DEPOSIT ACCOUNT AGREEMENT
THIS AGREEMENT
The term "Agreement" means this document, the Signature Card, Disclosure of Deposit Account Rates,
Fees, and Charges, Disclosure Statement and Agreement for Electronic Fund Transfer Transactions
and Funds Availability Policy.
This Agreement is the contract between you and us that governs all Personal and Business Accounts. You
agree to its terms by opening an Account. You should read this Agreement carefully and keep a copy for
your records. From time to time we may offer new types of Accounts and may cease offering some types of
Accounts.
INTRODUCTION
As used in this Deposit Account Agreement the terms "we," "us," "our," and similar terms mean the
Financial Institution with which you maintain your Account. "You," "your" and similar terms mean
each person listed on our records as a depositor of the Account.
DEFINITIONS
The following Terms, as used in this Deposit Account Agreement, shall be defined as follows:
"Account" is an Account at a depository institution, including, singularly or collectively, any checking,
certificate of deposit, savings, money market deposit and negotiable order of withdrawal accounts.
"Business Account" is an Account not owned by a natural person (a corporation, partnership, limited
liability company, sole proprietorship, unincorporated association, etc.).
"Business Day" is any day except Saturdays, Sundays, federal holidays and any other day that may
be posted as a holiday.
"Check" is an order for payment of money, drawn on a bank, payable on demand when presented to
the maker's or drawer's bank.
"Checking Account" is an Account upon which Checks and Items are drawn or paid.
"Deposit" means the deposit into an Account of cash, a Check, draft, note, instrument, and/or Item
for collection through customary banking procedures.
"Depositor" is an Account Owner or Account Holder.
"Item" is an order for the payment of money, not including cash, which is either negotiable or nonnegotiable.
"Money Market Account" is an interest bearing Account which permits limited Check writing privileges
and pre-authorized transfers to third parties and other accounts. We reserve the right to require at least
seven days written notice prior to withdrawal or transfer of any funds in the Account.
"NOW Account" is an interest bearing Account upon which negotiable orders of withdrawal can be
charged and we reserve the right to require at least seven days written notice prior to withdrawal
or transfer of any funds in the Account.
"Personal Account" is an Account owned by a natural person for personal, family or household use.
"Savings Account" is an interest bearing Account which the owner is not required by this Agreement
but may at any time be required by us to give written notice of intent to withdraw not less than seven
days before the intended date of withdrawal, and that the Deposit is not payable on a specific date or
specific time after the date of Deposit.
DEPOSITS TO ACCOUNTS
All Deposits you make are subject to proof by us. This means we reserve the right to review the cash,
Checks and Items deposited to confirm the amount of the Deposit and that all Checks and Items are
properly payable. We can correct any errors we find. For example, if you made an error in adding up the
amount of your Deposit, we can correct your Account records to reflect the actual amount deposited. We
can correct errors even if we gave you a receipt for the incorrect amount or already posted the incorrect
amount to your Account. We can supply your endorsement if it is missing from any Check or Item you
deposit but we are not obligated to do so. If a Check or Item was not properly payable, we can decline to
credit your Account for the amount of the Check or Item. You agree to reimburse the Bank for any loss or
expense it incurs because you fail to endorse an Item as it is drawn. If the Bank receives an Item on a
weekend, holiday or after the Bank's cutoff hour on a business day, the Item is deemed to have been
received on the Bank's next business day. The Bank's business days and cutoff hours are posted at the
Bank's offices and are subject to change from time to time at the Bank's discretion.
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DEPOSIT ACCOUNT AGREEMENT
We reserve the right to refuse to accept any Check or Item to be deposited. In particular, we will not
accept deposits of any Checks or Items that cannot be mechanically processed by our check/item
processing hardware and software, or otherwise be processed and paid in accordance with our standard
practices or with standard check/item collection practices of banks in general.
Unless we specifically permit you to do so, you may not deposit any substitute check that has not
previously been handled by a bank in the U.S. collections process. This means you cannot deposit a
substitute check you create, or one that is created by another person, unless we enter into an agreement
with you to do so.
When we credit your Account for a Deposit, the credit is provisional. This means we can revoke the
provisional credit if the Deposit is dishonored or not paid for any reason, even if there is a delay in
returning the Deposit to you or if we are unable to return the Deposit. We can also revoke the
provisional credit for any other reason permitted by law.
Checks or other Items deposited to your Account that are returned unpaid by another financial institution
due to insufficient funds, uncollected funds or any other reason, may, at our discretion, be redeposited
for the purpose of obtaining the funds for your Account. There will be a fee for each such Check/Item
that we redeposit. See the attached schedule of fees for details.
We make the funds you deposit available for withdrawal in accordance with our Funds Availability Policy,
which accompanies this Agreement. Until the funds become available, you cannot withdraw them or
write Checks against them and we can refuse to permit withdrawals or pay Checks if the funds to do so
are not yet available.
