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From the Office of the CEO
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CONSUMER DEPOSIT ACCOUNT AGREEMENT
YOUR AGREEMENT WITH US
“You” and “Your” refer to anyone who signs the signature card for any deposit account. These terms also refer to any person or entity on whose behalf the account is opened. “We,” “us,” “our”, and “Bank” all refer to Fairfield County Bank. “Check” means a check or other non-cash item we handle for payment, other than an electronic funds transfer or wire transfer.
I. General Rules for All Deposit Accounts.
1.1 YOUR AGREEMENT.
You agree to the terms in this agreement for each deposit account that you maintain. This includes the terms in our Schedule of Interest and Schedule of Charges, which are made part of this agreement. This agreement also includes the terms of any other documents which we designate as part of this agreement. You also agree that you and we have all rights given by law, and you agree that you will not use your account for any purpose that is not legal under Connecticut or federal law.
1.2 AUTHORIZED SIGNATURES.
(a) Written Signatures. For purposes of withdrawal and other account matters, unless we specifically agree otherwise in writing, we can honor any request or order signed by any person whose signature appears on the signature card for the account. If the account owner authorizes a person who is not an owner of the account to conduct transactions from the account, and that person has signed the signature card, we can honor any request or order signed by that person. We may supply endorsements as allowed by law on checks that you deposit to the account.
(b) Facsimile Signatures. You agree that we may pay, and charge your account for, all checks and orders bearing the facsimile signature(s) of the person(s) required to sign such checks and orders, if such facsimile signature(s) resemble the facsimile(s) you have designated, regardless of who placed the facsimile signature(s) on the checks or orders.
(c) Restrictive Legends. Unless we have agreed otherwise in writing, we are not obligated to honor any restrictive legend on checks you write or deposit.
1.3 COLLECTION OF CHECKS.
When you deposit a check to your account, we collect the money from the bank or other party obligated to pay it. We act as your agent to do this. Except to the extent otherwise required by law, we are not responsible for losses which happen during collection of a check that are not caused by our own negligence.
When you cash or deposit a check, we may require that funds equal to the amount of the check remain in your account or another account you have with us until the funds from that check become “available for withdrawal.” See our Check Clearing Policies for an explanation of when funds are “available for withdrawal.” If we receive a check you have written on your account in an amount greater than the funds “available for withdrawal” from your account, we have the right not to pay that check.
If we credit your account or allow you to withdraw the amount of a deposited check and it is returned to us unpaid or we receive a notice of non-payment of the check, we have the right to take that amount from your account or to obtain a refund by any method we deem proper, including the exercise of our right of set-off (see Section 1.9). If the amount of available funds in your account is less than the amount of the check, you are required to pay us the balance.
There are certain checks that we will not cash or accept for deposit. These include checks drawn on banks in foreign countries. We may agree to try to collect the money for you from the bank on which the check is drawn. If we succeed, we will then deposit the money we collect into your account. We may require you to pay any expenses we incur in this process. We may also charge you for this service. The amount of our fee is listed in our Schedule of Charges.
1.4 CHARGES (a) General. You agree to pay the charges listed on our Schedule of Charges. We can change these charges or add new ones upon giving any notice that may be required under Section 1.7.We may take these charges from your account.
(b) Minimum Balance To Waive or Reduce Charges. For certain accounts, we may waive or reduce certain account charges if you maintain a specified minimum balance. The minimum balance rules for waiving or reducing charges for all deposit accounts are described in our Schedule of Charges.
1.5 JOINT ACCOUNTS
(a) Joint Accounts. If this is an account in the names of two or more individuals it will be a joint account with right of survivorship as defined in Section 36a-290 of the Connecticut General Statutes or the successor to that statute. This means that each of you is making this agreement with each other and with us. Each of you agrees that all amounts deposited by any of you, as well as any interest earned or bonus payments earned, can be paid to any one or more of you while you are all alive. After the death of any one or more of you, we can pay any money in the account to any one or more of you who is then alive. Each of you gives to all of the others authority to deposit to the account any check payable to any one or more of you. For certain checks, such as a check payable by the government, we may require all persons to whom the check is payable to endorse the check for deposit. We will not accept an account for individuals that requires the signature of two or more individuals for withdrawals.
