Common use of Right to Set Off Clause in Contracts

Right to Set Off. Or Close Account(s): You each agree that we may, without prior notice and when permitted by law, set off the funds in the account against any due and payable debt owed to us now or in the future, by you or any joint owners on the account. The right of set-off and our impressed lien does not extend to any Xxxxx, XXX or similar tax deferred deposit you may have with us. Our right of set-off extends to any amount owed to us by any of the account owners, and supersedes any claim that might be made by your heirs, estate representatives and account beneficiaries. The credit union may close an account at any time if the account is overdrawn or the collected funds balance of the account does not exceed zero. Inactive or Dormant Accounts: Inactive Accounts (Accounts with no withdrawals or deposits within a one-year period) may be subject to an Inactive Account Fee. We have no liability if your Account becomes dormant and is therefore subject to escheatment in accordance with state and/or federal law. Checking Accounts that have had no activity in a one-year period may be closed without notice in order to prevent fraud. Inactive Checking Accounts can be subject to fraudulent activity. To protect you and the credit union from possible losses, we may, at our discretion close an inactive Checking Account. Funds, if any remaining in the Checking Account, will be transferred to the Prime Share Classic Savings and the Checking Account will be closed. Inactive IRA Passbook Accounts with no withdrawals or deposits within a one-year period will be subject to an Inactive Account Fee. Refer to the Fee Schedule. Traditional IRA owners over 70 ½ who waive their Required Mandatory Distribution (RMD) will be subject to escheatment if there is no distribution 3 years following the date of your required distribution. Unclaimed Property: Michigan law establishes procedures under which inactive/unclaimed property must be escheated (surrendered) to the state. Funds in an account are considered unclaimed if you have not had any activity or communication with us regarding your account over a period of three (3) years* based on the type of account and or product. Traditional IRA owners over 70 ½ who waive their Required Mandatory Distribution (RMD) will be subject to escheatment if there is no distribution 3 years following the date of your required distribution. *Applies to residents of Michigan. Inactivity period in other States that have Unclaimed Property Laws may vary.

Appears in 4 contracts

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

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Right to Set Off. Or Close Account(s): You each agree The law provides that we maymay take funds on deposit in your account to satisfy a debt you owe us which is not paid when due. This is called the right of set-off. If we exercise this right of set-off, without prior notice we shall comply with all applicable laws and when permitted by law, set off regulations and we will notify you promptly of the funds action taken. All sums in the a deposit account against any due and payable debt owed are subject to us now or in the future, by you or any joint owners on the account. The our right of set-off and our impressed lien does not liabilities owed to us by any or all of the account holders, to the fullest extent permitted by law. You expressly agree that such rights extend to any XxxxxFederal or State benefit payments (including without limitation to Social Security benefit) electronically deposited into your account. You understand and agree that if you do not want your benefits applied in this way, XXX or similar tax deferred deposit you may have with uschange your direct deposit instructions to the benefits payor at any time. Our If your account is a joint account and one or more joint owners are indebted to us in any manner, we may use the funds in the joint account to pay the debt without prior notice to you. This right of set-off extends does not apply if the debt is created under IRA or tax-qualified retirement accounts, consumer credit card plan or your right to withdraw funds from the account arises only in a representative capacity. You also acknowledge and agree that any amount owed federal benefits or other payments deposited to your account after a date of ineligibility must be returned to the Federal Government or other payor, as applicable, and we may set-off against any of your accounts in order to recover any ineligible benefits or payments you may have received if we are obligated to return funds to the payor. If we make a set-off against your account, you agree to release and indemnify us from all liability for our actions. If you or any joint owner draws a check or otherwise authorized withdrawals not presented for payment until after the drawer’s death, or if any joint owner is indebted to us by any at the time of his or her death, we are authorized to pay such checks and withdrawals and exercise our right of set-off against the account ownersafter such joint owner’s death, and supersedes notwithstanding any claim rights that might be made by your heirsa surviving joint owner, estate representatives and a POD payee or a beneficiary of an ITF or “trustee for” account beneficiariesmay have to funds in the account. The credit union may close If we exercise our right of set-off against an account at any time if the account that is overdrawn or the collected funds balance of the account does not exceed zero. Inactive or Dormant Accounts: Inactive Accounts (Accounts with no withdrawals or deposits within a one-year period) may be subject to an Inactive Account Fee. We have no liability if your Account becomes dormant and is therefore subject to escheatment in accordance with state and/or federal law. Checking Accounts that have had no activity in a one-year period may be closed without notice in order to prevent fraud. Inactive Checking Accounts can be subject to fraudulent activity. To protect you and early withdrawal penalty, the credit union from possible losses, we may, at our discretion close an inactive Checking Account. Funds, if any remaining in the Checking Account, account will be transferred to assessed the Prime Share Classic Savings and the Checking Account will be closed. Inactive IRA Passbook Accounts with no withdrawals or deposits within a one-year period will be subject to an Inactive Account Fee. Refer to the Fee Schedule. Traditional IRA owners over 70 ½ who waive their Required Mandatory Distribution (RMD) will be subject to escheatment if there is no distribution 3 years following the date of your required distribution. Unclaimed Property: Michigan law establishes procedures under which inactive/unclaimed property must be escheated (surrendered) to the state. Funds in an account are considered unclaimed if you have not had any activity or communication with us regarding your account over a period of three (3) years* based on the type of account and or product. Traditional IRA owners over 70 ½ who waive their Required Mandatory Distribution (RMD) will be subject to escheatment if there is no distribution 3 years following the date of your required distribution. *Applies to residents of Michigan. Inactivity period in other States that have Unclaimed Property Laws may varyapplicable early withdrawal penalty.

