What is an administrative subpoena or summons?

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An administrative subpoena or summons is fundamentally a formal request with legal authority used by administrative agencies to compel the production of documents or witness testimony in the course of their investigations. This mechanism is crucial for regulatory compliance, allowing agencies to gather necessary evidence without necessarily requiring a warrant or engaging in a full court process.

The nature of an administrative subpoena is to facilitate the investigation by mandating that individuals or organizations provide relevant information that may aid in ascertaining adherence to laws and regulations. This is particularly significant in the context of financial institutions, where maintaining compliance with regulations like the Bank Secrecy Act (BSA) is essential.

The other options do not accurately capture the essence of an administrative subpoena. A request for voluntary compliance lacks the enforceable nature of a subpoena, making it a significantly weaker mechanism for obtaining information. A notification of a regulatory audit typically informs the subject of the audit rather than compelling information production directly, and a court order for financial information specifically refers to orders issued by a judicial body rather than an administrative agency. Thus, the distinguishing characteristic of an administrative subpoena is its authority to demand compliance and facilitate investigations, aligning perfectly with the understanding that it serves as a demand for document production or witness testimony.

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