If we honor a check which was signed by any one or more of you, and this causes an overdraft, each of you is liable for the overdraft, whether or not you signed the check or benefited from its proceeds.
(b) Limitation on Number of Owners. We have the right to limit the number of owners on any account.
1.6 SWEEP ACCOUNT
Your Checking Account (NOW or non-interest bearing) consists of two subaccounts; a checking subaccount and a money market subaccount. We make transfers between the two subaccounts for internal accounting purposes, but this does not affect your balance or the interest you earn. If your Checking account is an interest bearing account, interest is paid on the collected balance in both the checking subaccount and money market subaccount. One blended annual percentage yield earned is disclosed on the account’s monthly statement.
The transfers between the subaccounts take place as follows:
(1) At the end of each day, the balance in the checking subaccount that exceeds a certain threshold balance is transferred to the money market subaccount.
(2) Then, each day, all checks, debits, and withdrawals are presented against the checking subaccount for payment.
(3) Each day, sufficient funds are transferred back to the checking subaccount from the money market subaccount to pay the charges presented for payment that day.
(4) Because transfers from the money market subaccount are limited by law to six (6) transfers during a monthly statement cycle, this process occurs no more than six times each statement cycle. In the sixth transfer to the checking subaccount, all of the funds in the money market subaccount are transferred. Then, no more transfers are made until the next statement cycle, when the process begins again.
1.7 AMENDMENTS.
(a) Interest Rate.
(i) Savings Certificates. The interest rate (and the resulting annual percentage yield) payable on any Savings Certificate will be the rate(s) established at the opening of the account for the term of that account.
(ii) Variable Rate Accounts. All other accounts are variable rate accounts. This means that your interest rate and annual percentage yield may change. At our discretion we may change the interest rate(s) and resulting annual percentage yield on an account at any time without prior notice to you.
(b) Other Amendments. We can make other amendments to this agreement by posting written notice in our lobbies or by delivery to you of a copy of the amendment(s). Federal and state law and regulations require that we give you notice of most additional or increased charges and certain other changes to the terms of an account which may be adverse to you before those amendments can become effective.
1.8 WAIVER OF YOUR RIGHTS TO “NOTICE OF DISHONOR” AND “PRESENTMENT”.
If another institution refuses to pay a check (called “dishonor”) which you deposited or cashed, we may put the check through for collection again. We will not always give you notice that the check was dishonored before putting the check through for collection again. This means that in this instance you are “waiving” your right to “notice of dishonor.”
In the process of collecting a check which you have deposited to your account, you agree that we may delay in putting the check through for collection. This means that you are “waiving” your right to have us begin the process of “presenting” the check by the next banking day.
1.9 RIGHT OF SET-OFF.
Unless this right is denied to us by law, we can take any funds in your account to pay any debt you owe us that is in default (including unpaid charges). This is called the right of set-off and applies to all funds of yours in our possession now or in the future in any account you maintain with us. We can use this right of set-off without going through any legal process or court proceedings. If this is a joint account, this right of set-off applies to our use of deposits of any of you to pay the debts owed to us by any one or more of you individually or with others. If we exercise this right by taking what you owe us from a savings certificate account, such payment shall be deemed an early withdrawal, and an early withdrawal penalty may be imposed.
1.10 COLLECTION FEES.
If, in the course of collecting any money you may owe us we incur expenses or fees, we may take those from your account, including attorneys’ fees, unless prohibited because a suit was not instituted. If there are not sufficient available funds in your account to cover these expenses or fees, you will owe us the unpaid balance of such fees or expenses.
1.11 IDENTIFICATION.
Our bank complies with Section 326 of the USA PATRIOT Act. This law mandates that we verify certain information about you while processing your account application.
We can require proper identification for check cashing and any account transactions.
1.12 SOCIAL SECURITY NUMBER REQUIRED.
If you fail to give us a correct social security or taxpayer identification number for the account, we can refuse to open an account or close your account or require you to apply for a taxpayer identification number. We can also take from your account any charges of the IRS which result from your error, as allowed by law.