Appears in 3 contracts

Samples: kor.newbankusa.com, kor.newbankusa.com, www.banknorwegianonlne.com

Right to Set Off. Or Close Account(s): You each agree The law provides that we maymay take funds on deposit in your account to satisfy a debt you owe us which is not paid when due. This is called the right of set-off. If we exercise this right of set-off, without prior notice we shall comply with all applicable laws and when permitted by law, set off regulations and we will notify you promptly of the funds action taken. All sums in the a deposit account against any due and payable debt owed are subject to us now or in the future, by you or any joint owners on the account. The our right of set-off liabilities owed to us by any or all of the account holders, to the fullest extent permitted by law. If your account is a joint account and our impressed lien does not extend one or more joint owners are indebted to us in any Xxxxxmanner, XXX or similar tax deferred deposit you we may have with ususe the funds in the joint account to pay the debt without prior notice to you. Our This right of set-off extends does not apply if the debt is created under IRA or tax-qualified retirement accounts, consumer credit card plan or your right to withdraw funds from the account arises only in a representative capacity. You also acknowledge and agree that any amount owed federal benefits or other payments deposited to your account after a date of ineligibility must be returned to the Federal Government or other payor, as applicable, and we may set-off against any of your accounts in order to recover any ineligible benefits or payments you may have received if we are obligated to return funds to the payor. If we make a set-off against your account, you agree to release and indemnify us from all liability for our actions. If you or any joint owner draws a check or otherwise authorized withdrawals not presented for payment until after the drawer’s death, or if any joint owner is indebted to us by any at the time of his or her death, we are authorized to pay such checks and withdrawals and exercise our right of set-off against the account ownersafter such joint owner’s death, and supersedes notwithstanding any claim rights that might be made by your heirsa surviving joint owner, estate representatives and a POD payee or a beneficiary of an ITF or “trustee for” account beneficiariesmay have to funds in the account. The credit union may close If we exercise o ur right of set-off against an account at any time if the account that is overdrawn or the collected funds balance of the account does not exceed zero. Inactive or Dormant Accounts: Inactive Accounts (Accounts with no withdrawals or deposits within a one-year period) may be subject to an Inactive Account Fee. We have no liability if your Account becomes dormant and is therefore subject to escheatment in accordance with state and/or federal law. Checking Accounts that have had no activity in a one-year period may be closed without notice in order to prevent fraud. Inactive Checking Accounts can be subject to fraudulent activity. To protect you and early withdrawal penalty, the credit union from possible losses, we may, at our discretion close an inactive Checking Account. Funds, if any remaining in the Checking Account, account will be transferred to assessed the Prime Share Classic Savings and the Checking Account will be closed. Inactive IRA Passbook Accounts with no withdrawals or deposits within a one-year period will be subject to an Inactive Account Fee. Refer to the Fee Schedule. Traditional IRA owners over 70 ½ who waive their Required Mandatory Distribution (RMD) will be subject to escheatment if there is no distribution 3 years following the date of your required distribution. Unclaimed Property: Michigan law establishes procedures under which inactive/unclaimed property must be escheated (surrendered) to the state. Funds in an account are considered unclaimed if you have not had any activity or communication with us regarding your account over a period of three (3) years* based on the type of account and or product. Traditional IRA owners over 70 ½ who waive their Required Mandatory Distribution (RMD) will be subject to escheatment if there is no distribution 3 years following the date of your required distribution. *Applies to residents of Michigan. Inactivity period in other States that have Unclaimed Property Laws may varyapplicable early withdrawal penalty.

