Common use of Multiple Party Account Owner Liability Clause in Contracts

Multiple Party Account Owner Liability. If a deposited item in a multiple-party account is returned unpaid, an account is overdrawn, or if we do not receive final payment on a trans- action, the owners, jointly and severally, are liable to us for the amount of the returned item, overdraft or unpaid amount and any charges, regardless of who initiated or benefited from the transaction. If one or more owners owe the Credit Union money that is due, we can, to the extent permitted by law, enforce our rights against any account of an owner, or all funds in the multiple-party accounts, regardless of who contributed them. PAYABLE ON DEATH (POD)/TRUST ACCOUNT DESIGNATIONS A POD account or trust account designation is an instruction to the Credit Union that a single or multiple-party account so designated is payable to the owner(s) during his, her or their lifetimes and, when the last account owner dies, payable to any named and surviving POD or trust beneficiary/payee. Accounts payable to more than one surviving beneficiary/ payee are owned jointly by such beneficiaries/payees without rights of survivorship. Any POD or trust beneficiary/payee designation shall not apply to Individual Retirement Ac- counts (IRAs), which are governed by a separate beneficiary/payee designation. We are not obligated to notify any beneficiary/payee of the existence of any account or the vesting of the beneficiary/payee interest in any account, except as otherwise provided by law. ACCOUNTS FOR MINORS We may require any account established by a minor to be a multiple-party account with an owner who has reached the age of majority under state law and who shall be jointly and severally liable to us for any returned item, overdraft or unpaid charges or amounts on such account. We may pay funds directly to the minor without regard to his or her minority. Unless a guardian or parent is an account owner, the guardian or parent shall not have any account access rights. We have no duty to inquire about the use or purpose of any transac- tion. We will not change the account status when the minor reaches the age of majority, unless authorized in writing by all account owners. UNIFORM TRANSFERS/GIFTS TO MINORS ACCOUNT A Uniform Transfers/Gifts to Minors Account (UTTMA/UGMA) is an individual account creat- ed by a custodian who deposits funds as an irrevocable gift to a minor. The minor to whom the gift is made is the beneficiary of the custodial property in the account. The custodian has possession and control of the account for the exclusive right and benefit of the minor, and barring a court order otherwise, is the only party entitled to make deposits, withdrawals or close the account. We have no duty to inquire about the use or purpose of any transac- tion. If the custodian dies, we may suspend the account until we receive instructions from any person authorized by law to withdraw funds or a court order authorizing withdrawal. AGENCY DESIGNATION ON AN ACCOUNT An agency designation on an account is an instruction to us that the owner authorized an- other person to make transactions as agent for the account owner regarding the accounts designated. An agent has no ownership interest in the account(s) or Credit Union voting rights. We have no duty to inquire about the use or purpose of any transaction made by the agent.

Appears in 3 contracts

Samples: Account Agreement, Account Agreement, Account Agreement

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Multiple Party Account Owner Liability. If a deposited item in a multiple-multiple party account is returned unpaid, an the account is overdrawn, overdrawn or if we do not receive final payment on a trans- actiontransaction, the owners, jointly and severally, are liable to us for the amount of the returned item, overdraft or unpaid amount and any charges, regardless of who initiated or benefited from the transaction. If one or more owners owe the Credit Union money that any account owner is dueindebted to us, we can, to the extent permitted by law, may enforce our rights against any account of an owner, owner or all funds in the multiple-multiple party accounts, account regardless of who contributed them. PAYABLE ON DEATH POD DESIGNATION – A Payable on Death (POD)/TRUST ACCOUNT DESIGNATIONS A POD account or trust account POD) designation is an instruction to the Credit Union that a single or multiple-party account so designated is payable to the owner(s) during his, her or their lifetimes and, when the last account owner dies, the account balance is payable to any named and surviving POD or trust beneficiary/payee. Accounts payable to more than one surviving beneficiary/ beneficiary/payee are owned jointly by such beneficiaries/payees without rights of survivorship. Any POD or trust beneficiary/payee designation shall not apply to Individual Retirement Ac- counts Accounts (IRAs), ) which are governed by a separate beneficiary/payee designation. We are not obligated to notify any beneficiary/payee of the existence of any account or the vesting of the beneficiary/payee payee’s interest in any account, except as otherwise provided by law. ACCOUNTS FOR MINORS We may require any account established by a minor to be a multiple-multiple party account with an owner who has reached the age of majority under state law and who shall be jointly and severally liable to us for any returned item, overdraft overdraft, or unpaid charges or amounts on such account. We may pay funds directly to the minor without regard to his or her minority. Unless a guardian or parent is an account owner, the guardian or parent shall not have any account access rights. We have no duty to inquire about the use or purpose of any transac- tiontransaction. We will not change the account status when the minor reaches the age of majority, unless authorized in writing by all account owners. UNIFORM TRANSFERS/GIFTS TRANSFERS TO MINORS ACCOUNT A Uniform Transfers/Gifts Transfers to Minors Account (UTTMA/UGMAUTMA) is an individual account creat- ed created by a custodian who deposits funds as an irrevocable gift to a minor. The minor to whom the gift is made is the beneficiary of the custodial property in the account. The custodian has possession and control of the account for the exclusive right and benefit of the minor, minor and barring a court order otherwise, is the only party entitled to make deposits, withdrawals withdrawals, or close the account. We have no duty to inquire about the use or purpose of any transac- tiontransaction. If the custodian dies, we may suspend the account account, until we receive instructions from any person authorized by law to withdraw funds or a court order authorizing withdrawal. AGENCY DESIGNATION ON AN ACCOUNT An agency designation on an account is an instruction DEPOSIT OF FUNDS REQUIREMENTS – Funds may be deposited to us that any account, in any manner approved by the owner authorized an- other person to make transactions as agent for the account owner regarding the accounts designated. An agent has no ownership interest in the account(s) or Credit Union voting rights. We have no duty to inquire about in accordance with the use requirements set forth on the Rate and Fee Schedule, which may be obtained at any location, online or purpose of any transaction made requested by the agentmail.

