Important Information About Your
Flushing Bank Business Accounts
Efective January 2023
Small enough to know you.
Large enough to help you.®
TABLE OF CONTENTS
Page
TERMS AND CONDITIONS OF YOUR ACCOUNT ........................................................................................................................................... 2
Important Information About Procedures for Opening a New Account................................................................................................................ 2
Agreement ........................................................................................................................................................................................................... 2
Arbitration ............................................................................................................................................................................................................ 2
Liability................................................................................................................................................................................................................. 2
Deposits............................................................................................................................................................................................................... 2
Withdrawals ......................................................................................................................................................................................................... 3
Understanding and Avoiding Overdraft and Nonsufficient Funds (NSF) Positions ............................................................................................. 3
Business, Organization and Association Accounts ............................................................................................................................................. 4
Stop Payments .................................................................................................................................................................................................... 4
Telephone Transfers ........................................................................................................................................................................................... 4
Amendments and Termination ............................................................................................................................................................................ 4
Correction of Clerical Errors ................................................................................................................................................................................ 5
Notices................................................................................................................................................................................................................. 5
Statements .......................................................................................................................................................................................................... 5
Account Transfer ................................................................................................................................................................................................. 5
Reimbursement of Federal Benefit Payments..................................................................................................................................................... 5
Temporary Account Agreement........................................................................................................................................................................... 5
Setoff ................................................................................................................................................................................................................... 5
Restrictive Legends or Indorsements .................................................................................................................................................................. 5
Facsimile Signatures ........................................................................................................................................................................................... 6
Check Processing................................................................................................................................................................................................ 6
Check Cashing .................................................................................................................................................................................................... 6
Indorsements....................................................................................................................................................................................................... 6
Death or Incompetence ....................................................................................................................................................................................... 6
Fiduciary Accounts .............................................................................................................................................................................................. 6
Credit Verification ................................................................................................................................................................................................ 6
Legal Actions Affecting Your Account ................................................................................................................................................................. 6
Account Security.................................................................................................................................................................................................. 7
Instructions From You ......................................................................................................................................................................................... 7
Claim of Loss....................................................................................................................................................................................................... 7
Early Withdrawal Penalties.................................................................................................................................................................................. 7
Changes in Name and Contact Information ........................................................................................................................................................
7
Resolving Account Disputes
................................................................................................................................................................................ 7
Waiver of Notices ................................................................................................................................................................................................ 8
Truncation, Substitute Checks, and Other Check Images................................................................................................................................... 8
Remotely Created Checks................................................................................................................................................................................... 8
Unlawful Internet Gambling Notice ...................................................................................................................................................................... 8
Funds Transfers .................................................................................................................................................................................................. 8
Pledges................................................................................................................................................................................................................ 9
Power of Attorney ................................................................................................................................................................................................ 9
Stale-Dated Checks............................................................................................................................................................................................. 9
Dormant Accounts ............................................................................................................................................................................................... 9
FDIC Insurance ................................................................................................................................................................................................. 10
Unclaimed Property ........................................................................................................................................................................................... 10
Cash Transaction Reporting.............................................................................................................................................................................. 10
Backup Withholding/TIN Certification ................................................................................................................................................................ 10
Lost, Destroyed, or Stolen Certified, Cashier’s or Teller’s Checks.................................................................................................................... 10
Changing Account Products .............................................................................................................................................................................. 10
Transactions by Mail.......................................................................................................................................................................................... 10
Check Storage and Copies................................................................................................................................................................................ 10
International ACH Transactions......................................................................................................................................................................... 10
ACH and Wire Transfers ................................................................................................................................................................................... 10
MOBILE BANKING...........................................................................................................................................................................................11
YOUR ABILITY TO WITHDRAW FUNDS ........................................................................................................................................................ 11
SPECIFIC ACCOUNT DETAILS....................................................................................................................................................................... 12
Complete Business Checking Account.............................................................................................................................................................. 12
Complete Business Checking Plus Account...................................................................................................................................................... 12
Lease Security Checking Account..................................................................................................................................................................... 13
Business Power Money Market ......................................................................................................................................................................... 13
Business Certificate of Deposit.......................................................................................................................................................................... 13
Business Bump-Up Certificate of Deposit ......................................................................................................................................................... 14
Common Features ............................................................................................................................................................................................ 14
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TERMS AND CONDITIONS
OF YOUR ACCOUNT
IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING A NEW ACCOUNT - To help the government fight the funding
of terrorism and money laundering activities, federal law requires all financial institutions to obtain, verify, and record information that
identifies each person who opens an account.
What this means for you: When you open an account, we will ask for your name, address, date of birth, and other information that will allow
us to identify you. We may also ask to see your driver’s license or other identifying documents.
AGREEMENT - This document, along with any other documents we give you pertaining to your account(s), is a contract (also referred to as
“this agreement”) that establishes rules which control your account(s) with us. Please read this carefully and retain it for future reference. If
you open the account (whether in-person, electronically, or by any other method permitted by us) or continue to use the account after
receiving a notice of change or amendment, you agree to these rules. You will receive a separate schedule of rates, qualifying balances,
and fees if they are not included in this agreement. If you have any questions, please ask us.
This agreement is subject to applicable federal laws, the laws of the state of New York and other applicable rules such as the operating
letters of the Federal Reserve Banks and payment processing system rules (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 agreement is to:
(1) summarize some laws that apply to common transactions;
(2) establish rules to cover transactions or events which the law does not regulate;
(3) establish rules for certain transactions or events which the law regulates but permits variation by agreement; and
(4) 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 agreement 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. Nothing in this agreement is intended to vary our duty to act in good faith and with
ordinary care when required by law.
As used in this agreement the words “we,” “our,” and “us” mean the financial institution 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. However, this
agreement does not intend, and the terms “you” and “your” should not be interpreted, to expand an individual’s responsibility for an
organization’s liability. If this account is owned by a corporation, partnership or other organization, individual liability is determined by the
laws generally applicable to that type of organization. The headings in this agreement 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 agreement should be
construed so the singular includes the plural and the plural includes the singular.
ARBITRATION - Any dispute arising out of or relating to this Agreement, or any alleged breach thereof, shall be resolved by final and
binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. The arbitration will be
conducted in the state of New York by a single arbitrator who is experienced in banking law and agreed upon by the parties. A judgment
based upon the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
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, without notice to you, 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.
Each of you also agrees to be jointly and severally (individually) 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 we can deduct any amounts deposited
into the account and apply those amounts to the shortage. 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.
You will be liable for our costs as well as for our reasonable attorneys’ fees, to the extent permitted by law, whether incurred as a result of
collection or in any other dispute involving your account. This includes, but is not limited to, disputes between you and another joint owner;
you and an authorized signer or similar party; or a third party claiming an interest in your account. This also includes any action that you or a
third party takes regarding the account that causes us, in good faith, to seek the advice of an attorney, whether or not we become involved
in the dispute. All costs and attorneys’ fees can be deducted from your account when they are incurred, without notice to you.
DEPOSITS - We will give only provisional credit until collection is final for any items, other than cash, we accept for deposit (including items
drawn “on us”). Before settlement of any item becomes final, we act only as your agent, regardless of the form of indorsement or lack of
indorsement on the item and even though we provide you provisional credit for the item. We may reverse any provisional credit for items
that are lost, stolen, or returned. Unless prohibited by law, we also reserve the right to charge back to your account the amount of any item
deposited to your account or cashed for you which was initially paid by the payor bank and which is later returned to us due to an allegedly
forged, unauthorized or missing indorsement, claim of alteration, encoding error, counterfeit cashier’s check or other problem which in our
judgment justifies reversal of credit. You authorize us to attempt to collect previously returned items without giving you notice, and in
attempting to collect we may permit the payor bank to hold an item beyond the midnight deadline. Actual credit for deposits of, or payable in,
foreign currency will be at the exchange rate in effect on final collection in U.S. dollars. We are not responsible for transactions by mail or
outside depository until we actually record them. If you deliver a deposit to us and you will not be present when the deposit is counted, you
must provide us an itemized list of the deposit (deposit slip). To process the deposit, we will verify and record the deposit, and credit the
deposit to the account. If there are any discrepancies between the amounts shown on the itemized list of the deposit and the amount we
determine to be the actual deposit, we will notify you of the discrepancy. You will be entitled to credit only for the actual deposit as
determined by us, regardless of what is stated on the itemized deposit slip. We will treat and record all transactions received after our “daily
cutoff time” on a business day we are open, or received on a day we are not open for business, as if initiated on the next business day that
we are open. At our option, we may take an item for collection rather than for deposit. If we accept a third-party check or draft for deposit,
we may require any third-party indorsers to verify or guarantee their indorsements, or indorse in our presence.
