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Compliance Tips

Compliance TIP: Complying with both state & federal ARM notice rules

Compliance TIP: Compliance Courier 1/23/14

Some credit unions have expressed confusion over the requirements for sending adjustment notices on adjustable rate mortgages (ARMs). Specifically, they wonder whether they must send multiple notices when a rate adjusts, to comply with both the new Reg. Z rules and existing Wisconsin law. The League’s ii Release No. B002 covers variable rate adjustment notices.

Compliance TIP: Postdated checks still require your attention (3/21/13)

Postdating of checks is still a very real issue. When the drawer of a postdated check has given the "proper" advance notice to their drawee bank, the check is not properly payable until the date on the check.

  • Your member has a legal right to postdate a check drawn on their credit union account. The check is still negotiable, but if the member wants you to refuse payment until the date of the check, they need to give you the proper advance notice, describing the check with reasonable certainty. If they do so, then the check should not be paid.
  • Your front line staff should still watch for postdated checks being presented. If a member wants to deposit a postdated check to their credit union account, you may choose to refuse to accept the check. Technically the check is still negotiable, but you have no way of knowing whether the drawer of the check has notified (or will yet notify) their bank that the check is postdated.

See ii Release No. 0049.

Compliance TIP: Trust Account Documentation (3/14/13)

Trust accounts should be documented, based on current written instructions from the trust’s attorney, with:

  • Membership Application Card (WCUL #81056)
  • Trust – Credit Union Agreement (WCUL #82021)
  • Customer Identification Card (WCUL #81080)
  • Organization Account Ownership Agreement (WCUL #81057) or Share Certificate form (#82012)
    • Title the account in the trust’s name
    • A separate account card is required for each sub-account number
    • Do not designate a POD beneficiary
  • Account agreement brochure such as "Your Account Agreement" (WCUL #82004)
  • Disclosures for Article 4A Funds Transfers and, if a transaction account, Reg. CC Expedited Funds Availability. Depending on credit union policy, include Privacy and Truth in Savings disclosures as well.

Can you personally hand the Notice of Right to Cure and Notice of Sale to the debtor? (2/3/09)


League Resources

Compliance TIP: Complying with both state & federal ARM notice rules

Compliance TIP: Compliance Courier 1/23/14

Some credit unions have expressed confusion over the requirements for sending adjustment notices on adjustable rate mortgages (ARMs). Specifically, they wonder whether they must send multiple notices when a rate adjusts, to comply with both the new Reg. Z rules and existing Wisconsin law. The League’s ii Release No. B002 covers variable rate adjustment notices.


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