Appears in 2 contracts

Samples: www.capcu.org, www.capcu.org

Multiple Party Account Owner Liability. If a deposited item in a multiple-multiple party account is returned unpaid, an account is overdrawn, or if we do not receive final payment on a trans- actiontransaction, the owners, jointly and severally, are liable to us for the amount of the returned item, overdraft overdraft, or unpaid amount and any charges, regardless of who initiated or benefited from the transaction. If one or more owners owe the Credit Union money that any account owner is dueindebted to us, we can, to the extent permitted by law, may enforce our rights against any account of an owner, owner or all funds in the multiple-multiple party accounts, account regardless of who contributed them. PAYABLE ON DEATH • POD/Trust Account Designations. A Payable on Death (POD)/TRUST ACCOUNT DESIGNATIONS A POD POD) account or trust account designation is an instruction to the Credit Union credit union that a single or multiple-multiple party account so designated is payable to the owner(s) during his, her or their lifetimes and, when the last account owner dies, payable to any named and surviving POD or trust beneficiary/payee. Accounts payable to more than one surviving beneficiary/ beneficiary/payee are owned jointly by such beneficiaries/payees without rights of survivorship. Any POD or trust beneficiary/payee designation shall not apply to Individual Retirement Ac- counts Accounts (IRAs), ) which are governed by a separate beneficiary/payee designation. We are not obligated to notify any beneficiary/payee of the existence of any account or the vesting of the beneficiary/payee payee’s interest in any account, except as otherwise provided by law. ACCOUNTS FOR MINORS • Accounts for Minors. We may require any account established by a minor to be a multiple-multiple party account with an owner who has reached the age of majority under state law and who shall be jointly and severally liable to us for any returned item, overdraft overdraft, or unpaid charges or amounts on such account. We may pay funds directly to the minor without regard to his or her minority. Unless a guardian or parent is an account owner, the guardian or parent shall not have any account access rights. We have no duty to inquire about the use or purpose of any transac- tiontransaction. We will not change the account status when the minor reaches the age of majority, unless authorized in writing by all account owners. UNIFORM TRANSFERS• Uniform Transfers/GIFTS TO MINORS ACCOUNT Gifts to Minors Account. A Uniform Transfers/Gifts to Minors Account (UTTMA/UGMA) is an individual account creat- ed created by a custodian who deposits funds as an irrevocable gift to a minor. The minor to whom the gift is made is the beneficiary of the custodial property in the account. The custodian has possession and control of the account for the exclusive right and benefit of the minor, minor and barring a court order otherwise, is the only party entitled to make deposits, withdrawals withdrawals, or close the account. We have no duty to inquire about the use or purpose of any transac- tiontransaction. If the custodian dies, we may suspend the account until we receive instructions from any person authorized by law to withdraw funds or a court order authorizing withdrawal. AGENCY DESIGNATION ON AN ACCOUNT • Agency Designation on an Account. An agency designation on an account is an instruction to us that the owner authorized an- other authorizes another person to make transactions as agent for to the account owner regarding the accounts designated. An agent has no ownership interest in the account(s) or Credit Union credit union voting rights. We have no duty to inquire about the use or purpose of any transaction made by the agent. • Deposit of Funds Requirements. Funds may be deposited to any account, in any manner approved by the credit union in accordance with the requirements set for on the Schedule of Fees. - Endorsements. We may accept transfers, checks, drafts, and other items for deposit into any of your accounts if they are made payable to, or to the order of, one or more account owners even if they are not endorsed by all payees. You authorize us to supply missing endorsements of any owners if we choose. If a check, draft or item that is payable to two or more persons is ambiguous as to whether it is payable to either or both, we may process the check, draft or item as though it is payable to either person. If an insurance, government, or other check or draft requires an endorsement as set forth on the back of the check or draft, we may require endorsement as set forth on the item. Endorsements must be made on the back of the share draft or check within 11/2 inches from the top edge, although we may accept endorsements outside this space. However, any loss we incur from a delay or processing error resulting from an irregular endorsement or other markings by you or any prior endorser will be your responsibility. - Collection of Items. We act only as your agent and we are not responsible for handling items for deposit or collection beyond the exercise of ordinary care. Deposits made by mail or at unstaffed facilities are not our responsibility until we receive them. We are not liable for the negligence of any correspondent or for loss in transit, and each correspondent will only be liable for its own negligence. We may send any item for collection. Items drawn on an institution located outside the United States are handled on a collection basis only. You waive any notice of nonpayment, dishonor, or protest regarding items we purchase or receive for credit or collection to your account. - Final Payment. All items or Automated Clearing House (ACH) transfers credited to your account are provisional until we receive final payment. If final payment is not received, we may charge your account for the amount of such items or ACH transfers and impose a return item charge on your account. Any collection fees we incur may be charged to your account. We reserve the right to refuse or return any item or funds transfer. - Direct Deposits. We may offer preauthorized deposits (e.g. payroll checks, Social Security or retirement checks, or other government checks) or preauthorized transfers from other accounts. You must authorize each direct deposit or preauthorized transfer by filling out a separate form. You must notify us at least thirty (30) days in advance to cancel or change a direct deposit or transfer option. Upon a bankruptcy filing, unless you cancel an authorization we will continue making direct deposits in accordance with your authorization on file with us. If we are required to reimburse the U.S. Government for any benefit payment directly deposited into your account, we may deduct the amount returned from any of your accounts, unless prohibited by law. - Crediting of Deposits. Deposits made after the deposit cutoff time and deposits made on either holidays or days that are not our business days will be credited to your account on the next business day. - Acceptance of payments on your behalf. We may accept on your behalf payments to your account which have been transmitted through the Automated Clearing House (ACH) and which are not subject to the Electronic Fund Transfer Act and your rights and obligations with respect to such payments shall be construed in accordance with and governed by the laws of the state of New York as provided by the operating rules of the National Automated Clearing House Association, which are applicable to ACH transactions involving your account. • Account Access.

