Common use of Death or Incompetence Clause in Contracts

Death or Incompetence. You agree to notify us promptly in writing if any account holder or other person with a right to withdraw funds from your account dies or becomes legally incompetent. We may continue to honor all instructions and funds transfer requests from such a person until: (a) we know, with reasonable certainty, of the death or legal incompetence of an account holder or other person with a right to withdraw funds, and (b) we have had a reasonable opportunity to act on that knowledge. You agree that we may honor funds transfers requested or initiated on or before the date of death or legal incompetence of an account holder or other person with a right to withdraw funds for up to ten (10) days after we determine that death or legal incompetence occurred, unless we are ordered to stop payment by someone with or claiming a legitimate interest in the account. We may require a reasonable proof of death or adjudication of incompetence. Until we receive notice and any required proof of death or incompetence, we may act as if all account holders and other persons with a right to withdraw funds are alive and competent. We may restrict access to your account upon notice of your death or legal incompetence until the appropriate documentation is provided to us by your executor, administrator or legal representative. Where a Joint Account owner dies, we may require the surviving Joint Account owner to provide us with certain documentation satisfactory to us before we will release the remaining funds in a Joint Account. Transferring Account Ownership. You may not transfer, assign or pledge any account without our express written consent, which we may withhold in our sole discretion. Any transfer, assignment or pledge that we permit will be subject to our right of set-off and security interests to the fullest extent permitted by applicable law. If you wish to change the ownership of your account, we may require that the change be made by closing the account and opening a new account in the name of the new owner(s) of the account. Disputed Ownership of an Account. If we receive any conflicting instructions or claims to funds that are in an account, we may, in our sole discretion: (a) restrict the account and deny access to the funds; (b) hold the funds without liability to anyone until the conflicting claims are resolved to our satisfaction; (c) close the account and send the funds to the owner(s) of the account at the address on our records; and/or (d) refer the matter to an appropriate court or arbitrator for judgment or decision. (See also the “Dispute Resolution” section at the end of this agreement.) If we are notified of a dispute, we do not have to decide if the dispute has merit before we take further action. We may take these actions without any liability and without advance notice, unless required by applicable law. Levies and Garnishments. We must comply if we are served with any notice of garnishment or attachment, tax levy, injunction, restraining order, subpoena, or other legal process relating to your account. We may charge a legal process fee and may assess this fee against any account you maintain with us, including the account that is subject to the legal process. Levies and garnishments are subject to our right of set-off and security interests to the fullest extent permitted by applicable law. CLOSING OR FREEZING ACCOUNTS, INACTIVE ACCOUNTS Closing or Freezing Accounts. We may, at any time and without notice to you, close your account and terminate this agreement as to that account (except for those provisions of this agreement that are intended to survive account closing and termination) or freeze your account (close your account to further deposits, withdrawals, funds transfers and other account activity), if we believe the account was used in a manner that is inconsistent with the terms of this agreement; for example, by: Providing incorrect or misleading data to us when opening the account or at any time; Maintaining the account at a zero balance for 180 days or more; Exceeding any maximum principal balance or transaction dollar or frequency limits that we may have established in our discretion from time to time; Repeatedly exceeding the transfer frequency limitations for your High Yield Savings account disclosed in the “Transaction Limitations” section of the “Truth in Savings Disclosure”; Overdrawing the account; Engaging or attempting to engage in activity we believe is illegal or fraudulent; Residing outside the United States, APO/FPO, Puerto Rico, U.S. Virgin Islands, Guam, American Samoa or Northern Mariana Islands (or, if applicable, outside another U.S. territory or U.S. possession where we offer the account); Failing to fund the account within 30 days after we approve your application; Using or attempting to use the account for business or commercial purposes; or Linking or attempting to link your account to an account that you do not own or to a business account. We may also close your account at any time by giving you reasonable notice and returning your account balance to you electronically or by mail. Reasonable notice depends on the circumstances, and, in some cases, it might be reasonable for us to give you notice after we have closed or frozen the account. For instance, if we suspect fraudulent activity, we might immediately close or freeze your account and then give you notice. We may refuse to pay any debits or other items presented or re-presented to us for payment after we close or freeze your account, but we are not obligated to refuse to pay those debits or other items, and we will not be liable if we pay any debit or other item presented after we close or freeze your account.

Appears in 4 contracts

Samples: Agreement, Agreement, Agreement

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Death or Incompetence. You agree to notify of Account Owner or Sole Signer‌ Tell us promptly in writing immediately if any account holder or other person with a right to withdraw funds from your account owner dies or becomes legally incompetentis declared incompetent by a court. We may continue to honor act as if all instructions owners are alive and funds transfer requests from such a person until: (a) we know, with reasonable certainty, of the death or legal incompetence of an account holder or other person with a right to withdraw funds, and (b) we have had a reasonable opportunity to act on that knowledge. You agree that we may honor funds transfers requested or initiated on or before the date of death or legal incompetence of an account holder or other person with a right to withdraw funds for up to ten (10) days after we determine that death or legal incompetence occurred, unless we are ordered to stop payment by someone with or claiming a legitimate interest in the account. We may require a reasonable proof of death or adjudication of incompetence. Until competent until we receive notice and any required proof otherwise. After we receive notice of death or incompetence, we may act as if all account holders freeze your balance, refuse to accept transactions, and other persons with a right to withdraw funds are alive and competentreverse or return deposits. We may restrict access are also not required to release your account upon notice of funds until we receive any documents we reasonably request to verify your death or legal incompetence until the appropriate documentation incompetence, as well as who is provided to us by your executor, administrator or legal representative. Where a Joint Account owner dies, we may require the surviving Joint Account owner to provide us with certain documentation satisfactory to us before we will release the remaining funds in a Joint Account. Transferring Account Ownership. You may not transfer, assign or pledge any account without our express written consent, which we may withhold in our sole discretion. Any transfer, assignment or pledge that we permit will be subject to our right of set-off and security interests entitled to the fullest extent permitted by applicable lawfunds. If you wish to change the ownership of your account, we may require that the change be made by closing the account and opening a new account in the name of the new owner(s) of the account. Disputed Ownership of an Account. If we receive any conflicting instructions or claims to funds that are in an account, we may, in our sole discretion: (a) restrict the account and deny access to the funds; (b) hold the funds without liability to anyone until the conflicting claims are resolved to our satisfaction; (c) close the account and send the funds to the owner(s) of the account at the address on our records; and/or (d) refer the matter to an appropriate court or arbitrator for judgment or decision. (See also the “Dispute Resolution” section at the end of this agreement.) If we are notified of a dispute, we do not have to decide if the dispute has merit before we take further action. We may take these actions without any liability and without advance notice, unless required by applicable law. Levies and Garnishments. We must comply if we are served with any notice of garnishment or attachment, tax levy, injunction, restraining order, subpoena, or other legal process relating to your account. We may charge a legal process fee and may assess this fee against any account you maintain with us, including the account that is subject to the legal process. Levies and garnishments are subject to our right of set-off and security interests to the fullest extent permitted by applicable law. CLOSING OR FREEZING ACCOUNTS, INACTIVE ACCOUNTS Closing or Freezing Accounts. We may, at any time and without notice to you, close your account and terminate this agreement as to that account (except for those provisions of this agreement that are intended to survive account closing and termination) or freeze your account (close your account to further deposits, withdrawals, funds transfers and other account activity), if we believe the account was used in a manner that is inconsistent with the terms of this agreement; for example, by: Providing incorrect or misleading data to us when opening the account or at any time; Maintaining the account at a zero balance for 180 days or more; Exceeding any maximum principal balance or transaction dollar or frequency limits that we may have established in our discretion from time to time; Repeatedly exceeding the transfer frequency limitations for your High Yield Savings account disclosed in the “Transaction Limitations” section of the “Truth in Savings Disclosure”; Overdrawing the account; Engaging or attempting to engage in activity we believe is illegal or fraudulent; Residing die while residing outside the United States, APO/FPOwe may require a personal representative to be appointed by a court in a United States jurisdiction. If we have any tax liability because of paying your balance to your estate, Puerto Ricothe estate will be responsible for repaying us the amount of that tax. If an account owner authorizes any transaction, U.S. Virgin Islandsbut it’s not presented for payment until after that owner dies, Guamwe are authorized to pay the transaction. If you owe us a debt at the time of your death, American Samoa or Northern Mariana Islands we are permitted to exercise our right of setoff (or, if applicable, outside another U.S. territory or U.S. possession where we offer the account); Failing our right to fund the account within 30 days after we approve your application; Using or attempting to use the account for business or commercial purposes; or Linking or attempting to link your apply funds in one account to an account that you do not own the debt associated with another account) or security interest rights against the funds credited to a business accountyour balance after your death. We may also close your have these rights even if a surviving joint owner, a “payable on death” payee, or a beneficiary of an “in trust for” or “trustee for” account at any time by giving you reasonable notice and returning your account balance has rights to you electronically or by mail. Reasonable notice depends on the circumstances, and, in some cases, it might be reasonable for us to give you notice after we have closed or frozen the account. For instance, if After we suspect fraudulent activityreceive notice of death or incompetence of the sole signer on a business organization’s account, we might immediately close may freeze the balance, refuse to accept transactions, and reverse or freeze your account and then give you noticereturn deposits. We may refuse are also not required to pay release the organization’s funds until we receive any debits documents we reasonably request to verify the death or other items presented incompetence of the signer and to establish a new person’s authority to act on behalf of the organization in transacting on or re-presented to us for payment after we close or freeze your account, but we are not obligated to refuse to pay those debits or other items, and we will not be liable if we pay any debit or other item presented after we close or freeze your closing the organization’s account.

Appears in 3 contracts

Samples: Deposit Account Agreement, www.chase.com, www.chase.com

Death or Incompetence. You agree to notify us promptly in writing if any account holder or other person with a right to withdraw funds from your account account(s) dies or becomes legally is adjudicated (determined by the appropriate official) incompetent. We may continue to honor all your checks, items, and instructions and funds transfer requests from such a person until: (a) we know, with reasonable certainty, know of the your death or legal incompetence adjudication of an account holder or other person with a right to withdraw funds, incompetence; and (b) we have had a reasonable opportunity to act on that knowledge. You agree that we may honor funds transfers requested pay or initiated certify checks drawn on or before the date of death or legal adjudication of incompetence of an account holder or other person with a right to withdraw funds for up to ten (10) days after we determine that your death or legal adjudication of incompetence occurred, unless we are ordered to stop payment by someone with or claiming a legitimate an interest in the account. AGENCY DESIGNATION (Power of Attorney for Single-Party Accounts only). A single individual is the owner. The agent is merely designated to conduct transactions on the owner’s behalf. The owner does not give up any rights to act on the account, and the agent may not in any manner affect the rights of the owner or beneficiaries, if any, other than by withdrawing funds from the account. The owner is responsible for any transactions of the agent. We undertake no obligation to monitor transactions to determine that they are on the owner’s behalf. The owner may require a reasonable proof terminate the agency at any time, and the agency is automatically terminated by the death of death or adjudication of incompetencethe owner. Until we receive notice and any required proof of death or incompetenceHowever, we may act as if all account holders and other persons with a right continue to withdraw funds are alive and competent. We may restrict access to your account upon notice of your death or legal incompetence until honor the appropriate documentation is provided to us by your executor, administrator or legal representative. Where a Joint Account owner dies, we may require the surviving Joint Account owner to provide us with certain documentation satisfactory to us before we will release the remaining funds in a Joint Account. Transferring Account Ownership. You may not transfer, assign or pledge any account without our express written consent, which we may withhold in our sole discretion. Any transfer, assignment or pledge that we permit will be subject to our right of set-off and security interests to the fullest extent permitted by applicable law. If you wish to change the ownership of your account, we may require that the change be made by closing the account and opening a new account in the name transactions of the new owner(s) of the account. Disputed Ownership of an Account. If we receive any conflicting instructions or claims to funds that are in an account, we may, in our sole discretionagent until: (a) restrict we have received written notice or have actual knowledge of the account termination of the agency; and deny access to the funds; (b) hold the funds without liability to anyone until the conflicting claims are resolved to our satisfaction; (c) close the account and send the funds to the owner(s) of the account at the address on our records; and/or (d) refer the matter to an appropriate court or arbitrator for judgment or decision. (See also the “Dispute Resolution” section at the end of this agreement.) If we are notified of a dispute, we do not have to decide if the dispute has merit before we take further action. We may take these actions without any liability and without advance notice, unless required by applicable law. Levies and Garnishments. We must comply if we are served with any notice of garnishment or attachment, tax levy, injunction, restraining order, subpoena, or other legal process relating to your account. We may charge a legal process fee and may assess this fee against any account you maintain with us, including the account that is subject to the legal process. Levies and garnishments are subject to our right of set-off and security interests to the fullest extent permitted by applicable law. CLOSING OR FREEZING ACCOUNTS, INACTIVE ACCOUNTS Closing or Freezing Accounts. We may, at any time and without notice to you, close your account and terminate this agreement as to that account (except for those provisions of this agreement that are intended to survive account closing and termination) or freeze your account (close your account to further deposits, withdrawals, funds transfers and other account activity), if we believe the account was used in a manner that is inconsistent with the terms of this agreement; for example, by: Providing incorrect or misleading data to us when opening the account or at any time; Maintaining the account at a zero balance for 180 days or more; Exceeding any maximum principal balance or transaction dollar or frequency limits that we may have established in our discretion from time to time; Repeatedly exceeding the transfer frequency limitations for your High Yield Savings account disclosed in the “Transaction Limitations” section of the “Truth in Savings Disclosure”; Overdrawing the account; Engaging or attempting to engage in activity we believe is illegal or fraudulent; Residing outside the United States, APO/FPO, Puerto Rico, U.S. Virgin Islands, Guam, American Samoa or Northern Mariana Islands (or, if applicable, outside another U.S. territory or U.S. possession where we offer the account); Failing to fund the account within 30 days after we approve your application; Using or attempting to use the account for business or commercial purposes; or Linking or attempting to link your account to an account that you do not own or to a business account. We may also close your account at any time by giving you reasonable notice and returning your account balance to you electronically or by mail. Reasonable notice depends on the circumstances, and, in some cases, it might be reasonable for us to give you notice after we have closed a reasonable opportunity to act on that notice or frozen the account. For instance, if we suspect fraudulent activity, we might immediately close or freeze your account and then give you noticeknowledge. We may refuse to pay any debits accept the designation of an agent. We may require the agent to provide a certification or other items presented or re-presented affidavit to us for confirming the claimed authority and holding us harmless. RESOLVING ACCOUNT DISPUTES. We may place an administrative hold on the funds in your account (refuse payment after we close or freeze withdrawal of the funds) if it becomes subject to a claim adverse to (1) your own interest; (2) others claiming an interest as survivors or beneficiaries of your account, but ; or (3) a claim arising by operation of law. The hold may be placed for such period of time as we are not obligated believe reasonably necessary to refuse allow a legal proceeding to pay those debits determine the merits of the claim or other items, and until we receive evidence satisfactory to us that the dispute has been resolved. We will not be liable if we pay for any debit or other item presented after we close or freeze items that are dishonored as a consequence of placing a hold on funds in your accountaccount for these reasons.

Appears in 3 contracts

Samples: Membership Agreement and Account Disclosures, Membership Agreement and Account Disclosures, Membership Agreement

Death or Incompetence. You or your appointed party, designee, or appointed individual as determined to our satisfaction agree to notify us promptly in writing if any account holder Agent or other person with a right to withdraw funds from signatory rights on your account dies or becomes legally incompetentincompetent or incapacitated. We may continue to honor all instructions such checks and funds transfer requests from such a person until: items until (a) we know, with reasonable certainty, know of the fact of death or of a legal determination of incompetence of an account holder or other person with a right to withdraw funds, incapacitation and (b) we have had a reasonable opportunity to act on that knowledge. You agree that that, even if we have knowledge of death of an Agent or person with signatory rights, we may honor funds transfers requested or initiated pay checks drawn on or before the date of death or legal incompetence of an account holder or other person with a right to withdraw funds for up to ten (10) 10 days after we determine that death or legal incompetence occurreddate, unless we are ordered to stop payment by someone with or claiming a legitimate an interest in the account. We may require a reasonable proof additional documentation to confirm any claims made on the account. Facsimile Signatures Before using any form of death or adjudication of incompetence. Until we receive notice and any required proof of death or incompetence, we may act as if all account holders and other persons facsimile signature in connection with a right Deposit Account, you agree to withdraw funds submit a sample to us and to execute and deliver agreements in a form we require. When you use a facsimile signature, you agree you shall have the sole responsibility for ensuring the security of the facsimile signature, and you bear the entire risk for unauthorized use thereof, whether or not you are alive negligent, except where it may be required by law. You agree that no facsimile signature we have been authorized to honor may be considered a forgery or an unauthorized signature, and competentthat such facsimile shall be effective as your signature or endorsement, whether or not you have been negligent. You further agree to indemnify us and hold us harmless from and against any and all losses, costs, damages, liabilities or exposures we or you may suffer or incur as a result of the unlawful use, unauthorized use, or misuse by any person of any such facsimile or automated signature or the device by which it is affixed. Fees and Charges You agree to pay the charges as shown on the Schedule of Fees, which is provided with these disclosures and posted on our website, the address of which appears at the beginning of this Agreement. Fees or charges incurred on your account will be deducted directly from the account balance. We will not be held liable for any items that are dishonored or any other debts that may restrict access occur from the deduction of charges as stated in this Agreement. Interest Rates Your account may earn interest at such a rate and compounding frequency as we disclose to you on the interest rate and annual percentage yield (APY) disclosures we provide to you when you open your account. Current interest rates and APYs applicable to your account upon notice are posted on our website, the address of your death or legal incompetence until the appropriate documentation is provided to us by your executor, administrator or legal representative. Where a Joint Account owner dies, we may require the surviving Joint Account owner to provide us with certain documentation satisfactory to us before we will release the remaining funds in a Joint Account. Transferring Account Ownership. You may not transfer, assign or pledge any account without our express written consent, which we may withhold in our sole discretion. Any transfer, assignment or pledge that we permit will be subject to our right of set-off and security interests to the fullest extent permitted by applicable law. If you wish to change the ownership of your account, we may require that the change be made by closing the account and opening a new account in the name of the new owner(s) of the account. Disputed Ownership of an Account. If we receive any conflicting instructions or claims to funds that are in an account, we may, in our sole discretion: (a) restrict the account and deny access to the funds; (b) hold the funds without liability to anyone until the conflicting claims are resolved to our satisfaction; (c) close the account and send the funds to the owner(s) of the account appears at the address on our records; and/or (d) refer the matter to an appropriate court or arbitrator for judgment or decision. (See also the “Dispute Resolution” section at the end beginning of this agreementAgreement.) If we are notified of a dispute, we do not have to decide if the dispute has merit before we take further action. We may take these actions without any liability and without advance notice, unless required by applicable law. Levies and Garnishments. We must comply if we are served with any notice of garnishment or attachment, tax levy, injunction, restraining order, subpoena, or other legal process relating to your account. We may charge a legal process fee and may assess this fee against any account you maintain with us, including the account that is subject to the legal process. Levies and garnishments are subject to our right of set-off and security interests to the fullest extent permitted by applicable law. CLOSING OR FREEZING ACCOUNTS, INACTIVE ACCOUNTS Closing or Freezing Accounts. We may, at any time and without notice to you, close your account and terminate this agreement as to that account (except for those provisions of this agreement that are intended to survive account closing and termination) or freeze your account (close your account to further deposits, withdrawals, funds transfers and other account activity), if we believe the account was used in a manner that is inconsistent with the terms of this agreement; for example, by: Providing incorrect or misleading data to us when opening the account or at any time; Maintaining the account at a zero balance for 180 days or more; Exceeding any maximum principal balance or transaction dollar or frequency limits that we may have established in our discretion from time to time; Repeatedly exceeding the transfer frequency limitations for your High Yield Savings account disclosed in the “Transaction Limitations” section of the “Truth in Savings Disclosure”; Overdrawing the account; Engaging or attempting to engage in activity we believe is illegal or fraudulent; Residing outside the United States, APO/FPO, Puerto Rico, U.S. Virgin Islands, Guam, American Samoa or Northern Mariana Islands (or, if applicable, outside another U.S. territory or U.S. possession where we offer the account); Failing to fund the account within 30 days after we approve your application; Using or attempting to use the account for business or commercial purposes; or Linking or attempting to link your account to an account that you do not own or to a business account. We may also close your account at any time by giving you reasonable notice and returning your account balance to you electronically or by mail. Reasonable notice depends on the circumstances, and, in some cases, it might be reasonable for us to give you notice after we have closed or frozen the account. For instance, if we suspect fraudulent activity, we might immediately close or freeze your account and then give you notice. We may refuse to pay any debits or other items presented or re-presented to us for payment after we close or freeze your account, but we are not obligated to refuse to pay those debits or other items, and we will not be liable if we pay any debit or other item presented after we close or freeze your account.

