Common use of Business Accounts Clause in Contracts

Business Accounts. Where a corporation, unincorporated association or limited liability company, partnership, including a limited partnership, limited liability partnership, or joint venture, government entity or sole proprietor is designated or appears on a signature card as the owner of such account, then the account is payable only to or on the order of the business, and not to any individual director, shareholder, member or partner thereof except as they may be a payee on a check or other item drawn on your account. You further represent and agree that the business has taken all action necessary to open and maintain banking accounts at the Bank and that all resolutions and/or other documentation delivered to us in connection with the account are true, accurate, complete, and will be kept up to date and may be conclusively relied upon by us. You agree to notify us in advance of any change in your form of ownership. You also agree that we are not obligated to cash checks payable to you or to accept “less cash” deposits. Notwithstanding anything to the contrary, the relationship between you and the Bank is one of debtor/creditor, not fiduciary, even if the account is titled as a “fiduciary” account with that role being played by you. You agree that each eligible signer is authorized to endorse for collection, deposit, or negotiation any and all checks, drafts, notes, bills of exchange, certificates of deposit, and orders for the payment or transfer of money between accounts at the Bank and other banks, either belonging to or coming into the possession of the business. Endorsements “for deposit” may be written or stamped. We may accept any instrument for deposit to any depository account of the business without endorsement or may supply the endorsement of the business. The person(s) so designated is authorized to sign any and all checks, drafts and orders drawn against any designated account(s) of the business at the Bank. We are authorized to honor and pay all checks, drafts and orders when so signed or endorsed without inquiry as to the circumstances of issue or disposition of the proceeds even if doing so causes an overdraft or increases an overdraft and regardless of to whom such instruments are payable or endorsed, including those drawn or endorsed to the individual order of any such person so listed.

Appears in 10 contracts

Samples: Deposit Account Agreement, Deposit Account Disclosure Statement and Agreement, Deposit Account Agreement

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Business Accounts. Where If the Business Account is not owned by a natural person (such as a corporation, unincorporated association or partnership, limited liability company, partnershipunincorporated association, including a limited partnership, limited liability partnership, or joint venture, government entity or sole proprietor is designated or appears on a signature card as the owner of such accountetc.), then the account is payable only holder must provide us with evidence to or our satisfaction of the authority of the individuals who sign the signature card to act on behalf of the account holder. On any transactions involving the account, we may act on the order instructions of the businessperson(s) authorized in the resolutions, and not banking agreement, or certificate of authority to any individual director, shareholder, member or partner thereof except as they may be a payee act on a check or other item drawn on your account. You further represent and agree that the business has taken all action necessary to open and maintain banking accounts at the Bank and that all resolutions and/or other documentation delivered to us in connection with behalf of the account are true, accurate, complete, and will be kept up to date and may be conclusively relied upon by usholder. You agree to notify us in advance writing of any change changes in your the person(s) authorized or the form of ownership. You also If we receive conflicting instructions or a dispute arises as to authorization with regard to the handling of the account, you agree that we may place a hold on the account until such conflict or dispute is resolved to our satisfaction, and we will not be liable for dishonored items as a result of such hold. With respect to all Fiduciary Accounts, including but not limited to Estate Accounts, Guardianship Accounts, Conservatorship Accounts, and any Formal Trust Account, Uniform Transfers to Minors Act Account, or Agency Account, we reserve the right to require such documents and authorizations as we may deem necessary or appropriate to satisfy that the person(s) requesting or directing the withdrawal of funds held in the account has the authority to withdraw such funds. This applies at the time of account opening and at all times thereafter. Subject to applicable law, an Attorney Client Trust, or Interest on Lawyers Trust Account (IOLTA) Trust Account, is an account set up by an attorney or law firm to hold client or third party funds in trust, separate from the attorney’s or law firm’s funds. Upon our request, the authorized signers for an Attorney Client Trust, or IOLTA Trust Account, will provide documentation required by applicable state law and applicable bar association or similar entity rules. We act only as custodian of the trust funds and are not obligated under no obligation to cash checks payable to you act as a trustee or to accept “less cash” deposits. Notwithstanding anything inquire as to the contrarypowers or duties of the attorney or law firm as trustee(s). The attorney, the relationship between you and the Bank is one of debtor/creditorlaw firm, not fiduciary, even if or any authorized individual on the account is titled as a “fiduciary” account with that role being played by you. You agree that each eligible signer is authorized agrees to endorse for collectionindemnify, deposit, or negotiation defend and hold us harmless from and against any and all checksloss, draftscosts, notesdamage, bills liability, or exposure, including reasonable attorney’s fees, we may suffer or incur arising out of exchangeany action or claim by any client or third party with respect to the authority, certificates of depositactions, and orders for or inaction taken by the payment trustee(s) or transfer of money between accounts at authorized individuals in handling or dealing with the Bank and other banks, either belonging to or coming into the possession of the businessaccount. Endorsements “for deposit” Additional account terms may be written governed by a separate agreement. If this is an IOLTA Trust Account, we will not permit the lawyer or stampedlaw firm to receive the interest. We may accept any instrument IOLTA Trust Accounts are used to hold an attorney’s or law firm’s client funds that are nominal in amount or held for deposit to any depository account short periods of the business without endorsement or may supply the endorsement of the business. The person(s) so designated is authorized to sign any and all checks, drafts and orders drawn against any designated account(s) of the business at the Bank. We are authorized to honor and pay all checks, drafts and orders when so signed or endorsed without inquiry as to the circumstances of issue or disposition of the proceeds even if doing so causes an overdraft or increases an overdraft and regardless of to whom such instruments are payable or endorsed, including those drawn or endorsed to the individual order of any such person so listedtime.