WITHDRAWALS, PAYMENT OF CHECKS AND OVERDRAFTS
You may make withdrawals from your Account in any manner that is permitted by us for the type of
Account that you have opened. Federal law requires us to impose special rules limiting withdrawals
from some Accounts. The rules differ depending on the type of Account.
We may debit your Account on the day an Item is presented by electronic or other means, or at an
earlier time based on notification received by us that an Item drawn on your Account has been deposited
for collection in another financial institution.
You agree that when you write a Check, you will not date the Check in the future (a Postdated Check). If a
Postdated Check is presented for payment before the date of the Check, we may pay it or return it unpaid.
You agree that we can pay a Postdated Check and it will be charged to your Account on the date we pay
that Check. We will not be responsible for any loss incurred by you in paying Postdated Checks.
For Accounts on which we have reserved the right to require prior notice of withdrawal, if we exercise that
right we can refuse to allow any withdrawal for which proper notice has not been given. This means, for
example, that we can refuse to pay Checks written against the Account. If we take these actions, we are
not liable to you for wrongful dishonor, for failure to release your funds, or for any other reason.
If we ask, you must provide us with identification or other documents or information acceptable to us in
order to withdraw funds from your Account. If we ask, you also must sign a document acknowledging that
you received the funds withdrawn.
You must use only the forms made available through us, or other forms approved by us, when making
deposits to, withdrawals from, or writing Checks on, your Account. All forms of Checks must be standard
size, bear your name and address, our name and address, and the appropriate routing/transit and Account
numbers, and be capable of being processed by our MICR check/item processing hardware and software.
You agree that if you provide your Account number to a third party in order to charge your Account by means
of one or more demand drafts (i.e., items which do not bear your actual signature, but suggest to be drawn
with your authorization), you authorize us to pay such drafts, even though they do not contain your
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signature and may exceed the amounts you authorized to be charged. This provision shall not obligate
us to honor demand drafts. We can refuse to honor demand drafts without cause or prior notice, even if
we have honored similar items previously.
Checking Accounts and NOW Accounts
Withdrawals by Check are permitted on Checking Accounts and NOW Accounts. We and in our discretion,
pay or decline to pay any Check more than six months old. We can also pay photocopies of Checks
accompanied by a representation that the original was lost or destroyed. We pay Checks or Items from the
funds that we determine, in our discretion, are available for withdrawal from your Account. Some or all of
the funds in your Account may not be available. For example, funds you deposit may not be available
under our Funds Availability Policy until a later date. We will not be liable to you if we dishonor or decline to
pay a Check or Item drawn on or payable from your Account if the Account has insufficient available funds
to pay the Check or Item. We do not have to check the balance in your Account more than once to
determine if there are available funds.
In our discretion, however, we may decide to pay a Check or Item as a service to you even if the Account
on which it was drawn does not contain sufficient available funds. When we do so, the payment may
create an overdraft in your Account. Overdrafts can also result from other circumstances, such as when a
Check deposited to your Account is returned to us unpaid. You agree to pay us the full amount of any
overdraft on your Account immediately upon demand, together with any additional fee we may charge. On
Joint Accounts, each of you is jointly and severally liable for overdrafts. This means we can collect the full
amount of the overdraft, plus any fees, from either of you, even if you did not create the overdraft, or
collect from all of you. The Bank is not required to send you prior written notice on checks returned for
insufficient funds.
If an Item, which includes a check, negotiable order of withdrawal, electronic fund transfers such as
preauthorized payment, merchant converting your check to a one time electronic debit, debit card
transaction, ATM withdrawal or any authorized charge, is presented for payment from your Checking
Account and there is insufficient funds or uncollected balances, we will consider in our sole business
judgment and independent discretion whether or not to pay the Item. If we decide to pay an Item or not
to pay an Item, an insufficient funds charge will be imposed for each Item presented.
In accordance with federal law, we reserve the right to require seven days' prior notice of any transfer
from a NOW Account. Subject to these limitations, you can make an unlimited number of withdrawals
in person or by Check and arrange for pre-authorized transfers and withdrawals.
Additional Information Concerning Demand Deposit Accounts
Your Demand Deposit Account consists of two subaccounts: a checking subaccount and a savings
subaccount. All of the provisions of the Deposit Account Agreement apply to the Account as a
whole without reference to the subaccounts, except as provided in this section.
Periodically, for internal operational reasons, we will transfer funds in the checking subaccount to the
savings subaccount when such funds are not needed to pay Checks, Debits or other Items drawn on your
Account. In determining the amount of funds to be transferred to the savings subaccount, we may
establish a threshold balance in the checking subaccount and transfer any funds in excess to the savings
subaccount. We may also sweep the entire balance into the savings subaccount during the weekend when
no Items will post to your Account. Checks, Debits and other Items will be paid from the balance in the
checking subaccount. If the total amount of Checks, Debits and other Items presented for payment exceeds
the balance in the checking subaccount, sufficient funds will be transferred from the savings subaccount to
the checking subaccount to bring the balance in the checking subaccount back up to the threshold balance.