We may also be required by federal law to withhold part of any interest you earn and pay it to the IRS. If we do this, the amount we withhold will be reported to you and the IRS and applied by the IRS to the payment of any federal income tax you owe for that year.
1.13 OUR RIGHT TO CLOSE OR DISCONTINUE, OR LIMIT ACCOUNTS.
We reserve our right to stop offering any particular type of account and to close your account at any time. We will mail you a check for the amount of collected funds on deposit as soon as is practical. We reserve the right to decline to open an account for any person. We have the right to limit the number of accounts owned by any depositor(s).
1.14 ENFORCEMENT OF OUR RIGHTS.
We can choose not to enforce or to delay in enforcing any of our rights under this agreement without losing them in the future.
1.15 ADDRESS.
You must inform us immediately, in writing, of any change in your address. Unless you do so, we may continue to mail statements and any other notices to your address as it appears on our records. If statements mailed to the address the Bank has in its records are returned to the Bank for three consecutive months we may no longer mail the statements to you. Statements will be made available to you.
1.16 STATEMENTS, ERRORS, ALTERATIONS, FORGERIES.
You must examine and balance your periodic statements as soon as you receive them. If you do not let us know of any mistakes within 30 days after you receive a statement, we may consider the checks paid during that statement cycle to be genuine. We may also consider the statement to be correct, except as provided in our Electronic Funds Transfer Agreement which gives you sixty days to report an error concerning an electronic funds transfer. We will not be liable to you for payment of any forged or altered check if you fail to notify us of the forgery or alteration within that thirty day period and your failure causes us to suffer a loss. We won’t be liable for forged or altered checks if the forgery or alteration resulted from your negligence. You may have to bear losses that could have been prevented if you had discovered and told us within the 30 day period of errors or unauthorized transactions.
1.17 USE OF CHECKS AND FORMS.
(a) Checks. We can require that you use only checks we have approved for account use. The only checks we have given our prior approval to are the ones offered to you through us by our approved vendors. If you use a check we have not approved we can refuse to pay the check and charge you the fees listed, if any, in our Schedule of Charges.
(b) Forms. We can require that you use our forms for making deposits, withdrawals and any other account matters.
(c) Deposit of checks. You agree not to deposit any copy of a check other than a substitute check that meets industry standards and is the legal equivalent of the original check. For example, a check deposited to your account one time that is converted to a substitute check, but that is not paid and is returned to you, would generally be the legal equivalent of the original check. However, a substitute check that is created by a company other than a bank (or other depositary institution), and that has not previously been deposited at a bank, would not be the legal equivalent of the original check. You agree that you will be liable for any losses that we suffer because you violated this provision.
1.18 NOT TRANSFERABLE.
Your deposit account is not transferable to anyone, except on our books. You may not voluntarily transfer or pledge your account without our consent. This does not affect a transfer occurring by operation of law, such as that which would occur on death, bankruptcy or as a result of a court order.
1.19 STOP PAYMENT ORDERS.
(a) If you request us to stop payment on a check, we will make a good faith effort to do so. The stop payment order must describe the check with reasonable certainty, and include the account holder’s name, account number, check number, payee name, and dollar amount of the check. If the stop payment order does not do so or if we do not have a reasonable opportunity to act on it, we won’t be liable if we fail to stop payment, or if our payment of the check(s), causes other checks to be returned for insufficient funds. If we do stop payment of a check at your direction, you agree to pay all costs we may incur as a result. An oral stop payment order is good for only 14 days unless, we receive written confirmation from you within that time. A stop payment order is only good for 180 days, but you may renew it by written notice we receive before it expires.
(b) Stop Payment on Electronic Checks. You agree to tell us if you request a stop payment on a check that may have been converted to an electronic fund transfer ("EFT") by the payee. We will not be liable for failing to stop payment (i) if we did not have a reasonable period of time to act before the EFT is paid, (ii) if you failed to notify us that the check was converted to an EFT, or (iii) if you failed to provide us with enough information to identify the transaction.
