Customer Due Diligence & Beneficial Owner Final Rule

We’ve been waiting for it and now it’s finally here! The final rule on Customer Due Diligence requirements and Beneficial Owner information has been submitted by FinCEN and will be published in the Federal Register today (May 11, 2016).

The final rule will “clarify and strengthen customer due diligence requirements for banks” (and brokers or dealers in securities; mutual funds; and futures commission merchants and introducing brokers in commodities). The rules will include explicit customer due diligence requirements and a new requirement to identify and verify the identity of beneficial owners of legal entity customers (subject to certain exemptions). In a nutshell, banks will have to use their Customer Identification Program procedures to verify the identity of beneficial owners. The rule allows banks to rely on information provided by the customer who is opening the account.

The rules will be effective 60 days after publication (July 11, 2016). Yep…effective in July! While the rule is effective in July, covered financial institutions must be in compliance with the new rules by May 11, 2018, two years after publication.

Rest assured, Bankers Compliance Consulting will be reading and interpreting the new rules (227 pages) and condensing it into plain English. You can expect a summary of the final rule in a future edition of our newsletter, “Banking on BCC”.

Published
2016/05/11
Deb Irving

David Dickinson

David’s banking career began as a field examiner for the FDIC in 1990. He later became a Compliance Officer and Loan Officer for a small bank. In 1993, he established Banker’s Compliance Consulting. Along with his amazingly talented Team, he has written numerous compliance articles for prestigious banking publications and has developed compliance seminars that Banker’s Compliance Consulting produces.

He is an expert in compliance regulations. He is also a motivational speaker and innovative educator. His quick wit and sense of humor transforms the usually tiring topic of compliance into an enjoyable educational experience. David is on the faculty of the American Bankers Association National Compliance Schools and has served on the faculty of the Center for Financial Training for many years. He also is a frequent speaker at the ABA’s Regulatory Compliance Conference. He is also a trainer for hundreds of webinars, is a Certified Regulatory Compliance Manager (CRCM) and has been a BankersOnline Guru for many years. The American Bankers Association honored David with their Distinguished Service Award in 2016.

David and his wife Karen have three adult children, four grandchildren (none of whom live at home!) and two cats (of which Dave is allergic … the cats, not the children!). They recently moved to an acreage outside of Lincoln, Nebraska where he gets to play with his tractor. When possible David can be found fishing, making sawdust in his shop, or playing the guitar and piano. He also enjoys leading worship at his church.

Recent Posts

BSA: Knowing Your Customer

TRID Applications & Strategic Collection

Section 1071: Policies vs. Procedures & the Board