Consumer Account Agreement
Consumer Account Agreement
WITHDRAWAL RULES. The following terms apply to withdrawals from your Account: (A) Manner of Withdrawal.
You may make withdrawals from your Account in any manner that we allow for the type of account that you have
opened. Withdrawals by mail are posted to your Account as of the day we process the transaction. We may refuse to
pay any check, except for checks that we give you and checks that we approve. Other provisions of the Agreement or
the Schedule or applicable law may restrict withdrawals and transfers from your Account. (B) Withdrawal
Restrictions and Overdrafts. We do not have to allow you to withdraw money from your Account if you don't have
enough money in the account to cover the full amount of the withdrawal. If there is enough money to cover some, but
not all, of the withdrawals or other debits (such as charges) to your Account, we may post those withdrawals or other
debits for which there is enough money in sequential order by check number, from the lowest check number to the
highest. If there are insufficient funds available in your Account to cover a withdrawal or debit presented against your
Account, this is called an "overdraft". We will handle each overdraft in accordance with our Standard Overdraft Policy
(described below) or in accordance with any other agreement, you may have with us (such as an overdraft protection
agreement). Even if we choose to pay one or more overdrafts, we are not obligated to cover any future overdrafts.
When we determine whether payment of an item will create an overdraft, we may determine the balance of your
account at any time between the time we receive the item and the deadline for us to take action on the item. We are
not required to determine your account balance more than one (1) time during this period. (C) Standard Overdraft
Policy. Unless we have agreed to a separate overdraft protection agreement with you, the following rules apply. We
are not obligated to pay any overdraft. Subject to the special rules discussed below for transactions at an A TM and
one-time debit card transactions, we may assess a service charge on any withdrawal created by check, in-person
withdrawal, ATM withdrawal, or other electronic means that results in an overdraft, whether we pay the overdraft or
not. If we pay the overdraft, you agree, immediately upon notice from us, to deposit funds sufficient to cover the
overdraft plus any service charge we impose. For consumer accounts, we may not impose a service charge in
connection with an overdraft that results from a transaction at an ATM or a one-time debit card transaction unless you
have given us your consent to pay service charges in connection with overdrafts that result from these transactions
and we have sent written confirmation of that consent to you. You may revoke that consent at any time. (D) Notice
Requirements. Federal regulations allow us to require you to give us at least 7 days’ notice, in writing, before you
make a withdrawal from a savings, negotiable order of withdrawal ("NOW") or money market account. Although we
usually pay withdrawals or checks without a 7 day notice on these accounts, doing so does not mean that we give up
the right to the notice. (E) Postdated Items. If you write a check and date it in the future, it is a postdated check.
You will not write a postdated check. If you write a postdated check and the check is presented for payment before
the date of the check, we may choose to pay the check or return it unpaid. If we pay the check, we will post the check
to your Account on the day we pay the check, even though that date is before the date of the check. We are not
responsible for any loss to you by doing so. We will not honor a postdated check if we receive advance notice from
you at such a time and in such a manner as to give us reasonable opportunity to act. The notice must be in a record
(in writing or electronically), and it must specify the date, amount, and number of the check, along with the name of
the payee. The notice must be in a format acceptable to us. Notices are effective for the time periods stated under
STOP PAYMENT ORDERS. We may return a postdated check. (F) Power of Attorney. A person signing a power of
attorney is called a principal. A person who acts for the principal is called the agent. We may refuse to comply with a
power of attorney if we have a good reason. Also, we may require an affidavit by the agent stating that the power of
attorney form is a true copy and that, to the best of the agent's knowledge, the principal is alive and that the powers
of the agent have not been changed or cancelled. (G) Signatures. We may use the signature on your signature card
to verify the signatures on items drawn on your Account. We may store the signature card information and signature
in any reasonable form, including any digitized signature capture process. If you use any facsimile signature device,
you must give us a sample of the signature. You agree to be responsible for any liability we may have that results
from the use of any facsimile signature device, including attorneys' fees and legal expenses. (H) Preauthorized
Drafts. If we are unable to enforce presentment and transfer warranties on remotely created checks under Regulation
CC, then if you voluntarily give information about your Account (such as our routing number and your account
number) to a party who is seeking to sell you goods or services, and you do not physically deliver a check to the
party, any debit to your account initiated by the party to whom you gave the information is deemed authorized by
you. (I) Check Legends. We may disregard information on any check or item other than the signature of the drawer,
the identification of the drawee financial institution and payee, the amount, the endorsements, and any other
information that appears on the MICR line. In addition, we are not responsible to take action on, or for failure to notify
you of restrictive language placed on checks or other items, including but not limited to terms such as, "Void after 90
Days," "Paid in Full," "Two Signatures Required," "Void Over $100" or similar statements. In accordance with
reasonable banking standards, most checks and other items are processed through automated processing and, except
in limited circumstances and in our discretion, most items are not individually examined. You agree that we act within
reasonable banking standards by processing most checks and other items through automated processing systems. We
may agree to adhere to extraneous legends if you notify us of such legends and we have agreed in writing to honor
such legends. (J) Non-Customer Check Cashing Fee. If a person who is not a customer of ours presents a check
drawn against one of your accounts for payment over the counter, we may charge the person a service charge for
cashing the check. You agree that if the person refuses to pay the service charge, we may not cash the check and we
have no liability to you for refusing to cash the check.
CHECKING ACCOUNTS. If your account is a checking account, the following terms may apply. If we offer NOW
accounts, the account must consist solely of funds in which the entire beneficial interest is held by one or more
individuals in an individual capacity, a sole proprietor, or a governmental unit, but not professional corporations or
business partnerships. A NOW account may also be held by a for profit organization serving in a fiduciary or trustee
capacity for an entity that is itself permitted to hold a NOW account. Otherwise, an organization may hold a NOW
account only if it is operated primarily for religious, philanthropic, charitable, educational, or other similar purpose.