Appears in 3 contracts

Samples: Bancorp Bank Account Agreement Terms and Conditions, Bancorp Bank Account Agreement Terms and Conditions, Bancorp Bank Account Agreement Terms and Conditions

Death or Incompetence. You agree to that you or your Authorised Agent(s) will notify us promptly in writing if any account holder or other person with a right to withdraw funds from your account dies or becomes legally incompetent. We may continue to honor all instructions and funds transfer requests from such a person until: (a) we know, with reasonable certainty, of the death or legal adjudication of incompetence of an any owner, signatory or Authorized Agent on the Account. Your Account and the Agreement will not be immediately closed or terminated by your death or a legal adjudication of your incompetence, but rather, the disposition of funds in the Account, any termination of the Agreement, and the timing thereof will be determined by applicable law, the orders of any authority having jurisdiction, and/or the decisions of your duly qualified legal representative(s). If the Account is a joint account, or if it is a, fiduciary account holder or similar account which names one or more beneficiaries as owner(s) of the funds upon your death, then the applicable laws governing joint accounts with or without right of survivorship, ownership as tenants by the entireties, or accounts will control the disposition of funds and any termination of the Agreement, subject, however, to our rights to charge the Account for any amounts that may be owed to us by any deceased owner, co-owner or beneficiary. Neither your death nor a legal adjudication of your incompetence revokes our authority to process Instructions or other person transactions related to the Account until one of our authorized agents receives notice of your death or legal adjudication of incompetence in accordance with a right to withdraw funds, the section of these Terms and (b) Conditions entitled “Notices,” and even then we will have had a reasonable opportunity period of time to act on that knowledgesuch notice. You agree that Once we receive notice, we may honor funds transfers requested continue to process Instructions or initiated other transactions received on or before the date of your death or legal incompetence of an account holder or other person with a right to withdraw funds for up to ten (10) days after we determine that death or legal incompetence occurred, the date you are adjudicated incompetent unless we are ordered otherwise by a person having authority to stop payment by someone with give such orders, or claiming a legitimate interest we may place an administrative freeze or hold on the Account and any funds in the account. We may require a reasonable proof of death or adjudication of incompetence. Until Account until we receive notice and any required proof legally appropriate instructions on the disposition of death or incompetence, we may act as if all account holders and other persons with a right to withdraw funds are alive and competent. We may restrict access to your account upon notice of your death or legal incompetence until the appropriate documentation is provided to us by your executor, administrator or legal representative. Where a Joint Account owner dies, we may require the surviving Joint Account owner to provide us with certain documentation satisfactory to us before we will release the remaining funds in a Joint the Account. Transferring Account Ownership. You may not transfer, assign or pledge any account without our express written consent, which we may withhold in our sole discretion. Any transfer, assignment or pledge that we permit will be subject to our right of set-off and security interests to the fullest extent permitted by applicable law. If you wish to change the ownership of your account, we may require that the change be made by closing the account and opening a new account in the name of the new owner(s) of the account. Disputed Ownership of an Account. If we receive any conflicting instructions or claims to funds that are in an account, we may, in our sole discretion: (a) restrict the account and deny access to the funds; (b) hold the funds without liability to anyone until the conflicting claims are resolved to our satisfaction; (c) close the account and send the funds to the owner(s) of the account at the address on our records; and/or (d) refer the matter to an appropriate court or arbitrator for judgment or decision. (See also the “Dispute Resolution” section at the end of this agreement.) If we are notified of a dispute, we do not have to decide if the dispute has merit before we take further action. We may take these actions without any liability and without advance notice, unless required by applicable law. Levies and Garnishments. We must comply if we are served with any notice of garnishment or attachment, tax levy, injunction, restraining order, subpoena, or other legal process relating to your account. We may charge a legal process fee and may assess this fee against any account you maintain with us, including the account that is subject to the legal process. Levies and garnishments are subject to our right of set-off and security interests to the fullest extent permitted by applicable law. CLOSING OR FREEZING ACCOUNTS, INACTIVE ACCOUNTS Closing or Freezing Accounts. We may, at any time and without notice to you, close your account and terminate this agreement as to that account (except for those provisions of this agreement that are intended to survive account closing and termination) or freeze your account (close your account to further deposits, withdrawals, funds transfers and other account activity), if we believe the account was used in a manner that is inconsistent with the terms of this agreement; for example, by: Providing incorrect or misleading data to us when opening the account or at any time; Maintaining the account at a zero balance for 180 days or more; Exceeding any maximum principal balance or transaction dollar or frequency limits that we may have established in our discretion from time to time; Repeatedly exceeding the transfer frequency limitations for your High Yield Savings account disclosed in the “Transaction Limitations” section of the “Truth in Savings Disclosure”; Overdrawing the account; Engaging or attempting to engage in activity we believe is illegal or fraudulent; Residing outside the United States, APO/FPO, Puerto Rico, U.S. Virgin Islands, Guam, American Samoa or Northern Mariana Islands (or, if applicable, outside another U.S. territory or U.S. possession where we offer the account); Failing to fund the account within 30 days after we approve your application; Using or attempting to use the account for business or commercial purposes; or Linking or attempting to link your account to an account that you do not own or to a business account. We may also close your account at any time by giving you reasonable notice and returning your account balance to you electronically or by mail. Reasonable notice depends on the circumstances, and, in some cases, it might be reasonable for us to give you notice after we have closed or frozen the account. For instance, if we suspect fraudulent activity, we might immediately close or freeze your account and then give you notice. We may refuse to pay any debits or other items presented or re-presented to us for payment after we close or freeze your account, but we are not obligated to refuse to pay those debits or other items, and we will not be liable if we pay any debit or other item presented after we close or freeze your account.

Appears in 2 contracts

Samples: www.belizebank.com, www.belizebank.com

Death or Incompetence. You agree Neither a customer’s death nor a legal adjudication of incompetence revokes the Bank’s authority to notify us promptly in writing if any account holder accept, pay, or other person with a right to withdraw funds from your account dies or becomes legally incompetent. We may continue to honor all instructions and funds transfer requests from such a person until: (a) we know, with reasonable certainty, collect items until the Bank knows of the fact of death or legal incompetence of an account holder or other person with a right to withdraw funds, adjudication of incompetence and (b) we have had has a reasonable opportunity to act on that knowledgeit. You agree that we may honor funds transfers requested or initiated Even with knowledge the Bank may, for ten (10) days after the date of death, pay checks drawn on or before the date of death or legal incompetence of an account holder or other person with a right to withdraw funds for up to ten (10) days after we determine that death or legal incompetence occurred, unless we are ordered to stop payment by someone with or a person claiming a legitimate an interest in the account. We may require RETURNED ITEMS. If a reasonable proof of death check or adjudication of incompetence. Until other item that we receive notice and cash for you or which you deposit to your account is returned to us as unpaid for any required proof of death or incompetencereason, we may act as if all account holders and other persons with a right to withdraw funds are alive and competent. We may restrict access to charge your account upon notice for the amount of your death the check or legal incompetence until other item plus a fee as disclosed in our Service Fee List. Any interest paid on such items may be reversed by the appropriate documentation is provided to us by your executorBank. This may include, administrator or legal representative. Where a Joint Account owner diesamong other circumstances, we may require counterfeit checks, forged checks, and checks that are returned because the surviving Joint Account owner to provide us with certain documentation satisfactory to us before we will release maker of the remaining check had insufficient funds in a Joint Accountthe account or stopped payment on the check, or because the account had been closed. Transferring Account Ownership. You may not transferThe Bank may, assign at our option, notify you by telephone or pledge any account without our express written consent, which we may withhold in our sole discretion. Any transfer, assignment or pledge that we permit will be subject to our right of set-off and security interests to the fullest extent permitted by applicable lawmail if an item has been returned unpaid. If you wish authorize us to change redeposit the ownership item on your behalf, you waive any right to receive a written notice of the returned item and you authorize the Bank to charge back the item to any account of which you are an owner or co-owner if it is returned unpaid again for any reason. SUBSTITUTE CHECKS/CHECK IMAGING. Unless we specifically permit you to do so, through Mobile Deposit or otherwise, 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. You agree not to use any checks that contain a background image that interferes with our or any other bank’s ability to produce a digital image of your accountcheck. If you do, we may require that the change you will be made by closing the account and opening a new account in the name responsible for any losses you or another person suffers because of the new owner(s) inability to produce a readable digital image of the account. Disputed Ownership of an Accountyour check. If we receive any conflicting instructions you are a depositor that creates checks that bear a statement that your customer authorized the check or claims to funds bears your customer's printed or typed name (remotely created check) you agree that you are in an account, we may, in our sole discretion: (a) restrict the account and deny access to the funds; (b) hold the funds without liability to anyone until the conflicting claims are resolved to our satisfaction; (c) close the account and send the funds to the owner(s) of the account at the address on our records; and/or (d) refer the matter to an appropriate court or arbitrator liable for judgment or decision. (See also the “Dispute Resolution” section at the end of this agreement.) If we are notified of a dispute, we do not have to decide if the dispute has merit before we take further action. We may take these actions without any liability and without advance notice, unless required by applicable law. Levies and Garnishments. We must comply if we are served with any notice of garnishment or attachment, tax levy, injunction, restraining order, subpoena, or other legal process relating to your account. We may charge a legal process fee and may assess this fee against any account you maintain with us, including the account that is subject to the legal process. Levies and garnishments are subject to our right of set-off and security interests to the fullest extent permitted by applicable law. CLOSING OR FREEZING ACCOUNTS, INACTIVE ACCOUNTS Closing or Freezing Accounts. We may, at any time and without notice to you, close your account and terminate this agreement as to that account (except for those provisions of this agreement that are intended to survive account closing and termination) or freeze your account (close your account to further deposits, withdrawals, funds transfers and other account activity), if we believe the account was used in a manner that is inconsistent losses associated with the terms creation and deposit of this agreement; for example, by: Providing incorrect or misleading data to us when opening the account or at any time; Maintaining the account at a zero balance for 180 days or more; Exceeding any maximum principal balance or transaction dollar or frequency limits that we may have established in our discretion from time to time; Repeatedly exceeding the transfer frequency limitations for your High Yield Savings account disclosed in the “Transaction Limitations” section of the “Truth in Savings Disclosure”; Overdrawing the account; Engaging or attempting to engage in activity we believe is illegal or fraudulent; Residing outside the United States, APO/FPO, Puerto Rico, U.S. Virgin Islands, Guam, American Samoa or Northern Mariana Islands (or, if applicable, outside another U.S. territory or U.S. possession where we offer the account); Failing to fund the account within 30 days after we approve your application; Using or attempting to use the account for business or commercial purposes; or Linking or attempting to link your account to an account that you do not own or to a business account. We may also close your account at any time by giving you reasonable notice and returning your account balance to you electronically or by mail. Reasonable notice depends on the circumstances, and, in some cases, it might be reasonable for us to give you notice after we have closed or frozen the account. For instance, if we suspect fraudulent activity, we might immediately close or freeze your account and then give you notice. We may refuse to pay any debits or other items presented or re-presented to us for payment after we close or freeze your account, but we are not obligated to refuse to pay those debits or other items, and we will not be liable if we pay any debit or other item presented after we close or freeze your accountremotely created checks.

Appears in 2 contracts

Samples: Deposit Accounts, www.westsuburbanbank.com

Death or Incompetence. You or your appointed party, designee, or appointed individual as determined to our satisfaction agree to notify us promptly in writing if any account holder Agent or other person with a right to withdraw funds from signatory rights on your account dies or becomes legally incompetentincompetent or incapacitated. We may continue to honor all instructions such checks and funds transfer requests from such a person until: items until (a) we know, with reasonable certainty, know of the fact of death or of a legal determination of incompetence of an account holder or other person with a right to withdraw funds, incapacitation and (b) we have had a reasonable opportunity to act on that knowledge. You agree that that, even if we have knowledge of death of an Agent or person with signatory rights, we may honor funds transfers requested or initiated pay checks drawn on or before the date of death or legal incompetence of an account holder or other person with a right to withdraw funds for up to ten (10) 10 days after we determine that death or legal incompetence occurreddate, unless we are ordered to stop payment by someone with or claiming a legitimate an interest in the account. We may require additional documentation to confirm any claims made on the account. Facsimile Signatures Before using any form of facsimile signature in connection with a reasonable proof Deposit Account, you agree to submit a sample to us and to execute and deliver agreements in a form we require. When you use a facsimile signature, you agree you shall have the sole responsibility for ensuring the security of death the facsimile signature, and you bear the entire risk for unauthorized use thereof, whether or adjudication not you are negligent, except where it may be required by law. You agree that no facsimile signature we have been authorized to honor may be considered a forgery or an unauthorized signature, and that such facsimile shall be effective as your signature or endorsement, whether or not you have been negligent. You further agree to indemnify us and hold us harmless from and against any and all losses, costs, damages, liabilities, or exposures we or you may suffer or incur as a result of incompetencethe unlawful use, unauthorized use, or misuse by any person of any such facsimile or automated signature or the device by which it is affixed. Until we receive notice Fees and Charges You agree to pay the charges as shown on the Schedule of Fees, which is provided with this Agreement and is posted on our website, the address of which appears at the beginning of this Agreement. Fees or charges incurred on your account will be deducted directly from the account balance, except as prohibited by law. In the event your account balance is less than the fee amount being assessed, the entire account balance will be applied to the fee amount, and any required proof of death or incompetenceUNPAID FEE AMOUNTS WILL BE PENDED UNTIL A DEPOSIT IS RECEIVED, we may act as if all account holders and other persons with AT WHICH TIME THE UNPAID FEE AMOUNT WILL BE DEDUCTED FROM YOUR ACCOUNT BALANCE. If a right to withdraw funds are alive and competent. We may restrict access fee is pended, any subsequent deposits made to your account upon notice of will first be applied to any negative balance and any pended fees. This means your death or legal incompetence until the appropriate documentation is provided to us by your executor, administrator or legal representative. Where a Joint Account owner dies, we may require the surviving Joint Account owner to provide us with certain documentation satisfactory to us before we will release the remaining funds in a Joint Account. Transferring Account Ownership. You may not transfer, assign or pledge any account without our express written consent, which we may withhold in our sole discretion. Any transfer, assignment or pledge that we permit balance will be subject less than your deposit to our right of set-off and security interests to the fullest extent permitted by applicable law. If you wish to change the ownership of your account, we may require that the change be made by closing the account and opening a new account in the name of the new owner(s) of the account. Disputed Ownership of an Account. If we receive We will not be held liable for any conflicting instructions or claims to funds items that are dishonored or any other debts that may occur from the deduction of charges as stated in an account, this Agreement. Interest Rates Your account may earn interest at such a rate and compounding frequency as we may, disclose to you in our sole discretion: the interest rate and annual percentage yield (aAPY) restrict the account and deny access disclosures we provide to the funds; (b) hold the funds without liability to anyone until the conflicting claims are resolved to our satisfaction; (c) close the account and send the funds to the owner(s) of the account at the address on our records; and/or (d) refer the matter to an appropriate court or arbitrator for judgment or decision. (See also the “Dispute Resolution” section at the end of this agreement.) If we are notified of a dispute, we do not have to decide if the dispute has merit before we take further action. We may take these actions without any liability and without advance notice, unless required by applicable law. Levies and Garnishments. We must comply if we are served with any notice of garnishment or attachment, tax levy, injunction, restraining order, subpoena, or other legal process relating to you when you open your account. We may charge a legal process fee Current interest rates and may assess this fee against any account you maintain with us, including the account that is subject APYs applicable to the legal process. Levies and garnishments are subject to our right of set-off and security interests to the fullest extent permitted by applicable law. CLOSING OR FREEZING ACCOUNTS, INACTIVE ACCOUNTS Closing or Freezing Accounts. We may, at any time and without notice to you, close your account and terminate this agreement as to that account (except for those provisions are posted on our website, the address of which appears at the beginning of this agreement that are intended to survive account closing and termination) or freeze your account (close your account to further deposits, withdrawals, funds transfers and other account activity), if we believe the account was used in a manner that is inconsistent with the terms of this agreement; for example, by: Providing incorrect or misleading data to us when opening the account or at any time; Maintaining the account at a zero balance for 180 days or more; Exceeding any maximum principal balance or transaction dollar or frequency limits that we may have established in our discretion from time to time; Repeatedly exceeding the transfer frequency limitations for your High Yield Savings account disclosed in the “Transaction Limitations” section of the “Truth in Savings Disclosure”; Overdrawing the account; Engaging or attempting to engage in activity we believe is illegal or fraudulent; Residing outside the United States, APO/FPO, Puerto Rico, U.S. Virgin Islands, Guam, American Samoa or Northern Mariana Islands (or, if applicable, outside another U.S. territory or U.S. possession where we offer the account); Failing to fund the account within 30 days after we approve your application; Using or attempting to use the account for business or commercial purposes; or Linking or attempting to link your account to an account that you do not own or to a business account. We may also close your account at any time by giving you reasonable notice and returning your account balance to you electronically or by mail. Reasonable notice depends on the circumstances, and, in some cases, it might be reasonable for us to give you notice after we have closed or frozen the account. For instance, if we suspect fraudulent activity, we might immediately close or freeze your account and then give you notice. We may refuse to pay any debits or other items presented or re-presented to us for payment after we close or freeze your account, but we are not obligated to refuse to pay those debits or other items, and we will not be liable if we pay any debit or other item presented after we close or freeze your accountAgreement.