Appears in 1 contract

Samples: Membership and Account Agreement

Multiple Party Account Owner Liability. If a any item deposited item in a multiple-multiple party account is returned unpaid, an account is overdrawn, or if we do not receive final payment on a trans- actionany transaction, each of the owners, multiple party account owners is jointly and severally, are severally liable to us Proponent for the amount of the returned item, overdraft overdraft, or unpaid amount and any charges, regardless of who initiated created the overdraft, deposited or cashed the item or benefited from the transaction. If one or more owners owe the Credit Union money that any account owner is dueindebted to Proponent, we can, to the extent permitted by law, Proponent may enforce our its rights against any account of an owner, or all funds in the multiple-multiple party accounts, account regardless of who contributed themthe funds to the account. PAYABLE ON DEATH POD/Trust Accounts. A Payable on Death (POD)/TRUST ACCOUNT DESIGNATIONS A POD POD) account or trust account designation is an instruction to the Credit Union Proponent that a single or multiple-party an account so designated is payable to the owner(s) owner or owners during histheir lifetimes, her or their lifetimes and, when and upon the death of the last account owner diesowner, payable to any named and surviving POD or trust beneficiary/payeebeneficiary designated on your membership application. Accounts payable to more than one surviving beneficiary/ payee beneficiary are owned jointly by such beneficiaries/payees beneficiaries without rights of survivorship. Any POD or trust beneficiary/payee beneficiary designation shall not apply to Individual Retirement Ac- counts Accounts (IRAs), which are shall be governed by a separate beneficiary/payee beneficiary designation. We are not obligated Proponent shall at no time have any obligation whatsoever to notify any beneficiary/payee beneficiary of the existence of any account or the vesting of the beneficiary/payee ’s interest in any account, except as otherwise provided by law. ACCOUNTS FOR MINORS Power of Attorney We are not required to recognize any Power of Attorney to act on an account even if we have previously accepted the Power of Attorney for other transactions. We also reserve the right to restrict the types or sizes of transactions we will permit the Attorney-in-Fact to conduct on a case-by-case basis and may require the Attorney-in-Fact to present the original Power of Attorney before conducting any transaction. Accounts for Minors. For any account established by a minor, Proponent reserves the right to require the minor account to be a multiple-multiple party account with an owner who has reached the age of majority under state law and who shall be jointly and severally liable to us Proponent for any returned item, overdraft overdraft, or unpaid charges or amounts on such account. We Proponent may pay make payments of funds directly to the minor without regard to his or her minority. Unless a guardian or parent is an account owner, the guardian or parent shall not have any account right to access rightsthe account. We have Proponent has no duty to inquire about of the use or purpose of any transac- tiontransaction by the minor or any account owner. We will Proponent shall not change the account status when the minor reaches the age of majority, unless authorized in writing by all account owners. UNIFORM TRANSFERSUniform Transfers/GIFTS TO MINORS ACCOUNT Gifts to Minors Account. A Uniform Transfers/Gifts to Minors Account (UTTMA/UGMA) is an individual account creat- ed established by a member as a custodian who deposits by depositing funds as an irrevocable gift to a minor. The minor to whom the gift is made is the owner and beneficiary of the custodial property in the accountfunds. The custodian has possession and control of the account for the exclusive right and benefit of the minor, and barring a court order otherwise, is the only party entitled to make depositsdeposits to, withdrawals from, or close the account. We have Proponent has no duty to inquire about of the use or purpose of any transac- tiontransaction by the custodian. If In the custodian diesevent of the custodian’s death, we Proponent may suspend place an administrative hold on the account account, until we receive it receives instructions from any person authorized by law to withdraw funds or a court order authorizing such withdrawal. AGENCY DESIGNATION ON AN ACCOUNT An agency designation on an account is an instruction to us that the owner authorized an- other person to make transactions as agent for the account owner regarding the accounts designated. An agent has no ownership interest in the account(s) or Credit Union voting rights. We have no duty to inquire about the use or purpose of any transaction made by the agent.

