Question and Answer Guide
Barnes Banking Company, Kaysville, UT
FDIC Call Center
Toll free number 1-800-528-4893
Hours of Operation – Mountain Time
Friday, January 15, 2009: Until 9:00 p.m.
Saturday, January 16, 2009: 9:00 a.m. – 6:00 p.m.
Sunday, January 17, 2009: Noon – 6:00 p.m.
Thereafter: 8:00 a.m. – 5:00 p.m.
Bank Call Center
1-888-353-3424 or 1-801-544-3424
Is My Account Fully Insured? (closedbanks.fdic.gov/drrip/AFI/Search/)
Electronic Deposit Insurance Estimator (edie.fdic.gov)
The Utah Department of Financial Institutions closed Barnes Banking Company, Kaysville, UT, on Friday, January 15, 2010. Subsequently, the Federal Deposit Insurance Corporation (FDIC) was appointed as Receiver. According to regulatory policy, the public is not given advance notice of the closure.
On Saturday, January 16, 2010 at 9:00 a.m., the bank will be re-opened as Deposit Insurance National Bank of Kaysville, Kaysville, UT. Over the closing weekend customers may withdraw up to $500 in cash at the branch locations during Saturday business hours. ATM customers may withdraw up to $200 per day over the closing weekend.
Zions First National Bank, Salt Lake City, UT will provide managerial and operating support at the new bank during the transitional period.
Customers are encouraged to open new accounts with another institution as soon as possible. Any automatic transactions, including social security checks and automated payments, will need to be established with a new institution. Customers that fail to move their accounts by February 12, 2010 will be mailed checks for insured checking and savings balances to the mailing address on record with Barnes Banking Company.
Cashier’s checks drawn on Barnes Banking Company will be issued to close customer accounts and will continue to clear. Holders of these checks should cash them as soon as possible.
Checking and Savings Accounts: You will have continued access to your insured checking and savings account funds by using your same checks and ATM/debit cards. ATM/debit cards may be used through January 29, 2010. Checks may be used but should be written to allow time to clear before February 12, 2010. Checks which do not clear the account before February 12, 2010 will be returned. Once you have identified your outstanding checks and verified your balance, you can also write a check without coming to the bank to close your account.
Certificates of Deposit (CD) and Individual Retirement Accounts (IRA): The insured amount of CDs and IRAs which includes principal and interest accrued through the closing date up to the deposit insurance limit will be paid directly by the FDIC. Checks will be sent to your mailing address on record with Barnes Banking Company. Checks will be mailed on Tuesday, January 19, 2010. A letter will be sent to IRA customers outlining their rollover responsibilities.
Direct Deposits: All direct deposits, including Social Security checks, will continue through February 12, 2010. You should make other arrangements as soon as possible. After that date, all items will be re-directed to Zions Bank.
DEPOSIT QUESTIONS
Over $250,000: What if I have more than $250,000 in my accounts at Barnes Banking Company?
You should call the FDIC to schedule a telephone appointment with an FDIC Claims Agent at 1-800-528-4893. If you have more than $250,000 in your interest-bearing account, or if the total of your related interest-bearing accounts exceeds $250,000, your accounts may require review by an FDIC Claims Agent.
If you have an interest-bearing account or group of interest-bearing accounts that exceeds $250,000, you may need to complete certain declarations or affidavits and provide documentation so that the FDIC can make an insurance determination on your account(s). These forms can be obtained on line at www.fdic.gov.
If you are an investor with a deposit broker, you may need to complete one of these forms only if your investment exceeds $250,000. However, you must mail your form to your deposit broker for submission to the FDIC.
If your deposits DO NOT exceed $250,000, or if your deposits are in a noninterest-bearing transaction account, you DO NOT need to complete these documents or contact the FDIC. The balance in ALL noninterest-bearing transaction accounts (checking accounts) is fully insured.
An account hold may be placed on an account due to the need for additional documentation from a depositor. For example, a Declaration for Trust form may be required to attest to the parties involved in a trust. These forms can be mailed to you, or you can access them online at:
http://www.fdic.gov/regulations/laws/forms/claims.html
If you have a question regarding the completion of required affidavits or declarations, please call 1-800-528-4893 and indicate you have a form completion question.
Account Hold: I have been advised there is a hold on my account. What does that mean?
It is possible a depositor’s account was held due to delinquent loans where the depositor is the borrower or guarantor. Additionally, any account pledged as collateral for a loan will continue to be held. A letter will be sent informing you of any holds placed by the FDIC, along with instructions on how to proceed. If you have any questions regarding these holds, please call your loan officer or the FDIC at the number provided in the letter.
