Beginning May 11, 2018, new rules under the Bank Secrecy Act require financial institutions to identify and verify business owners before a new account may be established. Each time a business account is opened or modified, we are required to ask for identifying information for each individual who has beneficial ownership (25% or more) and one individual who has significant managerial control of the business. If you are opening an account on behalf of a business, you will also be required to provide appropriate documentation and to certify that the ownership information is accurate to the best of your knowledge.
New Beneficial Ownership Requirements Effective January 1, 2024
Beginning on January 1, 2024, many companies will have to begin reporting information about their beneficial owners, or those who ultimately own or control the company, and their applicants to the U.S. government under new requirements from the Financial Crime Enforcement Network (FinCEN).
Existing reporting companies that were created or registered to do business in the United States before January 1, 2024 will be given until January 1, 2025 to report beneficial ownership information (BOI). New reporting companies created or registered to do business in the United States on or after January 1, 2024, and before January 1, 2025, must report BOI within 90 calendar days of receiving actual or public notice that the creation or registration of the reporting company is effective, whichever is earlier. Companies that are created or registered on or after January 1, 2025 must file BOI within 30 calendar days receiving actual or public notice that its creation or registration is effective.
Companies that are required to file a beneficial ownership information report must do so electronically through FinCEN’s filling system that will be available beginning on January 1, 2024.
More detailed information on the Beneficial Ownership requirement changes can be found at fincen.gov/boi.
Q. Why was this law created?
The federal government believes it will aid in combating terrorism and other national security threats. The regulation is aimed at making financial institutions safer and protecting the country’s financial system.
The federal government believes it will aid in combating terrorism and other national security threats. The regulation is aimed at making financial institutions safer and protecting the country’s financial system.
Q. What types of accounts are included?
The rule applies to accounts such as checking, savings, certificates of deposit, and loans held at banks, credit unions, investment firms, and other financial services providers.
The rule applies to accounts such as checking, savings, certificates of deposit, and loans held at banks, credit unions, investment firms, and other financial services providers.
Q. Does this law affect existing accounts?
No, it does not apply to accounts opened prior to 2018. However, if you open an additional account, modify signers on an existing account, renew a Certificate of Deposit, or add a service to your account, ownership information must be provided.
No, it does not apply to accounts opened prior to 2018. However, if you open an additional account, modify signers on an existing account, renew a Certificate of Deposit, or add a service to your account, ownership information must be provided.
Q. What businesses are affected?
The rule applies to legal-entity businesses such as a corporation, limited liability company, general partnership, or other entity created by a filing of a public document with a Secretary of State or similar office.
The rule applies to legal-entity businesses such as a corporation, limited liability company, general partnership, or other entity created by a filing of a public document with a Secretary of State or similar office.
Q. What businesses are exempt from the requirements?
These businesses are generally exempt:
These businesses are generally exempt:
- Sole proprietorships
- Trusts and estates
- U.S. and state government entities
- Registered insurance companies
- Publicly-traded companies and subsidiaries
- Charities and non-profit entities (required to identify someone with managerial control)
- Unincorporated associations such as scout troops or youth sport leagues
Q. Who is required to provide information?
Each time an account is opened, we are required to ask you for identifying information as well as:
Each time an account is opened, we are required to ask you for identifying information as well as:
- Each individual who owns 25% or more of the business.
- and - - One individual with significant responsibility for managing the business (e.g. Chief Executive Officer, Chief Financial Officer, Partner, President, Vice President, or Treasurer.)
This information must be collected whether or not the individuals are KS StateBank clients.
Q. What information must be provided?
- Physical address of primary residence (P.O. Box not permitted)
- Date of birth
- Social security number
- Issuer and number of driver’s license or passport
Q. Will the information I provide be used for marketing purposes?
No. This information will not be used for marketing or prospecting purposes. While we understand the information requested is personal and sensitive, we must obtain this information in order to comply with the law.
No. This information will not be used for marketing or prospecting purposes. While we understand the information requested is personal and sensitive, we must obtain this information in order to comply with the law.