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Account Information and Membership Agreement
This document, along with any other documents we give you pertaining to your account(s), is a contract that establishes rules which control your account(s) with us. Please read this carefully. If you sign the signature card or open or continue to have your account with us, you agree to these rules.You will receive a separate schedule of rates, qualifying balances, and fees if they are not included in this document. If you have any questions, please call us and speak with one of our representatives.
This agreement is subject to applicable federal laws and the laws of the state of Colorado (except to the extent that this agreement can and does vary such rules or laws.) The body of state and federal law that governs our relationship with you, however, is too large and complex to be reproduced here. The purpose of this document is to:
- summarize some laws that apply to common transaction;
- establish rules to cover transactions or events which the law does not regulate:
- establish rules for certain transactions or events which the law regulates but permits variation by agreement: and
- give you disclosures of some of our policies to which you may be entitled or in which you may be interested.
If any provision of this document is found to be unenforceable according to its terms, all remaining provisions will continue in full force and effect. We may permit some variations from our standard agreement, but we must agree to any variation in writing either on the signature card for your account or in some other document.
As used in this document the words “we,” “our,” and “us” mean Colorado Credit Union and the words “you” and “your” mean the account holder(s) and anyone else with the authority to deposit, withdraw, or exercise control over the funds in the account. The headings in this document are for convenience or reference only and will not govern the interpretation of the provisions. Unless it would be inconsistent to do so, words and phrases used in this document should be construed so the singular includes the plural and the plural includes the singular. “Party” means a person who, by the terms of an account, has a present right, subject to request, to payment from the account other than as a beneficiary or agent.
Membership in Colorado Credit Union
To join the Credit Union you must meet the membership requirements including purchase and maintenance of at least one (1) share.You authorize us to check your account, credit and employment history, and obtain reports from third parties, including credit-reporting agencies, to verify your eligibility for the accounts and services you request.
Types of Account Ownership
- Single-Party Account – A single party account is an account owned by one member including any individual, corporation, trust, or other organization qualified for credit union membership.
- Multiple-Party Account – is an account, payable on request to one or more of 2 or more parties.
- UTMA Accounts – Under the Uniform Transfers to Minors Act, the funds in the account are owned by the child who has unconditional use of the account when he or she reaches the age of majority. Before that time, only the custodian (or successor custodian) may access the account, and the funds must be used for the benefit of the child. We, however, have no duty or agreement whatsoever to monitor or insure that the acts of the custodian (or successor custodian) are for the child’s benefit. For this type of account, the child’s SSN/TIN is used for the Backup Withholding Certification.
- Accounts for Minors – We may require any account established by a minor to be a multiple party account with an owner who has reached the age of majority under state law and who shall be jointly and severally liable to us for any returned item, overdraft, or unpaid charges or amounts on such account. We may pay funds directly to the minor without regard to his or her minority. Unless a guardian or parent is an account owner, the guardian or parent shall not have any account access rights. We have no duty to inquire about the use or purpose of any transaction. We will not change the account status when the minor reaches the age of majority, unless authorized in writing by all account owners.
- Business Accounts – We may require proof of business name for depositing verification. We may require the board of directors, members, managers, partners or other governing body of the legal entity opening the account to give us a separate authorization telling us who is authorized to act on its behalf. We will honor the authorization until we actually receive written notice of a change from the legal entity.
- Rights at Death –
a. Single-Party Account – At the death of a party, ownership passes as part of the party’s estate.
b.Multiple-Party Account with Right of Survivorship – At death of a party, ownership passes to surviving parties. If two or more parties survive and one is the surviving spouse of the deceased party, the amount to which the deceased party, immediately before death, was beneficially entitled by law belongs to the surviving spouse. If two or more parties survive and none is the spouse of the decedent, the amount to which the deceased party, immediately before death, was beneficially entitled by law belongs to the surviving parties in equal shares.
c. Multiple-Party Account Without Right of Survivorship – At death of party, deceased party’s ownership passes as part of deceased party’s estate.
d. Single-Party Account with Pay-On-Death Designation – At death of the party, ownership passes to the designated pay-on-death beneficiaries and is not part of the party’s estate.
e. Multiple-party Account With Right of Survivorship and Pay-On-Death Designation – At death of last surviving party, ownership passes to the pay-on-death beneficiaries and is not part of the last surviving party’s estate.
Deposit of Funds Requirements
Deposit of funds may be made to any account, in any manner approved by us in accordance with applicable laws and regulations.
A. Endorsements – At our discretion, you authorize us to accept transfers, checks, drafts, substitute checks (as defined by the Check Clearing for the 21st Century Act referred to as “Check 21”) and other items for deposits into any of your accounts if they are made payable to, the order of, any one or more owners if the credit union chooses to supply such endorsements. With respect to an insurance, government, or other check or draft, we may require endorsement as set forth on the back of the check or draft, or as otherwise set forth on the item. Endorsements must be placed in the space on the back of the check between the top edge and 1.5 inches from the top edge. If you deposit a substitute check under Check 21, you are providing a warranty that all endorsements provided by you or on your behalf are proper and the item is properly payable and absent of any alteration.
B. Collection of Items – We shall not be responsible for deposits made by mail or at an ATM, until the credit union actually receives them. We act only as your agent in handling your deposits and assume no responsibility beyond the exercise of ordinary care. We will not be liable for loss in transit, and each correspondent will only be liable for its own negligence. We reserve the right to send any item for collection.