Another reason an account hold may be placed is due to the need for additional documentation from a depositor. For example, a Declaration for Trust form may be required to attest to the parties involved in the trust. Please contact the FDIC at 1-800-528-4893 to schedule a telephone appointment.
Account Insurance Status: Is my account fully insured? Is there a method to verify whether my account(s) at Barnes Banking Company are fully insured?
A tool, Is My Account Fully Insured? (https://closedbanks.fdic.gov/drrip/AFI/Search/), is available that allows failed bank customers the ability to verify whether their account is fully insured or if they need to contact the FDIC. This service will be available for use no later than the first business day after the bank's failure. Once you enter your account number, your insurance status for that account will appear. If there is a hold on your account, it may be due to the need for the additional documentation referenced in question number one. If there is a hold, you will need to contact the FDIC at 1-800-528-4893 to schedule a telephone appointment.
ATM/Debit Card/Checks: Can I continue to write checks or use my ATM/Debit card?
You will be able to continue using your personal checks and your ATM/Debit card; however, any checks clearing after close of business February 12, 2010, will be returned. The ATM will not be available for a short period of time on Friday for processing. However, it will be operational shortly thereafter and available as usual until January 29, 2010.
Over the closing weekend customers may withdraw up to $500 in cash at the branch locations during Saturday business hours. ATM customers may withdraw up to $200 per day over the closing weekend.
Automatic Payments/Online Billpay: Will my automatic payments through Billpay continue?
Billpay will be available over the weekend in a read-only mode; however, it will be available for transactions on Tuesday morning, but only until January 25, 2010 when it will be disabled. Any payments scheduled MUST CLEAR your account by February 12, 2010 or they will be returned. However, you should begin to make arrangements to transition to a new online banking service as soon as possible since the service will be discontinued.
Brokered Deposits/Deposit Broker: I am a deposit broker or I have brokered deposits. What do I need to do?
Brokered deposits will be held by the FDIC, and those insured deposits will be paid off when the insurance determination is complete. The FDIC offers an online reference guide to deposit brokers acting as agents for their investor clientele. This site outlines the FDIC’s policies and procedures that must be followed by deposit brokers when filing for pass-through insurance coverage on custodial accounts in a failed FDIC-insured institution. Please read the following Deposit Broker's Processing Guide completely before contacting the FDIC with questions:
Deposit Broker's Processing Guide (www.fdic.gov/deposit/deposits/brokers/index.html)
Should you have any questions regarding the completion of required affidavits or declarations on behalf of your client, please call 1-800-528-4893 and indicate you have a form completion question.
If you are a customer who has a Barnes Banking Company deposit through a broker, you must contact your broker with any questions. Once the FDIC receives a balanced investor file along with all the required documentation, from your broker, your insured funds will be wired to them on your behalf.
Checks not honored: A merchant will not honor my check. What can I do?
Merchants are encouraged to honor Barnes Banking Company checks as these will continue to clear. A copy of this document or the press release (www.fdic.gov/news/news/press/2010/pr10010.html) can be provided since both documents state insured deposits have been received by DINB of Kaysville. Barnes Banking Company checks will continue to clear up to the available balance until close of business February 12, 2010. Copies of this press release will be available at the bank. Depositors or merchants can also call the FDIC at 1-800-528-4893 or staff at your former Barnes Banking Company branch locations.
Claim Account(s): How do I claim my account(s)?
A deposit insurance payment of your checking and/or savings account(s) up to the insured limit has been transferred to DINB of Kaysville. Please be advised that that the last business day to claim the money in your checking and savings accounts is February 12, 2010. You should make sure that you allow time for all items to clear before that date. A check will be mailed to you for unclaimed insured balances after that date. Items presented after that date will be returned.
Checks for your insured CDs and insured IRAs will be mailed on Tuesday, January 19, 2010. Unclaimed monies will be escheated to the state after 18 months. Unclaimed property can be located by visiting www.missingmoney.com or contacting your state’s treasurer’s office or office of unclaimed property.
Customer Impact: How does this failure affect me?
You have until February 12, 2010 to close your checking and savings accounts. If your deposits are in a noninterest-bearing transaction account, the total balance of your account will be received by DINB of Kaysville. Your account will be available at the Barnes Banking Company branches or by writing checks against your Barnes Banking Company account to open an account with another institution. You should allow time for all items to clear before that date.
