Other general terms of the Deposit Agreement. 1.3.1. If the deposit agreement is attached (whether from the start or subsequently) to a joint, survivorship account in the names of the co-beneficiaries set out in the account's Application Form, the terms below shall apply: The deposit is governed by the provisions of Law 5638/1932 on Deposits in Joint Accounts, as amended. Accordingly, each one of the co-beneficiaries is entitled to partial or total utilization of the deposit account without any consent, approval or other concomitant act whatsoever on the part of any other co-beneficiary, even for early withdrawals (following the Bank’s authorization) from notice accounts. In the event of death of any one of a number of account cobeneficiaries, the deposit funds and the account shall ipso jure come to the survivor(s). Each beneficiary or cobeneficiary of a deposit account with the Bank shall be severally liable to the Bank for any of the Bank's claims under such account (pursuant to Law 5638/1932). The Customer hereby accepts that any one of a number of co-beneficiaries of a joint, survivorship account is entitled to oral or written information on any transaction performed on the account, and to a copy of the respective cash vouchers kept with the Bank. Orders given by any one of a number of cobeneficiaries are binding on all co-beneficiaries. If it is agreed that the deposit agreement and the deposit account have (or will have) an "and" clause, for its operation 1.3.2. and specifically in order to withdraw part or all of the account balance (either through actual cash withdrawals or by money transfer etc.) all co-depositors are required to act jointly ("all-to-sign"). Due to the nature of the specific account, articles 19 and 111 of L. 2961/2001 shall apply, which determine the tax obligations of the parties to such deposits and accounts. Before the tax authorities and for the purpose of applying any inheritance tax, it is presumed that the deposit belongs to the co-depositors in equal parts, unless the latter or the State proves otherwise. In addition, the Bank is obliged, when opening such an account, to notify the competent Tax Office of the account opening, the date and the details of the co-depositors, while, when becoming aware of the death of a co- depositor, to forward to the competent Tax Office a table with the amounts and values of the deposit. At the same time, each co-depositor carrying out alone any withdrawal (being specifically authorized to do so by the other co-depositors, since, as mentioned hereinabove, withdrawals require joint action by all), is obliged prior to such withdrawal to solemnly declare whether the other co-depositors are still alive. 1.3.3. The present agreement is also governed by the provisions below: As regards confidentiality this agreement is governed by Legislative Decree 1059/1971 and article 24 of Law 2915/2001, while as regards its attachment/seizure it is subject to the competent applicable legislative and regulatory framework. Time-barring of deposit proceeds in favor of the Greek state is subject to the provisions of Legislative Decree 1195/1942 and Law 4151/2013, according to which deposit proceeds are time-barred in favor of the Greek state after the lapse of 20 years as of the day following the date of the last actual transaction carried out by the beneficiary depositors. Offsetting deposit proceeds against the Bank’s counterclaims on the Customer (solely on the basis of the Bank’s written statement to the Customer, sent to the Customer’s address indicated to the Bank) is subject to the respective provisions of the Greek Civil Code. As regards deposit guarantee the provisions of Law 4370/2016 on "Deposit guarantee schemes (transposition of Directive 2014/49/EU), Hellenic Deposit and Investment Guarantee Fund (TEKE) and other provisions", as amended, shall apply. Lastly, the present deposit agreement shall be terminated (along with the supplemental deposit account agreement, accordingly the contractual relationship is dissolved in its entirety) under the circumstances provided for by law and, particularly in the event that the parties agree otherwise, on expiry of the term agreed or inferred from the circumstances and service of a notice of termination by either one of the parties upon the other. It is hereby further agreed, in particular, that the Bank may unilaterally terminate this agreement if the Customer is found to be in any way in breach of the legal and regulatory framework governing deposits, or AML/CFT legislation, and of international economic sanctions or of any term of the present agreement, or in the event that pursuant to the legal and regulatory framework governing deposits and/or the Bank’s resolution, the specific type of deposit is no longer offered. Under any circumstances of dissolution of the contractual relationship hereunder in its entirety, the parties hereto undertake to act jointly for full settlement and final closure thereof (i.e. closing the account and releasing the deposit proceeds). 1.3.4. The Customer hereby declares that he agrees that his account shall be credited with the amounts from fund transfer orders or remittances, in line with the terms and conditions of the framework contract.