Appears in 9 contracts

Samples: Savings Account Agreement, Deposit Account Agreement, Deposit Account Agreement

Business Accounts. Where If the Business Account is not owned by a natural person (such as a corporation, unincorporated association or partnership, limited liability company, partnershipunincorporated association, including a limited partnership, limited liability partnership, or joint venture, government entity or sole proprietor is designated or appears on a signature card as the owner of such accountetc.), then the account is payable only holder must provide us with evidence to or our satisfaction of the authority of the individuals who sign the signature card to act on behalf of the account holder. On any transactions involving the account, we may act on the order instructions of the businessperson(s) authorized in the resolutions, and not banking agreement, or certificate of authority to any individual director, shareholder, member or partner thereof except as they may be a payee act on a check or other item drawn on your account. You further represent and agree that the business has taken all action necessary to open and maintain banking accounts at the Bank and that all resolutions and/or other documentation delivered to us in connection with behalf of the account are true, accurate, complete, and will be kept up to date and may be conclusively relied upon by usholder. You agree to notify us in advance writing of any change changes in your the person(s) authorized or the form of ownership. You also If we receive conflicting instructions or a dispute arises as to authorization with regard to the handling of the account, you agree that we may place a hold on the account until such conflict or dispute is resolved to our satisfaction, and we will not be liable for dishonored items as a result of such hold. With respect to all Fiduciary Accounts, including but not limited to Estate Accounts, Guardianship Accounts, Conservatorship Accounts, and any Formal Trust Account, Uniform Transfers to Minors Act Account, or Agency Account, we reserve the right to require such documents and authorizations as we may deem necessary or appropriate to satisfy that the person(s) requesting or directing the withdrawal of funds held in the account has the authority to withdraw such funds. This applies at the time of account opening and at all times thereafter. Subject to applicable law, an Attorney Client Trust, or Interest on Lawyers Trust Account (IOLTA) Trust Account, is an account set up by an attorney or law firm to hold client or third-party funds in trust, separate from the attorney’s or law firm’s funds. Upon our request, the authorized signers for an Attorney Client Trust, or IOLTA Trust Account, will provide documentation required by applicable state law and applicable bar association or similar entity rules. We act only as custodian of the trust funds and are not obligated under no obligation to cash checks payable to you act as a trustee or to accept “less cash” deposits. Notwithstanding anything inquire as to the contrarypowers or duties of the attorney or law firm as trustee(s). The attorney, the relationship between you and the Bank is one of debtor/creditorlaw firm, not fiduciary, even if or any authorized individual on the account is titled as a “fiduciary” account with that role being played by you. You agree that each eligible signer is authorized agrees to endorse for collectionindemnify, deposit, or negotiation defend and hold us harmless from and against any and all checksloss, draftscosts, notesdamage, bills liability, or exposure, including reasonable attorney’s fees, we may suffer or incur arising out of exchangeany action or claim by any client or third party with respect to the authority, certificates of depositactions, and orders for or inaction taken by the payment trustee(s) or transfer of money between accounts at authorized individuals in handling or dealing with the Bank and other banks, either belonging to or coming into the possession of the businessaccount. Endorsements “for deposit” Additional account terms may be written governed by a separate agreement. If this is an IOLTA Trust Account, we will not permit the lawyer or stampedlaw firm to receive the interest. We may accept any instrument IOLTA Trust Accounts are used to hold an attorney’s or law firm’s client funds that are nominal in amount or held for deposit to any depository account short periods of the business without endorsement or may supply the endorsement of the business. The person(s) so designated is authorized to sign any and all checks, drafts and orders drawn against any designated account(s) of the business at the Bank. We are authorized to honor and pay all checks, drafts and orders when so signed or endorsed without inquiry as to the circumstances of issue or disposition of the proceeds even if doing so causes an overdraft or increases an overdraft and regardless of to whom such instruments are payable or endorsed, including those drawn or endorsed to the individual order of any such person so listedtime.

Appears in 4 contracts

Samples: Deposit Account Agreement, Deposit Account Agreement, Deposit Account Agreement