DINB of Kaysville has possession of your insured deposits and will continue to operate the branches until close of business February 12, 2010. You will have continued access to your money through your ATM/debit card (until January 29, 2010) and by writing checks. However, any checks that have not cleared by COB February 12, 2010, will be returned.
Insured CD and insured IRA balances will be mailed to you on Tuesday, January 19, 2010.
If you have more than $250,000 in your interest-bearing account (or $250,000 in your IRA), or if the total of your related interest-bearing accounts exceeds $250,000, your accounts may require review by an FDIC Claim Agent. All accounts that appear to be related are reviewed to determine ownership and insurance coverage. Certain entitlements and different types of accounts can be insured in excess of the $250,000. If you think you might have uninsured deposits, please see question number one for information regarding forms you may need to complete to expedite this process.
If you had a loan with the bank, continue to make your checks payable to Barnes Banking Company and mail to the same address you have used in the past until you are instructed otherwise.
Direct Deposits, Social Security: What will happen to my direct deposits?
You should make arrangements with another financial institution. Direct Deposits, including Social Security checks, will continue until close of business February 12, 2010. But, to avoid delay of your direct deposits, make arrangements as soon as possible.
Early withdrawal penalty: Will I incur an early withdrawal penalty on my closed CD?
No.
Final Statement: How will I get my final account statement(s) from Barnes Banking Company?
DINB of Kaysville will mail your account statements at the same time you have received them in the past. Customers who have not closed their accounts by close of business February 12, 2010, will receive a final statement at that time.
Interest: Will I continue to earn interest at the same rate?
No. All interest on insured deposits accrued through Friday, January 15, 2010 will be paid at your same rate. Interest will not continue to accrue after that date. All CD and IRA insured account balances will be mailed to your address of record with Barnes Banking Company on Tuesday, January 19, 2010.
If you deposited funds through a broker, the interest will accrue and be paid through Friday, January 15, 2010.
Interest Checks/Cashier's Checks: Can I cash my interest check or cashier's check?
Interest checks and cashier's checks will continue to clear past February 12, 2010 as those will be issued to customers closing accounts; however, customers are highly encouraged to cash these checks as soon as possible. Official checks (those issued by institutions – for example, cashiers’ checks, certified checks, money orders) meet the definition of noninterest-bearing transaction accounts. Under the Temporary Liquidity Guarantee Program, noninterest-bearing transaction accounts are fully insured.
Internet Connection: Will my Internet connection to Barnes Banking Company work?
Over the weekend, the website will be available in a read-only mode. Online transactional service will resume on Tuesday morning, but ONLY through Monday, January 25, 2010. After that time, online transactional service will be disabled. Barnes Banking Company had a number of avenues for customers to access funds, and each of those avenues will be available when final processing is completed.
Please be advised you will not receive any email notification to claim/unlock/unsuspend your account or to provide any private information. Please be aware of any scams to obtain information from you.
IRAs: What if I have an Individual Retirement Account (IRA)? Will this be considered another rollover?
From the date a check is issued to you from your IRA, you have 60 days to roll this over into another retirement vehicle. You should consult IRS Publication 590 and/or your tax advisor concerning the possible tax consequences of such distribution. This publication specifically addresses this situation; therefore, you should review it carefully. IRS Publication 590 may be obtained by contacting your local IRS office or via the Internet at www.irs.gov.
IRA funds are insured separately from other types of accounts up to $250,000. IRA checks for the insured amount will be mailed to your address of record with the bank on Tuesday, January 19, 2010.
Lose Any Money: Will I lose anything on my deposit account?
Principal and interest on insured accounts, through Friday, January 15, 2010, are protected by the FDIC, to at least $250,000. Certain entitlements and different types of accounts can be insured in excess of the $250,000.
If you have more than $250,000 in your interest-bearing account (or $250,000 in your IRA), or if the total of your related interest-bearing accounts exceeds $250,000, your accounts may require review by an FDIC Claim Agent. All accounts that appear to be related are reviewed to determine ownership and insurance coverage. See question number one for information regarding forms you may need to complete to expedite this process.
Outstanding Checks: What will happen to the checks which have not cleared my account?
Checks that were drawn on Barnes Banking Company that did not clear before the institution closed will be honored up to your insured amount or available balance until close of business February 12, 2010. You should allow time for items to clear before that date.
Records/Account Histories: What if I need information regarding my account during the time Barnes Banking Company was in business?