Appears in 2 contracts

Samples: Bancorp Bank Account Agreement, Bancorp Bank Account Agreement

Death or Incompetence. You or your appointed party, designee, or appointed individual agree to notify us promptly in writing if any account holder agent or other person with a right to withdraw funds from signatory rights on your account dies or becomes legally incompetentincompetent or incapacitated. We may continue to honor all instructions such checks and funds transfer requests from such a person until: items until (a) we know, with reasonable certainty, know of the fact of death or of a legal determination of incompetence of an account holder or other person with a right to withdraw funds, incapacitation and (b) we have had a reasonable opportunity to act on that knowledge. You agree that that, even if we have knowledge of death of an agent or person with signatory rights, we may honor funds transfers requested pay or initiated certify checks drawn on or before the date of death or legal incompetence of an account holder or other person with a right to withdraw funds for up to ten (10) 10 days after we determine that death or legal incompetence occurreddate, unless we are ordered to stop payment by someone with or claiming a legitimate an interest in the account. We may require a reasonable proof additional documentation to confirm any claims made on the account. Facsimile Signatures Before using any form of death or adjudication of incompetence. Until we receive notice and any required proof of death or incompetence, we may act as if all account holders and other persons facsimile signature in connection with a right Deposit Account, you agree to withdraw funds submit a sample to us and to execute and deliver agreements in a form we require. When you use a facsimile signature, you agree that you shall have the sole responsibility for ensuring the security of the facsimile signature, and you bear the entire risk for unauthorized use thereof, whether or not you are alive negligent, except where it may be required by law. You agree that no facsimile signature we have been authorized to honor may be considered a forgery or an unauthorized signature, and competentthat such facsimile shall be effective as your signature or endorsement, whether or not you have been negligent. You further agree to indemnify us and hold us harmless from and against any and all losses, costs, damages, liabilities or exposures we or you may suffer or incur as a result of the unlawful use, unauthorized use, or misuse by any person of any such facsimile or automated signature or the device by which it is affixed. Fees and Charges You agree to pay the charges as shown on the Schedule of Fees, which is provided with these disclosures and posted on our website. Fees or charges incurred on your account will be deducted directly from the account balance. We will not be held liable for any items that are dishonored or any other debts that may restrict access occur from the deduction of charges as stated in this Agreement. Interest Rates Your account may earn interest at such a rate and compounding frequency as we disclose to your account upon notice of your death you. We will not change the rate or legal incompetence until Annual Percentage Yield on a time deposit prior to the appropriate documentation is provided to us by your executor, administrator or legal representativenext maturity date. Where a Joint Account owner dies, we may require the surviving Joint Account owner to IRS Backup Withholding If you do not provide us with certain documentation satisfactory to us before your correct Tax Identification Number (Social Security Number or Employer Identification Number) and the required certification, or if we will release receive a notice from the remaining funds in a Joint Account. Transferring Account Ownership. You Internal Revenue Service (“IRS”), the interest earned on your account may not transfer, assign or pledge any account without our express written consent, which we may withhold in our sole discretion. Any transfer, assignment or pledge that we permit will be subject to our right of set-off and security interests to the fullest extent permitted by applicable law. If you wish to change the ownership of your account, we may require that the change be made by closing the account and opening a new account in the name of the new owner(s) of the account. Disputed Ownership of an Account. If we receive any conflicting instructions or claims to funds that are in an account, we may, in our sole discretion: (a) restrict the account and deny access to the funds; (b) hold the funds without liability to anyone until the conflicting claims are resolved to our satisfaction; (c) close the account and send the funds to the owner(s) of the account federal backup withholding at the address on our records; and/or (d) refer the matter to an appropriate court or arbitrator for judgment or decision. (See also the “Dispute Resolution” section at the end of this agreementIRS-mandated rate.) If we are notified of a dispute, we do not have to decide if the dispute has merit before we take further action. We may take these actions without any liability and without advance notice, unless required by applicable law. Levies and Garnishments. We must comply if we are served with any notice of garnishment or attachment, tax levy, injunction, restraining order, subpoena, or other legal process relating to your account. We may charge a legal process fee and may assess this fee against any account you maintain with us, including the account that is subject to the legal process. Levies and garnishments are subject to our right of set-off and security interests to the fullest extent permitted by applicable law. CLOSING OR FREEZING ACCOUNTS, INACTIVE ACCOUNTS Closing or Freezing Accounts. We may, at any time and without notice to you, close your account and terminate this agreement as to that account (except for those provisions of this agreement that are intended to survive account closing and termination) or freeze your account (close your account to further deposits, withdrawals, funds transfers and other account activity), if we believe the account was used in a manner that is inconsistent with the terms of this agreement; for example, by: Providing incorrect or misleading data to us when opening the account or at any time; Maintaining the account at a zero balance for 180 days or more; Exceeding any maximum principal balance or transaction dollar or frequency limits that we may have established in our discretion from time to time; Repeatedly exceeding the transfer frequency limitations for your High Yield Savings account disclosed in the “Transaction Limitations” section of the “Truth in Savings Disclosure”; Overdrawing the account; Engaging or attempting to engage in activity we believe is illegal or fraudulent; Residing outside the United States, APO/FPO, Puerto Rico, U.S. Virgin Islands, Guam, American Samoa or Northern Mariana Islands (or, if applicable, outside another U.S. territory or U.S. possession where we offer the account); Failing to fund the account within 30 days after we approve your application; Using or attempting to use the account for business or commercial purposes; or Linking or attempting to link your account to an account that you do not own or to a business account. We may also close your account at any time by giving you reasonable notice and returning your account balance to you electronically or by mail. Reasonable notice depends on the circumstances, and, in some cases, it might be reasonable for us to give you notice after we have closed or frozen the account. For instance, if we suspect fraudulent activity, we might immediately close or freeze your account and then give you notice. We may refuse to pay any debits or other items presented or re-presented to us for payment after we close or freeze your account, but we are not obligated to refuse to pay those debits or other items, and we will not be liable if we pay any debit or other item presented after we close or freeze your account.

Appears in 2 contracts

Samples: Bancorp Bank Account Agreement Terms and Conditions, Bancorp Bank Account Agreement Terms and Conditions

Death or Incompetence. You agree to notify us promptly in writing if any account holder owner or other person with a right to withdraw funds from authorized signer on your account dies or becomes legally incompetent. We may continue to honor all instructions and funds transfer requests from such is declared incompetent by a person until: (a) we know, with reasonable certainty, of the death or legal incompetence of an account holder or other person with a right to withdraw funds, and (b) we have had a reasonable opportunity to act on that knowledge. You agree that we may honor funds transfers requested or initiated on or before the date of death or legal incompetence of an account holder or other person with a right to withdraw funds for up to ten (10) days after we determine that death or legal incompetence occurred, unless we are ordered to stop payment by someone with or claiming a legitimate interest in the account. We may require a reasonable proof of death or adjudication of incompetencecourt. Until we receive a notice and any required proof of death or incompetenceincompetency, we may act with respect to any account or service as if all account holders and owners, signers or other persons with a right to withdraw funds are alive and competent. We may restrict access to your account upon notice of your death or legal incompetence until the appropriate documentation is provided to us by your executor, administrator or legal representative. Where a Joint Account owner dies, we may require the surviving Joint Account owner to provide us with certain documentation satisfactory to us before we will release the remaining funds in a Joint Account. Transferring Account Ownership. You may not transfer, assign or pledge any account without our express written consent, which we may withhold in our sole discretion. Any transfer, assignment or pledge that we permit will be subject to our right of set-off and security interests to the fullest extent permitted by applicable law. If you wish to change the ownership of your account, we may require that the change be made by closing the account and opening a new account in the name of the new owner(s) of the account. Disputed Ownership of an Account. If we receive any conflicting instructions or claims to funds that are in an account, we may, in our sole discretion: (a) restrict the account and deny access to the funds; (b) hold the funds without liability to anyone until the conflicting claims are resolved to our satisfaction; (c) close the account and send the funds to the owner(s) of the account at the address on our records; and/or (d) refer the matter to an appropriate court or arbitrator for judgment or decision. (See also the “Dispute Resolution” section at the end of this agreement.) If we are notified of a dispute, we do not have to decide if the dispute has merit before we take further action. We may take these actions without any liability and without advance notice, unless required by applicable law. Levies and Garnishments. We must comply if we are served with any notice of garnishment or attachment, tax levy, injunction, restraining order, subpoena, or other legal process relating to your account. We may charge a legal process fee and may assess this fee against any account you maintain with us, including the account that is subject to the legal process. Levies and garnishments are subject to our right of set-off and security interests to the fullest extent permitted by applicable law. CLOSING OR FREEZING ACCOUNTS, INACTIVE ACCOUNTS Closing or Freezing Accounts. We may, at any time and without notice to you, close your account and terminate this agreement as to that account (except for those provisions of this agreement that are intended to survive account closing and termination) or freeze your account (close your account to further deposits, withdrawals, funds transfers and other account activity), if we believe the account was used in a manner that is inconsistent with the terms of this agreement; for example, by: Providing incorrect or misleading data to us when opening the account or at any time; Maintaining the account at a zero balance for 180 days or more; Exceeding any maximum principal balance or transaction dollar or frequency limits that we may have established in our discretion from time to time; Repeatedly exceeding the transfer frequency limitations for your High Yield Savings account disclosed in the “Transaction Limitations” section of the “Truth in Savings Disclosure”; Overdrawing the account; Engaging or attempting to engage in activity we believe is illegal or fraudulent; Residing outside the United States, APO/FPO, Puerto Rico, U.S. Virgin Islands, Guam, American Samoa or Northern Mariana Islands (or, if applicable, outside another U.S. territory or U.S. possession where we offer the account); Failing to fund the account within 30 days after we approve your application; Using or attempting to use the account for business or commercial purposes; or Linking or attempting to link your account to an account that you do not own or to a business account. We may also close your account at any time by giving you reasonable notice and returning your account balance to you electronically or by mail. Reasonable notice depends on the circumstances, and, in some cases, it might be reasonable for us to give you notice after we have closed or frozen the account. For instance, if we suspect fraudulent activity, we might immediately close or freeze your account and then give you notice. We may refuse to pay any debits or other items presented or re-presented to us for payment after we close or freeze your account, but we are not obligated to refuse to pay those debits or other items, competent and we will not be liable if we pay for any debit actions or other item presented after we close or freeze inactions taken on that basis. If you give us instructions regarding your account, and you or another owner of the account subsequently dies or is declared incompetent, we may act on the instructions unless we receive written notice of death or incompetency prior to honoring such instructions. When we receive a notice that an owner has died or been declared incompetent, we may place a hold on your account and refuse to accept deposits or permit withdrawals. We may hold any funds in your account until we know the identity of the successor. If a deposit — including salary, pension, Social Security and Supplemental Security Income (SSI) — payable to the deceased owner is credited to the account after the date the deceased owner died, we may debit the account for the deposit and return it to the payer. You may not have access to the funds in the account until a possible reclamation is resolved. We may accept and comply with court orders and take direction from court appointed personal representatives, guardians, or conservators from states or countries other than where your account was opened or where the account, property, or records are held. We reserve the right to require U.S. court documents for customers who reside outside the U.S. at the time of incompetence or death. Facsimile Signature A facsimile signature can be a convenient method for signing or endorsing documents and other items. If you use a facsimile signature, you are responsible for any withdrawal from your account that bears or appears to us to bear a facsimile signature that resembles or purports to be the signature of a person authorized to withdraw funds. We will not be liable to you if use of the facsimile device (or similar device utilized to affix your signature) was unauthorized. You are responsible even if the size, or color of the facsimile signature is different from that of any signature previously presented to us. We may pay the withdrawal and may charge your account for it. You agree to reimburse us (and we may charge your account) for all claims, costs, losses and damages, including attorneys’ fees, resulting from our payment of a withdrawal bearing either a facsimile that resembles or purports to bear your signature or a facsimile we believe you authorized. FDIC Insurance Deposits with Community Bank are insured by the Federal Deposit Insurance Corporation (FDIC), which insures funds in deposit account up to $250,000 per depositor at each insured bank. These limits are subject to change. Please also note the FDIC’s regulations define “per depositor” in terms of different ownership capacities. Thus, the same depositor can receive multiples of the basic maximum insurance coverage at a single insured bank, where different accounts are owned in certain capacities – for example, individual accounts, joint accounts, Individual Retirement Accounts (IRAs) and POD/trust accounts. Please visit xxx.xxxx.xxx for details.

Appears in 2 contracts

Samples: Deposit Agreement, Deposit Agreement

Death or Incompetence. You agree to notify us promptly in writing if any account holder owner or other person with a right to withdraw funds from authorized signer on your account dies or becomes legally incompetent. We may continue to honor all instructions and funds transfer requests from such is declared incompetent by a person until: (a) we know, with reasonable certainty, of the death or legal incompetence of an account holder or other person with a right to withdraw funds, and (b) we have had a reasonable opportunity to act on that knowledge. You agree that we may honor funds transfers requested or initiated on or before the date of death or legal incompetence of an account holder or other person with a right to withdraw funds for up to ten (10) days after we determine that death or legal incompetence occurred, unless we are ordered to stop payment by someone with or claiming a legitimate interest in the account. We may require a reasonable proof of death or adjudication of incompetencecourt. Until we receive a notice and any required proof of death or incompetenceincompetency, we may act with respect to any account or service as if all account holders and owners, signers or other persons with a right to withdraw funds are alive and competent. We may restrict access to your account upon notice of your death or legal incompetence until the appropriate documentation is provided to us by your executor, administrator or legal representative. Where a Joint Account owner dies, we may require the surviving Joint Account owner to provide us with certain documentation satisfactory to us before we will release the remaining funds in a Joint Account. Transferring Account Ownership. You may not transfer, assign or pledge any account without our express written consent, which we may withhold in our sole discretion. Any transfer, assignment or pledge that we permit will be subject to our right of set-off and security interests to the fullest extent permitted by applicable law. If you wish to change the ownership of your account, we may require that the change be made by closing the account and opening a new account in the name of the new owner(s) of the account. Disputed Ownership of an Account. If we receive any conflicting instructions or claims to funds that are in an account, we may, in our sole discretion: (a) restrict the account and deny access to the funds; (b) hold the funds without liability to anyone until the conflicting claims are resolved to our satisfaction; (c) close the account and send the funds to the owner(s) of the account at the address on our records; and/or (d) refer the matter to an appropriate court or arbitrator for judgment or decision. (See also the “Dispute Resolution” section at the end of this agreement.) If we are notified of a dispute, we do not have to decide if the dispute has merit before we take further action. We may take these actions without any liability and without advance notice, unless required by applicable law. Levies and Garnishments. We must comply if we are served with any notice of garnishment or attachment, tax levy, injunction, restraining order, subpoena, or other legal process relating to your account. We may charge a legal process fee and may assess this fee against any account you maintain with us, including the account that is subject to the legal process. Levies and garnishments are subject to our right of set-off and security interests to the fullest extent permitted by applicable law. CLOSING OR FREEZING ACCOUNTS, INACTIVE ACCOUNTS Closing or Freezing Accounts. We may, at any time and without notice to you, close your account and terminate this agreement as to that account (except for those provisions of this agreement that are intended to survive account closing and termination) or freeze your account (close your account to further deposits, withdrawals, funds transfers and other account activity), if we believe the account was used in a manner that is inconsistent with the terms of this agreement; for example, by: Providing incorrect or misleading data to us when opening the account or at any time; Maintaining the account at a zero balance for 180 days or more; Exceeding any maximum principal balance or transaction dollar or frequency limits that we may have established in our discretion from time to time; Repeatedly exceeding the transfer frequency limitations for your High Yield Savings account disclosed in the “Transaction Limitations” section of the “Truth in Savings Disclosure”; Overdrawing the account; Engaging or attempting to engage in activity we believe is illegal or fraudulent; Residing outside the United States, APO/FPO, Puerto Rico, U.S. Virgin Islands, Guam, American Samoa or Northern Mariana Islands (or, if applicable, outside another U.S. territory or U.S. possession where we offer the account); Failing to fund the account within 30 days after we approve your application; Using or attempting to use the account for business or commercial purposes; or Linking or attempting to link your account to an account that you do not own or to a business account. We may also close your account at any time by giving you reasonable notice and returning your account balance to you electronically or by mail. Reasonable notice depends on the circumstances, and, in some cases, it might be reasonable for us to give you notice after we have closed or frozen the account. For instance, if we suspect fraudulent activity, we might immediately close or freeze your account and then give you notice. We may refuse to pay any debits or other items presented or re-presented to us for payment after we close or freeze your account, but we are not obligated to refuse to pay those debits or other items, competent and we will not be liable if we pay for any debit actions or other item presented after we close or freeze inactions taken on that basis. If you give us instructions regarding your account, and you or another owner of the account subsequently dies or is declared incompetent, we may act on the instructions unless we receive written notice of death or incompetency prior to honoring such instructions. When we receive a notice that an owner has died or been declared incompetent, we may place a hold on your account and refuse to accept deposits or permit withdrawals. We may hold any funds in your account until we know the identity of the successor. If a deposit — including salary, pension, Social Security and Supplemental Security Income (SSI) — payable to the deceased owner is credited to the account after the date the deceased owner died, we may debit the account for the deposit and return it to the payer. You may not have access to the funds in the account until a possible reclamation is resolved. We may accept and comply with court orders and take direction from court appointed personal representatives, guardians, or conservators from states or countries other than where your account was opened or where the account, property, or records are held. We reserve the right to require U.S. court documents for customers who reside outside the U.S. at the time of incompetence or death. Facsimile Signature‌ A facsimile signature can be a convenient method for signing or endorsing documents and other items. If you use a facsimile signature, you are responsible for any withdrawal from your account that bears or appears to us to bear a facsimile signature that resembles or purports to be the signature of a person authorized to withdraw funds. We will not be liable to you if use of the facsimile device (or similar device utilized to affix your signature) was unauthorized. You are responsible even if the size, or color of the facsimile signature is different from that of any signature previously presented to us. We may pay the withdrawal and may charge your account for it. You agree to reimburse us (and we may charge your account) for all claims, costs, losses and damages, including attorneys’ fees, resulting from our payment of a withdrawal bearing either a facsimile that resembles or purports to bear your signature or a facsimile we believe you authorized. FDIC Insurance‌ Deposits with Community Bank are insured by the Federal Deposit Insurance Corporation (FDIC), which insures funds in deposit account up to $250,000 per depositor at each insured bank. These limits are subject to change. Please also note the FDIC’s regulations define “per depositor” in terms of different ownership capacities. Thus, the same depositor can receive multiples of the basic maximum insurance coverage at a single insured bank, where different accounts are owned in certain capacities – for example, individual accounts, joint accounts, Individual Retirement Accounts (IRAs) and POD/trust accounts. Please visit xxx.xxxx.xxx for details.