Business Accounts. Where If the Account is not owned by a natural person (for example, it is owned by a corporation, unincorporated association or partnership, limited liability company, partnershipsole proprietorship, including a limited partnershipunincorporated association, limited liability partnership, or joint venture, government entity or sole proprietor is designated or appears on a signature card as the owner of such accountetc.), then the account is payable only Account Holder must provide us with evidence to or our satisfaction of the authority of the individuals who sign the signature card to act on behalf of the Account Holder. On any transactions involving the Account, we may act on the order instructions of the businessperson(s) authorized in the resolutions, and not banking agreement, or certificate of authority to any individual director, shareholder, member or partner thereof except as they may be a payee act on a check or other item drawn on your account. You further represent and agree that behalf of the business has taken all action necessary to open and maintain banking accounts at the Bank and that all resolutions and/or other documentation delivered to us in connection with the account are true, accurate, complete, and will be kept up to date and may be conclusively relied upon by usAccount Holder. You agree to notify us in advance writing of any change changes in your the person(s) authorized or the form of ownership. You also If we receive conflicting instructions or a dispute arises as to authorization with regard to the handling of the Account, you agree we may place a hold on the Account until such conflict or dispute is resolved to our satisfaction and we will not be liable for dishonored items as a result of such hold. FIDUCIARY ACCOUNTS. With respect to all fiduciary accounts, including but not limited to estate accounts, guardianship accounts, representative payee accounts, and conservatorship accounts, and any Formal Trust Account, Uniform Transfers to Minors Act Account, or Agency Account, we reserve the right to require such documents and authorizations as we may deem necessary or appropriate to satisfy that we the person(s) requesting or directing the withdrawal of funds held in the Account have the authority to withdraw such funds. This applies at the time of account opening and at all times thereafter. ATTORNEY CLIENT TRUST. Subject to applicable law, an Attorney Client Trust is an account set up by an attorney or law firm to hold client or third party funds in trust, separate from the attorney's or law firm's funds. Upon our request, the authorized signers for an Attorney Client Trust will provide documentation required by applicable state law and applicable bar association (or similar entity) rules. We act only as custodian of the trust funds and are not obligated under no obligation to cash checks payable to you act as a trustee or to accept “less cash” deposits. Notwithstanding anything inquire as to the contrarypowers or duties of the attorney or law firm as trustee(s). The attorney, the relationship between you and the Bank is one of debtor/creditorlaw firm, not fiduciary, even if or any authorized individual on the account is titled as a “fiduciary” account with that role being played by you. You agree that each eligible signer is authorized agrees to endorse for collection, deposit, or negotiation indemnify and hold us harmless from and against any and all checksloss, draftscosts, notesdamage, bills liability, or exposure, including reasonable attorney's fees, we may suffer or incur arising out of exchange, certificates of deposit, and orders for the payment any action or transfer of money between accounts at the Bank and other banks, either belonging to claim by any beneficiary or coming into the possession of the business. Endorsements “for deposit” may be written or stamped. We may accept any instrument for deposit to any depository account of the business without endorsement or may supply the endorsement of the business. The person(s) so designated is authorized to sign any and all checks, drafts and orders drawn against any designated account(s) of the business at the Bank. We are authorized to honor and pay all checks, drafts and orders when so signed or endorsed without inquiry as third party with respect to the circumstances of issue authority, actions, or disposition of inaction taken by the proceeds even if doing so causes an overdraft trustee(s) or increases an overdraft and regardless of to whom such instruments authorized individuals in handling or dealing with the account. Additional account terms are payable or endorsed, including those drawn or endorsed to the individual order of any such person so listedgoverned by a separate agreement.

Appears in 4 contracts

Samples: Deposit Account Agreement, Time Deposit Agreement, Time Deposit Agreement