Appears in 1 contract

Samples: Account Agreement

Multiple Party Account Owner Liability. If a deposited item in a multiple-party account is returned unpaid, an account is overdrawn, or if we do not receive final payment on a trans- actiontransaction, the owners, jointly and severally, are liable to us for the amount of the returned item, overdraft or unpaid amount and any charges, regardless of who initiated or benefited from the transaction. If one or more owners owe the Credit Union money that is due, we can, to the extent permitted by law, enforce our rights against any account of an owner, or all funds in the multiple-party accounts, regardless of who contributed them. PAYABLE ON DEATH (POD)/TRUST ACCOUNT DESIGNATIONS A POD account or trust account designation is an instruction to the Credit Union that a single or multiple-party account so designated is payable to the owner(s) during his, her or their lifetimes and, when the last account owner dies, payable to any named and surviving POD or trust beneficiarybeneficia- ry/payee. Accounts payable to more than one surviving beneficiary/ beneficiary/payee are owned jointly by such beneficiaries/payees without rights of survivorship. Any POD or trust beneficiary/payee designation designa- tion shall not apply to Individual Retirement Ac- counts Accounts (IRAs), which are governed by a separate beneficiary/payee designation. We are not obligated to notify any beneficiary/payee of the existence of any account or the vesting of the beneficiary/payee interest in any account, except as otherwise provided by law. ACCOUNTS FOR MINORS We may require any account established by a minor to be a multiple-party account with an owner who has reached the age of majority under state law and who shall be jointly and severally liable to us for any returned item, overdraft or unpaid charges or amounts on such account. We may pay funds directly to the minor without regard to his or her minority. Unless a guardian or parent is an account owner, the guardian or parent shall not have any account access rights. We have no duty to inquire about the use or purpose of any transac- tiontransaction. We will not change the account status when the minor reaches the age of majority, unless authorized in writing by all account owners. UNIFORM TRANSFERS/GIFTS TO MINORS ACCOUNT A Uniform Transfers/Gifts to Minors Account (UTTMA/UGMA) is an individual account creat- ed created by a custodian who deposits funds as an irrevocable gift to a minor. The minor to whom the gift is made is the beneficiary of the custodial property in the account. The custodian has possession and control of the account for the exclusive right and benefit of the minor, and barring a court order otherwise, is the only party entitled to make deposits, withdrawals or close the account. We have no duty to inquire about the use or purpose of any transac- tiontransaction. If the custodian dies, we may suspend the account ac- count until we receive instructions from any person authorized by law to withdraw funds or a court order authorizing withdrawal. AGENCY DESIGNATION ON AN ACCOUNT An agency designation on an account is an instruction to us that the owner authorized an- other another person to make transactions as agent for the account owner regarding the accounts designated. An agent has no ownership interest in the account(s) or Credit Union voting rights. We have no duty to inquire about the use or purpose of any transaction made by the agent.

