| To open your
account, complete the appropriate account card and return it
to our Member Services Representative. Please read
this brochure completely and retain it with your personal records.
All agreements and disclosures shall be construed in accordance with
the provisions of the California Uniform Commercial Code (UCC). Share
accounts, share draft accounts and share certificate accounts are subject
to the requirements below and such other terms and conditions as
established by the Board of Directors and as contained in the account
agreements.
h g
General Information About All of
Our Accounts
Par Value
The par value of a share in the Huntington Beach City
Employees Credit Union is $5.
Accrual of Dividends
Dividends begin to accrue on the business day you deposit
cash or non-cash items (e.g., checks) to your account if deposited before
the close of business. If you close your share or share draft account
before dividends are credited, you will not receive accrued dividends.
Dividend Rates
The initial dividend rate and annual percentage yield on
all our accounts are stated on the Rate Schedule accompanying this
Disclosure. Dividends are paid from current income and available earnings
after required transfers to reserves at the end of a dividend period.
Balance Information
We compute the balance in all our accounts to determine
the dividends you will be paid by using the daily balance method, which
applies a daily periodic rate to the balance in your account each day.
Bylaw Requirements
The maximum amount of shares that may be held by any one
member shall be established from time to time by resolution of the Board.
A member who reduces his share balance below the par value
of one share and does not increase the balance to at least the par value
of one share within 3 months of the reduction may be terminated from
membership at the end of a dividend period. The Credit Union requires a
one-time, non-refundable membership fee of $1.
Shares may be transferred only from one member to another,
by written instrument in such form as the Credit Union may prescribe. No
transfer of voting rights or other membership privilege is permitted by
virtue of transfer to or co-ownership of share by nonmembers. The Credit
Union reserves the right, at any time, to require members to give, in
writing, not less than 7 days and not more than 60 days notice of
intention to withdraw the whole or any part of the amounts so paid in by
them.
No member may withdraw shareholdings that are pledged as
required for security on loans without the written approval of the Credit
Committee or a loan officer, except to the extent that such shares exceed
the member's total primary and contingent liability to the Credit Union.
No member may withdraw any shareholdings below the amount of his/her
primary or contingent liability to the Credit Union if he/she is
delinquent as a borrower, or if borrowers for whom he/she is co-maker,
endorser, or guarantor are delinquent, without the written consent of the
Credit Committee or loan officer.
Requirement to Maintain a Regular Share Account
You must open a Regular Share Account to open any
subsequent accounts. You must maintain the Regular Share Account to avoid
closure of that account and any subsequent accounts.
About Our Share Accounts
Huntington Beach City Employees Credit Union's share
accounts let you deposit your money in a savings account and withdraw your
money generally at any time. Our share accounts are the Regular Share,
Subsidiary Share and IRA Share Accounts.
Rate Information
Our share accounts are non-interest bearing.
Dividend Compounding and Crediting
Dividends will be compounded quarterly and will be
credited quarterly. For our share accounts the dividend period is
quarterly. For example, the beginning date of the first dividend period of
the calendar year is January 1 and the ending date is March 31. All other
dividend periods follow this same pattern of dates.
Transaction Limitations.
Cash withdrawals in excess of $5,000 require 24-hour prior
notice.
å About Our Regular Share and
Subsidiary Share Accounts
Minimum Balance and Deposit Requirements
The minimum deposit required for you to open a Regular
Share or Subsidiary Share Account is $5. You must maintain a minimum
balance of $5 in the account to avoid closure.
å About Our IRA Share Account
Minimum Balance and Deposit Requirements
The minimum deposit required for you to open an IRA Share
Account is $100. You must maintain a minimum daily balance of $100 in this
account to obtain the annual percentage yield stated on the Rate Schedule
and to avoid closure. If you close your IRA Share Account before dividends
are credited, you will not receive accrued dividends.
Incorporation of IRA Agreement and Disclosures
All other terms and disclosures for our Individual
Retirement Accounts are contained in the Credit Union's Individual
Retirement Account agreement and disclosure statement, which by this
reference, is incorporated into this account disclosure in its entirety.
When you open your Individual Retirement Account, the Credit Union
agreement and disclosure statement will be provided to you.
About our Share Draft Accounts
Huntington Beach City Employees Credit Union offers share
draft accounts that let you withdraw your money and write checks against
your account at any time.
