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6 Tried-and-True Strategies for Improving Collections

Businesses that operate in the retail or restaurant spheres have it relatively easy when it comes to collections. They generally take payments right at a point-of-sale terminal and customers go on their merry ways. (These enterprises face many other challenges, of course.) For other types of companies, it’s not so easy. Collections can be particularly challenging for business-to-business (B2B) operations, which often find themselves in complex relationships with key customers that aren’t quite as simple as “pay up or hit the road.”

If your company is dealing with slow-paying customers, which is hardly uncommon in today’s inflationary environment where everyone is trying to preserve cash flow, sometimes it helps to review the basics. Here are six tried-and-true strategies for increasing your chances of getting paid one way or another:

1. Request payment upfront. 

For new customers or those with a documented history of collections issues, you could start asking for a deposit on each order. This would generally be a small but noticeable percentage of the contract or order price. You could also explore the concept of asking for a service retainer fee. Although these are typically associated with law firms, other types of businesses may use them to cover all or part of the expected costs of services.

2. Charge fees.

Most customers are likely familiar with the concept of late payment fees from dealing with their credit card companies. Applying this same concept to your collections can pay off. Implement fees or finance charges for past due amounts. Place extremely delinquent accounts on credit hold or adjust their payment terms to cash on delivery.

3. Reward timely payments. 

An effective collections strategy isn’t only about “penalizing” slow-paying customers. It’s also about incentivizing those who pay on time or who represent a potentially lucrative long-term relationship. Crunch the numbers to determine the feasibility of giving discounts to customers with strong payment histories or to those who have improved the timeliness of payments over a given period.

4. Communicate proactively. 

Set up regular e-mail reminders and place live phone calls to customers who haven’t settled their accounts. If the employee who works directly with the customer can’t resolve payment issues, elevate the matter to a manager or even you, the business owner. In B2B relationships, it’s often helpful for the manager or business owner to contact someone higher up in the customer’s organization. If necessary, consider executing a promissory note to prevent the customer from disputing the charges in the future.

5. Get external help.

If, after repeated tries, your collections efforts appear unlikely to bear fruit, you should start looking into getting help from someone outside your company. This typically means engaging either an attorney who specializes in debt collection or a collections agency. View this as a last resort, however, because third-party fees may consume much of the collected amount and you’re unlikely to continue doing business with the customer.

6. Claim a tax break.

One last important point about collections: If an outstanding debt is uncollectible, you may be able to write it off as an ordinary business expense. Be sure to document each customer’s promises to pay, your collection efforts and why you believe the debt is worthless. Contact us about claiming such tax deductions. We can also offer assistance in improving your overall accounts receivable processes. © 2023

 

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Tax News for Investors and Users of Cryptocurrency

If you’re a crypto investor or user, you may have noticed something new on your tax return this year. And you may soon notice a new form reporting requirements for digital assets. 

Check the box 

Beginning with tax year 2022, taxpayers must check a box on their tax returns indicating whether they received digital assets as a reward, award, or payment for property or services or whether they disposed of any digital assets that were held as capital assets through sales, exchanges or transfers. If the “yes” box is checked, taxpayers must report all income related to the digital asset transactions. 

New information form 

Under the broker information reporting rules, brokers must report transactions in securities to both the IRS and investors. Transactions are reported on Form 1099-B. Legislation enacted in 2021 extended these reporting rules to cryptocurrency exchanges, custodians, and platforms and to digital assets such as cryptocurrency. The new rules were scheduled to be effective for returns required to be filed, and statements required to be furnished, for post-2022 transactions. But the IRS has postponed the effective date until it issues new final regulations that provide instructions. In addition to extending this reporting requirement to cryptocurrency, the legislation also extended existing cash reporting rules (for cash payments of $10,000 or more) to cryptocurrency. That means businesses that accept crypto payments of $10,000 or more must report them to the IRS on Form 8300. These rules apply to transactions that take place in 2023 and later years. 