C. Final Payment – All items or Automatic Clearing House (ACH) transfers credited to your account are provisional and subject to our receipt of final payment. If final payment is not received, we reserve the right to charge your account for the amount of such items or ACH transfers or both and impose a return item charge on your account. If we incur fees to collect any item, we may charge such applicable fees to your account. We reserve the right to refuse or to return all or any item or funds transfer: we shall have the right to charge back against your account all previously deposited items or other negotiable items endorsed by you that are returned to us unpaid, regardless of whether the amount of the item has been available for your use. You authorize us to correct any posting errors to your account if the funds were not properly payable to an account owner.
D. Direct Deposits – If, in connection with a direct deposit plan, we deposit any amount in an 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 the 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.
E. Crediting of Deposits – Deposits made after the deposit cutoff time and deposits made on credit union holidays and on days that are not business days at Colorado Credit Union, will be credited to your account on the next business day. Deposits received at un-staffed facilities such as night depositories will be credited on the day funds are removed and processed by us. Items drawn on an institution located outside the United States are handled on a collection basis only. Amounts will be credited to your account when we receive final payment. You waive any notice of nonpayment, dishonor, or protest regarding any items purchased or received by us for credit to your account or for collection.You authorize us to correct any posting errors to your account if the funds were not properly payable to an account owner.
Methods of Account Access
A. Authorized Signature – We must have an authorized signature of yours on a Membership Application or Signature Card to access any account of yours.You authorize us to recognize your signature, but we will not be liable for refusing to honor any item or instruction of yours if we believe, in good faith, that the signature on such item or instruction is not genuine. You may authorize the use of facsimile signature, but you give permission to us to honor any check or draft that appears to bear your facsimile signature even if it was made by an unauthorized person. If you should give your account number to a third person and authorize us to accept and honor transactions initiated by the third person, you may not hold us liable if the third person initiates transactions on your account you are not aware of.
B. Access Methods – You may make withdrawals or transfers from your account by any means permitted by us (i.e. check, automated teller machines (ATMs), in person, by mail, automatic transfer, ACH, internet access or telephone, as applicable). If we accept any check that is not drawn on a form provided by us, you will be responsible for any loss incurred by us for handling the check. We may return as unpaid any check that is not drawn on the form provided by us. We have the right to review, approve or refuse to accept any Power of Attorney and may restrict any withdrawals or transfers on your account.
C. ACH and Wire Transfers – This agreement is subject to Article 4.5 of the Colorado Uniform Commercial Code. 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 section 4-4.5-403(a) of the Colorado Uniform Commercial Code. 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 or credit, and will not do so. However, we will notify you of the receipt of payments or credits in the statement we provide to you.
Transaction Limitations
A. Withdrawals – Unless clearly indicated otherwise on the account records, any of you, acting alone, who signs in the space designated for signatures on the signature card may withdraw or transfer all or part of the account balance at any time. Each of you (until we receive written notice to the contrary) authorizes each other person signing the signature card to endorse any item payable to you or your order for deposit to this account or any other transaction with us. We may charge your account for a check even though payment was made before the date of the check, unless we have received written notice of the postdating in time to have a reasonable opportunity to act. We may refuse any withdrawal or transfer request which you attempt on forms not approved by us, by any method we do not specifically permit, which is greater in number than the frequency permitted, or which is for an amount greater or less than any withdrawal limitations. Even if we honor a non conforming request, we may treat continued abuse of the stated limitations (if any) as your act of closing the account. We will use the date the transaction is completed by us (as opposed to the date you initiate it) to apply the frequency limitations. The fact that we may honor withdrawal request that overdraw the available account balance does not obligate us to do so later. See the funds availability policy disclosure for information about when you can withdraw funds you deposit. For those accounts for which our funds availability policy disclosure does not apply, you can ask us when you make a deposit when those funds will be available for withdrawal.
B. Transaction Limitations
- Share Account – During any statement period, you may not make more than six withdrawals or transfers to another credit union account of yours or to a third party by means of a preauthorized or automatic transfer or telephonic order or instruction. No more than three of the six transfers may be made by check, draft, debit card (if applicable), or similar order to a third party. If you exceed the transfer limitations set forth above in any statement period, your account will be subject to a $15.00 fee and/or closure by the credit union.
- Money Market Account – During any statement period, you may not make more than six withdrawals or transfers to another credit union account of yours or to a third party by means of a preauthorized or automatic transfer or telephonic order or instruction. No more than three of the six transfer may be made by check, draft, debit card (if applicable), or similar order to a third party. Any such transaction withdrawals must be at least a minimum of $250.00. If you exceed the transfer limitations set forth above in any statement period, your account will be subject to a $15.00 fee and/or closure by the credit union.
- IRA Shares – You may not make any withdrawals or transfers to another credit union account of yours or to a third party by means of preauthorized or automatic transfer, telephonic order or instruction, or similar order to a third party.
- Holiday Club – Account withdrawal limitations apply to this account. You will be charged a withdrawal fee of $10.00 for each withdrawal from the account. The entire balance will be paid to you by check or automatically transferred to another account of yours on or after October 15 of each year and will remain open. You may make transfers or withdrawals in the first seven (7) days after the account is opened without restriction.
C. Transaction Authorizations – Authorization holds may reduce the amount available in your account, Colorado Credit Union has no control over the dollar amount and time that a merchant authorization holds your available funds. You agree that we shall not be liable for withholding any authorization
Overdrafts
Overdraft Liability – If on any day, the funds in your checking or savings account are not sufficient to cover checks, fees or other postings to your account, those amounts will be handled in accordance with our overdraft procedures and or overdraft protection plan you have with us. Our determination of an insufficient account balance may be made at any time between presentation and the time of Colorado Credit Union’s end of day processing with only one review of the account required. We have no duty to notify you of an insufficient funds check. Your account will them be subject to a charge for the item whether paid or returned and any subsequent overdraft processing costs as set froth in the Fee Schedule. At our discretion, we may pay your account into overdraft subject to applicable fees. Except as otherwise agreed in writing, Colorado Credit Union, by covering one or any overdrafts, does not agree to cover overdrafts in the future and may discontinue covering overdrafts at any time without notice. If we pay a check or impose a fee that would otherwise overdraw your account, you agree to pay the overdrawn amount immediately. We reserve the right to pursue collection of previously dishonored items at any time, including giving a payer bank extra time beyond any end off day processing deadlines.