Please call or visit your branch to request any records you may need. After February 12, 2010, please call 1-800-528-4893.
Tax Reporting - 1098/1099s: Who will send my 1098 and/or 1099 information after the end of the year?
DINB of Kaysville will be responsible for mailing your 1099 tax information. Your 1098 reporting will be done by the FDIC as Receiver for Barnes Banking Company or the servicer of your loan. You will be notified of any changes in ownership or servicing of your loan.
Uninsured: Will I collect my uninsured deposits?
If you have a loan in the same name as your uninsured deposit account, it may be possible to offset your uninsured amount against your loan. You should discuss this with your Claims Agent during your appointment.
If it is determined that you have some uninsured funds, the FDIC will mail you a Receivership Certificate. This certificate entitles you to share proportionately in any funds recovered through the sale of the assets of Barnes Banking Company. You may eventually recover some of your uninsured funds as assets are liquidated.
When a financial institution is closed, and the Federal Deposit Insurance Corporation ("FDIC") is appointed as receiver, one of FDIC's responsibilities is to sell the institution's assets to pay the depositors and its creditors. The money generated by the sale of these assets will flow through the Receivership. Periodic dividend payments will be made to proven claimants when excess cash is available. For an explanation of the dividend process, go to FDIC Dividends from Failed Banks (closedbanks.fdic.gov/dividends/).
Of course, you will receive immediate full payment for your insured checking and savings accounts through DINB of Kaysville. You will receive a check for full payment of your insured CDs and insured IRAs from the FDIC.
If you have a deposit through a broker, your insured funds will be wired to your broker on your behalf once the FDIC receives all required documentation from your broker.
Wire Transfer: Can funds be wired to me?
As of Tuesday, January 19, 2010, your checking and savings account funds can be wired at your request. Any outgoing wire fees will be waived. Please contact your former Barnes Banking Company branch location regarding your wire request. Checks for insured CDs and insured IRAs will be mailed to you, and you will receive them by the end of the week.
LOAN QUESTIONS
Automatic Payments: Will my automatic transaction payment still occur on its assigned date?
Any automatic payments from your account will continue until close of business February 12, 2010. We encourage you to check your account the day after your scheduled draft to verify the transaction. If the transaction did not occur, please notify your loan officer. You should make arrangements with your new bank as soon as possible.
Construction Loan Draws: Will construction draws continue? Will my project be completed?
Each loan is being reviewed independently, and you should direct your questions to your loan officer. Funding decisions will be made on a case-by-case basis.
Construction Loan Voucher Control: Will my subcontractors be paid as before?
Each loan is being reviewed independently and will be determined on a case-by-case basis. You should direct your questions to your loan officer.
Escrows: Will you continue to pay my escrows?
All services previously performed related to your loan will continue. Should you receive notification that any portion of your taxes or insurance were not paid, please notify your loan officer immediately.
Fees: Are there any changes to fees or charges due to this event?
Fees will be discontinued as of January 15, 2010.
Foreclosures: Will the FDIC continue foreclosures in process?
At this point, all foreclosure actions have been suspended to properly evaluate the loans and the borrower’s ability to repay. We intend to sell all loans, and the new owner will determine the best method to collect them. There may be instances where FDIC will continue with the foreclosure process; however, this will be done on a case-by-case basis.
Lender and contact names: Who is my lender and has my loan contact changed?
Your loan is currently owned by the FDIC and is being serviced by all of the same personnel with whom you have worked in the past. All prior contacts remain the same.
Loan Sales: Will my loan be sold?
Your loan may be sold at a future undetermined date. If that occurs, you will be notified in advance through written correspondence. If you are concerned about whom your future lender or servicer will be, you have the right to independently refinance your loan with another lender.
Line of Credit Advances – Home Equity: Can I continue to perform advances on my line of credit?
All lines of credit, including Home Equity Lines of Credit (HELOCs) and overdraft lines of credit, have been suspended at this time and have been retained by the Receiver. It is our intention to sell your loan. The Receiver is not a bank. It does have the ability to fund some short-term needs if in the best interest of the Receiver; however, any funding and issuance of a check is not immediate. You are encouraged to seek financing from another bank. They will be able to better serve your needs on an ongoing basis.
Loan in Process: I have a loan currently in process. How is my loan impacted?
Please contact your loan officer directly.
Loan Sweeps: Will my loan sweep be discontinued?
This will be determined on a case-by-case basis. Please contact your loan officer.
