- Recent Amendments to Health Savings Account Provisions
- HSA Contribution Amounts
- Reimbursing Medical Expenses
- Accumulating Tax-Advantaged Savings
- Full Deduction in First Year
- Transfer from IRA to HAS
- Index for 2006
Legal Briefs
December 2006 Legal Briefs
Defense Authorization Act – Restrictions on Loans to Service Members and Their Dependents
- Background
- What Transactions are Covered?
- “Interest” Limited to 36%
- All Fees are “Interest”
- New Definition of “APR”
- No Lender Access to Bank Account
- No Renewal of Debt
- No Mandatory Arbitration
- Non-complying Contracts Void
- Criminal Provision
- What Persons are Covered?
November 2005 Legal Briefs
Processing through Dallas Fed Affects Availability Schedule
FDIC Guidance on Establishing a Bank Ethics Program
- Written Bank Policies
- Specific Provisions
- a. Safeguarding Customer Information
- b. Integrity of Bank Records
- c. Strong Internal Controls
- d. Speaking Candidly with Examiners
- e. Accepting Gifts and Favors
- f. Avoiding Self-Dealing
- g. Observing Other Laws
- h. Other Matters
November 2006 Legal Briefs
Pension Reform: Useful Changes to IRA Provisions
- IRA Contribution Limits.
- Tax Refunds & Other Transfers to IRA’s.
- IRA’s of Guards & Reservists.
- IRA Distributions to Charities
- Understanding the Tax Advantages:
- 50% limit on charitable contributions doesn’t apply.
- Deductions and credits don’t phase out.
- Reducing RMD’s in future years.
- Rollover to “Inherited IRA”
- Easier Conversion to Roth IRA’s
October 2006 Legal Briefs
Cleanup Changes in 2006 to Mechanic’s Lien Provisions
- Background
- Obsolete Provisions
- What Services Are Covered
- Certificate of Title Property with Liens
- Change in Time Period
- Rental-Related Changes to Section 91
- Revisions to Section 180
- "Other Property” Mechanic’s Liens
- Section 91A vs. Section 197
- Section 91A Notice Procedures
- Assistance in Researching Titles
- Property Removed without Permission; Release Obtained by Bad Check
- Service Provider’s Right to Repossess
September 2006 Legal Briefs
Payroll Card Accounts & Regulation E Changes
- “Payroll Card Account”
- DHS Cards vs. Payroll Cards
- Is a Payroll Card Useful?
- Advantages to Consumers
- Employer Considerations
- Advantages for Banks
- Payroll Cards Not Mandatory?
- No Periodic Statements
- Consumers Who Don’t Want Statements
- Error Resolution
- Limits on Liability
- Modified Disclosures
August 2006 Legal Briefs
New Law Provides for Credit Report Freezes
- Legislative Background
- Security Freeze Request
- Authorizing a Temporary Release
- Is a “Freeze” a Good Idea?
- Assistance with Temporary Releases
- Assistance with Security Freezes
- Lender Exceptions to Security Freeze
- Other Exceptions to Security Freeze
- Excluded Entities
- Notice of Changes
- Security Freeze Notice Required
- Fines & Penalties
May 2006 Legal Briefs
Consumer Loan Dollar Amounts Adjusting on July 1
- a. Increased Late Fees
- b. “508B” and “508A” Loans
- c. Dealer Paper “No Deficiency” Amount
Money Transmitters Must Register With Banking Department
July 1 Deadline for Continuation Statements for Oil and Gas
Searching UCC-1’s in Only One Filing Office as of July 1, 2006
Duration of Fixture Filings Related to Manufactured Homes
July 2006 Legal Briefs
Deceptive Use of a Bank’s Name in Soliciting Customers
- Insurance Practices
- Disclosure of Non-Authorization
- Comparing the Statutes
Exploitation of Disabled or Elderly Adults
- “Elderly” Defined
- “Disabled” Not Defined
- "Lacks Capacity to Consent”
- “Exploitation” Defined
- Criminal Penalties
- Knowledge of Incapacity
- Reporting to Authorities
June 2006 Legal Briefs
Amendments to Deposit Account P.O.D. Provisions
- Understanding the Customer’s Needs
- First-Choice/Second-Choice POD Authority
- Charity as POD Beneficiary
- Required Notice to Accountholders
New Provision for Safe Deposit Box “Access on Death”
April 2006 Legal Briefs
Increased Deposit Insurance Limits for Retirement Accounts
- “Self-Directed” Requirement
- Multiple Accounts
- Credit Unions
- Funding Opportunities
- Statement Stuffers
- Future Increases in Deposit Insurance
- Feasibility Studies
Other Details of Deposit Insurance Reform Legislation
- Merged Insurance Fund
- Modified Reserve Ratio
- Dividend of Excess Funds
- Credit against Assessments
- Fund Restoration Plans
Cross-Border Scams–Overpaying by Check, Wiring Back Money
Procedures to Avoid Losses on Check Scams
March 2006 Legal Briefs
Higher Debt Allowed for $150-500 Million Holding Companies
- Some Advantages
- Permitted Debt Ratios
- Reason for the Change
- Additional Restrictions
More New Changes to Regulation E
- Disclosure at ATM’s
- Preauthorized Debits
- Good Faith Errors
- Stop Payments
- Extended Time for Raising Errors
- Extent of Error Investigation
Using Multiple CIP Approaches
February 2006 Legal Briefs
Electronic Check Conversion under Regulation E
- Electronic Check Conversion
- Reg E Initial Disclosures
- Some Exceptions
- Check Conversion by Merchants
- Notice at POS Locations
- Notice for Billing Statements
- Coupon Books
- Authorization at POS
- Authorization on Billing Statements
- Comparison to ACH Rules
- Third Party Payment
- Advantages for Payees
- Disadvantages for Consumers?
January 2006 Legal Briefs
Fair Credit Regulation Restricts Use of Medical Information
- Background
- “Medical Information”
- Examples of Not Evaluating Credit
- Unsolicited Medical Information
- Financial Information Exception
- Permitted Gathering of Financial Information
- Proper Financial Use of Medical Information
- Improper Use of Medical Information
- Other Permitted Exceptions
- Proper Use of Exceptions
- Limits on Re-disclosure
- Affiliate Sharing
December 2005 Legal Briefs
Fed’s Warranty of Authorization for “Telephone Checks”
- Background
- Who Uses “Telephone Checks”?
- What Checks are Covered?
- Warranty of Authorization
- FTC Telemarketing Rule
- Interviewing the Customer
- Removing the “Midnight Deadline”
- Fraud and Errors
- Limitation on Returning Checks
- The OBA’s Involvement
Homestead Exemption in Oklahoma Bankruptcies: What’s the Dollar Limit?