Appears in 1 contract

Samples: shbamerica.com

Right to Set Off. Or Close Account(s): You each agree The law provides that we maymay take funds on deposit in your account to satisfy a debt you owe us which is not paid when due. This is called the right of set-off. If we exercise this right of set-off, without prior notice we shall comply with all applicable laws and when permitted by law, set off regulations and we will notify you promptly of the funds action taken. All sums in the a deposit account against any due and payable debt owed are subject to us now or in the future, by you or any joint owners on the account. The our right of set-off liabilities owed to us by any or all of the account holders, to the fullest extent permitted by law. If your account is a joint account and our impressed lien does not extend one or more joint owners are indebted to us in any Xxxxxmanner, XXX or similar tax deferred deposit you we may have with ususe the funds in the joint account to pay the debt without prior notice to you. Our This right of set-off extends does not apply if the debt is created under IRA or tax-qualified retirement accounts, consumer credit card plan or your right to withdraw funds from the account arises only in a representative capacity. You also acknowledge and agree that any amount owed federal benefits or other payments deposited to your account after a date of ineligibility must be returned to the Federal Government or other payor, as applicable, and we may set-off against any of your accounts in order to recover any ineligible benefits or payments you may have received if we are obligated to return funds to the payor. If we make a set-off against your account, you agree to release and indemnify us from all liability for our actions. If you or any joint owner draws a check or otherwise authorized withdrawals not presented for payment until after the drawer’s death, or if any joint owner is indebted to us by any at the time of his or her death, we are authorized to pay such checks and withdrawals and exercise our right of set-off against the account ownersafter such joint owner’s death, and supersedes notwithstanding any claim rights that might be made by your heirsa surviving joint owner, estate representatives and a POD payee or a beneficiary of an ITF or “trustee for” account beneficiariesmay have to funds in the account. The credit union may close If we exercise our right of set-off against an account at any time if the account that is overdrawn or the collected funds balance of the account does not exceed zero. Inactive or Dormant Accounts: Inactive Accounts (Accounts with no withdrawals or deposits within a one-year period) may be subject to an Inactive Account Fee. We have no liability if your Account becomes dormant and is therefore subject to escheatment in accordance with state and/or federal law. Checking Accounts that have had no activity in a one-year period may be closed without notice in order to prevent fraud. Inactive Checking Accounts can be subject to fraudulent activity. To protect you and early withdrawal penalty, the credit union from possible losses, we may, at our discretion close an inactive Checking Account. Funds, if any remaining in the Checking Account, account will be transferred to assessed the Prime Share Classic Savings and the Checking Account will be closed. Inactive IRA Passbook Accounts with no withdrawals or deposits within a one-year period will be subject to an Inactive Account Fee. Refer to the Fee Schedule. Traditional IRA owners over 70 ½ who waive their Required Mandatory Distribution (RMD) will be subject to escheatment if there is no distribution 3 years following the date of your required distribution. Unclaimed Property: Michigan law establishes procedures under which inactive/unclaimed property must be escheated (surrendered) to the state. Funds in an account are considered unclaimed if you have not had any activity or communication with us regarding your account over a period of three (3) years* based on the type of account and or product. Traditional IRA owners over 70 ½ who waive their Required Mandatory Distribution (RMD) will be subject to escheatment if there is no distribution 3 years following the date of your required distribution. *Applies to residents of Michigan. Inactivity period in other States that have Unclaimed Property Laws may varyapplicable early withdrawal penalty.

