UK HSBC--"without good reason, no you can't have your cash"

RichardGarfinkle

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I already posted a link to the US Regs. This looks like a pretty good rundown of UK regulations.

Thanks Rob.

I'm confused though. According to this link the regulations were enacted in 2007. So, how are these new regulations?

Also nearly all of these regs are about identity verification. The primary mention of transaction verification refers to transactions over 15,000 euros.

When must CDD be undertaken?Regulation 9 requires you to verify your client's identity and that of any beneficial owner, before you establish a business relationship or carry out an occasional transaction.

Occasional transaction: A transaction (carried out other than as part of a business relationship) amounting to 15,000 euros or more, whether the transaction is carried out in a single operation or several operations which appear to be linked

I don't see how seven year old regs largely about identity apply to the events reported in the OP.
 

robjvargas

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I'm guessing, Richard, that the US Regulations, which are (in revived state) newer, resulted in some new interpretations.

For that, I have been unable to find a good UK source.
 

onesecondglance

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I'll see what I can dig up, but you're unlikely to find explicit references saying what is and what isn't acceptable. The FSA created what it termed "principle-based regulation", which laid out principles for how to do business rather than strict rules. It's therefore a game of interpretation. The FCA have inherited that rulebook (this would fall under the FCA's jurisdiction as relating to conduct, as opposed to the PRA, who are interested in financial prudence, i.e. is your company going to collapse).

The intersection between the FCA's "room for interpretation" guidelines and the "enshrined in law" ML legislation is where policies like this one are born. One compliance team in one organisation will interpret is as a must do, and another as a nice to have.

ETA: I didn't actually say this was new regulation. I said that the FCA are throwing out new reviews all over the place, and changing ("clarifying") old guidance regularly, which has created an atmosphere of caution. It's possible HSBC have had this policy in place for a while, and it's only just made it to the news - or they might have instigated it recently.

Policies tend to get reviewed regularly, and while regulations might not have changed, the company's attitude to what's compliant or not may well do. Just because you haven't been hauled over a barrel for a policy in the past doesn't mean a new regulatory body might not make a huge deal of it now.
 
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heza

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The company is concerned that you having to pay back such a loan could interfere with you making mortgage payments.

Eh, I suspect that's the reason they rummaged around in my bank accounts for several months and ran about six hard inquiries on my credit. *sigh*

Cathy C said:
Actually, banks require the notarized Affidavit from gift givers because when they loan money, they insist on being the primary (first) lien on the property. The lien attaches when the loan is given.

No one mentioned that to us, but it makes sense.

What our particular mortgage company actually told us was that we had to prove where all our earnest and down payment money came from to ensure we weren't laundering drug money.... Of course, they told us lots of things that didn't turn out to be true. :Shrug: