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Thread: A regular deposit of lawful money.

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  1. #23
    Senior Member Michael Joseph's Avatar
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    Quote Originally Posted by David Merrill View Post
    Albeit food for thought; my first reaction is that the special deposit demand is inherent in the demand for lawful money. Here we are getting into the banker's business and I am not against that. I am just not really that concerned.

    But my first notion on it is that all customers at a certain bank would have their deposited bills together, all on the same ledger. The only difference between the special deposit demand and not would be that when you made a withdrawal you might be getting bills from another customer there who demands lawful money when he makes a paycheck deposit.
    In my opinion, A SPECIAL DEPOSIT invokes a Trust Relationship with the Banker such that the banker must hold with great care "in trust" the special nature of the deposit. Banker is Trustee of the Trust Account for the benefit of FIRST MIDDLE LAST [Estate].

    In other words the funds cannot be co-mingled with other funds. For example, if you were to make a demand for Lawful Money and then deposit the instrument on account, then that deposit could be co-mingled with other types of moneys. And, therefore, the banker is in no way estopped from Fractional Reserve practices when a GENERAL DEPOSIT is created.

    Therefore, in my opinion, either just Cash the Check and hold the notes without the banking system, or create a SPECIAL DEPOSIT account. The first option seems the most logical; however, with the recent PUSH by the banking establishment to put DEBIT cards in the hands of the Acct. Holders, I think the system is pushing hard towards an electronic means of exchange. Therefore, a SPECIAL DEPOSIT Trust Account may be prudent.

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    Last edited by Michael Joseph; 09-13-11 at 04:18 AM.
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