Appears in 1 contract

Samples: Deposit Agreement

Death or Incompetence. You agree to notify us promptly in writing if any account holder or other person with a right to withdraw funds from use your account KlaDot Account dies or becomes legally is adjudicated incompetent. We may continue to honor all your transactions and instructions and funds transfer requests from such a person until: (a) we know, with reasonable certainty, know of the your death or legal incompetence adjudication of an account holder or other person with a right to withdraw fundsincompetence, and (b) we have had a reasonable opportunity to act on that knowledge. You agree that we may honor funds transfers requested pay or initiated certify transactions made on or before the date of death or legal adjudication of incompetence of an account holder or other person with a right to withdraw funds for up to ten (10) 10 days after we determine that your death or legal adjudication of incompetence occurred, unless we are ordered to stop payment by someone with or claiming a legitimate an interest in the accountKlaDot Account. No Waiver. If we fail to exercise any right, that does not mean that we waive that right or any other right, and we may still enforce all of our rights in the future. Headings and Rules of Construction. The headings in this Agreement are for convenience or reference only and will not govern the interpretation of the provisions. Unless it would be inconsistent to do so, words and phrases used in this Agreement should be construed so the singular includes the plural and the plural includes the singular. Changes to this Agreement. We may require a reasonable proof change the terms and conditions of death or adjudication this Agreement, including fees and features of incompetence. Until we receive notice and your KlaDot Account, at any required proof of death or incompetence, we may act as if all account holders and other persons with a right to withdraw funds are alive and competenttime. We may restrict access to your account upon notice will notify you in advance of your death or legal incompetence until the appropriate documentation is provided to us by your executor, administrator or legal representative. Where a Joint Account owner dies, we may require the surviving Joint Account owner to provide us with certain documentation satisfactory to us before we will release the remaining funds in a Joint Account. Transferring Account Ownership. You may not transfer, assign or pledge any account without our express written consent, which we may withhold in our sole discretion. Any transfer, assignment or pledge that we permit will be subject to our right of set-off and security interests to the fullest extent permitted such change when required by applicable law. If we have notified you wish of a change to change this Agreement and you continue to use your KlaDot Account after the ownership effective date of your accountthe change, we may require that you have agreed to the change change. Notices will be made by closing available on our App and website, or delivered electronically using the account and opening a new account in the name of the new owner(s) of the accountmost recent contact information we have on file for you. Disputed Ownership of an Legal Actions Affecting Your Account. If we receive are served with a subpoena, restraining order, writ of attachment or execution, levy, garnishment, search warrant, or similar order relating to your KlaDot Account (Legal Action), we will comply with that Legal Action. Or, in our discretion, we may freeze the assets in your Deposit Account and not allow any conflicting instructions payments out of your Deposit Account, or claims use of the KlaDot Card(s) for obligations secured by your Deposit Account, until a final court determination regarding the legal action. We may do these things even if the legal action involves less than all of your funds in your Deposit Account. In these cases, we will not have any liability to you if there are insufficient funds to pay your items because we have withdrawn funds from your Deposit Account or in any way restricted access to your funds in accordance with the legal action. Any fees or expenses we incur in responding to any legal action (including attorneys' fees and our internal expenses) may be charged against your KlaDot Account. The Fee Schedule may specify additional fees that we may charge for certain legal actions. Illegal Activities. You agree not to use your KlaDot Account for any illegal activity. We may refuse any gambling transaction, whether lawful or not. Inactive and Unclaimed Accounts. Each state has laws that govern when accounts are considered inactive or abandoned, and when we are required to send a customer funds to the state. We encourage you to make sure your KlaDot Account remains active by signing in an accountto the App or making transactions. After a specified period of time determined by the law of the state of your residence (as shown in our records), if we are not able to locate you, we will be required to deliver your Deposit Account to the state as abandoned property. You will then need to apply to the state for return of your funds. If your KlaDot Account is or has been inactive, we may, in our sole discretion: (a) restrict the account and deny access , refuse to the funds; (b) hold the funds without liability to anyone until the conflicting claims are resolved to our satisfaction; (c) close the account and send the funds to the owner(s) of the account at the address on our records; and/or (d) refer the matter to an appropriate court or arbitrator honor requests for judgment or decision. (See also the “Dispute Resolution” section at the end of this agreement.) If we are notified of a dispute, we do not have to decide if the dispute has merit before we take further action. We may take these actions without any liability and without advance notice, unless required by applicable law. Levies and Garnishments. We must comply if we are served with any notice of garnishment or attachment, tax levy, injunction, restraining order, subpoena, withdrawals or other legal process relating to transactions on your account. We may charge a legal process fee and may assess this fee against any account you maintain with us, including the account that is subject to the legal process. Levies and garnishments are subject to our right of set-off and security interests to the fullest extent permitted by applicable law. CLOSING OR FREEZING ACCOUNTS, INACTIVE ACCOUNTS Closing or Freezing Accounts. We may, at any time and without notice to you, close your account and terminate this agreement as to that account (except for those provisions of this agreement that are intended to survive account closing and termination) or freeze your account (close your account to further deposits, withdrawals, funds transfers and other account activity), if we believe the account was used in a manner that is inconsistent with the terms of this agreement; for example, by: Providing incorrect or misleading data to us when opening the account or at any time; Maintaining the account at a zero balance for 180 days or more; Exceeding any maximum principal balance or transaction dollar or frequency limits that we may have established in our discretion from time to time; Repeatedly exceeding the transfer frequency limitations for your High Yield Savings account disclosed in the “Transaction Limitations” section of the “Truth in Savings Disclosure”; Overdrawing the account; Engaging or attempting to engage in activity we believe is illegal or fraudulent; Residing outside the United States, APO/FPO, Puerto Rico, U.S. Virgin Islands, Guam, American Samoa or Northern Mariana Islands (or, if applicable, outside another U.S. territory or U.S. possession where we offer the account); Failing to fund the account within 30 days after we approve your application; Using or attempting to use the account for business or commercial purposes; or Linking or attempting to link your account to an account that you do not own or to a business account. We may also close your account at any time by giving you reasonable notice and returning your account balance to you electronically or by mail. Reasonable notice depends on the circumstances, and, in some cases, it might be reasonable for us to give you notice KlaDot Account until after we have closed or frozen verified that you have authorized the account. For instance, if we suspect fraudulent activity, we might immediately close or freeze your account and then give you notice. We may refuse to pay any debits or other items presented or re-presented to us for payment after we close or freeze your account, but we are not obligated to refuse to pay those debits or other items, and we will not be liable if we pay any debit or other item presented after we close or freeze your accountrequest.

Appears in 1 contract

Samples: Account Agreement

Death or Incompetence. You or your appointed party, designee, or appointed individual as determined to our satisfaction agree to notify us promptly in writing if any account holder Agent or other person with a right to withdraw funds from signatory rights on your account dies or becomes legally incompetentincompetent or incapacitated. We may continue to honor all instructions such checks and funds transfer requests from such a person until: items until (a) we know, with reasonable certainty, know of the fact of death or of a legal determination of incompetence of an account holder or other person with a right to withdraw funds, incapacitation and (b) we have had a reasonable opportunity to act on that knowledge. You agree that that, even if we have knowledge of death of an Agent or person with signatory rights, we may honor funds transfers requested or initiated pay checks drawn on or before the date of death or legal incompetence of an account holder or other person with a right to withdraw funds for up to ten (10) 10 days after we determine that death or legal incompetence occurreddate, unless we are ordered to stop payment by someone with or claiming a legitimate an interest in the account. We may require additional documentation to confirm any claims made on the account. Facsimile Signatures Before using any form of facsimile signature in connection with a reasonable proof Deposit Account, you agree to submit a sample to us and to execute and deliver agreements in a form we require. When you use a facsimile signature, you agree you shall have the sole responsibility for ensuring the security of death the facsimile signature, and you bear the entire risk for unauthorized use thereof, whether or adjudication not you are negligent, except where it may be required by law. You agree that no facsimile signature we have been authorized to honor may be considered a forgery or an unauthorized signature, and that such facsimile shall be effective as your signature or endorsement, whether or not you have been negligent. You further agree to indemnify us and hold us harmless from and against any and all losses, costs, damages, liabilities, or exposures we or you may suffer or incur as a result of incompetencethe unlawful use, unauthorized use, or misuse by any person of any such facsimile or automated signature or the device by which it is affixed. Until we receive notice Fees and Charges You agree to pay the charges as shown on the Schedule of Fees, which is provided with this Agreement and is posted on our website, the address of which appears at the beginning of this Agreement. Fees or charges incurred on your account will be deducted directly from the account balance, except as prohibited by law. In the event your account balance is less than the fee amount being assessed, the entire account balance will be applied to the fee amount, and any required proof of death or incompetenceUNPAID FEE AMOUNTS WILL BE PENDED UNTIL A DEPOSIT IS RECEIVED, we may act as if all account holders and other persons with AT WHICH TIME THE UNPAID FEE AMOUNT WILL BE DEDUCTED FROM YOUR ACCOUNT BALANCE. If a right to withdraw funds are alive and competent. We may restrict access fee is pended, any subsequent deposits made to your account upon notice of will first be applied to any negative balance and any pended fees. This means your death or legal incompetence until the appropriate documentation is provided to us by your executor, administrator or legal representative. Where a Joint Account owner dies, we may require the surviving Joint Account owner to provide us with certain documentation satisfactory to us before we will release the remaining funds in a Joint Account. Transferring Account Ownership. You may not transfer, assign or pledge any account without our express written consent, which we may withhold in our sole discretion. Any transfer, assignment or pledge that we permit balance will be subject to our right of set-off and security interests to the fullest extent permitted by applicable law. If you wish to change the ownership of less than your account, we may require that the change be made by closing the account and opening a new account in the name of the new owner(s) of deposit into the account. Disputed Ownership of an Account. If we receive We will not be held liable for any conflicting instructions or claims to funds items that are dishonored or any other debts that may occur from the deduction of charges as stated in an account, this Agreement. Interest Rates Your account may earn interest at such a rate and compounding frequency as we may, disclose to you in our sole discretion: the interest rate and annual percentage yield (aAPY) restrict the account and deny access disclosures we provide to the funds; (b) hold the funds without liability to anyone until the conflicting claims are resolved to our satisfaction; (c) close the account and send the funds to the owner(s) of the account at the address on our records; and/or (d) refer the matter to an appropriate court or arbitrator for judgment or decision. (See also the “Dispute Resolution” section at the end of this agreement.) If we are notified of a dispute, we do not have to decide if the dispute has merit before we take further action. We may take these actions without any liability and without advance notice, unless required by applicable law. Levies and Garnishments. We must comply if we are served with any notice of garnishment or attachment, tax levy, injunction, restraining order, subpoena, or other legal process relating to you when you open your account. We may charge a legal process fee Current interest rates and may assess this fee against any account you maintain with us, including the account that is subject APYs applicable to the legal process. Levies and garnishments are subject to our right of set-off and security interests to the fullest extent permitted by applicable law. CLOSING OR FREEZING ACCOUNTS, INACTIVE ACCOUNTS Closing or Freezing Accounts. We may, at any time and without notice to you, close your account and terminate this agreement as to that account (except for those provisions are posted on our website, the address of which appears at the beginning of this agreement that are intended to survive account closing and termination) or freeze your account (close your account to further deposits, withdrawals, funds transfers and other account activity), if we believe the account was used in a manner that is inconsistent with the terms of this agreement; for example, by: Providing incorrect or misleading data to us when opening the account or at any time; Maintaining the account at a zero balance for 180 days or more; Exceeding any maximum principal balance or transaction dollar or frequency limits that we may have established in our discretion from time to time; Repeatedly exceeding the transfer frequency limitations for your High Yield Savings account disclosed in the “Transaction Limitations” section of the “Truth in Savings Disclosure”; Overdrawing the account; Engaging or attempting to engage in activity we believe is illegal or fraudulent; Residing outside the United States, APO/FPO, Puerto Rico, U.S. Virgin Islands, Guam, American Samoa or Northern Mariana Islands (or, if applicable, outside another U.S. territory or U.S. possession where we offer the account); Failing to fund the account within 30 days after we approve your application; Using or attempting to use the account for business or commercial purposes; or Linking or attempting to link your account to an account that you do not own or to a business account. We may also close your account at any time by giving you reasonable notice and returning your account balance to you electronically or by mail. Reasonable notice depends on the circumstances, and, in some cases, it might be reasonable for us to give you notice after we have closed or frozen the account. For instance, if we suspect fraudulent activity, we might immediately close or freeze your account and then give you notice. We may refuse to pay any debits or other items presented or re-presented to us for payment after we close or freeze your account, but we are not obligated to refuse to pay those debits or other items, and we will not be liable if we pay any debit or other item presented after we close or freeze your account.Agreement

