Common use of OWNERSHIP OF ACCOUNT AND BENEFICIARY DESIGNATION Clause in Contracts

OWNERSHIP OF ACCOUNT AND BENEFICIARY DESIGNATION. BUSINESS ACCOUNTS The following are persons authorized (“Authorized Person(s)”) to establish and act on behalf of the Account Owner with respect to accounts held at the Credit Union: if the Account Owner is a sole proprietorship, the business owner and any person designated by the business owner; if the Account Owner is a partnership, each partner (or general partner in the case of a limited partnership) and any person designated by the partners; and/or if the Account Owner has any other form of organiza- tion or is an unincorporated organization or association, the individuals vested with the power to make decisions concerning the operation of the Account Owner must designate the persons authorized to establish accounts at the Credit Union and transact business on such accounts on behalf of the Account Owner. All Authorized Persons must be at least 18 years of age. Authorized Persons are vested with the authority to open and close the account on behalf of the Account Owner, and transact any business of any nature on such accounts including but not limited to the following: depositing, withdrawing and transferring funds into, out of and between one or more accounts; signing drafts, checks and other orders for payment or withdrawal; issuing instructions regarding orders for payment or withdrawal; endorsing any check, draft, share certificate and other instrument or order for payment owned or held by the Account Owner; and receiving information of any nature about the account. POWER OF ATTORNEY If you choose to appoint an agent to act on your behalf pursuant to a power of attorney (“POA”), we may rely on instructions provided by the agent and will have no liability or responsibility to verify the transac- tions. The POA must be properly executed, valid under Commonwealth of Virginia law and the form of appointment must be acceptable to us. We have the right to request further documentation or information if deemed necessary or appropriate. In accordance with the terms of the POA, the agent you designate to act on your behalf will be authorized to transact business on your account(s) pursuant to the terms of such POA. Notwithstanding the foregoing, we reserve the right to contact you as the principal under the POA, to verify your intent, prior to acting under the authority of the POA. You further agree that unless prohibited by law, we may refuse, with or without cause, to accept or otherwise act under a POA, which you grant to others. If we choose to accept the POA, you understand and agree that we may act under the terms of such POA and to the extent permitted by law, revocation of the POA will not become effective until we have received written notification thereof. You agree to indemnify and hold us harmless for any claims that may arise against us because of our reliance on a POA. We are not liable for any transactions by an agent for a deceased or incompetent account owner, unless we have written notice provided in accordance with applicable law that you, as the principal under the POA are deceased, have revoked the powers of the agent, or you are adjudicated totally or partially incapacitated by a court of competent jurisdiction, and we have had time to act on that notice. DEATH OF BUSINESS MEMBERS If the account is in the name of an individual person or a business that is organized as a sole proprietorship, and no other authorized signers are on the account we may continue to honor all transfer orders, withdrawals, deposits and other transactions on an account until we are notified of the Account Owner’s death. Once we are notified of an Account Owner’s death, we may, at our discretion, pay drafts or honor other payments or transfer orders authorized by the Account Owner. If additional authorized users are on the account at the time of death of the owner we will, at our discretion, restrict the account until a determi- nation has been made by us as to who should legally be beneficiary of the account funds. We may require anyone claiming a deceased Account Owner’s account funds to indemnify us for any losses resulting from our honoring that claim. For all other business entities where all owners are deceased Member One FCU may seek legal counsel as to who should have legal access to funds in the account at the time of the last owner’s death. We reserve the right to restrict access to these accounts and may not honor transfer orders, withdrawals, deposits, and other transactions. This Agreement will be binding upon any heirs or legal representatives of any Account Owner that is an individual or organized as a sole proprietorship. You agree to notify us promptly if any person with a right to withdraw funds from this account dies or becomes legally incompetent. We may continue to honor your checks, items, and instructions until: (a) we know of the death or incompetence, and (b) we have had a reasonable opportunity to act on that knowledge. DORMANT AND ABANDONED MEMBERSHIP If you have not made any transactions over a period of nine (9) months and we have been unable to contact you, your account may be classified by us as dormant. In accordance with each state law, unclaimed property and funds in abandoned accounts are remitted to the custody of the applicable state agency and we will have no further liability to you for such funds. Unclaimed property may also include negotiable instruments that remain outstanding. You must apply to the appropriate state agency to reclaim such funds. A dormant and/or escheatment fee may be assessed in accordance with the Fee Schedule. 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”). Before settlement of any item becomes final, we act only as your agent, regardless of the form of endorsement or lack of endorsement on the item even though we may provide you provisional credit for the item. We may reverse any provisional credit for items that are lost, stolen or returned. 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 are not responsible for transactions by mail or outside depository until we record them. Our general policy is to make funds from your cash and check deposits available to you no later than the first business day after the day of your deposit. In some cases we may place a hold on funds that are deposited by check. A hold results in a delay in the availability of these funds. When a hold is placed on a deposit you will receive notice of the hold and a date of funds availability. For ATM deposits, the hold notice may be found at the terminal. In some cases, you will get a hold notice by mail. You may avoid holds by using direct deposit or wire transfer. A check deposit may be returned unpaid after we have made the funds available to you. You, as account owner(s) are responsible for any items returned as unpaid for any reason. You are responsible for repayment of any returned item and any fees incurred. We may charge your account for the amount of the check and fees even if doing so overdraws the account. While we generally choose to apply our Funds Availability Policy to deposits made to savings accounts (including money market savings accounts), and to deposits made using a mobile device, note that our Funds Availability Policy does not apply to these deposits and we may delay availability of funds. YOUR ABILITY TO WITHDRAW FUNDS Cash deposits are available for withdrawal same business day. Deposits made by check are made available by the next business day, with exceptions per our hold policy. Our policy is to make funds from electronic direct deposits made through the automated clearing house (ACH) available to you in accordance with Nacha Operating Rules and Guidelines. Incoming wire transfers received prior to the end of business day may be available to you on the day of the deposit. Once funds are available, you may withdraw the funds in cash and we will use the funds to pay checks that you have written. For determining the availability of your deposits, every day is a business day, except Saturdays, Sundays, and Federal Holidays. If you make a deposit before our established cutoff time on a business day that we are open, we will consider that day to be the day of your deposit. However, if a deposit is made after our cutoff or on a day we are not open, we will consider the day of your deposit to be the next business day we are open. Our established cutoff time is when a branch and/or department closes for business and may vary by location. The cutoff time for checks deposited at a Member One Federal Credit Union ATM is 8pm local time. LONGER DELAYS MAY APPLY In some cases, we will not make all of the funds deposited by check available to you by the first business day after the day of your deposit. Depending on the type of check that is deposited, funds may not be available for two to seven business days after the day of deposit. The first $225 of your deposit may be available no later than the first business day after the day of your deposit. We will generally notify you at the time of deposit if funds availability will be delayed. Notification will include when the funds will be made available. If your deposit is not made in a branch location, or if we decide to take this action after you have left the premises, we will mail you a notice by the next business day after we receive your deposit. In addition, funds you deposit by check may be delayed for a longer period under the following circumstances: • We believe a check you deposit will not be paid, • You deposit checks totaling more than $5,000 on any one day, • You redeposit a check that has been returned unpaid, • You have overdrawn your account repeatedly in the last 6 months, • There is an emergency, such as failure of computer or communi- cations equipment. We will notify you if we delay your ability to withdraw funds for any of these reasons, and we will tell you when the funds will be available. They will generally be available no later than the seventh business day after the day of your deposit. This policy statement applies to all accounts. During the delay, you may not withdraw the funds in cash and we will not use the funds to pay checks that you have written. Please remember that even after we have made funds available to you, and you have withdrawn the funds, you are still responsible for checks you deposit that are returned to us unpaid and for any other problems involving your deposit.