A. Overdraft Protection Plan – If we have approved an overdraft protection plan for you, we will honor checks drawn on insufficient funds in your account by transferring the necessary funds from another account under this Agreement or a loan account, as you have directed. The fee for overdraft transfers, if any, is set forth in the Fee Schedule. Transfers from an account will be governed by this agreement. Transfers from a loan account will be governed by the applicable loan agreement. If your account reflects an authorization hold, your credit line may be reduced. This overdraft protection plan can not be used to make payments on Colorado Credit Union loans.
B. Overdraft Protection Program – Colorado Credit Union offers a courtesy pay overdraft protection program which is designed to cover inadvertent overdrafts in an individual’s checking account. Items that are approved for payment may include checks, point of sale transactions and ACH debits. Each paid item will be assessed a fee that is equivalent to the fee paid for returning an item as non-sufficient funds. This is not a line of credit and must be paid within 30 days of the account being overdrawn. Members who anticipate overdrawing their account on a recurring basis are encouraged to request an overdraft line of credit with higher dollar limits based on standard credit qualifications. A member may opt-out of the overdraft protection program by contacting us at the address or telephone numbers listed herein. We have the option to increase the courtesy pay aggregate limit to provide additional service to a member as deemed appropriate for the member’s account relationship.
C. If a negative balance in a savings or checking account is not resolved within 30 days, we may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report.
Postdated and Stale Dated Drafts
You authorize us to accept and pay any check without regard to the date of the check even if the check is presented for payment before its date.You agree not to deposit checks or other items before they are properly payable. We are under no obligation to you to pay a check drawn on your account, which is presented more than six (6) months after its date.
Stop Payments
A. You must make any stop-payment order in the manner required by law and we must receive it in time to give us a reasonable opportunity to act on it.You may stop payment on any item drawn on your account whether you sign the item or not. Only the person who initiated the stop-payment order may make a release of the stop-payment request. To be effective, your stop-payment order must precisely identify the number, date, amount of the item, and the payee. If you give us incorrect information, we will not be responsible for failing to stop payment on the check.
B. Duration of Order – A stop payment order will be effective for six (6) months from the date of the stop payment order or until canceled by an account holder in writing. We are not obligated to notify you when a stop payment order expires.
C. Liability – We may charge a fee for each check for which a stop payment order is requested as set forth in the Fee Schedule.You may not stop payment on any certified check, Official Check or any other check, draft, or payment guaranteed by us unless there is a lost or stolen circumstance.You agree that any claim of loss is not enforceable until after the 90th day following the date of the check or its certification.You agree that Colorado Credit Union, at its discretion, may not issue a replacement check until the 90th day. You should be aware that while payment of the item may be stopped, you may remain liable to any person, including Colorado Credit Union, who is a holder of the item despite the stop payment order.You agree to indemnify and hold us harmless from all costs, including attorney’s fees, damages or claims related to Colorado Credit Union action in refusing payment of an item, including claims of any multiple party account owner, payee or endorsee in failing to stop payment of an item as a result of incorrect information provided by you. We may require the purchase of an indemnity bond.
Other Items
A. Taxpayer Identification Numbers and Backup Withholding – A taxpayer identification number (TIN) must be provided at the time of new account opening as a membership application requirement and must remain on the account. The TIN may be in the form of Social Security Number (SSN), Individual Taxpayer Identification Number (TIN) or an Employer Identification Number (EIN). In the event that an applicant provides documentation that a TIN request has been submitted to the appropriate federal agency, a non-dividend bearing savings account may be opened, at the discretion of the credit union, with no other credit union services provided, until such time when the TIN is provided to the credit union. The TIN must be provided to us within 60 days. A foreign resident’s dividends are subject to reporting to the IRS. If your account is or becomes subject to backup withholding, Colorado Credit Union, is required by law to withhold and pay to the Internal Revenue Service (IRS) a required percentage of payments of dividends, interest and other payments under certain conditions. Your failure to furnish a correct taxpayer identification number (TIN) or meet other applicable requirements may result in backup withholding or termination of your account.
B. STATEMENTS – You must examine your statement of account with “reasonable promptness.” If you discover (or reasonably should have discovered) any unauthorized signatures or alterations, you must promptly notify us of the relevant facts. As between you and us, 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 used ordinary care and, if not, whether we contributed to the loss). The loss could be, not only with respect to items on the statement, but other items with unauthorized signatures or alterations 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 will not, in any circumstance, exceed a total of 30 days from when the statement is first sent or 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 first send or make the statement available, you cannot assert a claim against us on any items in that statement, and as between you and us the loss will be entirely yours. This 60-day limitation is without regard to whether we used ordinary care. The limitation in this paragraph is in addition to that contained in the first paragraph of this section. If a periodic statement is provided, you agree that only one statement is necessary for a multiple party account.
C. Notices
- Name or Address Changes – It is your responsibility to notify us of address changes or legal name change, with supporting documentation. We are only required to attempt to communicate with you at the most recent address you have provided to us. If we receive notification from the U.S. Postal Service that your mail is undeliverable, we may, at our option, change your address on file with us with the information provided by the U.S. Postal Service. We require change of addresses from you, to be in writing. If we attempt to locate you, we may impose a service fee as set forth in the Fee Schedule.