Existing rules and new reporting for digital assets 

Currently, if you have a stock account, whenever you sell securities, you receive a Form 1099-B. On the form, your broker reports details of transactions, such as sale proceeds, relevant dates, your tax basis for the sale and the gain or loss. The 2021 legislation expanded the definition of “brokers” who must furnish Forms 1099-B to include businesses that regularly provide services accomplishing transfers of digital assets on behalf of another person. Thus, once the IRS issues final regulations, any platform where you buy and sell cryptocurrency will have to report digital asset transactions to you and the IRS. These exchanges/platforms will have to gather information from customers, so they can issue Forms 1099-B. Specifically, they will have to get customers’ names, addresses and phone numbers, the gross proceeds from sales, capital gains or losses, and whether they were short-term or long-term. Note: It’s not yet known whether exchanges/platforms will have to file Form 1099-B (modified to include digital assets) or a new IRS form. 

Cash transaction reporting 

Under a set of rules separate from the broker reporting rules, when a business receives $10,000 or more in cash, it must report the transaction to the IRS, including the identity of the person from whom the cash was received. This is done on Form 8300. For this reporting requirement, businesses will have to treat digital assets like cash. Form 8300 requires reporting information including address, occupation and taxpayer identification number. The current rules that apply to cash usually apply to in-person payments in actual cash. It may be difficult for businesses seeking to comply with the reporting rules to collect the information needed for crypto transactions. 

What you should know 

If you use a cryptocurrency exchange or platform, and it hasn’t already collected a Form W-9 from you, expect it to do so. In addition to collecting information from customers, these businesses will need to begin tracking the holding periods and the buy-and-sell prices of digital assets in customers’ accounts. 

If you have any questions, contact us

© 2023

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BDO Capital Q1 2023 Manufacturing M&A Market Update

The manufacturing sector demonstrated continued momentum in 2022 despite facing various macro-economic headwinds. Inflationary pressures, supply chain bottlenecks, and labor shortages, combined with a high interest rate environment, sparked concerns around the Fed’s ability to achieve a soft landing. While M&A activity is down from 2021, transaction volume in 2022 was in line with pre-pandemic levels. Well-capitalized investors continued to seek quality assets to add to their portfolios, resulting in healthy multiples and steady deal flow.

Click the download button below to read more from the BDO Capital Q1 2023 Manufacturing M&A Market Update.

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Spring Cleaning in QuickBooks

Have your company’s accounting records become cluttered with duplicate items and unused accounts? When you need to revise your QuickBooks® lists — such as the chart of accounts, customers, and vendors — the software provides methods for deleting, inactivating, and merging list entries. Here’s what you can do to help spruce things up. 

Deleting 

QuickBooks users are often concerned about botching up their accounting by deleting an unwanted list entry. No need to worry! If you attempt to delete a list entry and it’s in use somewhere within the company file, QuickBooks won’t allow it to be deleted. Instead, a warning message will be displayed. Before an item is deleted, QuickBooks will ask you to confirm the deletion. And, if you delete a list entry in error, you can undo it — but this only works immediately following the accidental deletion. 

Inactivating 

If QuickBooks won’t let you delete a list entry or you’re unsure whether you’ll need to access the item again in the future, you can make it inactive. When you inactivate a list entry, QuickBooks keeps the information associated with that entry. But the record is hidden in the list and won’t appear on any related drop-down lists. Once a list entry is inactivated, it can be re-activated at any time. For example, if a job has been completed, making it inactive will shorten the customer list and prevent accidental usage on an invoice or payment window. You can later re-activate the list item if you need to view or re-activate the job. 

Important: A customer that has one or more jobs can’t be deleted, but it can be made inactive. To delete a customer, all jobs for that customer must be deleted first. Likewise, a job that has one or more transactions can’t be deleted, but it can be made inactive. To delete a job, all transactions for that job must be deleted first. There are also some precautions to inactivating list entries that still have open balances. For instance, if you’d like to inactivate an inventory item, be sure to adjust the quantity on hand to zero. If a customer or vendor has a balance, be sure to adjust the balance to zero and apply the adjustment to any open balances before inactivating the name. Additionally, inactivating a list entry doesn’t prevent it from being included in a memorized transaction that was previously created. Be sure to update those recurring entries as well.

Merging 

The merge feature allows two entries within the same list to be combined. While this is an incredibly powerful tool, merging two list entries is an irreversible operation. To safeguard against any mistakes made during merging, it is a good idea to make a backup of the file first in case there’s a need to restore the file to its original state. 