These transfers to and from the savings account will be the only transactions on the savings subaccount. In
accordance with Regulation D of the Board of Governors of the Federal Reserve System, no more than six
transfers per calendar month will be made from the savings subaccount. If a sixth transfer is made, all funds
in the savings subaccount will be transferred to the checking subaccount for the remainder of the calendar
month. At the end of the month, we will transfer funds in excess of the threshold balance from the checking
subaccount to the savings subaccount and the process will recommence. These transfers will occur solely
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on our books and will not appear on your Account statement and will not affect the fees or features of
your Account. You have no direct access to the savings subaccount, only to your checking account.
Additional Information Concerning Interest Bearing Checking Accounts
Your Interest Bearing Checking Account also called a NOW Account consists of two subaccounts:
an interest bearing checking subaccount and a savings subaccount. All of the provisions of the
Deposit Account Agreement apply to the Account as a whole without reference to the subaccounts,
except as provided in this section.
Periodically, we will transfer funds in the interest bearing checking subaccount to the savings subaccount
when such funds are not needed to pay Checks, Debits or other Items drawn on your Account. In
determining the amount of funds to be transferred to the savings subaccount, we may establish a threshold
balance in the interest bearing checking subaccount and transfer any funds in excess to the savings
subaccount. We may also sweep the entire balance into the savings subaccount during the weekend when
no Items will post to your Account. Checks, Debits and other Items will be paid from the balance in the
interest bearing checking subaccount. If the total amount of Checks, Debits and other Items presented for
payment exceeds the balance in the interest bearing checking subaccount, sufficient funds will be
transferred from the savings subaccount to the interest bearing checking subaccount to bring the balance in
the interest bearing checking subaccount back up to the threshold balance. These transfers to and from the
savings account will be the only transactions on the savings subaccount. In accordance with Regulation D of
the Board of Governors of the Federal Reserve System, no more than six transfers per calendar month will
be made from the savings subaccount. If a sixth transfer is made, all funds in the savings subaccount will be
transferred to the interest bearing checking subaccount for the remainder of the calendar month. At the end
of the month, we will transfer funds in excess of the threshold balance from the interest bearing checking
subaccount to the savings subaccount and the process will recommence. These transfers will occur solely
on our books and will not appear on your Account statement and will not affect the fees or features of your
Account. You have no direct access to the savings subaccount, only to your NOW Account. The interest rate
and annual percentage yield on your Account apply to the combined balance in both subaccounts and a
single annual percentage yield will appear on your periodic statement.
Savings Accounts and Money Market Accounts
Savings Accounts have no check-writing privileges. On Savings Accounts, you may withdraw money in
person at our branches or arrange for pre-authorized transfers and withdrawals. Money Market Accounts
have a limited check-writing privilege.
For the Savings Account, there are no restrictions on the number of withdrawals from the Account
payable directly to you. However, no more than six transfers in any monthly statement cycle may be
made by you to another of your Accounts or to a third party by pre-authorized debit. If you make more
than the allowable transfers per monthly statement cycle, we may either (1) close this Account, (2)
transfer the funds to a NOW Account if you are eligible to hold such account, (3) transfer the funds to
a Checking Account.
We pay Debit Items from the funds that we determine, in our discretion, are available for withdrawal from
your Account. Some or all of the funds in your Account may not be available. For example, funds you
deposit may not be available under our Funds Availability Policy until a later date. We will not be liable to
you if we dishonor or decline to pay a Debit Item drawn on or payable from your Account if the Account has
insufficient available funds to pay the Debit Item. We do not have to check the balance in your Account
more than once to determine if there are available funds.
In our discretion, however, we may decide to pay a Debit Item as a service to you even if the Account on
which it was drawn does not contain sufficient available funds. When we do so, the payment may create an
overdraft in your Account. Overdrafts can also result from other circumstances, such as when a Check
deposited to your Account is returned to us unpaid. You agree to pay us the full amount of any overdraft on
your Account immediately upon demand, together with any additional fee we may charge. On Joint
Accounts, each of you is jointly and severally liable for overdrafts. This means we can collect the full amount
of the overdraft, plus any fees, from either of you, even if you did not create the overdraft, or collect
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from all of you. The Bank is not required to send you prior written notice on Debit Items returned for
insufficient funds.
For a Money Market Account, there are no restrictions on the number of withdrawals you can make from
the Account payable directly to you. However, no more than six transfers in any monthly statement cycle
may be made by you to another of your Accounts or to a third party by means of a pre-authorized debit.
This includes transfers made by Check, draft or debit card or similar order to a third party. If you make
more than the allowable transfers per monthly statement cycle, we may either (1) close this Account, (2)
transfer the funds to a NOW Account if you are eligible to hold such account, (3) transfer the funds to a
Checking Account.