1.20 RECEIPT OF FUNDS TRANSFER.
A “funds transfer” is a transfer of funds to your account which is not initiated by a check, draft or similar paper instrument issued to you, but by a payment order directed to the institution holding the payor’s funds. Most funds transfers, including regularly recurring transfers such as direct deposit of Social Security payments or wages are governed by our Electronic Funds Transfer (“EFT”) Agreement. Some, like wire transfers, are not. If we receive a “funds transfer” to your account that is not governed by our EFT Agreement, we may, at our discretion, refuse to accept it if it is a “funds transfer” we are not required by law to accept. (Generally, we are required by law to accept “funds transfers” that are not governed by our EFT Agreement.) If we accept a “funds transfer” not governed by our EFT Agreement, we may, at our discretion, send notice by first class mail to your last address as it appears on our records, but we do not agree to send notice (other than your periodic statement, if you get a statement for that account.)
1.21 POSTDATED CHECKS.
If the date on a check is later than the date the check was issued, the check is called “postdated.” We will not look to see if a check is postdated when we determine whether or not to pay the check. We have the right to charge against your account any payment we make on a postdated check before the date on the check, unless you have given us notice of the postdated check. The notice must describe the check with reasonable certainty. If the notice does not do so, or if we do not have a reasonable opportunity to act on the notice, we will not be liable if we pay the check before the date on the check or if such payment causes other checks to be returned for insufficient funds. A notice of a postdated check will never be good beyond the date of the check. An oral notice of a postdated check is good for no longer than 14 days unless we receive written confirmation from you within that time. A written notice of a postdated check is good for no longer than 180 days.
1.22 STALE DATED CHECKS.
We may, at our option, pay a check that is over six months old, but we are not required to do so.
1.23 OVERCREDITED ACCOUNT.
If we credit your account for an amount in excess of the checks or funds actually received for deposit, we may take the excess from your account without prior notice to you.
1.24 CHANGE IN OWNERSHIP.
If you wish to add an owner to, delete an owner from, or otherwise change the ownership of an account, we may require you to close the account, to surrender any passbook or similar account documents, and to open a new account listing the new owners. If the account is a Savings Certificate, we may require you to pay any applicable early withdrawal penalty when you close the account.
1.25 SERVICE OF PROCESS.
If we receive a court order, levy, garnishment, execution or other similar legal process (all of which we call “legal process”) concerning the funds in your account, we may place a “hold” on the funds in your account, for the amount stated in the legal process. We may also place a “hold” on the funds in your account if we reasonably believe we may sustain a loss if we do not impose a “hold” pending the resolution of any dispute, claim or investigation concerning your accounts. A “hold” means you may not withdraw funds and we will not pay checks out of the funds subject to the “hold.” We may also surrender the funds in your account as required by any legal process. We will not be liable if these actions cause checks to be returned for insufficient funds.
1.26 ARBITRATION.
If there is any dispute or claim between you and us relating to your account, and you and we are unable to resolve that dispute after a good faith effort to do so, either you or we can choose to have the dispute settled by binding arbitration by giving the other notice. This notice must be given in the manner required under the Commercial Financial Dispute Arbitration Rules (the “Rules”) of the American Arbitration Association (“AAA”). The arbitration will be conducted pursuant to the Rules and Article 9 of the United States Code. The Arbitration hearings will be held in Hartford or where mutually agreed to by you and us. One or more arbitrator(s) will be appointed by the AAA pursuant to the Rules and will be an attorney or attorneys with experience or knowledge in banking transactions. The arbitrator(s) may grant any remedy or relief that the arbitrator(s) deems just and equitable and within the scope of this Agreement and shall award arbitration fees and expenses to the prevailing party. A judgment may be entered upon the award by any court of competent jurisdiction. Bank and Depositor are voluntarily and knowingly giving up rights to resolve certain claims in court and have a judge or jury decide the case and you are also giving up rights to use a class action in court or in arbitration.
1.27 ENDORSEMENTS.
You agree that all endorsements on any check you deposit to your account will be made in the area designated for endorsements on the reverse side of the check. You agree that you are liable for any loss resulting from a failure to comply with this requirement.
