Please read
this form completely and "Accept" or
"Decline" below.
This Agreement covers your and our rights and responsibilities
concerning Accounts the Credit Union (Credit Union) offers.
In this Agreement, the words
"you" and "yours" mean anyone who signs
an Account Card or Account Change Card (Account Card). The
words "we," "us," and "our" mean
the Credit Union. The word "account" means any one
or more share or other accounts you have with the Credit Union.
Your account type(s) and ownership features are designated
on your Account Card. By signing an Account Card, each of you,
jointly and severally, agree to the terms and conditions in
this Agreement and Account Card, the Funds Availability Policy
Disclosure, Truth-in-Savings Rate and Fee Schedule (Rate and
Fee Schedule), and any Account Receipt accompanying this Agreement,
and the Credit Union's Bylaws and policies, and any amendments
to these documents from time to time which collectively govern
your Membership and Accounts.
1. Membership Eligibility. To join the Credit Union you must
meet the membership requirements including purchase and maintenance
of at least one (1) share ("membership share") as
set forth in the Credit Union's Bylaws. You authorize us to
check your account, credit, and employment history, and obtain
reports from third parties, including credit reporting agencies,
to verify your eligibility for the accounts and services you
request.
2. Single Party Accounts. A single party account is an account
owned by one member (individual, corporation, partnership,
trust or other organization) qualified for credit union membership.
If the account owner dies, the interest passes, subject to
applicable law, to the decedent's estate or Payable on Death
(POD) beneficiary/payee or trust beneficiary, subject to other
provisions of this Agreement governing our protection for honoring
transfer and withdrawal requests of an owner or owner's agent
prior to notice of an owner's death.
3. Multiple Party Accounts. An account owned by two or more
persons is a multiple party account.
a. Marital Accounts. A Marital Account is a multiple party
account held by a married couple without the right of survivorship.
Either party may designate a POD beneficiary to receive that
party's interest when that party dies. On the death of either
party, fifty percent (50%) of the account balance is owned
by the survivor. The remaining fifty percent (50%) is owned
either by the estate of the decedent or by any surviving POD
beneficiaries.
b. Rights of Survivorship. Unless otherwise stated on the Account
Card, a multiple party account includes rights of survivorship.
This means when one owner dies, all sums in the account will
pass to the surviving owner(s). For a multiple party account
without rights of survivorship, the deceased owner's interest
passes to his or her estate. A surviving owner's interest is
subject to the Credit Union's statutory lien for the deceased
owner's obligations, and to any security interest or pledge
granted by a deceased owner, even if a surviving owner did
not consent to it.
c. Control of Multiple Party Accounts. Any owner is authorized
and deemed to act for any other owner(s) and may instruct us
regarding transactions and other account matters. Each owner
guarantees the signature of any other owner(s). Any owner may
withdraw all funds, stop payment on items, transfer, or pledge
to us all or any part of the shares without the consent of
the other owner(s). We have no duty to notify any owner(s)
about any transaction. We reserve the right to require written
consent of all owners for any change to or termination of an
account. If we receive written notice of a dispute between
owners or inconsistent instructions from them, we may suspend
or terminate the account and require a court order or written
consent from all owners to act.
d. Multiple Party Account Owner Liability. If a deposited item
in a multiple party account is returned unpaid, an account
is overdrawn, or if we do not receive final payment on a transaction,
the owners, jointly and severally, are liable to us for the
amount of the returned item, overdraft, or unpaid amount and
any charges, regardless of who initiated or benefited from
the transaction. If any account owner is indebted to us, we
may enforce our rights against any account of an owner or all
funds in the multiple party account regardless of who contributed
them.
4. POD/Trust Account Designations. A Payable on Death (POD)
account or trust account designation is an instruction to the
Credit Union that a single or multiple party account so designated
is payable to the owner(s) during his, her or their lifetimes
and, when the last account owner dies, payable to any named
and surviving POD or trust beneficiary/payee. Accounts payable
to more than one surviving beneficiary/payee are owned jointly
by such beneficiaries/payees without rights of survivorship.
Any POD or trust beneficiary/payee designation shall not apply
to Individual Retirement Accounts (IRAs) which are governed
by a separate beneficiary/payee designation. We are not obligated
to notify any beneficiary/payee of the existence of any account
or the vesting of the beneficiary/payee's interest in any account,
except as otherwise provided by law.