Appears in 1 contract

Samples: Account Agreement

Multiple Party Account Owner Liability. If a deposited item in a multiple-multiple party account is returned unpaid, an the account is overdrawn, overdrawn or if we do not receive final payment on a trans- actiontransaction, the owners, jointly and severally, are liable to us for the amount of the returned item, overdraft or unpaid amount and any charges, regardless of who initiated or benefited from the transaction. If one or more owners owe the Credit Union money that any account owner is dueindebted to us, we can, to the extent permitted by law, may enforce our rights against any account of an owner, owner or all funds in the multiple-multiple party accounts, account regardless of who contributed them. PAYABLE ON DEATH POD DESIGNATION – A Payable on Death (POD)/TRUST ACCOUNT DESIGNATIONS A POD account or trust account POD) designation is an instruction to the Credit Union that a single or multiple-party account so designated is payable to the owner(s) during his, her or their lifetimes and, when the last account owner dies, the account balance is payable to any named and surviving POD or trust beneficiary/payee. Accounts payable to more than one surviving beneficiary/ beneficiary/payee are owned jointly by such beneficiaries/payees without rights of survivorship. Any POD or trust beneficiary/payee designation shall not apply to Individual Retirement Ac- counts Accounts (IRAs), ) which are governed by a separate beneficiary/payee designation. We are not obligated to notify any beneficiary/payee of the existence of any account or the vesting of the beneficiary/payee xxxxx’s interest in any account, except as otherwise provided by law. ACCOUNTS FOR MINORS We may require any account established by a minor to be a multiple-multiple party account with an owner who has reached the age of majority under state law and who shall be jointly and severally liable to us for any returned item, overdraft overdraft, or unpaid charges or amounts on such account. We may pay funds directly to the minor without regard to his or her minority. Unless a guardian or parent is an account owner, the guardian or parent shall not have any account access rights. We have no duty to inquire about the use or purpose of any transac- tiontransaction. We will not change the account status when the minor reaches the age of majority, unless authorized in writing by all account owners. UNIFORM TRANSFERS/GIFTS TRANSFERS TO MINORS ACCOUNT A Uniform Transfers/Gifts Transfers to Minors Account (UTTMA/UGMAUTMA) is an individual account creat- ed created by a custodian who deposits funds as an irrevocable gift to a minor. The minor to whom the gift is made is the beneficiary of the custodial property in the account. The custodian has possession and control of the account for the exclusive right and benefit of the minor, minor and barring a court order otherwise, is the only party entitled to make deposits, withdrawals withdrawals, or close the account. We have no duty to inquire about the use or purpose of any transac- tiontransaction. If the custodian dies, we may suspend the account account, until we receive instructions from any person authorized by law to withdraw funds or a court order authorizing withdrawal. AGENCY DESIGNATION ON AN ACCOUNT An agency designation on an account is an instruction DEPOSIT OF FUNDS REQUIREMENTS – Funds may be deposited to us that any account, in any manner approved by the owner authorized an- other person to make transactions as agent for the account owner regarding the accounts designated. An agent has no ownership interest in the account(s) or Credit Union voting rights. We have no duty to inquire about in accordance with the use requirements set forth on the Rate and Fee Schedule, which may be obtained at any location, online or purpose of any transaction made requested by the agentmail.

Appears in 1 contract

Samples: Member Services Disclosures

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Multiple Party Account Owner Liability. If a deposited item in a multiple-party account is returned unpaid, an account is overdrawn, or if we do not receive final payment on a trans- actiontransaction, the owners, jointly and severally, are liable to us for the amount of the returned item, overdraft or unpaid amount and any charges, regardless of who initiated or benefited from the transaction. If one or more owners owe the Credit Union money that is due, we can, to the extent permitted by law, enforce our rights against any account of an owner, or all funds in the multiple-party accounts, regardless of who contributed them. PAYABLE ON DEATH (POD)/TRUST ACCOUNT DESIGNATIONS A POD account or trust account designation is an instruction to the Credit Union that a single or multiple-party account so designated is payable to the owner(s) during his, her or their lifetimes life- times and, when the last account owner dies, payable to any named and surviving POD or trust beneficiary/payee. Accounts payable to more than one surviving beneficiary/ beneficiary/payee are owned jointly by such beneficiaries/payees without rights of survivorship. Any POD or trust beneficiary/beneficiary/ payee designation shall not apply to Individual Retirement Ac- counts Accounts (IRAs), which are governed by a separate beneficiary/payee designation. We are not obligated to notify any beneficiary/payee of the existence of any account or the vesting of the beneficiary/payee interest in any account, except as otherwise provided by law. ACCOUNTS FOR MINORS We may require any account established by a minor to be a multiple-party account with an owner who has reached the age of majority under state law and who shall be jointly and severally liable to us for any returned item, overdraft or unpaid charges or amounts on such account. We may pay funds directly to the minor without regard to his or her minority. Unless a guardian or parent is an account owner, the guardian or parent shall not have any account access rights. We have no duty to inquire about the use or purpose of any transac- tiontransaction. We will not change the account status when the minor reaches the age of majority, unless authorized in writing by all account owners. UNIFORM TRANSFERS/GIFTS TO MINORS ACCOUNT A Uniform Transfers/Gifts to Minors Account (UTTMA/UGMA) is an individual account creat- ed created by a custodian who deposits funds as an irrevocable gift to a minor. The minor to whom the gift is made is the beneficiary of the custodial property in the account. The custodian has possession and control of the account for the exclusive right and benefit of the minor, and barring a court order otherwise, is the only party entitled to make deposits, withdrawals or close the account. We have no duty to inquire about the use or purpose of any transac- tiontransaction. If the custodian dies, we may suspend the account until we receive instructions from any person authorized by law to withdraw funds or a court order authorizing withdrawal. AGENCY DESIGNATION ON AN ACCOUNT An agency designation on an account is an instruction to us that the owner authorized an- other another person to make transactions as agent for the account owner regarding the accounts designated. An agent has no ownership interest in the account(s) or Credit Union voting rights. We have no duty to inquire about the use or purpose of any transaction made by the agent.

