Personal Account Agreement and Disclosure Important Account Information for Our Consumer Members
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Personal Account Agreement and Disclosure Important account information for our consumer members. Effective May 1, 2021 Personal Account Agreement & Disclosure TABLE OF CONTENTS INTRODUCTION 1 Legal Process 6 Membership Eligibility 1 Limitation of Liability 6 Important Information About Procedures for Notice of Withdrawal 6 Opening a New Account 1 Ownership/Authority Disputes 6 Types of Accounts 1 Pledging Shares for Loans 6 Arbitration and Waiver of Class Action 1 Power of Attorney 7 GENERAL TERMS AND CONDITIONS 2 Pre-authorized Transfer to a Loan 7 Agreement to and Modification of Terms Purchase of Monetary Instruments 7 and Conditions 3 Releasing Account Information 7 Applicable Law 3 Returned Items 7 Assignment 3 Right of Setoff, Banker's Lien and Security Beneficiary Designation 3 Interest 7 Call Monitoring 3 Severability 8 Cashier's Checks 3 Statements 8 Changing Account Type 3 Transaction Identity Information 8 Change of Your Personal Information 3 Warranties 9 Checks 3 FUNDS-AVAILABILITY POLICY 9 Closing an Account 4 Your Ability to Withdraw Funds 9 Contacting You 4 Longer Delays May Apply 9 Corrections to Your Account 4 Holds on Other Funds 9 Death or Incompetence 4 Special Rules for New Accounts 10 Endorsements 5 TAXPAYER IDENTIFICATION Facsimile Signatures 5 NUMBERS AND BACKUP Fees and Changes 5 WITHHOLDING 10 Headings 5 How to Obtain a TIN 10 Illegal Activity 5 Certification of TIN by Account Owner(s) 10 Inactive Accounts/Unclaimed Property 5 ACCOUNTS OPENED ONLINE 11 Indemnification 5 Features 11 Joint Ownership Accounts 6 Debit Card 11 Electronic Statements & Communication 11 Other Fiduciary Accounts 19 Official Signature 11 HEALTH SAVINGS ACCOUNTS 19 CHECKING ACCOUNTS 11 Electronic Contributions & Withdrawals 19 Accounts with Multiple Owners 11 ELECTRONIC FINANCIAL SERVICES 19 Cashing Checks for Non-members 11 Electronic Funds Transfer (EFT) Agreement Credit Union Closure of Checking Account 11 and Disclosure 19 Fees and Charges 11 Federal Regulation E Disclosure 20 Ordering Checks 11 Visa Zero Liability 20 Payment of Checks 12 Contact Information in the Event of an Unauthorized Transfer Payment of Pre-Authorized Checks/Paper 20 Drafts 12 Business Days 20 Processing Transactions/Order of Payment 12 Transfer Types and Limitations 20 Reporting Lost or Stolen Checks 12 Electronic Check Conversion 20 Restriction on Payment of Funds 12 Confidentiality 21 Stopping Payment of a Check 13 Documentation 21 OVERDRAWING YOUR ACCOUNT 13 Pre-authorized Payments 21 Avoiding Overdrafts 13 Our Liability 21 Overdraft Protection 13 PIN Access Code use and Security 21 Your Checking Account Balance 13 In Case of Errors or Questions About Your Electronic Transfers Authorization Holds for Debit Card 22 Transactions 14 TELEPHONE BANKING 22 DO NOT OVERDRAW YOUR ACCOUNT 14 Transactions Available 22 Insufficient Funds (NSF) Transactions 15 Personal Identification Number (PIN) Security Standard Overdraft Practices 15 23 Important Information About Telephone Repayment of Overdrafts 17 Banking Account Access 23 CHECK CLEARING IN THE 21ST Transaction Limitations 23 CENTURY ACT (CHECK 21) DISCLOSURES 17 FUNDS TRANSFER SERVICES 23 Substitute Checks and Your Rights 17 Governing Laws 23 TRUST & OTHER FIDUCIARY Definition of a Funds Transfer 23 ACCOUNTS 18 Fees and Charges 23 Authority of Trustee(s) 18 Sending Funds Transfers 23 Successor of Trustee(s) 18 Security Procedures 23 Credit Union as Depository Institution Only Reasons for Our Non-Acceptance of Indemnification 18 Payment Orders 24 Reliance on Statements; Notification 18 Authorization of a Funds Transfer 24 Trust as Beneficiary of an IRA 18 Stopping Electronic Payments 24 Recommendation to Seek Professional Amending Payment Orders 24 Advice 19 Discrepancies Between Account Numbers and Account Names 24 Means of Transmittal 24 Notification of Funds Sent 24 Our Liability 25 Receiving Funds Transfers 25 Notification of funds Received 25 Additional Terms Applicable to International Funds Transfers 25 Delay or Non-Credit of Funds Transfers 25 TRUTH-IN-SAVINGS DISCLOSURE INFORMATION 25 Personal Checking & Educator Checking 25 eChecking 26 Student Checking 26 Option Checking 26 HSA Checking 27 Share Savings, Investor or Premium Money Market, Daily IRA, or Health Savings Account 27 Student Savings 28 Summer Savings 29 Educator Summer Savings Account 29 Credit Card Secured Savings 30 Share and IRA Certificates 31 Saver Certificates 32 Accelerator Certificates 33 COMMON FEATURES 34 Notice of Withdrawal 34 Nature of Dividends 34 SHARE INSURANCE 34 National Credit Union Share Insurance Fund 34 INTRODUCTION This Account Agreement and Disclosure is your copy of the terms and conditions applicable to your accounts at California Credit Union. This disclosure is written in “Plain English” so you can understand the terms and conditions. Please keep this document with your permanent records, together with any amendments (modifications, deletions or additions) we may make in