- Notice of Amendments – Except as otherwise prohibited by applicable law, the terms of this Agreement are subject to change at any time at the discretion of Colorado Credit Union. We will notify you of any changes in terms, rates, or fees as required by law. We reserve the right to waive any term in this Agreement. Any such waiver shall not affect our right to enforce any right in the future.
- Effect of Notice – Any written notice you give to us is effective when it is actually received. Any written notice we give you is effective when it is deposited in the U.S. Mail, postage prepaid and addressed to you at your statement mailing address. Electronic notices become effective when we electronically mail them to you or post a notice on our website that information is now available to you. Notice to any one account owner is considered notice to all owners of the account.
D. Credit Union Lien and Security Interests – To the extent that you owe us as a borrower, guarantor, endorser, or otherwise, we have a lien on any or all of the funds in any account in which you have ownership interest, regardless of the source of funds, unless prohibited by law.You authorize government payments and deposits made to your account can be used for the repayment of any obligation owed to Colorado Credit Union. We may apply these funds in any order to pay off your indebtedness. If we choose not to enforce this lien, we do not waive our rights to enforce the lien at a later time. In addition, you grant us a consensual security interest in your accounts and agree we may use the funds from your accounts to pay any debt or amount now or hereafter owed us, except for obligations secured by your residence, if prohibited by applicable law. We may use the services of a third party(s) to assist in the collection of any indebtedness owed to the credit union.
E. Inactive Accounts – If you have not made a withdrawal from, deposit to, or transfer involving your account for more than the period specified in the Fee Schedule, we may classify your account as an inactive account. Unless prohibited by applicable law, we may charge a service fee set forth on the Fee Schedule for processing your inactive account. If we impose a fee, we will notify you, as required by law, at your last known address. You authorize us to transfer funds from another account of yours to cover any service fees, if applicable. To the extent allowed by law, we reserve the right to transfer the account funds to an account payable and to suspend any further account statements. If a deposit or withdrawal has not been made on the account and we have had no other sufficient contact with you within the period specified by state law, the account will be presumed to be abandoned. Funds in abandoned accounts will be reported and remitted in accordance with state law. Once funds have been turned over to the state, we have no further liability to you for such funds and if you choose to reclaim such funds, you must apply to the appropriate state agency.
F. Termination of Account – Subject to applicable law, we may terminate your account at any time without notice to you or may require you to close your account and apply for a new account if: (1) there is a change in owners or authorized signers; (2) there has been a forgery or fraud reported or committed involving your account; (3) there is a dispute as to the ownership of the account or of the funds in the account; (4) any share drafts are lost or stolen; (5) there are excessive returned unpaid items not covered by an overdraft protection plan; (6) there has been any misrepresentation or any other abuse of any of your accounts; or (7) we reasonably deem it necessary to prevent a loss to us; (8) the account has been utilized to conduct illegal transactions; (9) continuation of the account is prohibited by law or regulation. You may terminate a single party account by giving written notice. We reserve the right to require the consent of all owners to terminate a multiple party account. We are not responsible for payment of any draft, withdrawal, or other item after your account is terminated, however, if we pay an item after termination, you agree to reimburse us.
G. Termination of Membership – You may terminate your membership at Colorado Credit Union after giving notice of your intent to withdraw from membership. You may be denied services or expelled from membership for any reason allowed by applicable law, including causing a loss to Colorado Credit Union, providing false or inaccurate information to obtain an account, or failure to maintain the minimum share balance.
H. Death of Account Owner – We may continue to honor all transfer orders, withdrawals, deposits and other transactions on an account until we are notified of a member’s death. Once we are notified of a member’s death, we may pay drafts or honor other payments or transfer orders authorized by the deceased member for a period of (10) days after that date unless we receive instructions from any person claiming an interest in the account to stop payment on the drafts or other items. We may require anyone claiming a deceased owner’s account funds to indemnify us for any losses resulting from our honoring that claim. This Agreement will be binding upon any heirs or legal representatives of any account owner.
I. Special Account Instructions – You may request us to facilitate certain trust, will or court-ordered account arraignments. However, because we do not give legal advice, we cannot council you as to which account arrangement most appropriately meets the specific requirements of your trust, will or court order. If you ask us to follow any instructions that we believe might expose us to claims, lawsuits, expenses, liabilities, or damages, whether directly or indirectly, we may refuse to follow your instructions or may require you to indemnify us or post a bond or other protection. Account changes requested by you, or any account owner; such as adding or closing an account or service must be evidenced by a signed form and appropriate documentation which is acceptable to us.
J. Liability – You agree (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. You authorize us to deduct these charges directly from the account balance as accrued.You will pay any additional reasonable charges for services you request which are not covered by this agreement.
You agree to be liable for any account shortage resulting from charges or overdrafts, whether caused by you or another with access to this account. This liability is due immediately, and can be deducted directly from the account balance whenever sufficient funds are available. You have no right to defer payment of this liability, and you are liable regardless of whether you signed the item or benefited from the charge or overdraft. This includes liability for our costs to collect the deficit including, to the extent permitted by law, our reasonable attorneys’ fees. With respect to multiple-party account(s), each of you will be jointly and severally liable for any amounts owed to us arising from your use of the account, including any amounts owing for returned items, overdrafts, costs or charges, regardless of who initiated or benefited from the transaction.
K. Legal Process – If any legal action is brought against your account, we may pay out funds according to the terms of the action or refuse any payout until the dispute is resolved. Any expenses or attorney fees we incur responding to legal process may be charged against your account without notice, unless prohibited by law. Any legal process against your account is subject to our lien and security interest.