SAVINGS ACCOUNTS. If your account is an interest bearing account and is not a NOW account or time deposit, the
following terms may apply. (A) Transfers and Withdrawals. If your Account is a money market or savings account,
you can make no more than 6 preauthorized transfers in any calendar month, statement cycle (the period from one
statement to the next) or similar period. Preauthorized transfers are transfers or withdrawals which you have
authorized in advance to transfer money from your Account to someone else or to another account that you have with
us. Preauthorized transfers include: (1) Transfers by check, draft, debit card, or other instrument paid to someone
else. (2) Transfers to someone else that you ask for over the telephone. (3) Withdrawals by preauthorized or
automatic transfer to someone else. (B) Excess Transactions. We are not required by applicable law to enforce
these transfer limits, but we are authorized by applicable law to enforce them if we so choose. If we elect to enforce
these transfer limits, and if you have more than the allowable preauthorized transfers or preauthorized checks or
drafts (for money market accounts) in any one period, we may elect to close your Account and place the funds in
another account that you are eligible to maintain, or we may elect to take away the transfer and draft capabilities of
the Account.
TIME DEPOSITS. If your Account is a time deposit, you agree to keep the money on deposit until maturity of your
Account. If you withdraw any of the money before maturity, you may have to pay an early withdrawal penalty. We will
consider your request for withdrawal before maturity. If we let you withdraw funds before maturity, the penalty in the
Schedule will apply. (A) Penalty. By paying an early withdrawal penalty, you forfeit part of the interest that has been
earned or would be earned on your Account. If your Account has not earned enough interest, or if the interest has
been paid, we take the difference from the principal amount of your Account. For fixed rate accounts, we use the rate
on your deposit. (B) Exceptions. We may let you withdraw money from your Account before the maturity date without
an early withdrawal penalty: (1) when one or more of you dies or is ruled legally incompetent by a court or
government body; (2) when the account is an Individual Retirement Account (IRA) established in accordance with 26
USC 408 and the funds are paid within 7 days after the account is opened; or (3) when the account is a Keogh Plan, if
you forfeit at least the interest earned on the withdrawn funds; or (4) for a time deposit that is an IRA or Keogh Plan
established pursuant to 26 USC 408 or 26 USC 401, when you reach age 59 1/2 or become disabled; or (5) within a
certain grace period (if any).
STOP PAYMENT ORDERS. You may order us to stop payment of any check, automated clearing house/pre-
authorized electronic funds transfer ("ACH/EFT"), or other item on your Account. Your right to stop payment may be
limited. You may not stop payment of a certified check, a cashier's check, or a teller's check. Also, you may not stop
payment of any item that is covered by a separate agreement, such as a check guarantee agreement. (A) When
Stop Payment Order is Effective. You may not stop payment of an item after we have paid or accepted the item.
Your order is effective only if we receive it soon enough to give us a reasonable time to act on it. If we receive a stop
payment order, it does not mean that we have a reasonable time to act on it. (B) How Long Does a Stop Payment
Last for a Check. A stop payment order is effective for 6 months. But an oral order is effective for 14 days unless
you confirm it in writing or electronically within that time. During the 6 month period, you may renew a stop payment
order for another 6 months by notifying us in writing or electronically. Your order and any writing and electronic
message must be in a format that is acceptable to us. (C) How Long Does a Stop Payment Last for an ACH/EFT.
For consumer accounts, a stop payment order against an ACH/EFT is effective until the earlier of: (i) you withdraw the
stop payment order, or (ii) the debit entry is returned, or, where a stop payment order is applied to more than one
debit entry under a specific authorization involving a specific party, all such debit entries are returned. We may
require you to provide us written confirmation of a verbal stop order request against an ACH/EFT within fourteen (14)
calendar days. Additionally, if you request us to stop all future payments pursuant to a specific ACH/EFT authorization
involving a particular party, we may require you to confirm in writing that you have revoked such authorization. For
business accounts, a stop payment against an ACH/EFT is effective until the earlier of: (i) you withdraw the stop
payment order, (ii) the return of the debit entry; or (iii) six months from the date of the stop payment order, unless
renewed in writing. (D) Content of a Stop Payment Order. Your stop payment order must contain the date, the
amount, and the number of the item, and the name of the payee. If you give us incorrect or incomplete information,
we are not responsible for failing to stop payment.
Based upon the type of account ownership that you have designated, the following terms and conditions apply.
SINGLE-PARTY ACCOUNTS. An account in the name of only one person as Account Holder is a Single-Party
Account. Only that person may write checks on the Account or withdraw money. It does not matter who really owns
the money in the Account. At the death of that person, ownership passes as part of the person's estate.
MULTIPLE-PARTY ACCOUNTS. This section pertains to Multiple-Party Accounts. An account with two or more
Account Holders is a Multiple-Party Account. These accounts are also called joint Accounts and the Account Holders of
these accounts are also called joint Account Holders.
(A) Multiple-Party Account With Right of Survivorship. If your Account is a Multiple-Party Account with right of
survivorship, at the death of one of the joint Account Holders, the decedent's ownership interest in the Account will
immediately pass to the other Account Holders unless there is a different disposition made by a valid will specifically
referring to this Account. After the death of one of the joint Account Holders, the right of survivorship continues
between the surviving Account Holders.
(B) Multiple-Party Account Without Right of Survivorship. If your Account is a Multiple-Party Account without
right of survivorship, at the death of an Account Holder the deceased Account Holder's ownership interest passes as
part of the deceased Account Holder's estate.
EACH JOINT ACCOUNT HOLDER INTENDS THAT EACH OF THEM BE FULL OWNERS OF ALL OF THE FUNDS IN
THE ACCOUNT, IRRESPECTIVE OF WHO CONTRIBUTED THE FUNDS IN THE ACCOUNT. Each joint Account
Holder, without the consent of any other Account Holder, may make any transaction allowed under the Agreement,
including the following: (1) withdraw all or any part of the money in the Account; (2) pledge the Account as collateral
to us for any obligation; (3) endorse and deposit checks and other items payable to any joint Account Holder; (4) give
stop payment orders on any item, even if the item was drawn by someone else; (5) to consent to or revoke consent
to payment of service charges on overdrafts that result from ATM transactions or one-time debit card transactions
under the Standard Overdraft Policy; and (6) close the account, and decide how to pay the money in the Account. Any
joint Account Holder may act for the other Account Holder(s). We may accept orders and instructions regarding the
Account from any joint Account Holder. If we believe that there may be a dispute between joint Account Holders or if
we receive inconsistent instructions, we may suspend or close the Account (after giving any notice required by law),
we may require a court order to act, and we may require that all joint Account Holders agree in writing to any
transaction concerning the Account.