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WITHDRAWALS -
Important terms for accounts where more than one person can withdraw - Unless clearly indicated otherwise on the account records,
any of you, acting alone, who signs to open the account or has authority to make withdrawals may withdraw or transfer all or any part of the
account balance at any time. Each of you (until we receive written notice to the contrary) authorizes each other person who signs or has
authority to make withdrawals to indorse any item payable to you or your order for deposit to this account or any other transaction with us.
Postdated checks - A postdated check is one which bears a date later than the date on which the check is written. We may properly pay and
charge your account for a postdated 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. Because we process checks mechanically, your notice will not be
effective and we will not be liable for failing to honor your notice unless it precisely identifies the number, date, amount and payee of the item.
Checks and withdrawal rules - If you do not purchase your check blanks from us, you must be certain that we approve the check blanks
you purchase. We may refuse any withdrawal or transfer request which you attempt on forms not approved by us or by any method we do
not specifically permit. We may refuse any withdrawal or transfer request which is greater in number than the frequency permitted by our
policy, or which is for an amount greater or less than any withdrawal limitations. We will use the date the transaction is completed by us (as
opposed to the date you initiate it) to apply any frequency limitations. In addition, we may place limitations on the account until your identity
is verified.
Even if we honor a nonconforming request, we are not required to do so later. If you violate the stated transaction limitations (if any), in our
discretion we may close your account or reclassify your account as another type of account. If we reclassify your account, your account will
be subject to the fees and earnings rules of the new account classification.
If we are presented with an item drawn against your account that would be a “substitute check,” as defined by law, but for an error or defect
in the item introduced in the substitute check creation process, you agree that we may pay such item.
Cash withdrawals - We recommend you take care when making large cash withdrawals because carrying large amounts of cash may pose
a danger to your personal safety. As an alternative to making a large cash withdrawal, you may want to consider a cashier’s check or similar
instrument. You assume full responsibility of any loss in the event the cash you withdraw is lost, stolen, or destroyed. You agree to hold us
harmless from any loss you incur as a result of your decision to withdraw funds in the form of cash.
Multiple signatures, electronic check conversion, and similar transactions - An electronic check conversion transaction is a transaction
where a check or similar item is converted into an electronic fund transfer as defined in the Electronic Fund Transfers regulation. In these
types of transactions the check or similar item is either removed from circulation (truncated) or given back to you. As a result, we have no
opportunity to review the signatures or otherwise examine the original check or item. You agree that, as to these or any items as to which
we have no opportunity to examine the signatures, you waive any requirement of multiple signatures.
Notice of withdrawal - We reserve the right to require not less than 7 days’ notice in writing before each withdrawal from an interest-
bearing account, other than a time deposit or demand deposit, or from any other savings deposit as defined by Regulation D. (The law
requires us to reserve this right, but it is not our general policy to use it.) Withdrawals from a time account prior to maturity or prior to any
notice period may be restricted and may be subject to penalty. See your separately provided notice of penalty for early withdrawal.
UNDERSTANDING AND AVOIDING OVERDRAFT AND NONSUFFICIENT FUNDS (NSF) POSITIONS -
Determining your available balance - We use the “available balance” method to determine whether your account is overdrawn, that is,
whether there is enough money in your account to pay for a transaction. Importantly, your “available” balance may not be the same as your
account’s “actual” balance. This means an overdraft or an NSF transaction could occur regardless of your account’s actual balance.
Your account’s actual balance (sometimes called the ledger balance) only includes transactions that have settled up to that point in time,
that is, transactions (deposits and payments) that have posted to your account. The actual balance does not include outstanding
transactions (such as checks that have not yet cleared and electronic transactions that have been authorized but which are still pending).
The balance on your periodic statement is the ledger balance for your account as of the statement date.
As the name implies, your available balance is calculated based on the money “available” in your account to make payments. In other
words, the available balance takes ACH credit transactions and debit card transactions that have been authorized, but not yet settled, and
adds or subtracts them from the actual balance. In addition, when calculating your available balance, any “holds” placed on deposits that
have not yet cleared are also subtracted from the actual balance. For more information on how holds placed on funds in your account can
impact your available balance, read the subsection titled “A temporary debit authorization hold affects your account balance.”
Overdrafts - You understand that we may, at our discretion, honor withdrawal requests that overdraw your account. However, the fact that
we may honor withdrawal requests that overdraw the account balance does not obligate us to do so later. So you can NOT rely on us to pay
overdrafts on your account regardless of how frequently or under what circumstances we have paid overdrafts on your account in the past.
We can change our practice of paying, or not paying, discretionary overdrafts on your account without notice to you. You can ask us if we
have other account services that might be available to you where we commit to paying overdrafts under certain circumstances, such as an
overdraft protection line-of-credit or a plan to sweep funds from another account you have with us. We may use subsequent deposits,
including direct deposits of social security or other government benefits, to cover such overdrafts.
Payment types - Some, but not necessarily all, of the ways you can access the funds in your account include debit card transactions,
automated clearing house (ACH) transactions, and check transactions. All these payment types can use different processing systems and
some may take more or less time to post. This information is important for a number of reasons. For example, keeping track of the checks
you write and the timing of the preauthorized payments you set up will help you to know what other transactions might still post against your
account. For information about how and when we process these different payment types, see the “Payment order of items” subsection
below.
Balance information - Keeping track of your balance is important. You can review your balance in a number of ways including reviewing
your periodic statement, reviewing your balance online, accessing your account information by phone, or coming into one of our branches.
Funds availability - Knowing when funds you deposit will be made available for withdrawal is another important concept that can help you
avoid being assessed fees or charges. Please see our funds availability disclosure (generally titled, “Your Ability to Withdraw Funds”) for
information on when different types of deposits will be made available for withdrawal. For an account to 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. An item may be
returned after the funds from the deposit of that item are made available for withdrawal. In that case, we will reverse the credit of the item.
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We may determine the amount of available funds in your account for the purpose of deciding whether to return an item for insufficient funds
at any time between the times we receive the item and when we return the item or send a notice in lieu of return. We need only make one
determination, but if we choose to make a subsequent determination, the account balance at the subsequent time will determine whether
there are insufficient available funds.
A temporary debit authorization hold affects your account balance - On debit card purchases, merchants may request a temporary
hold on your account for a specified sum of money when the merchant does not know the exact amount of the purchase at the time the card
is authorized. The amount of the temporary hold may be more than the actual amount of your purchase. Some common transactions where
this occurs involve purchases of gasoline, hotel rooms, or meals at restaurants. When this happens, our processing system cannot
determine that the amount of the hold exceeds the actual amount of your purchase. This temporary hold, and the amount charged to your
account, will eventually be adjusted to the actual amount of your purchase, but it could be three calendar days, or even longer in some
cases, before the adjustment is made. Until the adjustment is made, the amount of funds in your account available for other transactions will
be reduced by the amount of the temporary hold.
DUE TO CHANGES IN NEW YORK STATE LAW WE ARE INFORMING YOU OF THE POSTING ORDER OF CHECKS AND SIMILAR
ITEMS
Payment order of items - The order in which items are paid is important if there is not enough money in your account to pay all of the items
that are presented. The payment order can affect the number of items overdrawn or returned unpaid and the amount of the fees you may
have to pay. To assist you in managing your account, we are providing you with the following information regarding how we process those
items.
Our policy is to process ACH (Automated Clearing House) transactions first-credits first, debits second in the order of lowest to highest for
the day on which they are processed. We process preauthorized internal transfers second-in the order the transfer record was initiated by
you. We process checks and similar items in the order in which they are received during nightly processing which usually occurs between
9:00 PM and 10:00 PM. If a check is dishonored for insufficient funds and thereafter smaller checks which could be paid are received, the
smaller checks shall be honored within amounts on deposit in the subject account.
We process the following transactions in real time as they occur:
ATM, Online Banking and telephone transactions, debit PIN or on us items such as teller withdrawals at any Flushing Bank retail
locations initiated by you are processed in real-time if there is a sufficient available balance in the account to pay them.
Debit Card purchases initiated by you at a merchant as they are received throughout the day.
Wire transfer transactions initiated by you the same business day.
Bill Pay transactions are processed as they occur during the day for scheduled payments.
If a check, item or transaction is presented without sufficient funds in your account to pay it, we may, at our discretion, pay the item (creating
an overdraft) or return the item for insufficient funds (NSF). We will not charge you a fee for paying an overdraft of an ATM or everyday debit
card transaction if this is a consumer account and you have not opted-in to that service. The amounts of the overdraft and NSF fees are
disclosed elsewhere, as are your rights to opt into overdraft services for ATM and everyday debit card transactions, if applicable. We
encourage you to make careful records and practice good account management. This will help you to avoid creating items without sufficient
funds.