L. Severability – If a court holds any portion of this Agreement to be invalid or unenforceable, the remainder of this Agreement shall remain valid or enforceable and will continue in full force and effect. All headings are intended for reference only and are not to be construed as part of the Agreement.
M. Enforcement – You are liable to us for any loss, cost or expense we incur resulting from your failure to follow this Agreement. You authorize us to deduct any such loss, costs or expenses from your account without prior notice to you. If we bring a legal action to collect any amount due under or to enforce this Agreement, we shall be entitled, subject to applicable law, to payment of reasonable attorney’s fees and costs, including fees on any appeal, bankruptcy proceedings, and any post-judgment collection actions.
N. Governing Law – This Agreement is governed by the Bylaws of Colorado Credit Union, Federal laws and regulations, and regulations of the state in which Colorado Credit Union’s main office is located (Colorado), and local clearinghouse rules, as amended from time to time.To the extent permitted by applicable law, you agree that any legal action regarding the Agreement shall be brought in the state and country in which we are located. Colorado Credit Union will comply with Federal Government and State of Colorado requirements such as: Office of Foreign Asset Control (OFAC), USA Patriot and Bank Secrecy Acts, and any other programs requiring a Federal Credit Union’s involvement.
Electronic Funds Transfers Your Rights and Responsibilities
The following information details your rights and responsibilities under law governing Electronic Fund Transfers (EFT) as they apply to your accounts at the credit union that are established primarily for personal, family or household purposes. Please read this disclosure carefully to be familiar with your rights and responsibilities for EFT transactions. It is important to retain this notice for future reference.
Types of Electronic Fund Transfers
Electronic Check Conversion/Electronic Returned Check Fees – If you pay for something with a check you may be authorizing your check to be converted to an electronic fund transfer. You will also be authorizing merchants to electronically debit your account for returned check fees. You are considered to have authorized these electronic funds transfers if you complete the transaction after being told (orally or by a notice posted or sent to you) that the transfer may be processed electronically or if you sign a written authorization.
Preauthorized Withdrawals – You make arrangements for certain direct deposits to be accepted into your checking or savings account(s). Often direct deposits are processed through an Automated Clearing House network (ACH) which was preauthorized by you. Examples of direct deposits include pay
checks, Social Security and other government benefits, allotments, retirement benefits and dividends.
Telephone Transfers (QuickLink) – You may access your account by telephone 24 hours a day, seven days a week, by calling (303) 978-2600 or out of
state toll free 1-800-368-6890 by using your personal Identification number (PIN), a Touch Tone phone, and your account numbers to:
- Transfer funds from savings to checking accounts(limit 6 per month)
- Transfer funds to make loan payments, or
- Obtain account information
ATM Access Cards – the types of transactions and dollar limitations are set by the financial institution which owns the actual automated teller machine (ATM) and/or the servicing network it is linked with. You may access your account(s) through an ATM by using a card with ATM access capabilities and inputting your personal identification number (PIN) to:
- Make withdrawals from your savings or checking account(s)
- Make deposits into your savings or checking account(s) (at participating ATM locations)
- Transfer funds between savings and checking account(s)
- Obtain balances on your savings or checking account(s)
- You may withdraw up to a total of $400.00 from ATM terminals each day.
- We may from time to time authorize you to use your Card and/or Code for additional types of permissible transactions, or we may delete types of permissible transactions, or change or add rules, regulations and limitations applicable thereto. All transactions involving the use of your Card and/or Code are subject to verification by us.
ATM/Debit Cards – you may perform the functions listed under ATM Access Cards. In addition, you may access your checking account to purchase goods (in person), pay for services (in person), and obtain cash advances from participating merchants and financial institutions. The online dollar limitation for cash advances using your check cards must not exceed $1,500 per business day.
Accounts using Cards and /or PINs – You cannot use the card and/or PIN to transfer money into or out of your account until we have validated it. If you do not want the use of the card, please destroy it by cutting it in half and notifying us immediately. Your PIN is issued for security purposes. It should remain confidential and not be disclosed to a third party.
Electronic Services – Colorado Credit Union provides online banking, telephone banking and other electronic services such as online bill payment. Information and disclosures on Electronic Services are made available to you at www.ccu.org or by asking a member service representative.
Charges for Electronic Fund Transfers
- We do not charge for direct deposits to any type of account(s).
- We do not charge for preauthorized withdrawals from any type of account(s).
- We do not charge for transactions or inquiries performed through the audio teller.
- Charges associated with the use of your ATM or Debit card are listed in the Fee Schedule. When using an ATM that is not owned or operated by Colorado Credit Union you may be charged a “foreign” ATM fee or out-of-network fee. Colorado Credit Union has no control over these charges and they are charged to you at the time of withdrawal. You will be given the option to stop the transaction by not accepting these charges assessed to you by the owner/operator of the ATM. Charges associated with transactions at shared service centers or related to account activity are included in our Fee Schedules.
Business Day Disclosure
Our business hours are Monday through Friday 7:30 am to 6:00 pm.
Right to Documentation
- Terminal Transactions – you will get a receipt at the time you make any transaction or transfer to or from your account using any ATM or Point-of-Sale terminal
- Preauthorized Credits – if you have arranged to have direct deposit (other than payroll deduction deposits) made to your account at least once every 60 days from the same person or company, the person or company making the deposits will tell you every time they send us the money. There may be certain instances where the person or company does not tell you when they send us the money. In either instance, you may call us at (303) 978-2274 or 1-800-878-2274 to find out whether or not the deposit has been made.
- Periodic Statements – you will receive a monthly statement unless there are no transactions in a particular month. In any case, you will get the statement at least quarterly
Right to Stop Payment
- 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 by calling or writing us at the telephone number or address listed in this disclosure in time for us to receive your request three business days or more before the payment is scheduled to be made. You may also stop payment on an item(s) via internet access. 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. Please refer to our Fee Schedule for the amount we will charge you for each stop payment order you give.