Your obligations under the Agreement are joint and several. This means that each joint Account Holder is fully and
personally obligated under the Agreement for all of your obligations. This includes liability to us for overdrafts and
account charges. Each joint Account Holder is liable for all overdrafts and account charges, even if only one Account
Holder caused this to happen, knew about it, or received a benefit from any overdraft or account charges. Also, we
may use our right of setoff against the Account. The right of setoff is explained in the Agreement.
(C) Totten Trust Account. A Totten Trust Account is an information trust account, without a written trust
agreement. The trustee is the owner of the Account. The beneficiaries have no right to any funds in the Account while
the trustee is living. As the owner of the Account, the trustee may withdraw money from the Account. Also, the
trustee may change the beneficiary by notifying us in writing. When the trustee dies, the Account is owned by the
named beneficiary or beneficiaries. If the Totten Trust Account is held by more than one trustee, the trustees are
covered by the above rules for Multiple-Party Accounts. If there is no surviving beneficiary when the last trustee dies,
state law will determine who owns the money in the Account.
(D) P.O.D. Account. A Payable on Death (P.O.D.) Account is an account payable to the Account Holder during his or
her lifetime. As the owner of the Account, the Account Holder may withdraw money from the Account. Also the
Account Holder may change the P.O.D. payee on the Account. When the Account Holder dies, the Account is owned by
the P.O.D. payees. If the P.O.D. Account is held by more than one person, each Account Holder is covered by the
above rules for Multiple-Party Accounts. If there is no surviving P.O.D. payee when the last Account Holder dies, state
law will determine who owns the money in the Account.
(E) FBO Account. A FBO account is an account owned and controlled by us "for the benefit" of you and your end-
users. To open an FBO account, we may require you to provide us with additional information relating to your
business and the individuals you do business with, as well as other due diligence information, as determined in our
sole discretion. We reserve the right to designate and/or limit the services associated with the FBO account. In the
event of any investigation regarding the FBO account, you will be solely responsible for the costs and expenses
incurred by us in cooperating with the investigation and shall indemnify and hold us harmless from any judgment,
fines and/or damages assessed as a result of the investigation. As a result of us owning the FBO account, you will
receive "view only" access to the FBO account.
ADDITIONAL ACCOUNT TYPES. This section applies to other deposit account types:
(A) Formal Trust Account. A Formal Trust Account is an account held by one or more trustees for the benefit of one
or more beneficiaries according to a written trust agreement. The trustees must give us a copy of any trust agreement
covering the Account if we ask for it. We act only as a custodian of the trust funds. We are not required to act as a
trustee or to ask about the powers or duties of any trustee.
(B) Uniform Transfer to Minors. If you open the Account as a custodian for a minor beneficiary under the state's
Uniform Transfers to Minors Act or Uniform Gifts to Minors Act, your rights and duties are governed by the Act. You
may not pledge the Account as collateral for any loan to you. We will hold all deposits in the Account only for the
benefit of the minor.
(C) Representative Payee Accounts. A Representative Payee Account is a type of fiduciary account in which a
representative payee (appointed by the Social Security Administration) manages Social Security and Supplemental
Security funds received on behalf of a beneficiary. The representative payee must provide us with copies of
documents from the Social Security Administration showing that the representative payee is the representative payee
for the Account Holder. We may require other forms showing that the representative payee is allowed to act for the
Account Holder. The representative payee does not have an ownership interest in the Account funds. The
representative payee does not have a right of survivorship in the Account on the death of the Account Holder. We act
only as custodian of the funds. We are not required to act as a trustee or to ask about the powers or duties that the
representative payee may have.
(D) Agency Account. An Agency Account is an account with money deposited and withdrawn by an Agent. The
owner of the funds chooses the Agent. The Agent has the right to deposit and withdraw money, but does not own the
account. An Agency Account can be cancelled at any time by notifying us in writing. An Agent may be used with one
of the other types of account.
(E) Business Accounts. If the Account is not owned by a natural person, the Account Holder must give us a form
that shows who can sign for the Account Holder. This applies to corporations, partnerships, sole proprietorships,
associations, and similar organizations.
(F) Attorney Client Trust Subject to applicable law, an Attorney Client Trust or IOL TA Trust Account is an account
set up by an attorney or law firm to hold client or third party funds in trust, separate from the attorney's or law firm's
funds. Upon our request, the authorized signers for an Attorney Client Trust or IOL TA Trust Account will provide
documentation required by applicable state law and applicable bar association (or similar entity) rules. We act only as
custodian of the trust funds and are under no obligation to act as a trustee or to inquire as to the powers or duties of
the attorney or law firm as trustee(s). The attorney, law firm, or any authorized individual on the account agrees to
indemnify and hold us harmless from and against any and all loss, costs, damage, liability, or exposure, including
reasonable attorney's fees, we may suffer or incur arising out of any action or claim by any beneficiary or third party
with respect to the authority, actions, or inaction taken by the trustee(s) or authorized individuals in handling or
dealing with the account. Additional account terms are governed by a separate agreement. If this is an IOL TA Trust
Account, we will not permit the lawyer or law firm to receive the interest. The interest (minus applicable fees) on an
IOL TA Trust Account will be remitted to the Minnesota Judicial Branch Finance Department, pursuant to your
instructions and at your request. IOL TA Trust Accounts are used to hold an attorney's or law firm's client funds that
are nominal in amount or held for short periods of time.
(G) Real Estate Broker Client Trust Accounts. A real estate broker may open account(s) to hold client or third
party funds in trust apart from the broker's other funds. We act only as a custodian of the trust funds. We are not
required to act as a trustee or to ask about the powers or duties of any broker as trustee. Upon our request, the
broker will give us any documents required by law and/or real estate professional rules. This category of account
includes Real Estate Trust Accounts Client Trust Accounts.
(H) Government/Municipal/Public Funds Accounts. This type of account is owned by a government or public
entity. For this type of account, you must give us a form that lists us as a depository for the funds of the government
or public entity. Also, the form must say who can sign for the government or public entity account holder. If required
by law, you agree to enter into a Collateral Security Agreement regarding this type of account.