Business Accounts. Where If the Account is not owned by a natural person (for example, it is owned by a corporation, unincorporated association or partnership, limited liability company, partnershipsole proprietorship, including a limited partnershipunincorporated association, limited liability partnership, or joint venture, government entity or sole proprietor is designated or appears on a signature card as the owner of such accountetc.), then the account is payable only Account Holder must provide us with evidence to or our satisfac tion of the authority of the individuals who sign the signature card to act on behalf of the Account Holder. On any transactions involving the Account, we may act on the order instructions of the businessperson(s) authorized in the resolutions, and not banking agreement, or certificate of authority to any individual director, shareholder, member or partner thereof except as they may be a payee act on a check or other item drawn on your account. You further represent and agree that behalf of the business has taken all action necessary to open and maintain banking accounts at the Bank and that all resolutions and/or other documentation delivered to us in connection with the account are true, accurate, complete, and will be kept up to date and may be conclusively relied upon by usAccount Holder. You agree to notify us in advance writing of any change changes in your the person(s) authorized or the form of ownership. You also If we receive conflicting instructions or a dispute arises as to authorization with regard to the handling of the Account, you agree we may place a hold on the Account until such conflict or dispute is resolved to our satisfaction and we will not be liable for dishonored items as a result of such hold. FIDUCIARY ACCOUNTS. With respect to all fiduciary accounts, including but not limited to estate accounts, guardianship accounts, representative payee accounts, and conservatorship accounts, and any Formal Trust Account, Uniform Transfers to Minors Act Account, or Agency Acco unt, we reserve the right to require such documents and authorizations as we may deem necessary or appropriate to satisfy that the person(s) requesting or directing the withdrawal of funds held in the Account have the authority to withdraw such funds. This applies at the time of account openin g and at all times thereafter. ATTORNEY CLIENT TRUST. Subject to applicable law, an Attorney Client Trust is an account set up by an attorney or law firm to hold client or third party funds in trust, separate from the attorney's or law firm's funds. Upon our request, the authorized signers for an Attorney Client Trust will provide documentation required by applicable state law and applicable bar association (or similar entity) rules. We act only as custodian of the trust funds and are under no obligation to act as a trustee or to inquire as to the powers or duties of the attorney or law firm as tr ustee(s). The attorney, law firm, or any authorized individual on the account agrees to indemnify and hold us harmless from and against any and all loss, costs, damage, liability, or exposure, including reasonable attorney's fees, we may suffer or incur arising out of any action or claim by any beneficiary or third party with respect to the authority, actions, or inaction taken by the trustee(s) or authorized individuals in handling or dealing with the account. Additional ac count terms are governed by a separate agreement. REAL ESTATE BROKER CLIENT TRUST ACCOUNTS. Subject to applicable law, a real estate broker may open account(s) to hold client or third party funds in trust, separate from the broker's funds. We act only as custodian of the funds. We are under no obligation to act as a trustee or to inquire as to the powers or duties of the broker or other authorized signer(s) as trustee(s). The broker and any authorized individual on the account in their individual capacity and jointly and severally, agree to indemnify and hold us harmless from and against any and all loss, costs, damage, liability, or exposure, including reasonable attorney's fees, we may suffer or incur arising out of any action or claim by any client or third party with respect to the authority, actions or inaction taken by the broker or authorized signer(s) in handling or dealing with the Account. Upon our request, th e authorized signer(s) for this type of account will provide to us any documents required by applicable law and /or real est ate professional rules. GOVERNMENT/MUNICIPAL/PUBLIC FUNDS ACCOUNTS. This type of account is owned by a government or public entity. For this type of account, you agree to provide us with authorization document(s) (in a form acceptable to us) stating that we are not obligated designated as a depository for the funds of the government or public entity and such documentation shall state the individual(s) authorized to cash checks payable to you act on behalf of the governmen t or to accept “less cash” deposits. Notwithstanding anything to the contrary, the relationship between you public entity and the Bank is one extent of debtor/creditor, not fiduciary, even if the account is titled as a “fiduciary” account with that role being played by you. You agree that each eligible signer is authorized to endorse for collection, deposit, or negotiation any and all checks, drafts, notes, bills of exchange, certificates of deposit, and orders for the payment or transfer of money between accounts at the Bank and other banks, either belonging to or coming into the possession of the business. Endorsements “for deposit” may be written or stampedtheir authority. We may accept any instrument for deposit to any depository account rely upon such documentation until we receive written notice of the business without endorsement or may supply the endorsement of the business. The person(s) so designated is authorized to sign any a change and all checks, drafts and orders drawn against any designated account(s) of the business at the Banknew authorization documents. We are not responsible for any transaction conducted by a previously authorized individual until we actually receive written notice that the authorized individual's authority has been revoked. Unless specifically stated otherwise in the authorization document(s), we can rely on one authoriz ation for all accounts owned by the government or public entity. If required by law, you agree to honor and pay all checks, drafts and orders when so signed or endorsed without inquiry as to the circumstances enter into a Collateral Security Agreement regarding this type of issue or disposition of the proceeds even if doing so causes an overdraft or increases an overdraft and regardless of to whom such instruments are payable or endorsed, including those drawn or endorsed to the individual order of any such person so listedaccount.

Appears in 3 contracts

Samples: Deposit Account Agreement, Deposit Account Agreement, Deposit Account Agreement

Business Accounts. Where a Business accounts are those established by any partnership, corporation, unincorporated association or limited liability company, partnership, including a limited partnership, limited liability partnership, association or joint venture, government other entity or sole proprietor is designated or appears operated on a for-profit basis; all corporations and associations operated on a not-for-profit basis; all governmental units; and any individual who intends to use the account for carrying on a trade or business. A business account is not considered a “consumer” account. The business entity and each person who signs the signature card as the owner of such card, any resolution or any other separate written authorization concerning a business account, then the account is payable only represents to or on the order of the business, and not to any individual director, shareholder, member or partner thereof except as they may be a payee on a check or other item drawn on your account. You further represent and agree agrees with us that (a) the business entity has taken all action actions necessary to open and maintain banking accounts at the Bank and that account, (b) all resolutions and/or or other documentation delivered authorizations given to us in connection with by or on behalf of the account business entity are true, accurateaccurate and complete in all respects, complete(c) all assumed or fictitious names used by the business entity have been duly registered or filed with the applicable governmental authorities, and will be kept up (d) each person whose name is written or printed on the signature card or any resolution or any other separate written authorization concerning the account has complete authority to date and may be conclusively relied upon by usbind the business entity in all transactions involving the account unless otherwise specified. You agree The business entity agrees to notify us promptly in advance writing of any change in your its form of ownership. You also agree that we are not obligated to cash checks payable to you organization or to accept “less cash” deposits. Notwithstanding anything ownership or in the authority of any person with respect to the contrary, account or any transactions relating to it. We also reserve the relationship between you and right to require the Bank is one of debtor/creditor, not fiduciary, even if the account is titled as business entity to give us a “fiduciary” account with that role being played by you. You agree that each eligible signer separate written authorization telling us who is authorized to endorse for collection, deposit, or negotiation any and all checks, drafts, notes, bills of exchange, certificates of deposit, and orders for the payment or transfer of money between accounts at the Bank and other banks, either belonging to or coming into the possession of the business. Endorsements “for deposit” may be written or stamped. We may accept any instrument for deposit to any depository account of the business without endorsement or may supply the endorsement of the business. The person(s) so designated is authorized to sign any and all checks, drafts and orders drawn against any designated account(s) of the business at the Bankact on its behalf. We are authorized to honor follow the directions of a person designated as having authority to act on behalf of the business entity until we receive written notice that the authority has been terminated; provided that any change in authorized signatures is not effective until two business days after we receive notice of such change, not counting the actual day we receive the notice, although we may recognize such notice earlier. However, if the business entity imposes restrictions on the authorized signatories or if the entity instructs us that more than one signature is required, these designations are for the business’s internal purposes only, and pay all you authorize us to debit the business’s account even though an item presented contains less than the required number of signatures. In consideration of our acceptance of this account under a trade name, for the purpose of cashing or negotiating checks, drafts drafts, or other negotiable instruments payable to that trade name, and orders when so signed endorsed in that name, the business entity agrees to defend and indemnify us against any loss or endorsed without inquiry as liability based upon our acceptance for payment or credit of checks or other negotiable instruments drawn to the circumstances order of issue and/or endorsed in that trade name. The business entity certifies it will not engage in unlawful internet gambling. Restricted transactions are prohibited from being processed through the account or disposition relationship. Restricted transactions include but are not limited to: transactions or transmittals involving any credit, funds, instrument, or proceeds that the Unlawful Internet Gambling Act prohibits any person engaged in the business of betting or wagering (which does not include the activities of a financial transaction provider, or any interactive computer service or telecommunications service) from knowingly accepting, in connection with the participation of another person in unlawful Internet gambling— 1. Credit, or the proceeds even of credit, extended to or on behalf of such other person (including credit extended through the use of a credit card); 2. An electronic fund transfer, or funds transmitted by or through a money transmitting business, or the proceeds of an electronic fund transfer or money transmitting service, from or on behalf of such other person; or 3. Any check, draft, or similar instrument that is drawn by or on behalf of such other person and is drawn on or payable at or through any financial institution. We reserve the right, with advance notice, to change the classification of an account as a consumer account to a business account if doing so causes an overdraft we determine, in our discretion that the account is not being used primarily for personal, family, or increases an overdraft and regardless of to whom such instruments are payable or endorsed, including those drawn or endorsed to the individual order of any such person so listedhousehold purposes.