Appears in 2 contracts

Samples: Account Agreement, Account Agreement

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OWNERSHIP OF ACCOUNT AND BENEFICIARY DESIGNATION. BUSINESS ACCOUNTS The following are persons authorized (“Authorized Person(s)”) to establish and act on behalf of the Account Owner with respect to accounts held at the Credit Union: if the Account Owner is a sole proprietorship, the business owner and any person designated by the business owner; if the Account Owner is a partnership, each partner (or general partner in the case of a limited partnership) and any person designated by the partners; and/or if the Account Owner has any other form of organiza- tion organization or is an unincorporated organization or association, the individuals vested with the power to make decisions concerning the operation of the Account Owner must designate the persons authorized to establish accounts at the Credit Union and transact business on such accounts on behalf of the Account Owner. All Authorized Persons must be at least 18 years of age. Authorized Persons are vested with the authority to open and close the account on behalf of the Account Owner, and transact any business of any nature on such accounts including but not limited to the following: depositing, withdrawing and transferring funds into, out of and between one or more accounts; signing drafts, checks and other orders for payment or withdrawal; issuing instructions regarding orders for payment or withdrawal; endorsing any check, draft, share certificate and other instrument or order for payment owned or held by the Account Owner; and receiving information of any nature about the account. POWER OF ATTORNEY If you choose to appoint an agent to act on your behalf pursuant to a power of attorney (“POA”), we may rely on instructions provided by the agent and will have no liability or responsibility to verify the transac- tionstransactions. The POA must be properly executed, valid under Commonwealth of Virginia law and the form of appointment must be acceptable to us. We have the right to request further documentation or information if deemed necessary or appropriate. In accordance with the terms of the POA, the agent you designate to act on your behalf will be authorized to transact business on your account(s) pursuant to the terms of such POA. Notwithstanding the foregoing, we reserve the right to contact you as the principal under the POA, to verify your intent, prior to acting under the authority of the POA. You further agree that unless prohibited by law, we may refuse, with or without cause, to accept or otherwise act under a POA, which you grant to others. If we choose to accept the POA, you understand and agree that we may act under the terms of such POA and to the extent permitted by law, revocation of the POA will not become effective until we have received written notification thereof. You agree to indemnify and hold us harmless for any claims that may arise against us because of our reliance on a POA. We are not liable for any transactions by an agent for a deceased or incompetent account owner, unless we have written notice provided in accordance with applicable law that you, as the principal under the POA are deceased, have revoked the powers of the agent, or you are adjudicated totally or partially incapacitated by a court of competent jurisdiction, and we have had time to act on that notice. DEATH OF BUSINESS MEMBERS If the account is in the name of an individual person or a business that is organized as a sole proprietorship, and no other authorized signers are on the account we may continue to honor all transfer orders, withdrawals, deposits and other transactions on an account until we are notified of the Account Owner’s death. Once we are notified of an Account Owner’s death, we may, at our discretion, pay drafts or honor other payments or transfer orders authorized by the Account Owner. If additional authorized users are on the account at the time of death of the owner we will, at our discretion, restrict the account until a determi- nation has been made by us as to who should legally be beneficiary of the account funds. We may require anyone claiming a deceased Account Owner’s account funds to indemnify us for any losses resulting from our honoring that claim. For all other business entities where all owners are deceased Member One FCU may seek legal counsel as to who should have legal access to funds in the account at the time of the last owner’s death. We reserve the right to restrict access to these accounts and may not honor transfer orders, withdrawals, deposits, and other transactions. This Agreement will be binding upon any heirs or legal representatives of any Account Owner that is an individual or organized as a sole proprietorship. You agree to notify us promptly if any person with a right to withdraw funds from this account dies or becomes legally incompetent. We may continue to honor your checks, items, and instructions until: (a) we know of the death or incompetence, and (b) we have had a reasonable opportunity to act on that knowledge. DORMANT AND ABANDONED MEMBERSHIP If you have not made any transactions over a period of nine (9) months and we have been unable to contact you, your account may be classified by us as dormant. In accordance with each state law, unclaimed property and funds in abandoned accounts are remitted to the custody of the applicable state agency and we will have no further liability to you for such funds. Unclaimed property may also include negotiable instruments that remain outstanding. You must apply to the appropriate state agency to reclaim such funds. A dormant and/or escheatment fee may be assessed in accordance with the Business Account Fee Schedule. We BUSINESS SAVINGS A Business Membership Savings account is required in order to maintain business membership at the Credit Union. Dividends will give only provisional credit until collection be compounded and credited every quarter. For this account type, the dividend period is final quarterly; for any itemsexample, other than cash, we accept for deposit (including items drawn “on-us”). Before settlement of any item becomes final, we act only as your agent, regardless the beginning date of the form first dividend period of endorsement the calendar year is January 1, and the ending date of such dividend period is March 31. All other dividend periods follow this same pattern of dates. The dividend declaration date is the last day of the dividend period: for the example above, March 31. Dividends are calculated by the average daily balance method which applies a periodic rate to the average daily balance in the account for the period. The average daily balance is calculated by adding the balance in the account for each day of the period and dividing that figure by the number of days in the period. The period we use is the quarterly statement cycle. The minimum required to open this account is $5.00 and the purchase of a share in the Credit Union. If you do not maintain an active checking account you may be required to maintain a $500 average monthly balance in any savings, share certificate, loan (excluding credit cards) or lack any combination of endorsement these accounts in order to avoid a monthly fee. See Business Truth in Savings Disclosure and business fee schedule for other restrictions that may apply. BUSINESS ESSENTIAL CHECKING/BUSINESS EDGE CHECKING/BUSINESS ELITE CHECKING ACCOUNT/ BUSINESS EXEMPT CHECKING No minimum balance is required to open or maintain this account. No transaction limitations apply to this account unless otherwise stated in the previous sections of this agreement. Monthly maintenance and transaction fees may be associated with these accounts. Debit report score is not a credit score and does not determine an individual’s creditworthiness. BUSINESS MONEY MARKET This is a tiered rate account. Refer to our Business Truth in Savings Disclosure for current tiers and rates. Dividends will be compounded and credited every month. For this account type, the dividend period is monthly; for example, the beginning date of the first dividend period of the calendar year is January 1, and the ending date of such dividend period is January 31. All other dividend periods follow this same pattern of dates. The dividend declaration date is the last day of the dividend period: for the example above, January 31. You must maintain a minimum daily balance in your account each day to obtain the disclosed annual percentage yield. Refer to our Business Truth in Savings Disclosure for the minimum balance required for this account. Dividends are calculated by the daily balance method which applies a daily periodic rate to the balance in the account each day. BUSINESS SHARE CERTIFICATE ACCOUNT For Share Certificate accounts, unless otherwise paid, dividends will be compounded every month. Dividends will be credited to your account every month. Alternatively, you may choose to have dividends paid to another account every month rather than credited to this account. For Share Certificate accounts, the dividend period is monthly. There is a minimum balance required to open this account. You must maintain a minimum balance to obtain the disclosed dividend rate and/or annual percentage yield. Refer to our Business Truth in Savings Disclosure for the minimum balance required for this account. Dividends are calculated by the daily balance method which applies a daily periodic rate to the balance in the account each day. If withdrawals bring the account balance below the minimum balance required, then the certificate account may be closed. You can withdraw dividends anytime during the term of crediting after they are credited to your account. For Share Certificate accounts, after the account is opened, you may not make additions into the account until the maturity date stated on the item even though we may provide you provisional credit for the item. We may reverse any provisional credit for items that are lost, stolen or returned. 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 are not responsible for transactions by mail or outside depository until we record them. Our general policy is to make funds from your cash and check deposits available to you no later than the first business day after the day of your deposit. In some cases we may place a hold on funds that are deposited by check. A hold results in a delay in the availability of these funds. When a hold is placed on a deposit you will receive notice of the hold and a date of funds availability. For ATM deposits, the hold notice may be found at the terminal. In some cases, you will get a hold notice by mailaccount. You may avoid holds by using direct deposit or wire transfermake withdrawals of principal from your account before maturity only if we agree at the time you request the withdrawal. Principal withdrawn before maturity is included in the amount subject to early withdrawal penalty. You can only withdraw dividends credited in the term before maturity of that term without penalty. A check deposit penalty may be returned unpaid after we have made imposed for withdrawals before maturity. Ninety (90) day interest penalty on amount withdrawn from a certificate with a term equal to or less than 12 months is imposed for all early withdrawals. For certificates with a term greater than 12 months there will be a penalty of one hundred eighty (180) days’ interest. In certain circumstances such as death or incompetence of an owner of this account, the funds available to you. Youlaw permits, as account owner(s) are responsible for any items returned as unpaid for any reason. You are responsible for repayment of any returned item and any fees incurred. We may charge your account for or in some cases requires, the amount waiver of the check and fees even if doing so overdraws early withdrawal penalty. Withdrawing funds prior to maturity may result in reduction of the principal balance within the account. While we generally choose to apply our Funds Availability Policy to deposits made to savings accounts (including money market savings accounts), and to deposits made using a mobile device, note The annual percentage yield is based on an assumption that our Funds Availability Policy does not apply to these deposits and we dividends will remain in the account until maturity. A withdrawal will reduce earnings. This account will automatically renew at maturity. You may delay availability of funds. YOUR ABILITY TO WITHDRAW FUNDS Cash deposits are available for withdrawal same business day. Deposits made by check are made available by the next business day, with exceptions per our hold policy. Our policy is to make funds from electronic direct deposits made through the automated clearing house (ACH) available to prevent renewal if you in accordance with Nacha Operating Rules and Guidelines. Incoming wire transfers received prior to the end of business day may be available to you on the day of the deposit. Once funds are available, you may withdraw the funds in cash and the account at maturity (or within the grace period mentioned below, if any) or we will use receive written notice from you within the funds to pay checks that you have written. For determining the availability of your depositsgrace period mentioned below, every day is a business day, except Saturdays, Sundays, and Federal Holidaysif any. If you make a deposit before our established cutoff time on a business day that we are openprevent renewal, we will consider that day to be the day of your deposit. However, if a deposit is made after our cutoff or on a day we are not open, we will consider the day of your deposit to be the next business day we are open. Our established cutoff time is when a branch and/or department closes for business and may vary by location. The cutoff time for checks deposited at a Member One Federal Credit Union ATM is 8pm local time. LONGER DELAYS MAY APPLY In some cases, we will not make all of the funds deposited by check available to you by the first business day after the day of your deposit. Depending on the type of check that is deposited, funds may not be available for two to seven business days after the day of deposit. The first $225 of your deposit may be available no later than the first business day after the day of your deposit. We will generally notify you at the time of deposit if funds availability will be delayed. Notification will include when the funds will be made available. If your deposit is not made placed in a branch locationdividend-bearing account. Each renewal term will be the same as the original term, or if we decide to take this action after you have left beginning on the premisesmaturity date. At renewal, we will mail you a notice by the next business day after we receive your deposit. In addition, funds you deposit by check dividend rate may be delayed adjusted to the current rate offered for new accounts of the same term and require- ments. You will have a longer grace period under the following circumstances: • We believe a check you deposit will not be paid, • You deposit checks totaling more than $5,000 on any one day, • You redeposit a check that has been returned unpaid, • You have overdrawn your account repeatedly in the last 6 months, • There is an emergency, such as failure of computer or communi- cations equipment. We will notify you if we delay your ability ten calendar days after maturity to withdraw funds for any of these reasons, and we will tell you when the funds will be available. They will generally be available no later than the seventh business day after the day of your deposit. This policy statement applies to all accounts. During the delay, you may not withdraw the funds without being charged an early withdrawal penalty. We reserve the right, at any time, to require you to provide, in cash and we will writing, not use more than 60 days’ notice of intention to withdraw the funds to pay checks that you have written. Please remember that even after we have made funds available to you, and you have withdrawn whole or any parts of the funds, you are still responsible for checks you deposit that are returned to us unpaid and for any other problems involving amounts paid into your depositaccount(s).

Appears in 2 contracts

Samples: Business Membership Account Agreement, Business Membership Account Agreement