the future. In this agreement and disclosure “we,” “us,” “our,” and “Credit Union” mean California Credit Union. The words “you”, “your” and “yours” mean you the member, joint owner, or other signer, as well as anyone you permit to access your account. The words “card” or “cards” mean your Visa® Debit Card as applicable to the section in which it is contained. The acronym “ATM” means automated teller machine. The term “account” and “accounts” refer to the type of account applicable to the section in which the reference is made. Additionally, the term “Share Savings Account” is your Savings Account and the term “Checking Account” is your Share Draft Account. The term “item” refers to a check, electron- ic debit, or other instrument that is deposited to or is debited from your account. MEMBERSHIP ELIGIBILITY To be eligible for membership in the Credit Union, you must be an individual or entity qualifying within the Credit Union’s field of membership. To become a member you must pay a membership fee. You authorize us to check your account, cred- it, employment history, and to obtain a credit report from third parties, including credit reporting agencies, to verify your eligibility for accounts and services. IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING A NEW ACCOUNT To help the government fight the funding of terrorism and money laundering activities, Federal law (USA Patriot Act) re- quires all financial institutions to obtain, verify, and record information that identifies each person who opens an account and to understand the expected activity on the account. These procedures are designed to prevent crimes, such as identity theft and account fraud that terrorists commit to finance their operations against the United States and its citizens. What this means to you: When you open an account, we will ask you for your name, address, date of birth, and other information that will enable us to identify you. We may also ask to see your driver’s license or other identifying government issued docu- ments. We may retain copies of any or all documents you present to establish your identity. We may ask you for information regarding the source of funds, frequency of, or the purpose of transactions. This may include asking you about the relation- ship you have with the persons you send funds to, or persons that send funds to you. We may at our sole discretion, elect not to open an account, close an existing account, or refuse to conduct a transaction based on the information given us. TYPES OF ACCOUNTS Personal membership accounts may be held as follows: • Individual ownership is an account for any individual who does not want anyone else to have access to their Credit Union account and desires to be the only owner of the account. • Joint ownership is an account for two or more individuals, where each person has total access to Credit Union account funds regardless of individual contributions. This type of account at California Credit Union is held in joint tenancy with right of survivorship, which means when one of the owners dies, sole ownership of the account automatically passes to the surviving owner(s) immediately. Note: The member whose Social Security Number is used on an account is often referred to as the “Primary Owner”, or “Tax Reported For” owner. A Fiduciary Account is opened by a person acting in a fiduciary capacity. For instance, trustees under written trust agree- ments, or executors, administrators, or conservators under court orders, called “Letters”. The terms of any Trust instrument, court order or other relevant document will govern the account. A Custodian Account under the California Uniform Transfer to Minors Act (CUTMA) is opened by an individual who will hold money as a custodian for a minor. The custodian controls the account, but the minor owns it. If the custodian resigns, is removed or dies, the Credit Union will, from the time it receives notice of that fact; deal only with a designated successor custodian. ARBITRATION AND WAIVER OF CLASS ACTION You and the Credit Union agree that we shall attempt to informally settle any and all disputes arising out of, affecting, or relating to your accounts or the products or services the Credit Union has provided, will provide or has offered to provide to you, and/or any aspect of your relationship with the Credit Union (hereafter referred to as the “Claims”). If that cannot be done, then you agree that any and all Claims that are threatened, made, filed or initiated after the Effective Date (defined below) of this Arbitration and Waiver of Class Action provision (“Arbitration Agreement”), even if the Claims arise out of, affect or relate to conduct that occurred prior to the Effective Date, shall, at the election of either you or us, be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its applicable rules and procedures for consumer disputes (“Rules”), whether such Claims are in contract, tort, statute, or otherwise. The Rules can be obtained on the AAA website free of charge at www.adr.org; or, a copy of the Rules can be obtained at any Credit Union branch upon request.