Appears in 2 contracts

Samples: Disclosure and Agreement for Savings and Transaction Accounts, Disclosure and Agreement for Savings and Transaction Accounts

Business Accounts. Where a corporation, unincorporated association or limited liability company, partnership, including a limited partnership, limited liability partnership, or joint venture, government entity or sole proprietor is designated or appears on a signature card as the owner of such account, then the account is payable only to or on the order of the businessthebusiness, and not to any individual director, shareholder, member or partner thereof except as they may be a payee on a check or other item drawn on your account. You further represent and agree that the business has taken all action necessary to open and maintain banking accounts at the Bank and that all resolutions and/or other documentation delivered to us in connection with the account are true, accurate, complete, and will be kept up to date and may be conclusively relied upon by us. You agree to notify us in advance of any change in your form of ownership. You also agree that we are not obligated to cash checks payable to you or to accept “less cash” deposits. Notwithstanding anything to the contrary, the relationship between you and the Bank is one of debtor/creditor, not fiduciary, even if the account is titled as a “fiduciary” account with that role being played by you. You agree that each eligible signer is authorized to endorse for collection, deposit, or negotiation any and all checks, drafts, notes, bills of exchange, certificates of deposit, and orders for the payment or transfer of money between accounts at the Bank and other banks, either belonging to or coming into the possession of the business. Endorsements “for deposit” may be written or stamped. We may accept any instrument for deposit to any IIany depository account of the business without endorsement or may supply the endorsement of the business. The person(s) so designated is authorized to sign any and all checks, drafts and orders drawn against any designated account(s) of the business at the Bank. We are authorized to honor and pay all checks, drafts and orders when so signed or endorsed without inquiry as to the circumstances of issue or disposition of the proceeds even if doing so causes an overdraft or increases an overdraft and regardless of to whom such instruments are payable or endorsed, including those drawn or endorsed to the individual order of any such person so listed.