Appears in 1 contract

Samples: www.shbamerica.com

Right to Set Off. Or Close Account(s): You each agree We have the right to set-off any liability, direct or contingent, past, present or future that we mayyou owe against any account you have with us. Further, without prior notice you grant us a lien on and when permitted by law, set off security interest in the funds on deposit in the account against any due each of your account(s) as security for all of your liabilities and payable debt owed obligations to us us, now or in the future. We will notify you if we have exercised our right to set off. Legal Processes Affecting Savings Accounts If legal action such as a garnishment, by you levy or any joint owners on other state of federal legal process ("Legal Process") is brought against the accountSavings Account, we may refuse to permit (or may limit) transfers from it until the Legal Process is satisfied or dismissed. The right Regardless of set-off and our impressed lien does not extend the terms of such garnishment, levy or other state or federal process, we have first claim to any Xxxxxand all funds in your Savings Account. We will not contest on your behalf any such Legal Process and may take action to comply with such Legal Process as we determine to be appropriate in the circumstances without liability to you, XXX even if any funds we may be required to pay out leaves insufficient funds for a transfer you have authorized. Payment is made after satisfying any fees, charges or similar tax deferred deposit you may have with other debts owed to us. Our right of set-off extends You agree that you are responsible for any expenses, including legal expenses and fees we incur due to any amount owed Legal Process affecting your Savings Account. We may charge these expenses to your Savings Account. You will indemnify us by for any losses if we do this. Account Inactivity and Escheatment For purposes of this paragraph, customer-initiated activity includes any Online Transfers you make to or from the account ownersSavings Account. Additionally, and supersedes any claim a Savings Account that might be made by your heirs, estate representatives and account beneficiaries. The credit union may close an account at any is inactive for a period of time if the account is overdrawn or the collected funds balance of the account does not exceed zero. Inactive or Dormant Accounts: Inactive Accounts (Accounts with no withdrawals or deposits within a one-year period) may be subject to an Inactive Account Fee. We have no liability if your Account becomes considered dormant and is therefore subject to escheatment escheatment. Each state has varying laws as to when an account is subject to escheatment, and we may be required to send the balance in accordance your Account to the state of your last known address. Consent to Use Electronic Signatures and Communications and Statements Your Consent. To the fullest extent permitted by law, this Agreement, account statements, notices and other communications (collectively, “Communications”) from us to you regarding your account(s) and related services with state us may be provided to you electronically, and you consent and agree to receive those communications in an electronic form. Electronic Communications may be posted on the pages within the Platform website, Mobile App and/or federal delivered to your email address. You may print a paper copy of or download any electronic Communication and retain it for your records. All Communications in electronic format will be considered to be “in writing,” and to have been received on the day of posting, whether or not you have received or retrieved the Communication. We reserve the right to provide Communications in paper format. Your consent to receive Communications electronically is valid until you revoke your consent by notifying us of your decision to do so. If you revoke your consent to receive Communications electronically, we will terminate your Savings Account and transfer all funds in the Savings Account to the Platform Account, and you accept sole liability for resulting from an involuntary termination of your Savings Account(s) and related services, to the extent permitted by law. Checking Accounts Except as expressly provided otherwise in this Agreement, we will mail, send electronically, or otherwise make Communications available to you. Please review promptly all Communications we deliver or make available to you. If Communications are mailed to you, they will be delivered to you at the postal address shown in our records. If Communications are sent to you electronically, they will be delivered to you at the email address shown in our records or otherwise made available to you on the Platform website and/or Mobile App. However, we retain printable versions of your account statements for seven (7) years, or longer periods as may be required by applicable law. You agree to give Platform notice of any change of your postal or email address. Statements Statements will be available on the Mobile App, and Platform will send you notification that a statement is available. Platform will use email address in effect on the Platform. The Savings Account statement will describe each item by amount, and date of debit or credit. If we comply with the foregoing provisions of this Section, you agree that the statement and items all have had no activity been made available to you in a one-year period reasonable manner. We will not be responsible for any indirect, special or consequential damages under any circumstances. Electronic statements are available to view and print on the Mobile App. Savings Account statements are considered to be correct. Carefully review your statement each statement cycle and notify us of any errors within sixty (60) days of your statement becoming available. Special Rules for New Savings Accounts Savings Accounts open less than thirty (30) days may be closed without notice limited in order functionality. Funds credits to prevent fraudyour Account may be given provisionally for a reasonable amount of time. Inactive Checking Accounts can Additionally, certain transfer limits may be subject lower during this time as indicated in the following Sections, "Account Funding," “Account Withdrawals and Transfers,” and "ELECTRONIC FUNDS TRANSFER DISCLOSURE AND SPECIAL TERMS AND CONDITIONS". Illegal Transactions You may not use your Savings Account for online gambling, any illegal transaction or for car rental transactions. We may refuse to fraudulent activityprocess any transaction that we believe may violate the terms of this Agreement or applicable law. You acknowledge and agree that we have no obligation to monitor, to review or to evaluate the legality of your transactions. To protect the fullest extent permitted by law, you and the credit union from possible lossesagree to pay for any transaction that you authorized, we may, at our discretion close an inactive Checking Account. Funds, even if any remaining in the Checking Account, will that transaction is determined to be transferred to the Prime Share Classic Savings and the Checking Account will be closed. Inactive IRA Passbook Accounts with no withdrawals or deposits within a one-year period will be subject to an Inactive Account Fee. Refer to the Fee Schedule. Traditional IRA owners over 70 ½ who waive their Required Mandatory Distribution (RMD) will be subject to escheatment if there is no distribution 3 years following the date of your required distribution. Unclaimed Property: Michigan law establishes procedures under which inactive/unclaimed property must be escheated (surrendered) to the state. Funds in an account are considered unclaimed if you have not had any activity or communication with us regarding your account over a period of three (3) years* based on the type of account and or product. Traditional IRA owners over 70 ½ who waive their Required Mandatory Distribution (RMD) will be subject to escheatment if there is no distribution 3 years following the date of your required distribution. *Applies to residents of Michigan. Inactivity period in other States that have Unclaimed Property Laws may varyillegal.

