Official Demands Part 1: Handling Subpoenas, Summonses & Other Legal Process

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Your institution probably receives at least one subpoena, summons, or other type of legal process each day. The risk is that your staff may not be trained on the proper way to accept service of process for your institution or on the proper way to respond to these legal documents. This could expose your institution to significant monetary damages and regulatory complaints. This webinar will explain legal processes, potential liability, and the situations when documents may be served on your institution. Join us to learn the necessary steps to properly accept service of process and properly respond to these legal documents, including identifying the information that can and can’t be disclosed, determining when the accountholder must be notified, and testifying in court or substituting an Affidavit of Records Custodian.

HIGHLIGHTS

  • What financial privacy restrictions are imposed when responding to legal process?
  • What is the difference between a subpoena and a summons?
  • How do you know if it’s an official document or a fake?
  • When is your institution required to notify the accountholder?
  • Can you charge copying costs and fees?
  • When can you use an Affidavit of Records Custodian instead of physically appearing in court?

TAKE-AWAY TOOLKIT

  • Sample Affidavit of Records Custodian form
  • Employee training log
  • NEW – Interactive quiz

WHO SHOULD ATTEND?
This informative session will benefit deposit operations personnel, tellers, account service representatives, collectors, compliance personnel, privacy officers, auditors, attorneys, and managers.

 

ABOUT THE PRESENTER – Elizabeth Fast, JD, CPA, Spencer Fane LLP
Elizabeth Fast is a partner with Spencer Fane LLP where she specializes in the representation of financial institutions. Elizabeth is the head of the firm’s training division. She received her law degree from the University of Kansas and her undergraduate degree from Pittsburg State University. In addition, she has a Master of Business Administration degree and she is a Certified Public Accountant. Before joining Spencer Fane, she was General Counsel, Senior Vice President, and Corporate Secretary of a $9 billion bank with more than 130 branches, where she managed all legal, regulatory, and compliance functions. She is a member of the Missouri State Banking Board by appointment of the Governor. 

Originally recorded on August 5, 2019.

Recorded webinar is available until February 28, 2020.

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Price includes sales tax.