We can help 

Accounting records are like tools in your garage. Some are used every day. Others are collecting cobwebs but may be needed for a rainy-day project. And a few are completely obsolete and need to be thrown out. Spring cleaning can give you a fresh start. Contact us for help cleaning up your QuickBooks lists. Our experts can guide you through the steps needed to delete, inactivate and merge list items. © 2023

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5 Valuation Terms That Every Business Owner Should Know

As a business owner, you’ll likely need to have your company appraised at some point. An appraisal is essential in the event of a business sale, merger, or acquisition. It’s also important when creating or updating a buy-sell agreement or doing estate planning. You can even use a business valuation to help kickstart or support strategic planning. A good way to prepare for the appraisal process, or just maintain a clear big-picture view of your company, is to learn some basic valuation terminology. Here are five terms you should know:

1. Fair market value.

This is a term you may associate with selling a car, but it applies to businesses — and their respective assets — as well. In a valuation context, “fair market value” has a long definition: The price, expressed in terms of cash equivalents, at which property would change hands between a hypothetical willing and able buyer and a hypothetical willing and able seller, acting at arm’s length in an open and unrestricted market, when neither is under compulsion to buy or sell and when both have reasonable knowledge of the relevant facts.

2. Fair value.

Often confused with fair market value, fair value is a separate term — defined by state law and/or legal precedent — that may be used when valuing business interests in shareholder disputes or marital dissolution cases. Typically, a valuator uses fair market value as the starting point for fair value, but certain adjustments are made in the interest of fairness to the parties. For example, dissenting shareholder litigation often involves minority shareholders who are “squeezed out” by a merger or other transaction. Unlike the “hypothetical, willing” participants contemplated under the definition of fair market value, dissenting shareholders are neither hypothetical nor willing. The fair value standard helps prevent controlling shareholders from taking advantage of minority shareholders by forcing them to accept a discounted price.

3. Going concern value.

This valuation term often comes into play with buy-sell agreements and in divorce cases. Going concern value is the estimated worth of a company that’s expected to continue operating in the future. The intangible elements of going concern often include factors such as having a trained workforce; an operational plant; and the necessary licenses, systems and procedures in place to continue operating.

4. Valuation premium.

Sometimes, because of certain factors, an appraiser must increase the estimate of a company’s value to arrive at the appropriate basis or standard of value. The additional amount is commonly referred to as a “premium.” For example, a control premium might apply to a business interest that possesses the requisite power to direct the management and policies of the subject company.

5. Valuation discount.

In some cases, it’s appropriate for an appraiser to reduce the value estimate of a business based on specified circumstances. The reduction amount is commonly referred to as a “discount.” For instance, a discount for lack of marketability is an amount or percentage deducted from the value of an ownership interest to reflect that interest’s inability to be converted to cash quickly and at minimal cost. © 2023

If you need assistance with business valuation or have questions about the appraisal process, contact us for expert guidance and support.

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2023 Q2 Tax Calendar: Key Deadlines for Businesses and Employers

Here are some of the key tax-related deadlines that apply to businesses and other employers during the second quarter of 2023. Keep in mind that this list isn’t all-inclusive, so there may be additional deadlines that apply to you. Contact us to ensure you’re meeting all applicable deadlines and to learn more about the filing requirements. 

April 18

If you’re a calendar-year corporation, file a 2022 income tax return (Form 1120) or file for an automatic six-month extension (Form 7004) and pay any tax due. For corporations pay the first installment of 2023 estimated income taxes. For individuals, file a 2022 income tax return (Form 1040 or Form 1040-SR) or file for an automatic six-month extension (Form 4868) and pay any tax due. For individuals, pay the first installment of 2023 estimated taxes, if you don’t pay income tax through withholding (Form 1040-ES). 

May 1

Employers report income tax withholding and FICA taxes for the first quarter of 2023 (Form 941) and pay any tax due. 

May 10

Employers report income tax withholding and FICA taxes for the first quarter of 2023 (Form 941), if they deposited on time and fully paid all of the associated taxes due.

June 15 

Corporations pay the second installment of 2023 estimated income taxes. © 2023

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Have You Planned For Long-Term Health Care Expenses?