(I) Health Savings Account. A Health Savings Account (HSA) is a tax preferred account that you agree: a) you
are eligible to open and maintain, b) to notify us when you are no longer eligible to maintain, c) will be used for
contributions, withdrawals, and earnings for qualified medical expenses or as allowed by law, and d) you will execute
and comply with the terms and conditions in the Health Savings Account Trust or Custodial Agreement. Consult your
tax advisor about the tax treatment of contributions, withdrawals and earnings.
FINANCIAL INSTITUTION LIABILITY. If we do not properly complete a transaction according to the Agreement,
we are not liable for losses or damages greater than the amount of the transaction, or if money in your Account is
affected by some legal process or other claim. We are not liable for consequential damages (indirect losses or injuries
that result from an act). When we receive items from you for withdrawal or deposit, we are acting only as your agent.
You are responsible for the condition of a check or item when you issue it. If a check or item is returned or payment is
delayed as a result of any writing or marking that you or a prior endorser placed on the front or back of the check or
item, you will be responsible for any cost and liabilities associated with such return or delay. If any deposited item is
lost in the collection process, we may reverse credit for the deposited item or charge your Account for the item.
RIGHT OF SETOFF. We may use our right of setoff against any or all of your accounts (except IRA, HSA, Keogh plan
and Trust Accounts) without notice, if allowed by law. This means that we may charge your deposit accounts for any
of your liabilities or debts to us. If the Account is a joint account, we may set off against the entire balance of the
Account, irrespective of who contributed the funds to the Account, as well as against any and all accounts of each
Account Holder, even though only one joint Account Holder owes us money. We may not exercise our right of setoff or
security interest if prohibited by the Military Lending Act.
DORMANT ACCOUNTS. Your Account is dormant if you have not made a withdrawal from it or deposit to it for a long
period of time and we have been unable to reach you. If your Account is dormant, we may, if allowed by law, charge a
dormant account fee on your Account. Your Account is abandoned if you have not made a deposit or withdrawal and
we have had no contact with you for a period of years set by the state law. Funds in abandoned accounts will be sent
to a state agency, in accordance with state law. After the funds have been sent to the state, we are not responsible
for them. If you choose to reclaim the funds, you may apply to the state agency. We reserve the right not to send
statements on accounts we consider dormant, subject to applicable law.
ACCOUNT STATEMENTS. You are responsible for promptly examining each account statement and reporting any
problems to us. Each account statement will be considered to correctly reflect your transactions, such as deposits,
withdrawals, credits, refunds, imposition of fees, interest or dividends, and other additions and subtractions to your
Account, unless you notify us in writing within certain time limits after the statement that incorrectly reflects your
transactions is made available to you. We will not be liable for any altered check or any check with a forged signature
unless you notify us within 30 calendar days after the statement and the altered or forged item(s) are made available.
We are also not liable for any later items paid in good faith containing an unauthorized signature or alteration by the
same person unless you notify us within 1 0 calendar days after the statement and the first altered or forged item
were made available. You must report any other Account problem including errors involving additions or subtractions
(debits and credits) not otherwise covered herein, including electronic transactions not covered by the Electronic Fund
Transfer Act, within 60 calendar days. If the suspected account problem involves a substitute check that you receive,
you may (under some circumstances) be entitled to make a claim for an expedited refund. Such a claim may be
subject to different notification timeframes. See the Substitute Check Policy Disclosure (if applicable) for further
information. If you have asked us to hold your Account statements, we may mail them to you if you have not claimed
them within 30 calendar days. We might not return the original checks to you with your statement. If we keep the
checks, it does not change or reduce your responsibility to examine your statements, or change the time limits for
notifying us of any errors.
WHOLESALE WIRE AND ACH TRANSACTIONS. From time to time you may be a party to a.n Automated Clearing
House ("ACH") entry or a wholesale (wire) funds transfer which may be credited to your Account. The Uniform
Commercial Code Article 4A governs wholesale wire transfers as well as any commercial ACH credit entry and any
consumer ACH credit entry excluded from the Electronic Funds Transfer Act. The Electronic Funds Transfer Agreement
and Disclosure provided to you (if applicable) reflects our policies relating to the electronic funds transfers governed
by the Electronic Funds Transfer Act.
(A) Provisional Payment. Credit given by us to you with respect to an ACH credit or wholesale (wire) funds transfer
entry is provisional until we receive final settlement for such entry through a Federal Reserve Bank. If we do not
receive final settlement, you are hereby notified and agree that we are entitled to a refund of the amount credited to
your Account in connection with such entry, and the party (the originator of the entry) making payment to you via
such entry shall not be deemed to have paid you the amount of such entry.
(B) Notice of Receipt. We will notify you of the receipt of payments in the periodic account statements we provide
to you. You acknowledge that we will not give next day notice to you of receipt of an ACH or wholesale (wire) funds
transfer item.
UNLAWFUL INTERNET GAMBLING TRANSACTIONS PROHIBITED. If you are a commercial customer, you certify
that you are not now engaged in, and during the life of this Agreement will not engage in, any activity or business
that is unlawful under the Unlawful Internet Gambling Enforcement Act of 2006, 31 USC 5361, et seq., (the "UIGEA").
You may not use your Account or any other service we offer to receive any funds, transfer, credit, instrument or
proceeds that arise out of a business that is unlawful under the UIGEA. You agree that if anyone asks us to process a
transaction that we believe is restricted under the UIGEA, we may block the transaction and take any other action we
deem to be reasonable under the UIGEA and this Agreement.
NOTICES. The following terms apply to notices relating to your Account. (A) Notice of Amendments. We may change
the terms and conditions of the Agreement from time to time. We will notify you of any changes to the Agreement, if
required by law. By using the Account after we notify you, you agree to all changes. We will send notices to the most
recent address shown on our records for your Account. Notice to only one of you is required for a joint account. (B)
Account Changes. Any account holder or person authorized to sign on an account is required to notify us in writing if
any account holder or other person authorized to sign on an account dies or is declared incompetent by a court. You
are responsible for notifying us of any change in your address or your name. We are required to pay items drawn only
on the listed Account name. We are required to try to communicate with you only at the most recent address you
have given to us.