5. Accounts for Minors. We may require any account established
by a minor to be a multiple party account with an owner who
has reached the age of majority under state law and who shall
be jointly and severally liable to us for any returned item,
overdraft, or unpaid charges or amounts on such account. We
may pay funds directly to the minor without regard to his or
her minority. Unless a guardian or parent is an account owner,
the guardian or parent shall not have any account access rights.
We have no duty to inquire about the use or purpose of any
transaction. We will not change the account status when the
minor reaches the age of majority, unless authorized in writing
by all account owners.
6. Uniform Transfers/Gifts to Minors Account. A Uniform Transfers/Gifts
to Minors Account (UTTMA/UGMA) is an individual account created
by a custodian who deposits funds as an irrevocable gift to
a minor. The minor to whom the gift is made is the beneficiary
of the custodial property in the account. The custodian has
possession and control of the account for the exclusive right
and benefit of the minor and barring a court order otherwise,
is the only party entitled to make deposits, withdrawals, or
close the account. We have no duty to inquire about the use
or purpose of any transaction. If the custodian dies, we may
suspend the account, until we receive instructions from any
person authorized by law to withdraw funds or a court order
authorizing withdrawal.
7. Agency Designation on an Account. An agency designation
on an account is an instruction to us that the owner authorizes
another person to make transactions as agent for the account
owner regarding the accounts designated. An agent has no ownership
interest in the account(s) or Credit Union voting rights. We
have no duty to inquire about the use or purpose of any transaction
made by the agent.
8. Deposit of Funds Requirements. Funds may be deposited to
any account, in any manner approved by the Credit Union in
accordance with the requirements set forth on the Rate and
Fee Schedule.
a. Endorsements. We may accept transfers, checks, drafts, and
other items for deposit into any of your accounts if they are
made payable to, or to the order of, one or more account owners
even if they are not endorsed by all payees. You authorize
us to supply missing endorsements of any owners if we choose.
If a check, draft or item that is payable to two or more persons
is ambiguous as to whether it is payable to either or both,
we may process the check, draft or item as though it is payable
to either person. If an insurance, government, or other check
or draft requires an endorsement as set forth on the back of
the check or draft, we may require endorsement as set forth
on the item. Endorsements must be made on the back of the share
draft or check within 1½
inches from the top edge, although we may accept endorsements
outside this space. However, any loss we incur from a delay
or processing error resulting from an irregular endorsement
or other markings by you or any prior endorser will be your
responsibility.
b. Collection of Items. We act only as your agent and we are
not responsible for handling items for deposit or collection
beyond the exercise of ordinary care. Deposits made by mail
or at unstaffed facilities are not our responsibility until
we receive them. We are not liable for the negligence of any
correspondent or for loss in transit, and each correspondent
will only be liable for its own negligence. We may send any
item for collection. Items drawn on an institution located
outside the United States are handled on a collection basis
only. You waive any notice of nonpayment, dishonor, or protest
regarding items we purchase or receive for credit or collection
to your account.
c. Final Payment. All items or Automated Clearing House (ACH)
transfers credited to your account are provisional until we
receive final payment. If final payment is not received, we
may charge your account for the amount of such items or ACH
transfers and impose a return item charge on your account.
Any collection fees we incur may be charged to your account.
We reserve the right to refuse or return any item or funds
transfer.
d. Direct Deposits. We may offer preauthorized deposits (e.g.,
payroll checks, Social Security or retirement checks, or other
government checks) or preauthorized transfers from other accounts.
You must authorize each direct deposit or preauthorized transfer
by filling out a separate form. You must notify us at least
thirty (30) days in advance to cancel or change a direct deposit
or transfer option. Upon a bankruptcy filing, unless you cancel
an authorization we will continue making direct deposits in
accordance with your authorization on file with us. If we are
required to reimburse the U.S. Government for any benefit payment
directly deposited into your account, we may deduct the amount
returned from any of your accounts, unless prohibited by law.
e. Crediting of Deposits. Deposits made after the deposit cutoff
time and deposits made on either holidays or days that are
not our business days will be credited to your account on the
next business day.