- Notice of Varying Amounts – If these regular payments may vary in amount, the person you are going to pay will tell you 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.)
- Liability for Failure to Stop Payment of Preauthorized Transfer – If you order us to stop one of these payments three business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages.
Our Liability
Liability for Failure to Make Transfers – If we do not complete a transfer to or from your 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 if:
- through no fault of ours, you do not have enough funds available in your account to make the transfer.
- the transfer would exceed the credit limit on your line of credit.
- the automated teller machine where you are requesting cash does not have enough cash.
- the terminal or system was not working properly and you knew about the breakdown when you started the transfer.
- your VISA Check Card or ATM Card is retrieved or retained by the ATM.
- your card or PIN has been lost or stolen and we have blocked the account.
- circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions we have taken.
- your account is in default.
- the funds are subject to legal process or other encumbrance restricting such transfer.
- account ownership cannot be verified by switch network.
- there may be other exceptions stated in our agreement with you.
Disclosures of Account Information to Third Parties
We will disclose information to third parties about your account or the transfers you make:
- Where it is necessary for completing transfers; or
- In order to verify the existence and condition of your account for a third party, such as a credit reporting agency or merchant; or
- In order to comply with government agency or court orders; or
- If you give us written permission.
Unauthorized Use. You are responsible for all EFT transactions you authorize. If you permit someone else to use an EFT service, your Card or your access code, you are responsible for any transactions they authorize or conduct on any of your accounts.
- ATM Debit/Access Cards. Tell us AT ONCE if you believe your card has been lost or stolen or if you believe someone has used your Card or access code. You will notify us in person, orally, or in writing, of the loss, theft or possible unauthorized use of your Card at the address or phone number set forth below. Until you notify us, you will be liable for the lessor of $50.00 or the amount of money, property, labor or services obtained by the unauthorized use of your Card. “Unauthorized use” means the use of a credit/debit card by a person, other than the cardholder, who does not have actual, implied, or apparent authority for such use, and from which the cardholder received no benefits. If your card is lost or stolen under circumstances where you are free from fault, you will have no liability for any unauthorized use of your Card.
- Telephone Transfers (QuickLink), Home Banking and Other EFT Transactions. For all other EFT transactions, your liability for unauthorized transactions is determined as follows:
If you tell us within two (2) business days, you can lose no more than $50 if someone used your Personal Identification Number (PIN) or code without your permission. If you do NOT tell us within two (2) business days after you learn of the loss of theft of your PIN or code, and we can prove that we could have stopped someone from using your PIN or code without your permission if you had told us, you could lose as much as $500.00.
Also, if your statement shows transfers that you did not make, tell us at once. If you do NOT tell us within sixty (60) days after the statement was mailed to you, you may not get back any money lost after the sixty (60) days if we can prove that we could have stopped someone from making the transfers if you had told us in time. If a good reason (such as a hospital stay) kept you from telling us, we will extend the time periods.
If you believe your PIN or code has been lost or stolen or that someone has transferred or may transfer money from your account without your permission call:
(303) 978-2274 or out of state 1-800-828-2274 or write to:
Colorado Credit Union
Card Services
PO Box 270010
Littleton, CO 80127-001
If you permit someone to use your Card, or have access to your PIN or code, and that person used your Card, PIN or code, we will treat this as though you have authorized the person to use your Card, PIN or code.You must then give us written notice revoking the person’s authority to use your Card, PIN or code, and this notice will only be effective as to transactions made after midnight on the next business day following the business day on which we received the written notice.You will be liable for fraudulent use of your Card, PIN or code or your account in any situation where we can demonstrate that you acted alone or with others in an attempt to defraud us.
Error Resolution
In case of errors or questions about your electronic transfers, call or write us at the telephone number or address listed in this disclosure, 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.
- Tell us your name and account number.
- 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.
- 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 10 business days. We will determine whether an error has occurred within 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 45 days to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days (20 business days if your account has been open for 30 days or less) for the amount you think is in error. This provisional credit enables you to have the use of the money during the time it takes us to complete the investigation. If the error concerns an electronic transfer that is (1) a foreign-initiated transaction, (2) point of sale debit card transaction, or (3) a transaction occurring within the first 30 days after a deposit to a new account, a 90-day investigation period in place of 45 days will apply. Please note that if we ask you to put your complaint or question in writing and we do not receive it within 10 business days of our request, we may
not credit your account. We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.
a name="fundsavail">Your Ability to Withdraw Funds
This policy statement applies to share “transaction” accounts. Transaction accounts, in general, are accounts, which permit an unlimited number of payments to third persons and an unlimited number of telephone and preauthorized transfers to other accounts of yours with us. Checking accounts are the most common transaction accounts. Feel free to ask us whether any of your other accounts might also be under this policy.
Our policy is to make funds from your cash and check 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 the funds are available, you can withdraw them in cash and we will use the funds to pay checks that you have written.
Please remember that even after we have made funds available to you, and you have withdrawn the funds, you are still responsible for checks you deposit that are returned to us unpaid and for any other problems involving your deposit. 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 4:00 p.m. 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 at or after 4:00 p.m. or on a day we are not open, we will consider that the deposit was made on the next business day we are open.
If we cash a check for you that is drawn on another financial institution, we may withhold the availability of a corresponding amount of funds that are
already in your account. Those funds will be available at the time funds from the check we cashed would have been available if you had deposited it.
If we accept for deposit a check that is drawn on another financial institution, we may make funds from the deposit available for withdrawal immediately but delay your availability to withdraw a corresponding amount of funds that you have on deposit in another account with us.The funds in the other account would then not be available for withdrawal until the time periods that are described elsewhere in this disclosure for the type of check that you deposited.
