Texas Banking - Vol. 96 Nbr. 7, July 2007
Daugherty, Scott
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Questions on methods on calculating the balance to determine the fee are answered. No. Reg. DD requires disclosure of any minimum balance required to avoid the imposition of a fee and of how the balance is determined for this purpose. Reg. DD also requires disclosure of the amount of any fee that may be imposed in connection with the account and the conditions under which the fee may be imposed. However, Reg. DD does not prescribe the method for calculating the balance to determine the fee. While the regulations do not require the FDIC advertising statement to be included in an advertisement relating to construction lending, they also do not appear to prohibit its appearance.
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