BUSINESS, ORGANIZATION AND ASSOCIATION ACCOUNTS - Earnings in the form of interest, dividends, or credits will be paid only
on collected funds, unless otherwise provided by law or our policy. You represent that you have the authority to open and conduct business
on this account on behalf of the entity. We may require the governing body of the 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 governing body of the entity.
STOP PAYMENTS - The rules in this section cover stopping payment of items such as checks and drafts. Rules for stopping payment of
other types of transfers of funds, such as consumer electronic fund transfers, may be established by law or our policy. If we have not
disclosed these rules to you elsewhere, you may ask us about those rules.
A stop-payment order must be given in the manner required by law and must be received in time to give us a reasonable opportunity to act
on it. Because the most effective way for us to execute a stop-payment order is by using an automated process, to be effective the order
must precisely identify the number, date and amount of the item, and the payee. We will honor a stop-payment request by the person who
signed the particular item, and, by any other person, even though such other person did not sign the item.
Generally, if your stop-payment order is given to us in writing it is effective for six months. Your order will lapse after that time if you do not
renew the order in writing before the end of the six-month period. If the original stop-payment order was oral your stop-payment order will
lapse after 14 calendar days if you do not confirm your order in writing within that time period. We are not obligated to notify you when a
stop-payment order expires.
If you stop payment on an item and we incur any damages or expenses because of the stop payment, you agree to indemnify us for those
damages or expenses, including attorneys’ fees. You assign to us all rights against the payee or any other holder of the item. You agree to
cooperate with us in any legal actions that we may take against such persons. You should be aware that anyone holding the item may be
entitled to enforce payment against you despite the stop-payment order.
TELEPHONE TRANSFERS - A telephone transfer of funds from this account to another account with us, if otherwise arranged for or
permitted, may be made by the same persons and under the same conditions generally applicable to withdrawals made in writing.
Limitations on the number of telephonic transfers from a savings account, if any, are described elsewhere.
AMENDMENTS AND TERMINATION - We may change any term of this agreement. For such changes, we will give you reasonable notice
in writing or by any other method permitted by law. We may also suspend or terminate a service or close this account at any time upon
reasonable notice to you and, if we close the account, tender of the account balance personally or by mail. Reasonable notice depends on the
circumstances, and in some cases, such as when we cannot verify your identity or we suspect fraud, it might be reasonable for us to give you
notice after the change or account closure becomes effective. For instance, if we suspect fraudulent activity with respect to your account, we
might immediately freeze or close your account and then give you notice. If we have notified you of a change in any term of your account and
you continue to have your account after the effective date of the change, you have agreed to the new terms.
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When you close your account, you are responsible for leaving enough money in the account to cover any outstanding items to be paid from
the account.
Items presented for payment after the account is closed may be dishonored.
Note: Rules governing changes in interest rates are provided separately in the Truth-in-Savings disclosure or in another document. In
addition, for changes governed by a specific law or regulation, we will follow the specific timing and format notice requirements of those laws
or regulations.
CORRECTION OF CLERICAL ERRORS - Unless otherwise prohibited by law, you agree, if determined necessary in our reasonable
discretion, to allow us to correct clerical errors, such as obtaining your missing signature, on any account documents or disclosures that are
part of our agreement with you. For errors on your periodic statement, please refer to the STATEMENTS section.
NOTICES - Any written notice you give us is effective when we actually receive it, and it must be given to us according to the specific
delivery instructions provided elsewhere, if any. We must receive any notice in time to have a reasonable opportunity to act on it. If a notice
is regarding a check or other item, you must give us sufficient information to be able to identify the check or item, including the precise
check or item number, amount, date and payee. Notice we give you via the United States Mail is effective when it is deposited in the United
States Mail with proper postage and addressed to your mailing address we currently have on file. Notice we give you through your email of
record, or other electronic method to which you agreed, will be treated as delivered to you when sent. Notice to any of you is notice to all of
you.
STATEMENTS - Your duty to report unauthorized signatures (including forgeries and counterfeit checks) and alterations on
checks and other items - You must examine your statement of account with “reasonable care and promptness.” If you discover (or
reasonably should have discovered) any unauthorized signatures (including forgeries and counterfeit checks) 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 bear the entire loss.
Your loss could be not only with respect to items on the statement but other items with unauthorized signatures or alterations by the same
wrongdoer. We lose these protections if you establish that we failed to exercise ordinary care in paying an item with an unauthorized
signature or alteration.
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 14 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 or alterations 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.
Your duty to report other errors or problems - In addition to your duty to review your statements for unauthorized signatures and
alterations, you agree to examine your statement with reasonable promptness for any other error or problem - such as an encoding error or
an unexpected deposit amount. Also, if you receive or we make available either your items or images of your items, you must examine them
for any unauthorized or missing indorsements or any other problems. You agree that the time you have to examine your statement and
items and report to us will depend on the circumstances. However, this time period shall not exceed 60 days. Failure to examine your
statement and items and report any errors to us within 60 days of when we first send or make the statement available precludes you from
asserting a claim against us for any errors on items identified in that statement and as between you and us the loss will be entirely yours.
Duty to notify if statement not received - You agree to immediately notify us if you do not receive your statement by the date you
normally expect to receive it. Not receiving your statement in a timely manner is a sign that there may be an issue with your account, such
as possible fraud or identity theft. Absent a lack of ordinary care by us, a failure to receive your statement in a timely manner does not
extend the time you have to conduct your review under this agreement.
ACCOUNT TRANSFER - This account may not be transferred or assigned without our prior written consent.
REIMBURSEMENT OF FEDERAL BENEFIT PAYMENTS - If we are required for any reason to reimburse the federal government for all
or any portion of a benefit payment that was directly deposited into your account, 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 available legal remedy to recover the amount of our liability.
TEMPORARY ACCOUNT AGREEMENT - If the account documentation indicates that this is a temporary account agreement, each
person who signs to open the account or has authority to make withdrawals (except as indicated to the contrary) may transact business on
this account. However, we may at some time in the future restrict or prohibit further use of this account if you fail to comply with the
requirements we have imposed within a reasonable time.
SETOFF - You each agree that we may (when permitted by law) set off the funds in this account against any due and payable debt any of
you owe us now or in the future. If this account is owned by one or more of you as individuals, we may set off any funds in the account
against a due and payable debt a partnership owes us now or in the future, to the extent of your liability as a partner for the partnership
debt. If your debt arises from a promissory note, then the amount of the due and payable debt will be the full amount we have demanded, as
entitled under the terms of the note, and this amount may include any portion of the balance for which we have properly accelerated the due
date.
This right of setoff does not apply to this account if prohibited by law. For example, the right of setoff does not apply to this account if: (a) it is
an Individual Retirement Account or similar tax-deferred account, or (b) the debt is created by a consumer credit transaction under a credit
card plan (but this does not affect our rights under any consensual security interest), or (c) the debtor’s right of withdrawal only arises in a
representative capacity, or (d) social security or supplemental security income payments are deposited directly into this account pursuant to
an agreement with us which permits such direct deposit without presentation to you at the time of deposit. We will not be liable for the
dishonor of any check when the dishonor occurs because we set off a debt against this account. You agree to hold us harmless from any
claim arising as a result of our exercise of our right of setoff.
RESTRICTIVE
LEGENDS OR INDORSEMENTS - The automated processing of the large volume of checks we receive prevents us from
inspecting or looking for restrictive legends, restrictive indorsements or other special instructions on every check. For this reason, we are not
required to honor any restrictive legend or indorsement or other special instruction placed on checks you write unless we have agreed in
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writing to the restriction or instruction. Unless we have agreed in writing, we are not responsible for any losses, claims, damages, or expenses
that result from your placement of these restrictions or instructions on your checks. Examples of restrictive legends placed on checks are
“must be presented within 90 days” or “not valid for more than $1,000.00.” The payee’s signature accompanied by the words “for deposit only”
is an example of a restrictive indorsement.
FACSIMILE SIGNATURES - Unless you make advance arrangements with us, we have no obligation to honor facsimile signatures on
your checks or other orders. If we do agree to honor items containing facsimile signatures, you authorize us, at any time, to charge you for
all checks, drafts, or other orders, for the payment of money, that are drawn on us. You give us this authority regardless of by whom or by
what means the facsimile signature(s) may have been affixed so long as they resemble the facsimile signature specimen filed with us, and
contain the required number of signatures for this purpose. You must notify us at once if you suspect that your facsimile signature is being
or has been misused.
CHECK PROCESSING - We process items mechanically by relying almost exclusively on the information encoded in magnetic ink along
the bottom of the items. This means that we do not individually examine all of your items to determine if the item is properly completed,
signed and indorsed or to determine if it contains any information other than what is encoded in magnetic ink. You agree that we have
exercised ordinary care if our automated processing is consistent with general banking practice, even though we do not inspect each item.