You may make unlimited withdrawals either in person at our branch locations, by mail, messenger,
telephone (with Check mailed directly to you), or by use of an ATM card. Withdrawals may be payable
either directly to you or by transfer of funds from your Savings or Money Market Account to any other of
your Deposit or Loan Accounts with us. Limited transfers include Internet Banking, Voice Response Unit
(VRU) and telephone transfers.
Holiday Time Deposit Accounts
By opening a Holiday Time Deposit Account with us, each owner of the Account is agreeing to make
periodic deposits at regular consecutive intervals (weekly, biweekly, monthly), to keep your funds on
deposit in the Holiday Account until the "Maturity Date." We are not required to allow you to withdraw any
funds in the Holiday Account until the Maturity Date, but if we do, you will be required to pay an "Early
Withdrawal Penalty."
Deposits to your Holiday Account must be made in the form of an automatic transfer from your checking or
statement savings account (provided it is linked to your checking account) with us which will be
designated as the account being "Linked" to your Holiday Account. The Holiday Account must have the
same account ownership as the Linked Account. You agree to maintain a sufficient balance in your
Linked Account to permit transfers to occur in the amount and on the dates as scheduled. In the event
that there are insufficient funds, we will check the Linked Account for a period of seven days in an attempt
to complete the transfer. You must deposit a minimum of $10 to open the Account and agree to continue
to make additional deposits in that same amount, or more at regular intervals (weekly, biweekly, monthly).
If you wish to change the amount of the transfer, you will be required to execute a new account transfer
form. If the Linked Account is closed, the transfer will cease and the balance in your Holiday Account will
be remitted to you via check on the Maturity Date.
Interest begins to accrue on the day of the deposit. Interest will accrue each day your balance is $.01 or
more. Interest for your Holiday Account will be compounded daily and credited on the Maturity Date. If the
Holiday Account is closed prior to the Maturity Date, you will not receive any accrued interest. We use the
daily balance method to calculate the interest on your Account. This method applies a daily periodic rate to
the principal on the Account each day. If you withdraw any principal before the Maturity Date, a penalty
equal to seven days interest plus accrued but unpaid interest may be charged to your Holiday Account.
The total principal balance in your Holiday Account, together with accrued and credited interest, if any, will
be automatically transferred from your Holiday Account to your Linked Account effective on the Maturity
Date. This will reduce the principal balance in your Holiday Account to zero. The Holiday Account is a
perpetual account. Unless you instruct us otherwise, your Holiday Account will remain in existence after
the Maturity Date and your automatic deposits will reactivate.
Certificate of Deposits and Municipal Certificate of Deposits
When you open a Certificate of Deposit, you are agreeing to keep your funds on Deposit with us in that
Account until the maturity date. We are not required to allow you to withdraw any or all of the funds in the
Account until the maturity date. If we do allow a withdrawal, we may require you to withdraw the full balance in
the Account and pay an early withdrawal penalty. Unless the disclosures given when you open a Certificate of
Deposit provide otherwise, you cannot change the terms of this Account or make additional deposits or partial
withdrawals during the term. Municipal Certificates of Deposit in excess of FDIC Deposit Insurance Coverage
are required to be secured by eligible collateral.
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Retirement Accounts
Most of the restrictions on withdrawals described above will apply to Accounts that are Retirement
Accounts. Certain other restrictions will also apply. Refer to the documents governing your Retirement
Accounts for a complete description of these restrictions.
Foreign Items and Items Sent for Collection
A foreign item is a check or other item in any currency (including United States dollars) that is drawn on a
bank or branch of a bank located outside of the United States. A foreign currency is any currency other than
United States dollars. Some foreign items are payable in United States dollars. Some are payable in foreign
currency. You should be cautious about accepting foreign items because foreign items are not subject to
United States laws or regulations.
We may refuse to accept a check or other item for deposit or may accept it on a collection basis only. This
often occurs with foreign, questionable or damaged items. If we accept an item for collection, we will send it to
the institution upon which it is drawn, but will not credit your account for the amount until we receive the funds
from the other institution. If we elect to credit your account before then, we may charge the amount back
against your account at any time (sometimes months later) if we do not receive payment for any reason. You
will be responsible for the item and you may incur a loss.
In addition, we may impose a fee in connection with sending and receiving items for collection (e.g., by
charging your account or deducting the fee from the amount remitted). Other institutions that send or
receive items for collection involving your account also may impose a fee for their services.
Our Funds Availability Policy does not apply to any foreign item, whether we accept for deposit or accept it
on a collection basis.