Appears in 1 contract

Samples: Consumer Savings Account Agreement

Right to Set Off. Or Close Account(s): You each agree that we The Firm may, without prior notice and when to the maximum extent permitted by lawapplicable law (including Section 409A of the Code to the extent it is applicable to you), set off retain for itself funds or the funds in shares of Common Stock resulting from any vesting of this award to satisfy any obligation or debt that you owe to the Firm. Notwithstanding any account against any due and payable debt owed agreement with the Firm to us now the contrary, the Firm will not recoup or in the future, by you or any joint owners on the account. The right of set-off and our impressed lien does not extend to any Xxxxx, XXX or similar tax deferred deposit you may have with us. Our right of set-off extends to recover any amount owed from any funds or unrestricted securities held in your name and maintained at the Firm pursuant to us such account agreement to satisfy any obligation or debt or obligation owed by any you under this award without your consent. This restriction on the Firm does not apply to accounts described and authorized in “No Ownership Rights” described xxxxx.Xx Ownership Rights: PSUs (including Reinvested Dividend Equivalent Share Units) do not convey the rights of the account owners, ownership of Common Stock and supersedes any claim that might do not carry voting rights. No distribution will be made by to you until after the number PSUs (including Reinvested Dividend Equivalent Share Units) have been determined, if any, have vested and any applicable restrictions (other than Holding Requirement) have lapsed. Shares will be issued in accordance with JPMorgan Chase’s procedures for issuing stock. By accepting this award, you authorize the Firm, in its discretion, to establish on your heirsbehalf a brokerage account in your name with the Firm or book-entry account with our stock administrator and/or transfer agent and deliver to that account any vested shares derived from the award.With respect to any applicable vesting date, estate representatives and account beneficiariesJPMorgan Chase may impose for any reason, as of such vesting date for such period as it may specify in its sole discretion, such restrictions on the Common Stock to be issued to you as it may deem appropriate, including, but not limited to, restricting the sale, transfer, pledge, assignment or encumbrance of such shares of Common Stock. The credit union may close an account at By accepting this award, you acknowledge that during such specified period should there be a determination that the cancellation or recovery provisions of this Award apply, then you agree that any time if shares subject to such restrictions (notwithstanding the account is overdrawn or limitation set forth in the collected funds balance of the account does not exceed zero. Inactive or Dormant Accounts: Inactive Accounts (Accounts with no withdrawals or deposits within a one-year periodRight to Set Off section above) may be subject to an Inactive Account Feecancelled in whole or part. We have no liability if your Account becomes dormant . (See sections captioned “Protection-Based Vesting,” “Qualitative Performance Factor,” “Bonus Recoupment,” “Recapture Provisions,” “Termination of Employment” and is therefore subject to escheatment in accordance with state and/or federal law. Checking Accounts that have had no activity in a one-year period may be closed without notice in order to prevent fraud. Inactive Checking Accounts can be subject to fraudulent activity. To protect you and “Remedies”, as well as the credit union from possible losses, we may, at our discretion close an inactive Checking Account. Funds, if any remaining in the Checking Account, will be transferred to the Prime Share Classic Savings and the Checking Account will be closed. Inactive IRA Passbook Accounts with no withdrawals or deposits within a one-year period will be subject to an Inactive Account Fee. Refer to the Fee Schedule. Traditional IRA owners over 70 ½ who waive their Required Mandatory Distribution (RMD) will be subject to escheatment if there is no distribution 3 years following the date subsection captioned “-Amendment” permitting suspension of your required distribution. Unclaimed Property: Michigan law establishes procedures under which inactive/unclaimed property must be escheated (surrendered) to the state. Funds in an account are considered unclaimed if you have not had any activity or communication with us regarding your account over a period of three (3) years* based on the type of account and or product. Traditional IRA owners over 70 ½ who waive their Required Mandatory Distribution (RMD) will be subject to escheatment if there is no distribution 3 years following the date of your required distribution. *Applies to residents of Michigan. Inactivity period in other States that have Unclaimed Property Laws may varyvesting.