Because we do not inspect each item, if you write a check to multiple payees, we can properly pay the check regardless of the number of
indorsements unless you notify us in writing that the check requires multiple indorsements. We must receive the notice in time for us to have
a reasonable opportunity to act on it, and you must tell us the precise date of the check, amount, check number and payee. We are not
responsible for any unauthorized signature or alteration that would not be identified by a reasonable inspection of the item. Using an
automated process helps us keep costs down for you and all account holders.
CHECK CASHING - We may charge a fee for anyone that does not have an account with us who is cashing a check, draft or other
instrument written on your account. We may also require reasonable identification to cash a check, draft or other instrument. We can decide
what identification is reasonable under the circumstances and such identification may be documentary or physical and may include
collecting a thumbprint or fingerprint.
INDORSEMENTS - We may accept for deposit any item payable to you or your order, even if they are not indorsed by you. We may give
cash back to any one of you. We may supply any missing indorsement(s) for any item we accept for deposit or collection, and you warrant
that all indorsements are genuine.
To ensure that your check or share draft is processed without delay, you must indorse it (sign it on the back) in a specific area. Your entire
indorsement (whether a signature or a stamp) along with any other indorsement information (e.g. additional indorsements, ID information,
driver’s license number, etc.) must fall within 1
1
/
2
” of the “trailing edge” of a check. Indorsements must be made in blue or black ink, so that
they are readable by automated check processing equipment.
As you look at the front of a check, the “trailing edge” is the left edge. When you flip the check over, be sure to keep all indorsement
information within 1
1
/
2
” of that edge.
YOUR INDORSEMENT MUST
BE WITHIN THIS AREA
Name
Address, City, State
Pay to the
order of
$
7654
20
dollars
Bank Name
and Location
Memo
123456789 7654
Keep your indorsement
out of this area.
1
1
/2"
FRONT OF CHECK
BACK OF CHECK
TRAILING EDGE
It is important that you confine the indorsement information to this area since the remaining blank space will be used by others in the
processing of the check to place additional needed indorsements and information. You agree that you will indemnify, defend, and hold us
harmless for any loss, liability, damage or expense that occurs because your indorsement, another indorsement or information you have
printed on the back of the check obscures our indorsement.
These indorsement guidelines apply to both personal and business checks.
DEATH OR INCOMPETENCE - You agree to notify us promptly if any person with a right to withdraw funds from your account(s) dies or is
adjudicated (determined by the appropriate official) incompetent. We may continue to honor your checks, items, and instructions until: (a)
we know of your death or adjudication of incompetence, and (b) we have had a reasonable opportunity to act on that knowledge. You agree
that we may pay or certify checks drawn on or before the date of death or adjudication of incompetence for up to ten (10) days after your
death or adjudication of incompetence unless ordered to stop payment by someone claiming an interest in the account.
FIDUCIARY ACCOUNTS - Accounts may be opened by a person acting in a fiduciary capacity. A fiduciary is someone who is appointed to
act on behalf of and for the benefit of another. We are not responsible for the actions of a fiduciary, including the misuse of funds. This
account may be opened and maintained by a person or persons named as a trustee under a written trust agreement, or as executors,
administrators, or conservators under court orders. You understand that by merely opening such an account, we are not acting in the
capacity of a trustee in connection with the trust nor do we undertake any obligation to monitor or enforce the terms of the trust or letters.
CREDIT VERIFICATION - You agree that we may verify credit and employment history by any necessary means, including preparation of
a credit report by a credit reporting agency.
LEGAL ACTIONS AFFECTING YOUR ACCOUNT - If we are served with a subpoena, restraining order, writ of attachment or execution,
levy, garnishment, search warrant, or similar order relating to your account (termed "legal action" in this section), we will comply with that
legal action as required by applicable law. However, nothing in this agreement shall be construed as a waiver of any rights you may have
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under applicable law with regards to such legal action. Subject to applicable law, we may, in our sole discretion, choose to freeze the assets
in the account and not allow any payments or transfers out of the account until there is a final court determination regarding the legal action.
We may do these things even if the legal action involves less than all of you. In these cases, we will not have any liability to you if there are
insufficient funds to pay your items because we have withdrawn funds from your account or in any way restricted access to your funds in
accordance with the legal action and applicable law. Any fees or expenses we incur in responding to any legal action (including, without
limitation, attorneys' fees, and our internal expenses) may be charged against your account, unless otherwise prohibited by applicable law.
The list of fees applicable to your account(s) - provided elsewhere - may specify additional fees that we may charge for responding to
certain legal actions.
ACCOUNT SECURITY -
Your duty to protect account information and methods of access - Our policy may require methods of verifying your identity before
providing you with a service or allowing you access to your account. We can decide what identification is reasonable under the
circumstances. For example, process and identification requirements may vary depending on whether they are online or in person.
Identification may be documentary or physical and may include collecting a fingerprint, voiceprint, or other biometric information.
It is your responsibility to protect the account numbers and electronic access devices (e.g., an ATM card) we provide you for your accounts.
You should also safeguard your username, password, and other access and identifying information when accessing your account through a
computer or other electronic, audio, or mobile device or technology. If you give anyone authority to access the account on your behalf, you
should exercise caution and ensure the trustworthiness of that agent. Do not discuss, compare, or share information about your account
numbers with anyone unless you are willing to give them full use of your money. An account number can be used by thieves to issue an
electronic debit or to encode your number on a false demand draft which looks like and functions like an authorized check. If you furnish
your access device or information and grant actual authority to make transfers to another person (a family member or coworker, for
example) who then exceeds that authority, you are liable for the transfers unless we have been notified that transfers by that person are no
longer authorized. Your account number can also be used to electronically remove money from your account, and payment can be made
from your account even though you did not contact us directly and order the payment.
You must also take precaution in safeguarding your blank checks. Notify us at once if you believe your checks have been lost or stolen. If
you are negligent in safeguarding your checks we will not be responsible for any losses you incur due to an alteration or forgery if we have
paid the check in good faith and in accordance with reasonable commercial standards.
Positive pay and other fraud prevention services - Except for consumer electronic fund transfers subject to Regulation E, you agree that
if we offer you services appropriate for your account to help identify and limit fraud or other unauthorized transactions against your account,
and you reject those services, you will be responsible for any fraudulent or unauthorized transactions which could have been prevented by
the services we offered. You will not be responsible for such transactions if we acted in bad faith or to the extent our negligence contributed
to the loss. Such services include positive pay or commercially reasonable security procedures. If we offered you a commercially reasonable
security procedure which you reject, you agree that you are responsible for any payment order, whether authorized or not, that we accept in
compliance with an alternative security procedure that you have selected. The positive pay service can help detect and prevent check fraud
and is appropriate for account holders that issue a high volume of checks, a lot of checks to the general public, or checks for large dollar
amounts.
INSTRUCTIONS FROM YOU - Unless required by law or we have agreed otherwise in writing, we are not required to act upon
instructions you give us via facsimile transmission, email, voicemail, or phone call to a facsimile number, email address, or phone number
not designated by us for a particular purpose or for a purpose that is unrelated to the request or instruction.
CLAIM OF LOSS - The following rules do not apply to a transaction or claim related to a consumer electronic fund transfer governed by
Regulation E (e.g., an every day/one-time consumer debit card or ATM transaction). The error resolution procedures for consumer
electronic fund transfers can be found in our initial Regulation E disclosure generally titled, "Electronic Fund Transfers." For other
transactions or claims, if you claim a credit or refund because of a forgery, alteration, or any other unauthorized withdrawal, you agree to
cooperate with us in the investigation of the loss, including giving us an affidavit containing whatever reasonable information we require
concerning your account, the transaction, and the circumstances surrounding the loss. You will notify law enforcement authorities of any
criminal act related to the claim of lost, missing, or stolen checks or unauthorized withdrawals. We will have a reasonable period of time to
investigate the facts and circumstances surrounding any claim of loss. Unless we have acted in bad faith, we will not be liable for special or
consequential damages, including loss of profits or opportunity, or for attorneys’ fees incurred by you.
You agree that you will not waive any rights you have to recover your loss against anyone who is obligated to repay, insure, or otherwise
reimburse you for your loss. You will pursue your rights or, at our option, assign them to us so that we may pursue them. Our liability will be
reduced by the amount you recover or are entitled to recover from these other sources.
EARLY WITHDRAWAL PENALTIES (and involuntary withdrawals) - We may impose early withdrawal penalties on a withdrawal from a
time account even if you don’t initiate the withdrawal. For instance, the early withdrawal penalty may be imposed if the withdrawal is caused
by our setoff against funds in the account or as a result of an attachment or other legal process. We may close your account and impose the
early withdrawal penalty on the entire account balance in the event of a partial early withdrawal. See your separately provided notice of
penalty for early withdrawal for additional information.