Rate Information
Our share draft account is designated a variable rate
account on the Rate Schedule. This rate and yield may change at any time
at the Credit Union's discretion.
Minimum Balance and Deposit Requirements
The minimum deposit required for you to open a share draft
account is $25.
About our Share Certificate Accounts
Huntington Beach City Employees Credit Union's share
certificate accounts let you deposit your money for a specified period of
time.
Annual Percentage Yield
The annual percentage yield is based on an assumption that
dividends will remain on deposit until maturity. If you make a withdrawal
from your account, your earnings will be reduced.
Maturity
Your account will mature as reflected on the Rate
Schedule.
Rate Information
Our share certificate accounts are designated fixed rate
accounts on the Rate Schedule. You will be paid this rate and yield until
maturity.
Dividend Compounding and Crediting
Dividends will be compounded monthly and will be credited
monthly and at maturity.
Minimum Balance and Deposit Requirements
The minimum deposit required for you to open a share
certificate account is indicated on the Rate Schedule. You must maintain
the minimum daily balance to obtain the annual percentage yield stated on
the Rate Schedule and to avoid closure.
Renewal of Account/Grace Period
Your account will automatically renew at maturity for the
same time period as the original term at the prevailing rate unless you
withdraw all of the funds in your account at maturity or within a grace
period of seven (7) days after maturity. If you choose not to renew your
account, your funds will be transferred to your Regular Share Account.
Early Withdrawal Penalty
We may impose a penalty if you withdraw principal from
your share certificate account before the maturity date. The penalty will
be as follows:
Where the term of the Share Certificate is one year or
less, the
loss of 90 days dividends on the amount withdrawn whether or
not earned.
In addition, if a withdrawal reduces your balance below
the minimum balance requirement, your account will be closed and the
remaining funds will be transferred to your Regular Share Account.
Exceptions to Penalties
The penalties stated above will not apply if:
1. The withdrawal is made subsequent to the death of any
owner of the share account or the share certificate account, or is made
pursuant to the Credit Union's bylaws.
2. The share certificate account is part of a pension
plan which qualifies or is qualified to specific tax treatment under
Section 401(d) or 408 of the Internal Revenue Code and withdrawal is
made to effect distribution of the funds evidenced by such account
following the participant's death or disability or upon attaining not
less than 70 1/2 years of age, or
3. Such withdrawal is made as a result of the voluntary
or involuntary liquidation of the Credit Union issuing the account.
Electronic Fund Transfers Disclosure
and Agreement
This EFT Disclosure and Agreement as amended from time to
time ("Agreement") sets forth the terms and conditions governing
the use of the Huntington Beach City Employees Credit Union electronic
transfer services. Disclosure information that applies to all electronic
services offered by Huntington Beach City Employees Credit Union is given
below, followed by specific disclosure information for each service. This
Agreement takes the place of all prior agreements and disclosures
governing the use of all electronic services. By retaining, using, or
allowing others to use the electronic services offered by Huntington Beach
City Employees Credit Union, you are agreeing to be bound by the terms and
conditions of this Agreement. In this Agreement, the term "you"
and "your(s)" refer to the member, and the terms "we,"
"us" and "our{s)" refer to Huntington Beach City
Employees Credit Union.
Personal Identification Number
We will issue you a Personal Identification Number (PIN).
This number should be memorized. After memorizing it, you should destroy
it. Your accounts can only be accessed by the use of an access device with
the PIN. If you forget your PIN, contact the Credit Union and we will
issue you a new one.
Right to Receive Documentation of Transactions
You will get a monthly account statement reflecting all of
your transactions unless there is no activity in a particular month. In
any case you will get the statement at least quarterly. Depending on the
terminal, you will receive, or you may choose to receive, a receipt at the
time you make a transaction at a terminal. If you do receive a receipt,
retain the receipt to compare with your monthly statement from the Credit
Union.
Your Liability for Unauthorized Transactions
Tell us AT ONCE if you believe your ATM/POS Card and/or
PIN has been lost or stolen. Telephoning is the best way of minimizing
your possible losses. You could lose all the money in your account (plus
your maximum overdraft line of credit). If you tell us within two (2)
business days, you can lose no more than $50.00 if someone used your
ATM/POS Card or PIN without your permission. If you DO NOT tell us within
two (2) business days after you learn of the loss or theft of your ATM/POS
Card or PIN and we can prove that we could have stopped someone from using
your ATM/POS Card or PIN without tour permission if you had told us, you
could lose as much as $500.00. If you have authorized someone else to use
the ATM card and/or PIN, you are responsible for all transactions that
that person or persons initiates at any time, even if the amount or
transactions exceed what you may have authorized.