OWNERSHIP OF ACCOUNT AND BENEFICIARY DESIGNATION. BUSINESS ACCOUNTS The following are persons authorized (“Authorized Person(s)”) These rules apply to establish and act this account depending on behalf of the Account Owner with respect to accounts held at the Credit Union: if the Account Owner is a sole proprietorship, the business owner and any person designated by the business owner; if the Account Owner is a partnership, each partner (or general partner in the case of a limited partnership) and any person designated by the partners; and/or if the Account Owner has any other form of organiza- tion or is an unincorporated organization or association, the individuals vested with the power to make decisions concerning the operation of the Account Owner must designate the persons authorized to establish accounts at the Credit Union and transact business on such accounts on behalf of the Account Owner. All Authorized Persons must be at least 18 years of age. Authorized Persons are vested with the authority to open and close the account on behalf of the Account Owner, and transact any business of any nature on such accounts including but not limited to the following: depositing, withdrawing and transferring funds into, out of and between one or more accounts; signing drafts, checks and other orders for payment or withdrawal; issuing instructions regarding orders for payment or withdrawal; endorsing any check, draft, share certificate and other instrument or order for payment owned or held by the Account Owner; and receiving information of any nature about the account. POWER OF ATTORNEY If you choose to appoint an agent to act on your behalf pursuant to a power of attorney (“POA”), we may rely on instructions provided by the agent and will have no liability or responsibility to verify the transac- tions. The POA must be properly executed, valid under Commonwealth of Virginia law and the form of appointment must be acceptable to us. We have the right to request further documentation or information ownership and beneficiary designation, if deemed necessary or appropriate. In accordance with the terms of the POAany, the agent you designate to act on your behalf will be authorized to transact business on your account(s) pursuant to the terms of such POA. Notwithstanding the foregoing, we reserve the right to contact you as the principal under the POA, to verify your intent, prior to acting under the authority of the POA. You further agree that unless prohibited by law, we may refuse, with or without cause, to accept or otherwise act under a POA, which you grant to others. If we choose to accept the POA, you understand and agree that we may act under the terms of such POA and to the extent permitted by law, revocation of the POA will not become effective until we have received written notification thereof. You agree to indemnify and hold us harmless for any claims that may arise against us because of our reliance on a POA. We are not liable for any transactions by an agent for a deceased or incompetent account owner, unless we have written notice provided in accordance with applicable law that you, as the principal under the POA are deceased, have revoked the powers of the agent, or you are adjudicated totally or partially incapacitated by a court of competent jurisdiction, and we have had time to act on that notice. DEATH OF BUSINESS MEMBERS If the account is in the name of an individual person or a business that is organized as a sole proprietorship, and no other authorized signers are specified on the account we may continue records. This Credit Union is hereby authorized to honor all transfer orders, withdrawals, deposits and other transactions on an account until we are notified recognize any of the Account Owner’s death. Once we are notified of an Account Owner’s death, we may, at our discretion, pay drafts or honor other payments or transfer orders authorized by the Account Owner. If additional authorized users are signatures subscribed on the account at signature instrument for the time purposes of death payment of funds or the owner we will, at our discretion, restrict the account until a determi- nation has been made by us as to who should legally be beneficiary transaction of the account funds. We may require anyone claiming a deceased Account Owner’s account funds to indemnify us any business for any losses resulting from our honoring that claim. For all other business entities where all owners are deceased Member One FCU may seek legal counsel as to who should have legal access to funds in the account at the time of the last owner’s deaththis account. We reserve the right to restrict access refuse some forms of ownership on any or all of our accounts. We make no representations as to these accounts the appropriateness or effect of the ownership and may not honor transfer ordersbeneficiary designations, withdrawalsexcept as they determine to whom we pay the account funds. Individual Account- is an account in the name of one person. Joint Account- With Right of Survivorship - is an account in the name of two or more persons. At death of a joint owner, depositsownership passes to surviving joint owners. If two or more joint owners survive and one is the surviving spouse of the deceased owner, the amount to which the deceased owner, immediately before death, was beneficially entitled by law belongs to the surviving spouse. If two or more joint owners survive and none is the spouse of the decedent, the amount to which the deceased owner, immediately before death, was beneficially entitle by law belongs to the surviving owners in equal shares, and other transactionsaugments the proportion to which each surviving joint owner, immediately before the deceased owner’s death, was beneficially entitled under law, and the right of survivorship continues between the surviving owners. This Agreement BUSINESS ACCOUNTS - Earning in the form of interest, dividends, or credits will be binding upon any heirs paid only on collected funds, unless otherwise provided by law or legal representatives of any Account Owner that is an individual or organized as a sole proprietorship. You agree to notify us promptly if any person with a right to withdraw funds from this account dies or becomes legally incompetentour policy. We may continue to honor your checks, items, and instructions until: (a) we know require the governing body of the death legal entity opening the account to give us 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. FIDUCIARY ACCOUNTS – Accounts may be opened by a person acting in a fiduciary capacity. A fiduciary is someone who is appointed to act on behalf of and for the benefit of another. We are not responsible for the actions of a fiduciary, including the misuse of funds. This account may be opened and maintained by a person or incompetencepersons named as a trustee under a written trust agreement, or as executors, administrators, or conservators under court orders. You understand that by merely opening such an account, we are STOP PAYMENTS - Unless otherwise provided, the rules in this section cover stopping payment of items such as checks and (b) drafts. You must make any stop-payment order in the manner required by law and we have had must receive it in time to give us a reasonable opportunity to act on that knowledgeit before our stop-payment cut off time. DORMANT AND ABANDONED MEMBERSHIP If you have not made any transactions over a period of nine (9) months and we have been unable to contact youTo be effective, your account may be classified by us as dormant. In accordance with each state lawstop-payment order must precisely identify the number, unclaimed property date, and funds in abandoned accounts are remitted to the custody amount of the applicable state agency item and we will have no further liability to you for such funds. Unclaimed property may also include negotiable instruments that remain outstandingthe payee. You must apply to the appropriate state agency to reclaim such funds. A dormant and/or escheatment fee may be assessed in accordance with the Fee Schedule. 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”). Before settlement of stop payment on any item becomes finaldrawn on your account whether you signed the item or not. Generally, we act only as if your agentstop-payment order is given to us in writing, regardless 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 form of endorsement or lack of endorsement on six-month period. If the item even though we may provide stop-payment order was oral, your stop- payment order will lapse after 14 calendar days if you provisional credit for the item. We may reverse any provisional credit for items do not confirm your order in writing within that are lost, stolen or returned. Actual credit for deposits of, or payable in, foreign currency will be at the exchange rate in effect on final collection in U.S. dollarstime period. We are not responsible for transactions obligated to notify you when a stop-payment order expires. A release of the stop-payment request may be made only by mail or outside depository until we record themthe person who initiated the stop-payment order. Our general policy stop-payment cut off time is to make funds from your cash and check deposits available to you no later than one hour after the first business opening of the next banking day after the banking day of your depositin which we receive the item. In some cases Additional limitations on our obligation to stop payment are provided by law. (e.g., we may place a hold on funds that are deposited by checkpaid the item in cash or we certified the item). TELEPHONE TRANSFERS - A hold results in a delay in the availability of these funds. When a hold is placed on a deposit you will receive notice of the hold and a date telephone transfer of funds availability. For ATM depositsfrom this account to another account with us, the hold notice if otherwise arranged for or permitted, may be found at made by the terminalsame persons and under the same conditions generally applicable to withdrawals made in writing. In some casesUnless a different limitation is disclosed in writing, you will get we restrict the number of transfers from a hold notice by mailsavings account to another account or to third parties, to a maximum of six per month (less the number of “preauthorized transfers” during the month). You Other account transfer restrictions may avoid holds by using be described elsewhere. ACCOUNT TRANSFER - This account may not be transferred or assigned without our prior written consent. DIRECT DEPOSITS - If, in connection with a direct deposit or wire transfer. A check plan, we deposit may be any amount in an account which should have been returned unpaid after we have made to the funds available to you. You, as account owner(s) are responsible for any items returned as unpaid Federal Government for any reason. You are responsible for repayment , you authorize us to deduct the amount of our liability to the Federal Government from the account or from any returned item other account you have with us, without prior notice and at any fees incurredtime, except as prohibited by law. We may charge your account for also use any other legal remedy to recover the amount of the check and fees even if doing so overdraws the account. While we generally choose to apply our Funds Availability Policy to deposits made to savings accounts (including money market savings accounts), and to deposits made using a mobile device, note that our Funds Availability Policy does not apply to these deposits and we may delay availability of funds. YOUR ABILITY TO WITHDRAW FUNDS Cash deposits are available for withdrawal same business day. Deposits made by check are made available by the next business day, with exceptions per our hold policy. Our policy is to make funds from electronic direct deposits made through the automated clearing house (ACH) available to you in accordance with Nacha Operating Rules and Guidelines. Incoming wire transfers received prior to the end of business day may be available to you on the day of the deposit. Once funds are available, you may withdraw the funds in cash and we will use the funds to pay checks that you have written. For determining the availability of your deposits, every day is a business day, except Saturdays, Sundays, and Federal Holidays. If you make a deposit before our established cutoff time on a business day that we are open, we will consider that day to be the day of your deposit. However, if a deposit is made after our cutoff or on a day we are not open, we will consider the day of your deposit to be the next business day we are open. Our established cutoff time is when a branch and/or department closes for business and may vary by location. The cutoff time for checks deposited at a Member One Federal Credit Union ATM is 8pm local time. LONGER DELAYS MAY APPLY In some cases, we will not make all of the funds deposited by check available to you by the first business day after the day of your deposit. Depending on the type of check that is deposited, funds may not be available for two to seven business days after the day of deposit. The first $225 of your deposit may be available no later than the first business day after the day of your deposit. We will generally notify you at the time of deposit if funds availability will be delayed. Notification will include when the funds will be made available. If your deposit is not made in a branch location, or if we decide to take this action after you have left the premises, we will mail you a notice by the next business day after we receive your deposit. In addition, funds you deposit by check may be delayed for a longer period under the following circumstances: • We believe a check you deposit will not be paid, • You deposit checks totaling more than $5,000 on any one day, • You redeposit a check that has been returned unpaid, • You have overdrawn your account repeatedly in the last 6 months, • There is an emergency, such as failure of computer or communi- cations equipment. We will notify you if we delay your ability to withdraw funds for any of these reasons, and we will tell you when the funds will be available. They will generally be available no later than the seventh business day after the day of your deposit. This policy statement applies to all accounts. During the delay, you may not withdraw the funds in cash and we will not use the funds to pay checks that you have written. Please remember that even after we have made funds available to you, and you have withdrawn the funds, you are still responsible for checks you deposit that are returned to us unpaid and for any other problems involving your depositliability.