Appears in 1 contract

Samples: Deposit Account Disclosure Statement and Agreement

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Business Accounts. Where a Business accounts are those established by any partnership, corporation, unincorporated association or limited liability company, partnership, including a limited partnership, limited liability partnership, association or joint venture, government other entity or sole proprietor is designated or appears operated on a for-profit basis; all corporations and associations operated on a not-for-profit basis; all governmental units; and any individual who intends to use the account for carrying on a trade or business. The business entity and each person who signs the signature card as the owner of such card, any resolution or any other sepa- rate written authorization concerning a business account, then the account is payable only represents to or on the order of the business, and not to any individual director, shareholder, member or partner thereof except as they may be a payee on a check or other item drawn on your account. You further represent and agree agrees with us that (a) the business entity has taken all action actions necessary to open and maintain banking accounts at the Bank and that account, (b) all resolutions and/or resolu- tions or other documentation delivered authorizations given to us in connection with by or on behalf of the account business entity are true, accurateaccurate and complete in all respects, complete(c) all assumed or fictitious names used by the business entity have been duly registered or filed with the applicable governmental authorities, and will be kept up (d) each person whose name is written or printed on the signature card or any reso- lution or any other separate written authorization concerning the account has complete authority to date and may be conclusively relied upon by usbind the business entity in all transactions involving the account unless otherwise specified. You agree The business entity agrees to notify us promptly in advance writing of any change in your its form of ownership. You also agree that we are not obligated to cash checks payable to you organization or to accept “less cash” deposits. Notwithstanding anything ownership or in the authority of any person with respect to the contrary, account or any transactions relating to it. We also reserve the relationship between you and right to require the Bank is one of debtor/creditor, not fiduciary, even if the account is titled as busi- ness entity to give us a “fiduciary” account with that role being played by you. You agree that each eligible signer separate written authoriza- tion telling us who is authorized to endorse for collection, deposit, or negotiation any and all checks, drafts, notes, bills of exchange, certificates of deposit, and orders for the payment or transfer of money between accounts at the Bank and other banks, either belonging to or coming into the possession of the business. Endorsements “for deposit” may be written or stamped. We may accept any instrument for deposit to any depository account of the business without endorsement or may supply the endorsement of the business. The person(s) so designated is authorized to sign any and all checks, drafts and orders drawn against any designated account(s) of the business at the Bankact on its behalf. We are authorized to honor follow the directions of a per- son designated as having authority to act on behalf of the business entity until we receive written notice that the authority has been terminated; provided that any change in authorized signatures is not effective until two business days after we receive notice of such change, not counting the actual day we receive the notice, although we may recognize such notice earlier. However, if the business entity imposes restrictions on the authorized signatories or if the entity instructs us that more than one signature is required, these designations are for the business's internal pur- poses only, and pay all you authorize us to debit the business's account even though an item pre- sented contains less than the required number of signatures. In consideration of our acceptance of this account under a trade name, for the purpose of cashing or negotiating checks, drafts drafts, or other negotiable instruments payable to that trade name, and orders when so signed endorsed in that name, the business entity agrees to defend and indemnify us against any loss or endorsed without inquiry as liability based upon our acceptance for payment or credit of checks or other negotiable instruments drawn to the circumstances of issue or disposition of the proceeds even if doing so causes an overdraft or increases an overdraft and regardless of to whom such instruments are payable or endorsed, including those drawn or endorsed to the individual order of any such person so listedand/or endorsed in that trade name. We reserve the right, with advance notice, to change the classification of an account as a con- sumer account to a business account if we deter- mine, in our discretion that the account is not being used primarily for personal, family, or household purposes.

Appears in 1 contract

Samples: Disclosure and Agreement for Certificates of Deposit

Business Accounts. Where A business account (hereinafter “Business Account” or “Account”) is an account opened by a corporationnon-natural person entity. To open a Business Account, unincorporated association the entity must qualify for membership in its own right or limited liability companyif its shareholders, partnershippartners, including owners or members are composed for the most part of persons who are within the field of membership of this Credit Union. Business Checking Accounts are intended for business/commercial purposes and cannot be used for personal, family or household uses. You must open a limited partnership, limited liability partnership, or joint venture, government entity or sole proprietor is designated or appears Business Membership Savings Account to open any subsequent accounts. You must maintain the Business Membership Savings Account in good standing to avoid closure of that account and any subsequent accounts. Each Authorized Signer on a signature card as Business Account must be at least eighteen (18) years of age. Each Authorized Signer on a Business Account is duly authorized to act with respect to the owner of such account, then Account(s) and we are authorized to act on all matters relating to the account is payable only to or on Account(s) upon the order of any one of the business, and not Authorized Signers until we receive written instructions to any individual director, shareholder, member or partner thereof except the contrary from an authorized representative (as they may be a payee defined on a check or other item drawn on your accountthe Business Membership Application). You further represent and certify that any signatures appearing on the Business Membership Application are the genuine signatures of said authorized persons. You agree that any instruction to permit withdrawal only upon the business has taken all action necessary to open signature of two or more Authorized Signers or agents is for your internal use and maintain banking accounts at the Bank and that all resolutions and/or other documentation delivered to us in connection with the account are true, accurate, complete, benefit only and will not be kept up binding on us. You agree that we shall not be liable for any lack of signatures so long as the instructions contain the signature of or have been authorized by at least one Authorized Signer. Any payment made from your Account in good faith and reliance on the terms and conditions of this Agreement and the Business Membership Application shall be valid and discharge us from liability. Without limiting the foregoing, we may honor checks drawn against your Account by Authorized Signers, even if the checks are made payable to date and may be conclusively relied upon by usthem, to cash, or for deposit to their personal accounts. We have no duty to investigate or question withdrawals or the application of funds. You agree to notify us in advance immediately of the death or court-declared incompetence of any change in Authorized Signer on your form of ownershipAccount. We may freeze your Account and refuse to accept deposits when an Authorized Signer dies or is declared incompetent. You also understand and agree that access to and ownership of an Account is determined by the most recent Resolution and Business Membership Application we have on file. If there is a change to a sole proprietor, partner, member, or office of the business, a new Business Membership Application must be filled out for each account affected. If a non-owner Authorized Signer is changing, you must complete a Business Membership Application. Changes to the membership information will be made by you in writing or by another secured method approved by us. You understand and agree that we are not obligated may terminate account products at our option without written notice to cash checks payable to you or to accept “less cash” deposits. Notwithstanding anything to the contrary, the relationship between you and the Bank is one of debtor/creditor, not fiduciary, even if the account is titled as a “fiduciary” account with that role being played by you. You agree that each eligible signer is authorized to endorse for collection, deposit, or negotiation any and all checks, drafts, notes, bills of exchange, certificates of deposit, and orders for the payment or transfer of money between accounts at the Bank and other banks, either belonging to or coming into the possession of the business. Endorsements “for deposit” may be written or stamped. We may accept also suspend offering account products from time to time at our discretion without notice to you. We require any instrument account established by a minor to be a jointly owned account with an owner who is either the minor’s parent, grandparent, or legal guardian, has reached the age of majority under state law and who shall be jointly and severally liable to us for deposit any returned item, overdraft, or unpaid charges or amounts on such account. We may pay funds directly to the minor without regard to his or her minority. Unless the minor’s parent, grandparent, or legal guardian is an account owner, this individual shall not have any depository account access rights. We have no duty to inquire about the use or purpose of any transaction. The Xxxxxxxxx ESA may only be opened on an account already established in the name of the business without endorsement or minor and only one parent may supply be named as the endorsement of Responsible Individual on the business. The person(s) so designated is authorized account which may change to sign any and all checks, drafts and orders drawn against any designated account(s) of the business child at the Bankage of majority if this was chosen when the account was established. We are authorized to honor and pay all checks, drafts and orders when so signed or endorsed without inquiry as to the circumstances of issue or disposition of the proceeds even if doing so causes an overdraft or increases an overdraft and regardless of to whom such instruments are payable or endorsed, including those drawn or endorsed to the individual order of any such person so listedThere is no joint owner on a Xxxxxxxxx ESA.