Also, if your statement shows transactions that you did
not make, tell us at once. If you do not tell us within 60 days after the
statement was mailed to you, you may not get back any money you lost after
the 60 days if we can prove that we could have stopped someone from taking
the money if you had told us in time. If a good reason (such as a long
trip or hospital stay) kept you from telling us, we will extend the time
periods.
How to Notify the Credit Union in the Event of an
Unauthorized Transaction
If you believe your ATM/POS card or PIN has been lost or
stolen, or that someone has transferred or may transfer money from your
account without your permission, call us at (714) 536-6517 during business
hours or (800) 800 472-3272 after business hours, or write to us at P.O.
Box 910, Huntington Beach, California 92648.
Business Days
Our business days are Monday through Friday, excluding
holidays.
Our Liability for Failure to Make Transfers
If we do not complete a transaction to or from your share
or share draft/checking account on time or in the correct amount according
to our agreement with you, we will be liable for your losses or damages.
However, there are some exceptions. We will NOT be liable, for instance,
if:
a. through no fault of ours, you do not have enough
money in your account to make the transaction;
b. the transaction would go over the credit limit on
your credit line;
c. the terminal where you were making the transaction
did not have enough cash;
d. the ATM or network system was not working properly
and you were aware of the malfunction when you started the transaction;
e. circumstances beyond our control (such as fire,
flood, power failure, or computer down-time) prevented the transaction,
despite reasonable precautions that we have taken;
f. the money in your account is subject to an
uncollected funds hold, legal process or any other encumbrance or
agreement restricting a transaction;
g. your ATM/POS Card has expired, is damaged so that the
terminal cannot read the encoding strip, is inactive, or because your
PIN has been entered incorrectly;
h. your ATM/POS Card or PIN has been reported lost or
stolen and we have blocked the account; or
i. the failure to complete the transaction is done to
protect the integrity of the system or to protect the security of your
account.
There may be other exceptions not specifically mentioned
above.
In Case of Errors or Questions About your Electronic
Transfers
Telephone us at (714) 536-6517 or write us P.O. Box 910,
Huntington Beach, California 92648 at as soon as you can, if you think
your statement or receipt is wrong or if you need more information about a
transfer listed on the statement or receipt. We must hear from you no
later than 60 days after we sent the FIRST statement on which the problem
or error appeared.
1. Tell us your name and account number (if any).
2. Describe the error or the transfer you are unsure
about, and explain as clearly as you can why you believe it is an error
or why you need more information.
3. Tell us the dollar amount of the suspected error.
If you tell us orally, we may require that you send us
your complaint or question in writing within ten (10) business days.
We will tell you the results of our investigation within
ten (10)* business days after we hear from you and will correct any error
promptly. If we need more time, however, we may take up to forty-five
(45)** days to investigate your complaint or question. If we decide to do
this, we will credit your account within ten (10)* business days for the
amount you think is in error, so that you will have the use of the money
during the time it takes us to complete our investigation. If we ask you
to put your complaint or question in writing and we do not receive it
within ten (10) business days, we may not credit your account.
If we decide that there was no error, we will send you a
written explanation within three (3) business days after we finish our
investigation. You may ask for copies of the documents that we used in our
investigation.
* If you give notice of an error within thirty (30) days
after you make the first deposit to your account, we will have twenty (20)
business days instead of ten (10) business days.
** If you notice an error within thirty (30) days after
you make the first deposit to your account, notice of an error involving a
point of sale transaction, or notice of an error involving a transaction
initiated outside the U.S. its possessions and territories, we will have
ninety (90) days instead of forty-five (45) to investigate.
Charges
In order to obtain the electronic services listed, you
must open and maintain a share draft account. All charges associated with
our electronic fund transactions are disclosed in our Rate and Fee
Schedule that accompanies this Disclosure and Agreement.
Disclosure of Account Information to Third Parties
We will disclose information to third parties about your
account or the transfers you make:
a. when it is necessary to complete the transaction;
b. in order to verify the existence and condition of
your account for a third party, such as a credit bureau or merchant;
c. in order to comply with government agency or court
orders or other legal process; or
d. if you give us your prior oral or written permission.