Appears in 1 contract

Samples: Account Agreement

Multiple Party Account Owner Liability. If a deposited item in a multiple-multiple party account is returned unpaid, an account is overdrawn, or if we do not receive final payment on a trans- actionany transaction, the owners, each owner is jointly and severally, are severally liable to us for the amount of the returned item, overdraft or unpaid amount and any charges, regardless of who initiated or benefited from the transaction. If one or more owners owe the Credit Union money that any account owner is dueindebted to us, we can, to the extent permitted by law, may enforce our rights against any account of an owner, owner or all funds in the multiple-multiple party accounts, account regardless of who contributed them. PAYABLE ON DEATH POD/Trust Accounts A Payable on Death (POD)/TRUST ACCOUNT DESIGNATIONS A POD POD) account or trust account designation is an instruction to the Credit Union that a single or multiple-multiple party account so designated is payable to the owner(sowner (s) during his, her or their lifetimes and, and when the last owner dies the account owner dies, is payable to any named and or surviving POD or trust beneficiary/payeepayee designated on your Membership Application. Accounts payable to more than one surviving beneficiary/ beneficiary/payee are owned jointly by such beneficiariesbeneficiary/payees payee without rights of to survivorship. Any POD or trust beneficiary/payee designation shall not apply to Individual Retirement Ac- counts Accounts (IRAs), which are governed by a separate beneficiary/payee designation. We are not obligated to notify any beneficiary/payee of the existence of any account or the vesting of the beneficiary/payee payee’s interest in any account, except as otherwise provided by law. ACCOUNTS FOR MINORS Accounts for Minors We may require any account established by a minor (a person under twenty-one (21) years of age) to be a multiple-multiple party account with an owner who has reached the age of majority under state law and who shall be jointly and severally liable to us for any returned item, overdraft overdraft, or unpaid charges or amounts on such account. We may pay funds directly to the minor without regard to his or her minority. Unless a guardian or parent is an account owner, the guardian or parent shall not have any account right to access rightsthe account. We have The Credit Union has no duty to inquire about the use or purpose of any transac- tiontransaction by the minor or any account owner. We will not change the account status when the minor reaches the age of majority, unless authorized in writing by all account owners. UNIFORM TRANSFERS/GIFTS TO MINORS ACCOUNT Uniform Transfers to Minors Account A Uniform Transfers/Gifts Transfers to Minors Account (UTTMA/UGMAUTMA) is an individual account creat- ed created by a member as a custodian who deposits funds as an irrevocable gift to a minor. The minor to whom the gift is made is the beneficiary of the custodial property in the account. The custodian has possession and control of the account for the exclusive right and benefit of the minor, minor and barring a court order otherwise, is the only party entitled to make deposits, withdrawals withdraw from or close the account. We have no duty to inquire about the use or purpose of any transac- tiontransaction by the custodian. If In the custodian diesevent of the custodian’s death, we the Credit Union may suspend place an administrative hold on the account until we receive it receives instructions from any person authorized by law to withdraw funds or a court order authorizing such withdrawal. AGENCY DESIGNATION ON AN ACCOUNT An agency designation on an account is an instruction to us that When the owner authorized an- other person to make transactions as agent for minor attains the age twenty-one (21), the account owner regarding will be payable to the accounts designatedbeneficiary. An agent has no ownership interest in If the account(s) or Credit Union voting rights. We have no duty minor dies, the account will be closed, and funds paid to inquire about the use or purpose of any transaction made by the agentminor’s estate.

