Download:
pdf |
pdf110
Designation of Exempt Person
FinCEN Form
(Formerly form TD F 90-22.53)
August 2005
Previous editions will not be accepted after January 2006
Please type or print. Complete all parts that apply. See instructions.
OMB No.1506-0012
Send your completed form to: IRS Detroit Computing Center, Attn: Designation of Exempt Person, P. O. Box 33112, Detroit, MI 48232-0112
Part I
Filing Information
1 Indicate the type of filing by checking a, b, c, or d (check only one)
a
Initial designation
b
Biennial renewal
2 Effective date of the exemption
Exemption amended
d
Exemption revoked
__________ / __________ / __________
MM
Part II
c
DD
YYYY
Exempt Person Information
4 Doing business as (DBA)
3 Legal name of the exempt person
5 Address
7 State
6 City
F
9 EIN or SSN
8 ZIP Code
10 Type of exempt person, check box a, b, c, d, e, or f (check only one)
A
R
a
Bank
b
Government agency/Governmental authority
d
Listed company subsidiary
e
Eligible non-listed business
c
Listed company
f
Payroll customer
11 If this is a biennial renewal, and the exempt person is an eligible non-listed business or a payroll customer,
( 10 e or f above) has there been a change in control of the exempt person during the last two calender years?
Part III
Filer Information
12 Name of bank
13 Address
14 City
D
18 Indicate the bank’s primary federal regulator by
checking a, b, c, d, e, or f (check only one)
15 State
a
16 ZIP Code
OCC
b
FDIC
a
Yes
b
No
17 EIN
c
FRS
d
OTS
e
NCUA
f
19 If this designation is also being made for one or more affiliated banks, check this box.
See Part V of the instructions for the procedure for listing additional affiliated bank(s) and requirements of the biennial renewal certification.
Part IV
Signature
I am authorized to sign this form on behalf of the bank granting the exemption and any listed bank subsidiaries. I declare that the information
provided is true, correct and complete.
20 Signature (If item 1a, c, or d is checked, sign here)
22 Title
21 Print name
24 Telephone number - (include area code)
23 Date of signature
_____ / _____ / _______
MM
Part V
DD
YYYY
(
)
Biennial Renewal Certification
Complete this part only if you are filing a biennial renewal (Item 1b checked).
I certify on behalf of the bank that its system of monitoring the transactions in currency of an exempt person for suspicious activity has been
applied as necessary, but at least annually, to this exempt person.
26 Print name
25 Signature (If item 1b is checked, sign here)
27 Title
29 Telephone number - (include area code)
28 Date of signature
_______ / ______ / ________
MM
DD
Catalog Number 47385C
YYYY
(
)
Rev. 08/05
IRS
FinCEN Form 110
Designation of Exempt Person
General Information
The Bank Secrecy Act and its implementing
regulations require banks to file currency transaction
reports on transactions in currency of more than
$10,000. The regulations also permit a bank to exempt certain customers from currency transaction reporting in accordance with 31 CFR 103.22.
Banks are the only type of financial institutions
that may exempt customers from CTR filing requirements. The term bank is defined in 31 CFR 103.11(c);
and includes savings and loan associations, thrift institutions, and credit unions.
The customers that the bank may exempt are
called “exempt persons”. An exempt person may be
a bank, government agency/government authority,
listed company, listed company subsidiary, eligible
non-listed business, or payroll customer, as defined
in 31 CFR 103.22.
A bank may, but is not required to, use this form
to notify the Treasury that the bank has revoked the
designation of a customer as an exempt person.
FinCEN encourages banks to use the exemption procedure to the fullest extent. FinCEN also reminds banks of their continuing obligation to monitor for, and report suspicious activity with respect to
transactions of all customers, including currency transactions conducted by exempt persons.
When and where to file
Any bank that wishes to designate a customer
as an exempt person must file FinCEN Form 110,
Designation of Exempt Person, with the IRS Detroit
Computing Center no later than 30 days after the
first transaction to be exempted.
The biennial renewal must be filed by March
15 of the second calendar year following the year of
the initial designation, and every other March 15
thereafter. If the bank missed filing the biennial
renewal timely, contact DCC at 800-800-2877 for
instructions.
D
Send your completed form to:
IRS Detroit Computing Center
Attn: Designation of Exempt Person
P.O. Box 33112
Detroit, MI 48232-0112
General Instructions
1. This form can be e-filed through the Bank
Secrecy Act E-filing System. Go to
http://bsaefiling.fincen.treas.gov/index.jsp to
register. This form is also available for download on
the Financial Crimes Enforcement Network’s Web
site at www.fincen.gov, or may be ordered by
calling the IRS Forms Distribution Center at (800)
829-3676.
2. Complete the form in accordance with specific
instructions for each item. Unless there is a specific
instruction to the contrary, leave blank any items that
do not apply.
3. Do not include supporting documents.
4. Enter all dates in MM / DD / YYYY format where
MM=month, DD=day, and YYYY=year. Precede any
single number with a zero, i.e., 01,02, etc.
5. List all U.S. telephone numbers with area code
first and then the seven-digit phone number, using
the format (XXX) XXX-XXXX.
6. Enter identifying numbers starting from left to right.
Do not include spaces, dashes, or other punctuation.
Identifying numbers include social security number
(SSN), employer identification number (EIN), and
individual taxpayer identification number (ITIN).
7. Enter all Post Office ZIP Codes from left to right
with at least the first five numbers, or with all nine
(ZIP + 4) if known.