ACCOUNT TERMINATION. We or you may close your Account at any time without reason. Before we close your
Account, we will give you notice required by law. If we close your Account, we will send the balance on deposit to your
most recent address shown on our records. When an interest bearing account is closed, there may be accrued interest
that has not been credited to the account. In that case, we will pay you the interest UNLESS we have told you
otherwise. You may close your Account by notifying us in writing. We are not responsible for payment of any check,
withdrawal, or other item once your Account is closed.
GOVERNING LAW. The Agreement is governed by all applicable federal laws and regulations and laws and
regulations of the state of Minnesota in which we are located and any local clearinghouse rules. You understand that
we have to comply with these laws, regulations and rules. If the Agreement is not consistent with any law, regulation
or rule, then the law, regulation or rule will govern.
FEES AND EXPENSES. If there is a legal action, or if there is a dispute involving your Account, you agree to pay us
our reasonable attorneys' fees, legal expenses and costs, if allowed by law. This includes those fees, expenses and
costs on any appeal. You also agree that we may deduct all of the fees, expenses and costs from your Account, or we
may bill you. We do not have to notify you before we deduct those amounts from your Account.
SYSTEMS AND SOFTWARE. We shall not be responsible to you for any loss or damages suffered by you as a result
of the failure of systems and software used by you to interface with our systems or systems and software utilized by
you to initiate or process banking transactions whether such transactions are initiated or processed directly with our
systems or through a third party service provider. You acknowledge that you are solely responsible for the adequacy
of systems and software utilized by you to process banking transactions and the ability of such systems and software
to do so accurately.
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.
CREDIT VERIFICATION. We may request and obtain one or more credit reports and other information about you
from one or more credit reporting agencies or financial institutions so we can consider your Account application, or
review or collect your Account, or for any other legitimate business purpose.
MISCELLANEOUS PROVISIONS. If you or your Account are involved in any legal action, your use of the Account
may be limited. You agree not to use the Account in any illegal activity. We may comply with any court order or other
legal process that we receive. We will not be liable to you if we do so. Our managers may listen to your telephone
conversations with us to make sure that you are treated accurately, courteously and fairly. If you ask us to follow
instructions that we believe may expose us to claim, action, suit, expense, liability, or damages, we may refuse to
follow your instructions or may require a bond or other protection. An example of the kind of protection we may
request would be your promise to defend us against such exposure and to pay all of our legal fees and costs for the
defense. Any action by us for reimbursement from you for any costs or expenses may also be made against your
estate, heirs and legal representatives, who shall be liable for any claims made against and expenses incurred by us.
If a court finds that any provision of the Agreement is invalid or cannot be enforced, the rest of the Agreement will not
be affected. If allowed by law, the invalid or unenforceable provision will be automatically changed so that it is
enforceable or valid. If it cannot be made valid and enforceable, it will be automatically deleted from the Agreement.
All other provisions of the Agreement will remain valid and enforceable.
REGULATION E DISCLOSURE
This form complies with federal and Minnesota law. It applies to our electronic fund transfer (EFT) services. Electronic
funds transfers are electronic transfers of money to of rom your deposit account with us. This form states your and
our rights and responsibilities for electronic fund transfers. In this form, the words “you” and “your” mean each and all
who sign as applicants and any users of the service. The words “we,” “us” and “our” mean the Financial Institution.
The abbreviation “PIN” or word “code” means a personal identification number.
Types of Transfers: You may use the automated teller machine (ATM) card and personal identification number (PIN)
issued to you to initiate transactions at ATMs of ours, ATMS within the networks identified on your card and such other
facilities as we may designate from time to time. Unless you specify a different account during automated teller
machine (ATM) transactions, your Primary Account will be used for your transactions. Your Primary Account number
and information may be obtained from the ATM Request Form. At present you may use your card to (some of these
services may not be available at all ATMs):
• Deposit funds to your checking account
• Withdraw cash from your checking account
• Deposit funds to your savings account
• Withdraw funds from your savings account
• Transfer funds between your checking and savings accounts
• Obtain balance information on your deposit accounts
ATM Fees. When you use an ATM not owned by us, you may be charged a fee by the ATM operator or any network
used (and you may be charged a fee for balance inquiry even if you do not complete a fund transfer).
ATM Fees. When you use an ATM not owned by us, you may be charged a fee by the ATM operator or any network
used (and you may be charged a fee for balance inquiry even if you do not complete a fund transfer).
Other EFT Transactions. You may access certain account(s) you maintain with us by other EFT transaction types as
described below.
Electronic Check Conversion. You may authorize a merchant or other payee to make a one-time electronic
payment from your account using information from your check to pay for purchases or pay bills. Electronic check
conversion is a payment process in which a merchant or other payee (after obtaining your authorization) uses your
check to gather routing, account, and check number information to initiate a one-time EFT. When information from
your check is used to make an electronic fund transfer, funds may be withdrawn from your account as soon as the
same day you make your payment. This type of EFT transaction involving a consumer account is covered by the
Electronic Funds Transfer Act and this disclosure. A description of the transaction will appear on your statement.
Re-presented Check Transactions and Fees. You may authorize a merchant to electronically collect a fee
associated with the re-presentment of a check that is returned due to insufficient or unavailable funds. The resulting
fee transaction, if debited as an EFT from a consumer account, is covered by the Electronic Funds Transfer Act and
this disclosure. When a merchant re-presents a check electronically, that transaction is not covered by the Electronic
Funds Transfer Act or this disclosure. A description of the transaction will appear on your statement.
The following limitations may be applicable to your accounts, except as provided by law:
Liability for Unauthorized Mastercard Debit Card Transactions on Cards Issued to Certain Consumers and
Small Businesses. The zero liability limit described below only applies to a United States-issued Mastercard branded
debit card issued to: (i) a natural person, or (ii) a business or other entity only if the card is issued under a "small
business" program described on Mastercard's website at www.mastercard.us/en-us.html. The zero liability limit
described below does not apply if you are a business or an entity of any sort (corporation, limited liability company,
partnership, etc.) unless the card issued to you is a "small business" card described above. The zero liability limit
described below does not apply until your identity is registered by or on behalf of the card issuer. Under Mastercard's
zero liability policy as described in the Mastercard Rules (as may be amended from time to time), the zero liability
limitation described below may not apply for other reasons.