Appears in 1 contract

Samples: Bancorp Bank Account Agreement

Death or Incompetence. You agree to notify us the Bank promptly in writing if any account holder owner or other person with a right to withdraw funds from authorized signer on your account dies or becomes legally incompetentis declared incompetent by a court of appropriate jurisdiction. We may continue place a hold on an account and refuse to honor all instructions accept deposits or requests for withdrawal upon receipt of notice that the owner or signer has died or has been declared incompetent by a court of appropriate jurisdiction. We will not release funds to a successor, or to a representative of a deceased owner’s estate, or to a conservator for an owner except upon submission of documentation demonstrating the death or incompetence of the customer and funds transfer requests from such the authority of the representative, successor, or conservator to take possession or delivery of the funds. Where a person until: (a) we knownon-owner signer on an account dies or is declared incompetent, with reasonable certainty, our general rules regarding changing signers on accounts will apply. Until the Bank has received written notice of the death or legal incompetence of any account signer, it may rely and act upon the signature of each such deceased signer. We may suspend, refuse, and reverse any transactions or deposits (for example, automatic federal direct deposits of benefit payments belonging to the decedent) if any owner or authorized signer dies or is declared by a court to be incompetent. Upon the death of an accountholder, the manner in which we release the account or any interest in the account will depend on the vesting of the account, the size of the estate, and/or the state of residence at the time of death. To determine how the account or your interest in an account holder must be released upon your death, we may require your successor or personal representative to submit a certified copy of your death certificate and any other documents we deem necessary, at our sole discretion, to establish who is entitled to delivery of your account or your share of the account. Examining Statements and Reporting Problems‌ This section applies to any problem or unauthorized transaction on your account, except electronic transactions that are subject to Regulation E. You must exercise reasonable control over your statements, personal identification numbers (PINs) and other access devices. It is your responsibility to keep them safe and secure and to promptly discover and report if any of them are missing in time to prevent misuse. You assume full responsibility for monitoring and reviewing the activity of your account and the work of any agents or accountants you may engage. We may deny a claim for losses due to forged, altered, or unauthorized transactions, items, or signatures if you do not guard against improper access to your statements and account information. You agree to promptly and carefully review your account statement and any accompanying items. You must report problems or unauthorized transactions to us immediately, by calling the number for Customer Service on your statement. We may require written confirmation of your claim, including an affidavit signed by you on a form acceptable to us. Problems or unauthorized transactions include: suspected fraud; missing deposits; unauthorized electronic transfers; unauthorized withdrawal orders; withdrawal orders bearing an unauthorized signature, endorsement or alteration; illegible images; encoding errors made by you or us; and counterfeit checks. You agree that 60 days after we send a statement and items (or otherwise make them available) is the maximum reasonable amount of time for you to review your statement or items and report any problem or unauthorized transaction related to a matter shown on the statement or items. In addition, if you do not notify us in writing of suspected problems or unauthorized transactions within 60 days after we send your statement or items, or otherwise make them available, you agree that you cannot make a claim against us relating to the unreported problems or unauthorized transactions, regardless of the care or lack of care we may have exercised in handling your account. In addition, if you fail to report an unauthorized transaction on your account within 30 days (or such lesser period as is specified in the state law applicable to your account) following the closing date of the statement containing information about the first unauthorized transaction, we are not liable to you for subsequent unauthorized transactions on your account by the same person. You may not bring any legal proceeding or action against us to recover any amount alleged to have been improperly paid out of your account unless you have given us the notice described above. If there are any unauthorized transactions on your account, we recommend that you close your current account and open a new one. If you do not do so, we are not liable to you for subsequent losses or damages on the account due to forgery, fraud or other person unauthorized use. When you open a new account, you are responsible for notifying any third parties that need to know your new account number. If you report to us that a forgery, alteration or other unauthorized transaction has occurred on your account, you agree to cooperate with a right us in the investigation and prosecution of your claim and any attempt to withdraw recover funds, . You agree to provide us with an affidavit containing the information we require concerning the transaction. We may deny your claim if you fail to provide us with any affidavit we require. You also agree to assist us in identifying and (b) we have had a reasonable opportunity to act on that knowledgeprosecuting the suspected wrongdoer(s). You agree that we may honor funds transfers requested have a reasonable period of time to investigate the facts and circumstances surrounding any claimed loss and that we have no obligation to provisionally credit your account. Our maximum liability is the lesser of your actual damages proved or initiated on the amount of the missing deposit or before the date of death or legal incompetence of an account holder forgery, alteration or other person with a right to withdraw funds for up to ten (10) days after we determine unauthorized withdrawal, reduced in all cases by the amount of the loss that death or legal incompetence occurred, unless we are ordered to stop payment could have been avoided by someone with or claiming a legitimate interest in the accountyour use of ordinary care. We may require a reasonable proof are not liable to you for special or consequential losses or damages of death any kind, including loss of profits and opportunity or adjudication of incompetencefor attorneys' fees incurred by you. Until we receive notice and any required proof of death or incompetence, we may act as if all account holders and other persons with a right to withdraw funds are alive and competent. We may restrict access to your account upon notice of your death or legal incompetence until the appropriate documentation is provided to us by your executor, administrator or legal representative. Where a Joint Account owner dies, we may require the surviving Joint Account owner to provide us with certain documentation satisfactory to us before we will release the remaining funds in a Joint Account. Transferring Account Ownership. You may not transfer, assign or pledge any account without our express written consent, which we may withhold in our sole discretion. Any transfer, assignment or pledge that we permit will be subject to our right of set-off and security interests to the fullest extent permitted by applicable law. If you wish to change the ownership of your account, we may require that the change be made by closing the account and opening a new account in the name of the new owner(s) of the account. Disputed Ownership of an Account. Legal Processes‌ If we receive any conflicting instructions or claims to funds that are in an account, we may, in our sole discretion: (a) restrict the account and deny access to the funds; (b) hold the funds without liability to anyone until the conflicting claims are resolved to our satisfaction; (c) close the account and send the funds to the owner(s) of the account at the address on our records; and/or (d) refer the matter to an appropriate court or arbitrator for judgment or decision. (See also the “Dispute Resolution” section at the end of this agreement.) If we are notified of a dispute, we do not have to decide if the dispute has merit before we take further action. We may take these actions without any liability and without advance notice, unless required by applicable law. Levies and Garnishments. We must comply if we are served with any notice of garnishment or attachment, tax levy, injunction, restraining order, subpoena, or other legal process relating to your account, we may accept and act on any legal process we believe to be valid without any liability by us to you, whether served in person, by mail, by facsimile, or other means, at locations other than our headquarters where your account, property or records are held. A legal process includes subpoenas, restraining orders, injunction, writ of attachment or execution, levy, garnishment, tax withholding order, search warrant, forfeiture, or other similar order relating to your account. You agree to this and direct us not to contest the legal process. We will hold and turn over funds or other property to the court or creditor as directed by the legal process. We do not pay interest on the funds during the period we hold them. If the funds are held in a time deposit, we may impose an early withdrawal penalty. Please refer to the xxxx.xxxx Disclosure of Products and Fees for penalty details. We may charge impose a legal process fee for each order. We may deduct the fee from your account. You agree to pay any fees and may assess this fee against any account you maintain with usexpenses we incur for research and copying of documents and all other expenses, including attorneys’ fees, which we may incur in responding to any legal process related to your account. We may deduct these fees and expenses from any of your accounts without prior notice. Any garnishment, attachment or other levy against your account is subject to our right of setoff and any security interest we have in the account. You agree that we are not liable to you for not paying items because we have held or withdrawn funds from your account or in any way restricted access to funds because of a legal process. If we receive a subpoena or other legal process for information about your account and we believe it requires our compliance, we may release the information. If the legal process directs us to release information about an account that is reported on a combined statement, we may release the entire combined statement, even if other accounts on the combined statement are not subject to the legal process. Levies and garnishments are subject to our right of set-off and security interests to If the fullest extent permitted by applicable law. CLOSING OR FREEZING ACCOUNTSlegal process requests information about one account owner or signer, INACTIVE ACCOUNTS Closing or Freezing Accounts. We may, at any time and without notice to you, close your account and terminate this agreement as to that account (except for those provisions of this agreement that are intended to survive account closing and termination) or freeze your account (close your account to further deposits, withdrawals, funds transfers and other account activity), if we believe the account was used in a manner that is inconsistent with the terms of this agreement; for example, by: Providing incorrect or misleading data to us when opening the account or at any time; Maintaining the account at a zero balance for 180 days or more; Exceeding any maximum principal balance or transaction dollar or frequency limits that we may have established in our discretion from time to time; Repeatedly exceeding the transfer frequency limitations for your High Yield Savings account disclosed in the “Transaction Limitations” section of the “Truth in Savings Disclosure”; Overdrawing release information about other co-owners or signers on the account; Engaging , even if the other co-owners or attempting signers are not covered by the legal process. Notice of Withdrawal‌ Federal regulation requires the Bank to engage in activity we believe is illegal or fraudulent; Residing outside reserve the United States, APO/FPO, Puerto Rico, U.S. Virgin Islands, Guam, American Samoa or Northern Mariana Islands right to require seven (or, if applicable, outside another U.S. territory or U.S. possession where we offer 7) days prior written notice of withdrawal from any Money Market Account. While the account); Failing to fund the account within 30 days after we approve your application; Using or attempting to use the account for business or commercial purposes; or Linking or attempting to link your account to an account that you do not own or to a business account. We may also close your account at any time by giving you reasonable notice and returning your account balance to you electronically or by mail. Reasonable notice depends on the circumstances, and, in some casesBank must reserve this right, it might be reasonable for us is not our general policy to give you notice after we have closed or frozen the account. For instance, if we suspect fraudulent activity, we might immediately close or freeze your account and then give you notice. We may refuse to pay any debits or other items presented or re-presented to us for payment after we close or freeze your account, but we are not obligated to refuse to pay those debits or other items, and we will not be liable if we pay any debit or other item presented after we close or freeze your accountexercise it.

Appears in 1 contract

Samples: www.earn.bank

Death or Incompetence. If we receive notice that the sole owner of an account is deceased, we will cease to honor transactions initiated on that account. We may, however, depending on the circumstances, honor disbursement instructions from any named pay-on-death beneficiary(ies), any person(s) appointed by a court as executor(s) or administrator(s) of the deceased owner’s estate, or any person(s) claiming to be successor(s) of the deceased owner under laws governing administration of small estates. If we receive notice that the sole owner of an account has been declared legally incompetent, we will cease to honor transactions initiated on that account, unless initiated by a person holding a valid power of attorney that includes power to transact on the account and survives the legal incompetence of the owner, or a court-appointed conservator or guardian for the property of the owner. If we receive competing instructions from persons claiming an interest in the account of a deceased or incompetent owner, we may freeze the account until we receive consistent written instructions from all claimants or a court order directing disbursement of the account. Inactive Account Fee Some accounts that have no member-initiated activity for a stated period of time may be subject to inactive account fees. The current Fee Schedule shows fee amounts and conditions for imposition. Crediting of dividends and debiting of fees do not constitute member-initiated activity. Closing Your Account You may terminate your Credit Union services at any time by notifying us orally or in writing, depending on the type of request. Termination of Credit Union services by you or by us will not relieve you of any obligations incurred prior to termination. We may require you to maintain your membership with the required minimum share account balance while you are paying off your outstanding obligations to us. Identification We reserve the right to verify your identity by any reasonable means before providing information to you. Our Responsibility for Following Your Instructions We reserve the right to verify your identity by any reasonable means prior to acting upon instructions. On accounts or loans with more than one Authorized Person, we can follow the instructions of any one Authorized Person. If a court orders that an account or loan be subject to multiple signature requirements, we reserve the right to close the affected account or loan due to our technical inability to honor such requirements. If we continue to make the account or loan available to you, you agree that you have sole responsibility to monitor compliance with and meet dual or multiple signature requirements and to defend and indemnify us from any liability or claims arising out of your failure to comply with multiple signature or similar requirements for joint authorization of transactions. We operate in an automated processing environment and cannot monitor compliance with multiple signature requirements imposed by third parties. We will follow your instructions on your accounts and loans. Instructions may be provided orally or in writing. Oral instructions will be honored only after we have confirmed the identity of the person giving the instructions. Instructions received via secure electronic transmission, such as PIN- initiated “Automated Teller Machine” (ATM) keypad or secure messaging within the Online Banking and Mobile Banking platforms, are treated as written instructions. We honor all valid court orders, legal process, and powers of attorney that govern your accounts or loans. Valid court orders and legal process (such as valid subpoenas) will prevail over conflicting instructions from Authorized Persons. We reserve the right to refuse to follow your instructions if (1) they are ambiguous, (2) we reasonably believe the instructions do not comply with applicable state or federal law, (3) an Authorized Person asks us not to allow transactions on an account or loan, (4) we receive conflicting instructions on accounts or loans with more than one Authorized Person, (5) we are unable to verify your identity, (6) we reasonably believe that following the instructions will cause the Credit Union a loss, or (7) any other lawful reason. Once we have followed the instructions of an Authorized Person, we are relieved from liability to any owner of the related account or obligor on the related loan unless our following the instructions violates a court order to which we are subject or we have agreed in writing to freeze the account or loan. Any disputes regarding actions taken on the account or loan must be resolved between or among the parties to the account or loan. You agree to notify defend, indemnify, and hold us promptly in writing harmless from any claims, damages, losses, liability, or expenses to which we become subject as a result of your violating court orders or agreements to which you are subject. For example, if any account holder or other person with a right family court order directs you not to withdraw funds from your a County Federal account dies or becomes legally incompetentand you withdraw the funds contrary to the order, you will be responsible for any claims related to the withdrawal and you agree to defend and indemnify us from any related claims. We may continue are not required to honor all instructions and funds transfer requests from such restrictive legends on items you write or endorse unless we have expressly agreed in writing to do so. For example, our negotiating a person until: loan payment check on which you have written “payment in full” will not discharge your loan obligation unless either (a) we know, with reasonable certainty, of have agreed in writing that the death payment will discharge your obligation or legal incompetence of an account holder or other person with a right to withdraw funds, and (b) we have had a reasonable opportunity to act on that knowledgethe check actually pays your loan balance in full, including accrued interest and other charges. You agree that we may honor funds transfers requested agree, at your sole expense, to defend, indemnify and hold us harmless from any claims, damages, losses, liability, or initiated on or before the date of death or legal incompetence of an account holder or other person with a right expenses to withdraw funds for up to ten (10) days after we determine that death or legal incompetence occurred, unless we are ordered to stop payment by someone with or claiming a legitimate interest in the account. We may require a reasonable proof of death or adjudication of incompetence. Until we receive notice and any required proof of death or incompetence, we may act as if all account holders and other persons with a right to withdraw funds are alive and competent. We may restrict access to your account upon notice of your death or legal incompetence until the appropriate documentation is provided to us by your executor, administrator or legal representative. Where a Joint Account owner dies, we may require the surviving Joint Account owner to provide us with certain documentation satisfactory to us before we will release the remaining funds in a Joint Account. Transferring Account Ownership. You may not transfer, assign or pledge any account without our express written consent, which we may withhold in become subject as a result of our sole discretion. Any transfer, assignment or pledge that we permit will be subject to our right of set-off and security interests to following the fullest extent permitted by applicable law. If you wish to change the ownership of your account, we may require that the change be made by closing the account and opening a new account in the name of the new owner(sinstructions (including electronic instructions) of the account. Disputed Ownership of an Account. If we receive any conflicting instructions or claims to funds that are in an account, we may, in our sole discretion: (a) restrict the account and deny access to the funds; (b) hold the funds without liability to anyone until the conflicting claims are resolved to our satisfaction; (c) close the account and send the funds to the owner(s) of the account at the address on our records; and/or (d) refer the matter to an appropriate court or arbitrator for judgment or decision. (See also the “Dispute Resolution” section at the end of this agreementAuthorized Person.) If we are notified of a dispute, we do not have to decide if the dispute has merit before we take further action. We may take these actions without any liability and without advance notice, unless required by applicable law. Levies and Garnishments. We must comply if we are served with any notice of garnishment or attachment, tax levy, injunction, restraining order, subpoena, or other legal process relating to your account. We may charge a legal process fee and may assess this fee against any account you maintain with us, including the account that is subject to the legal process. Levies and garnishments are subject to our right of set-off and security interests to the fullest extent permitted by applicable law. CLOSING OR FREEZING ACCOUNTS, INACTIVE ACCOUNTS Closing or Freezing Accounts. We may, at any time and without notice to you, close your account and terminate this agreement as to that account (except for those provisions of this agreement that are intended to survive account closing and termination) or freeze your account (close your account to further deposits, withdrawals, funds transfers and other account activity), if we believe the account was used in a manner that is inconsistent with the terms of this agreement; for example, by: Providing incorrect or misleading data to us when opening the account or at any time; Maintaining the account at a zero balance for 180 days or more; Exceeding any maximum principal balance or transaction dollar or frequency limits that we may have established in our discretion from time to time; Repeatedly exceeding the transfer frequency limitations for your High Yield Savings account disclosed in the “Transaction Limitations” section of the “Truth in Savings Disclosure”; Overdrawing the account; Engaging or attempting to engage in activity we believe is illegal or fraudulent; Residing outside the United States, APO/FPO, Puerto Rico, U.S. Virgin Islands, Guam, American Samoa or Northern Mariana Islands (or, if applicable, outside another U.S. territory or U.S. possession where we offer the account); Failing to fund the account within 30 days after we approve your application; Using or attempting to use the account for business or commercial purposes; or Linking or attempting to link your account to an account that you do not own or to a business account. We may also close your account at any time by giving you reasonable notice and returning your account balance to you electronically or by mail. Reasonable notice depends on the circumstances, and, in some cases, it might be reasonable for us to give you notice after we have closed or frozen the account. For instance, if we suspect fraudulent activity, we might immediately close or freeze your account and then give you notice. We may refuse to pay any debits or other items presented or re-presented to us for payment after we close or freeze your account, but we are not obligated to refuse to pay those debits or other items, and we will not be liable if we pay any debit or other item presented after we close or freeze your account.