Overdraft Line of Credit: Will my overdraft line of credit continue to cover my overdrafts?
No. These lines have been retained by the FDIC and have been frozen. You will need to establish a new overdraft line of credit with your new bank.
Payments: How and where do I make my payments?
You should continue to make your payments as agreed. Make checks payable to Barnes Banking Company and utilize the same payment address information. You may continue to make your payments at the branch or by phone via check or credit card.
Pre-payment Penalty: If I refinance with another lender, will my pre-payment penalty be waived?
Any pre-payment penalty will be waived as long as FDIC as Receiver for Barnes Banking Company has control of the asset, and the borrower obtains refinancing of the outstanding balance on the account with another financial institution.
SBA Application in Process: What will happen to my SBA loan application in process?
DINB of Kaysville will not be originating any new loans.
If your loan has been approved by the SBA, but is not yet funded, please contact your loan officer. You will be directed to the proper SBA contact to help you locate another approved lender.
If your loan is in process, but is not yet approved by the SBA, we will release your SBA package on file with us to you, and you will need to apply with another SBA-approved lender. Please contact your loan officer to make arrangements to retrieve your application from the bank.
What Happens Now: What will happen to my loan?
Your loan may be sold at a future undetermined date. If that occurs, you will be notified in advance through written correspondence.
GENERAL QUESTIONS
All-Deposit Transfer versus Insured Deposit Transfer: Why do all deposits, insured or not, pass is some transactions but not in others?
The FDIC is required by law to employ the least-cost resolution measure for each failed financial institution. The most frequent result had been for the FDIC to transfer only the insured deposits in a Purchase and Assumption transaction; however, the temporary increase in the deposit insurance limit has assisted in the transfer of all deposits more often in the past year.
FDIC Insurance: How can I find out more about Federal Deposit Insurance rules?
You may access our website, which contains deposit insurance information and an Electronic Deposit Insurance Estimator (EDIE):
Deposit Insurance (www.fdic.gov/deposit/index.html)
Are my deposits insured? (www.fdic.gov/deposit/deposits/index.html)
EDIE (edie.fdic.gov)
You may also order any FDIC publication:
FDIC Public Information Center
3501 North Fairfax Drive
Room E-1002
Arlington, VA 22226
1-703-562-2200 Phone
1-703-562-2296 Fax
publicinfo@fdic.gov
Media: I represent a TV/Newspaper/Radio and would like some information.
Please contact the Office of Public Affairs:
New Bank Insured: Is the new bank insured by the FDIC?
Yes. Your deposit at DINB of Kaysville is insured by the FDIC, and each depositor is insured to at least $250,000, as established by law.
Safe Deposit Boxes: How can I claim the contents of my safe deposit box?
You have until February 12, 2010 to empty your safe deposit box. To avoid congestion at the end of this period, you should find another safe deposit box provider as soon as possible. Please be advised if you do not clear your safe deposit boxes before that date, the box will be drilled under dual control. The contents will be escheated to your state according to state law. You will receive a letter at the address listed on the bank's record prior to your box being drilled. Unclaimed property can be located by visiting www.missingmoney.com or by contacting the State Treasurer's office or the office of unclaimed property.
If you paid a deposit to Barnes Banking Company for your Safe Deposit Box, that deposit was a liability of the Barnes Banking Company, not the FDIC nor the DINB. You may file a claim with the FDIC to recover the deposit just as other creditors may file. The forms will be available at the bank branches.
Shareholders: I am a shareholder. What happens to my shares?
Barnes Banking Company had no publicly owned stock. Equity shareholders were invested in the holding company, Barnes Bancorporation, Kaysville, UT, and not in the bank. Please do not file a claim with the Receiver, rather, contact the holding company with any questions you may have:
Barnes Bancorporation
c/o Curtis Harris
33 South Main Street
Kaysville, UT 84037
Unpaid Bill: I did some work for Barnes Banking Company and have not yet been paid. What should I do?
Please send your bills to the following address:
Federal Deposit Insurance Corporation
Receiver: Barnes Banking Company
1601 N. Bryan Street
Dallas, TX 75201-3430
Attention: Claims Agent
SCAMS:
Be watchful for and resistant to any scams to obtain information from you by individuals
or entities stating that they are acting on behalf of either the failed bank, new bank, or the
FDIC. Should you be contacted by anyone requesting personal information from you related to this
event, please contact the call center above and you will be directed to the appropriate person.
For more information: www.fdic.gov/bank/individual/failed/barnes.html