as a courtesy due to the balances they carry with us. Is this a violation of Reg O to treat EO and directors the same as we would the above client?

Answer:

This is covered in section 215.4(e), and footnote three to this section contains some additional clarifying language that answers most of your questions. A related interest account is an account owned by a related interest of an insider. A related interest is an entity owner or controlled by the insider.

My understanding is that the overdraft provisions apply to accounts that are owned by a director or an executive officer. They do not apply to an account owned by a business entity that is owned by the director or executive officer. They do not apply to an account that is not owned by the director or executive officer, but on which they have signatory authority.

  • You ask, "If a director is the primary owner of a business account, is it necessary for us to monitor the account for Reg O overdrafts?" If the account is a business purpose account, but it is owned (individually or jointly with someone else) in an individual capacity by the director, then yes, this account would be subject to Reg O overdraft restrictions, but if the account is owned in a business name and that business is in turn owned by the director, then it is a related interest account and would not be subject to Reg O overdraft restrictions, even if the director is the only owner of the business and the only signer on the account.
  • You ask, "If a director is an authorized signer of a business account, is it necessary for us to monitor the account for Reg O overdrafts?" Again, if the director is not an owner of the account, then it is not subject to Reg O overdraft restrictions.
  • You ask, "If a director is a minority of an account, is it necessary for us to monitor the account for Reg O overdrafts?" Not sure what you mean by "minority of an account", but if the director owns even part of the account in an individual capacity, it would be subject to Reg O overdraft restrictions.
  • Finally, to the fees. If you waive the fee for every single customer that makes a deposit/transfer same day, then I would say you could do the same for your director or EO, but if you charge even one customer the fee even when they make the deposit same day, I'd recommend that you not waive the fee for your insiders.

First published on BankersOnline.com 1/03/11

First published on 01/03/2011

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Reg O Compliance and Executive Officers (2024)

FAQs

Reg O Compliance and Executive Officers? ›

Regulation O governs any extension of credit by a member bank to an executive officer, director, or principal shareholder of that bank, of a bank holding company of which the member bank is a subsidiary, and of any other subsidiary of that bank holding company.

What are the Reg O limits for executive officers? ›

Executive Officers

Loans for any other purpose are permissible as long as aggregate loans to that executive officer do not exceed the higher of 2.5 percent of the bank's unimpaired capital and surplus or $25,000, but in no event more than $100,000.

Who are considered insiders under regulation O? ›

The term insider has a special definition for the purposes of Regulation O. A Regulation O insider is a principal shareholder,5 an executive officer,6 a director, or a related interest of any of these persons.

Are extensions of credit to executive officers required to be reported to the bank's board of directors? ›

2360 , provided that: "An executive officer or director of an insured depository institution, a bank holding company, or a savings and loan holding company, the shares of which are not publicly traded, shall report annually to the board of directors of the institution or holding company the outstanding amount of any ...

When can overdrafts by executive officers or directors be paid by their financial institutions? ›

Moreover, payment of overdrafts of directors or executive officers is generally prohibited unless part of a written, preauthorized interest bearing, extension of credit plan or by transfer of funds from another account at the bank.

What is considered an executive officer? ›

The term executive officer, when used with reference to a registrant, means its president, any vice president of the registrant in charge of a principal business unit, division or function (such as sales, administration or finance), any other officer who performs a policy making function or any other person who ...

Are extensions of credit to executive officers limited to a maximum of $100,000? ›

Section 337.3 of the FDIC's rules and regulations places a limit of $100,000 on loans that a state nonmember bank can make to its executive officers for purposes other than an education or a hone, such as commercial loans, farm loans and other types of consumer loans.

What is regulation O for dummies? ›

Regulation O regulates the credit extensions that member banks can offer to their "insiders." Regulation O requires that banks report any extensions provided to insiders in their quarterly reports. Regulation O defines bank insiders as directors or trustees of a bank, executive officers, or principal shareholders.

Are regular employees considered insiders? ›

While all employees of a firm are generally considered insiders, courts have been known to classify some investors, if they own a large enough percentage of the company, as “insiders” even if they do not have regular access to corporate information.

Are board members considered insiders? ›

Politicians with access to government decisions regarding finance and the economy can be considered insiders. Insiders within the company can include a CEO, board member, or employee of a publicly traded company.

What is the penalty for violating reg. O? ›

Persons who violate Regulation O could face fines of up to $10,000 per day for each day the violation persists. So, the correct answer is option b. $10,000.

What is not considered an extension of credit? ›

Definition of “Loan or Extension of Credit”

Under part 32, renewals generally are not considered to be an extension of credit if the bank exercises reasonable efforts, consistent with safe and sound banking practices, to bring the loan into conformance with the lending limit.

Who is ultimately responsible for ensuring that a bank is in compliance with the requirements of the BSA choose the best answer? ›

The board of directors is ultimately responsible for the bank's BSA/AML compliance and should provide oversight for senior management and the BSA compliance officer in the implementation of the bank's board-approved BSA/AML compliance program.

What is Reg O for executive officers? ›

Regulation O presumes that the chairman of the board, the presi- dent, every vice president, the cashier, the secretary and the treasurer are executive officers, but any of these officers can be taken out of the definition of “executive officer” if the employer of the officer excludes him or her, by resolution of its ...

Are inadvertent overdrafts of $1000 permitted for executive officers if the account is not overdrawn for more than 5 days ›

Part 215.4(e)(2) says the prohibition in paragraph (e)(1) of this section does not apply to a payment of an inadvertent overdraft on an account in an aggregate amount of $1,000 or less, provided, and this is the fine print, provided that number one, the account is not overdrawn for more than five business days and the ...

Do banks report overdrafts to credit agencies? ›

Since you're using money from your account—and not borrowing money like you would with credit—an overdraft doesn't appear on your credit report. So it shouldn't affect your credit scores. However, there could be negative effects on your credit scores if you don't resolve the overdraft.

What are the limits on executive power? ›

A PRESIDENT CANNOT . . .

declare war. decide how federal money will be spent. interpret laws. choose Cabinet members or Supreme Court Justices without Senate approval.

What are the term limits for the executive branch? ›

At the federal level, the president of the United States can serve a maximum of two four-year terms, limited by the Twenty-second Amendment to the United States Constitution. Some state government offices are also term-limited, including executive, legislative, and judicial offices.

What are the limits of executive privilege? ›

The court said that presidents may not speak with candor when discussing important matters if they thought their statements would eventually be made public. Deliberative process: This aspect is also based on the idea that “frank discussion” requires keeping communications private.

What is the Reg O extension of credit limit? ›

What Is Regulation O? Regulation O is a Federal Reserve regulation that places limits and stipulations on the credit extensions a member bank can offer to its executive officers, principal shareholders, and directors.

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