9. Account Access.
a. Authorized Signature. Your signature on the Account Card
authorizes your account access. We will not be liable for refusing
to honor any item or instruction if we believe the signature
is not genuine. If you have authorized the use of a facsimile
signature, we may honor any draft that appears to bear your
facsimile signature even if it was made by an unauthorized
person. You authorize us to honor transactions initiated by
a third person to whom you have given your account number even
if you do not authorize a particular transaction.
b. Access Options. You may withdraw or transfer funds from
your account(s) in any manner we permit (e.g., at an automated
teller machine, in person, by mail, automatic transfer, or
telephone, as applicable). We may return as unpaid any draft
drawn on a form we do not provide, and you are responsible
for any loss we incur handling such a draft. We have the right
to review and approve any form of power of attorney and may
restrict account withdrawals or transfers. We are under no
obligation to honor any power of attorney.
c. ACH & Wire Transfers. If we provide the service, you
may initiate or receive credits or debits to your account through
wire or ACH transfer. You agree that if you receive funds by
a wire or ACH transfer, we are not required to notify you at
the time the funds are received. Instead, the transfer will
be shown on your periodic statement. We may provisionally credit
your account for an ACH transfer before we receive final settlement.
We may reverse the provisional credit or you will refund us
the amount if we do not receive final settlement. When you
initiate a wire transfer, you may identify either the recipient
or any financial institution by name and by account or identifying
number. The Credit Union (and other institutions) may rely
on the account or other identifying number as the proper identification
even if it identifies a different party or institution.
d. Credit Union Examination. We may disregard information on
any draft or check, other than the signature of the drawer,
the amount and any magnetic encoding. You agree we do not fail
to exercise ordinary care in paying an item solely because
our procedures do not provide for sight examination of items.
10. Account Rates and Fees. We pay account earnings and assess
fees against your account as set forth in the Rate and Fee
Schedule. We may change the Rate and Fee Schedule at any time
and will notify you as required by law.
11. Transaction Limitations.
a. Withdrawal Restrictions. We permit withdrawals only if your
account has sufficient available funds to cover the full amount
of the withdrawal or you have an established overdraft protection
plan. Drafts or other transfer or payment orders which are
drawn against insufficient funds may be subject to a service
charge set forth in the Rate and Fee Schedule. If there are
sufficient funds to cover some, but not all, of your withdrawal,
we may allow those withdrawals for which there are sufficient
funds in any order at our discretion.
We may refuse to allow a withdrawal in some situations, and
will advise you accordingly; for example: (1) a dispute between
account owners (unless a court has ordered the Credit Union
to allow the withdrawal); (2) a legal garnishment or attachment
is served; (3) the account secures any obligation to us; (4)
required documentation has not been presented; (5) you fail
to repay a Credit Union loan on time. We may require you to
give written notice of seven (7) days to sixty (60) days before
any intended withdrawals.
b. Transfer Limitations. For share savings and money market
accounts, if applicable, you may make up to six (6) preauthorized,
automatic, telephonic, or audio response transfers to another
account of yours or to a third party during any calendar month.
Of these six, you may make no more than three (3) transfers
to a third party by check or debit card. A preauthorized transfer
includes any arrangement with us to pay a third party from
your account upon oral or written orders including orders received
through the automated clearing house (ACH). You may make unlimited
transfers to any of your accounts or to any Credit Union loan
account and may make withdrawals in person, by mail, or at
an ATM. However, we may refuse or reverse a transfer that exceeds
these limitations and may assess fees against, suspend or close
your account.
12. Certificate Accounts. Any time deposit, term share, share
certificate, or certificate of deposit account allowed by state
law (Certificate Account), whichever we offer, is subject to
the terms of this Agreement, the Rate and Fee Schedule and
Account Deposit Receipt for each account the terms of which
are incorporated herein by reference.