Appears in 1 contract

Samples: Terms and Conditions

OWNERSHIP OF ACCOUNT AND BENEFICIARY DESIGNATION. BUSINESS ACCOUNTS The following are persons authorized (“Authorized Person(s)”) to establish and act on behalf of the Account Owner with respect to accounts held at the Credit Union: if the Account Owner is a sole proprietorship, the business owner and any person designated by the business owner; if the Account Owner is a partnership, each partner (or general partner in the case of a limited partnership) and any person designated by the partners; and/or if the Account Owner has any other form of organiza- tion or is an unincorporated organization or association, the individuals vested with the power to make decisions concerning the operation of the Account Owner must designate the persons authorized to establish accounts at the Credit Union and transact business on such accounts on behalf of the Account Owner. All Authorized Persons must be at least 18 years of age. Authorized Persons are vested with the authority to open and close the account on behalf of the Account Owner, and transact any business of any nature on such accounts including but not limited to the following: depositing, withdrawing and transferring funds into, out of and between one or more accounts; signing drafts, checks and other orders for payment or withdrawal; issuing instructions regarding orders for payment or withdrawal; endorsing any check, draft, share certificate and other instrument or order for payment owned or held by the Account Owner; and receiving information of any nature about the account. POWER OF ATTORNEY If you choose to appoint an agent to act on your behalf pursuant to a power of attorney (“POA”), we may rely on instructions Except as otherwise provided by the agent and will have no liability or responsibility law, these rules apply to verify the transac- tions. The POA must be properly executed, valid under Commonwealth of Virginia law and this account depending on the form of appointment must be acceptable to us. We have the right to request further documentation or information ownership and beneficiary designation, if deemed necessary or appropriate. In accordance with the terms of the POAany, the agent you designate to act on your behalf will be authorized to transact business on your account(s) pursuant to the terms of such POA. Notwithstanding the foregoing, we reserve the right to contact you as the principal under the POA, to verify your intent, prior to acting under the authority of the POA. You further agree that unless prohibited by law, we may refuse, with or without cause, to accept or otherwise act under a POA, which you grant to others. If we choose to accept the POA, you understand and agree that we may act under the terms of such POA and to the extent permitted by law, revocation of the POA will not become effective until we have received written notification thereof. You agree to indemnify and hold us harmless for any claims that may arise against us because of our reliance on a POA. We are not liable for any transactions by an agent for a deceased or incompetent account owner, unless we have written notice provided in accordance with applicable law that you, as the principal under the POA are deceased, have revoked the powers of the agent, or you are adjudicated totally or partially incapacitated by a court of competent jurisdiction, and we have had time to act on that notice. DEATH OF BUSINESS MEMBERS If the account is in the name of an individual person or a business that is organized as a sole proprietorship, and no other authorized signers are specified on the account we may continue to honor all transfer orders, withdrawals, deposits and other transactions on an account until we are notified of the Account Owner’s death. Once we are notified of an Account Owner’s death, we may, at our discretion, pay drafts or honor other payments or transfer orders authorized by the Account Owner. If additional authorized users are on the account at the time of death of the owner we will, at our discretion, restrict the account until a determi- nation has been made by us as to who should legally be beneficiary of the account funds. We may require anyone claiming a deceased Account Owner’s account funds to indemnify us for any losses resulting from our honoring that claim. For all other business entities where all owners are deceased Member One FCU may seek legal counsel as to who should have legal access to funds in the account at the time of the last owner’s deathrecords. We reserve the right to restrict access refuse some forms of ownership on any and all of our accounts. We make no representations as to these accounts the appropriateness or effect of the ownership and may not honor transfer ordersbeneficiary designations, withdrawals, deposits, and other transactionsexcept as they determine to whom we pay the account funds. This Agreement will be binding upon any heirs or legal representatives of any Account Owner that is Individual Account—By opening an account designated as an individual or organized as a sole proprietorship. You agree to notify us promptly if any person with a right to withdraw funds from this account dies or becomes legally incompetent. We may continue to honor your checks, items, and instructions until: (a) we know of the death or incompetence, and (b) we have had a reasonable opportunity to act on that knowledge. DORMANT AND ABANDONED MEMBERSHIP If you have not made any transactions over a period of nine (9) months and we have been unable to contact you, your account may be classified by us as dormant. In accordance with each state law, unclaimed property and funds in abandoned accounts are remitted to the custody of the applicable state agency and we will have no further liability to you for such funds. Unclaimed property may also include negotiable instruments that remain outstanding. You must apply to the appropriate state agency to reclaim such funds. A dormant and/or escheatment fee may be assessed in accordance with the Fee Schedule. 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”). Before settlement of any item becomes final, we act only as your agent, regardless of the form of endorsement or lack of endorsement on the item even though we may provide you provisional credit for the item. We may reverse any provisional credit for items that are lost, stolen or returned. 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 are not responsible for transactions by mail or outside depository until we record them. Our general policy is to make funds from your cash and check deposits available to you no later than the first business day after the day of your deposit. In some cases we may place a hold on funds that are deposited by check. A hold results in a delay in the availability of these funds. When a hold is placed on a deposit you will receive notice of the hold and a date of funds availability. For ATM deposits, the hold notice may be found at the terminal. In some casesaccount, you will get a hold notice are considered by mail. You may avoid holds by using direct deposit or wire transfer. A check deposit may be returned unpaid after we have made the funds available Credit Union as the sole owner and the only person authorized to you. You, as account owner(s) are responsible for any items returned as unpaid for any reason. You are responsible for repayment of any returned item and any fees incurred. We may charge your account for the amount of the check and fees even if doing so overdraws use the account. While we generally choose to apply our Funds Availability Policy to deposits made to Joint Account—If you designate a joint owner on any deposit account, it is co-owned equally by you and the joint owner. Joint ownership means that the shares and accumu- lated dividends may be withdrawn or transferred by you or the joint owner, or pledged as collateral against a loan (savings or share certificate) by you or the joint owner at any time. Persons opening joint accounts (including money market savings accounts), and to deposits made using a mobile device, note that our Funds Availability Policy does not apply to these deposits and we may delay availability of funds. YOUR ABILITY TO WITHDRAW FUNDS Cash deposits are available for withdrawal same business day. Deposits made by check are made available will be treated by the next business day, Credit Union as joint tenants with exceptions per our hold policyright of survivor- ship and not as tenants in common. Our policy BFSFCU is not liable for carrying out the requests of any owner. A joint owner cannot be removed from an account without his/her written permission. Any owner on a multiple party account can close the account. Each owner authorizes the Credit Union to make funds from electronic direct deposits made through exercise its right of offset and enforce BFSFCU’s security interest in the automated clearing house (ACH) available to entire account even if only one of you in accordance with Nacha Operating Rules and Guidelines. Incoming wire transfers received prior to is the end debtor; these rights exist regardless of business day may be available to you on the day of the deposit. Once funds are available, you may withdraw the funds in cash and we will use who contributed the funds to pay checks that the account. Joint Tenants by the Entirety—This account is held by married persons together and is recognized by applicable state law where the account is opened. This ownership des- ignation on the Credit Union records requires your specific written request to be effective. Upon the death of one of the spouse owners, the account will belong to the surviv- ing spouse. The shares and accumulated dividends may be withdrawn by any means we make available or transferred by either of you; shares and accumulated dividends may be pledged as collateral by you have writtenor the joint spouse at any time. For determining the availability of your deposits, every day is a business day, except Saturdays, Sundays, and Federal HolidaysA joint owner cannot be removed from an account without his/her written permission. If you make a deposit before our established cutoff time Any owner on a business day that we are open, we will consider that day to be multiple party account can close the day of your depositaccount. However, if a deposit is made after our cutoff or on a day we are not open, we will consider Each owner authorizes the day of your deposit to be the next business day we are open. Our established cutoff time is when a branch and/or department closes for business and may vary by location. The cutoff time for checks deposited at a Member One Federal Credit Union ATM is 8pm local time. LONGER DELAYS MAY APPLY In some cases, we will not make all to exercise its right of the funds deposited by check available to you by the first business day after the day of your deposit. Depending on the type of check that is deposited, funds may not be available for two to seven business days after the day of deposit. The first $225 of your deposit may be available no later than the first business day after the day of your deposit. We will generally notify you at the time of deposit if funds availability will be delayed. Notification will include when the funds will be made available. If your deposit is not made in a branch location, or if we decide to take this action after you have left the premises, we will mail you a notice by the next business day after we receive your deposit. In addition, funds you deposit by check may be delayed for a longer period under the following circumstances: • We believe a check you deposit will not be paid, • You deposit checks totaling more than $5,000 on any one day, • You redeposit a check that has been returned unpaid, • You have overdrawn your account repeatedly offset and enforce BFSFCU’s security interest in the last 6 months, • There entire account even if only one of you is an emergency, such as failure the debtor; these rights exist regardless of computer or communi- cations equipment. We will notify you if we delay your ability to withdraw funds for any of these reasons, and we will tell you when the funds will be available. They will generally be available no later than the seventh business day after the day of your deposit. This policy statement applies to all accounts. During the delay, you may not withdraw the funds in cash and we will not use who contributed the funds to pay checks that you have written. Please remember that even after we have made funds available to you, and you have withdrawn the funds, you are still responsible for checks you deposit that are returned to us unpaid and for any other problems involving your depositaccount.