STOPPING PAYMENT
You can ask us to stop payment on a Check or Item drawn on your Account. In order to place a stop
payment request, you must inform us of the exact amount of the Item, the number of the Check, the date of
the Check, the Account number and any other information we may request. You must review the specific
details on the stop payment receipt for accuracy, and call the bank immediately if any of the information is
not accurate. A stop payment order given by telephone is effective for 14 days. During the 14 day period, you
must provide us with a written stop payment order if the stop payment order is to continue to be effective. A
stop payment request is effective for only six (6) months, unless you renew it. We are not liable for payment
of a Check or Item if a stop payment request has expired and not been renewed.
We are not liable for failing to stop payment if you have not given us sufficient information or if your stop
payment request comes too late for us to act on it. We are entitled to a reasonable period of time after we
receive your stop payment request to notify our employees and take other action needed to stop payment.
You agree that "reasonable time" depends on the circumstances but that we will have acted within a
reasonable time if we make your stop payment request effective by the end of the next Business Day
following the Business Day on which we receive your stop payment request. If we stop payment, you
agree to defend and pay any claims raised against us as a result of our refusal to pay the Check or Item
on which you stopped payment.
If we re-credit your Account after we have paid a Check or Item over a valid and timely stop order, you
agree to sign a statement describing the dispute you have with the person to whom the Check or Item
was made payable. You also agree to transfer to us all of your rights against the payee and any other
holder, endorser or prior transferee of the Check or Item and to cooperate with us in any legal action
taken to collect against the other person(s). If we are liable for inadvertently paying your Check over a
stop payment order, you must establish the amount of your loss caused by our payment of the Check.
We will pay you only the amount of the loss, up to the face amount of the Check.
Please refer to the Electronic Fund Transfers Transactions Agreement for instructions regarding stop
payment on any electronic fund transfers.
Stop payment orders on official checks or money orders are restricted.
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FEES AND CHARGES
Please refer to the Disclosure of Deposit Account Rates, Fees, and Charges ("Disclosure") for a listing of
fees and charges applicable to your Account. Additionally, we will charge you for other banking services or
products according to a fee schedule available at any branch office.
INTEREST AND BALANCE METHODS
If your Account earns interest, the following information applies: (a) Payment of Interest. We will pay
interest at the annual rate specified in the Disclosure of Deposit Account Rates, Fees, and Charges
("Disclosure"), which does not reflect compounding ("Interest Rate"). The Disclosure also sets forth the
frequency of interest payments, the frequency of any compounding and crediting, the interest accrual
basis, the balance on which interest will be paid, and any minimum balance requirements. (b) Minimum
Balance Requirements. The Disclosure may specify a minimum balance that you are required to
maintain in your Account. If the minimum balance is not maintained during a specified period, we, at our
option, may not pay interest on your Account and/or may charge a fee for that period. You should review
any minimum balance requirements on the Disclosure. (c) Initial Interest Rate. The Initial Interest Rate
is the current annual rate of interest that we will pay on the specified balance in your Account. We may
pay interest at different rates, depending on the amount deposited and the type of Depositor (individual,
business, nonprofit organization, etc.). (d) Interest Compounding and Crediting. The Disclosure will
indicate the interest compounding and crediting frequency for your Account (if any). Compounding
generally means that interest is being accrued on earned interest. Interest may be compounded more
frequently than interest is credited to your Account. (e) Interest Accrual. We may accrue interest on your
Account more frequently than we pay or credit interest. The interest that has been calculated, but not
paid to the Account, is called Accrued Unpaid Interest. (f) Changes. We have the right to change the
rates and fees in accordance with the terms of the Disclosure. We also reserve the right to change any
other term of this Agreement at our sole discretion.
Balance methods used to accrue interest may be either the "Average Daily Balance" method, which is the
application of a periodic rate to the average daily balance in the Account for the period, determined by
adding the full amount of principal in the Account for each day of the period and dividing that figure by the
number of days in the period, or the "Daily Balance" method, which is the application of a daily periodic
rate to the full amount of principal in the Account each day. Refer to the Disclosure for the method of
computation on your specific Account.
ACCOUNT OWNERSHIP
Based on the type of Account ownership you designated, the following terms and conditions apply:
Individual Accounts
An Individual Account is an Account in the name of one Depositor only. Only that person may write
Checks against the Account or withdraw money, regardless of who actually owns the funds.
Single Party Account with Convenience Signer
[ ] If the box opposite is checked, this individual account has a convenient signer attached. This authorized
signer has the authority to withdraw money from the account during the owner’s lifetime. The bank may
release all funds in the account or honor checks or orders drawn by or withdrawal requests from the
authorized signatory until his or her authority is revoked by the owner and the bank is notified of the
revocation.
Joint Personal Accounts.
[ ] If the box opposite is checked, this Joint Account will be considered by us to be a joint tenancy with a
right of survivorship, which means that upon the death of any account holder, any balance remaining in the
Account shall become the absolute property of the surviving account holder(s).
[ ] If the box opposite is checked, this Joint Account will not be considered by us to have a right of
survivorship, so that, upon the death or incompetence of any account holder, or upon the assignment of an
account holder's interest in the Account to a third party, the Account will be held as the property of the
account holders as tenants in common, and the proceeds in the Account, when requested to be
withdrawn, will be disbursed according to each account holder(s) proportionate ownership interest.