Appears in 1 contract

Samples: Account Agreement

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Death or Incompetence. You agree to notify us promptly in writing if any account holder owner or other person with a right to withdraw funds from authorized signer on your account dies or becomes legally incompetent. We may continue to honor all instructions and funds transfer requests from such is declared incompetent by a person until: (a) we know, with reasonable certainty, of the death or legal incompetence of an account holder or other person with a right to withdraw funds, and (b) we have had a reasonable opportunity to act on that knowledge. You agree that we may honor funds transfers requested or initiated on or before the date of death or legal incompetence of an account holder or other person with a right to withdraw funds for up to ten (10) days after we determine that death or legal incompetence occurred, unless we are ordered to stop payment by someone with or claiming a legitimate interest in the account. We may require a reasonable proof of death or adjudication of incompetencecourt. Until we receive a notice and any required proof of death or incompetenceincompetency, we may act with respect to any account or service as if all account holders and owners, signers or other persons with a right to withdraw funds are alive and competent. We may restrict access to your account upon notice of your death or legal incompetence until the appropriate documentation is provided to us by your executor, administrator or legal representative. Where a Joint Account owner dies, we may require the surviving Joint Account owner to provide us with certain documentation satisfactory to us before we will release the remaining funds in a Joint Account. Transferring Account Ownership. You may not transfer, assign or pledge any account without our express written consent, which we may withhold in our sole discretion. Any transfer, assignment or pledge that we permit will be subject to our right of set-off and security interests to the fullest extent permitted by applicable law. If you wish to change the ownership of your account, we may require that the change be made by closing the account and opening a new account in the name of the new owner(s) of the account. Disputed Ownership of an Account. If we receive any conflicting instructions or claims to funds that are in an account, we may, in our sole discretion: (a) restrict the account and deny access to the funds; (b) hold the funds without liability to anyone until the conflicting claims are resolved to our satisfaction; (c) close the account and send the funds to the owner(s) of the account at the address on our records; and/or (d) refer the matter to an appropriate court or arbitrator for judgment or decision. (See also the “Dispute Resolution” section at the end of this agreement.) If we are notified of a dispute, we do not have to decide if the dispute has merit before we take further action. We may take these actions without any liability and without advance notice, unless required by applicable law. Levies and Garnishments. We must comply if we are served with any notice of garnishment or attachment, tax levy, injunction, restraining order, subpoena, or other legal process relating to your account. We may charge a legal process fee and may assess this fee against any account you maintain with us, including the account that is subject to the legal process. Levies and garnishments are subject to our right of set-off and security interests to the fullest extent permitted by applicable law. CLOSING OR FREEZING ACCOUNTS, INACTIVE ACCOUNTS Closing or Freezing Accounts. We may, at any time and without notice to you, close your account and terminate this agreement as to that account (except for those provisions of this agreement that are intended to survive account closing and termination) or freeze your account (close your account to further deposits, withdrawals, funds transfers and other account activity), if we believe the account was used in a manner that is inconsistent with the terms of this agreement; for example, by: Providing incorrect or misleading data to us when opening the account or at any time; Maintaining the account at a zero balance for 180 days or more; Exceeding any maximum principal balance or transaction dollar or frequency limits that we may have established in our discretion from time to time; Repeatedly exceeding the transfer frequency limitations for your High Yield Savings account disclosed in the “Transaction Limitations” section of the “Truth in Savings Disclosure”; Overdrawing the account; Engaging or attempting to engage in activity we believe is illegal or fraudulent; Residing outside the United States, APO/FPO, Puerto Rico, U.S. Virgin Islands, Guam, American Samoa or Northern Mariana Islands (or, if applicable, outside another U.S. territory or U.S. possession where we offer the account); Failing to fund the account within 30 days after we approve your application; Using or attempting to use the account for business or commercial purposes; or Linking or attempting to link your account to an account that you do not own or to a business account. We may also close your account at any time by giving you reasonable notice and returning your account balance to you electronically or by mail. Reasonable notice depends on the circumstances, and, in some cases, it might be reasonable for us to give you notice after we have closed or frozen the account. For instance, if we suspect fraudulent activity, we might immediately close or freeze your account and then give you notice. We may refuse to pay any debits or other items presented or re-presented to us for payment after we close or freeze your account, but we are not obligated to refuse to pay those debits or other items, and we will not be liable if we pay for any debit actions or other item presented after we close or freeze inactions taken on that basis. If you give us instructions regarding your account, and you or another owner of the account subsequently dies or is declared incompetent, we may act on the instructions unless we receive written notice of death or incompetency prior to honoring such instructions. When we receive a notice that an owner has died or been declared incompetent, we may place a hold on your account and refuse to accept deposits or permit withdrawals. We may hold any funds in your account until we know the identity of the successor. If a deposit — including salary, pension, Social Security and Supplemental Security Income (SSI) — payable to the deceased owner is credited to the account after the date the deceased owner died, we may debit the account for the deposit and return it to the payer. You may not have access to the funds in the account until a possible reclamation is resolved. We may accept and comply with court orders and take direction from court appointed personal representatives, guardians, or conservators from states or countries other than where your account was opened or where the account, property, or records are held. We reserve the right to require U.S. court documents for customers who reside outside the U.S. at the time of incompetence or death. Facsimile Signature A facsimile signature can be a convenient method for signing or endorsing documents and other items. If you use a facsimile signature, you are responsible for any withdrawal from your account that bears or appears to us to bear a facsimile signature that resembles or purports to be the signature of a person authorized to withdraw funds. We will not be liable to you if use of the facsimile device (or similar device utilized to affix your signature) was unauthorized. You are responsible even if the size, or color of the facsimile signature is different from that of any signature previously presented to us. We may pay the withdrawal and may charge your account for it. You agree to reimburse us (and we may charge your account) for all claims, costs, losses and damages, including attorneys’ fees, resulting from our payment of a withdrawal bearing either a facsimile that resembles or purports to bear your signature or a facsimile we believe you authorized. FDIC Insurance Deposits with Community Bank are insured by the Federal Deposit Insurance Corporation (FDIC), which insures funds in deposit account up to $250,000 per depositor at each insured bank. These limits are subject to change. Please also note the FDIC’s regulations define “per depositor” in terms of different ownership capacities. Thus, the same depositor can receive multiples of the basic maximum insurance coverage at a single insured bank, where different accounts are owned in certain capacities – for example, individual accounts, joint accounts, Individual Retirement Accounts (IRAs) and POD/trust accounts. Please visit xxx.xxxx.xxx for details.

Appears in 1 contract

Samples: Deposit Agreement

Death or Incompetence. You agree to must notify us promptly in writing immediately if any account holder or other person with a right permitted to withdraw funds from transact on your account Account dies or becomes legally incompetent. We may continue to honor all checks, Items, and instructions and funds transfer requests on the Account from such a person until: (a) persons until we know, with reasonable certainty, have knowledge of the death or legal incompetence of an account holder or other person with a right to withdraw funds, incompetent status and (b) we have had a reasonable opportunity to act on that knowledgeinformation. In the case of an Account owned by a sole proprietorship, we may place a Hold on the funds in the Account or prohibit further transactions until we receive acceptable documentation of the death or incompetence of the Account owner and who may transact on the Account. Dormant and Abandoned Accounts Except where prohibited by Applicable Law, we will consider an Account to be dormant and impose a fee if there has been no credit or debit activity initiated by you for a period of (i) twelve (12) months for checking Accounts (including NOW Accounts), and (ii) thirty-six (36) months for savings and money market Accounts. Preauthorized and automatic recurring deposits or withdrawals are not considered credit or debit activity for purposes of determining whether an Account is dormant if established prior to the applicable dormancy periods. If your Account becomes dormant, we will impose a periodic fee until the Account becomes active (with debit or credit activity initiated by you) or is closed. We reserve the right not to send statements on Accounts we consider dormant. Please review your Account pricing and fee schedule or contact your Relationship Manager for more information on fees. Each state has laws that govern when deposit accounts are considered abandoned and when we are required to send a depositor’s funds to the state as unclaimed property. You agree that your Account will stop earning interest once it is presumed abandoned in accordance with Applicable Law, and we will transfer the Collected Balance of your Account to the state as unclaimed property. Closing the Account You can close your Account at any time for any reason by giving us written notice, provided all fees you incurred (i) before your Account was closed, and (ii) while your Account was closed, including closing and collection fees, if applicable, have been paid and all Items have been collected. Please review your Account pricing and fee schedule or contact your Relationship Manager for more information on fees. We can also close your Account at any time for any reason. We will charge you a fee if your Account is closed within twelve (12) months of being opened. We will also charge you a fee if we choose to close your Account because your Account has a negative Available Balance. When we close your Account, we will send you a notice to the address shown on our records within seven (7) Business Days, along with a check for the Collected Balance, if your Collected Balance is greater than five dollars ($5.00) after deducting applicable fees. If your Account is closed before interest is credited, you will not receive the accrued interest. Any Items received after your Account is closed will be returned unpaid. Any withdrawal that reduces the balance in an Account to zero may honor funds transfers requested or initiated on or before the date of death or legal incompetence of an account holder automatically close that Account. We are not liable for any check, withdrawal or other person with a Item presented after an Account is closed. If your Collected Balance is insufficient to pay fees and any other amounts owed to us you will continue to be liable to us for such amounts until paid in full. We have the right to withdraw funds advise credit bureaus if your Account is closed for up to ten (10) days after we determine that death or legal incompetence occurred, unless we are ordered to stop payment by someone with or claiming a legitimate interest in the accountmisuse. We may require a reasonable proof of death or adjudication of incompetence. Until we receive notice and any required proof of death or incompetenceIn addition, we may act as if all account holders and other persons with a reserve the right to withdraw funds are alive and competent. We may restrict access to change your account upon notice of your death or legal incompetence until the appropriate documentation is provided to us by your executor, administrator or legal representative. Where a Joint Account owner dies, we may require the surviving Joint Account owner to provide us with certain documentation satisfactory to us before we will release the remaining funds in a Joint Account. Transferring Account Ownership. You may not transfer, assign or pledge any account without our express written consent, which we may withhold in our sole discretion. Any transfer, assignment or pledge that we permit will be subject to our right of set-off and security interests to the fullest extent permitted by applicable law. If you wish to change the ownership of your account, we may require that the change be made by closing the account and opening a new account in the name of the new owner(s) of the account. Disputed Ownership of an Account. If we receive any conflicting instructions or claims to funds that are in an account, we may, in our sole discretion: (a) restrict the account and deny access to the funds; (b) hold the funds without liability to anyone until the conflicting claims are resolved to our satisfaction; (c) close the account and send the funds to the owner(s) of the account at the address on our records; and/or (d) refer the matter to an appropriate court or arbitrator for judgment or decision. (See also the “Dispute Resolution” section at the end of this agreement.) If we are notified of a dispute, we do not have to decide if the dispute has merit before we take further action. We may take these actions without any liability and without advance notice, unless required by applicable law. Levies and Garnishments. We must comply if we are served with any notice of garnishment or attachment, tax levy, injunction, restraining order, subpoena, or other legal process relating to your account. We may charge a legal process fee and may assess this fee against any account you maintain with us, including the account that is subject to the legal process. Levies and garnishments are subject to our right of set-off and security interests to the fullest extent permitted by applicable law. CLOSING OR FREEZING ACCOUNTS, INACTIVE ACCOUNTS Closing or Freezing Accounts. We may, type at any time and without will provide prior notice to you, close your account and terminate this agreement as to that account (except for those if required by Applicable Law. The provisions of this agreement that Agreement, which by their nature are intended to survive account closing be binding after your Account is closed, shall remain binding between you and termination) or freeze your account us, including but not limited to indemnification obligations and limitations on liability. (close your account to further deposits, withdrawals, funds transfers and other account activitycontinued on next page), if we believe the account was used in a manner that is inconsistent with the terms of this agreement; for example, by: Providing incorrect or misleading data to us when opening the account or at any time; Maintaining the account at a zero balance for 180 days or more; Exceeding any maximum principal balance or transaction dollar or frequency limits that we may have established in our discretion from time to time; Repeatedly exceeding the transfer frequency limitations for your High Yield Savings account disclosed in the “Transaction Limitations” section of the “Truth in Savings Disclosure”; Overdrawing the account; Engaging or attempting to engage in activity we believe is illegal or fraudulent; Residing outside the United States, APO/FPO, Puerto Rico, U.S. Virgin Islands, Guam, American Samoa or Northern Mariana Islands (or, if applicable, outside another U.S. territory or U.S. possession where we offer the account); Failing to fund the account within 30 days after we approve your application; Using or attempting to use the account for business or commercial purposes; or Linking or attempting to link your account to an account that you do not own or to a business account. We may also close your account at any time by giving you reasonable notice and returning your account balance to you electronically or by mail. Reasonable notice depends on the circumstances, and, in some cases, it might be reasonable for us to give you notice after we have closed or frozen the account. For instance, if we suspect fraudulent activity, we might immediately close or freeze your account and then give you notice. We may refuse to pay any debits or other items presented or re-presented to us for payment after we close or freeze your account, but we are not obligated to refuse to pay those debits or other items, and we will not be liable if we pay any debit or other item presented after we close or freeze your account.

Appears in 1 contract

Samples: www.firstmidwest.com

Death or Incompetence. You or your appointed party, designee, or appointed individual as determined to our satisfaction agree to notify us promptly in writing if any account holder Agent or other person with a right to withdraw funds from signatory rights on your account dies or becomes legally incompetentincompetent or incapacitated. We may continue to honor all instructions such checks and funds transfer requests from such a person until: items until (a) we know, with reasonable certainty, know of the fact of death or of a legal determination of incompetence of an account holder or other person with a right to withdraw funds, incapacitation and (b) we have had a reasonable opportunity to act on that knowledge. You agree that that, even if we have knowledge of death of an Agent or person with signatory rights, we may honor funds transfers requested or initiated pay checks drawn on or before the date of death or legal incompetence of an account holder or other person with a right to withdraw funds for up to ten (10) 10 days after we determine that death or legal incompetence occurreddate, unless we are ordered to stop payment by someone with or claiming a legitimate an interest in the account. We may require a reasonable proof additional documentation to confirm any claims made on the account. Facsimile Signatures Before using any form of death or adjudication of incompetence. Until we receive notice and any required proof of death or incompetence, we may act as if all account holders and other persons facsimile signature in connection with a right Deposit Account, you agree to withdraw funds submit a sample to us and to execute and deliver agreements in a form we require. When you use a facsimile signature, you agree you shall have the sole responsibility for ensuring the security of the facsimile signature, and you bear the entire risk for unauthorized use thereof, whether or not you are alive negligent, except where it may be required by law. You agree that no facsimile signature we have been authorized to honor may be considered a forgery or an unauthorized signature, and competentthat such facsimile shall be effective as your signature or endorsement, whether or not you have been negligent. You further agree to indemnify us and hold us harmless from and against any and all losses, costs, damages, liabilities or exposures we or you may suffer or incur as a result of the unlawful use, unauthorized use, or misuse by any person of any such facsimile or automated signature or the device by which it is affixed. Fees and Charges You agree to pay the charges as shown on the Schedule of Fees, which is provided with these disclosures and posted on our website, the address of which appears at the beginning of this Agreement. Fees or charges incurred on your account will be deducted directly from the account balance. We will not be held liable for any items that are dishonored or any other debts that may restrict access occur from the deduction of charges as stated in this Agreement. Interest Rates Your account may earn interest at such a rate and compounding frequency as we disclose to you on the interest rate and annual percentage yield (APY) disclosures we provide to you when you open your account. Current interest rates and APYs applicable to your account upon notice are posted on our website, the address of your death or legal incompetence until the appropriate documentation is provided to us by your executor, administrator or legal representative. Where a Joint Account owner dies, we may require the surviving Joint Account owner to provide us with certain documentation satisfactory to us before we will release the remaining funds in a Joint Account. Transferring Account Ownership. You may not transfer, assign or pledge any account without our express written consent, which we may withhold in our sole discretion. Any transfer, assignment or pledge that we permit will be subject to our right of set-off and security interests to the fullest extent permitted by applicable law. If you wish to change the ownership of your account, we may require that the change be made by closing the account and opening a new account in the name of the new owner(s) of the account. Disputed Ownership of an Account. If we receive any conflicting instructions or claims to funds that are in an account, we may, in our sole discretion: (a) restrict the account and deny access to the funds; (b) hold the funds without liability to anyone until the conflicting claims are resolved to our satisfaction; (c) close the account and send the funds to the owner(s) of the account appears at the address on our records; and/or (d) refer the matter to an appropriate court or arbitrator for judgment or decision. (See also the “Dispute Resolution” section at the end beginning of this agreement.) If we are notified of a dispute, we do not have to decide if the dispute has merit before we take further action. We may take these actions without any liability and without advance notice, unless required by applicable law. Levies and Garnishments. We must comply if we are served with any notice of garnishment or attachment, tax levy, injunction, restraining order, subpoena, or other legal process relating to your account. We may charge a legal process fee and may assess this fee against any account you maintain with us, including the account that is subject to the legal process. Levies and garnishments are subject to our right of set-off and security interests to the fullest extent permitted by applicable law. CLOSING OR FREEZING ACCOUNTS, INACTIVE ACCOUNTS Closing or Freezing Accounts. We may, at any time and without notice to you, close your account and terminate this agreement as to that account (except for those provisions of this agreement that are intended to survive account closing and termination) or freeze your account (close your account to further deposits, withdrawals, funds transfers and other account activity), if we believe the account was used in a manner that is inconsistent with the terms of this agreement; for example, by: Providing incorrect or misleading data to us when opening the account or at any time; Maintaining the account at a zero balance for 180 days or more; Exceeding any maximum principal balance or transaction dollar or frequency limits that we may have established in our discretion from time to time; Repeatedly exceeding the transfer frequency limitations for your High Yield Savings account disclosed in the “Transaction Limitations” section of the “Truth in Savings Disclosure”; Overdrawing the account; Engaging or attempting to engage in activity we believe is illegal or fraudulent; Residing outside the United States, APO/FPO, Puerto Rico, U.S. Virgin Islands, Guam, American Samoa or Northern Mariana Islands (or, if applicable, outside another U.S. territory or U.S. possession where we offer the account); Failing to fund the account within 30 days after we approve your application; Using or attempting to use the account for business or commercial purposes; or Linking or attempting to link your account to an account that you do not own or to a business account. We may also close your account at any time by giving you reasonable notice and returning your account balance to you electronically or by mail. Reasonable notice depends on the circumstances, and, in some cases, it might be reasonable for us to give you notice after we have closed or frozen the account. For instance, if we suspect fraudulent activity, we might immediately close or freeze your account and then give you notice. We may refuse to pay any debits or other items presented or re-presented to us for payment after we close or freeze your account, but we are not obligated to refuse to pay those debits or other items, and we will not be liable if we pay any debit or other item presented after we close or freeze your account.Agreement