CHANGES IN NAME AND CONTACT INFORMATION - You are responsible for notifying us of any change in your name, address, or
other information we use to communicate with you. Unless we agree otherwise, notice of such a change must be made in writing. Informing
us of your address or name change on a check reorder form is not sufficient. We will attempt to communicate with you only by use of the
most recent information you have provided to us. If provided elsewhere, we may impose a service fee if we attempt to locate you.
RESOLVING
ACCOUNT DISPUTES - We may place an administrative hold on the funds in your account (refuse payment or withdrawal
of the funds) if it becomes subject to a claim adverse to (1) your own interest; (2) others claiming an interest as survivors or beneficiaries of
your account; or (3) a claim arising by operation of law. The hold may be placed for such period of time as we believe reasonably necessary
to allow a legal proceeding to determine the merits of the claim or until we receive evidence satisfactory to us that the dispute has been
resolved. We will not be liable for any items that are dishonored as a consequence of placing a hold on funds in your account for these
reasons.
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WAIVER OF NOTICES - To the extent permitted by law, you waive any notice of non-payment, dishonor or protest regarding any items
credited to or charged against your account. For example, if you deposit an item and it is returned unpaid or we receive a notice of
nonpayment, we do not have to notify you unless required by federal Regulation CC or other law.
TRUNCATION, SUBSTITUTE CHECKS, AND OTHER CHECK IMAGES - If you truncate an original check and create a substitute
check, or other paper or electronic image of the original check, you warrant that no one will be asked to make payment on the original
check, a substitute check or any other electronic or paper image, if the payment obligation relating to the original check has already been
paid. You also warrant that any substitute check you create conforms to the legal requirements and generally accepted specifications for
substitute checks. You agree to retain the original check in conformance with our policy for retaining original checks. You agree to indemnify
us for any loss we may incur as a result of any truncated check transaction you initiate. We can refuse to accept substitute checks that have
not previously been warranted by a bank or other financial institution in conformance with the Check 21 Act. Unless specifically stated in a
separate agreement between you and us, we do not have to accept any other electronic or paper image of an original check.
REMOTELY CREATED CHECKS - Like any standard check or draft, a remotely created check (sometimes called a telecheck,
preauthorized draft or demand draft) is a check or draft that can be used to withdraw money from an account. Unlike a typical check or draft,
however, a remotely created check is not issued by the paying bank and does not contain the signature of the account owner (or a signature
purported to be the signature of the account owner). In place of a signature, the check usually has a statement that the owner authorized the
check or has the owner’s name typed or printed on the signature line.
You warrant and agree to the following for every remotely created check we receive from you for deposit or collection: (1) you have received
express and verifiable authorization to create the check in the amount and to the payee that appears on the check; (2) you will maintain
proof of the authorization for at least 2 years from the date of the authorization, and supply us the proof if we ask; and (3) if a check is
returned you owe us the amount of the check, regardless of when the check is returned. We may take funds from your account to pay the
amount you owe us, and if there are insufficient funds in your account, you still owe us the remaining balance.
UNLAWFUL INTERNET GAMBLING NOTICE - Restricted transactions as defined in Federal Reserve Regulation GG are prohibited
from being processed through this account or relationship. Restricted transactions generally include, but are not limited to, those in which
credit, electronic fund transfers, checks, or drafts are knowingly accepted by gambling businesses in connection with the participation by
others in unlawful Internet gambling.
FUNDS TRANSFERS - The terms used in this section have the meaning given to them in Article 4A of the Uniform Commercial Code -
Funds Transfers (UCC 4A). This section will generally not apply to you if you are a consumer. However, even if you are a consumer, this
section will apply to that part of any funds transfer that is conducted by Fedwire. This section is subject to UCC 4A as adopted in the state in
which you have your account with us. This agreement is also subject to all clearing house association rules, rules of the Board of Governors
of the Federal Reserve System and their operating circulars. If any part of this agreement is determined to be unenforceable, the rest of the
agreement remains effective. This agreement controls funds transfers unless supplemented or amended in a separate written agreement
signed by us. This agreement does not apply to a funds transfer if any part of the transfer is governed by the Electronic Fund Transfer Act of
1978 (EFTA), except this agreement does apply to a funds transfer that is a remittance transfer as defined in EFTA unless the remittance
transfer is an electronic fund transfer as defined in EFTA.
Funds transfer - A funds transfer is the transaction or series of transactions that begin with the originator’s payment order, made for the
purpose of making payment to the beneficiary of the order. A funds transfer is completed by the acceptance by the beneficiary’s bank of a
payment order for the benefit of the beneficiary of the originator’s order. You may give us a payment order orally, electronically, or in writing, but
your order cannot state any condition to payment to the beneficiary other than the time of payment. Credit entries may be made by ACH.
Authorized account - An authorized account is a deposit account you have with us that you have designated as a source of payment of
payment orders you issue to us. If you have not designated an authorized account, any account you have with us is an authorized account
to the extent that payment of the payment order is not inconsistent with the use of the account.
Acceptance of your payment order - We are not obligated to accept any payment order that you give us, although we normally will accept
your payment order if you have a withdrawable credit in an authorized account sufficient to cover the order. If we do not execute your
payment order, but give you notice of our rejection of your payment order after the execution date or give you no notice, we are not liable to
pay you as restitution any interest on a withdrawable credit in a non-interest-bearing account.
Cutoff time - If we do not receive your payment order or communication canceling or amending a payment order before our cutoff time on a
funds transfer day for that type of order or communication, the order or communication will be deemed to be received at the opening of our
next funds transfer business day.
Payment of your order - If we accept a payment order you give us, we may receive payment by automatically deducting from any
authorized account the amount of the payment order plus the amount of any expenses and charges for our services in execution of your
payment order. We are entitled to payment on the payment or execution date. Unless your payment order specifies otherwise, the payment
or execution date is the funds transfer date we receive the payment order. The funds transfer is completed upon acceptance by the
beneficiary’s bank. Your obligation to pay your payment order is excused if the funds transfer is not completed, but you are still responsible
to pay us any expenses and charges for our services. However, if you told us to route the funds transfer through an intermediate bank, and
we are unable to obtain a refund because the intermediate bank that you designated has suspended payments, then you are still obligated
to pay us for the payment order. You will not be entitled to interest on any refund you receive because the beneficiary’s bank does not
accept the payment order.
Security procedure - As described more fully in a separate writing, the authenticity of a payment order or communication canceling or
amending a payment order issued in your name as sender may be verified by a security procedure. You affirm that you have no
circumstances which are relevant to the determination of a commercially reasonable security procedure unless those circumstances are
expressly contained in a separate writing signed by us. You may choose from one or more security procedures that we have developed, or
you may develop your own security procedure if it is acceptable to us. If you refuse a commercially reasonable security procedure that we
have offered you, you agree that you will be bound by any payment order issued in your name, whether or not authorized, that we accept in
good faith and in compliance with the security procedure you have chosen.
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Duty to report unauthorized or erroneous payment - You must exercise ordinary care to determine that all payment orders or
amendments to payment orders that we accept that are issued in your name are authorized, enforceable, in the correct amount, to the
correct beneficiary, and not otherwise erroneous. If you discover (or with reasonable care should have discovered) an unauthorized,
unenforceable, or erroneously executed payment order or amendment, you must exercise ordinary care to notify us of the relevant facts.
The time you have to notify us will depend on the circumstances, but that time will not in any circumstance exceed 14 days from when you
are notified of our acceptance or execution of the payment order or amendment or that your account was debited with respect to the order
or amendment. If you do not provide us with timely notice you will not be entitled to interest on any refundable amount. If we can prove that
you failed to perform either of these duties with respect to an erroneous payment and that we incurred a loss as a result of the failure, you
are liable to us for the amount of the loss not exceeding the amount of your order.
Identifying number - If your payment order identifies an intermediate bank, beneficiary bank, or beneficiary by name and number, we and
every receiving or beneficiary bank may rely upon the identifying number rather than the name to make payment, even if the number
identifies an intermediate bank or person different than the bank or beneficiary identified by name. Neither we nor any receiving or
beneficiary bank have any responsibility to determine whether the name and identifying number refer to the same financial institution or
person.
Record of oral or telephone orders - You agree that we may, if we choose, record any oral or telephone payment order or communication
of amendment or cancelation.
Notice of credit - If we receive a payment order to credit an account you have with us, we are not required to provide you with any notice of
the payment order or the credit.
Provisional credit - You agree to be bound by the automated clearing house association operating rules that provide that payments made
to you or originated by you by funds transfer through the automated clearing house system are provisional until final settlement is made
through a Federal Reserve Bank or otherwise payment is made as provided in Article 4A-403(a) of the Uniform Commercial Code.
Refund of credit - You agree that if we do not receive payment of an amount credited to your account, we are entitled to a refund from you
in the amount credited and the party originating such payment will not be considered to have paid the amount so credited.