Tell us AT ONCE if you believe your Mastercard debit card has been lost or stolen or if you believe any unauthorized
transactions have been made using your Mastercard debit card. Your liability for unauthorized use of your debit card
with the Mastercard logo will not exceed zero dollars ($0.00) if the following conditions have been met: (i) you have
exercised reasonable care in safeguarding your card from risk of loss or theft; and (ii) upon becoming aware of such
loss or theft you promptly reported the loss or theft to us. If the conditions set forth above have not been met, you
may be liable for unauthorized transactions to the extent allowed under applicable law (for example, see Liability for
Unauthorized Transfers paragraph below). To notify us of lost or stolen cards, or of unauthorized transactions, call
or write to us at the telephone number or address set forth in the Liability for Unauthorized Transfers paragraph
below. This will help prevent unauthorized access to your account and minimize any inconvenience.
Mastercard is a registered trademark of Mastercard Worldwide or its subsidiaries in the United States.
In addition to the limitations set forth above, the following limitations may be appliciable to your
consumer accounts:
Liability for Unauthorized Transfers. Tell us AT ONCE if you believe your card, ATM PIN, or POS card or PIN has
been lost or stolen or if you believe that an electronic fund transfer has been made without your permission using
information from your check. Telephoning is the best way of keeping your possible losses down. You could lose all the
money in your account (plus your maximum overdraft line of credit). If you tell us within sixty (60) days after you
receive a statement that shows any transfers that you did not make, you can lose no more than $50.00 if your card is
lost or stolen and someone used your card without your permission. Also, if your statement shows transfers that you
did not make, including those made by card code or other such means, tell us at once. If you do not tell us within
sixty (60) days after you receive the statement, you may not get back any money lost after the sixty (60) days if we
can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason
(such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods. If you believe that
your card or code has been lost or stolen or that someone has transferred or may transfer money from your account
without your permission, call (651) 636-9654, or write us at North American Banking Company,2230 Albert Street,
Roseville, MN 55113. You should also call the number or write this address if you believe a transfer has been made
using the information from your check without your permission.
The above limitations do not apply to business accounts, unless otherwise required by law. You accept responsibility
for implementing commercially reasonable security measures to safeguard your business account card, ATM PIN, or
POS card or PIN, Audio Response PIN, or online and/or mobile banking PIN from unauthorized use. If you authorize
employees, agents, or others to use your card or code, you shall be liable for transactions conducted by such
additional users. You are responsible for promptly examining your statement each statement period and reporting any
unauthorized transaction within a reasonable time, not to exceed Sixty (60) calendar days after the statement is
made available. If you believe that your card or code has been lost or stolen or that someone has transferred or may
transfer money from your account without your permission, call (651) 636-9654.
Illegal Transactions. You may not use your ATM, POS, or Debit Card, or other access device for any illegal or
unlawful transaction, and we may decline to authorize any transaction that we believe poses an undue risk of illegality
or unlawfulness. Notwithstanding the foregoing, we may collect on any debt arising out of any illegal or unlawful
transaction.
Business Days. For purposes of these electronic funds transfer disclosures, our business days are Monday through
Friday. Holidays are not included.
Stop Payments on ATM, POS or Debit Card Transactions. You may not place a stop payment order on any ATM, POS,
or debit card transaction.
Stop Payments on ATM, POS, or Debit Card Transactions. You may not place a stop payment order on any ATM,
POS, or debit card transaction.
Documentation.
Periodic Statement. You will get a monthly account statement from us, unless there are no transactions in a
particular month. In any case you will get a statement at least quarterly. You will get a quarterly statement from us
on your savings account if this is the only account you have and the only possible electronic transfer to or from the
account is a preauthorized deposit.
Terminal Receipt. You can get a receipt at the time you make a transfer to or from your account using one of our
ATMs or a POS terminal. However, receipts for transactions of $15.00 or less may not always be available.
Direct Deposits. If you have arranged to have direct deposits made to your account at least once every sixty (60)
days from the same person or company, you can call us at (651) 636-9654 to find out whether or not the deposit has
been made.
Our Liability for Failure to Make Transfers. If we do not complete a transfer to or from your account on
time or in the correct amount according to our agreement with you, we will be liable for your losses or damages.
However, there are some exceptions. We will NOT be liable for instance:
• If, through no fault of ours, you do not have enough money in your account to make the transfer.
• If the money in your account is subject to legal processes or other claim restricting such transfer.
• If the transfer would go over the credit limit on your overdraft line.
• If the ATM where you are making the transfer does not have enough cash.
• If the terminal or system was not working properly and you knew about the breakdown when you started the
transfer.
• If circumstances beyond our control (such as fire or flood) prevent the transaction, despite reasonable
precautions that we have taken.
• There may be other exceptions stated in our agreement with you.
In Case of Errors or Questions About Your Electronic Transfers. Telephone us at (651) 636-9654, or write us at
North American Banking Company, 2230 Albert Street, Roseville, MN 55113 as soon as you can, if you think your
statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We
must hear from you no later than sixty (60) days after we sent the FIRST statement on which the problem or error
appeared.
• Tell us your name and account number (if any).
• Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is
an error or why you need more information.
• Tell us the dollar amount of the suspected error.
If you tell us orally, we may require that you send us your complaint or question in writing within ten (10) business
days.
We will determine whether an error occurred within ten (10) business days after we hear from you and will correct
any error promptly. If we need more time, however, we may take up to forty-five (45) days to investigate your
complaint or question. If we decide to do this, we will credit your account within ten (10) business days for the
amount you think is in error, so that you will have the use of the money during the time it takes us to complete our
investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10)
business days, we may not credit your account.
If a notice of error involves an electronic fund transfer that occurred within thirty (30) days after the first deposit to
the account was made, the error involves a new account. For errors involving new accounts, point of sale debit card
transactions, or foreign-begun transactions, we may take up to ninety (90) days to investigate your complaint or
question. For new accounts, we may take up to twenty (20) business days to credit your account for the amount you
think is in error.