Address Change
Keep the Credit Union informed of your current address to
ensure correct mailing of monthly statements.
Amendments
The Credit Union may change the terms and conditions of
this Agreement from time to time by mailing written notice to your address
as it appears on our records. If any change results in greater cost or
liability to you or decreases access to your Accounts, you will be given
at least twenty-one (21) days prior notice of the change. Prior notice may
not be given where an immediate change in terms or conditions is necessary
to maintain the integrity of the system and/or the security of ATM Cards,
POS cards or designated accounts.
Termination
You may terminate this Agreement with us at any time. The
Credit Union reserves the right to terminate this Agreement with or
without cause. We may do so immediately if:
a. you or any authorized user of your account breaches
this or any other agreement with the Credit Union;
b. we have reason to believe that there has been, or
might be, an unauthorized use of your account; or
c. you or any authorized user of your account request
that we do so.
Collection Costs
You agree to pay the Credit Union our reasonable expenses,
including court costs and attorney's fees, for enforcing our rights under
this Agreement.
Additional Benefits
The Credit Union may from time to time offer additional
services to your Account. Some may be at no additional cost to you and
others may involve a specified fee. You understand that the Credit Union
is not obligated to offer such services and may withdraw or change them at
any time.
Waiver of Rights
The Credit Union can delay enforcing any of the provisions
under this Agreement or the law any number of times without losing its
right to enforce them at a later date.
Other Agreements
Except as stated otherwise in the Agreement, this
Agreement does not alter or amend any of the terms or conditions of any
other agreement you may have with the Credit Union.
Severability
If any part of this Agreement should be held to be
unenforceable, the remaining provisions of this Agreement shall remain in
full force and effect.
Who is Bound by This Agreement
Each person who signs the Application agrees to be bound
by the terms and conditions of this Agreement. If more than one person
signs the application, all signers are jointly and severally liable. The
Credit Union can waive or delay enforcement of its rights as to one signer
without affecting its ability to enforce its rights as to the other
signers. The Agreement is also binding upon your heirs, personal
representatives and successors.
Signatures
By using your access to the system, or authorizing anyone
else to use your access to the system, and/or by signing the application,
you agree to be bound by the terms and conditions of this Agreement and
Disclosure.
å Additional Disclosure Applicable
to
ACH Services
Documentation of Direct Deposit
If you have arranged to have direct deposits made to your
account at least once every 60 days from the same person or company, you
can call us at (714) 536-6517, to find out whether or not the deposit has
been made. If the only possible transfers to or from your account are
direct deposits or pre-authorized deposits, you will get at least a
quarterly statement from us.
Disclosure of Right to Stop Payment
a. Right to stop payment and procedure for doing so.
If you have told us in advance to make regular payments
out of your account, you can stop any of these payments. Here's how:
Call us at (714) 536-6517 or write to us at P.O. Box 910,
Huntington Beach, California 92648, in time for us to receive your request
3 business days or more before the payment is scheduled to be made. If you
call we may also require you to put your request in writing and get it to
us within 14 days after you call.
b. Notice of varying amounts.
If these regular payments vary in amount, the person you
are going to pay will tell you ten (10) days before each payment, when it
will be made and how much it will be. You may choose instead to get this
notice only when the payment would differ by more than a certain amount
from the previous payment, or when the amount would fall outside certain
limits that you set.
c. Liability for failure to stop payment of pre-authorized
transfer.
If you order us to stop one of these payments three (3)
business days or more before the transfer is scheduled, and we do not do
so, we will be liable for your losses or damages.
Transactions Available
You may use your ACH services to perform the following
transactions:
§ Make deposits to your share or
share draft/checking account;
§ Make loan payments
§ Pay bills directly from your
share draft/checking account in the amounts and on the days you request.
All payments and deposits are subject to later
verification by us.
å Additional Disclosures Applicable
to Check Card Services
Issuance of Card
"Card" means the Huntington Beach City Employees
Credit Union Check Card and any duplicates, renewals, or substitutions the
Credit Union issues to you; "Account" means the account
designated on the application for your Check Card.
Responsibility for Transactions
You are responsible for all transactions you make with the
Card or that you authorize another person to make with the Card. You
understand that if you disclose your Check Card PIN to anyone, they will
have access to all accounts identified by your account number. If the
Account is a joint account, all transactions involving the Account are
binding on all Account holders. You may not stop payment on a debit card
transaction.