Appears in 4 contracts
Samples: Single Agreement for Deposits and Associated Transaction, Single Agreement for Deposits and Associated Transaction, Single Agreement for Deposits and Associated Transaction
Other general terms of the Deposit Agreement. 1.3.11.3.1 . If the deposit agreement is attached (whether from the start or subsequently) to a joint, survivorship account in the names of the co-beneficiaries set out in the account's Application Form, the terms below shall apply: The deposit is governed by the provisions of Law 5638/1932 on Deposits in Joint Accounts, as amended. Accordingly, each one of the co-beneficiaries is entitled to partial or total utilization of the deposit account without any consent, approval or other concomitant act whatsoever on the part of any other co-beneficiary, even for early withdrawals (following the Bank’s authorization) from notice accounts. In the event of death of any one of a number of account cobeneficiaries, the deposit funds and the account shall ipso jure come to the survivor(s). Each beneficiary or cobeneficiary of a deposit account with the Bank shall be severally liable to the Bank for any of the Bank's claims under such account (pursuant to Law 5638/1932). The Customer hereby accepts that any one of a number of co-beneficiaries of a joint, survivorship account is entitled to oral or written information on any transaction performed on the account, and to a copy of the respective cash vouchers kept with the Bank. Orders given by any one of a number of cobeneficiaries are binding on all co-beneficiaries. If it is agreed that the deposit agreement and the deposit account have (or will have) an "and" clause, for its operation
1.3.21.3.2 . and specifically in order to withdraw part or all of the account balance (either through actual cash withdrawals or by money transfer etc.) all co-depositors are required to act jointly ("all-to-sign"). Due to the nature of the specific account, articles 19 and 111 of L. 2961/2001 shall apply, which determine the tax obligations of the parties to such deposits and accounts. Before the tax authorities and for the purpose of applying any inheritance tax, it is presumed that the deposit belongs to the co-depositors in equal parts, unless the latter or the State proves otherwise. In addition, the Bank is obliged, when opening such an account, to notify the competent Tax Office of the account opening, the date and the details of the co-depositors, while, when becoming aware of the death of a co- co-depositor, to forward to the competent Tax Office a table with the amounts and values of the deposit. At the same time, each co-depositor carrying out alone any withdrawal (being specifically authorized to do so by the other co-co- depositors, since, as mentioned hereinabove, withdrawals require joint action by all), is obliged prior to such withdrawal to solemnly declare whether the other co-depositors are still alive.
1.3.3. The present agreement is also governed by the provisions below: As regards confidentiality this agreement is governed by Legislative Decree 1059/1971 and article 24 of Law 2915/2001, while as regards its attachment/seizure it is subject to the competent applicable legislative and regulatory framework. Time-barring of deposit proceeds in favor of the Greek state is subject to the provisions of Legislative Decree 1195/1942 and Law 4151/2013, according to which deposit proceeds are time-barred in favor of the Greek state after the lapse of 20 years as of the day following the date of the last actual transaction carried out by the beneficiary depositors. Offsetting deposit proceeds against the Bank’s counterclaims on the Customer (solely on the basis of the Bank’s written statement to the Customer, sent to the Customer’s address indicated to the Bank) is subject to the respective provisions of the Greek Civil Code. As regards deposit guarantee the provisions of Law 4370/2016 on "Deposit guarantee schemes (transposition of Directive 2014/49/EU), Hellenic Deposit and Investment Guarantee Fund (TEKE) and other provisions", as amended, shall apply. Lastly, the present deposit agreement shall be terminated (along with the supplemental deposit account agreement, accordingly the contractual relationship is dissolved in its entirety) under the circumstances provided for by law and, particularly in the event that the parties agree otherwise, on expiry of the term agreed or inferred from the circumstances and service of a notice of termination by either one of the parties upon the other. It is hereby further agreed, in particular, that the Bank may unilaterally terminate this agreement if the Customer is found to be in any way in breach of the legal and regulatory framework governing deposits, or AML/CFT legislation, and of international economic sanctions or of any term of the present agreement, or in the event that pursuant to the legal and regulatory framework governing deposits and/or the Bank’s resolution, the specific type of deposit is no longer offered. Under any circumstances of dissolution of the contractual relationship hereunder in its entirety, the parties hereto undertake to act jointly for full settlement and final closure thereof (i.e. closing the account and releasing the deposit proceeds).
1.3.4. The Customer hereby declares that he agrees that his account shall be credited with the amounts from fund transfer orders or remittances, in line with the terms and conditions of the framework contract.