We will tell you the results within three (3) business days after completing our investigation. If we decide that there
was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our
investigation.
Confidentiality. We will disclose information to third parties about your account or the transfers you make:
• Where it is necessary for completing transfers; or
• To verify the existence and condition of your account upon the request of a third party, such as a credit
bureau or merchant; or
• To comply with government agency or court orders; or
• If you give us your written permission.
Personal Identification Number (PIN). The ATM PIN or POS PIN is for security reasons. The numbers are
confidential and should not be given to anyone else or listed on the card. You must keep your numbers safe. You
agree not to give your ATM PIN or POS PIN to anyone who cannot sign on your accounts.
Notices. All notices from us will be effective when we have mailed them or delivered them to your last known address
on our records. Notices from you will be effective when we receive the notice at our telephone number or address
shown in this Agreement. We may change the terms and conditions for any EFT service. We will mail notice to you at
least twenty-one (21) days before the effective date of any change, as required by law. Use of EFT service is governed
by regulations and any future changes to those regulations.
Enforcement. If you or we bring legal action to enforce this Agreement or to collect amounts owing as a result of any
Account transaction, the party who wins will receive reasonable attorneys’ fees and costs, including fees on any
appeal, to the extent allowed by law.
Cancelation of ATM and POS Services. You agree that we may cancel this Agreement and your use of the ATM
Card or POS services, if:
• You breach this or any other agreement with us;
• We have reason to believe that there has been an unauthorized use of your ATM PIN or POS card or PIN;
• We notify you or any other person on your account that we have canceled or will cancel this Agreement. You
or any other person on your account can cancel this Agreement by notifying us in writing.
Service is canceled the first business day after we receive your written notice. Canceling this Agreement will
not affect your right or our rights and responsibilities under this Agreement for transaction begun before the
agreement is canceled.
Stop Payment Rights. If you have told us in advance to make regulation electronic fund transfers out of your
account(s), you can stop any of these payments. Here’s how: You must call us at the telephone number listed in this
form, or write us at the address listed in this form, in time for us to receive your request three (3) business days or
more before the payment is schedule to be made. If you call, we may also require you to put your request in writing
and get it to us within fourteen (14) days after you call. If you don’t, your stop payment will not bind us after fourteen
(14) days. We will charge you $30.00 for each stop payment order you give.
Notice of Varying Amounts. If these regular payments may vary in amount, the person you are going to pay will
tell you, ten (10) days before each payment, when it will be made and how much it will be. You may chose instead to
get this notice only when the payment would differ by more than a certain amount from the previous payment, or
when the amount would fall outside certain limits that you set.
Liability for Failure to Stop Payment of Preauthorized Transfers. If you order us to stop one of these payments
three (3) business days or more before the transfer is schedule, and we do not do so, we will be li-able for your losses
or damages.
Delay. There may be a delay between the time you make a deposit and when you can withdraw the money. You
should review our Funds Availability Policy to find out when you can withdraw money that you deposit at ATMs.
Other Minnesota Disclosures. ATM Transactions are completed immediately with us. You cannot reverse a transfer
of money through an ATM. Payment for goods or services by transfer of money through an ATM does not affect any of
your rights, protections, or liabilities under existing law concerning a cash or credit sale made by means other than
through use of an ATM. We are liable for all unauthorized withdrawals at an ATM or a POS unless the unauthorized
withdrawal was due to the loss of theft of the card, in which case you are liable, up to a maximum liability of $50.00,
for those unauthorized withdrawals made before we are notified of the loss or theft. The limitation of liability is
effective only if the card issuer is notified of unauthorized charges contained in a bill within sixty (60) days of receipt
of the bill by the person in whose name the card is issued. An unau-thorized withdrawal is a withdrawal by a person
other than you who does not have actual, implied or apparent authority for such withdrawal, and from which
withdrawal you receive no benefit.
You may bring a civil action against any person violating the consumer privacy and unauthorized withdrawal
provisions of Minnesota law. In addition to actual damages of $500.00 (whichever is greater), you may recover
punitive damages, plus court costs and reasonable attorneys’ fees incurred.
To protect the privacy of customers using electronic financial terminals, including any supporting equipment,
structures or systems, information received by or processed through such terminals, supporting equipment, structures
or systems shall be treated and used only in accordance with applicable law relating to the dis-semination and
disclosure of such information. The person establishing and maintaining an electronic financial terminal, including any
supporting equipment, structures or systems, shall take steps as are reasonably neces-sary to restrict disclosure of
information to that necessary to complete the transaction and to safeguard any information received or obtained
about a customer or his or her account from misuse by any person manning an electronic financial terminal, including
any supporting equipment, structures, or systems.
To make check processing faster, federal law permits credit unions and banks to replace original checks with “substi-
tute checks.” These checks are similar in size to original checks with a slightly reduced image of the front and back of
the original check. The front of the substitute check states” This is a legal copy of your check. You can use it the
same way you would use the original check.” You may use a substitute check as proof of payment just like the original
check.
Some or all of the checks that you receive back from us may be substitute checks. This notice describes rights you
have when you receive substitute checks from us. The rights in this notice do not apply to original checks or to elec-
tronic debits to your account. However, you have rights under other law with respect to those transactions.
In certain cases, federal law provides a special procedure that allows you to request a refund for losses you suffer if a
substitute check is posted to your account (for example, if you think that we withdrew the wrong amount from your
account or that we withdrew money from your account more than once for the same check.) The losses you may at-
tempt to recover under this procedure may include the amount that was withdrawn from your account and fees that
were charged as a result of the withdrawal (for example, bounced check fees).
The amount of your refund under this procedure is limited to the amount of your loss or the amount of the substitute
check, whichever is less. You are also entitled to interest on the amount of your refund if your account is an interest-
bearing account. If your loss exceeds the amount of the substitute check, you may be able to recover additional
amounts under other law.
If you use this procedure, you may receive up to $2,500.00 of your refund (plus interest if your account earns inter-
est) within ten (10) business days after we received your claim and the remainder of your refund (plus interest if your
account earns interest) no later than forty-five (45) calendar days after we received your claim.
