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an Innovative Bank (hereinafter known as "I.B." or "Bank") Business
Deposit Account. Your Account is backed and insured by the Federal
Deposit Insurance Corporation (FDIC), an agency of the United States
government.
These
terms govern the operation of this account unless varied or
supplemented in writing. Unless it would be inconsistent to do so,
words and phrases used in this document should be construed so that
the singular includes the plural and the plural includes the
singular. As used in this form, the words "we," "our," or "us" mean
the financial institution and the words "you" or "your" mean the
account holder(s). This account may not be transferred or assigned
without our written consent.
Much of our
relationship with our deposit customers is regulated by state and
federal law, especially the law relating to negotiable instruments,
the law regulating the methods of transferring property upon death
and the rights of surviving spouses and dependents, the law
pertaining to estate and other succession taxes, the law regarding
electronic funds transfer, and the law regarding the availability of
deposited funds. This body of law is too large and complex to be
reproduced here.
(1) The purpose of
this form is to: summarize the rules applicable to the more common
transactions;
(2) establish rules
to govern transactions or circumstances which the law does not
regulate; and
(3) establish rules
for certain events or transactions which the law already regulates
but permits variation by agreement.
We may permit some
variations from this standard agreement, but any such variations
must be agreed to in writing either on our signature card for the
account or in some other written form.
LIABILITY -
Each of you agrees, for yourself (and the person or entity you
represent if you sign as a representative of another) to the terms
of this account and the schedule of charges that may be imposed. You
authorize us to deduct these charges as accrued directly from the
account balance. You also agree to pay additional reasonable charges
we may impose for services you request which are not contemplated by
this agreement. Each of you also agrees to be jointly and severally
liable for any account deficit resulting from charges or overdrafts,
whether caused by you or another authorized to withdraw from this
account, and the costs we incur to collect the deficit including, to
the extent permitted by law, our reasonable attorneys' fees.
DEPOSITS - Any items, other than cash, accepted for
deposit (including items drawn "on us") will be given provisional
credit only until collection is final (and 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).
Subject to any other limitations, interest will be paid only on
collected funds, unless otherwise provided by law. We are not
responsible for transactions initiated by mail or outside depository
until we actually record them. All transactions received after our
"daily cut-off time" on a business day we are open, or received on a
day in which we are not open for business, will be treated and
recorded as if initiated on the next following business day that we
are open.
WITHDRAWALS -
Unless otherwise clearly indicated on the account records, anyone of
you who signs this form including authorized signers, may withdraw
or transfer all or any part of the account balance at any time on
forms approved by us. Each of you (until we receive written notice
to the contrary) authorizes each other person signing this form to
endorse any item payable to you or your order for deposit to this
account or any other transaction with us. We may charge against your
account a check, even though payment was made before the date of the
check, unless you have given us written notice of the postdating.
The fact that we may honor withdrawal requests which overdraw the
finally collected account balance does not obligate us to do so,
unless required by law. Withdrawals will first be made from
collected funds, and we may, unless prohibited by law or our written
policy, refuse any withdrawal request against uncollected funds,
even if our general practice is to the contrary. We reserve the
right to refuse any withdrawal or transfer request which is
attempted by any method not specifically permitted, which is for an
amount less than any minimum withdrawal requirement, or which
exceeds any frequency limitation. Even if we honor a nonconforming
request, repeated abuse of the stated limitations (if any) may
eventually force us to close this account. We will use the date a
transaction is completed by us (as opposed to the day you initiate
it) to apply the frequency limitations. On interest-bearing accounts
other than time deposits, we reserve the right to require at least
seven days' written notice before any withdrawal or transfer.
Withdrawals from a time deposit prior to maturity or prior to the
expiration of any notice period may be restricted and may be subject
to penalty. See your notice of penalties for early withdrawal.