Appears in 1 contract

Samples: Award Agreement (Jpmorgan Chase & Co)

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Right to Set Off. Or Close Account(s): You each agree that we mayWe have a legal right to use the money in any of your accounts or any of your other assets with us to pay your debts to us. In addition to this legal right, you give us and our affiliates the contractual right to apply, without demand or prior notice notice, all or part of the property (including money, certificates of deposit, securities and other investment property, financial assets, etc.) in your accounts with us or any affiliate, against any debt you owe us or our affiliates. This is called “setoff.” This section explains our legal and contractual rights of setoff. If you ever owe us or any of our affiliates any money as a borrower, guarantor, depositor or otherwise, and such amount becomes due to us or our affiliates, or if we reasonably believe that the amount may be owed to us or our affiliates (even if it is ultimately determined that the amount is not owed), we have the right under law and under this Agreement to pay the debt by using the money from any of your accounts or other assets with us or our affiliates. The only exceptions are that this right of setoff does not apply (a) to funds in a Traditional or Xxxx XXX or other tax-deferred retirement account, (b) when permitted by lawthe debtor’s right of withdrawal from the account or access to another asset held with us only arises in a representative capacity, or (c) to a credit card holder’s indebtedness arising from a consumer credit transaction. We will notify you if we have exercised our right to set off off. We may setoff the funds in the account your accounts or other assets with us against any due and payable debt owed to us now or in the future, future by any of you or any joint owners on the account. The right of set-off and our impressed lien does not extend to any Xxxxx, XXX or similar tax deferred deposit you may have with us. Our right of set-off extends to any amount owed to us by (any of the account or asset owners) having the right of withdrawal in the accounts or right to the asset, and supersedes any claim that might be made by to the extent of such person’s or legal entity’s right to withdraw or obtain the asset. We may use the money from your heirs, estate representatives and account beneficiaries. The credit union may close an account at any time accounts to pay the debt even if the account is overdrawn or the collected funds balance our withdrawal of the money from your accounts results in a loss of interest, an interest penalty, dishonor of checks, or transaction charges. You understand and agree that any such transaction charges will be in addition to any fees assessed to your account does not exceed zerofor insufficient funds. Inactive or Dormant Accounts: Inactive Accounts (Accounts with no withdrawals or deposits within a one-year period) Additionally, you understand that you may be subject to an Inactive Account Feemonetary penalties if a certificate of deposit (time deposit), which has not matured, must be liquidated to cover any overdraft. We have no You agree to hold us, our affiliates, and each of our respective officers, directors, employees and agents harmless from any claim or liability if arising as a result of our exercise of our right of setoff. You hereby appoint us as your Account becomes dormant true and is therefore subject lawful agent and attorney- in-fact, with full power to escheatment act in accordance your name and on your behalf, with state and/or federal law. Checking Accounts that have had no activity in a one-year period may be closed without notice in order respect to prevent fraud. Inactive Checking Accounts can be subject to fraudulent activity. To protect you the execution of all instruments and the credit union from possible losses, we may, at our discretion close an inactive Checking Account. Funds, if any remaining taking of all action necessary or desirable to effectuate the rights and remedies provided in the Checking Account, will be transferred to the Prime Share Classic Savings this Agreement and the Checking Account will be closed. Inactive IRA Passbook Accounts with no withdrawals or deposits within a one-year period will be subject to an Inactive Account Fee. Refer to the Fee Schedule. Traditional IRA owners over 70 ½ who waive their Required Mandatory Distribution (RMD) will be subject to escheatment if there is no distribution 3 years following the date of your required distribution. Unclaimed Property: Michigan law establishes procedures under which inactive/unclaimed property must be escheated (surrendered) to the state. Funds in an account are considered unclaimed if you have not had any activity or communication with us regarding your account over a period of three (3) years* based on the type of account and or product. Traditional IRA owners over 70 ½ who waive their Required Mandatory Distribution (RMD) will be subject to escheatment if there is no distribution 3 years following the date of your required distribution. *Applies to residents of Michigan. Inactivity period in other States that have Unclaimed Property Laws may varyby applicable law.