8. Addresses: Enter the permanent street address,
city, two-letter state or territory abbreviation used by
the U.S. Postal Service and ZIP Code (ZIP+4 if known)
of the exempt person or entity. A post office box
number should not be used , unless no other address
is available. Also enter any apartment number, suite
number, or road or route number. If a P.O. Box is
used for an entity, enter the street name, suite number,
and road or route number.
Specific Instructions
Part I Filing Information
Item 1--Type of filing. Check only one of the four
boxes. The bank will file an initial designation just once,
marking item 1a to signify the initial designation.
Additionally, with regard to non-listed businesses (item
10e checked) or payroll customers (item 10f checked),
the bank must file the form biennially to renew the
exempt status of these customers, marking item 1b to
signify the biennial renewal. If amending a report (1c
checked) complete the amended report in its entirety.
Item 2--Effective date of the exemption. For initial
designation, enter the date of the first transaction to
be exempted.
-For biennial renewal, the effective date of the
exemption will be the same date the bank used in the
“effective date of the exemption box” when the initial
designation was filed.
-For exemptions amended, if the effective date of the
exemption is not being amended, the date entered
should be the same date the bank used in the “effective
date of the exemption box” when the initial
designation was made; or if the effective date of the
exemption is being amended, enter the date of the
first transaction to be exempted.
-If the DOEP form is used to revoke an exemption,
enter the day after the last transaction to be exempted.
A
R
Part II Exempt Person Information
Item 3--Legal name of the exempt person. Enter
the full legal name of the exempt person as it is shown
on the charter or other document creating the entity.
For exempt persons that are sole proprietorship, enter
the first and last name of the proprietor.
Item 4--Doing business as (DBA). If applicable, enter the separate DBA name of the exempt person.
Item 5, 6, 7 and 8--Address. Enter the permanent
address of the business location of the exempt person. For exempt persons doing business at more than
one physical location, enter the local headquarters address or local address of the exempt person. For sole
proprietorship, enter the business address of the sole
proprietorship rather than the home address of the
sole proprietor, unless they are the same.
Item 9--EIN or SSN. Enter the EIN of the exempt
person. If a sole proprietorship does not have an EIN,
enter the social security number (SSN).
Item 10--Type of exempt person. Check only one of
the six boxes. See 31 CFR 103.22(a).
Item 11--Change in control. Complete this item only
if you checked Item 1b to indicate that you are filing a
biennial renewal (biennial renewals only required for
item 10e and 10f).
Part III Filer Information
Item 12--Name of bank. Enter the bank’s full legal
name.
Item 13, 14, 15 and 16--Address. Enter the bank’s
headquarters address.
Item 17--EIN. Enter the bank’s employer identification number (EIN).
Item 18--Primary regulator. Check only one of the
following six boxes, OCC, FDIC, FRS, OTS, NCUA, or
IRS.
Item 19--Affiliated banks. A parent bank holding
company or one of its bank subsidiaries may make
the designation of exempt person on behalf of all bank
subsidiaries of the holding company so long as the
designation lists each bank subsidiary that will treat
the customer as an exempt person. If you are making
such a designation, check the box in item 19. List the
name and address of each bank subsidiary by completing Part III of an additional Designation of Exempt
Person form for each bank subsidiary. Complete the
additional forms by entering the bank’s name and address in Items 12 through 18, and copy the information from Part IV, items 21 through 24 of your Designation of Exempt Person form onto each additional
form. Submit the additional forms by attaching them
to your Designation of Exempt Person form. The database will accept up to a total of 20 entries.
F
Only one signature is required for this form
Part IV Signature
Item 20--Signature. An authorized official of the bank
shall sign the form. (If item 1a, c, or d is checked)
Item 21-- Print name. Enter the name of the bank
official who signed the form.
Item 22--Title. Enter the title of the bank official who
signed the form.
Item 23--Date of signature. Enter the current date
the form was signed.
Item 24--Telephone number. Enter the phone number
of the bank official who signed the form.
Part V Biennial Renewal Certification
When filing a biennial renewal, a bank must certify
that it has applied as necessary, but at least annually, a
system of monitoring the transactions in currency for
suspicious activity. If the box in item 19 is checked,
the bank granting the exemption is responsible for
completing its own monitoring and due diligence in
granting the exemption. The attached list of affiliated
banks is provided only to reflect the other financial
institutions that may recognize this exemption.
Item 25--Signature. An authorized official of the bank
shall sign the certification. (Item 1b is checked)
Item 26-- Print name. Enter the name of the bank
official who signed the certification.
Item 27--Title. Enter the title of the bank official who
signed the certification.
Item 28--Date of signature. Enter the date the
certification was signed.
Item 29--Telephone number. Enter the phone
number of the bank official who signed the
certification.
Paperwork Reduction Act Notice: The purpose of this form is to provide an effective means for banks and depository institutions to exempt eligible customers from currency
transaction reporting. This report is required by law, pursuant to 31 CFR 103.22. Federal law enforcement and regulatory agencies, including the U.S. Department of Treasury and
other authorized authorities, may use and share this information. You are not required to provide the requested information unless a form displays a valid OMB control number.
Public reporting and recordkeeping burden for this form is estimated to average 70 minutes per response, and includes time to gather and maintain information for the required
report, review the instructions, and complete the information collection. The record retention period is five years. Send comments regarding this burden estimate, including
suggeations for reduciing the burden, to Financial Crimes Enforcement Network, Attention: Paperwork Reduction Act, P. O. Box 39, Vienna, VA 22183-0039.
File Type | application/pdf |
File Title | FinCEN Form 110 (8-2005) |
Subject | Designation of Exempt Person |
Author | FinCEN |
File Modified | 2007-11-26 |
File Created | 2005-04-25 |