Appears in 1 contract

Samples: Share Account Agreement

OWNERSHIP OF ACCOUNT AND BENEFICIARY DESIGNATION. BUSINESS ACCOUNTS The following are persons authorized (“Authorized Person(s)”) to establish and act on behalf of the These Individual Account Owner with respect to accounts held at the Credit Union: if the Account Owner is a sole proprietorship, the business owner and any person designated by the business owner; if the Account Owner is a partnership, each partner (or general partner in the case of a limited partnership) and any person designated by the partners; and/or if the Account Owner has any other form of organiza- tion or is an unincorporated organization or association, the individuals vested with the power to make decisions concerning the operation of the Account Owner must designate the persons authorized to establish accounts at the Credit Union and transact business on such accounts on behalf of the Account Owner. All Authorized Persons must be at least 18 years of age. Authorized Persons are vested with the authority to open and close the account on behalf of the Account Owner, and transact any business of any nature on such accounts including but not limited to the following: depositing, withdrawing and transferring funds into, out of and between one or more accounts; signing drafts, checks and other orders for payment or withdrawal; issuing instructions regarding orders for payment or withdrawal; endorsing any check, draft, share certificate and other instrument or order for payment owned or held by the Account Owner; and receiving information of any nature about the account. POWER OF ATTORNEY If you choose to appoint an agent to act on your behalf pursuant to a power of attorney (“POA”), we may rely on instructions provided by the agent and will have no liability or responsibility to verify the transac- tions. The POA must be properly executed, valid under Commonwealth of Virginia law and the form of appointment must be acceptable to us. We have the right to request further documentation or information if deemed necessary or appropriate. In accordance with the terms of the POA, the agent you designate to act on your behalf will be authorized to transact business on your account(s) pursuant to the terms of such POA. Notwithstanding the foregoing, we reserve the right to contact you as the principal under the POA, to verify your intent, prior to acting under the authority of the POA. You further agree that unless prohibited by law, we may refuse, with or without cause, to accept or otherwise act under a POA, which you grant to others. If we choose to accept the POA, you understand and agree that we may act under the terms of such POA and to the extent permitted by law, revocation of the POA will not become effective until we have received written notification thereof. You agree to indemnify and hold us harmless for any claims that may arise against us because of our reliance on a POA. We are not liable for any transactions by an agent for a deceased or incompetent account owner, unless we have written notice provided in accordance with applicable law that you, as the principal under the POA are deceased, have revoked the powers of the agent, or you are adjudicated totally or partially incapacitated by a court of competent jurisdiction, and we have had time to act on that notice. DEATH OF BUSINESS MEMBERS If the account is in the name of an individual person one person. Joint Account – No Survivorship (As Tenants In Common) – is owned by two or a business that is organized as a sole proprietorshipmore persons, but none of you intend (merely by opening this account) to create any right of survivorship in any other person. We encourage you to agree and tell us in writing of the percentage of the deposit contributed by each of you. This information will not, however, affect the “number of signatures” necessary for withdrawal. Revocable Trust or Pay-On-Death Account – If two or more of you create this type of account, you own the account jointly with survivorship. Beneficiaries cannot withdraw unless: (1) all persons creating the account die, and no other authorized signers are on (2) the account we may continue to honor all transfer orders, withdrawals, deposits and other transactions on an account until we are notified of the Account Owner’s death. Once we are notified of an Account Owner’s death, we may, at our discretion, pay drafts or honor other payments or transfer orders authorized by the Account Ownerbeneficiary is then living. If additional authorized users two or more beneficiaries are on named and survive the account at the time of death of all persons creating the owner we willaccount, at our discretionbeneficiaries will own this account in equal shares, restrict the without right of survivorship. The person(s) creating either of these account until a determi- nation has been made by us as to who should legally be beneficiary types may: (1) change beneficiaries, (2) change account types, and (3) withdraw all or part of the account funds at any time. BUSINESS ACCOUNTS – 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 anyone claiming the governing body of the legal entity opening the account to give us a deceased Account Owner’s account funds separate authorization telling us who is authorized to indemnify us for 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. STOP PAYMENTS – You must make any losses resulting from our honoring that claim. For all other business entities where all owners are deceased Member One FCU may seek legal counsel as to who should have legal access to funds stop-payment order in the account at the manner required by law and we must receive it in time of the last owner’s death. We reserve the right to restrict access to these accounts and may not honor transfer orders, withdrawals, deposits, and other transactions. This Agreement will be binding upon any heirs or legal representatives of any Account Owner that is an individual or organized as a sole proprietorship. You agree to notify give us promptly if any person with a right to withdraw funds from this account dies or becomes legally incompetent. We may continue to honor your checks, items, and instructions until: (a) we know of the death or incompetence, and (b) we have had a reasonable opportunity to act on that knowledgeit before our stop-payment cutoff time. DORMANT AND ABANDONED MEMBERSHIP If To be effective, your stop-payment order must precisely identify the number, date and amount of the item, and the payee. You may stop payment on any item drawn on your account whether you sign the item or not, if you have not made any transactions over a period an equal or greater right to withdraw from this account than the person who signed the item. A release of nine (9) months and we have been unable to contact you, your account the stop-payment request may be classified made only by us as dormantthe person who initiated the stop-payment order. In accordance with each state law, unclaimed property and funds in abandoned accounts are remitted to Our stop- payment cutoff time is one hour after the custody opening of the next banking day after the banking day on which we received 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 this account to another account with us, if otherwise arranged for or permitted, may be made by the same persons and under the same conditions generally applicable state agency to withdrawals made in writing. Unless a different limitation is disclosed in writing, AMENDMENTS AND TERMINATION – We may change our bylaws and any term of this agreement. Rules governing changes in rates are provided separately. For other changes we will have no further liability give you reasonable notice in writing or by any other method permitted by law. We may close this account if your membership in the credit union terminates, or by giving reasonable notice to you for such fundsand tender of the account balance personally or by mail. Unclaimed property At our option, we may also include negotiable instruments that remain outstandingsuspend your rights to member services if you violate the terms of this agreement. You must apply keep us informed of your current address at all times. Notice from us to any one of you is notice to all of you. STATEMENTS – You must examine your statement of account with “reasonable promptness.” If you discover (or reasonably should have discovered) any unauthorized signatures or alterations, you must promptly notify us of the relevant facts. As between you and us, if you fail to do either of these duties, you will have to either share the loss with us, or bear the loss entirely yourself (depending on whether we used ordinary care and, if not, whether we substantially contributed to the appropriate state agency loss). The loss could be not only with respect to reclaim such fundsitems on the statement but other items with unauthorized signatures or alterations by the same wrongdoer. A dormant and/or escheatment fee may be assessed DIRECT DEPOSITS – If, in accordance connection with a direct deposit plan, we deposit any amount in an account which should have been returned to the Fee Schedule. We will give only provisional credit until collection is final Federal Government for any itemsreason, you authorize us to deduct the amount of our liability to the Federal Government from the account or from any other than cashaccount you have with us, we accept for deposit (including items drawn “on-us”). Before settlement of without prior notice and at any item becomes finaltime, we act only except as your agent, regardless of the form of endorsement or lack of endorsement on the item even though we may provide you provisional credit for the itemprohibited by law. We may reverse also use any provisional credit for items that are lost, stolen or returned. 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 are not responsible for transactions by mail or outside depository until we record them. Our general policy is other legal remedy to make funds from your cash and check deposits available to you no later than the first business day after the day of your deposit. In some cases we may place a hold on funds that are deposited by check. A hold results in a delay in the availability of these funds. When a hold is placed on a deposit you will receive notice of the hold and a date of funds availability. For ATM deposits, the hold notice may be found at the terminal. In some cases, you will get a hold notice by mail. You may avoid holds by using direct deposit or wire transfer. A check deposit may be returned unpaid after we have made the funds available to you. You, as account owner(s) are responsible for any items returned as unpaid for any reason. You are responsible for repayment of any returned item and any fees incurred. We may charge your account for recover the amount of our liability. TEMPORARY ACCOUNT AGREEMENT – If this option is selected, this is a temporary account agreement. Each person who signs in the check and fees even if doing so overdraws space designated for signatures on the account. While we generally choose to apply our Funds Availability Policy to deposits made to savings accounts signature card (including money market savings accounts), and to deposits made using a mobile device, note that our Funds Availability Policy does not apply to these deposits and we may delay availability of funds. YOUR ABILITY TO WITHDRAW FUNDS Cash deposits are available for withdrawal same business day. Deposits made by check are made available by the next business day, with exceptions per our hold policy. Our policy is to make funds from electronic direct deposits made through the automated clearing house (ACH) available to you in accordance with Nacha Operating Rules and Guidelines. Incoming wire transfers received prior except as indicated to the end of contrary) may transact business day may be available to you on the day of the deposit. Once funds are available, you may withdraw the funds in cash and we will use the funds to pay checks that you have written. For determining the availability of your deposits, every day is a business day, except Saturdays, Sundays, and Federal Holidays. If you make a deposit before our established cutoff time on a business day that we are open, we will consider that day to be the day of your depositthis account. However, if a deposit is made after our cutoff or on a day we are not open, we will consider the day of your deposit to be the next business day we are open. Our established cutoff may at some time is when a branch and/or department closes for business and may vary by location. The cutoff time for checks deposited at a Member One Federal Credit Union ATM is 8pm local time. LONGER DELAYS MAY APPLY In some cases, we will not make all of the funds deposited by check available to you by the first business day after the day of your deposit. Depending on the type of check that is deposited, funds may not be available for two to seven business days after the day of deposit. The first $225 of your deposit may be available no later than the first business day after the day of your deposit. We will generally notify you at the time of deposit if funds availability will be delayed. Notification will include when the funds will be made available. If your deposit is not made in a branch location, or if we decide to take this action after you have left the premises, we will mail you a notice by the next business day after we receive your deposit. In addition, funds you deposit by check may be delayed for a longer period under the following circumstances: • We believe a check you deposit will not be paid, • You deposit checks totaling more than $5,000 on any one day, • You redeposit a check that has been returned unpaid, • You have overdrawn your account repeatedly in the last 6 months, • There is an emergency, such as failure future restrict or prohibit further use of computer or communi- cations equipment. We will notify this account if you if we delay your ability fail to withdraw funds for any of these reasons, and we will tell you when comply with the funds will be available. They will generally be available no later than the seventh business day after the day of your deposit. This policy statement applies to all accounts. During the delay, you may not withdraw the funds in cash and we will not use the funds to pay checks that you have written. Please remember that even after requirements we have made funds available to you, and you have withdrawn the funds, you are still responsible for checks you deposit that are returned to us unpaid and for any other problems involving your depositimposed within a reasonable time.

