Peach State FCU's Terms and Conditions of Your Business Account

AGREEMENT - This document, along with any other documents we give you pertaining to your account(s), is a contract that establishes rules that control all of your account(s) maintained by you with us unless otherwise noted by us. Please read this carefully. If you sign the signature card or open or continue to have your account with us, you agree to these rules. You will receive a separate schedule of rates, qualifying balances, and fees if they are not included in this document. If you have any questions, please call us. This agreement is subject to applicable federal laws and the laws of the state of Georgia (except to the extent that this agreement can and does vary such rules or laws). The body of state and federal law that governs our relationship with you, however, is too large and complex to be reproduced here. The purpose of this document is to:

  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 document is found to be unenforceable according to its terms, all remaining provisions will continue in full force and effect. We may permit some variations from our standard agreement, but we must agree to any variation in writing either on the Business Membership Application / Account agreement (BMAAA) for your account or in some other document. As used in this document the words “we”, “our,” and “us” mean the financial institution and the words “you” and “your” mean the account holder(s) and owner (s)(including any entity in whose name an account is opened), and anyone else with the authority to deposit, withdraw, or exercise control over the funds in the account. The headings in this document are for convenience or reference only and will not govern the interpretation of the provisions. Where the word “account” appears herein, it shall mean and refer collectively to any and all accounts maintained by you with us from time to time, whether now or in the future, where the context permits or requires. Unless it would be inconsistent to do so, words and phrases used in this document should be construed so the singular includes the plural and the plural includes the singular.

LIABILITY - You agree, for yourself (and the person or entity you represent if you sign as a representative of another) to the terms of this account and the schedule of charges. You authorize us to deduct these charges directly from the account balance as accrued. You will pay any additional reasonable charges for services you request which are not covered by this agreement. 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 can be deducted directly from the account balance whenever sufficient funds are available. You have no right to defer payment of this liability, and you are liable regardless of whether you signed the item or benefited from the charge or overdraft, This includes liability for our costs to collect the deficit including, to the extent permitted by law, our reasonable attorneys’ fees.

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”). 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. 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 following business day that we are open. When you deposit or negotiate an item previously endorsed by another party(s), you as the last endorser guarantee that all prior endorsements are valid. In the event such an item is returned unpaid for any reason, you authorize us to debit your Account for the amount of the returned item. In receiving items for deposit or collection, we act as your collection agent and assume no responsibility beyond the exercise of ordinary care. Special instructions for handling an item will be effective only if accepted by us and given to us along with the item in question. We will not be liable for default or negligence of any subsequent collecting banks or for items lost in transit. All items are credited subject to final payment and receipt of proceeds by us. Without prior notice to you, we may charge back any item at any time, whether the item is returned or not. You hereby authorize us to pursue collection of previously dishonored items, and in so doing we may permit the payor bank to hold an item beyond the midnight deadline. In the event a check you write and deliver to the payee is lost at any time after the check is deposited at a bank or other financial institution, you authorize us to charge your account with a photocopy of said check unless you have followed all necessary stop payment requirements.

WITHDRAWALS - Unless clearly indicated otherwise on the account records, any authorized signer (or their duly appointed agent and attorney-in-fact), acting alone, who signs in the space designated for signatures on the signature card may withdraw or transfer all or any part of the account balance at any time. You (until we receive written notice to the contrary and have a reasonable time to act on the notice) authorize each other person signing the BMAAA (or their duly appointed agent and attorney-in-fact) to indorse any item payable to you or your order for deposit to this account or any other transaction with us. We may charge your account for a check even though payment was made before the date of the check, unless we have received written notice of the postdating in time to have a reasonable opportunity to act. We may refuse any withdrawal or transfer request which you attempt on forms not approved by us, by any method we do not specifically permit, which is greater in number than the frequency permitted, or which is for an amount greater or less than any withdrawal limitations. Even it we honor a nonconforming request, we may treat continued abuse of the slated limitations (if any) as your act of closing the account, We will use the date the transaction is completed by us (as opposed to the date you initiate it) to apply the frequency limitations. The fact that we may honor withdrawal requests that overdraw the available account balance does not obligate us to do so later. See the funds availability policy disclosure for information about when you can withdraw funds you deposit. For those accounts for which our funds availability policy disclosure does not apply, you can ask us when you make a deposit when those funds will be available for withdrawal.