13. Overdrafts.
a. Overdraft Liability. If on any day, the funds in your share
account are not sufficient to cover drafts, fees or other items
posted to your account, those amounts will be handled in accordance
with our overdraft procedures or an overdraft protection plan
you have with us. The Credit Union's determination of an insufficient
account balance may be made at any time between presentation
and the Credit Union's midnight deadline with only one review
of the account required. We do not have to notify you if your
account does not have funds to cover drafts, fees or other
posted items. Whether the item is paid or returned, your account
may be subject to a charge as set forth in the Rate and Fee
Schedule. Except as otherwise agreed in writing, we, by covering
one or any overdraft, do not agree to cover overdrafts in the
future and may discontinue covering overdrafts at any time
without notice. If we pay a draft or impose a fee that would
otherwise overdraw your account, you agree to pay the overdrawn
amount immediately. We reserve the right to pursue collection
of previously dishonored items at any time, including giving
a payor bank extra time beyond any midnight deadline limits.
b. Overdraft Protection Plan. If we have approved an overdraft
protection plan for your account, we will honor drafts drawn
on insufficient funds by transferring funds from another account
under this Agreement or a loan account, as you have directed,
or as required under the Credit Union's overdraft protection
policy. The fee for overdraft transfers, if any, is set forth
on the Rate and Fee Schedule. This Agreement governs all transfers,
except those governed by agreements for loan accounts.
14. Postdated and Staledated Drafts. We may pay any draft without
regard to its date unless you notify us of a postdating. The
notice must be given to us in time so that we can notify our
employees and reasonably act upon the notice and must accurately
describe the draft, including the exact number, date, and amount.
You understand that the exact information is necessary for
the Credit Union's computer to identify the draft. We are not
responsible if you give us an incorrect or incomplete description,
or untimely notice. You may make an oral notice which lapses
in fourteen (14) calendar days unless confirmed in writing.
A written notice is effective for six (6) months and may be
renewed in writing from time to time. You agree not to deposit
checks, drafts, or other items before they are properly payable.
We are not obligated to pay any check or draft drawn on your
account which is presented more than six (6) months past its
date.
15. Stop Payment Orders.
a. Stop Payment Order Request. You may request a stop payment
order on any draft drawn on your account. To be binding an
order must be dated, signed, and describe the account and draft
number and the exact amount. The stop payment will be effective
if the Credit Union receives the order in time for the Credit
Union to act upon the order and you state the number of the
account, number of the draft, and its exact amount. You understand
that the exact information is necessary for the Credit Union's
computer to identify the draft. If you give us incorrect or
incomplete information, we will not be responsible for failing
to stop payment on the draft. If the stop payment order is
not received in time for us to act upon the order, we will
not be liable to you or to any other party for payment of the
draft. If we recredit your account after paying a draft over
a valid and timely stop payment order, you agree to sign a
statement describing the dispute with the payee, to transfer
to us all of your rights against the payee or other holders
of the draft and to assist us in any legal action.
b. Duration of Order. You may make an oral stop payment order
which will lapse within fourteen (14) calendar days unless
confirmed in writing within that time. A written stop payment
order is effective for six (6) months and may be renewed in
writing from time to time. We do not have to notify you when
a stop payment order expires.
c. Liability. Fees for stop payment orders are set forth on
the Rate and Fee Schedule. You may not stop payment on any
certified check, cashier's check, teller's check, or any other
check, draft, or payment guaranteed by us. Although payment
of an item may be stopped, you may remain liable to any item
holder, including us. You agree to indemnify and hold the Credit
Union harmless from all costs, including attorney's fees, damages
or claims related to our refusing payment of an item, including
claims of any multiple party account owner, payee, or indorsee
in failing to stop payment of an item as a result of incorrect
information provided by you.
16. Credit Union Liability. If we do not properly complete
a transaction according to this Agreement, we will be liable
for your losses or damages not to exceed the amount of the
transaction, except as otherwise provided by law. We will not
be liable if: (1) your account contains insufficient funds
for the transaction; (2) circumstances beyond our control prevent
the transaction; (3) your loss is caused by your or another
financial institution's negligence; or (4) your account funds
are subject to legal process or other claim. We will not be
liable for consequential damages, except liability for wrongful
dishonor. We exercise ordinary care if our actions or nonactions
are consistent with applicable state law, federal reserve regulations
and operating letters, clearinghouse rules, and general banking
practices followed in the area we serve. You grant us the right,
in making payments of deposited funds, to rely exclusively
on the form of the account and the terms of this Account Agreement.
Any conflict between what you or our employees may say or write
will be resolved by reference to this Agreement.
