by DaleSVP » Wed Sep 16, 2009 11:16 pm
A bank may NOT deny opening an account for lack of a Social Security Number:
1.) It is a Felony to "compel the disclosure of the Social Security number" as found in USC Title 42:
USC Title 42, Chapter 7, Subchapter II, SS 408 (a)(8)
(a) In general
Whoever—
(8) discloses, uses, or compels the disclosure of the social security number of any person in violation of the laws of the United States; shall be guilty of a felony and upon conviction thereof shall be fined under title 18 or imprisoned for not more than five years, or both.
2.) Terminate SSN legally in accordance with 20 CFR 3 A7 404.1905
20 CFR 3 A7 404.1905
§ 404.1905 Termination of agreements. Each agreement shall contain provisions for its possible termination. If an agreement is terminated, entitlement to benefits and coverage acquired by an individual before termination shall be retained. The agreement shall provide for notification of termination to the other party and the effective date of termination.
BENEFIT
3.) This bank can not be held legally responsible by anyone for failing to obtain a SSN from me pursuant to 31 CFR 103.34(a)(1) 31 CFR 103.34(a)(1) § 103.34 Additional records to be made and retained by banks. (a)(1) With respect to each certificate of deposit sold or redeemed after May 31, 1978, and before October 1, 2003, or each deposit or share account opened with a bank after June 30, 1972, and before October 1, 2003, a bank shall, within 30 days from the date such a transaction occurs or an account is opened, secure and maintain a record of the taxpayer identification number of the customer involved; or where the account or certificate is in the names of two or more persons, the bank shall secure the taxpayer identification number of a person having a financial interest in the certificate or account. In the event that a bank has been unable to secure, within the 30-day period specified, the required identification, it shall nevertheless not be deemed to be in violation of this section if (i) it has made a reasonable effort to secure such identification, and (ii) it maintains a list containing the names, addresses, and account numbers of those persons from whom it has been unable to secure such identification, and makes the names, addresses, and account numbers of those persons available to the Secretary as directed by him. A bank acting as an agent for another person in the purchase or redemption of a certificate of deposit issued by another bank is responsible for obtaining and recording the required taxpayer identification, as well as for maintaining the records referred to in paragraphs (b) (11) and (12) of this section. The issuing bank can satisfy the recordkeeping requirement by recording the name and address of the agent together with a description of the instrument and the date of the transaction. Where a person is a non-resident alien, the bank shall also record the person’s passport number or a description of some other government document used to verify his identity.
4.) Pursuant to IRC section 6041, this bank is not even required to provide any taxpayer identification numbers on the Form 1099 that they file with the IRS at the end of the year.
IRC 6041
(a) Payments of $600 or more
All "persons" engaged in a "trade or business" and making payment in the course of such trade or business to another person, of rent, salaries, wages, premiums, annuities, compensations, remunerations, emoluments, or other fixed or determinable gains, profits, and income (other than payments to which section 6042 (a)(1), 6044 (a)(1), 6047 (e), 6049 (a), or 6050N (a) applies, and other than payments with respect to which a statement is required under the authority of section 6042 (a)(2), 6044 (a)(2), or 6045), of $600 or more in any taxable year, or, in the case of such payments made by the United States, the officers or employees of the United States having information as to such payments and required to make returns in regard thereto by the regulations hereinafter provided for, shall render a true and accurate return to the Secretary, under such regulations and in such form and manner and to such extent as may be prescribed by the Secretary, setting forth the amount of such gains, profits, and income, and the name and address of the recipient of such payment.
NOTE:
Definition of "person" at IRC 6041A(d)(1):
(d)(1)The term “person” includes any governmental unit (and any agency or instrumentality thereof).
Definition of "Trade or Business" USC Title 26, 7701 (a)(26)
(26) Trade or business
The term “trade or business” includes the performance of the functions of a public office.