Yes, we believe that your bank may revise its business account agreements to provide your bank with the discretion to give customers additional time to fund accounts after the first 32 days have passed. We are not aware of any law or regulation that would prohibit this change, provided that your account agreements and disclosures are clear and consistent with your actual practices.

We would caution that such discretion should be applied consistently and monitored to ensure that the additional time for funding a business deposit account is not granted in a discriminatory manner. As a general matter, prohibitions of discrimination apply only to loan products, but we recommend being sensitive to the unintended consequences of providing this additional time to only a select few of your business deposit customers (while the likelihood of this policy being scrutinized as discriminatory or for disparate impact is extremely remote).

As an aside, we recommend providing advance notice of any account closures, both as a courtesy to your customers and to prevent confusion and misunderstandings.