Amendment of funds transfer agreement - From time to time we may amend any term of this agreement by giving you reasonable notice
in writing. We may give notice to anyone who is authorized to send payment orders to us in your name, or to anyone who is authorized to
accept service.
Cancelation or amendment of payment order - You may cancel or amend a payment order you give us only if we receive the
communication of cancelation or amendment before our cutoff time and in time to have a reasonable opportunity to act on it before we
accept the payment order. The communication of cancelation or amendment must be presented in conformity with the same security
procedure that has been agreed to for payment orders.
Intermediaries - We are not liable for the actions of any intermediary, regardless of whether or not we selected the intermediary. We are
not responsible for acts of God, outside agencies, or nonsalaried agents.
Limit on liability - You waive any claim you may have against us for consequential or special damages, including loss of profit arising out of
a payment order or funds transfer, unless this waiver is prohibited by law. We are not responsible for attorney fees you might incur due to
erroneous execution of payment order.
Erroneous execution - If we receive an order to pay you, and we erroneously pay you more than the amount of the payment order, we are
entitled to recover from you the amount in excess of the amount of the payment order, regardless of whether you may have some claim to
the excess amount against the originator of the order.
Objection to payment - If we give you a notice that reasonably identifies a payment order issued in your name as sender that we have
accepted and received payment for, you cannot claim that we are not entitled to retain the payment unless you notify us of your objection to
the payment within one year of our notice to you.
PLEDGES - Each owner of this account may pledge all or any part of the funds in it for any purpose to which we agree. Any pledge of this
account must first be satisfied before the rights of any surviving account owner or account beneficiary become effective. For example, if an
account has two owners and one of the owners pledges the account (i.e., uses it to secure a debt) and then dies, (1) the surviving owner’s
rights in this account do not take effect until the debt has been satisfied, and (2) the debt may be satisfied with the funds in this account.
POWER OF ATTORNEY - You may wish to appoint an agent to conduct transactions on your behalf. (We, however, have no duty or
agreement whatsoever to monitor or insure that the acts of the agent are for your benefit.) This may be done by allowing your agent to sign
in that capacity on the signature card or by separate form, such as a power of attorney. A power of attorney continues until your death or the
death of the person given the power. If the power of attorney is not “durable,” it is revoked when you become incompetent. We may continue
to honor the transactions of the agent until: (a) we have received written notice or have actual knowledge of the termination of the authority
or the death of an owner, and (b) we have had a reasonable opportunity to act on that notice or knowledge. You agree not to hold us
responsible for any loss or damage you may incur as a result of our following instructions given by an agent acting under a valid power of
attorney.
STALE-DATED CHECKS - We are not obligated to, but may at our option, pay a check, other than a certified check, presented for
payment more than six months after its date. If you do not want us to pay a stale-dated check, you must place a stop-payment order on the
check in the manner we have described elsewhere.
DORMANT ACCOUNTS - Your account will be considered dormant if all of the following occur for three consecutive years: (1) deposits
are not made to your account; (2) withdrawals are not made to your account; or (3) the bank does not receive any correspondence from you
which indicates that you know that your account with the bank is still in existence. Interest crediting is not considered a deposit for this
purpose. In accordance with the N.Y. State Abandoned Property Law, dormant funds will be turned over to the State of New York. You may
submit a claim for return of the funds to: New York State Office of the State Comptroller, Office of Unclaimed Funds, 110 State Street,
Albany, New York 12236.
9
FDIC INSURANCE - Funds in your account(s) with us are insured by the Federal Deposit Insurance Corporation (FDIC) and backed by the
full faith and credit of the United States. The amount of insurance coverage you have depends on the number of accounts you have with us
that are of different “ownership.” An individual account is one unique form of “ownership”; a joint account, a pay-on-death account, and a self
directed qualified retirement account (e.g., an IRA) are examples of some of the others. Deposit insurance for a person’s self directed
qualified retirement account is up to $250,000. (An IRA is a self directed qualified retirement account as is any account where the owner
decides where and how to invest the balance.) Funds are insured to $250,000 per depositor for the total of funds combined in all of your
other insured accounts with us. If you want a more detailed explanation or additional information, you may ask us or contact the FDIC. You
can also visit the FDIC website at www.fdic.gov and click on the Deposit Insurance link. The link includes detailed contact information as
well as a deposit insurance estimator.
UNCLAIMED PROPERTY - The law establishes procedures under which unclaimed property must be surrendered to the state. (We may
have our own rules regarding dormant accounts, and if we charge a fee for dormant accounts it will be disclosed to you elsewhere.)
Generally, the funds in your account are considered unclaimed if you have not had any activity or communication with us regarding your
account over a period of years. Ask us if you want further information about the period of time or type of activity that will prevent your
account from being unclaimed. If your funds are surrendered to the state, you may be able to reclaim them, but your claim must be
presented to the state. Once your funds are surrendered, we no longer have any liability or responsibility with respect to the funds.
CASH TRANSACTION REPORTING - To help law enforcement agencies detect illegal activities, the law requires all financial institutions
to gather and report information on some types of cash transactions. If the information we need to complete the report is not provided, we
are required to refuse to handle the transaction. If you have any questions regarding these rules, the U.S. Treasury Financial Crimes
Enforcement Network (FinCEN) maintains a frequently asked questions (FAQ) document online. The FAQ also includes additional
information for contacting FinCEN.
BACKUP WITHHOLDING/TIN CERTIFICATION - Federal tax law requires us to report interest payments we make to you of $10 or
more in a year, and to include your taxpayer identification number (TIN) on the report (the taxpayer identification number is your social
security number if you are an individual). Interest includes dividends, interest and bonus payments for purposes of this rule. Therefore, we
require you to provide us with your TIN and to certify that it is correct. In some circumstances, federal law requires us to withhold and pay
to the IRS a percentage of the interest that is earned on funds in your accounts. This is known as backup withholding. We will not have to
withhold interest payments when you open your account if you certify your TIN and certify that you are not subject to backup withholding
due to underreporting of interest. (There are special rules if you do not have a TIN but have applied for one, if you are a foreign person, or
if you are exempt from the reporting requirements.) We may subsequently be required to begin backup withholding if the IRS informs us
that you supplied an incorrect TIN or that you underreported your interest income.
LOST, DESTROYED, OR STOLEN CERTIFIED, CASHIER’S OR TELLER’S CHECKS - Under some circumstances you may be able to
assert a claim for the amount of a lost, destroyed, or stolen certified, cashier’s or teller’s check. To assert the claim: (a) you must be the remitter
(or drawer of a certified check) or payee of the check, (b) we must receive notice from you describing the check with reasonable certainty and
asking for payment of the amount of the check, (c) we must receive the notice in time for us to have a reasonable opportunity to act on it, and (d)
you must give us a declaration (in a form we require) of your loss with respect to the check. You can ask us for a declaration form. Even if all of
these conditions are met, your claim may not be immediately enforceable. We may pay the check until the ninetieth day after the date of the
check (or date of acceptance of a certified check). Therefore, your claim is not enforceable until the ninetieth day after the date of the check or
date of acceptance, and the conditions listed above have been met. If we have not already paid the check, on the day your claim is enforceable
we become obligated to pay you the amount of the check. We will pay you in cash or issue another certified check.
At our option, we may pay you the amount of the check before your claim becomes enforceable. However, we will require you to agree to
indemnify us for any losses we might suffer. This means that if the check is presented after we pay your claim, and we pay the check, you
are responsible to cover our losses. We may require you to provide a surety bond to assure that you can pay us if we suffer a loss.
CHANGING ACCOUNT PRODUCTS - We may change your account to another product offered by us at any time by giving you notice
that your account will be changed to another product on a specified date. If your account is a time account, the change will not occur before
the next maturity date of your account. If you do not close your account before the date specified in the notice, we may change your account
to that other product on the date specified in the notice.
TRANSACTIONS BY MAIL - You may deposit checks or drafts by mail. You should indorse the item being sent through the mail with the
words “For Deposit Only” and should include your correct account number underneath to ensure the item is credited to the correct account.
You should use the pre-encoded deposit slips found in your checkbook. If you do not use your deposit slip or provide us with instructions
indicating how or where the item should be credited, we may apply it to any account or any loan balance you have with us or we may return
the item to you. Receipts for such transactions will be mailed to you only if a self-addressed stamped envelope is provided. Following your
deposit, examine your statement carefully or call us to ensure that we received the item. Do not send cash through the mail for deposit.
CHECK STORAGE AND COPIES - You agree that you will not receive your canceled checks. We will store your canceled checks or
copies of them for a reasonable retention period. You may request copies from us in the manner we require.
INTERNATIONAL
ACH TRANSACTIONS - Financial institutions are required by law to scrutinize or verify any international ACH
transaction (IAT) that they receive against the Specially Designated Nationals (SDN) list of the Office of Foreign Assets Control (OFAC).