We may reverse the refund (including any interest on the refund) if we later are able to demonstrate that the substi-
tute check was correctly posted to your account.
If you believe that you have suffered a loss relating to a substitute check that you received and that was posted to
your account, please contact us at North American Banking Company, 2230 Albert Street, Roseville, MN 55113, (651)
636-9654. You must contact us within sixty (60) calendar days of the date that we mailed (or otherwise delivered by
a means to which you agreed) the substitute check in question or the account statement showing that the substitute
check was posted to your account, whichever is later. We will extend this time period if you were not able to make a
timely claim because of extraordinary circumstances.
Rate Information: For Current Rate Information please see the attached rate sheet or call 651.714.6420. The interest
rate and annual percenta yield may change. At our discretion, we may change the interest rate on the account at any
time. Interest begins to accrue on the business day you deposit noncash items (for example, checks). Interest will
be compounded monthly and will be credited to the account monthly. Service fees may reduce earnings.
Balance Information: We use the average daily balance method to calculate interest on your account. This method ap-
plies a periodic rate to the average daily balance in the account for the period. The average daily balance is calculated
by adding the principal in the account for each day of the period and dividing that figure by the number of days in the
period. We will use an interest accrual basis of 365 (or 366 in leap year) for each day in the year. You must maintain
a minimum average daily balance of $500.00 to obtain the disclosed annual percentage yield.
Account Fees. Your monthly maintenance fee can be avoided by maintaining any one of the following requirements:
Rate Information: For Current Rate Information please see the attached rate sheet or call 651.714.6420. The interest
rate and annual percentage yield may change. At our discretion, we may change the interest rate on the account at
any time. Interest begins to accrue on the business day you deposit noncash items (for example, checks). Interest
will be compounded quarterly and will be credited to the account quarterly. Service fees may reduce earnings.
Balance Information. We use the daily balance method to calculate interest on your account. This method applies a
daily periodic rate to the principal in the account each day.
Limitations. You must deposit $100.00 to open this account. You may make six (6) transfers from your account each
four (4) week or similar period, if by preauthorized or automatic transfer, or telephone (including data transmission)
agreement, order or instruction or by check, draft, debit card or similar order (including POS transactions), made by
the depositor and payable to third parties. Transfers and withdrawals made in person, by messenger, by mail or at an
ATM are unlimited.
Account Fees. You must maintain an average daily balance of $50.00 to avoid the monthly maintenance fee. The
average daily balance is calculated by adding the principal in the account for each day of the period and dividing that
figure by the number of days in the period.
Rate Information: For Current Rate Information please see the attached rate sheet or call 651.714.6427. The interest
rate and annual percentage yield may change. At our discretion, we may change the interest rate on the account at
any time. Interest begins to accrue on the business day you deposit noncash items (for example, checks). Interest
will be compounded monthly and will be credited to the account monthly. Service fees may reduce earnings.
Balance Information. We use the daily balance method to calculate interest on your account. This method applies a
daily periodic rate to the principal in the account each day.
Limitations. You must deposit $100.00 to open this account. ou may make six (6) transfers from your account each
four (4) week or similar period, if by preauthorized or automatic transfer, or telephone (including data transmission)
agreement, order or instruction or by check, draft, debit card or similar order (including POS transactions), made by
the depositor and payable to third parties. Transfers and withdrawals made in person, by messenger, by mail or at an
ATM are unlimited.
Account Fees. You must maintain an average daily balance of $1,000.00 to avoid the monthly maintenance fee. The
average daily balance is calculated by adding the principal in the account for each day of the period and dividing that
figure by the number of days in the period.
Rate Information. For Current Rate Information please see the attached rate sheet or call 651.714.6427. Annual
Percentage Yield (APY) is based on compounding and crediting of interest annually and at maturity on terms one year
or longer and compounding at maturity for terms under one year. The APY assumes interest remains on deposit until
maturity. A penalty may be assess for early withdrawals. Service fees, including early withdrawal penalties, may
reduce earnings. Interest rates on Certificates are fixed for the term of the account. Interest begins to accrue on the
business day you deposit non-cash items, such as checks. For additional information, please contact a banker.
An active checking account is required to receive the special interest rate. An active checking account is defined as
Direct Deposit or three transactions per statement cycle.
Balance Information. We use the daily balance method to calculate the interest on the account. This method applies a
daily periodic rate to the principal in the account each day. We will use an interest accrual basis of 365 for each day in
the year. You must maintain a minimum balance of $500.00 in the account each day to obtain the disclosed annual
percentage yield.
Limitations. You must deposit $500.00 to open this account. You may not make additional deposits into this account.
You may not make withdrawals from your account until the maturity date.
MISCELLANEOUS FEES AND CHARGES
ACH Processing
ACH Monthly Maintenance: $25.00
ACH File Fee: $6.00 per file
ACH Item Fee: $.08 per item
ACH Return Item Fee: $5.00
IRD Archive Item: based on account
Statement Fees
Special Statement: $10.00
Statement Fee - Paper (to avoid this fee, register for online banking and agree to receive electronic
statements): $2.00
Statement Fee - Paper w/images (to avoid this fee, register for online banking and agree to receive electronic
statements): $5.00
Business Sweep Accounts
Zero Balance Sweep: $25.00 per month
Loan Sweep: $75.00 per month
Investment Sweep: $75.00 per month
Teller Fees
Zipper Bags: $5.00
Locked Bags: $20.00
Foreign Currency Purchase: cost of delivery Currency Orders: $1.00 per strap
Coin Deposited: $.10 per $100.00
Coin Orders: $.10 per roll
Canadian Exchange: Exchange Rate + $25.00 Non-customer Check Cashing Fee: 2%Money Order Fee:
$3.00
Cashier’s Check Fee: $5.00
ATM Fees
Access Check Card Daily Dollar Limit: $500.00
Access ATM Card Daily Dollar Limit: $200.00
ATM/Check Card Replacement: $5.00
Access Check and ATM card Visa International Service Fee: 1% of transaction amount
Research Fees
Research/Statement copies: $2.00 per copy
Research: $35.00 per hour
Account Reconciliation Fee: $25.00 per hour
External Transfers
Next Day Delivery: $3.00
3 Day Delivery: No Fee