OWNERSHIP OF ACCOUNT AND BENEFICIARY DESIGNATION - You
intend these rules to apply to this account depending on the form of
ownership and beneficiary designation, if any, specified on the
account records. We make no representations as to the
appropriateness or effect of the ownership and beneficiary
designations, except as they determine to whom we pay the account
funds. Individual Account -This
account is issued to one person who does not intend (merely by
opening this account) to create any survivorship rights in any other
person. Joint Account· This account or certificate
is owned by the named parties. Upon the death of any of them,
ownership passes to the survivor(s). Joint account of
husband and wife with right of survivorship - This account
or certificate is owned by the named parties, who are husband and
wife, and is presumed to be their community property. Upon the death
of either of them, ownership passes to the survivor.
Community property account of husband and wife- This
account or certificate is the community property of the named
parties who are husband and wife. The ownership during lifetime and
after the death of a spouse is determined by the law applicable to
community property generally and may be affected by a will.
Tenancy in common account - This account or certificate is
owned by the named parties as tenants in common. Upon the death of
any party, the ownership interest of that party passes to the named
pay-on-death payee(s) of that party, or, if none, to the estate of
that party. P.O.D. Account with Single Party -This
account or certificate is owned by the named party. Upon the death
of that party, ownership passes to the named pay-on-death payee(s).
P.O.D. Account with Multiple Parties -This account
or certificate is owned by the named parties. Upon the death of any
of them, ownership passes to the survivor(s). Upon the death of all
of them, ownership passes to the named pay-on-death payee(s).
Whether the P.O.D. Account is with single party or multiple parties,
if ownership passes to more than one beneficiary, any such
beneficiary may withdraw all or part of the account balance.
Totten Trust Account· (subject to this form) -If two or
more of you create this account, you own the account jointly with
survivorship. Beneficiaries acquire the right to withdraw only if
(1) all persons creating the account die, and (2) the beneficiary is
then living. If two or more beneficiaries are named and survive the
death of all persons creating the account, such beneficiaries will
own this account in equal shares, without right of survivorship. Any
such beneficiary may withdraw all or any part of the account
balance. The person(s) creating either of these account types
beneficiaries are named and survive the death of all persons
creating the account, such beneficiaries will own this account in
equal shares, without right of survivorship. Any such beneficiary
may withdraw all or any part of the account balance. The person(s)
creating either of these account types reserves the right to: (1)
change beneficiaries: (2) change account types; and (3) withdraw all
or part of the deposit at any time. Trust Account Subject to
Separate Agreement - We will abide by the terms of any
separate agreement which clearly pertains to this account and which
you file with us. Any additional consistent terms stated on this
form will also apply. Non-Personal Account -Such an
account is issued in the name of a legal entity such as a
corporation, club, or league. We reserve the right to require the
governing body of the legal entity to give us a separate
authorization telling us who is authorized to act on its behalf. We
will honor such an authorization until we actually receive written
notice of a change from the governing body. If this certificate
is held in a "partnership" account, those signing this agreement
certify that they are all general partners thereof.
STOP
PAYMENTS -A stop payment order must be given in the manner
required by law and must be received in time to give us a reasonable
opportunity to act on it before our stop payment cutoff time. Our
stop payment cutoff time is one hour after the opening of the next
banking day after the banking day on which we receive the item.
Additional limitations on our obligation to stop payment are
provided by law. A stop payment order must precisely identify the
number, date and amount of the item, and the payee. We will honor a
stop payment request by the person who signed the particular item,
and, by any other person, even though such other person did not sign
the item, if such other person has an equal or greater right to
withdraw from this account than the person who signed the item in
question. A release of the stop payment request may be made only by
the person who initiated the stop payment.
AMENDMENTS AND TERMINATION- From time- to- time we may amend
any term of this agreement upon giving you reasonable notice in
writing or by any other method permitted by law, including, in
appropriate circumstances, posting notice in our building. We may
also close this account at any time upon reasonable notice to you
and tender of the account balance personally or by mail. Notice from
us to anyone 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 payments or alterations, you must
promptly notify us of the relevant facts. 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 exercised
ordinary care and, if not, whether we substantially contributed to
the loss). The loss could be not only with respect to items on the
statement but other items forged or altered by the same wrongdoer.
You agree that the time you have to examine your statement and
report to us will depend on the circumstances, but that such time
will not, in any circumstance, exceed a total of 30 days from when
the statement is first made available to you.