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Youth Savings Accounts
Youth Savings Accounts are available only to minors between the ages of five (5) and seventeen (17)
inclusive. To maintain the Account under individual ownership, you must be able to sign your name.
The ability to sign your name will be determined by the Bank at the time of Account opening. The Youth
Savings Account is available as a statement savings account only. After the minor obtains the age of
17 the account must be converted to a statement savings account.
Payable on Death Account
A Payable on Death (POD) Account is an Account payable to the Account Owner during his or her lifetime.
POD Accounts permit you to designate one or more beneficiaries to receive the funds on deposit in an
Account after your death. Until your death the beneficiary has no present or vested interest in the Account.
You may withdraw money from the Account and may, by written direction, change beneficiaries at any
time. The beneficiary's right to receive the funds in the Account after your death is subject to our right of
set-off and to the rights of any person (including us) that holds a security interest in or has any claim to the
funds in your Account. On joint POD Accounts, the beneficiary's right to receive the deceased owner's
share is subordinate to the surviving owner's rights and the beneficiary will not receive any funds unless all
Account owners are deceased.
Trust and Custody Accounts
Trust Accounts and Custody Accounts are fiduciary Accounts in which funds are held by a trustee or
custodian for the benefit of another person. We offer a variety of these types of Accounts where
permitted by applicable law.
Formal Trust Account
A Formal Trust Account is an Account held by one or more trustees for the benefit of one or more
beneficiaries according to a written trust agreement. Upon our request, the trustee(s) will supply to us
a copy of any trust agreement covering the Account. We act only as custodian of the trust funds and
are under no obligation to act as a trustee or to inquire as to the powers or duties of the trustee(s).
Uniform Gifts to Minors and Uniform Transfer to Minors ("Act")
Under the Act, any adult may place money in an Account as a gift to a person who is a minor (generally
under the age of eighteen years). An adult must be named as custodian of the Account. The custodian
has possession and control of the Account, but the minor to whom the gift is made, is the owner and
beneficiary of the Account. When the minor comes of age, the Account is ended, and the custodian
must turn over the balance in the Account to the beneficiary.
If the minor dies before coming of age, the Account is ended, and the money in the Account is paid to the
minor's estate. Once a gift under the Act is made, it cannot be revoked.
With all Trust and Custody Accounts, the owners and beneficiaries of the Account agree that we will not
be liable if the trustee or custodian commits a breach of trust or breach of fiduciary duty, or fails to comply
with the terms of a written trust agreement or comply with applicable law. We are not responsible for
enforcing the terms of any written trust agreement or applicable law against the trustee or custodian and
can rely on the genuineness of any document delivered to us, and the truthfulness of any statement made
to us, by a trustee or custodian.
Business Accounts
If the Account is not owned by a natural person (a corporation, partnership, limited liability company, sole
proprietorship, unincorporated association, etc.), then the Account Holder must provide us with evidence
to our satisfaction of the authority of the individuals who sign the Signature Card to act on behalf of the
Account Holder.
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POWER OF ATTORNEY
If you appoint an attorney-in-fact (someone else to whom you give the authority to make Deposits to or
withdrawals from your Account), we will honor that person's instructions as we would your own. In a Joint
Account, the consent and signatures of all Account owners are required in order to appoint an attorney-infact. All owners of the Account will be bound by anything the attorney-in-fact does in connection with the
Account. The power of attorney will remain effective until the bank receives written notice that it has been
terminated. Unless otherwise stated in the document granting the power of attorney, the power will also
be terminated automatically upon the death or notice to us of the incapacity of the attorney-in-fact or of all
Account owners who have appointed him or her.
ACCOUNT TERMINATION
We reserve the right to close any or all of your Accounts at any time for any reason whatsoever, including,
for example, because you have an excessive number or amount of overdrafts or your Account is
overdrawn for more than 10 days. When a checking account maintains a zero balance for a period of
seven consecutive days, the account will automatically close. Subject to our right to require prior notice of
withdrawal on some Accounts as described above, you may close any or all of your Checking Accounts or
Savings Accounts at any time for any reason whatsoever.
If an Account is closed, you remain liable for all fees and charges incurred through the date the Account
is closed. You also remain liable for all Checks and electronic fund transfers drawn on the Account that
have not been presented to us for payment and deducted from the Account prior to the time the Account
is closed. We are not required to pay you interest that has accrued, but not been credited, if you close
your Account prior to the interest crediting date.
INACTIVE/ABANDONED ACCOUNTS
Inactive Accounts. If there has been no activity in the Account for a set period of time, we will regard it as
an inactive Account and may assess service charges for maintaining it. The Disclosure will provide you
with a time period by which we consider the Account to be inactive as well as service charges that will be
applied. If the Account is interest bearing then interest will continue to accrue.