Appears in 1 contract

Samples: Terms and Conditions

OWNERSHIP OF ACCOUNT AND BENEFICIARY DESIGNATION. BUSINESS ACCOUNTS The following are persons authorized (“Authorized Person(s)”) to establish and act on behalf of the These rules apply Individual Account Owner with respect to accounts held at the Credit Union: if the Account Owner is a sole proprietorship, the business owner and any person designated by the business owner; if the Account Owner is a partnership, each partner (or general partner in the case of a limited partnership) and any person designated by the partners; and/or if the Account Owner has any other form of organiza- tion or is an unincorporated organization or association, the individuals vested with the power to make decisions concerning the operation of the Account Owner must designate the persons authorized to establish accounts at the Credit Union and transact business on such accounts on behalf of the Account Owner. All Authorized Persons must be at least 18 years of age. Authorized Persons are vested with the authority to open and close the account on behalf of the Account Owner, and transact any business of any nature on such accounts including but not limited to the following: depositing, withdrawing and transferring funds into, out of and between one or more accounts; signing drafts, checks and other orders for payment or withdrawal; issuing instructions regarding orders for payment or withdrawal; endorsing any check, draft, share certificate and other instrument or order for payment owned or held by the Account Owner; and receiving information of any nature about the account. POWER OF ATTORNEY If you choose to appoint an agent to act on your behalf pursuant to a power of attorney (“POA”), we may rely on instructions provided by the agent and will have no liability or responsibility to verify the transac- tions. The POA must be properly executed, valid under Commonwealth of Virginia law and the form of appointment must be acceptable to us. We have the right to request further documentation or information if deemed necessary or appropriate. In accordance with the terms of the POA, the agent you designate to act on your behalf will be authorized to transact business on your account(s) pursuant to the terms of such POA. Notwithstanding the foregoing, we reserve the right to contact you as the principal under the POA, to verify your intent, prior to acting under the authority of the POA. You further agree that unless prohibited by law, we may refuse, with or without cause, to accept or otherwise act under a POA, which you grant to others. If we choose to accept the POA, you understand and agree that we may act under the terms of such POA and to the extent permitted by law, revocation of the POA will not become effective until we have received written notification thereof. You agree to indemnify and hold us harmless for any claims that may arise against us because of our reliance on a POA. We are not liable for any transactions by an agent for a deceased or incompetent account owner, unless we have written notice provided in accordance with applicable law that you, as the principal under the POA are deceased, have revoked the powers of the agent, or you are adjudicated totally or partially incapacitated by a court of competent jurisdiction, and we have had time to act on that notice. DEATH OF BUSINESS MEMBERS If the account is in the name of one person. Joint Account - With Survivorship (And Not as Tenants In Common) is an individual person account in the name of two or a business more persons. Each of you intend that is organized when you die the balance in the account (subject to any previous pledge to which we have agreed) will belong to the survivor(s). If two or more of you survive, you will own the balance in the account as a sole proprietorshipjoint tenants with survivorship and not as tenants in common. Recoverable Trust Account – If two or more of you create such an account, you own the account jointly with survivorship. Beneficiaries cannot withdraw unless: (1) all persons creating the account die, and no other authorized signers are on (2) the account we may continue to honor all transfer orders, withdrawals, deposits and other transactions on an account until we are notified of the Account Owner’s death. Once we are notified of an Account Owner’s death, we may, at our discretion, pay drafts or honor other payments or transfer orders authorized by the Account Ownerbeneficiary is then living. If additional authorized users two more beneficiaries are on named and survive the account at the time of death of all persons creating the owner we willaccount, at our discretionsuch beneficiaries will own this account in equal shares, restrict without right of survivorship. The person(s) creating this account type reserve the right to: (1) change beneficiaries, (2) change account until a determi- nation has been made by us as to who should legally be beneficiary types, and (3) withdraw all or part of the account funds at any time. BUSINESS ACCOUNTS – 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 anyone claiming the governing body of the legal entity opening the account to give us a deceased Account Owner’s account funds separate authorization telling us who is authorized to indemnify us for 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. STOP PAYMENTS – You must make any losses resulting from our honoring that claim. For all other business entities where all owners are deceased Member One FCU may seek legal counsel as to who should have legal access to funds stop-payment order in the account at the manner required by law and we must receive it in time of the last owner’s death. We reserve the right to restrict access to these accounts and may not honor transfer orders, withdrawals, deposits, and other transactions. This Agreement will be binding upon any heirs or legal representatives of any Account Owner that is an individual or organized as a sole proprietorship. You agree to notify give us promptly if any person with a right to withdraw funds from this account dies or becomes legally incompetent. We may continue to honor your checks, items, and instructions until: (a) we know of the death or incompetence, and (b) we have had a reasonable opportunity to act on that knowledgeit before our stop-payment cutoff time. DORMANT AND ABANDONED MEMBERSHIP If you have not made any transactions over a period of nine (9) months and we have been unable to contact youTo be effective, your stop-payment order must precisely identity the number, date and amount of the item, and the payee. TELEPHONE TRANSFERS – A telephone transfer of funds from this account to another account with us. If otherwise arranged for or permitted, may be classified made by us as dormantthe same persons and under the same conditions generally applicable to withdrawals made in writing. In accordance with each state 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 per month (less the number of "preauthorized transfers" during the month). Other account transfer restrictions may be described elsewhere. AMENDMENTS AND TERMINATION – We may change our bylaws and any term of this agreement. Rules governing changes in rates are provided separately. For other changes we will give you reasonable notice in writing or by any other method permitted by law. We may close this account if your membership in the credit union terminates, unclaimed property or by giving reasonable notice to you and funds in abandoned accounts are remitted to the custody tender of the applicable state agency and account balance personally or by mail. At our option, we will have no further liability may suspend your rights to member services if you for such funds. Unclaimed property may also include negotiable instruments that remain outstandingviolate the terms of this agreement. You must apply keep us informed of your current address at all times. Notice from us to the appropriate state agency any one of you is notice to reclaim such fundsall of you. A dormant and/or escheatment fee may be assessed in accordance STATEMENTS – You must examine your statement of account with the Fee Schedule"reasonable promptness". We will give only provisional credit until collection is final for If you discover (or reasonably should have discovered) any itemsunauthorized signatures or alterations, other than cash, we accept for deposit (including items drawn “on-us”). Before settlement of any item becomes final, we act only as your agent, regardless you must promptly notify us of the form of endorsement or lack of endorsement on the item even though we may provide relevant facts. As between you provisional credit for the item. We may reverse any provisional credit for items that are lostand us, stolen or returned. 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 are not responsible for transactions by mail or outside depository until we record them. Our general policy is if you fail to make funds from your cash and check deposits available to you no later than the first business day after the day of your deposit. In some cases we may place a hold on funds that are deposited by check. A hold results in a delay in the availability do either of these funds. When a hold is placed on a deposit you will receive notice of the hold and a date of funds availability. For ATM deposits, the hold notice may be found at the terminal. In some casesduties, you will get have to either share the loss with us, or bear the loss entirely yourself (depending on whether we used ordinary care and, if not, whether we substantially contributed to the loss.) The loss could not only be with respect to items on the statement but other items with unauthorized signatures or alterations by the same wrongdoer. ACCOUNT TRANSFER – This account may not be transferred or assigned without our prior written consent. DIRECT DEPOSITS - It, in connection with a hold notice by mail. You may avoid holds by using direct deposit or wire transfer. A check plan, we deposit may be any amount in an account which should have been returned unpaid after we have made to the funds available to you. You, as account owner(s) are responsible for any items returned as unpaid Federal Government for any reason. You are responsible for repayment of any returned item and any fees incurred. We may charge your account for , you authorize us to deduct the amount of our liability with us, without prior TEMPORARY ACCOUNT AGREEMENT – If this option is selected, this is a temporary account agreement. Each person who signs in the check and fees even if doing so overdraws space designated for signatures on the account. While we generally choose to apply our Funds Availability Policy to deposits made to savings accounts signature card (including money market savings accounts), and to deposits made using a mobile device, note that our Funds Availability Policy does not apply to these deposits and we may delay availability of funds. YOUR ABILITY TO WITHDRAW FUNDS Cash deposits are available for withdrawal same business day. Deposits made by check are made available by the next business day, with exceptions per our hold policy. Our policy is to make funds from electronic direct deposits made through the automated clearing house (ACH) available to you in accordance with Nacha Operating Rules and Guidelines. Incoming wire transfers received prior except as indicated to the end of contrary) may transact business day may be available to you on the day of the deposit. Once funds are available, you may withdraw the funds in cash and we will use the funds to pay checks that you have written. For determining the availability of your deposits, every day is a business day, except Saturdays, Sundays, and Federal Holidays. If you make a deposit before our established cutoff time on a business day that we are open, we will consider that day to be the day of your depositthis account. However, if a deposit is made after our cutoff or on a day we are not open, we will consider the day of your deposit to be the next business day we are open. Our established cutoff may at some time is when a branch and/or department closes for business and may vary by location. The cutoff time for checks deposited at a Member One Federal Credit Union ATM is 8pm local time. LONGER DELAYS MAY APPLY In some cases, we will not make all of the funds deposited by check available to you by the first business day after the day of your deposit. Depending on the type of check that is deposited, funds may not be available for two to seven business days after the day of deposit. The first $225 of your deposit may be available no later than the first business day after the day of your deposit. We will generally notify you at the time of deposit if funds availability will be delayed. Notification will include when the funds will be made available. If your deposit is not made in a branch location, or if we decide to take this action after you have left the premises, we will mail you a notice by the next business day after we receive your deposit. In addition, funds you deposit by check may be delayed for a longer period under the following circumstances: • We believe a check you deposit will not be paid, • You deposit checks totaling more than $5,000 on any one day, • You redeposit a check that has been returned unpaid, • You have overdrawn your account repeatedly in the last 6 months, • There is an emergency, such as failure future restrict or prohibit further use of computer or communi- cations equipment. We will notify this account if you if we delay your ability fail to withdraw funds for any of these reasons, and we will tell you when comply with the funds will be available. They will generally be available no later than the seventh business day after the day of your deposit. This policy statement applies to all accounts. During the delay, you may not withdraw the funds in cash and we will not use the funds to pay checks that you have written. Please remember that even after requirements we have made funds available to you, and you have withdrawn the funds, you are still responsible for checks you deposit that are returned to us unpaid and for any other problems involving your depositimposed within a reasonable time.

Appears in 1 contract

Samples: Terms and Conditions

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OWNERSHIP OF ACCOUNT AND BENEFICIARY DESIGNATION. BUSINESS ACCOUNTS The following are persons authorized (“Authorized Person(s)”) to establish and act on behalf of the These Individual Account Owner with respect to accounts held at the Credit Union: if the Account Owner is a sole proprietorship, the business owner and any person designated by the business owner; if the Account Owner is a partnership, each partner (or general partner in the case of a limited partnership) and any person designated by the partners; and/or if the Account Owner has any other form of organiza- tion or is an unincorporated organization or association, the individuals vested with the power to make decisions concerning the operation of the Account Owner must designate the persons authorized to establish accounts at the Credit Union and transact business on such accounts on behalf of the Account Owner. All Authorized Persons must be at least 18 years of age. Authorized Persons are vested with the authority to open and close the account on behalf of the Account Owner, and transact any business of any nature on such accounts including but not limited to the following: depositing, withdrawing and transferring funds into, out of and between one or more accounts; signing drafts, checks and other orders for payment or withdrawal; issuing instructions regarding orders for payment or withdrawal; endorsing any check, draft, share certificate and other instrument or order for payment owned or held by the Account Owner; and receiving information of any nature about the account. POWER OF ATTORNEY If you choose to appoint an agent to act on your behalf pursuant to a power of attorney (“POA”), we may rely on instructions provided by the agent and will have no liability or responsibility to verify the transac- tions. The POA must be properly executed, valid under Commonwealth of Virginia law and the form of appointment must be acceptable to us. We have the right to request further documentation or information if deemed necessary or appropriate. In accordance with the terms of the POA, the agent you designate to act on your behalf will be authorized to transact business on your account(s) pursuant to the terms of such POA. Notwithstanding the foregoing, we reserve the right to contact you as the principal under the POA, to verify your intent, prior to acting under the authority of the POA. You further agree that unless prohibited by law, we may refuse, with or without cause, to accept or otherwise act under a POA, which you grant to others. If we choose to accept the POA, you understand and agree that we may act under the terms of such POA and to the extent permitted by law, revocation of the POA will not become effective until we have received written notification thereof. You agree to indemnify and hold us harmless for any claims that may arise against us because of our reliance on a POA. We are not liable for any transactions by an agent for a deceased or incompetent account owner, unless we have written notice provided in accordance with applicable law that you, as the principal under the POA are deceased, have revoked the powers of the agent, or you are adjudicated totally or partially incapacitated by a court of competent jurisdiction, and we have had time to act on that notice. DEATH OF BUSINESS MEMBERS If the account is in the name of an individual person one person. Joint Account – No Survivorship (As Tenants In Common) – is owned by two or a business that is organized as a sole proprietorshipmore persons, but none of you intend (merely by opening this account) to create any right of survivorship in any other person. We encourage you to agree and tell us in writing of the percentage of the deposit contributed by each of you. This information will not, however, affect the “number of signatures” necessary for withdrawal. Revocable Trust or Pay-On-Death Account – If two or more of you create this type of account, you own the account jointly with survivorship. Beneficiaries cannot withdraw unless: (1) all persons creating the account die, and no other authorized signers are on (2) the account we may continue to honor all transfer orders, withdrawals, deposits and other transactions on an account until we are notified of the Account Owner’s death. Once we are notified of an Account Owner’s death, we may, at our discretion, pay drafts or honor other payments or transfer orders authorized by the Account Ownerbeneficiary is then living. If additional authorized users two or more beneficiaries are on named and survive the account at the time of death of all persons creating the owner we willaccount, at our discretionbeneficiaries will own this account in equal shares, restrict the without right of survivorship. The person(s) creating either of these account until a determi- nation has been made by us as to who should legally be beneficiary types may: (1) change beneficiaries, (2) change account types, and (3) withdraw all or part of the account funds at any time. BUSINESS ACCOUNTS – 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 anyone claiming the governing body of the legal entity opening the account to give us a deceased Account Owner’s account funds separate authorization telling us who is authorized to indemnify us for 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. STOP PAYMENTS – You must make any losses resulting from our honoring that claim. For all other business entities where all owners are deceased Member One FCU may seek legal counsel as to who should have legal access to funds stop-payment order in the account at the manner required by law and we must receive it in time of the last owner’s death. We reserve the right to restrict access to these accounts and may not honor transfer orders, withdrawals, deposits, and other transactions. This Agreement will be binding upon any heirs or legal representatives of any Account Owner that is an individual or organized as a sole proprietorship. You agree to notify give us promptly if any person with a right to withdraw funds from this account dies or becomes legally incompetent. We may continue to honor your checks, items, and instructions until: (a) we know of the death or incompetence, and (b) we have had a reasonable opportunity to act on that knowledgeit before our stop-payment cutoff time. DORMANT AND ABANDONED MEMBERSHIP If To be effective, your stop-payment order must precisely identify the number, date and amount of the item, and the payee. You may stop payment on any item drawn on your account whether you sign the item or not, if you have not made any transactions over a period of nine (9) months and we have been unable an equal or greater right to contact you, your withdraw from this account may be classified by us as dormant. In accordance with each state law, unclaimed property and funds in abandoned accounts are remitted to than the custody of the applicable state agency and we will have no further liability to you for such funds. Unclaimed property may also include negotiable instruments that remain outstanding. You must apply to the appropriate state agency to reclaim such funds. A dormant and/or escheatment fee may be assessed in accordance with the Fee Schedule. 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”). Before settlement of any item becomes final, we act only as your agent, regardless of the form of endorsement or lack of endorsement on the item even though we may provide you provisional credit for person who signed the item. We A release of the stop-payment request may reverse any provisional credit for items that are lost, stolen or returned. Actual credit for deposits of, or payable in, foreign currency will be at made only by the exchange rate in effect on final collection in U.S. dollars. We are not responsible for transactions by mail or outside depository until we record themperson who initiated the stop-payment order. Our general policy stop- payment cutoff time is to make funds from your cash and check deposits available to you no later than one hour after the first business opening of the next banking day after the banking day of your depositon which we received the item. In some cases Additional limitations on our obligation to stop payment are provided by law (e.g., we may place a hold on funds that are deposited by check. A hold results in a delay in paid the availability of these funds. When a hold is placed on a deposit you will receive notice of the hold and a date of funds availability. For ATM deposits, the hold notice may be found at the terminal. In some cases, you will get a hold notice by mail. You may avoid holds by using direct deposit or wire transfer. A check deposit may be returned unpaid after we have made the funds available to you. You, as account owner(s) are responsible for any items returned as unpaid for any reason. You are responsible for repayment of any returned item and any fees incurred. We may charge your account for the amount of the check and fees even if doing so overdraws the account. While we generally choose to apply our Funds Availability Policy to deposits made to savings accounts (including money market savings accounts), and to deposits made using a mobile device, note that our Funds Availability Policy does not apply to these deposits and we may delay availability of funds. YOUR ABILITY TO WITHDRAW FUNDS Cash deposits are available for withdrawal same business day. Deposits made by check are made available by the next business day, with exceptions per our hold policy. Our policy is to make funds from electronic direct deposits made through the automated clearing house (ACH) available to you in accordance with Nacha Operating Rules and Guidelines. Incoming wire transfers received prior to the end of business day may be available to you on the day of the deposit. Once funds are available, you may withdraw the funds in cash and or we will use certified the funds to pay checks that you have written. For determining the availability of your deposits, every day is a business day, except Saturdays, Sundays, and Federal Holidays. If you make a deposit before our established cutoff time on a business day that we are open, we will consider that day to be the day of your deposit. However, if a deposit is made after our cutoff or on a day we are not open, we will consider the day of your deposit to be the next business day we are open. Our established cutoff time is when a branch and/or department closes for business and may vary by location. The cutoff time for checks deposited at a Member One Federal Credit Union ATM is 8pm local time. LONGER DELAYS MAY APPLY In some cases, we will not make all of the funds deposited by check available to you by the first business day after the day of your deposit. Depending on the type of check that is deposited, funds may not be available for two to seven business days after the day of deposit. The first $225 of your deposit may be available no later than the first business day after the day of your deposit. We will generally notify you at the time of deposit if funds availability will be delayed. Notification will include when the funds will be made available. If your deposit is not made in a branch location, or if we decide to take this action after you have left the premises, we will mail you a notice by the next business day after we receive your deposit. In addition, funds you deposit by check may be delayed for a longer period under the following circumstances: • We believe a check you deposit will not be paid, • You deposit checks totaling more than $5,000 on any one day, • You redeposit a check that has been returned unpaid, • You have overdrawn your account repeatedly in the last 6 months, • There is an emergency, such as failure of computer or communi- cations equipment. We will notify you if we delay your ability to withdraw funds for any of these reasons, and we will tell you when the funds will be available. They will generally be available no later than the seventh business day after the day of your deposit. This policy statement applies to all accounts. During the delay, you may not withdraw the funds in cash and we will not use the funds to pay checks that you have written. Please remember that even after we have made funds available to you, and you have withdrawn the funds, you are still responsible for checks you deposit that are returned to us unpaid and for any other problems involving your deposititem).