You further
agree that if you fail to report any unauthorized signatures,
alterations, forgeries or any other errors in your account within 60
days of when we make the statement available, you cannot assert a
claim against us on any items in that statement, and the loss will
be entirely yours. This 60 day limitation is without regard to
whether we exercised ordinary care. The limitation in this paragraph
is in addition to that contained in the first paragraph of this
section.
DIRECT DEPOSITS -If, in connection with a direct deposit
plan, we deposit any amount in this account which should have been
returned to the Federal Government for any reason, you authorize us
to deduct the amount of our liability to the Federal Government from
this account or from any other account you have with us, without
prior notice and at any time, except as prohibited by law. We may
also use any other legal remedy to recover the amount of our
liability.
TEMPORARY ACCOUNT AGREEMENT -If this option is checked on
the account records, this is a temporary account agreement. Each
person who signs this signature card (except as indicated to the
contrary on the account records) may transact business on this
account. However, we may at some time in the future restrict or
prohibit further use of this account if you fail to comply with the
requirements we have imposed within a reasonable time.
SET-OFF -You each agree that we may (without prior notice
and when permitted by law) set off the funds in this account against
any due and payable debt owed to us now or in the future, by any of
you having the right of withdrawal, to the extent of such persons'
or legal entity's right to withdraw. The amount of the set-off may
be further limited by applicable law. If the debt arises from a
note, "any due and payable debt" includes the total amount of which
we are entitled to demand payment under the terms of the note at the
time we set off, including any balance the due date for which we
properly accelerate under the note. This right of set-off does not
apply to this account if: (a) it is an Individual Retirement Account
or other tax-deferred retirement account, or (b) the debt is created
by a consumer credit transaction under a credit card plan, or (c)
the debtor's right of withdrawal arises only in a representative
capacity. We will not be liable for the dishonor of any check when
the dishonor occurs because we set off a debt against this account.
You agree to hold us harmless from any claim arising as a result of
our exercise of our right of set-off.
ACH
AND WIRE TRANSFERS -This agreement is subject to Article 4A
of the Uniform Commercial Code -Fund Transfers as adopted ill the
state in which you have your account with us. If you originate a
fund transfer for which Fedwire is used, and you identify by name
and number a beneficiary financial institution, an intermediary
financial institution or a beneficiary, we and every receiving or
beneficiary financial institution may rely on the identifying number
to make payment. We may rely on the number even if it identifies a
financial institution, person or account other than the one named.
You agree to be bound by automated clearing house association rules.
These rules provide, among other things, that payments made to you,
or originated by you, are provisional until final settlement is made
through a Federal Reserve Bank or payment is otherwise made as
provided in Article 4A-403(a) of the Uniform Commercial Code. If we
do not receive such payment, we are entitled to a refund from you in
the amount credited to your account and the party originating such
payment will not be considered to have paid the amount so credited.
If we receive a credit to an account you have with us
by
wire or ACH,
we are not required to give you any notice of the payment order or
credit.
FACSIMILE SIGNATURES -You authorize us, at any time, to
charge you for all checks, drafts, or other orders, for the payment
of money, that are drawn on us regardless of by whom or by what
means the facsimile signature(s) may have been affixed so long as
they resemble the facsimile signature specimen that is filed
separately with us, and contain the required number of signatures
for this purpose.
AUTHORIZED SIGNER (Individual Accounts Only) -An authorized
signer is someone you designate to conduct transactions on your
behalf, but does not have any ownership or rights at death unless
named as Pay-on-Death or Totten Trust beneficiary.
FICTITIOUS BUSINESS NAME ACCOUNTS -If the name in which the
account is held is fictitious, each account holder represents that
one or more of the account holders have the right to use that name
and have fulfilled all legal requirements for using and or doing
business under that name.
RESTRICTIVE LEGENDS -We are not required to honor any
restrictive legend on checks you write unless we have agreed to the
restriction in a writing signed by one of our officers. Examples of
restrictive legends are" must be presented within 90 days" or "not
valid for more than $1,000."
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