17. Credit Union Lien and Security Interest. If you owe us
money as a borrower, guarantor, endorser or otherwise, we have
a statutory lien on the account funds in any account in which
you have an ownership interest, regardless of their source,
unless prohibited by law. We may apply these funds, without
further notice to you, in any order to pay off your indebtedness.
By not enforcing a lien, we do not waive our right to enforce
it later. In addition, you grant the Credit Union a consensual
security interest in your accounts and we may use the funds
from your accounts to pay any debt or amount now or hereafter
owed the Credit Union, except for obligations secured by your
residence, unless prohibited by applicable law. All accounts
are nonassignable and nontransferable to third parties.
18. Legal Process. If any legal action is brought against your
account, we may pay out funds according to the terms of the
action or refuse any payout until the dispute is resolved.
Any expenses or attorney fees we incur responding to legal
process may be charged against your account without notice,
unless prohibited by law. Any legal process against your account
is subject to our lien and security interest.
19. Account Information. Upon request, we will give you the
name and address of each agency from which we obtain a credit
report regarding your account. We agree not to disclose account
information to third parties except when: (1) it is necessary
to complete a transaction; (2) the third party seeks to verify
the existence or condition of your account in accordance with
applicable law; (3) such disclosure complies with the law or
a government agency or court order; or (4) you give us written
permission.
20. Notices.
a. Name or Address Changes. You are responsible for notifying
us of any address or name change. The Credit Union is only
required to attempt to communicate with you at the most recent
address you have provided to us. We may accept oral notices
of a change in address and may require any other notice from
you to us be provided in writing. If we attempt to locate you,
we may impose a service fee as set forth on the Rate and Fee
Schedule.
b. Notice of Amendments. Except as prohibited by applicable
law, we may change the terms of this Agreement. We will notify
you of any changes in terms, rates, or fees as required by
law. We reserve the right to waive any term in this Agreement.
Any such waiver shall not affect our right to future enforcement.
c. Effect of Notice. Any written notice you give us is effective
when we receive it. Any written notice we give to you is effective
when it is deposited in the U.S. Mail, postage prepaid and
addressed to you at your statement mailing address. Notice
to any account owner is considered notice to all account owners.
21. Taxpayer Identification Numbers and Backup Withholding.
Your failure to furnish a correct Taxpayer Identification Number
(TIN) or meet other requirements may result in backup withholding.
If your account is subject to backup withholding, we must withhold
and pay to the Internal Revenue Service (IRS) a percentage
of dividends, interest, and certain other payments. If you
fail to provide your TIN, we may suspend opening your account,
or, if applicable, you may request a non-dividend or non-interest
bearing account until a TIN is provided.
22. Statements.
a. Contents. If we provide a periodic statement for your account,
you will receive a periodic statement of transactions and activity
on your account during the statement period as required by
applicable law. If a periodic statement is provided, you agree
that only one statement is necessary for a multiple party account.
For share draft or checking accounts, you understand and agree
that your original draft, when paid, becomes property of the
Credit Union and may not be returned to you, but copies may
be retained by us or payable through financial institutions
and made available upon your request. You understand and agree
that statements are made available to you on the date they
are mailed to you. You also understand and agree that drafts
or copies thereof are made available to you on the date the
statement is mailed to you, even if the drafts do not accompany
the statement.
b. Examination. You are responsible for examining each statement
and reporting any irregularities to us. We will not be responsible
for any forged, altered, unauthorized or unsigned items drawn
on your account if: (1) you fail to notify us within thirty-three
(33) days of the mailing date of the earliest statement regarding
any forgery, alteration or unauthorized signature on any item
described in the statement; or (2) any items are forged or
altered in a manner not detectable by a reasonable person,
including the unauthorized use of a facsimile signature machine.
c. Notice to Credit Union. You agree that the Credit Union's
retention of drafts does not alter or waive your responsibility
to examine your statements or the time limit for notifying
us of any errors. The statement will be considered correct
for all purposes and we will not be liable for any payment
made or charge to your account unless you notify us in writing
within the above time limit for notifying us of any errors.
If you fail to receive a periodic statement you agree to notify
us within fourteen (14) days of the time you regularly receive
a statement.