This action may, from time to time, cause us to temporarily suspend processing of an IAT and potentially affect the settlement and/or
availability of such payments.
ACH AND WIRE TRANSFERS - This agreement is subject to Article 4A of the Uniform Commercial Code - Fund Transfers as adopted
in the state in which you have your account with us. If you originate a fund transfer and you identify by name and number a beneficiary
financial institution, an intermediary financial institution or a beneficiary, we and every receiving or beneficiary financial institution may
rely on the identifying number to make payment. We may rely on the number even if it identifies a financial institution, person or account
other than the one named. You agree to be bound by automated clearing house association rules. These rules provide, among other
things, that payments made to you, or originated by you, are provisional until final settlement is made through a Federal Reserve Bank or
payment is otherwise made as provided in Article 4A-403(a) of the Uniform Commercial Code. If we do not receive such payment, we
are entitled to a refund from you in the amount credited to your account and the party originating such payment will not be considered to
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have paid the amount so credited. Credit entries may be made by ACH. If we receive a payment order to credit an account you have with
us by wire or ACH, we are not required to give you any notice of the payment order or credit.
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MOBILE BANKING
Flushing Bank Mobile Check Deposit
Deposit checks into your Flushing Bank account from your iPhone® or Android
TM
device.
Simply log into Flushing Bank Mobile Banking from your mobile device and tap “Deposit Check.” You will be auto enrolled upon your
first attempted check deposit.
There is no charge to use Flushing Bank Mobile Banking and Flushing Bank Mobile Check Deposit, but the Bank’s standard account
fees will apply and data and messaging rates may apply from your wireless provider.
For checking, statement savings or money market accounts only. Account(s) must be in good standing. Subject to eligibility.
Available to all Flushing Bank Online Banking users.
Account holders agree:
- To follow all applicable state and federal laws, regulations, and rules relating to Flushing Bank Mobile Check Deposit, including but
not limited to the Rules and the provisions of The Check Clearing for the 21st Century Act.
- Not to deposit original checks through Flushing Bank Mobile Check Deposit more than once and the original checks will be securely
stored then destroyed within fourteen (14) days from the date of deposit unless otherwise agreed to in writing.
- Not to deposit checks transmitted to Flushing Bank into any other bank, thereby causing multiple debits from the payor’s account.
- To review and validate the accuracy of the check data captured including the amount of the check and the legibility of the check
image through Flushing Bank Mobile Check Deposit.
- To deposit only checks drawn on United States financial institutions through Flushing Bank Mobile Check Deposit.
Business Deposit Account Limits - For all new business account holders that have a relationship with Flushing Bank less than six (6)
months, the current daily dollar limit is $10,000.00 per business day and the current monthly dollar limit is $100,000.00 per any 22
consecutive business day period. For business account holders that have a relationship with Flushing Bank of six (6) or more months, the
current daily and monthly limits are based on account balances as follows:
For balances of $100,000 - $199,999, the current daily dollar limit is $50,000 and the current monthly dollar limit is $200,000
For balances of $200,000 - $299,999, the current daily dollar limit is $75,000 and the current monthly dollar limit is $300,000
For balances of $300,000 - $399,999, the current daily dollar limit is $100,000 and the current monthly dollar limit is $300,000
For balances of $400,000+, the current daily dollar limit is $100,000 and the current monthly dollar limit is $500,000
Currently monthly dollar limits are per any 22 consecutive business day period. For all business deposit accounts, there is no daily or
monthly statement cycle limit on the number of items, as long as the respective dollar limits are not exceeded.
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YOUR ABILITY TO WITHDRAW FUNDS
This policy statement applies to all deposit accounts.
Our policy is to make funds from your check deposits available to you on the second business day after the day we receive your deposit,
with the first $225 available on the first business day after the day of your deposit. Electronic direct deposits will be available on the day we
receive the deposit. Cash, wire transfers, and some specified check deposits will also be available before the second business day, as
detailed below. 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 3:00 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 after 3:00 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 you make a deposit at an ATM before 3:00 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 an ATM after 3:00 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.
Same-Day Availability
Funds from electronic direct deposits and cash to your account will be available on the day we receive the deposit.
Next-Day Availability
Funds from the following deposits are available on the first business day after the day of your deposit:
U.S. Treasury checks that are payable to you.
Wire transfers.
Checks drawn on Flushing Bank.
If you make the deposit in person to one of our employees, funds from the following deposits are also available on the first business day
after the day of your deposit:
State and local government checks that are payable to you.
Cashier’s, certified, and teller’s checks that are payable to you.
Federal Reserve Bank checks, Federal Home Loan Bank checks, and postal money orders, if these items are payable to you.
If you do not make your deposit in person to one of our employees (for example, if you mail the deposit), funds from these deposits will
be available on the second business day after the day we receive your deposit.
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Other Check Deposits Subject
to Second-Day Availability
The first $225 from a deposit of other checks will be available on the first business day after the day of your deposit. The remaining funds
will be available on the second business day after the day of your deposit.
For example, if you deposit a check of $700 on a Monday, $225 of the deposit is available on Tuesday. The remaining $475 is available
on Wednesday.
If we cash a check for you that is drawn on another bank, 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.
LONGER DELAYS MAY APPLY
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 $5,525 on any one day.
You redeposit a check that has been returned unpaid.
You have overdrawn your account repeatedly 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 seventh business day after the day of your deposit.
SPECIAL RULES FOR
NEW ACCOUNTS
If you are a new customer, the following special rules will apply during the first 30 days your account is open.
Funds from electronic direct deposits to your account will be available on the day we receive the deposit. Funds from deposits of cash,
wire transfers, and the first $5,525 of a day’s total deposits of cashier’s, certified, teller’s, traveler’s, and federal, state and local
government checks will be available on the first business day after the day of your deposit if the deposit meets certain conditions. For
example, the checks must be payable to you (and you may have to use a special deposit slip). The excess over $5,525 will be available
on the ninth business day after the day of your deposit. If your deposit of these checks (other than a U.S. Treasury check) is not made in
person to one of our employees, the first $5,525 will not be available until the second business day after the day of your deposit.
Funds from all other check deposits will be available on the tenth business day after the day of your deposit.
In addition to the above, ACH debit transactions, transfers you initiate through Flushing Bank from funds you hold in an account at
another financial institution, will be available on the fourteenth day after the date of deposit for the first ninety days after your account is
opened.
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SPECIFIC ACCOUNT DETAILS
COMPLETE BUSINESS CHECKING ACCOUNT
Rate Information - This account does not pay interest.
Minimum balance to open the account - You must deposit $100.00 to open this account.
Minimum balance to avoid imposition of fees - This account does not have a monthly maintenance fee; therefore, there is no minimum
balance requirement to avoid a monthly maintenance fee.
Transaction limitations:
You may make up to 500 transactions per month free of charge after which each additional transaction will incur a fee of $0.50.
Fees:
Fees may reduce earnings. Please refer to our fee schedule for additional information about charges. There are no monthly maintenance
fees or minimum balance fees on this account. See the current Flushing Bank Business Fee Schedule for additional bank related fees. Fees
included in the Business Fee Schedule are exclusive of and may differ from fees charged through Flushing Bank’s Cash Management
services.
Additional Features:
A withdrawal shall be deemed to be made when it is recorded on our books, which is not necessarily the date that you initiated the
transaction.
COMPLETE BUSINESS CHECKING PLUS ACCOUNT
Rate Information - Your interest rate and annual percentage yield may change. Please call 800.581.2889 (855.540.2274 TTY/TDD) for
updated rates and information. Frequency of rate changes - We may change the interest rate on your account at any time.
Determination of rate - At our discretion, we may change the interest rate on your account.
This is a tiered rate account based on the following daily balances:
Tier 1 - $14,999.99 or less
Tier 2 - $15,000.00 - $99,999.99
Tier 3 - $100,000.00 or more
Compounding and crediting frequency - Interest will be compounded every day. Interest will be credited to your account every month.
Effect of closing an account - If you close your account before interest is credited, you will not receive the accrued interest.
Minimum balance to open the account - You must deposit $100.00 to open this account.
Daily balance computation method - We use the daily balance method to calculate the interest on your account. This method applies a
daily periodic rate to the principal in the account each day.
Accrual of interest on noncash deposits - Interest begins to accrue on the business day you deposit noncash items (for example,
checks).
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Fees:
Fees may reduce earnings. Please refer to our fee schedule for additional information about charges. A transaction fee of $.10 will be charged
for each transaction.
LEASE SECURITY CHECKING ACCOUNT
Rate Information - Your interest rate and annual percentage yield may change. Please call 800.581.2889 (855.540.2274 TTY/TDD) for
updated rates and information. Frequency of rate changes - We may change the interest rate on your account at any time.