Appears in 1 contract

Samples: Albert Cash Cardholder Agreement

Right to Set Off. Or Close Account(s): You each agree We have the right to set-off any liability, direct or contingent, past, present or future that we mayyou owe against any account you have with us. Further, without prior notice you grant us a lien on and when permitted by law, set off security interest in the funds on deposit in the account against any due each of your account(s) as security for all of your liabilities and payable debt owed obligations to us us, now or in the future. We will notify you if we have exercised our right to set off. Legal Processes Affecting Savings Accounts If legal action such as a garnishment, by you levy or any joint owners on other state of federal legal process ("Legal Process") is brought against the accountSavings Account, we may refuse to permit (or may limit) transfers from it until the Legal Process is satisfied or dismissed. The right Regardless of set-off and our impressed lien does not extend the terms of such garnishment, levy or other state or federal process, we have first claim to any Xxxxxand all funds in your Savings Account. We will not contest on your behalf any such Legal Process and may take action to comply with such Legal Process as we determine to be appropriate in the circumstances without liability to you, XXX even if any funds we may be required to pay out leaves insufficient funds for a transfer you have authorized. Payment is made after satisfying any fees, charges or similar tax deferred deposit you may have with other debts owed to us. Our right of set-off extends You agree that you are responsible for any expenses, including legal expenses and fees we incur due to any amount owed Legal Process affecting your Savings Account. We may charge these expenses to your Savings Account. You will indemnify us by for any losses if we do this. Account Inactivity and Escheatment For purposes of this paragraph, customer-initiated activity includes any Online Transfers you make to or from the account ownersSavings Account. Additionally, and supersedes any claim a Savings Account that might be made by your heirs, estate representatives and account beneficiaries. The credit union may close an account at any is inactive for a period of time if the account is overdrawn or the collected funds balance of the account does not exceed zero. Inactive or Dormant Accounts: Inactive Accounts (Accounts with no withdrawals or deposits within a one-year period) may be subject to an Inactive Account Fee. We have no liability if your Account becomes considered dormant and is therefore subject to escheatment escheatment. Each state has varying laws as to when an account is subject to escheatment, and we may be required to send the balance in accordance your Account to the state of your last known address. Consent to Use Electronic Signatures and Communications and Statements Your Consent. To the fullest extent permitted by law, this Agreement, account statements, notices and other communications (collectively, “Communications”) from us to you regarding your account(s) and related services with state us may be provided to you electronically, and you consent and agree to receive those communications in an electronic form. Electronic Communications may be posted on the pages within the Platform Website, mobile app and/or federal delivered to your email address. You may print a paper copy of or download any electronic communication and retain it for your records. All Communications in electronic format will be considered to be “in writing,” and to have been received on the day of posting, whether or not you have received or retrieved the Communication. We reserve the right to provide Communications in paper format. Your consent to receive Communications electronically is valid until you revoke your consent by notifying us of your decision to do so. If you revoke your consent to receive Communications electronically, we will transfer all funds in the Savings Account to the Platform Account, and you accept sole liability for resulting from an involuntary termination of your Savings Account(s) and related services, to the extent permitted by law. Checking Accounts Except as expressly provided otherwise in this Agreement, we will mail, send electronically, or otherwise make Communications available to you. Please review promptly all Communications we deliver or make available to you. If Communications are mailed to you, they will be delivered to you at the postal address shown in our records. If Communications are sent to you electronically, they will be delivered to you at the email address shown in our records or otherwise made available to you on the Platform Website and/or Mobile App. However, we retain printable versions of your account statements for seven (7) years, or longer periods as may be required by applicable law. You agree to give Platform notice of any change of your postal or email address. Statements Statements will be available on the Mobile App, and Platform will send you notification that a statement is available. Platform will use email address in effect on the Platform. The Savings Account statement will describe each item by amount, and date of debit or credit. If we comply with the foregoing provisions of this Section, you agree that the statement and items all have had no activity been made available to you in a one-year period reasonable manner. We will not be responsible for any indirect, special or consequential damages under any circumstances. Electronic statements are available to view and print on the Mobile App. Savings Account statements are considered to be correct. Carefully review your statement each statement cycle and notify us of any errors within sixty (60) days of your statement becoming available. Special Rules for New Savings Accounts Savings Accounts open less than thirty (30) days or Accounts may be closed without notice limited in order functionality. Funds credits to prevent fraudyour Account may be given provisionally for a reasonable amount of time. Inactive Checking Accounts can Additionally, certain transfer limits may be subject lower during this time as indicated in the following Sections, "Account Funding," “Account Withdraws and Transfers,” "Electronic Banking Services," and "ELECTRONIC FUNDS TRANSFER DISCLOSURE AND SPECIAL TERMS AND CONDITIONS". Illegal Transactions You may not use your Savings Account for online gambling, any illegal transaction or for car rental transactions. We may refuse to fraudulent activityprocess any transaction that we believe may violate the terms of this Agreement or applicable law. You acknowledge and agree that we have no obligation to monitor, to review or to evaluate the legality of your transactions. To protect the fullest extent permitted by law, you and the credit union from possible lossesagree to pay for any transaction that you authorized, we may, at our discretion close an inactive Checking Account. Funds, even if any remaining in the Checking Account, will that transaction is determined to be transferred to the Prime Share Classic Savings and the Checking Account will be closed. Inactive IRA Passbook Accounts with no withdrawals or deposits within a one-year period will be subject to an Inactive Account Fee. Refer to the Fee Schedule. Traditional IRA owners over 70 ½ who waive their Required Mandatory Distribution (RMD) will be subject to escheatment if there is no distribution 3 years following the date of your required distribution. Unclaimed Property: Michigan law establishes procedures under which inactive/unclaimed property must be escheated (surrendered) to the state. Funds in an account are considered unclaimed if you have not had any activity or communication with us regarding your account over a period of three (3) years* based on the type of account and or product. Traditional IRA owners over 70 ½ who waive their Required Mandatory Distribution (RMD) will be subject to escheatment if there is no distribution 3 years following the date of your required distribution. *Applies to residents of Michigan. Inactivity period in other States that have Unclaimed Property Laws may varyillegal.