Abandoned Accounts. Under state law, an Account will be considered abandoned if there has been no
activity for a certain amount of time (i.e., no Deposits or withdrawals on the Account) and we have
received no written notice that you or anyone entitled to the funds in the Account knows about it. If
your Account is considered abandoned, the funds will be turned over to the appropriate state official.
OUR RIGHT OF SET-OFF
We reserve the right to withdraw at any time some or all of the funds that may now or later be on Deposit
in any or all of your Accounts and apply them to the payment of any debts you may now or later owe us.
We have this right even if the Account(s) we withdraw money from is a Joint Account and the debt we
apply it to is owed by only one of you. Likewise, we could withdraw money from an Account owned by only
one person and apply it to reduce the joint debt of that person and another person. Our rights under this
section are in addition to any right of set-off we may have under applicable law. You agree that our right of
set-off is not conditioned on, or limited by, the availability of any collateral securing the debt.
We also have the right to place a hold on funds in your Accounts if we have a claim against you or
pending exercise of our right of set-off. If we place a hold on your Account, you may not withdraw
funds from the Account and we can refuse to pay Checks drawn on the Account.
SIGNATURE CARDS AND RESOLUTION
We are entitled to rely upon and treat as genuine, the names, titles and signatures shown on any Account
Signature Card delivered by you or your officers, employees or agents on your behalf, unless you notify us
otherwise in writing. If we require you to deliver certified copies of resolutions or sign our depository
resolutions to open an Account, we are entitled to rely upon such resolutions and certifications, without
investigation by us, unless you or your authorized representative notify us otherwise in writing.
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DEPOSIT ACCOUNT AGREEMENT
You agree we can pay Checks drawn on your Account and made payable to any of your officers,
partners, employees or agents and we may cash and pay such Checks without inquiring about the
authority of the payee or person who signed the Check on your behalf. Accounts requiring more than one
signature may have limited services available.
DEATH/INCOMPETENCE
Your death, or a declaration (by a court of competent jurisdiction) that you are legally incompetent to
handle your affairs, does not end our authority to pay Checks or certify Checks signed by you, to accept
deposits or to collect Items deposited until we receive written notice of your death or declared
incompetence. Even after we receive notice, we can pay Checks or Items drawn by you before your
death or declared incompetence for up to 10 days.
On Joint Accounts, your death or declared incompetence does not affect the rights of any other owner of
the Account to make Deposits, make withdrawals, or if applicable, write Checks. We may require the
surviving owners and any Payable on Death ("POD") beneficiary to provide reasonable proof of your death
or incompetence and, in some states, provide any tax releases or other documents or consents needed
from government authorities before we pay any Checks drawn on your Joint Account or allow the surviving
owners or your beneficiary to withdraw any funds from the Account. Each of you is responsible for
notifying us when any joint owner of an Account dies.
Checks or Items made payable to a deceased Joint account holder (i.e. Social Security Checks or electronic
deposits) must be returned to the issuer and may not be used, cashed or disposed of in any other way by
the surviving account holders. If such Items are used, cashed or disposed of by any one or all of the
surviving account holders each account holder remains liable for the amount of the Item and any charges
incurred as a result of the improper use of the Item. In our discretion, we can charge your Account for the
amount of these Items and remit payment to the issuer of the Item.
CHECK SAFEKEEPING
Any account titled "Safekeeping" is a check safekeeping account and will not receive checks back in the
monthly statement. You are entitled to copies of checks upon request. You may receive three copies
per statement cycle at no charge. Any requests for copies of checks in excess of three per month will be
assessed a fee for each new item. (Please refer to the Disclosure of Deposit Account Rates, Fees and
Charges for a listing of fees and charges applicable to your Account).
ACCOUNT STATEMENTS/REPORTING FORGERIES AND ERRORS
You should review and balance your Account statements promptly after you receive them or, if we are
holding them for you, promptly after we make them available to you. If you don't receive an Account
statement by the date when you usually receive it, call us at once. You must review your statements to
make sure that there are no errors in the Account information.
If we are holding your Account statements for you at your request, the statements become available on the
day they are available for you to pick up. This means, for example, that the period in which you must
report any problem with an Account begins on the day we make the statement available, even if you do
not pick up the statement until later.
If you feel that there is an error on the statement or that some unauthorized person has withdrawn funds
from your Account, the Bank should be notified immediately. The statement is considered correct unless you
notify the Bank promptly after any error is discovered. Moreover, because you are in the best position to
discover an unauthorized signature, an unauthorized endorsement or a material alteration, you agree that
the Bank will not be liable for paying such Items if (1) you did not exercise reasonable care in examining the
statement and cancelled checks, if applicable, or you have not reported forgeries or alterations within 60
days of the statement mailing date of the earliest statement containing these Items; or (2) these Items were
forged or altered so cleverly (as by unauthorized use of a facsimile machine or otherwise) that the forgery or
alteration could not be detected by a reasonable person.