Appears in 1 contract

Samples: Membership and Account Agreement

Business Accounts. Where A business account (hereinafter “Business Account” or “Account”) is an account opened by a corporationnon-natural person entity. To open a Business Account, unincorporated association the entity must qualify for membership in its own right or limited liability companyif its shareholders, partnershippartners, including owners or members are composed for the most part of persons who are within the field of membership of this Credit Union. Business Checking Accounts are intended for business/commercial purposes and cannot be used for personal, family or household uses. You must open a limited partnership, limited liability partnership, or joint venture, government entity or sole proprietor is designated or appears Business Membership Savings Account to open any subsequent accounts. You must maintain the Business Membership Savings Account in good standing to avoid closure of that account and any subsequent accounts. Each Authorized Signer on a signature card as Business Account must be at least eighteen (18) years of age. Each Authorized Signer on a Business Account is duly authorized to act with respect to the owner of such account, then Account(s) and we are authorized to act on all matters relating to the account is payable only to or on Account(s) upon the order of any one of the business, and not Authorized Signers until we receive written instructions to any individual director, shareholder, member or partner thereof except the contrary from an authorized representative (as they may be a payee defined on a check or other item drawn on your accountthe Business Membership Application). You further represent and certify that any signatures appearing on the Business Membership Application are the genuine signatures of said authorized persons. You agree that any instruction to permit withdrawal only upon the business has taken all action necessary to open signature of two or more Authorized Signers or agents is for your internal use and maintain banking accounts at the Bank and that all resolutions and/or other documentation delivered to us in connection with the account are true, accurate, complete, benefit only and will not be kept up binding on us. You agree that we shall not be liable for any lack of signatures so long as the instructions contain the signature of or have been authorized by at least one Authorized Signer. Any payment made from your Account in good faith and reliance on the terms and conditions of this Agreement and the Business Membership Application shall be valid and discharge us from liability. Without limiting the foregoing, we may honor checks drawn against your Account by Authorized Signers, even if the checks are made payable to date and may be conclusively relied upon by usthem, to cash, or for deposit to their personal accounts. We have no duty to investigate or question withdrawals or the application of funds. You agree to notify us in advance immediately of the death or court-declared incompetence of any change in Authorized Signer on your form of ownershipAccount. We may freeze your Account and refuse to accept deposits when an Authorized Signer dies or is declared incompetent. You also understand and agree that access to and ownership of an Account is determined by the most recent Resolution and Business Membership Application we have on file. If there is a change to a sole proprietor, partner, member, or office of the business, a new Business Membership Application must be filled out for each account affected. If a non- owner Authorized Signer is changing, you must complete a Business Membership Application. Changes to the membership information will be made by you in writing or by another secured method approved by us. You understand and agree that we are not obligated may terminate account products at our option without written notice to cash checks payable to you or to accept “less cash” deposits. Notwithstanding anything to the contrary, the relationship between you and the Bank is one of debtor/creditor, not fiduciary, even if the account is titled as a “fiduciary” account with that role being played by you. You agree that each eligible signer is authorized to endorse for collection, deposit, or negotiation any and all checks, drafts, notes, bills of exchange, certificates of deposit, and orders for the payment or transfer of money between accounts at the Bank and other banks, either belonging to or coming into the possession of the business. Endorsements “for deposit” may be written or stamped. We may accept also suspend offering account products from time to time at our discretion without notice to you. We require any instrument account established by a minor to be a jointly owned account with an owner who is either the minor’s parent, grandparent, or legal guardian, has reached the age of majority under state law and who shall be jointly and severally liable to us for deposit any returned item, overdraft, or unpaid charges or amounts on such account. We may pay funds directly to the minor without regard to his or her minority. Unless the minor’s parent, grandparent, or legal guardian is an account owner, this individual shall not have any depository account access rights. We have no duty to inquire about the use or purpose of any transaction. The Xxxxxxxxx ESA may only be opened on an account already established in the name of the business without endorsement or minor and only one parent may supply be named as the endorsement of Responsible Individual on the business. The person(s) so designated is authorized account which may change to sign any and all checks, drafts and orders drawn against any designated account(s) of the business child at the Bankage of majority if this was chosen when the account was established. We are authorized to honor and pay all checks, drafts and orders when so signed or endorsed without inquiry as to the circumstances of issue or disposition of the proceeds even if doing so causes an overdraft or increases an overdraft and regardless of to whom such instruments are payable or endorsed, including those drawn or endorsed to the individual order of any such person so listedThere is no joint owner on a Xxxxxxxxx ESA.