Liability for Unauthorized MasterCard Transactions
Your liability for unauthorized use of your debit card
with the MasterCard logo ('your card') [when it is used as a MasterCard
card] will not exceed (A) $0 if the conditions set forth below have been
met or (B) if those conditions have not been met, the lesser of $50 or the
amount of money, property, labor or services obtained by the unauthorized
use before notification to us. Zero liability will apply only if:
§ you report the loss or theft of
your card within 24 hours of discovering it lost or stolen; and
§ you can demonstrate that you have
exercised reasonable care in safeguarding your card from risk of loss or
theft; and
§ you have not reported two or more
incidents of authorized use to us within the preceding 12 months; and
§ your account is in good standing.
"Unauthorized use,” means the use of your debit
card by a person other than you who does not have actual, implied, or
apparent authority for such use, and from which you receive no benefit.
Remember to report your card lost or stolen or any unauthorized
transactions immediately. This will help prevent unauthorized access to
your account and minimize any inconvenience.
For more information or if you have questions, stop by the
Credit Union or call us at (714) 536-6517.
Merchant Disputes
For POS transactions directly accessing a line of credit,
the Credit Union is not responsible for the refusal of any merchant or
financial institution to honor the card. The Credit Union is subject to
claims and defenses (other than tort claims) arising out of goods or
services you purchase with the card if you have made a good faith attempt
but have been unable to obtain satisfaction from the merchant or service
provider and (a) your purchase was made in response to an advertisement
the Credit Union sent or participated in sending to you or (b) your
purchase cost more than $50 and was made in your state or within 100 miles
of your home.
Limitations On Dollar Amounts and Frequency of
Transactions
Purchases made above the floor limit of the merchant will
require an authorization number from MasterCard.
Use of the Card
You may use the Card and PIN to:
§ Withdraw cash from your Account
at ATMs, merchants, or financial institutions that accept MasterCard cards
up to the limits specified in your card holder’s agreement;
§ Make deposits to your share
draft/checking account at the Credit Union.
You may use the Card without the PIN to:
§ Purchase goods or services at
places that accept MasterCard cards (these are point-of-sale or POS
transactions);
§ Order goods or services by mail
or telephone from places that accept MasterCard cards; and
§ Make automatic payments from your
Account to pay bills or other charges, providing that the person or
organization that you are paying agrees to accept payments this way.
Some of these services may not be available at all
terminals.
Use of the Card, the Account number on the Card, the PIN
or any combination of the three for payments, purchases, or to obtain cash
from merchants, financial institutions or others who honor MasterCard
cards is an order by you for the withdrawal of the amount of the
Transaction from your Account. Each Transaction with the Card will be
charged to your Account on the date the Transaction is posted to your
Account. When the Credit Union receives notification of a Check Card/Debit
Card transaction, it will put a hold on an equivalent amount of funds in
your share draft/ checking account for three (3) days.
All Check Card transactions covered by this Agreement are
subject to the terms and conditions of your Account agreements with us
governing the affected Accounts, except as modified by this Agreement. Any
future changes to your Account agreements may affect the use of the card.
Overdrafts
You promise to pay the Credit Union immediately upon
demand for any negative (overdraft) balance arising in your Account,
unless you have available overdraft privileges. If you do not have
overdraft privileges, the Credit Union may deduct the amount of any
overdraft on your Account from any other account you have with the Credit
Union, except an Individual Retirement Account.
Refusal to Honor Card
The Credit Union is not liable for the refusal or
inability of any electronic terminal to honor the Card or to complete a
withdrawal from your Account, or for their retention of the Card. The
Credit Union is also not responsible for the refusal of any merchant or
financial institution to honor the Card or for their retention of the
Card.
Foreign Transactions
Transactions that are initiated in foreign countries and
foreign currencies will be charged to your Account in U.S. Dollars. The
conversion rate to dollars will be (I) the wholesale market rate, or (Ii)
the government-mandated rate, whichever is applicable, in effect one (1)
day prior to the processing date, increased by one percent (1%).