No matter how diligently you prepare, your estate plan can quickly be derailed if you or a loved one requires long-term home health care or an extended stay at an assisted living facility or nursing home. Long-term care (LTC) expenses aren’t covered by traditional health insurance policies or Medicare. So it’s important to have a plan to finance these costs, either by setting aside some of your savings or purchasing insurance. Let’s take a closer look at three options. 

1) LTC insurance 

An LTC insurance policy supplements your traditional health insurance by covering services that assist you or a loved one with one or more activities of daily living (ADLs). Generally, ADLs include eating, bathing, dressing, toileting, transferring (getting in and out of a bed or chair), and maintaining continence. LTC coverage is relatively expensive, but it may be possible to reduce the cost by purchasing a tax-qualified policy. Generally, benefits paid in accordance with an LTC policy are tax-free.

To qualify, a policy must:

Be guaranteed renewable and noncancelable regardless of health, Not delay coverage of pre-existing conditions more than six months, Not condition eligibility on prior hospitalization, Not exclude coverage based on a diagnosis of Alzheimer’s disease, dementia, or similar conditions or illnesses, and Require a physician’s certification that you’re either unable to perform at least two of six ADLs or you have a severe cognitive impairment and that this condition has lasted or is expected to last at least 90 days.

It’s important to weigh the pros and cons of tax-qualified policies. The primary advantage is the premium tax deduction. But keep in mind that medical expenses are deductible only if you itemize and only to the extent they exceed 7.5% of your adjusted gross income (AGI), so some people may not have enough medical expenses to benefit from this advantage.

It’s also important to weigh any potential tax benefits against the advantages of nonqualified policies, which may have less stringent eligibility requirements. 

2) Hybrid insurance 

Also known as “asset-based” policies, hybrid policies combine LTC benefits with whole life insurance or annuity benefits. These policies have advantages over standalone LTC policies. For example, their health-based underwriting requirements typically are less stringent and their premiums are usually guaranteed — that is, they won’t increase over time. Most important, LTC benefits, which are tax-free, are funded from the death benefit or annuity value. So, if you never need to use the LTC benefits, those amounts are preserved for your beneficiaries. 

3) Employer-provided plans

Employer-provided group LTC insurance plans offer significant advantages over individual policies, including discounted premiums and “guaranteed issue” coverage, which covers eligible employees (and, in some cases, their spouse and dependents) regardless of their health status. Group plans aren’t subject to nondiscrimination rules, so a business can offer employer-paid coverage to a select group of employees.

Employer plans also offer tax advantages. Generally, C corporations that pay LTC premiums for employees can deduct the entire amount as a business expense, even if it exceeds the deduction limit for individuals. And premium payments are excluded from employees’ wages for income and payroll tax purposes. 

Think long term 

Given the potential magnitude of LTC expenses, the earlier you begin planning, the better. We can help you review your options and analyze the relative benefits and risks. Contact an ATA expert to get started. 

 © 2023

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Financial Institutions and Banking

Bank Wire

Crypto-assets: Handle with care

In January 2023, the federal banking agencies published “Joint Statement on Crypto-Asset Risks to Banking Organizations.” The statement cautions banks to be aware of — and, if applicable, mitigate — the risks associated with crypto-assets. According to the statement, these risks include:

  • Fraud and scams,
  • Legal uncertainties regarding custody practices, redemptions and ownership rights,
  • Inaccurate or misleading representations or disclosures, including misrepresentations regarding FDIC coverage,
  • Significant volatility, including potential impacts on deposit flows,
  • Stablecoins’ susceptibility to run risk,
  • Contagion risk resulting from interconnections among crypto-asset participants,
  • Lack of mature, robust risk management and governance practices in the crypto-asset sector, and
  • Heightened risks associated with open, public or decentralized networks (for example, lack of governance mechanisms, absence of contracts, or standards to clearly establish roles, responsibilities and liabilities).

The statement instructs banks to “ensure that crypto-asset-related activities can be performed in a safe and sound manner, are legally permissible, and comply with applicable laws and regulations,” including consumer protection laws. Notably, the statement opines that “issuing or holding as principal crypto-assets that are issued, stored, or transferred on an open, public, and/or decentralized network, or similar system is highly likely to be inconsistent with safe and sound banking practices.”