Appears in 1 contract

Samples: Membership and Account Agreement

Business Accounts. Where a Business accounts are those established by any partner- ship, corporation, unincorporated association or limited liability company, partnership, including a limited partnership, limited liability partnership, association or joint venture, government other entity or sole proprietor is designated or appears operated on a signature card as for-profit basis; all corporations and associations operated on a not-for-profit basis; all governmental units; and any individual who intends to use the owner of such account for carrying on a trade or business. The business entity and each person who signs the sig- nature card, any resolution or any other separate written authorization concerning a business account, then the account is payable only represents to or on the order of the business, and not to any individual director, shareholder, member or partner thereof except as they may be a payee on a check or other item drawn on your account. You further represent and agree agrees with us that (a) the business entity has taken all action actions necessary to open and maintain banking accounts at the Bank and that account, (b) all resolutions and/or or other documentation delivered authorizations given to us in connection with by or on behalf of the account business entity are true, accurateaccurate and complete in all respects, complete(c) all assumed or fictitious names used by the business entity have been duly registered or filed with the applicable governmental authorities, and will be kept up (d) each person whose name is written or printed on the signature card or any resolution or any other separate written authorization concerning the account has complete authority to date and may be conclusively relied upon by usbind the business entity in all transactions involving the account unless otherwise specified. You agree The business entity agrees to notify us promptly in advance writing of any change in your its form of ownership. You also agree that we are not obligated to cash checks payable to you organization or to accept “less cash” deposits. Notwithstanding anything ownership or in the authority of any person with respect to the contrary, account or any transactions relating to it. We also reserve the relationship between you and right to require the Bank is one of debtor/creditor, not fiduciary, even if the account is titled as business entity to give us a “fiduciary” account with that role being played by you. You agree that each eligible signer separate written authorization telling us who is authorized to endorse for collection, deposit, or negotiation any and all checks, drafts, notes, bills of exchange, certificates of deposit, and orders for the payment or transfer of money between accounts at the Bank and other banks, either belonging to or coming into the possession of the business. Endorsements “for deposit” may be written or stamped. We may accept any instrument for deposit to any depository account of the business without endorsement or may supply the endorsement of the business. The person(s) so designated is authorized to sign any and all checks, drafts and orders drawn against any designated account(s) of the business at the Bankact on its behalf. We are authorized to honor follow the directions of a person designated as having authority to act on behalf of the business entity until we receive written notice that the authority has been terminated; provided that any change in authorized signatures is not effective until two business days after we receive notice of such change, not counting the actual day we receive the notice, although we may recognize such notice earlier. However, if the business entity imposes restrictions on the authorized signatories or if the entity instructs us that more than one signature is required, these designations are for the business’s internal purposes only, and pay all you authorize us to debit the business’s account even though an item presented contains less than the required number of signatures. In consideration of our acceptance of this account under a trade name, for the purpose of cashing or negotiating checks, drafts drafts, or other negotiable instru- ments payable to that trade name, and orders when so signed endorsed in that name, the business entity agrees to defend and indem- nify us against any loss or endorsed without inquiry as liability based upon our accep- tance for payment or credit of checks or other negotiable instruments drawn to the circumstances order of issue and/or endorsed in that trade name. The business entity certifies they will not engage in unlawful internet gambling. Restricted transactions are prohibited from being processed through the account or disposition relationship. Restricted transactions included but are not limited to: transactions or transmittals involving any credit, funds, instrument, or proceeds that the Unlawful Internet Gambling Act prohibits any person engaged in the business of betting or wagering (which does not include the activities of a financial transaction provider, or any interactive computer service or telecommunications service) from knowingly accepting, in connection with the participation of another person in unlawful Internet gambling— 1. Credit, or the proceeds even of credit, extended to or on behalf of such other person (including credit extended through the use of a credit card); 2. An electronic fund transfer, or funds transmitted by or through a money transmitting business, or the proceeds of an electronic fund transfer or money transmitting service, from or on behalf of such other person; or 3. Any check, draft, or similar instrument that is drawn by or on behalf of such other person and is drawn on or payable at or through any financial institution. We reserve the right, with advance notice, to change the classification of an account as a consumer account to a business account if doing so causes an overdraft we determine, in our discretion that the account is not being used primarily for personal, fam- ily, or increases an overdraft and regardless of to whom such instruments are payable or endorsed, including those drawn or endorsed to the individual order of any such person so listedhousehold purposes.

Appears in 1 contract

Samples: Disclosure and Agreement for Savings and Transaction Accounts

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