Title 7, Chapter 1, Section 912
( 7-1-912)
(a)(1) Every financial institution shall keep a record of currency
transactions in excess of $10,000.00 and shall comply with federal
law as to their filing. The department may promulgate regulations
that specify additional requirements for currency transaction
reports and suspicious activity reports. (2) Pursuant to federal law, a financial institution must keep a
record of any currency transaction deemed suspicious for any
reason, including transactions where money laundering is
suspected, and file a report of such transaction with the
appropriate federal authority. All such suspicious activity
reports shall be simultaneously filed with the department, unless
by regulation the department deems a federal filing to be
adequate. (3) The provisions of paragraph (1) of this subsection shall not
apply to transfers between banks, credit unions, or savings and
loan associations chartered under the laws of any state or the
United States which do not involve the payment or receipt of
currency and which are accomplished through a wire or electronic
transfer system operated by the Federal Reserve System, the
Federal Home Loan Bank System, or other governmental agency or
instrumentality; provided, however, with regard to each such
transfer the bank, credit union, or savings and loan association
shall maintain a record of the name, address, and tax
identification number of its customer, the name and location of
the corresponding bank, credit union, or savings and loan
association, and the name of the customer of the corresponding
bank, credit union, or savings and loan association. (b) The commissioner shall prescribe such regulations as he may deem
appropriate to carry out the purposes of this article. Such
regulations shall to the extent feasible be consistent with federal
regulations and may provide for exemption of such transactions as
the commissioner determines are clearly of a legitimate nature for
which mandatory reporting would serve no useful purpose. The
regulations shall provide for adequate safeguards against
unauthorized currency transactions or transactions otherwise
inconsistent with this article. (c) The commissioner in his discretion may exercise the authority granted in Code Section 7-1-64 to assure that financial institutions subject to this article are in compliance herewith. (d) No person shall for the purpose of evading the reporting
requirements of this Code section: (1) Cause or attempt to cause a financial institution to fail to
file a report required pursuant to this Code section; (2) Cause or attempt to cause a financial institution to file a
report required pursuant to this Code section that contains a
material omission or misstatement of fact; or (3) Structure or assist in structuring or attempt to structure or
assist in structuring any currency transaction with one or more
financial institutions.
(e) For purposes of this Code section, the term: (1) "Material omission or misstatement" shall include the
furnishing of a false or erroneous name, address, taxpayer
identification number, and business, profession, or occupation for
the person performing the currency transaction or the beneficiary
of such transaction or displaying or otherwise producing physical
proof of identity on such persons which is forged, falsified, or
otherwise altered; and (2) "Structuring" of a currency transaction means the division of
a transaction which would otherwise be reportable under this Code
section into two or more transactions which if considered
separately would not be reportable. |