Be prepared to report computer security incidents

As concerns over cybersecurity intensify, banks should be prepared to report computer security incidents to federal regulators quickly. Under a rule that took effect last spring, banks must report computer security incidents that rise to the level of a “notification incident” within 36 hours. The rule defines “computer security incident” as an “occurrence that results in actual harm to the confidentiality, integrity, or availability of an information system or the information that the system processes, stores, or transmits.” These incidents aren’t limited to cyberattacks — they also can result from hardware or software failures, human error or other nonmalicious causes.

A computer security incident is deemed to be a notification incident if it’s reasonably likely to materially disrupt or degrade a bank’s 1) ability to carry out banking operations, activities or processes, or deliver products and services to customers, 2) business lines whose failure would result in a material loss of revenue, profit or franchise value, or 3) operations whose failure would pose a threat to U.S. financial stability. All banks should have procedures in place for identifying notification incidents and reporting them to their primary regulators on a timely basis.

© 2023

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Financial Institutions and Banking

Strengthen Your Defenses: Preparing for ransomware attacks

In October 2021, a California community bank was victimized by a ransomware attack. The hackers obtained sensitive information from the bank’s systems, including loan application forms, tax returns, W-2 information, payroll records, names, addresses and Social Security numbers. They threatened to release this information if the bank failed to negotiate.

The bank incurred significant financial costs and reputational damage associated with the attack. It also offered free credit monitoring and identity theft protection services to affected customers. This is just one of many examples of community banks that have been targeted by ransomware attacks in recent years.

Double trouble

There was a time when smaller banks reasonably believed that cybercriminals would leave them alone, because larger institutions offered a bigger payoff. Recently, however, the trend has reversed. Cybercriminals are now targeting small banks, which they believe lack the wherewithal to protect against these attacks and have less robust internal controls than larger institutions.

A new ransomware scheme involves so-called “double extortion” attacks. In a traditional ransomware attack, the cybercriminal sends a phishing email to a bank employee or other user of the bank’s systems. If the recipient clicks on the link in the email, it introduces malware that infects the bank’s system, encrypting its data. The cybercriminal demands a ransom payment in exchange for the decryption key.

In some cases, however, victims were able to quickly restore their systems from unaffected backups and thus refused to pay the ransom. To avoid this result, a double extortion attack involves stealing sensitive data and threatening to release it if the ransom isn’t paid.

Protective measures

To minimize the risks associated with ransomware attacks, community banks should follow industry practices recommended by the Federal Financial Institutions Examination Council (FFIEC) and other federal banking agencies. These include:

  • Regularly assessing the bank’s exposure to ransomware risks and patching any vulnerabilities,
  • Educating employees about the risks of ransomware and training them on identifying and reporting potential attacks,
  • Inventorying hardware, software, connections and data, with programs in place that identify vulnerabilities,
  • Implementing backup systems designed to protect data from cybercriminals,
  • Segmenting networks to limit a cybercriminal’s access within the system if a breach occurs,
  • Managing third-party risks that expose the bank to ransomware attacks,
  • Implementing email filtering processes that identify malicious messages and prevent them from reaching end users, and
  • Restricting the use of employees’ personal devices on the bank’s network.

Be aware that payment of ransomware may result in sanctions if the cybercriminal is listed by the Office of Foreign Assets Control (OFAC) as a known or suspected terrorist or terrorist organization. Reporting ransomware demands promptly to the federal authorities can help mitigate these sanctions. Banks also may need to file Suspicious Activity Reports (SARs) in connection with ransomware payments.

Another critical tool for defending your bank against cyberattacks is a program of regular system vulnerability assessments and penetration tests. Vulnerability assessments involve scanning all internal and external networks to identify security flaws or weaknesses. Penetration testing — a form of “ethical hacking” — involves the intentional launching of simulated cyberattacks to identify any vulnerabilities that can be exploited to compromise the bank’s systems or data. It can also be used to test the bank’s security policies, employees’ security awareness, and the bank’s ability to flag and respond to security issues as they happen.

Typically, vulnerability assessments should be conducted twice a year and penetration testing should be done annually. But the appropriate frequency of testing depends on your bank’s circumstances and resources.