Night depository shall be deemed received on same business day. ATMs that are owned by Colorado Credit Union shall be deemed received same business day. ATMs that we do not own shall be deemed received on the next business day.
Fund Availability 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. The first $100 of your deposits, however, may 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 would 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 any one day.
- You redeposit a check that has been returned unpaid.
- You have overdrawn your account repeated in the last six months.
- There is an emergency, such as failure of computer or communications 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 eleventh business day after the day of your deposit.
Truth-In-Savings Disclosure
Checking Account (Share Draft Account)
- Rate information – Currently not a dividend earning account. This does not apply.
- Compounding and crediting – Currently not a dividend earning account. This does not apply.
- Average daily balance method – Currently not a dividend earning account. This does not apply.
- Accrual of dividends on non-cash deposits – Currently not a dividend earning account. This does not apply.
- Minimum balance requirement – The minimum opening deposit for this account is $25.00. Thereafter, there is no minimum balance requirement for this account.
- Transaction limitations – No transactions apply to this account unless otherwise stated in the Common Features section.
Premier Checking Account
- Rate information – The dividend rate and annual percentage yield may change every dividend period. We may change the dividend rate for your account as determined by the credit union board of directors.
- Compounding and crediting – Dividends will be compounded every month. Dividends will be credited to your account every month.
- Dividend period – The dividend period is the period of time at the end of which an account earns dividend credit. The dividend period is monthly and begins on the first calendar day of the period and ends on the last calendar day of the period.
- Minimum balance requirement – The minimum balance to open this account is $2,000.00. You must maintain a minimum daily balance of $2.000.00 in your account each day to obtain the disclosed annual percentage yield. If on any day during the dividend period the minimum balance is below $2,000.00, no dividends will be paid on your account for that day.You must also maintain the daily minimum balance of $2,000.00 to avoid a below balance fee of $4.00 per month.
- Daily balance computation method – Dividends are calculated by the daily balance method which applies a daily periodic rate to the balance in the account each day.
- Accrual of dividends on non-cash items – Dividends will begin to accrue on the business day you place non-cash items (for example, checks) to your account.
- Transaction limitations – No transaction limitations apply to this account unless otherwise stated in the Common Features section.
Share Account
- Rate Information – The dividend rate and annual percentage yield may change monthly. We may change the dividend rate for your account as determined by the credit union board of directors.
- Compounding and crediting – Dividends will be compounded every month. Dividends will be credited to your account every month.
- Dividend period – The dividend period is the period of time at the end of which an account earns dividend credit. The dividend period is monthly and begins on the first calendar day of the period and ends on the last calendar day of the period.
- Minimum balance requirements – The minimum balance required to open this account is $5.00.You must maintain a minimum average daily balance of $5.00 in your account each day to obtain the disclosed annual percentage yield.
- Average daily balance computation method – Dividends are calculated by the average daily balance method. The average daily balance is determined by adding the full amount of principal in the account for each day of the period and dividing that figure by the number of days in the period.
- Accrual of dividends on non-cash deposits – Dividends will begin to accrue on the business day you place non-cash items (for example, checks) to your account.
- Transaction limitations – During the statement period, you may not make more than six withdrawals or transfers to another credit union account of yours or to a third party by means of a preauthorized or automatic transfer or telephonic order or instruction. No more than three of the six transfers may be made by check, draft, debit card (if applicable), or similar order to a third party. If you exceed the transfer limitations set forth above in any statement period, your account will be subjected to a $15.00 fee and/or closure by the credit union.
- Par value of a share – The par value of a share in this account is $5.00.
Money Market Account (MMA)
- Rate information – The dividend rate and annual percentage yield may change at any time. We may change the dividend rate for your account as determined by the credit union board of directors.
- Compounding and crediting – Dividends will be compounded every month. Dividends will be credited to your account every month.
- Dividend period – The dividend period is the period of time at the end of which an account earns dividend credit. The dividend period is monthly and begins on the first calendar day of the period and ends on the last calendar day of the period.
- Minimum balance requirements – The minimum balance required to open this account is $2,500.00. You must maintain a minimum daily balance of $2500.00 in your account each day to obtain the disclosed annual percentage yield. During any day, in a dividend period the minimum balance is below $2,500.00, no dividends will be paid on your account for that day.
- Daily balance computation method – Dividends are calculated by the daily balance method which applies a daily periodic rate to the balance in the account each day.
- Accrual of dividends on non-cash deposits – Dividends will begin to accrue on the business day you place non-cash items (for example, checks) to your account.
- Transaction limitations – During any statement period, you may not make more than six withdrawal or transfers to another credit union account of yours or to a third party by means of a preauthorized or automatic transfer or telephonic order or instruction. No more than three of the six transfers may be made by check, draft, debit card (if applicable), or similar order to a third party. Any such transaction withdrawals must be at least a minimum of $250.00. If you exceed the transfer limitations set forth above in any statement period, your account will be subject to a $15.00 fee and /or closure by the credit union.
IRA Share Account
- Rate information – The dividend rate and annual percentage yield may change every dividend period. We may change the dividend rate for your account as determined by the credit union board of directors.
- Compounding and crediting – Dividends will be compounded every month. Dividends will be credited to your account every month.
- Dividend period – The dividend period is the period of time at the end of which an account earns dividend credit. The dividend period is monthly and begins on the first calendar day of the period and ends on the last calendar day of the period.
- Minimum balance requirements – The minimum balance to open this account is $100.00. You must maintain a minimum average daily balance of $100.00 in your account each day to obtain the disclosed annual percentage yield.