Appears in 1 contract

Samples: Terms and Conditions

OWNERSHIP OF ACCOUNT AND BENEFICIARY DESIGNATION. BUSINESS ACCOUNTS The following are persons authorized (“Authorized Person(s)”) These rules apply to establish and act this account depending on behalf of the Account Owner with respect to accounts held at the Credit Union: if the Account Owner is a sole proprietorship, the business owner and any person designated by the business owner; if the Account Owner is a partnership, each partner (or general partner in the case of a limited partnership) and any person designated by the partners; and/or if the Account Owner has any other form of organiza- tion or is an unincorporated organization or association, the individuals vested with the power to make decisions concerning the operation of the Account Owner must designate the persons authorized to establish accounts at the Credit Union and transact business on such accounts on behalf of the Account Owner. All Authorized Persons must be at least 18 years of age. Authorized Persons are vested with the authority to open and close the account on behalf of the Account Owner, and transact any business of any nature on such accounts including but not limited to the following: depositing, withdrawing and transferring funds into, out of and between one or more accounts; signing drafts, checks and other orders for payment or withdrawal; issuing instructions regarding orders for payment or withdrawal; endorsing any check, draft, share certificate and other instrument or order for payment owned or held by the Account Owner; and receiving information of any nature about the account. POWER OF ATTORNEY If you choose to appoint an agent to act on your behalf pursuant to a power of attorney (“POA”), we may rely on instructions provided by the agent and will have no liability or responsibility to verify the transac- tions. The POA must be properly executed, valid under Commonwealth of Virginia law and the form of appointment must be acceptable to us. We have the right to request further documentation or information ownership and beneficiary designation, if deemed necessary or appropriate. In accordance with the terms of the POAany, the agent you designate to act on your behalf will be authorized to transact business on your account(s) pursuant to the terms of such POA. Notwithstanding the foregoing, we reserve the right to contact you as the principal under the POA, to verify your intent, prior to acting under the authority of the POA. You further agree that unless prohibited by law, we may refuse, with or without cause, to accept or otherwise act under a POA, which you grant to others. If we choose to accept the POA, you understand and agree that we may act under the terms of such POA and to the extent permitted by law, revocation of the POA will not become effective until we have received written notification thereof. You agree to indemnify and hold us harmless for any claims that may arise against us because of our reliance on a POA. We are not liable for any transactions by an agent for a deceased or incompetent account owner, unless we have written notice provided in accordance with applicable law that you, as the principal under the POA are deceased, have revoked the powers of the agent, or you are adjudicated totally or partially incapacitated by a court of competent jurisdiction, and we have had time to act on that notice. DEATH OF BUSINESS MEMBERS If the account is in the name of an individual person or a business that is organized as a sole proprietorship, and no other authorized signers are specified on the account we may continue to honor all transfer orders, withdrawals, deposits and other transactions on an account until we are notified of the Account Owner’s death. Once we are notified of an Account Owner’s death, we may, at our discretion, pay drafts or honor other payments or transfer orders authorized by the Account Owner. If additional authorized users are on the account at the time of death of the owner we will, at our discretion, restrict the account until a determi- nation has been made by us as to who should legally be beneficiary of the account funds. We may require anyone claiming a deceased Account Owner’s account funds to indemnify us for any losses resulting from our honoring that claim. For all other business entities where all owners are deceased Member One FCU may seek legal counsel as to who should have legal access to funds in the account at the time of the last owner’s deathrecords. We reserve the right to restrict access refuse some forms of ownership on any or all of our accounts. We make no representations as to these accounts the appropriateness or effect of the ownership and may not honor transfer ordersbeneficiary designations, withdrawalsexcept as they determine to whom we pay the account funds. Each joint account holder, depositswithout the consent of any other account holder, may, and herby is authorized by every other transactions. This Agreement will be binding upon joint account holder to make any heirs or legal representatives of any Account Owner that is an individual or organized as a sole proprietorship. You agree to notify us promptly if any person with a right transaction permitted under the agreement, including without limitation: to withdraw all or any part of the account funds; to pledge the account funds as collateral to us for any obligation, whether that of one or more account holders or of a third party; to endorse and deposit checks and other items payable to the account holder; to give stop payment orders on any check or item, whether drawn by that account holder or not; to consent to or revoke consent to payment of service charges on overdrafts that result from this account dies ATM transactions or becomes legally incompetentone-time debit card transactions under the overdraft protection policies. We may continue to honor your checks, items, accept orders and instructions until: (a) regarding the account from any joint account holder. If we know of believe there to be a dispute between joint account holders or we receive inconsistent instructions from the death account holders, we may suspend or incompetenceclose the account, and (b) we have had require a reasonable opportunity court order to act on and/or require that knowledge. DORMANT AND ABANDONED MEMBERSHIP If you have not made all joint account holders agree in writing to any transactions over a period of nine (9) months and we have been unable to contact you, your account may be classified by us as dormant. In accordance with each state law, unclaimed property and funds in abandoned accounts are remitted to the custody of the applicable state agency and we will have no further liability to you for such funds. Unclaimed property may also include negotiable instruments that remain outstanding. You must apply to the appropriate state agency to reclaim such funds. A dormant and/or escheatment fee may be assessed in accordance with the Fee Schedule. 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”). Before settlement of any item becomes final, we act only as your agent, regardless of the form of endorsement or lack of endorsement on the item even though we may provide you provisional credit for the item. We may reverse any provisional credit for items that are lost, stolen or returned. 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 are not responsible for transactions by mail or outside depository until we record them. Our general policy is to make funds from your cash and check deposits available to you no later than the first business day after the day of your deposit. In some cases we may place a hold on funds that are deposited by check. A hold results in a delay in the availability of these funds. When a hold is placed on a deposit you will receive notice of the hold and a date of funds availability. For ATM deposits, the hold notice may be found at the terminal. In some cases, you will get a hold notice by mail. You may avoid holds by using direct deposit or wire transfer. A check deposit may be returned unpaid after we have made the funds available to you. You, as account owner(s) are responsible for any items returned as unpaid for any reason. You are responsible for repayment of any returned item and any fees incurred. We may charge your account for the amount of the check and fees even if doing so overdraws transaction concerning the account. While we generally choose to apply our Funds Availability Policy to deposits made to savings accounts (Your obligations under this account are joint and several. This means that each joint account holder is fully and personally obligated under the terms of the agreement, including money market savings accounts)liability for overdrafts and debit balances as set forth above, and to deposits made using a mobile deviceirrespective of which joint account holder benefited from the withdrawal. Further, note that our Funds Availability Policy does not apply to these deposits and we may delay availability of funds. YOUR ABILITY TO WITHDRAW FUNDS Cash deposits are available for withdrawal same business day. Deposits made by check are made available by the next business day, with exceptions per our hold policy. Our policy account is to make funds from electronic direct deposits made through the automated clearing house (ACH) available to you in accordance with Nacha Operating Rules and Guidelines. Incoming wire transfers received prior subject to the end right of business day may setoff as set forth below. P.O.D. account is held by more than one person, each account holder will be available subject to you on the day rules pertaining to joint account ownership as set forth above. If there is more than one surviving P.O.D. payee, the respective interest of each shall be deemed equal. If there is no surviving P.O.D. payee upon the death of the deposit. Once funds are availablelast owner, you may withdraw the funds in cash and we the account will use belong to the funds to pay checks that you have written. For determining the availability of your deposits, every day is a business day, except Saturdays, Sundays, and Federal Holidays. If you make a deposit before our established cutoff time on a business day that we are open, we will consider that day to be the day of your deposit. However, if a deposit is made after our cutoff or on a day we are not open, we will consider the day of your deposit to be the next business day we are open. Our established cutoff time is when a branch and/or department closes for business and may vary by location. The cutoff time for checks deposited at a Member One Federal Credit Union ATM is 8pm local time. LONGER DELAYS MAY APPLY In some cases, we will not make all estate of the funds deposited by check available to you by last owner of the first business day after the day of your deposit. Depending on the type of check that is deposited, funds may not be available for two to seven business days after the day of deposit. The first $225 of your deposit may be available no later than the first business day after the day of your deposit. We will generally notify you at the time of deposit if funds availability will be delayed. Notification will include when the funds will be made available. If your deposit is not made in a branch location, or if we decide to take this action after you have left the premises, we will mail you a notice by the next business day after we receive your deposit. In addition, funds you deposit by check may be delayed for a longer period under the following circumstances: • We believe a check you deposit will not be paid, • You deposit checks totaling more than $5,000 on any one day, • You redeposit a check that has been returned unpaid, • You have overdrawn your account repeatedly in the last 6 months, • There is an emergency, such as failure of computer or communi- cations equipment. We will notify you if we delay your ability to withdraw funds for any of these reasons, and we will tell you when the funds will be available. They will generally be available no later than the seventh business day after the day of your deposit. This policy statement applies to all accounts. During the delay, you may not withdraw the funds in cash and we will not use the funds to pay checks that you have written. Please remember that even after we have made funds available to you, and you have withdrawn the funds, you are still responsible for checks you deposit that are returned to us unpaid and for any other problems involving your depositaccount.