Appears in 1 contract

Samples: Bancorp Bank Account Agreement Terms and Conditions

Death or Incompetence. You agree to notify us promptly in writing immediately if any account holder owner or other person with a right to withdraw funds from authorized signer on your account dies or becomes legally incompetent. We may continue to honor all instructions and funds transfer requests from such is declared incompetent by a person until: (a) we know, with reasonable certainty, court of the death or legal incompetence of an account holder or other person with a right to withdraw funds, and (b) we have had a reasonable opportunity to act on that knowledge. You agree that we may honor funds transfers requested or initiated on or before the date of death or legal incompetence of an account holder or other person with a right to withdraw funds for up to ten (10) days after we determine that death or legal incompetence occurred, unless we are ordered to stop payment by someone with or claiming a legitimate interest in the account. We may require a reasonable proof of death or adjudication of incompetenceappropriate jurisdiction. Until we receive a notice and any required proof of death or incompetenceincompetency, we may act with respect to any account or service as if all account holders and other persons with a right to withdraw funds owners or signers are alive and competent. We may restrict access to your account upon notice of your death or legal incompetence until the appropriate documentation is provided to us by your executor, administrator or legal representative. Where a Joint Account owner dies, we may require the surviving Joint Account owner to provide us with certain documentation satisfactory to us before we will release the remaining funds in a Joint Account. Transferring Account Ownership. You may not transfer, assign or pledge any account without our express written consent, which we may withhold in our sole discretion. Any transfer, assignment or pledge that we permit will be subject to our right of set-off and security interests to the fullest extent permitted by applicable law. If you wish to change the ownership of your account, we may require that the change be made by closing the account and opening a new account in the name of the new owner(s) of the account. Disputed Ownership of an Account. If we receive any conflicting instructions or claims to funds that are in an account, we may, in our sole discretion: (a) restrict the account and deny access to the funds; (b) hold the funds without liability to anyone until the conflicting claims are resolved to our satisfaction; (c) close the account and send the funds to the owner(s) of the account at the address on our records; and/or (d) refer the matter to an appropriate court or arbitrator for judgment or decision. (See also the “Dispute Resolution” section at the end of this agreement.) If we are notified of a dispute, we do not have to decide if the dispute has merit before we take further action. We may take these actions without any liability and without advance notice, unless required by applicable law. Levies and Garnishments. We must comply if we are served with any notice of garnishment or attachment, tax levy, injunction, restraining order, subpoena, or other legal process relating to your account. We may charge a legal process fee and may assess this fee against any account you maintain with us, including the account that is subject to the legal process. Levies and garnishments are subject to our right of set-off and security interests to the fullest extent permitted by applicable law. CLOSING OR FREEZING ACCOUNTS, INACTIVE ACCOUNTS Closing or Freezing Accounts. We may, at any time and without notice to you, close your account and terminate this agreement as to that account (except for those provisions of this agreement that are intended to survive account closing and termination) or freeze your account (close your account to further deposits, withdrawals, funds transfers and other account activity), if we believe the account was used in a manner that is inconsistent with the terms of this agreement; for example, by: Providing incorrect or misleading data to us when opening the account or at any time; Maintaining the account at a zero balance for 180 days or more; Exceeding any maximum principal balance or transaction dollar or frequency limits that we may have established in our discretion from time to time; Repeatedly exceeding the transfer frequency limitations for your High Yield Savings account disclosed in the “Transaction Limitations” section of the “Truth in Savings Disclosure”; Overdrawing the account; Engaging or attempting to engage in activity we believe is illegal or fraudulent; Residing outside the United States, APO/FPO, Puerto Rico, U.S. Virgin Islands, Guam, American Samoa or Northern Mariana Islands (or, if applicable, outside another U.S. territory or U.S. possession where we offer the account); Failing to fund the account within 30 days after we approve your application; Using or attempting to use the account for business or commercial purposes; or Linking or attempting to link your account to an account that you do not own or to a business account. We may also close your account at any time by giving you reasonable notice and returning your account balance to you electronically or by mail. Reasonable notice depends on the circumstances, and, in some cases, it might be reasonable for us to give you notice after we have closed or frozen the account. For instance, if we suspect fraudulent activity, we might immediately close or freeze your account and then give you notice. We may refuse to pay any debits or other items presented or re-presented to us for payment after we close or freeze your account, but we are not obligated to refuse to pay those debits or other items, and we will not be liable for any actions taken on that basis. If you give us instructions regarding your account, and you or another owner of the account subsequently dies or is declared incompetent, we may act on the instructions unless we receive written notice of death or incompetency prior to honoring such instructions. When we receive a notice that an owner has died or been declared incompetent, we may place a hold on the account and refuse to accept transactions. If there is any question as to the ownership of the funds as a result of the death of an owner, we may place holds on any funds in the account pending receipt of satisfactory proof of each person’s right to the funds. If a deposit payable to the deceased owner is credited to the account after the date the deceased owner died, we may debit the account for the deposit and return it to the payer. Such deposits could include salary, pension, governmental or retirement benefit payments. Facsimile Signature We may rely and act upon a facsimile signature (or “signature stamp”) affixed by anyone on an item drawn against or deposited to your account when that facsimile signature resembles the actual signature of an authorized signer on your account whom you have advised us will sign by facsimile signature or who, as a matter of practice, signs by use of a facsimile signature. We will not be liable to you if we use of the facsimile signature was unauthorized, even if the size or color of the facsimile signature is different from that of any signature previously presented to us. You agree to indemnify us for all losses, claims, damages and expenses that result from payment of a withdrawal or item bearing a facsimile signature. Fees and Charges We may debit our fees and charges and any fees and charges assessed by others for transactions requested or initiated by you from any account you maintain with us. If there are insufficient funds available to pay any debit fee or other item presented after charge, you may incur an additional charge, or we may close or freeze your account. You are provided a schedule of our fees and charges when your account is opened and will receive notice when a fee or charge is changed. Fees and charges will appear on your account statements, and we are not required to give you a separate notice each time a fee or charge is assessed. You may obtain a current Fee Schedule on our website. Governing Law This Agreement, your account(s) and the Services, shall be governed by and construed in accordance with the laws and regulations of the United States and, to the extent applicable, the laws of the State of North Carolina, without regard to conflict of law principles. To the extent that the terms of this Agreement conflict with applicable state or federal law, such state or federal law shall replace such conflicting terms only to the extent required by law. Unless otherwise provided in this Agreement, your accounts and services will be subject to applicable clearinghouse, Federal Reserve Bank and correspondent bank rules. You agree that we do not have to notify you of a change in those rules, except to the extent required by law.

Appears in 1 contract

Samples: License Agreement

Death or Incompetence. You agree to notify us promptly in writing if any account holder owner or other person with a right to withdraw funds from authorized signer on your account dies or becomes legally incompetent. We may continue to honor all instructions and funds transfer requests from such is declared incompetent by a person until: (a) we know, with reasonable certainty, of the death or legal incompetence of an account holder or other person with a right to withdraw funds, and (b) we have had a reasonable opportunity to act on that knowledge. You agree that we may honor funds transfers requested or initiated on or before the date of death or legal incompetence of an account holder or other person with a right to withdraw funds for up to ten (10) days after we determine that death or legal incompetence occurred, unless we are ordered to stop payment by someone with or claiming a legitimate interest in the account. We may require a reasonable proof of death or adjudication of incompetencecourt. Until we receive a notice and any required proof of death or incompetenceincompetency, we may act with respect to any account or service as if all account holders and owners, signers or other persons with a right to withdraw funds are alive and competent. We may restrict access to your account upon notice of your death or legal incompetence until the appropriate documentation is provided to us by your executor, administrator or legal representative. Where a Joint Account owner dies, we may require the surviving Joint Account owner to provide us with certain documentation satisfactory to us before we will release the remaining funds in a Joint Account. Transferring Account Ownership. You may not transfer, assign or pledge any account without our express written consent, which we may withhold in our sole discretion. Any transfer, assignment or pledge that we permit will be subject to our right of set-off and security interests to the fullest extent permitted by applicable law. If you wish to change the ownership of your account, we may require that the change be made by closing the account and opening a new account in the name of the new owner(s) of the account. Disputed Ownership of an Account. If we receive any conflicting instructions or claims to funds that are in an account, we may, in our sole discretion: (a) restrict the account and deny access to the funds; (b) hold the funds without liability to anyone until the conflicting claims are resolved to our satisfaction; (c) close the account and send the funds to the owner(s) of the account at the address on our records; and/or (d) refer the matter to an appropriate court or arbitrator for judgment or decision. (See also the “Dispute Resolution” section at the end of this agreement.) If we are notified of a dispute, we do not have to decide if the dispute has merit before we take further action. We may take these actions without any liability and without advance notice, unless required by applicable law. Levies and Garnishments. We must comply if we are served with any notice of garnishment or attachment, tax levy, injunction, restraining order, subpoena, or other legal process relating to your account. We may charge a legal process fee and may assess this fee against any account you maintain with us, including the account that is subject to the legal process. Levies and garnishments are subject to our right of set-off and security interests to the fullest extent permitted by applicable law. CLOSING OR FREEZING ACCOUNTS, INACTIVE ACCOUNTS Closing or Freezing Accounts. We may, at any time and without notice to you, close your account and terminate this agreement as to that account (except for those provisions of this agreement that are intended to survive account closing and termination) or freeze your account (close your account to further deposits, withdrawals, funds transfers and other account activity), if we believe the account was used in a manner that is inconsistent with the terms of this agreement; for example, by: Providing incorrect or misleading data to us when opening the account or at any time; Maintaining the account at a zero balance for 180 days or more; Exceeding any maximum principal balance or transaction dollar or frequency limits that we may have established in our discretion from time to time; Repeatedly exceeding the transfer frequency limitations for your High Yield Savings account disclosed in the “Transaction Limitations” section of the “Truth in Savings Disclosure”; Overdrawing the account; Engaging or attempting to engage in activity we believe is illegal or fraudulent; Residing outside the United States, APO/FPO, Puerto Rico, U.S. Virgin Islands, Guam, American Samoa or Northern Mariana Islands (or, if applicable, outside another U.S. territory or U.S. possession where we offer the account); Failing to fund the account within 30 days after we approve your application; Using or attempting to use the account for business or commercial purposes; or Linking or attempting to link your account to an account that you do not own or to a business account. We may also close your account at any time by giving you reasonable notice and returning your account balance to you electronically or by mail. Reasonable notice depends on the circumstances, and, in some cases, it might be reasonable for us to give you notice after we have closed or frozen the account. For instance, if we suspect fraudulent activity, we might immediately close or freeze your account and then give you notice. We may refuse to pay any debits or other items presented or re-presented to us for payment after we close or freeze your account, but we are not obligated to refuse to pay those debits or other items, competent and we will not be liable if we pay for any debit actions or other item presented after we close or freeze inactions taken on that basis. If you give us instructions regarding your account, and you or another owner of the account subsequently dies or is declared incompetent, we may act on the instructions unless we receive written notice of death or incompetency prior to honoring such instructions. When we receive a notice that an owner has died or been declared incompetent, we may place a hold on your account and refuse to accept deposits or permit withdrawals. We may hold any funds in your account until we know the identity of the successor. If a deposit — including salary, pension, Social Security and Supplemental Security Income (SSI) — payable to the deceased owner is credited to the account after the date the deceased owner died, we may debit the account for the deposit and return it to the payer. You may not have access to the funds in the account until a possible reclamation is resolved. We may accept and comply with court orders, and take direction from court appointed personal representatives, guardians, or conservators from states or country other than where your account was opened or where the account, property, or records are held. We reserve the right to require U.S. court documents for customers who reside outside of the U.S. at the time of incompetence or death. Facsimile Signature A facsimile signature can be a convenient method for signing or endorsing documents and other items. If you use a facsimile signature, you are responsible for any withdrawal from your account that bears or appears to us to bear a facsimile signature that resembles or purports to be the signature of a person authorized to withdraw funds. We will not be liable to you if use of the facsimile device (or similar device utilized to affix your signature) was unauthorized. You are responsible even if the size, or color of the facsimile signature is different from that of any signature previously presented to us. We may pay the withdrawal and may charge your account for it. You agree to reimburse us (and we may charge your account) for all claims, costs, losses and damages, including attorneys’ fees, that result from our payment of a withdrawal bearing either a facsimile that resembles or purports to bear your signature or a facsimile that we believe you authorized. FDIC Insurance Deposits with Community Bank are insured by the Federal Deposit Insurance Corporation (FDIC), which insures funds in deposit account up to $250,000 per depositor at each insured bank. These limits are subject to change. Please also note that the FDIC’s regulations define “per depositor” in terms of different ownership capacities. Thus, the same depositor can receive multiples of the basic maximum insurance coverage at a single insured bank, where different account are owned in certain capacities – for example, individual accounts, joint accounts, Individual Retirement Accounts (IRAs) and POD/trust accounts. Please visit xxx.xxxx.xxx for details.

Appears in 1 contract

Samples: Deposit Agreement

Death or Incompetence. You agree to notify us promptly in writing if any account holder owner or other person with a right to withdraw funds from authorized signer on your account dies or becomes legally incompetent. We may continue to honor all instructions and funds transfer requests from such is declared incompetent by a person until: (a) we know, with reasonable certainty, of the death or legal incompetence of an account holder or other person with a right to withdraw funds, and (b) we have had a reasonable opportunity to act on that knowledge. You agree that we may honor funds transfers requested or initiated on or before the date of death or legal incompetence of an account holder or other person with a right to withdraw funds for up to ten (10) days after we determine that death or legal incompetence occurred, unless we are ordered to stop payment by someone with or claiming a legitimate interest in the account. We may require a reasonable proof of death or adjudication of incompetencecourt. Until we receive a notice and any required proof of death or incompetenceincompetency, we may act with respect to any account or ser- vice as if all account holders and owners, signers or other persons with a right to withdraw funds are alive and competent. We may restrict access to your account upon notice of your death or legal incompetence until the appropriate documentation is provided to us by your executor, administrator or legal representative. Where a Joint Account owner dies, we may require the surviving Joint Account owner to provide us with certain documentation satisfactory to us before we will release the remaining funds in a Joint Account. Transferring Account Ownership. You may not transfer, assign or pledge any account without our express written consent, which we may withhold in our sole discretion. Any transfer, assignment or pledge that we permit will be subject to our right of set-off and security interests to the fullest extent permitted by applicable law. If you wish to change the ownership of your account, we may require that the change be made by closing the account and opening a new account in the name of the new owner(s) of the account. Disputed Ownership of an Account. If we receive any conflicting instructions or claims to funds that are in an account, we may, in our sole discretion: (a) restrict the account and deny access to the funds; (b) hold the funds without liability to anyone until the conflicting claims are resolved to our satisfaction; (c) close the account and send the funds to the owner(s) of the account at the address on our records; and/or (d) refer the matter to an appropriate court or arbitrator for judgment or decision. (See also the “Dispute Resolution” section at the end of this agreement.) If we are notified of a dispute, we do not have to decide if the dispute has merit before we take further action. We may take these actions without any liability and without advance notice, unless required by applicable law. Levies and Garnishments. We must comply if we are served with any notice of garnishment or attachment, tax levy, injunction, restraining order, subpoena, or other legal process relating to your account. We may charge a legal process fee and may assess this fee against any account you maintain with us, including the account that is subject to the legal process. Levies and garnishments are subject to our right of set-off and security interests to the fullest extent permitted by applicable law. CLOSING OR FREEZING ACCOUNTS, INACTIVE ACCOUNTS Closing or Freezing Accounts. We may, at any time and without notice to you, close your account and terminate this agreement as to that account (except for those provisions of this agreement that are intended to survive account closing and termination) or freeze your account (close your account to further deposits, withdrawals, funds transfers and other account activity), if we believe the account was used in a manner that is inconsistent with the terms of this agreement; for example, by: Providing incorrect or misleading data to us when opening the account or at any time; Maintaining the account at a zero balance for 180 days or more; Exceeding any maximum principal balance or transaction dollar or frequency limits that we may have established in our discretion from time to time; Repeatedly exceeding the transfer frequency limitations for your High Yield Savings account disclosed in the “Transaction Limitations” section of the “Truth in Savings Disclosure”; Overdrawing the account; Engaging or attempting to engage in activity we believe is illegal or fraudulent; Residing outside the United States, APO/FPO, Puerto Rico, U.S. Virgin Islands, Guam, American Samoa or Northern Mariana Islands (or, if applicable, outside another U.S. territory or U.S. possession where we offer the account); Failing to fund the account within 30 days after we approve your application; Using or attempting to use the account for business or commercial purposes; or Linking or attempting to link your account to an account that you do not own or to a business account. We may also close your account at any time by giving you reasonable notice and returning your account balance to you electronically or by mail. Reasonable notice depends on the circumstances, and, in some cases, it might be reasonable for us to give you notice after we have closed or frozen the account. For instance, if we suspect fraudulent activity, we might immediately close or freeze your account and then give you notice. We may refuse to pay any debits or other items presented or re-presented to us for payment after we close or freeze your account, but we are not obligated to refuse to pay those debits or other items, competent and we will not be liable if we pay for any debit actions or other item presented after we close or freeze inactions taken on that basis. If you give us instructions regarding your account, and you or another owner of the account subsequently dies or is declared incompetent, we may act on the instructions unless we receive written notice of death or incompetency prior to honoring such instructions. When we receive a notice that an owner has died or been declared incompetent, we may place a hold on your account and refuse to accept deposits or permit withdrawals. We may hold any funds in your account until we know the identity of the successor.‌‌‌ If a deposit — including salary, pension, Social Security and Supplemental Security Income (SSI) — payable to the deceased owner is credited to the account after the date the de- ceased owner died, we may debit the account for the deposit and return it to the payer. Electronic and Facsimile Signatures Electronic and Facsimile Signatures can be convenient methods for signing or endorsing documents and other items. If you use either of these signing methods, you are responsible for any withdrawal from your account that bears or appears to us to bear a signature that resembles or purports to be the sig- nature of a person authorized to withdraw funds. We will not be liable to you if use of the facsimile or electronic signature device (or similar device utilized to affix your signature) was unauthorized. You are responsible even if the size or color of the electronic or facsimile signature is differ- ent from that of any signature previously presented to us. We may pay the withdrawal and may charge your account for it. You agree to reimburse us (and we may charge your account) for all claims, costs, losses and damages, including attorneys’ fees, that result from our payment of a withdrawal bearing an electronic or facsimile signature that either resembles or purports to bear your manual signature or an electronic or facsimile signa- ture that we believe you authorized.