Determination of rate - At our discretion, we may change the interest rate on your account.
Compounding and crediting frequency - Interest will be compounded every day. Interest will be credited to your account every month.
Effect of closing an account - If you close your account before interest is credited, you will not receive the accrued interest.
Minimum balance to open the account - You must deposit $100.00 to open this account.
Daily balance computation method - We use the daily balance method to calculate the interest on your account. This method applies a
daily periodic rate to the principal in the account each day.
Accrual of interest on noncash deposits - Interest begins to accrue on the business day you deposit noncash items (for example,
checks).
Fees - Fees may reduce earnings. Please refer to our fee schedule for additional information about charges.
BUSINESS POWER MONEY MARKET
Rate Information - Your interest rate and annual percentage yield may change. Please call 800.581.2889 (855.540.2274 TTY/TDD) for
updated rates and information.
Frequency of rate changes - We may change the interest rate on your account at any time.
Determination of rate - At our discretion, we may change the interest rate on your account.
This is a tiered rate account based on the following daily balances:
Tier 1 - $74,999.99 or less
Tier 2 - $75,000.00 to $999,999.99
Tier 3 - $1,000,000.00 or more
Compounding and crediting frequency - Interest will be compounded every day. Interest will be credited to your account monthly at the
end of your statement cycle.
Effect of closing an account - If you close your account before interest is credited, you will not receive the accrued interest.
Early Closeout - If account is closed prior to 90 days after account opening, the account will be charged a $20 early closeout fee.
Minimum balance to open the account - You must deposit $100.00 to open this account to receive the stated rate.
Minimum balance to avoid imposition of fees - A low balance fee of $10.00 will be imposed every month if the balance in the account
falls below $5,000.00 any day of the month.
Daily balance computation method - We use the daily balance method to calculate the interest on your account. This method applies a
daily periodic rate to the principal in the account each day.
Accrual of interest on noncash deposits - Interest begins to accrue on the day you deposit noncash items (for example, checks).
Fees - Fees may reduce earnings. Please refer to our fee schedule for additional information about charges.
BUSINESS CERTIFICATE OF DEPOSIT
Rate Information - Please see your Certificate of Deposit receipt for rate and maturity details. Please call 800.581.2889 (855.540.2274
TTY/TDD) for updated rates and information. You will be paid this rate until first maturity.
Minimum balance to open the account - You must deposit $1,000.00 to open this account.
Compounding frequency - Interest will be compounded every day.
Crediting frequency - Interest will be credited to your account every month.
Effect of closing an account - If you close your account before interest is credited, you will not receive the accrued interest.
Minimum balance to obtain the annual percentage yield disclosed - You must maintain a minimum balance of $1,000.00 in the account
each day to obtain the disclosed annual percentage yield.
Daily balance computation method - We use the daily balance method to calculate the interest on your account. This method applies a
daily periodic rate to the principal in the account each day.
Accrual of interest on noncash deposits - Interest begins to accrue on the day you deposit noncash items (for example, checks).
Transaction limitations:
You may not make any deposits into your account before maturity.
You may make withdrawals of principal from your account before maturity only if we agree at the time you request the withdrawal. You can
withdraw interest any time during the term of crediting after it is credited to your account.
Early withdrawal penalties (a penalty may be imposed for withdrawals before maturity) - Penalty may reduce principal.
• If your account has an original maturity of three months to less than one year:
The fee we may impose will equal three months simple interest on the amount withdrawn subject to penalty.
If your account has an original maturity between one year and less than three years: The fee we may impose will equal six months
simple interest on the amount withdrawn subject to penalty.
If your account has an original maturity between three years and less than seven years: The fee we may impose will equal one year
simple interest on the amount withdrawn subject to penalty.
• If your account has an original maturity seven years or greater: The fee we may impose will equal the loss of either all interest earned
on the amount withdrawn or half the interest amount that would have been earned on the amount withdrawn during the entire term of
the certificate, whichever is greater.
In certain circumstances such as the death or incompetence of an owner of this account, the law permits, or in some cases requires, the
waiver of the early withdrawal penalty.
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Withdrawal of interest prior to maturity - The annual percentage yield assumes interest will remain on deposit until maturity. A withdrawal
will reduce earnings.
Automatically renewable time account - This account will automatically renew at maturity. You may prevent renewal if you withdraw the
funds in the account at maturity (or within any grace period mentioned below) or we receive written notice from you within any grace period
mentioned below. We can prevent renewal if we mail notice to you at least 30 calendar days before maturity. If either you or we prevent
renewal, interest will continue to accrue after final maturity for up to seven calendar days.
Each renewal term will be the same as the original term, beginning on the maturity date. The interest rate will be the prevailing renewal rate
on the maturity date for the same term and minimum balance (if any) as the original time deposit.
You will have seven calendar days after maturity to withdraw the funds without a penalty.
BUSINESS BUMP-UP CERTIFICATE OF DEPOSIT
Rate Information - Please see your Business Certificate of Deposit receipt for rate and maturity details. Please call 800.581.2889
(855.540.2274 TTY/TDD) for updated rates and information.
You will be paid this rate until first maturity.
Bump Up Option - If rates rise, you may exercise the one-time Bump Up option once during the term of your certificate, by requesting to
adjust the rate to the rate advertised for a Flushing Bank Certificate of the same original term. The rate applied will be the rate advertised on
the day of your request. The bump up rate will apply for the remainder of the term and until maturity. When exercising the Bump-Up option,
new money may not be added to the account.
Compounding frequency - Interest will be compounded every day.
Crediting frequency - Interest will be credited to your account every month.
Effect of closing an account - If you close your account before interest is credited, you will not receive the accrued interest.
Minimum balance to open the account - You must deposit $1,000.00 to open this account.
Minimum balance to obtain the annual percentage yield disclosed - You must maintain a minimum balance of $1,000.00 in the account
each day to obtain the disclosed annual percentage yield.
Daily balance computation method - We use the daily balance method to calculate the interest on your account. This method applies a
daily periodic rate to the principal in the account each day.
Accrual of interest on noncash deposits - Interest begins to accrue on the business day you deposit noncash items (for example,
checks).
Transaction limitations:
You may not make any deposits into your account before maturity.
You may make withdrawals of principal from your account before maturity. Principal withdrawn before maturity is included in the amount
subject to early withdrawal penalty.
You can only withdraw interest credited in the term before maturity of that term without penalty. You can withdraw interest any time during
the term of crediting after it is credited to your account.
Early withdrawal penalties (a penalty may be imposed for withdrawals before maturity) - Penalty may reduce principal.
If your account has an original maturity of three months to less than one year:
The fee we may impose will equal three months simple interest on the amount withdrawn subject to penalty.
If your account has an original maturity between one year and less than three years:
The fee we may impose will equal six months simple interest on the amount withdrawn subject to penalty.
If your account has an original maturity between three years and less than seven years:
The fee we may impose will equal one year simple interest on the amount withdrawn subject to penalty.
If your account has an original maturity seven years or greater:
The fee we may impose will equal the loss of either all interest earned on the amount withdrawn or half the interest amount that
would have been earned on the amount withdrawn during the entire term of the certificate, whichever is greater.
In certain circumstances such as the death or incompetence of an owner of this account, the law permits, or in some cases requires, the
waiver of the early withdrawal penalty.
Withdrawal of interest prior to maturity - The annual percentage yield assumes interest will remain on deposit until maturity. A withdrawal
will reduce earnings.
Automatically renewable time account - This account will automatically renew at maturity. You may prevent renewal if you withdraw the
funds in the account at maturity (or within the grace period mentioned below, if any) or we receive written notice from you within the grace
period mentioned below, if any. We can prevent renewal if we mail notice to you at least 30 calendar days before maturity. If either you or
we prevent renewal, interest will continue to accrue after final maturity for up to seven calendar days.
Each renewal term will be the same as the original term, beginning on the maturity date. The interest rate will be the prevailing renewal rate
on the maturity date for the same term and minimum balance (if any) as the original time deposit.
You will have seven calendar days after maturity to withdraw the funds without a penalty.
COMMON FEATURES
Please refer to our fee schedule for additional information about charges.
Please refer to our separate rate schedule for information about current rates.
We reserve the right to require not less than 7 days’ notice in writing before each withdrawal from an interest-bearing account, other than a
time deposit or demand deposit, or from any other savings deposit as defined by Regulation D. (The law requires us to reserve this right, but
it is not our general policy to use it.) Withdrawals from a time account prior to maturity or prior to any notice period may be restricted and
may be subject to penalty. See your notice of penalty for early withdrawal.
Rev. 01/23
202076391-010
© 2022 Wolters Kluwer Financial Services, Inc. All rights reserved.
AIB-B 6/1/2022 3q Custom TCM-35By,4n,5
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Flushing Bank is a registered trademark
DSBTC1222-BUS REV 01/23