Appears in 1 contract

Samples: Consumer Savings Account Agreement

Right to Set Off. Or Close Account(s): You each agree ‌ The law provides that we maymay take funds on deposit in your account to satisfy a debt you owe us which is not paid when due. This is called the right of set-off. If we exercise this right of set-off, without prior notice we shall comply with all applicable laws and when permitted by law, set off regulations and we will notify you promptly of the funds action taken. All sums in the a deposit account against any due and payable debt owed are subject to us now or in the future, by you or any joint owners on the account. The our right of set-off and our impressed lien does not liabilities owed to us by any or all of the account holders, to the fullest extent permitted by law. You expressly agree that such rights extend to any XxxxxFederal or state benefit payments (including without limitation to Social Security benefit) electronically deposited into your account. You understand and agree that if you do not want your benefits applied in this way, XXX or similar tax deferred deposit you may have with uschange your direct deposit instructions to the benefits payor at any time. Our If your account is a joint account and one or more joint owners are indebted to us in any manner, we may use the funds in the joint account to pay the debt without prior notice to you. This right of set-off extends does not apply if the debt is created under IRA or tax-qualified retirement accounts, consumer credit card plan or your right to withdraw funds from the account arises only in a representative capacity. You also acknowledge and agree that any amount owed federal benefits or other payments deposited to your account after a date of ineligibility must be returned to the Federal Government or other payor, as applicable, and we may set-off against any of your accounts in order to recover any ineligible benefits or payments you may have received if we are obligated to return funds to the payor. If we make a set-off against your account, you agree to release and indemnify us from all liability for our actions. If you or any joint owner draws a check or otherwise authorized withdrawals not presented for payment until after the drawer’s death, or if any joint owner is indebted to us by any at the time of his or her death, we are authorized to pay such checks and withdrawals and exercise our right of set-off against the account ownersafter such joint owner’s death, and supersedes notwithstanding any claim rights that might be made by your heirsa surviving joint owner, estate representatives and a POD payee or a beneficiary of an ITF or “trustee for” account beneficiariesmay have to funds in the account. The credit union may close If we exercise our right of set-off against an account at any time if the account that is overdrawn or the collected funds balance of the account does not exceed zero. Inactive or Dormant Accounts: Inactive Accounts (Accounts with no withdrawals or deposits within a one-year period) may be subject to an Inactive Account Fee. We have no liability if your Account becomes dormant and is therefore subject to escheatment in accordance with state and/or federal law. Checking Accounts that have had no activity in a one-year period may be closed without notice in order to prevent fraud. Inactive Checking Accounts can be subject to fraudulent activity. To protect you and early withdrawal penalty, the credit union from possible losses, we may, at our discretion close an inactive Checking Account. Funds, if any remaining in the Checking Account, account will be transferred to assessed the Prime Share Classic Savings and the Checking Account will be closed. Inactive IRA Passbook Accounts with no withdrawals or deposits within a one-year period will be subject to an Inactive Account Fee. Refer to the Fee Schedule. Traditional IRA owners over 70 ½ who waive their Required Mandatory Distribution (RMD) will be subject to escheatment if there is no distribution 3 years following the date of your required distribution. Unclaimed Property: Michigan law establishes procedures under which inactive/unclaimed property must be escheated (surrendered) to the state. Funds in an account are considered unclaimed if you have not had any activity or communication with us regarding your account over a period of three (3) years* based on the type of account and or product. Traditional IRA owners over 70 ½ who waive their Required Mandatory Distribution (RMD) will be subject to escheatment if there is no distribution 3 years following the date of your required distribution. *Applies to residents of Michigan. Inactivity period in other States that have Unclaimed Property Laws may varyapplicable early withdrawal penalty.

Appears in 1 contract

Samples: shbamerica.com

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