Appears in 1 contract

Samples: Deposit Account Agreement

Death or Incompetence. You agree to notify us promptly in writing if any account holder owner or other person with a right to withdraw funds from authorized xxxxxx on your account dies or becomes legally incompetent. We may continue to honor all instructions and funds transfer requests from such is declared incompetent by a person until: (a) we know, with reasonable certainty, of the death or legal incompetence of an account holder or other person with a right to withdraw funds, and (b) we have had a reasonable opportunity to act on that knowledge. You agree that we may honor funds transfers requested or initiated on or before the date of death or legal incompetence of an account holder or other person with a right to withdraw funds for up to ten (10) days after we determine that death or legal incompetence occurred, unless we are ordered to stop payment by someone with or claiming a legitimate interest in the account. We may require a reasonable proof of death or adjudication of incompetencecourt. Until we receive a notice and any required proof of death or incompetenceincompetency, we may act with respect to any account or service as if all account holders and owners, signers or other persons with a right to withdraw funds are alive and competent. We may restrict access to your account upon notice of your death or legal incompetence until the appropriate documentation is provided to us by your executor, administrator or legal representative. Where a Joint Account owner dies, we may require the surviving Joint Account owner to provide us with certain documentation satisfactory to us before we will release the remaining funds in a Joint Account. Transferring Account Ownership. You may not transfer, assign or pledge any account without our express written consent, which we may withhold in our sole discretion. Any transfer, assignment or pledge that we permit will be subject to our right of set-off and security interests to the fullest extent permitted by applicable law. If you wish to change the ownership of your account, we may require that the change be made by closing the account and opening a new account in the name of the new owner(s) of the account. Disputed Ownership of an Account. If we receive any conflicting instructions or claims to funds that are in an account, we may, in our sole discretion: (a) restrict the account and deny access to the funds; (b) hold the funds without liability to anyone until the conflicting claims are resolved to our satisfaction; (c) close the account and send the funds to the owner(s) of the account at the address on our records; and/or (d) refer the matter to an appropriate court or arbitrator for judgment or decision. (See also the “Dispute Resolution” section at the end of this agreement.) If we are notified of a dispute, we do not have to decide if the dispute has merit before we take further action. We may take these actions without any liability and without advance notice, unless required by applicable law. Levies and Garnishments. We must comply if we are served with any notice of garnishment or attachment, tax levy, injunction, restraining order, subpoena, or other legal process relating to your account. We may charge a legal process fee and may assess this fee against any account you maintain with us, including the account that is subject to the legal process. Levies and garnishments are subject to our right of set-off and security interests to the fullest extent permitted by applicable law. CLOSING OR FREEZING ACCOUNTS, INACTIVE ACCOUNTS Closing or Freezing Accounts. We may, at any time and without notice to you, close your account and terminate this agreement as to that account (except for those provisions of this agreement that are intended to survive account closing and termination) or freeze your account (close your account to further deposits, withdrawals, funds transfers and other account activity), if we believe the account was used in a manner that is inconsistent with the terms of this agreement; for example, by: Providing incorrect or misleading data to us when opening the account or at any time; Maintaining the account at a zero balance for 180 days or more; Exceeding any maximum principal balance or transaction dollar or frequency limits that we may have established in our discretion from time to time; Repeatedly exceeding the transfer frequency limitations for your High Yield Savings account disclosed in the “Transaction Limitations” section of the “Truth in Savings Disclosure”; Overdrawing the account; Engaging or attempting to engage in activity we believe is illegal or fraudulent; Residing outside the United States, APO/FPO, Puerto Rico, U.S. Virgin Islands, Guam, American Samoa or Northern Mariana Islands (or, if applicable, outside another U.S. territory or U.S. possession where we offer the account); Failing to fund the account within 30 days after we approve your application; Using or attempting to use the account for business or commercial purposes; or Linking or attempting to link your account to an account that you do not own or to a business account. We may also close your account at any time by giving you reasonable notice and returning your account balance to you electronically or by mail. Reasonable notice depends on the circumstances, and, in some cases, it might be reasonable for us to give you notice after we have closed or frozen the account. For instance, if we suspect fraudulent activity, we might immediately close or freeze your account and then give you notice. We may refuse to pay any debits or other items presented or re-presented to us for payment after we close or freeze your account, but we are not obligated to refuse to pay those debits or other items, competent and we will not be liable for any actions or inactions taken on that basis. If you give us instructions regarding your account, and you or another owner of the account subsequently dies or is declared incompetent, we may act on the instructions unless we receive written notice of death or competency prior to honoring such instructions. When we receive a notice that an owner has died or been declared incompetent, we may place a hold on your account and refuse to accept deposits or permit withdrawals. We may hold any funds in your account until we know the identity of the successor. If a deposit including salary, pension, Social Security and Supplemental Security Income (SSI) – payable to deceased owner is credited to the account after the date the deceased owner died, we may debit the account for the deposit and return it to the payer. Demand Drafts and Remotely Created Checks If you deposit a demand draft or remotely created check (an unsigned draft or preauthorized draft) into your account, you warrant and guarantee that the draft or remotely created check is authorized according to the terms on its face by the person(s) identified as the drawer. You agree to indemnify us from all loss, expense and liability related to a claim that such check or draft was not authorized by the persons on whose account it was drawn on Endorsements You authorize us to supply any missing endorsements if items are made payable to you or your order and you have not endorsed them. You warrant that all endorsements on items deposited to your account are genuine. Endorsements must be placed only in the area so designated on the back of an Item. Facsimile Signatures If you use any form of facsimile signature in connection with the Deposit Account, you agree to deliver a sample to us before you begin using it, and to execute and deliver agreements in a form we pay require. When you use a facsimile signature or other form of automated signature device in connection with the Deposit Account, you agree you shall have the sole responsibility for maintaining security of the facsimile signature or device by which it is affixed, and you shall bear the entire risk for unauthorized use thereof, whether or not you are negligent, except as may be required by law. You agree that no facsimile signature we have been authorized to honor may be considered a forgery or an unauthorized signature, and that such facsimile or automated signature shall be effective as your signature or endorsement, whether or not you have been negligent. You further agree to indemnify and hold us harmless from and against any debit and all loss, costs, damage, liability, or exposure (including reasonable attorneys' fees) you may suffer or incur as a result of the unlawful use, unauthorized use, or misuse by any person of any such facsimile or automated signature or the device by which it is affixed. Foreign Items and Foreign Currency A foreign item is a check or other item presented after we close in any currency (including United States dollars) that is drawn on a bank or freeze your accountbranch 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.

Appears in 1 contract

Samples: assets.ctfassets.net

Death or Incompetence. You agree to notify us promptly in writing immediately if any account holder owner or other person with a right to withdraw funds from authorized signer on your account dies or becomes legally incompetent. We may continue to honor all instructions and funds transfer requests from such is declared incompetent by a person until: (a) we know, with reasonable certainty, court of the death or legal incompetence of an account holder or other person with a right to withdraw funds, and (b) we have had a reasonable opportunity to act on that knowledge. You agree that we may honor funds transfers requested or initiated on or before the date of death or legal incompetence of an account holder or other person with a right to withdraw funds for up to ten (10) days after we determine that death or legal incompetence occurred, unless we are ordered to stop payment by someone with or claiming a legitimate interest in the account. We may require a reasonable proof of death or adjudication of incompetenceappropriate jurisdiction. Until we receive a notice and any required proof of death or incompetenceincompetency, we may act with respect to any account or service as if all account holders and other persons with a right to withdraw funds owners or signers are alive and competent. We may restrict access to your account upon notice of your death or legal incompetence until the appropriate documentation is provided to us by your executor, administrator or legal representative. Where a Joint Account owner dies, we may require the surviving Joint Account owner to provide us with certain documentation satisfactory to us before we will release the remaining funds in a Joint Account. Transferring Account Ownership. You may not transfer, assign or pledge any account without our express written consent, which we may withhold in our sole discretion. Any transfer, assignment or pledge that we permit will be subject to our right of set-off and security interests to the fullest extent permitted by applicable law. If you wish to change the ownership of your account, we may require that the change be made by closing the account and opening a new account in the name of the new owner(s) of the account. Disputed Ownership of an Account. If we receive any conflicting instructions or claims to funds that are in an account, we may, in our sole discretion: (a) restrict the account and deny access to the funds; (b) hold the funds without liability to anyone until the conflicting claims are resolved to our satisfaction; (c) close the account and send the funds to the owner(s) of the account at the address on our records; and/or (d) refer the matter to an appropriate court or arbitrator for judgment or decision. (See also the “Dispute Resolution” section at the end of this agreement.) If we are notified of a dispute, we do not have to decide if the dispute has merit before we take further action. We may take these actions without any liability and without advance notice, unless required by applicable law. Levies and Garnishments. We must comply if we are served with any notice of garnishment or attachment, tax levy, injunction, restraining order, subpoena, or other legal process relating to your account. We may charge a legal process fee and may assess this fee against any account you maintain with us, including the account that is subject to the legal process. Levies and garnishments are subject to our right of set-off and security interests to the fullest extent permitted by applicable law. CLOSING OR FREEZING ACCOUNTS, INACTIVE ACCOUNTS Closing or Freezing Accounts. We may, at any time and without notice to you, close your account and terminate this agreement as to that account (except for those provisions of this agreement that are intended to survive account closing and termination) or freeze your account (close your account to further deposits, withdrawals, funds transfers and other account activity), if we believe the account was used in a manner that is inconsistent with the terms of this agreement; for example, by: Providing incorrect or misleading data to us when opening the account or at any time; Maintaining the account at a zero balance for 180 days or more; Exceeding any maximum principal balance or transaction dollar or frequency limits that we may have established in our discretion from time to time; Repeatedly exceeding the transfer frequency limitations for your High Yield Savings account disclosed in the “Transaction Limitations” section of the “Truth in Savings Disclosure”; Overdrawing the account; Engaging or attempting to engage in activity we believe is illegal or fraudulent; Residing outside the United States, APO/FPO, Puerto Rico, U.S. Virgin Islands, Guam, American Samoa or Northern Mariana Islands (or, if applicable, outside another U.S. territory or U.S. possession where we offer the account); Failing to fund the account within 30 days after we approve your application; Using or attempting to use the account for business or commercial purposes; or Linking or attempting to link your account to an account that you do not own or to a business account. We may also close your account at any time by giving you reasonable notice and returning your account balance to you electronically or by mail. Reasonable notice depends on the circumstances, and, in some cases, it might be reasonable for us to give you notice after we have closed or frozen the account. For instance, if we suspect fraudulent activity, we might immediately close or freeze your account and then give you notice. We may refuse to pay any debits or other items presented or re-presented to us for payment after we close or freeze your account, but we are not obligated to refuse to pay those debits or other items, and we will not be liable if we pay for any debit or other item presented after we close or freeze actions taken on that basis. If you give us instructions regarding your account, and you or another owner of the account subsequently dies or is declared incompetent, we may act on the instructions unless we receive written notice of death or incompetency prior to honoring such instructions. When we receive a notice that an owner has died or been declared incompetent, we may place a hold on the account and refuse to accept transactions. If there is any question as to the ownership of the funds as a result of the death of an owner, we may place holds on any funds in the account pending receipt of satisfactory proof of each person’s right to the funds. If a deposit payable to the deceased owner is credited to the account after the date the deceased owner died, we may debit the account for the deposit and return it to the payer. Such deposits could include salary, pension, governmental or retirement benefit payments. Facsimile Signature We may rely and act upon a facsimile signature (or “signature stamp”) affixed by anyone on an item drawn against or deposited to your account when that facsimile signature resembles the actual signature of an authorized signer on your account whom you have advised us will sign by facsimile signature or who, as a matter of practice, signs by use of a facsimile signature. We will not be liable to you if use of the facsimile signature was unauthorized, even if the size or color of the facsimile signature is different from that of any signature previously presented to us. You agree to indemnify us for all losses, claims, damages and expenses that result from payment of a withdrawal or item bearing a facsimile signature.

Appears in 1 contract

Samples: License Agreement

Death or Incompetence. You agree to notify us promptly in writing if any account holder In the event of Depositor’s death or other person with a right to withdraw funds from your account dies or becomes legally incompetent. We legal adjudication of incompetence, the Bank may continue to honor all instructions and funds transfer requests from such accept, pay, or collect items until ordered to stop payment by a person until: (a) we know, with reasonable certainty, of claiming an interest in the death or legal incompetence of an account holder or other person with a right to withdraw funds, Account and (b) we have had a reasonable opportunity to act on it. If a deposit or credit is made to an account (such as Social Security, pension or veteran’s benefits) payable to an individual who is or becomes deceased, we may return or refund the deposit and debit the Account. Dormant or Abandoned Accounts With the exception of Time Deposits and IRAs, an Account is deemed to be “inactive” during that knowledgeperiod of time in which you have not made any deposits or withdrawals from the Account. Electronic (ACH) deposits or debits do not qualify as deposits or withdrawals made by you. An Account will be classified as “dormant” when the Account has been inactive and we have had no contact with you for one year (12 months) and your Account statement has been returned by the post office as undeliverable for any reason. For Georgia Savings Accounts, the loss of contact time period is five (5) years. Interest is not paid on dormant accounts and a non-refundable monthly dormant fee will be charged for maintaining these accounts. In accordance with governing state law, Accounts which have been inactive or dormant for the statutory number of years will be transferred to the state or other designated governmental agency. Account Discrepancies Statements. Periodic statements will be provided on all Accounts, excluding Time Deposits. Unless otherwise instructed, the statements will be mailed by us to your last known address as shown on our records or will be made available to you electronically. You agree to control and secure your Account documents including, but not limited to checks, deposit tickets, statements and any other documents that we may honor funds transfers requested or initiated on or before contain your account number and account information. You agree to notify us that you have not received your statement within 30 calendar days of the date of death or legal incompetence of an account holder or other person with a right to withdraw funds for up to ten (10) days after we determine that death or legal incompetence occurred, unless we are ordered to stop payment by someone with or claiming a legitimate interest in on which you normally receive the account. We may require a reasonable proof of death or adjudication of incompetence. Until we receive notice and any required proof of death or incompetence, we may act as if all account holders and other persons with a right to withdraw funds are alive and competent. We may restrict access to your account upon notice of your death or legal incompetence until the appropriate documentation is provided to us by your executor, administrator or legal representative. Where a Joint Account owner dies, we may require the surviving Joint Account owner to provide us with certain documentation satisfactory to us before we will release the remaining funds in a Joint Account. Transferring Account Ownership. You may not transfer, assign or pledge any account without our express written consent, which we may withhold in our sole discretion. Any transfer, assignment or pledge that we permit will be subject to our right of set-off and security interests to the fullest extent permitted by applicable lawstatement. If you wish to change the ownership of your account, we may require that the change be made by closing the account and opening a new account in the name of the new owner(s) of the account. Disputed Ownership of an Account. If we receive any conflicting instructions or claims to funds that are in an account, we may, in our sole discretion: (a) restrict the account and deny access to the funds; (b) hold the funds without liability to anyone until the conflicting claims are resolved to our satisfaction; (c) close the account and send the funds to the owner(s) of the account at the address on our records; and/or (d) refer the matter to an appropriate court or arbitrator for judgment or decision. (See also the “Dispute Resolution” section at the end of this agreement.) If we are notified of a dispute, we do not have to decide if the dispute has merit before we take further action. We may take these actions without any liability and without advance notice, unless required by applicable law. Levies and Garnishments. We must comply if we are served with any notice of garnishment or attachment, tax levy, injunction, restraining order, subpoena, or other legal process relating to your account. We may charge a legal process fee and may assess notify us within this fee against any account you maintain with us, including the account that is subject to the legal process. Levies and garnishments are subject to our right of set-off and security interests to the fullest extent permitted by applicable law. CLOSING OR FREEZING ACCOUNTS, INACTIVE ACCOUNTS Closing or Freezing Accounts. We may, at any time and without notice to you, close your account and terminate this agreement as to that account (except for those provisions of this agreement that are intended to survive account closing and termination) or freeze your account (close your account to further deposits, withdrawals, funds transfers and other account activity), if we believe the account was used in a manner that is inconsistent with the terms of this agreement; for example, by: Providing incorrect or misleading data to us when opening the account or at any time; Maintaining the account at a zero balance for 180 days or more; Exceeding any maximum principal balance or transaction dollar or frequency limits that we may have established in our discretion from time to time; Repeatedly exceeding the transfer frequency limitations for your High Yield Savings account disclosed in the “Transaction Limitations” section of the “Truth in Savings Disclosure”; Overdrawing the account; Engaging or attempting to engage in activity we believe is illegal or fraudulent; Residing outside the United States, APO/FPO, Puerto Rico, U.S. Virgin Islands, Guam, American Samoa or Northern Mariana Islands (or, if applicable, outside another U.S. territory or U.S. possession where we offer the account); Failing to fund the account within 30 days after we approve your application; Using or attempting to use the account for business or commercial purposes; or Linking or attempting to link your account to an account period that you do did not own or to a business account. We may also close your account at any time by giving you reasonable notice and returning your account balance to you electronically or by mail. Reasonable notice depends on receive the circumstancesstatement, and, in some cases, it might be reasonable for us to give you notice after we have closed or frozen the account. For instance, if we suspect fraudulent activity, we might immediately close or freeze your account and then give you notice. We may refuse to pay any debits or other items presented or re-presented to us for payment after we close or freeze your account, but we are not obligated to refuse to pay those debits or other items, and we will not be liable for any bank statements or items, if we pay included in the statement, that you do not receive. You should carefully examine the statement and canceled checks (including the face and back), if included in the statement, when you receive the statement. The Bank will not be liable for any debit unauthorized signature, alteration, misencoding or other error on the face of any item presented after in your statement, or for any incorrect or improper amount, fee, interest calculation or other error on the statement itself (including any item improperly charged to your Account or any deposit not credited to your Account), if you fail to notify the Bank within 30 calendar days from the date the Bank mails, personally delivers, or otherwise makes the statement on which the error first appeared available to you (including making the statement available online whether you actually view or download it) or anyone to whom you request it be sent. If you fail to notify us of the first occurrence within the stated time period, we close will not be liable for subsequent unauthorized signatures or freeze alterations made by the same individual (wrongdoer) and discovered on future statements. Additionally, the Bank will not be liable for any unauthorized or missing endorsements, or other defects affecting title, on the back of any item charged to the Account if you fail to notify the Bank within six months from the date the Bank mails, personally delivers, or otherwise makes your statement available to you (including making the statement available online whether you actually view or download it) or anyone to whom you request it be sent. Moreover, because you are in the best position to prevent and discover an unauthorized signature, an unauthorized endorsement, missing deposit, or an alteration, you agree that the Bank will not be liable for paying such items if (1) you did not examine the statement and the canceled checks (if included) or you have not reported unauthorized signatures, unauthorized or missing endorsements, encoding errors or alterations or missing deposits to us within the time period set forth above, 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. If you claim a credit or refund because of a discrepancy or an unauthorized transaction, you agree to provide us with a declaration on a form we choose containing whatever information we request regarding the transaction, your Account and the circumstances surrounding the claimed loss. The Bank must receive your declaration within ten days of its request or it may deny the claim. You also agree to make a report of the unauthorized transaction to the police and upon our request, to provide us with a copy of the report. We will have a reasonable period of time to investigate the claim and the surrounding circumstances. We are not obligated to provisionally credit your Account before or during the investigation, unless required by law. If we do credit your account, you agree that such credit is not considered final payment. If a credit is given to your Account at any time and the Bank determines that the original debit to your Account was proper, you agree that the Bank may reverse the credit to you at any time whether it originally advised that the credit was provisional. You agree that you cannot and will not bring any legal action or arbitration claim against us unless you have first provided the declaration described within this section.

Appears in 1 contract

Samples: Arbitration Agreement

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