Have a plan

As cyber risks continue to mount, your bank needs a comprehensive cybersecurity plan that reduces risks and minimizes damages should they occur. It should include an incident response protocol for containing an incident, coordinating with law enforcement and third parties, restoring systems, preserving data and evidence, providing customer assistance, and reporting the incident to the relevant federal banking regulator within 36 hours.

© 2023

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Financial Institutions and Banking

How To Assess and Deal With BSA/AML Risks

Over the past few years, many people have turned to electronic banking (e-banking), whether for individual or business purposes. While e-banking may be convenient, it also may increase the possibility of hidden criminal behavior. In addition, compliance with Bank Secrecy Act/Anti-Money Laundering (BSA/AML) laws and regulations is increasingly scrutinized by banking regulators. This puts banks in the middle of a potentially difficult — even dangerous — situation, unless they develop strategies to both assess and handle any related risks.

Get with the program

To help combat money laundering and terrorist financing, banks must develop and implement comprehensive BSA/AML programs. These programs ensure banks know their customers, monitor transactions, identify suspicious activity, and share information with the government and other financial institutions.

Federal regulators emphasize a risk-based approach to BSA/AML compliance. In other words, a bank is expected to conduct a thorough risk assessment and develop policies, procedures and processes that are adequate for its size, location, customer base, products and services.

Determine the impact

E-banking — including online account opening, ATM transactions, Internet banking transactions, remote deposit capture (RDC), telephone banking and mobile banking apps — can increase a bank’s BSA/AML risks. The lack of face-to-face contact in e-banking transactions introduces a heightened level of risk to institutions by making them vulnerable to unauthorized users accessing customer accounts. As your bank introduces new e-banking products and services, it’s imperative to evaluate their impact on your BSA/AML program.

For example, online account opening without face-to-face contact may heighten your risk because:

  • Verifying the customer’s identity is more difficult,
  • The customer may be outside the bank’s targeted geographic area,
  • The customer may perceive these transactions as less transparent, and
  • A front company or unknown third party may use the account.

To mitigate these risks, banks should ensure that their BSA/AML monitoring, identification and reporting systems are properly equipped to flag unusual and suspicious activities conducted electronically. Useful tools include ATM activity reports, funds-transfer reports, new-account-activity reports and change-of-Internet-address reports. Reports that identify related or linked accounts are particularly effective in an e-banking context. These reports reveal accounts with common addresses, phone numbers, email addresses and taxpayer identification numbers.

Additional risk-mitigating controls may include imposing limits on 1) the types and sizes of transactions that can be conducted through e-banking platforms, 2) the volume and frequency of online-initiated transactions, if allowed, and 3) online accounts to ensure they’re offered only to established customers. Banks need to develop effective and reliable methods for authenticating customers’ identities when they open accounts online (such as “out of wallet” questions that only that person can answer).

Reduce RDC risks

While RDC provides obvious benefits to customers, it exposes banks to money laundering, fraud and information security risks. For example, fraudulent, sequentially numbered or physically altered checks may be harder to detect when they’re submitted via RDC. Plus, it’s difficult for banks to control or locate RDC equipment, particularly when foreign correspondents and foreign money service businesses increasingly rely on RDC.

Inadequate controls can result in altered deposit data, duplicate deposits and other problems. Also, customers or service providers typically retain original checks or other deposit items, which may create recordkeeping, data safety and integrity issues.

Potential risk mitigation steps include:

  • Performing a comprehensive RDC risk assessment before implementation,
  • Conducting appropriate customer due diligence and enhanced due diligence,
  • Establishing risk-based parameters for RDC customer suitability, such as lists of acceptable industries and standardized underwriting criteria,
  • Comparing an RDC customer’s expected account activity to actual activity,
  • Establishing RDC transaction limits, and
  • Ensuring that RDC customers receive adequate training.

Contracts should clearly set out the relative roles, responsibilities and liabilities of the bank and its customers with respect to RDC transactions. This includes procedures for handling and disposing of original documents.

Being vigilant

Make sure your bank remains watchful for ongoing BSA/AML issues and other potential risks resulting from e-banking. There’s no going back — e-banking is here to stay. The best strategy is to ensure your bank remains fully compliant, with all appropriate processes and procedures in place.

© 2023