å Additional Disclosures Applicable
to Audio Response
Transactions Available
You may use your Audio Response Service to perform the
following transactions:
§ obtain account and loan balances;
§ obtain loan payment due date and
pay off information;
§ obtain last dividend, date and
amount;
§ obtain clearance of specific
checks;
§ transfer funds between your share
and share draft/checking account;
§ access your Line of Credit
Account to request loan advances;
§ transfer funds from your Line of
Credit to your share checking and share savings accounts; and
§ make loan payments.
All payments and deposits are subject to later
verification by us.
Your Ability to Withdraw Funds
Our policy is to make funds from your deposits available
to you on the first business day after the day we receive your deposit.
Electronic direct deposits will be available on the day we receive the
deposit. Once they are available, you can withdraw the funds 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 the
close of business on a business day that we are open, we will consider
that day to be the day of your deposit. However, if you make a deposit
after the close of business or on a day we are not open, we will consider
that the deposit was made on the next business day we are open.
Longer Delays May apply
In some cases, we will not make all of the funds that you
deposit by check available to you on the first business day after the day
of your deposit. Depending on the type of check that you deposit, funds
may not be available until the fifth business day after the day of your
deposit. However, the first $100 of your deposits will be available on the
first business day.
If we are not going to make all of the funds from your
deposit available on the first business day, we will notify you at the
time you make your deposit. We will also tell you when the funds will be
available. If your deposit is not made directly to one of our employees,
or if we decide to take this action after you have left the premises, we
will mail you the notice by the day after we receive your deposit.
If you will need the funds from a deposit right away, you
should ask us when the funds will be available.
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 anyone day.
§ You redeposit a check that has
been returned unpaid.
§ You have overdrawn your account
repeatedly in the last six (6) months.
§ There is an emergency, such as
failure of communications or computer 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 11th
business day after the day of your deposit.
Unclaimed Property Law - California
The holder(s) of this account shall inform the Credit
Union of any change in their address(es). The shares and accumulated
dividends earned thereon will escheat to the State Controller if, for a
period of three (3) years:
1. There has been no account activity; or
2. There has been no written communication by you; or
3. There has been no other communication with you noted
in writing by the Credit Union.
General Terms and Conditions of Your Credit Union Accounts
Definitions
Account Agreement means any
share, share draft, share certificate, trust, Totten trust or Uniform
Transfers to Minors (UTMA) account.
TIS Agreement means Truth in Savings Agreement
entitled, "About Your Credit Union Accounts."
Membership and Account Application
The terms, conditions and information contained in the
Membership & Account Application, and all amendments thereto, are by
this reference hereby incorporated in their entirety into this TIS
Agreement and become an integral part of the General Terms and Conditions
of the Credit Union Accounts.
Account Ownership
The ownership of trust, Totten trust and UTMA accounts
shall be governed by the applicable Account Agreement. Unless otherwise
specified in the Account Agreement, the parties who sign an Account
Agreement agree with each other and with the Credit Union that all funds
in the accounts shall be owned as follows:
§ Individual Accounts:
The account or certificate is owned by the party named on the Account
Agreement ("Account Holder"). Upon the death of the party,
ownership passes to the named pay-on-death payee(s), designated as the
beneficiary(ies) on the Account Agreement.
§ Joint Accounts:
The account or certificate is owned by the parties named on the Account
Agreement ("Account Holders"). 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), designated as the
beneficiary named on the Account Agreement.
Special Rules for Joint Accounts
Withdrawals by and Liability of Joint Owners
- The Account Holders of an account agree with each other and with the
Credit Union that all funds and all accumulations thereon are subject to
the withdrawal of or receipt by any of the Account Holders, and payment to
any of them shall be valid and discharge the Credit Union from any and all
liability for such payment. The Account Holders of an account expressly
agree that each Account Holder is jointly and severally liable for any and
all overdrafts, losses or charges to an account created by any Account
Holder(s).
Deposits - The Credit Union may cash or deposit all
checks payable to any signer when endorsed by any other signer.
Disputes - If there is a dispute about ownership or
control of an account, the Credit Union may place a hold on the account
and not release funds until the Credit Union receives either a court order
or an instruction signed by all persons claiming an interest in the
account.
Notice
Notice to one Account Holder shall constitute notice to
all persons authorized to have access to the account.
Ability to Pledge Funds
Any or all of the joint Account Holders may pledge all or
any part of the funds as security for a loan or loans with the Credit
Union only.
Enforcement of Liens
All funds in an account remain subject to any and all
liens, including but not limited to statutory liens and/or consensual
liens, security interests, rights of set off and charges, notwithstanding
the source of the contribution.