Appears in 1 contract

Samples: Terms and Conditions of Account

OWNERSHIP OF ACCOUNT AND BENEFICIARY DESIGNATION. BUSINESS ACCOUNTS The following Ownership and survivorship features of Accounts, other than business Accounts, are persons authorized (“Authorized Person(s)”) to establish and act on behalf listed below. At the time of the Account Owner with respect to accounts held at the Credit Union: if the Account Owner is a sole proprietorshipopening, the business owner and any person designated by the business owner; if the Account Owner is a partnership, each partner (or general partner in the case of a limited partnership) and any person designated by the partners; and/or if the Account Owner has any other form of organiza- tion or is an unincorporated organization or association, the individuals vested with the power to make decisions concerning the operation of the Account Owner must you will designate the persons authorized to establish accounts at the Credit Union and transact business on such accounts on behalf of the Account Owner. All Authorized Persons must be at least 18 years of age. Authorized Persons are vested with the authority to open and close the account on behalf of the Account Owner, and transact any business of any nature on such accounts including but not limited to the following: depositing, withdrawing and transferring funds into, out of and between one or more accounts; signing drafts, checks and other orders for payment or withdrawal; issuing instructions regarding orders for payment or withdrawal; endorsing any check, draft, share certificate and other instrument or order for payment owned or held by the Account Owner; and receiving information of any nature about the account. POWER OF ATTORNEY If you choose to appoint an agent to act on your behalf pursuant to a power of attorney (“POA”), we may rely on instructions provided by the agent and will have no liability or responsibility to verify the transac- tions. The POA must be properly executed, valid under Commonwealth of Virginia law and the form of appointment must be acceptable to us. We have the right to request further documentation or information ownership and beneficiary, if deemed necessary or appropriate. In accordance with the terms of the POAany, the agent you designate to act on for your behalf will be authorized to transact business on your account(s) pursuant to the terms of such POA. Notwithstanding the foregoing, we reserve the right to contact you as the principal under the POA, to verify your intent, prior to acting under the authority of the POA. You further agree that unless prohibited by law, we may refuse, with or without cause, to accept or otherwise act under a POA, which you grant to others. If we choose to accept the POA, you understand and agree that we may act under the terms of such POA and to the extent permitted by law, revocation of the POA will not become effective until we have received written notification thereof. You agree to indemnify and hold us harmless for any claims that may arise against us because of our reliance on a POA. We are not liable for any transactions by an agent for a deceased or incompetent account owner, unless we have written notice provided in accordance with applicable law that you, as the principal under the POA are deceased, have revoked the powers of the agent, or you are adjudicated totally or partially incapacitated by a court of competent jurisdiction, and we have had time to act on that notice. DEATH OF BUSINESS MEMBERS If the account is in the name of an individual person or a business that is organized as a sole proprietorship, and no other authorized signers are on the account we may continue to honor all transfer orders, withdrawals, deposits and other transactions on an account until we are notified of the Account Owner’s death. Once we are notified of an Account Owner’s death, we may, at our discretion, pay drafts or honor other payments or transfer orders authorized by the Account Owner. If additional authorized users are on the account at the time of death of the owner we will, at our discretion, restrict the account until a determi- nation has been made by us as to who should legally be beneficiary of the account funds. We may require anyone claiming a deceased Account Owner’s account funds to indemnify us for any losses resulting from our honoring that claim. For all other business entities where all owners are deceased Member One FCU may seek legal counsel as to who should have legal access to funds in the account at the time of the last owner’s deathAccount. We reserve the right to restrict access refuse some forms of ownership on any Accounts. The Credit Union uses the ownership and beneficiary designation to determine to whom we pay or release Account funds. We may act on the oral or written instructions of any one Account owner or authorized signer on the Account. In all cases, our release of Account funds is subject to any previous pledge to which we have agreed. We make no representations as to the appropriateness or effect of these accounts designations. The Credit Union requires appropriate documentation before releasing any funds to any estate, beneficiary or representative. An individual Account is an account in the name of one person. If the Accountholder dies, the balance in the Account belongs to his or her estate. (And Not as Tenants in Common) An Account with more than one Accountholder may be established as a joint tenancy with right of survivorship, and not as tenants in common. The Credit Union may act upon the direction of one or more Accountholders and may not honor transfer orders, withdrawals, deposits, pay funds to any Accountholder. Each of you may deposit to and other transactionswithdraw from the Account. This Agreement will Any action by any Accountholder shall be binding upon all Accountholders, and each Accountholder agrees to release the Credit Union from all liability in connection with any heirs payments the Credit Union makes to any joint Accountholder. If a joint Accountholder dies, the balance in the Account passes to the surviving joint Accountholder(s) as joint tenants with right of survivorship and not as tenants in common. (As Tenants in Common) Tenancy in Common Accounts may be established by two or more persons, but none of you intend (merely by opening this Account) to create any right of survivorship in any other person. Each Accountholder owns an equal share of the Account unless you advise us in writing to the contrary. We encourage you to agree and tell us in writing of the percentage of the deposit contributed by each of you. This information will not, however, affect the “number of signatures” necessary for withdrawal. Each Accountholder authorizes the Credit Union to accept for deposit to this Account items payable to one or more of the Accountholders, whether or not such items bear their endorsement. The signatures of all Accountholders, or their legal representatives of any Account Owner that is an individual or organized as a sole proprietorship. You agree to notify us promptly if any person with a right representatives, are required to withdraw funds from this account dies or becomes legally incompetenta tenancy in common Account. We may continue to honor your checksIf an Accountholder dies, items, and instructions until: (a) we know the Accountholder’s share of the death Account belongs to his or incompetence, and (b) we have had a reasonable opportunity to act on that knowledge. DORMANT AND ABANDONED MEMBERSHIP If you have not made any transactions over a period of nine (9) months and we have been unable to contact you, your account may be classified by us as dormant. In accordance with each state law, unclaimed property and funds in abandoned accounts are remitted to the custody of the applicable state agency and we will have no further liability to you for such funds. Unclaimed property may also include negotiable instruments that remain outstanding. You must apply to the appropriate state agency to reclaim such funds. A dormant and/or escheatment fee may be assessed in accordance with the Fee Schedule. 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”). Before settlement of any item becomes final, we act only as your agent, regardless of the form of endorsement or lack of endorsement on the item even though we may provide you provisional credit for the item. We may reverse any provisional credit for items that are lost, stolen or returned. 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 are not responsible for transactions by mail or outside depository until we record them. Our general policy is to make funds from your cash and check deposits available to you no later than the first business day after the day of your deposit. In some cases we may place a hold on funds that are deposited by check. A hold results in a delay in the availability of these funds. When a hold is placed on a deposit you will receive notice of the hold and a date of funds availability. For ATM deposits, the hold notice may be found at the terminal. In some cases, you will get a hold notice by mail. You may avoid holds by using direct deposit or wire transfer. A check deposit may be returned unpaid after we have made the funds available to you. You, as account owner(s) are responsible for any items returned as unpaid for any reason. You are responsible for repayment of any returned item and any fees incurred. We may charge your account for the amount of the check and fees even if doing so overdraws the account. While we generally choose to apply our Funds Availability Policy to deposits made to savings accounts (including money market savings accounts), and to deposits made using a mobile device, note that our Funds Availability Policy does not apply to these deposits and we may delay availability of funds. YOUR ABILITY TO WITHDRAW FUNDS Cash deposits are available for withdrawal same business day. Deposits made by check are made available by the next business day, with exceptions per our hold policy. Our policy is to make funds from electronic direct deposits made through the automated clearing house (ACH) available to you in accordance with Nacha Operating Rules and Guidelines. Incoming wire transfers received prior to the end of business day may be available to you on the day of the deposit. Once funds are available, you may withdraw the funds in cash and we will use the funds to pay checks that you have written. For determining the availability of your deposits, every day is a business day, except Saturdays, Sundays, and Federal Holidays. If you make a deposit before our established cutoff time on a business day that we are open, we will consider that day to be the day of your deposit. However, if a deposit is made after our cutoff or on a day we are not open, we will consider the day of your deposit to be the next business day we are open. Our established cutoff time is when a branch and/or department closes for business and may vary by location. The cutoff time for checks deposited at a Member One Federal Credit Union ATM is 8pm local time. LONGER DELAYS MAY APPLY In some cases, we will not make all of the funds deposited by check available to you by the first business day after the day of your deposit. Depending on the type of check that is deposited, funds may not be available for two to seven business days after the day of deposit. The first $225 of your deposit may be available no later than the first business day after the day of your deposit. We will generally notify you at the time of deposit if funds availability will be delayed. Notification will include when the funds will be made available. If your deposit is not made in a branch location, or if we decide to take this action after you have left the premises, we will mail you a notice by the next business day after we receive your deposit. In addition, funds you deposit by check may be delayed for a longer period under the following circumstances: • We believe a check you deposit will not be paid, • You deposit checks totaling more than $5,000 on any one day, • You redeposit a check that has been returned unpaid, • You have overdrawn your account repeatedly in the last 6 months, • There is an emergency, such as failure of computer or communi- cations equipment. We will notify you if we delay your ability to withdraw funds for any of these reasons, and we will tell you when the funds will be available. They will generally be available no later than the seventh business day after the day of your deposit. This policy statement applies to all accounts. During the delay, you may not withdraw the funds in cash and we will not use the funds to pay checks that you have written. Please remember that even after we have made funds available to you, and you have withdrawn the funds, you are still responsible for checks you deposit that are returned to us unpaid and for any other problems involving your deposither estate.

Appears in 1 contract

Samples: Important Account Information Agreement

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