23. Inactive Accounts. If your account falls below any applicable
minimum balance and you have not made any transactions over
a period specified in the Rate and Fee Schedule during which
we have been unable to contact you by regular mail, we may
classify your account as inactive or dormant. Unless prohibited
by applicable law, we may charge a service fee set forth on
the Rate and Fee Schedule for processing your inactive account.
If we impose a fee, we will notify you, as required by law,
at your last known address. You authorize us to transfer funds
from another account of yours to cover any service fees, if
applicable. To the extent allowed by law, we reserve the right
to transfer the account funds to an account payable and to
suspend any further account statements. If a deposit or withdrawal
has not been made on the account and we have had no other sufficient
contact with you within the period specified by state law,
the account will be presumed to be abandoned. Funds in abandoned
accounts will be reported and remitted in accordance with state
law. Once funds have been turned over to the state, we have
no further liability to you for such funds and if you choose
to reclaim such funds, you must apply to the appropriate state
agency.
24. Special Account Instructions. You may request that we facilitate
certain trust, will, or court-ordered account arrangements.
However, because we do not give legal advice, we cannot counsel
you as to which account arrangement most appropriately meets
the specific requirements of your trust, will, or court order.
If you ask us to follow any instructions that we believe might
expose us to claims, lawsuits, expenses, liabilities, or damages,
whether directly or indirectly, we may refuse to follow your
instructions or may require you to indemnify us or post a bond
or provide us with other protection. Account changes requested
by you, or any account owner, such as adding or closing an
account or service, must be evidenced by a signed Account Change
form and accepted by us.
25. Termination of Account. We may terminate your account at
any time without notice to you or may require you to close
your account and apply for a new account if: (1) there is a
change in owners or authorized signers; (2) there has been
a forgery or fraud reported or committed involving your account;
(3) there is a dispute as to the ownership of the account or
of the funds in the account; (4) any share drafts are lost
or stolen; (5) there are excessive returned unpaid items not
covered by an overdraft protection plan; (6) there has been
any misrepresentation or any other abuse of any of your accounts;
or (7) we reasonably deem it necessary to prevent a loss to
us. You may terminate a single party account by giving written
notice. We reserve the right to require the consent of all
owners to terminate a multiple party account. We are not responsible
for payment of any draft, withdrawal, or other item after your
account is terminated, however, if we pay an item after termination,
you agree to reimburse us.
26. Termination of Membership. You may terminate your membership
by giving us notice. You may be denied services or expelled
for any reason allowed by applicable law, including causing
a loss to the Credit Union.
27. Death of Account Owner. We may continue to honor all transfer
orders, withdrawals, deposits and other transactions on an
account until we are notified of a member's death. Once we
are notified of a member's death, we may pay drafts or honor
other payments or transfer orders authorized by the deceased
member for a period of ten (10) days after that date unless
we receive instructions from any person claiming an interest
in the account to stop payment on the drafts or other items.
We may require anyone claiming a deceased owner's account funds
to indemnify us for any losses resulting from our honoring
that claim. This Agreement will be binding upon any heirs or
legal representatives of any account owner.
28. Severability. If a court holds any portion of this Agreement
to be invalid or unenforceable, the remainder of this Agreement
shall not be invalid or unenforceable and will continue in
full force and effect. All headings are intended for reference
only and are not to be construed as part of the Agreement.
29. Enforcement. You are liable to us for any loss, cost or
expense we incur resulting from your failure to follow this
Agreement. You authorize us to deduct any such loss, costs
or expenses from your account without prior notice to you.
If we bring a legal action to collect any amount due under
or to enforce this Agreement, we shall be entitled, subject
to applicable law, to payment of reasonable attorney's fees
and costs, including fees on any appeal, bankruptcy proceedings,
and any post-judgment collection actions.
30. Governing Law. This Agreement is governed by the Credit
Union's Bylaws, federal laws and regulations, the laws, including
applicable principles of contract law, and regulations of the
state in which the Credit Union's main office is located, and
local clearinghouse rules, as amended from time to time. As
permitted by applicable law, you agree that any legal action
regarding this Agreement shall be brought in the county in
which the Credit Union is located.
ACCEPT | DECLINE
By selecting “Accept”,
you acknowledge having read,
and agree to, the provisions stated in this agreement.
© CUNA Mutual Group, 1993, 2000 32920 D1007 (WI) Rev. 2/00 |