Appears in 2 contracts
Samples: Single Agreement for Deposits and Associated Transaction, Single Agreement for Deposits and Associated Transaction
Other general terms of the Deposit Agreement. 1.3.1. If the deposit agreement is attached (whether from the start or subsequently) to a joint, survivorship account in the names of the co-beneficiaries set out in the account's Application Form, the terms below shall apply: The deposit is governed by the provisions of Law 5638/1932 on Deposits in Joint Accounts, as amended. Accordingly, each one of the co-beneficiaries is entitled to partial or total utilization of the deposit account without any consent, approval or other concomitant act whatsoever on the part of any other co-beneficiary, even for early withdrawals (following the Bank’s authorization) from notice accounts. In the event of death of any one of a number of account cobeneficiariesco- beneficiaries, the deposit funds and the account shall ipso jure come to the survivor(s). Each beneficiary or cobeneficiary co- beneficiary of a deposit account with the Bank shall be severally liable to the Bank for any of the Bank's claims under such account (pursuant to Law 5638/1932). The Customer hereby accepts that any one of a number of co-beneficiaries of a joint, survivorship account is entitled to oral or written information on any transaction performed on the account, and to a copy of the respective cash vouchers kept with the Bank. Orders given by any one of a number of cobeneficiaries co- beneficiaries are binding on all co-beneficiaries.
1.3.2. If it is agreed that the deposit agreement and entered into is or subsequently becomes attached to a joint, tenancy in common account, all of the deposit account have (or will have) an "and" clauseco-beneficiaries are required to act jointly to operate the account, for its operation
1.3.2. and specifically in order to withdraw particularly as regards withdrawals of part or all of the account balance (either through actual cash withdrawals or by money transfer etc.) balance. In all co-depositors are required to act jointly ("all-to-sign"). Due other respects, the deposit is subject to the nature provisions of the specific accountLaw 2961/2001, articles 19 and 111 of L. 2961/2001 shall applyarticle 111, which determine sets out the tax obligations of the all parties to such the respective deposits and accounts. Before the tax authorities and for the purpose of applying any inheritance taxSpecifically, it each time such a deposit is presumed that the deposit belongs to the co-depositors in equal parts, unless the latter or the State proves otherwise. In additionestablished, the Bank is obliged, when under the obligation to report the opening such an of the respective account, to notify the competent Tax Office date such account is opened and the particulars of the account openingco-beneficiaries to the appropriate tax authorities; similarly, on becoming aware of a co- beneficiary’s death, the date Bank is under the obligation to forward to the appropriate tax authorities a table displaying the deposit amounts and value dates. Furthermore, any co-beneficiary who makes withdrawals without the details rest of the co- beneficiaries being present, on the basis of a special authorization by the rest of the co-depositors, while, when becoming aware beneficiaries (in view of the death of a co- depositor, to forward to the competent Tax Office a table with the amounts and values of the deposit. At the same time, each co-depositor carrying out alone any withdrawal (being specifically authorized to do so by the other co-depositors, since, as mentioned hereinabove, withdrawals require requirement for joint action by allaction), is obliged prior each time required to such withdrawal sign a solemn declaration as to solemnly declare whether the other rest of the account co-depositors beneficiaries are still alivealive or not.
1.3.3. The present agreement is also governed by the provisions below: As regards confidentiality this agreement is governed by Legislative Decree 1059/1971 and article 24 of Law 2915/2001, while as regards its attachment/seizure it is subject to the competent applicable legislative and regulatory framework. Time-barring of deposit proceeds in favor of the Greek state is subject to the provisions of Legislative Decree 1195/1942 and Law 4151/2013, according to which deposit proceeds are time-barred in favor of the Greek state after the lapse of 20 years as of the day following the date of the last actual transaction carried out by the beneficiary depositors. Offsetting deposit proceeds against the Bank’s counterclaims on the Customer (solely on the basis of the Bank’s written statement to the Customer, sent to the Customer’s address indicated to the Bank) is subject to the respective provisions of the Greek Civil Code. As regards deposit guarantee the provisions of Law 4370/2016 on "Deposit guarantee schemes (transposition of Directive 2014/49/EU), Hellenic Deposit and Investment Guarantee Fund (TEKE) and other provisions", as amended, shall apply. Lastly, the present deposit agreement shall be terminated (along with the supplemental deposit account agreement, accordingly the contractual relationship is dissolved in its entirety) under the circumstances provided for by law and, particularly in the event that the parties agree otherwise, on expiry of the term agreed or inferred from the circumstances and service of a notice of termination by either one of the parties upon the other. It is hereby further agreed, in particular, that the Bank may unilaterally terminate this agreement if the Customer is found to be in any way in breach of the legal and regulatory framework governing deposits, or AML/CFT legislation, and of international economic sanctions or of any term of the present agreement, or in the event that pursuant to the legal and regulatory framework governing deposits and/or the Bank’s resolution, the specific type of deposit is no longer offered. Under any circumstances of dissolution of the contractual relationship hereunder in its entirety, the parties hereto undertake to act jointly for full settlement and final closure thereof (i.e. closing the account and releasing the deposit proceeds).
1.3.4. The Customer hereby declares that he agrees that his account shall be credited with the amounts from fund transfer orders or remittances, in line with the terms and conditions of the framework contract.
Appears in 1 contract
Samples: Single Agreement for Deposits and Associated Transaction Relationships