Notification of Changes
The right or authority of the Credit Union under an
Account Agreement shall not be changed or terminated by the Account
Holder(s), except by written notice to the Credit Union, which written
notice shall not affect transactions previously made. All parties to an
Account Agreement shall keep the Credit Union informed of any change in
their address (es).
Waiver of Certain Rights
The Credit Union reserves the right to waive the
enforcement of any of the provisions of this TIS Agreement with respect to
any transaction or series of transactions. Any such waiver will not affect
the right of the Credit Union to enforce any of its rights with respect to
later transactions and is not sufficient to modify the terms and
conditions of this TIS Agreement.
Credit Reports
The Credit Union makes credit available to its members on
a regular basis. The Account Holder(s) of the account authorizes the
Credit Union to obtain credit reports in connection with possible future
credit opportunities, and the Account Holder(s) of the account authorize
any person, association, or corporation to furnish on request of this
Credit Union, information concerning the affairs of the Account Holder(s).
The Account Holder(s) also authorizes the Credit Union to furnish
information concerning the account to credit reporting agencies. The
Account Holder(s) authorizes the Credit Union to run credit report if the
Account Holder(s) requests the Credit Union to open a share draft/checking
account. The Credit Union may also run credit report before issuing an ATM
card, check card or other services.
Negative Credit Reporting
Pursuant to State Law, you are hereby notified that a
negative credit report reflecting on your credit record may be submitted
to a credit-reporting agency if you fail to fulfill the terms of your
credit obligations.
Post-Dated Share Drafts and Checks
The Credit Union will treat all share drafts or checks as
though the share drafts or checks were written on the date presented.
Examination of Statements
The Account Holder(s) to whom the periodic statement of
account is sent agree(s) to exercise reasonable care and promptness in
examining the statement to discover any errors or discrepancies, and to
promptly notify the Credit Union after discovery thereof.
Non-Cash Payments
Non-cash payments deposited into an account may be
credited subject to final payment.
Fees and Charges
All accounts shall be subject to service charges in
accordance with the current Rate and Fee Schedule adopted by the Credit
Union and amended from time to time.
Credit Union's Right to Offset
Account Holder(s) agrees that the Credit Union has the
right to offset against any account of any Account Holder to cover any
amount owing to the Credit Union for any reason. Account Holder(s)
understands that this means that the Credit Union has the right to impress
and enforce a statutory lien against the Account Holder(s')'s shares and
dividends in the event of the failure of the Account Holder(s) to satisfy
any financial obligation due and payable to the Credit Union. Account
Holder(s) understands that the Credit Union may enforce this right without
further notice.
Other Terms and Conditions
The use of an Account is subject to such other terms,
conditions and requirements as the Credit Union may establish from time to
time.
UCC Provisions
This TIS Agreement shall be construed in accordance with
the provisions of the California Uniform Commercial Code (UCC).
å Share
Account Agreement
Transfers to Third Parties
No more than six (6) pre-authorized, automatic, or
telephonic transfers may be made from each savings account or money market
deposit account to another account at the Credit Union or to a third party
in any calendar month, and no more than three (3) of these six (6)
transfers may be made by check, draft, debit card, or similar order
payable to a third party. If an Account Holder exceeds, or attempts to
exceed, these transfer limits, the excess transfer requests may be refused
or reversed, a fee may be imposed on the excess transfer requests, and the
Credit Union may reclassify or close the account. Transfers initiated by
telephone must be counted among the six (6) monthly transfers, except that
there are no limits on the number of withdrawals paid directly to an
Account Holder when initiated by mail, telephone or messenger. There are
no limits on the number of withdrawals if initiated in person.
Withdrawals, Prior Notice Requirement
The Credit Union reserves the right to require prior
written notice of intention to withdraw all or any part of shares not to
exceed the notice requirement as set forth in the Credit Union's bylaws.
Cash withdrawals in excess of $5,000 require 24-hour prior notice.
å Share
Draft Account Agreement
Withdrawals, Approved Methods
Only share draft blanks and other methods approved by the
Credit Union may be used to withdraw funds from a share draft account.