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DEPOSIT ACCOUNT AGREEMENT
If we truncate your Checks, you understand that your original Checks will not be returned to you with
your statement. You agree that our retention of Checks does not alter or waive your responsibility to
examine your statements or change the time limits for notifying us of any errors.
OTHER GENERAL TERMS AND CONDITIONS
You agree we may waive, in our sole discretion, any fee, charge, term or condition set forth in this
Agreement at any time, on a one-time basis or for any period or duration, without changing the terms of
this Agreement or your obligation to be bound by this Agreement, and we will not be obligated to
provide similar waivers in the future or waive our rights to enforce the terms of this Agreement.
ADVERSE CLAIMS/LEGAL PROCESS
We need not honor any claim against or involving an Account unless we are required to do so by order of
a court or governmental agency that has jurisdiction over us. This rule applies to any person asserting any
rights or interest regarding an Account, including you and other persons who are authorized to make
withdrawals or write Checks or who present a power of attorney signed by you.
We may suspend transactions on any Account which we believe to be affected until final determination of
the claim or proceeding. We may place a hold on any funds in the Account and suspend transactions
whether the affected Account is in your name alone or is a Joint Account. An Account may be suspended
even though the suspension may have been due to inadvertence, error because of similarity of the names of
Depositors, or other mistake. We also may act upon any notice of garnishment, levy, restraining order,
injunction, subpoena or other legal process we reasonably believe to be valid, without independent
verification by us. You agree that we are not liable for any damages or losses (including claims based on the
return or dishonor of Checks or Items) to you caused by the suspension of your Account or action taken in
response to legal process, as long as we acted in good faith.
WAIVER OF NOTICES
We send periodic statements to you on most Checking Accounts and Savings Accounts to show activity on
your Account, including any returned Items or other credit and debit entries. You agree that these
statements are sufficient notice to you.
NOTICES/ADDRESSES
You agree that if we need to contact you or send you any written information (such as notices, Account
statements or Checks payable to you), we can do so by mail addressed to any of you at the address in our
records. Notice to any one owner of an Account is notice to all Account owners. Any notices we send you
are effective when mailed to your address, unless the notice states another effective date. You must notify
us promptly in writing if you change your address.
DELAY IN ENFORCEMENT
We reserve the right to change the terms of this Agreement or change the terms of your Account at any
time. We will give you such notice of the change as we determine is appropriate, such as by statement
message or enclosure, letter, or as posted in the branch, and as required under applicable law. Where
applicable law permits, we can notify you of the changes by posting a new version of this Agreement or a
notice of change to Accounts, in our branches.
We may decide not to enforce this Agreement or delay enforcing it in some circumstances or at some
times. If we do so, you agree that we can still enforce this Agreement in the same circumstances at
another time, in other circumstances or at other times. If any provision of this Agreement is declared by a
court to be invalid or unenforceable, the remaining provisions of this Agreement shall be enforced and
construed as if the invalid provisions were not contained in this Agreement.
GOVERNING LAW
This Agreement and all Accounts shall be governed by and construed in accordance with all
applicable federal laws and all applicable substantive laws of the state in which you have opened the
Account. In addition, we are subject to certain federal and state regulations including regulations of the
Board of Governors of the Federal Reserve System, the Office of the Comptroller of the Currency and
the Consumer Financial Protection Bureau, which may now or later be in effect.
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DEPOSIT ACCOUNT AGREEMENT
CREDIT REPORTS
You authorize us to obtain information about you, including a credit report, from third parties. If you ask,
you will be told whether a credit report was requested and, if so, the name and address of the credit
reporting agency that furnished the report. We may request subsequent consumer reports to update
our file or to decide whether to continue any Account relationship with you.
DISCLOSURE OF ACCOUNT INFORMATION
Information about your Account is confidential. We will not disclose information to third parties except: (1)
when necessary to complete a transaction involving you or your Account; (2) in order to verify or report
the existence and condition of your Account to a credit bureau or similar agency which collects and
maintains information on Accounts; (3) in order to comply with government agency regulations or court
orders; (4) to our employees, auditors, service providers, attorneys or collection agents in the course of
their duties; (5) when you have given your permission; or (6) if it involves a claim by or against us on an
Item deposited or drawn against your Account.
LOST CERTIFICATE OF DEPOSIT
You must present the certificate to us in order to make a withdrawal. If the certificate is missing, you must
immediately notify us in writing. You must also give us an acknowledged statement that the certificate has
been lost, stolen, or destroyed. At our option, we may require that you give us an insurance bond or your
personal promise to repay us in the event that we suffer any loss caused by the disappearance of the
certificate. If these conditions have been met, we will issue you a duplicate certificate.
FDIC INSURANCE
Accounts are insured up to the maximum amount allowed by the Federal Deposit Insurance Corporation.
MEMBER FDIC
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