- Average daily balance computation method – Dividends are calculated by the average daily balance method. The average daily balance is determined by adding the full amount of principal in the account for each day of the period and dividing that figure by the number of days in the period.
- Accrual of dividends on non-cash deposits – Dividends will begin to accrue on the business day you place non-cash items (for example, checks) to your account.
- Transaction limitations – You may not make any withdrawals or transfers to another credit union account of yours or to a third party by means of preauthorized or automatic transfer, telephonic order or instruction, or similar order to a third party.
Holiday Club Account
- Rate information – The dividend rate and annual percentage yield may change every dividend period. We may change the dividend rate for your account as determined by the credit union board of directors.
- Compounding and crediting – Dividends will be compounded every month. Dividends will be credited to your account every month.
- Dividend period – The dividend period is the period of time at the end of which an account earns dividend credit. The dividend period begins on the first calendar day of the period and ends on the last calendar day of the period.
- Minimum balance requirement – No minimum balance requirements apply to this account.
- Average daily balance computation method – Dividends are calculated by the average daily balance method. The average daily balance is determined by adding the full amount of principal in the account for each day of the period and dividing that figure by the number of days in the period.
- Accrual of dividends on non-cash deposits – Dividends will begin to accrue on the business day you place non-cash items (for example, checks) to your account.
- Transaction limitations – Account withdrawal limitations apply to this account.You will be charged a withdrawal fee of $10.00 for each withdrawal from the account. The entire balance will be paid to you by check or automatically transferred to another account of yours on or after October 15 of each year and will remain open. You may make transfers or withdrawals in the first seven days after the account is opened without restriction.
Term Share Certificate
- Rate information – The dividend rate with an Annual Percentage Yield disclosed will be paid until first maturity. The Annual Percentage Yield is based on the assumption that dividends will remain on deposit until maturity.
- Compounding frequency – Unless otherwise paid, dividends will be compounded every month.
- Crediting frequency – Dividends will be credited to your account every month. Alternatively, you may choose to have dividends paid to you or another account of yours every month rather than credited to this account.
- Dividend period – – The dividend period is the period of time at the end of which an account earns dividend credit. The dividend period is monthly and begins on the first calendar day of the period and ends on the last calendar day of the period.
- Minimum balance requirement – The minimum balance required to open this account is $500.00. You must maintain a minimum average daily balance of $500.00 in your account each day to obtain the disclosed annual percentage yield.
- Average daily balance computation method – Dividends are calculated by the average daily balance method. The average daily balance is determined by adding the full amount of principal in the account for each day of the period and dividing that figure by the number of days in the period.
- Accrual of dividends on non-cash deposits – Dividends will begin to accrue on the business day you place non-cash items (for example checks) to your account.
- Transaction limitations – After the account is opened, you may not make additions into the account until the maturity date stated on the account.You may make withdrawals with a minimum amount of $500.00. A penalty will be imposed on the total amount withdrawn. Dividends may be withdrawn before maturity if you make arrangements with us for periodic payments of dividends in lieu of a credit.
- Maturity – Your account will mature as indicated on your account receipt or renewal notice.
- Early withdrawal penalties (a penalty will be imposed for withdrawals before maturity)
-If your account has an original maturity of two years or less:
- The penalty we will impose is 90 days dividends on amount withdrawn.
-If your account has an original maturity of more than two years:
The penalty we will impose is 180 days dividends on amount withdrawn.
How the penalty works – The penalty is calculated as a forfeiture of part of the dividends that have been or would be earned on the account. It applies whether or not the dividends have been earned. In other words, if the account has not yet earned enough dividends or if the dividend has already been paid, the penalty will be deducted from the principal.
Exceptions to early withdrawal penalties – At our option, we may pay the account before maturity without imposing an early withdrawal penalty under the following circumstances:
-When an account owner dies or is determined legally incompetent by a court or other body of competent jurisdiction.
-Where the account is an Individual Retirement Account (IRA) and any portion is paid within seven (7) days after establishment; or where the account is a Keogh Plan (Keogh) provided that the depositor forfeits an amount of at least equal to the simple dividends earned in the amount withdrawn; or where the account is an IRA or Keogh and the owner attains age 59 1/2 or become disabled.
Automatically renewable account – This account will automatically renew at maturity. You may prevent renewal if you notify us of your intention not to renew before maturity (or within the grace period mentioned below, if any) or you withdraw the funds in the account at maturity (or within the grace period mentioned below, if any). We can prevent renewal if we mail notice to you at least 20 calendar days before maturity. If either you or we prevent renewal, dividends will not accrue after final maturity.
Each renewal term will be the same as the original term, beginning on the maturity date. The dividend rate will be the same we offer on new term share accounts on the maturity date which have the same term, minimum balance (in any) and other features as the original term share account.
You will have a grace period of seven (7) days after maturity to withdraw the funds without being charged and early withdrawal penalty.
Nontransferable/Nonnegotiable – This account is nontransferable and nonnegotiable. The funds in your account may not be pledged to secure any obligation of an owner, except obligations with the credit union.
Common Features
- Bylaw requirements – You must complete payment of $5.00 in your Share account as a condition of admission to membership.
- Transaction limitation – We reserve the right to at any time require not less than seven days notice in writing before each withdrawal from a dividend bearing account other than a time deposit, or from any savings account as defined by Regulation D.
- Nature of dividends – Dividends are paid from current income and available earnings, after required transfers to reserves at the end of a dividend period. (This disclosure further explains the dividend feature of your non-term share account(s).)
- National Credit Union Share Insurance Fund – Member accounts in this credit union are federally insured by the National Credit Union Share Insurance Fund.
- Fees – are set forth in the Fee Schedule.
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