1.28 PAYMENT OF CHECKS.
We will pay checks drawn on your account that are presented for payment on a banking day from other financial institutions in any order we decide. If there are not available funds in the account to pay all of the checks and other charges against the account (such as ATM withdrawals, bank fees, and preauthorized transfers) presented on a banking day, you agree to pay any insufficient or uncollected check/ACH fees or check fees that result based on our payment of checks and other charges in any order we decide.
1.29 THIRD PARTY DRAFTS.
If you authorize a merchant, check writing service or other third party to draw one or more checks or drafts against your account, you agree that you will be responsible for the amount of the checks or drafts. If you want to revoke the third party's authorization you must notify such party in writing. You also agree to request us to stop payment on these transactions. We may require you to close your account and open a new account to prevent future transactions. We will not be liable if you do not do so, and we do not stop payment on the transaction(s) if we did not have a reasonable amount of time to act on your request, or if your request did not provide enough information to identify transaction(s) including the exact check number and dollar amount of the check(s).
1.30 TEMPORARY FDIC INSURANCE COVERAGE PROGRAMS.
On May 20, 2009, President Barack Obama signed the Helping Families Save Their Homes Act, which extends the temporary increase in the standard maximum deposit insurance amount (SMDIA) to $250,000 per depositor through December 31, 2013. This extension of the temporary $250,000 coverage limit became effective immediately upon the President’s signature. The legislation provides that the SMDIA will return to $100,000 on January 1, 2014. Fairfield County Bank is participating in the FDIC’s “Transaction Account Guarantee Program”. Under that program, through June 30, 2010 all noninterest-bearing transaction accounts (includes certain N.O.W. accounts offering an interest rate of .50% or lower) are fully guaranteed by the FDIC for the entire amount in the account. Coverage under the Transaction Account Guarantee Program is in addition to and separate from the coverage available under the FDIC’s general deposit insurance rules. Note that any account having actions that result in funds being transferred to an interest- bearing account or non transaction account (such as a sweep account), void the FDIC’s guarantee of coverage. A current list of accounts offered by Fairfield County Bank that are included in the Transaction Account Guarantee Program are available in branch office
II. Rules Which Apply to All Savings Accounts
2.1 RULES WHICH APPLY TO ALL SAVINGS ACCOUNTS.
(a) Interest. All accounts which earn interest are savings accounts. The rates and other information about how we calculate interest are set forth in the Schedule of Interest.
(b) Minimum Balance to Earn Interest. For certain savings accounts, we require a minimum balance to earn interest. The amounts of these minimum balances are described in the Schedule of Interest. We use the daily balance method to determine if the minimum balance requirement has been met. For accounts with a minimum balance requirement, you will only earn interest on days when your balance is not below the required minimum. You must maintain at least that balance in the account each day to obtain the disclosed annual percentage yield.
(c) Restrictions on Withdrawals. We have the right to require that you give us at least 7 days’ written notice to withdraw funds from any type of Savings, Money Market or NOW account. We would expect, except in unforeseen circumstances, to give advance notice of our intent to impose this requirement. Except for a NOW Account, we can require that you make withdrawals which are made in person only at the office where you opened the account.
2.2 PASSBOOK ACCOUNTS (INCLUDES REGULAR SAVINGS AND MONEY MARKET PASSBOOK).
We record transactions for this account in your passbook or on separate documents. To make a passbook withdrawal, you must present the passbook and verify the balance before you leave. If you lose the passbook, inform us right away.
If you elect to make pre-authorized transfers from this account, we will send you periodic statements and the limitations on pre-authorized transfers that apply to Statement Savings accounts will apply to this account.
Every payment which we make to a person presenting your passbook to us with a signed withdrawal order will be valid, provided we exercise reasonable care. This means that if anyone obtains possession of your passbook and withdraws from your account by forging your signature on a withdrawal form, we will not be liable to you for the amount withdrawn unless you notified us that the passbook was lost prior to the withdrawal or we were negligent in permitting the withdrawal. Our record of transactions to your account is the official bank record of such transactions. If there is a difference between our records and the information in the passbook, we will consider our records to be correct.