Demand Drafts
The Credit Union may pay and charge to the applicable
share draft account, share drafts drawn by and payable to any person,
organization, association or corporation that has been authorized by an
Account Holder to be paid, by the provision of MICR encoded information on
the account. It is agreed that the Credit Union's rights in respect to
such share drafts shall be the same as if it were a share draft drawn and
signed by an Account Holder(s) personally. This authority shall remain in
effect until revoked by an Account Holder in writing. It is agreed that
the Credit Union shall be fully protected in honoring such share drafts.
It is further agreed that if any such share draft is dishonored, whether
with or without cause, and whether intentionally or inadvertently, the
Credit Union shall incur no liability whatsoever, even though such
dishonor results in the forfeit of insurance, loss or damage of any kind.
Overdrafts
The Credit Union is under no obligation to pay a share
draft that exceeds the balance in an account. If the member has direct
deposit and the draft is presented for payment within five (5) business
days of that direct deposit, the Credit Union may pay such a share draft
and recover or obtain a refund of the amount of the resulting overdraft
plus a service charge from any of the Account Holders of this account,
each of whom expressly agrees that each Account Holder is jointly and
severally liable for any and all overdrafts of this account and any and
all associated costs created by any Account Holder." If the Credit
Union pays an overdraft caused by a share draft, ATM, or ACH transaction
and subsequently receives a deposit to cover that transaction, we will
refund the non-sufficient funds fee, however we may charge a transaction
fee for hand posting.
Stale-Dated Share Drafts
The Credit Union is under no obligation but may pay a
share draft that is presented more than six (6) months after it is dated.
The Credit Union may assess a special handling charge upon receipt of any
such item in addition to a service charge upon the account in accordance
with the fee schedules adopted by the Credit Union and as amended from
time to time.
Stop Payments
Any Account Holder(s) of this account may stop payment of
any item drawn against the account. The Stop Payment Order must describe
the item with reasonable certainty and must be received in such time and
manner as to afford the Credit Union a reasonable opportunity to act upon
it. A Stop Payment Order is effective for six (6) months, but it lapses
after fourteen (14) calendar days if the original order was oral and was
not confirmed in writing within that fourteen (14) day period. The Stop
Payment Order may be renewed in writing for an additional six (6) month
period.
Truncation of Drafts
The Account Holder(s) acknowledges that share drafts are
truncated and hereby waives any and all rights to receive the items
without prejudice to any of the Credit Union's defenses available under
the California Uniform Commercial Code (UCC).
Liability of Credit Union
Except for its own lack of good faith or failure to
exercise ordinary care, the Credit Union is not liable for any action it
takes regarding the payment or nonpayment of a share draft, even if
nonpayment results in the forfeit of insurance, loss or damage of any
kind.
Closure of Account
The Credit Union may close a share draft account at any
time. Closure of a share draft account will not affect the obligation to
pay any outstanding balances or charges owed.
For Share Draft Accounts With Share Overdraft Protection
If any Account Holder(s) writes a share draft that would
result in this Share Draft Account being overdrawn, the Credit Union is
authorized to charge the designated share account(s), regardless of which
party signed the item, in such multiples as determined by the Credit Union
sufficient to permit the Credit Union to honor the share draft and any
associated fees and to credit such charge to this Share Draft Account. No
share draft overdraft may be paid by charging a share account if, as a
result of such charge, that share account would be subject in anyone month
to more than six pre-authorized, automatic or telephonic transfers.
for share Draft Accounts with Loan Overdraft Protection
If any Account Holder(s) writes a share draft which would
result in this Share Draft Account being overdrawn, and if at that time
any Account Holder(s) is eligible to receive loan advances from this
Credit Union on a loan designated on the Overdraft Agreement, the Credit
Union is authorized to make an advance from the designated loan account,
and to credit the advance to this Share Draft Account in such multiples as
determined by the Credit Union sufficient to permit the Credit Union to
honor such share draft and any associated fees.
å Share
Certificate Account Agreement
Pledging of Funds
Share certificates may not be pledged, transferred, or
assigned to any party other than the Credit Union unless otherwise
provided by statute. Shares invested for an Individual Retirement Account
(IRA) or Keogh Plan may not be pledged as security for any loan. The
Credit Union reserves the right to offset this certificate except as
otherwise precluded by law. If the Credit Union offsets funds from this
certificate, the funds withdrawn are subject to the early withdrawal
penalty.
©1994, 1995, 1996, 1997, 1998, 2000, 2006
California Credit Union League All Rights Reserved
Rev. 11/06
|