Appears in 1 contract

Samples: Account Agreement

Multiple Party Account Owner Liability. If a deposited item in a multiple-multiple party account is returned unpaid, an account is overdrawn, or if we do not receive final payment on a trans- actiontransaction, the owners, owners are jointly and severally, are severally liable to us for the amount of the returned item, overdraft overdraft, or unpaid amount and any charges, regardless of who initiated or benefited from the transaction. If one or more owners owe the Credit Union money that any account owner is dueindebted to us, we canmay enforce our rights against any account of an owner or all funds in the multiple party account regardless of who contributed them. This liability is due immediately, and can be deducted directly from the account balance whenever sufficient funds are available. You have no right to defer payment of this liability, and you are liable regardless of whether you signed the item or benefited from the charge or overdraft. This includes liability for our costs to collect the deficit including, to the extent permitted by law, enforce our rights against any account of an owner, or all funds in the multiple-party accounts, regardless of who contributed themreasonable attorneys’ fees. PAYABLE ON DEATH Payable on Death (POD)/TRUST ACCOUNT DESIGNATIONS POD) Accounts - A POD account or trust account designation is an instruction to the Credit Union us that a single or multiple-multiple party account so designated is payable to the owner(s) during his, his or her or their lifetimes lifetime(s) and, when the last account owner dies, payable to any named and surviving POD or trust beneficiary/payee. Accounts payable to If there is more than one surviving beneficiary/ payee are owned jointly by such beneficiaries/payees without rights of survivorshipbeneficiary, each will own the funds in equal shares, unless designated otherwise. Any POD or trust beneficiary/payee designation shall not apply to Individual Retirement Ac- counts (IRAs)If, which are governed by a separate beneficiary/payee designation. We are not obligated to notify any beneficiary/payee however, none of the existence of any account or beneficiaries are alive at your death, the vesting of funds will be paid to the beneficiary/payee interest in any account, except party(ies) as otherwise provided required by law. ACCOUNTS FOR MINORS - We may require any account established by a minor to be a multiple-multiple party account with an owner who has reached the age of majority under state Michigan law and who shall be jointly and severally liable to us for any returned item, overdraft overdraft, or unpaid charges or amounts on such account. We may pay funds directly to the minor without regard to his or her minority. Unless a guardian or parent is an account owner, the guardian or parent shall not have any account access rights. We have no duty to inquire about the use or purpose of any transac- tiontransaction. We will not change the account status when the minor reaches the age of majority, unless authorized in writing by all account owners. UNIFORM TRANSFERS/GIFTS TO MINORS ACCOUNT A Uniform Transfers/Gifts Transfers to Minors Account (UTTMA/UGMA) is an individual Accounts - The funds in this type of account creat- ed are owned by the minor, but controlled by a custodian who deposits funds as an irrevocable gift to a manages the account for the minor’s benefit. The minor to whom You understand and agree that the gift of money to the minor named on the account is made irrevocable and is subject to the beneficiary requirements of the Michigan Uniform Transfers to Minors Act. Ownership in the account shall transfer to the minor’s estate upon the earlier of the following: (1) the minor becoming 18 years of age; or (2) the minor’s death. Transfer of the custodial property in to the accountminor may be delayed until the minor’s twenty-first birthday if the account documentation provides for such a delay. The custodian has possession and control We are not liable for the actions of the account for the exclusive right and benefit of the minorcustodian, and barring a court order otherwise, is the only party entitled to make deposits, withdrawals or close the account. We have no duty to inquire about the use or purpose of any transac- tiontransaction. If CUSTODIAN/REPRESENTATIVE PAYEE ACCOUNTS - This type of account is maintained by a custodian or representative payee for the benefit of a member who is legally deemed unfit to act on his or her own behalf. Any person may act as a custodian or representative payee, though the minor or incompetent individual for whom the custodian dies, we may suspend the account until we receive instructions from any person authorized by law to withdraw funds or a court order authorizing withdrawalrepresentative payee acts must be eligible for membership. AGENCY DESIGNATION ON AN ACCOUNT An agency designation on an account is an instruction to us that the owner authorized an- other person to make transactions as agent for the account owner regarding the accounts designated. An agent A custodian or representative payee has no ownership interest in the account(s) or Credit Union voting rights. A representative payee account may not be in the form of a certificate of deposit or trust. We are not liable for the actions of the custodian or representative payee, and have no duty to inquire about the use or purpose of any transaction. ORGANIZATION ACCOUNT - Earnings in the form of interest, dividends, or credits will be paid only on collected funds, unless otherwise provided by law or our policy. We may require the governing body of the legal entity opening the account to provide us with a separate authorization telling us who is authorized to act on its behalf. We will honor the authorization until we actually receive written notice of a change from the governing body of the legal entity. LIABILITY - You agree, for yourself (and the person or entity you represent if you sign as a representative of another) to the terms of this account and the Schedule of Fees, as may be amended from time to time. You authorize us to deduct these charges directly from the account balance as accrued. You agree to pay any additional reasonable charges for services you request, which are not covered by this Agreement. DEPOSITS - We will give only provisional credit until collection is final for any items, other than cash, we accept for deposit (including items drawn “on us”). Actual credit for deposits of, or payable in, foreign currency will be at the exchange rate in effect on final collection in U.S. dollars. We will treat and record all transactions received after our “daily cutoff time” on a business day we are open, or received on a day we are not open for business, as if initiated on the next following business day that we are open. Refer to the separate Schedule of Fees for foreign item deposit fees. Deposits by Mail - You may deposit checks by mail. You should endorse the check being sent through the mail with the words “For Deposit Only” and should include your correct account number underneath to ensure the check is credited to the correct account. You should use the pre-encoded checking deposit slips found behind your checks in your checkbook. If you do not use your deposit slip or provide us with instructions indicating how or where the check should be credited, we may apply it to any account or any loan balance you have with us or we may return the check to you. Receipts for such transactions will be mailed to you only if a self-addressed stamped envelope is provided. Following your deposit, examine your statement carefully or call us to ensure that we received the item. We are not responsible for transactions by mail or outside depository until we actually receive them. Do not send cash through the mail for deposit. Direct Deposits - If, in connection with a direct deposit plan, we deposit any amount in