2.3 STATEMENT SAVINGS ACCOUNTS (INCLUDES MONEY MARKET STATEMENT SAVINGS).
We will send you a periodic statement for these accounts. To withdraw from your statement savings account, we may require you to show us proper identification and present a withdrawal order.
You may make up to 6 electronic transfers (pre-authorized or telephone), debit card transactions( point of sale transfer) per statement cycle from this account, none of which may be by check, or similar order. Excess transfer of funds may result in penalty fees. Limitations on pre-authorized or telephone transfers are further described in Section 2.5 below.
2.4 MONEY MARKET CHECKING ACCOUNTS.
Our Money Market Checking Accounts are a type of statement savings account from which you are permitted to make up to 6 pre-authorized, telephone or computer transfers per statement cycle by check, draft, or similar order made by you and payable to third parties. Debit Card (Point-of-Sale) transfers are not permitted from these accounts. Limitations on pre-authorized transfers are further described in Section 2.5 below.
2.5 PRE-AUTHORIZED TRANSFERS.
You can make limited pre-authorized, telephone, or computer transfers from our Statement Savings and Money Market Statement Savings accounts. The limitations on pre-authorized transfers do not apply to pre-authorized transfers made to pay loans you have with us or to withdrawals or transfers to another account you maintain with us if made in person or by mail or through an automated teller machine.
If you exceed the limitations on pre-authorized transfers on more than an occasional basis, we may be required to close the account, or convert the account to a NOW account or checking account. You may be charged a penalty as itemized in our Schedule of Charges if you exceed these limitations.
2.6 SAVINGS CERTIFICATE.
(a) The Term. A Savings Certificate is a type of deposit which requires you to leave money in the account for a certain period of time (called the “term”) to earn interest throughout the term at the specified rate. Savings Certificates are subject to penalties for early withdrawal, that is, withdrawal before the “Maturity Date.” The “Maturity Date” is the first day following the last day of the term. These penalties are described in Section 2.6f. When you establish a Savings Certificate, you may select any term that we currently offer, as described in our current Schedule of Interest.
(b) Later Deposits. Later deposits to Savings Certificates are not permitted.
(c) Notice of Maturity. We are required by federal law to send a notice of maturity for all our Savings Certificates with terms greater than one month. We may, in our discretion, also send a notice of maturity for other Savings Certificates.
(d) Automatic Renewal of Savings Certificates. Except for an Interest at Maturity Savings Certificate, if you do not withdraw the funds from the Savings Certificate within the “grace period” of 10 calendar days (1 calendar day for a 31 day Certificate) after maturity, your Savings Certificate account will be automatically renewed as of the Maturity Date of the maturing Savings Certificate for a similar term at the rate of interest we are then paying on Savings Certificates with that term.
If you elect against automatic renewal of your Savings Certificate, you must give us written instructions. You must direct us (1) to renew the Savings Certificate for a term which you specify and which we allow, (2) to deposit the funds in another account you maintain with us, or (3) to mail you a check. We must get your instructions within the grace period. When properly renewed, your new Savings Certificate will begin on the Maturity Date of the maturing Savings Certificate. If the account is closed during the grace period we do not pay interest from the Maturity Date until the date of withdrawal. If, on the Maturity Date we no longer offer the same type of Savings Certificate as your Savings Certificate, and you do not instruct us otherwise, the funds in the account will be placed in a Savings Certificate which we offer, which we, in our discretion, determine is most similar to your Savings Certificate. If you renew a Savings Certificate or a Savings Certificate is automatically renewed, all interest which is on deposit at the time of renewal will become principal of the renewed Savings Certificate.
(e) Interest at Maturity Savings Certificates. At maturity we will, on your instructions, renew your Interest at Maturity Savings Certificate, deposit your funds in another account you maintain with us, or mail you a check. If you do not give us instructions, the funds will be left on deposit and will earn no interest after the end of the term.
(f) Penalty For Early Withdrawal. We will allow withdrawal from your Savings Certificate account before the Maturity Date without penalty in the following events: (1) a court’s declaration of your mental incompetence, or (2) your death.
In all other cases you cannot withdraw all or any part of the deposit before the Maturity Date without our consent. If a Savings Certificate has a term of 30 days to 91 days, the penalty will equal the amount of interest that would have been earned on the account to the date of maturity. If a Savings Certificate has a term of six months to twelve months, the penalty will equal six month’s interest. If the Savings Certificate has a term of more than twelve months, the penalty will equal twelve months’ interest. There is a minimum penalty of 7 days interest on a withdrawal from any CD within 7 days of deposit of the funds withdrawn. We may take all or part of the penalty from the original deposit, if necessary.
III. IRA and SEP Accounts.
These accounts are governed by separate contracts and by the rules in this agreement for the type of IRA or SEP savings account opened.
IV. Rules for NOW Accounts
4.1 SAVINGS ACCOUNT.
A NOW account is a savings account upon which you can draw an unlimited number of checks payable to third parties. The rules for savings accounts described previously in Section 2.1 also apply to a NOW account.
4.2 LIMITATION.
A NOW account may be owned only by individuals for business or personal use or by certain non-profit organizations and governmental entities. For example, an individual can open a NOW account for a sole proprietorship.
V. Rules for Checking Accounts.
5.1 DEMAND DEPOSIT.
A Checking account is a demand deposit account. That means we reserve no right to require notice before withdrawal from checking accounts and permit unlimited numbers of transfers to third parties by check. We will pay no interest on a checking account.
VI. In Trust For (“ITF”) Designation.
The “In Trust For” (“ITF”) designation means that you intend to open an account under section 36a-296(a) of the Connecticut General Statutes (entitled “Deposits in Trust”) or the successor to that statute. The In Trust For designation means that you have full ownership of the account until your death. You, as the owner, must give us your social security number. When you die, the account will belong to the beneficiary you have named if such person is alive when you die. If you have named more than one beneficiary, the account will belong equally to the beneficiaries who are alive when you die.
If this is also a joint account with right of survivorship, when any of the owners of the account dies, any remaining owners will have full joint ownership until their deaths. When the last owner dies, the account belongs to the beneficiaries who are living at that time.
VII. Uniform Transfers to Minors Act (“UTMA”).
If you have opened the account as custodian under the Connecticut Uniform Transfers to Minors Act, your rights and duties are governed by that Act. You must give us the minor’s social security number. You will not be allowed to pledge the account as collateral for a personal loan.
VIII. Fiduciary Designation.
8.1 FIDUCIARY.
A fiduciary is a person or organization named by will, trust or other legal document or appointed by the court to manage the funds or property of another. A fiduciary may be named in a written agreement, such as a trust or a power of attorney, or may be appointed by a court. If you have opened an account as a fiduciary, the funds belong to the trust estate and only the trustee(s) may withdraw funds or otherwise transact business with us for this type of account.
We may require that you give us a certified copy of any trust instrument, court order or decree appointing you as a fiduciary. Whether or not a copy is filed with us, we will not be held responsible for the contents or for any duty you may owe as trustee to any trust beneficiaries. The law and the trust document or court order or decree will define your rights and duties as fiduciary.
8.2 TAX IDENTIFICATION NUMBER.
We may require that you apply for a taxpayer identification number for any account that you open on behalf of a separately taxable entity, such as an estate.
8.3 POWER OF ATTORNEY.
A power of attorney is a legal document signed by a person giving a second person the power to act on the first person’s behalf.
If you are acting under a Power of Attorney, your right to deal with the funds in an account is determined by law and in the power of attorney. You must give us a copy of the power of attorney. The owner of the account may only withdraw funds from the account if he or she has also signed a signature card for the account.
A power of attorney ends when the person who signed it terminates it, dies, has a conservator appointed for his or her estate or, unless the power of attorney specifically provides otherwise, becomes disabled or incompetent.
The owner of an account and the person holding the power of attorney from the owner agree to notify us promptly if the power terminates. When a person holding a power of attorney makes a deposit to or a withdrawal from an account, that person is confirming that the power has not been terminated. We may rely on the power of attorney until we are given written notice that it has been revoked or terminated, and have had a reasonable opportunity to act on that notice.
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