an account which should have been returned to the Federal Government for any reason, you authorize us to deduct the amount of our liability to the Federal Government from the account or from any other account you have with us, without prior notice and at any time, except as prohibited by law. We may also use any other legal remedy to recover the amount of our liability. WITHDRAWALS - Unless clearly indicated otherwise on the account records, any of you, acting alone, who signs in the space designated for signatures on the signature card may withdraw or transfer all or any part of the account balance at any time. Each of you (until we receive written notice to the contrary) authorizes each other person signing the signature card to endorse any item payable to you or your order for deposit to this account or any other transaction with us. Postdated Checks - A postdated check is one that bears a date later than the date on which the check is written. We may properly pay and charge your account for a postdated check even though payment was made before the date of the check, unless we have received written notice of the postdating in time to have a reasonable opportunity to act. Stale-dated Checks - We are not obligated to, but may at our option, pay a check, other than a certified check, presented for payment more than six (6) months after its date. If you do not want us to pay a stale-dated check, you must place a stop-payment order on the check in the manner we have described in this Agreement. Checks and Withdrawal Rules - If you do not purchase your check blanks from us, you must be certain that we approve the check blanks you purchase. We may refuse any withdrawal or transfer request, which you attempt on forms not approved by us or by any method we do not specifically permit. We may refuse any withdrawal or transfer request, which is greater in number than the frequency permitted, or which is for an amount greater or less than any withdrawal limitations. We will use the date the transaction is completed by us (as opposed to the date you initiate it) to apply the frequency limitations. See the Funds Availability Policy for information about when you can withdraw funds you deposit. For those accounts to which our Funds Availability Policy does not apply, you can ask us when you make a deposit when those funds will be available for withdrawal. Death of Account Owner - We may pay items or honor payment or transfer orders authorized by a member for a period of 10 days after the date we are notified of that member’s death, unless we receive instruction from any person claiming an interest in the account to stop payment on the items. We may require anyone claiming to be an owner of a deceased owner’s account to indemnify us for any losses resulting from our honoring that claim. This Agreement will be binding upon any heirs or legal representatives of any account owners. Waivers - Honoring a nonconforming request does not operate as a waiver of any provision under this Agreement. We may treat continued abuse of the stated limitations (if any) as your act of closing the account, or we may at our option reclassify your account as a transaction account. If we reclassify your account, your account will be subject to the fees and earnings rules of the new account classification. The fact that we may honor withdrawal requests that overdraw the account balance does not obligate us to do so later. STOP PAYMENTS - Unless otherwise provided, the rules in this section cover stopping payment of items such as checks and drafts. Rules for stopping payment of other types of transfers of funds, such as consumer electronic funds transfers (EFTs), may be established by law or our EFT policy. If we have not disclosed these rules to you elsewhere, you may ask us about those rules. We may accept an order to stop payment on any item from any one of you. You must make any stop-payment order in the manner required by law and we must receive it in time to give us a reasonable opportunity to act on it before our stop- payment cutoff time. When you place your stop-payment order we will tell you what information we need to stop payment. This information must be exact because stop-payment orders are handled by computers. If your information is not exact your order will not be effective and we will not be responsible for failure to stop payment. You may stop payment on any item drawn on your account whether you sign the item or not, if you have an equal or greater right to withdraw from this account than the person who signed the item. Generally, if your stop-payment order is given to us in writing it is effective for six months. Your order will lapse after that time if you do not renew the order in writing before the end of the six-month period. If the original stop-payment order was verbal your stop-payment order will lapse after 14 calendar days if you do not confirm your order in writing within that time period. We are not obligated to notify you when a stop-payment order expires. A release of the stop-payment request must be made in writing. If you stop payment on an item and we incur any damages or expenses because of the stop payment, you agree to indemnify us for those damages or expenses, including attorneys’ fees. You assign to us all rights against the payee or any other holder of the item. You agree to cooperate with us in any legal actions that we may take against such persons. You should be aware that anyone holding the item may be entitled to enforce payment against you despite the stop payment order. Our stop-payment cutoff time is one hour after the opening of the next banking day after the banking day on which we receive the item. Additional limitations on our obligation to stop payment are provided by law (e.g., we paid the item in cash or we certified the item). TELEPHONE TRANSFERS - A telephone transfer of funds from one account to another account with us, if otherwise arranged for or permitted, may be made by the agentsame persons and under the same conditions generally applicable to withdrawals made in writing. Unless a different limitation is disclosed in writing, we restrict the number of transfers from a savings account to another account or to third parties, to a maximum of six (6) per month. Other account transfer restrictions may be described elsewhere in this Agreement. TRANSFER LIMITATIONS - For share accounts you may make up to six (6) transfers or withdrawals by means of a preauthorized, automatic, or telephonic transfer to another account of yours or to a third party during any calendar month (or statement cycle of at least four weeks). A preauthorized transfer includes any arrangement with us to pay a third party from your account at (i) a predetermined time; (ii) on a fixed schedule, or (iii) upon oral or written orders including orders received through the Automated Clearing House (ACH). If the transfer or withdrawal is initiated in person, by mail, or at an Automated Teller Machine (ATM) then there is no limit on the number of payments that may be made directly to you, directly to us for amounts you owe us, or transfers to other accounts you have with us. Withdrawals by phone are also unlimited if you are requesting that a check be mailed to you. AMENDMENTS - We may change any term of this Agreement at any time. Rules governing changes in rates are provided separately in the Truth-in-Savings Disclosure or in another document. For other changes we will give you reasonable notice in writing or by any other method permitted by law. You must keep us informed of your current address at all times. Notice from us to any one of you is notice to all of you. If we have notified you of a change in any term of your account and your account remains open after the effective date of the change, you will be deemed to have agreed to the new term(s).

Appears in 1 contract

Samples: Account Agreement

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