OWNERSHIP OF ACCOUNT AND AUTHORIZED SIGNERS - These rules apply to this account depending on the form of ownership and beneficiary designation, if any, specified on the account records. We reserve the right to refuse some forms of ownership on any or all of our accounts. We, in our absolute discretion, shall not be required to maintain a particular account or style of account with any member and we may refuse to open an account, refuse any deposit, limit the amount which may be deposited, return all or any part of a deposit or close the account without advance notice and without liability to you. We make no representations as to the appropriateness or effect of the ownership and beneficiary designations, except as they determine to whom we pay the account funds. For our Business Account(s) we recognize the following forms of ownership: (a) Sole Proprietorship; (b) General Partnership; (c) Limited Partnership; (d) Limited Liability Partnership; (e) Limited Liability Limited Partnership (f) Corporation; (g) Limited Liability Company; (h) Joint Venture; (i) Incorporated Not For Profit Organization; and (j) Trustee. Prior to opening an account with us you must provide us with all necessary evidence of legal existence and authority to open a particular account. We will rely upon the BMAAA, resolution or other written designation of authorized signers on any account (including any duly appointed agent or attorney-in-fact) until we have received written notice that the authority has been terminated and we have had a reasonable time to act upon the notice. Each signer, or combination of signers, named on your signature card, resolution or power of attorney is authorized to endorse and deposit items payable to your account, sign checks or drafts, place and remove stop payment requests, make withdrawals, pledge the account as security for an obligation, borrow money on behalf of Owner and in Owner’s name and secure same in any manner and otherwise exercise complete dominion and control over the account, as the owner thereof. We do not, however, verify the signatures on every check or draft paid against your account(s), which is in accordance with industry standards. When you receive your monthly statement, you should carefully and promptly examine it to verify only authorized checks and drafts have been paid.

STOP PAYMENTS - You must make any stop-payment order in the manner required by law and we must receive it in time to give us a reasonable opportunity to act on it before our stop-payment cutoff time. To be effective, your stop-payment order must precisely identify the number, date and amount of the item, and the payee. You may stop payment on any item drawn on your account whether you sign the item or not, if you have an equal or greater right to withdraw from this account than the person who signed the item. Only the person who initiated the stop-payment order may make a release of the stop-payment request. Our stop-payment cutoff time is one hour after the opening of the next banking day after the banking day on which we receive the item. Additional limitations on our obligation to stop payment are provided bylaw (e.g., we paid the item in cash or we certified the item).

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. Unless a different limitation is disclosed in writing, we restrict the number of transfers from a savings account to another account or to third parties, to a maximum of six per month (less the number of “preauthorized transfers” during the month). Other account transfer restrictions may be described elsewhere.

AMENDMENTS AND TERMINATION – We may change our bylaws and any term of this agreement. Rules governing changes in rates are provided separately. For other changes we will give you reasonable notice in writing or by any other method permitted by law. We may close this account if your membership in the credit union terminates, or by giving reasonable notice to you and tender of the account balance personally or by mail. At our option, we may suspend your rights to member services if you violate the terms of this agreement. You must keep us informed of your current address at all times. Notice from us to any one of you is notice to all of you.

STATEMENTS - You must examine your statement of account with “reasonable promptness.” If you discover (or reasonably should have discovered) any unauthorized signatures or alterations, you must promptly notify us of the relevant facts. As between you and us, if you fail to do either of these duties, you will have to either share the loss with us, or bear the loss entirely yourself (depending on whether we used ordinary care and, if not, whether we substantially contributed to the loss). The loss could be not only with respect to items on the statement but other items with unauthorized signatures or alterations by the same wrongdoer.

You agree that the time you have to examine your statement and report to us will depend on the circumstances, but will not, in any circumstance, exceed a total of 30 days from when the statement is first sent or made available to you.

You further agree that if you fail to report any unauthorized signatures, alterations, forgeries, or any other errors in your account within 60 days of when we first send or make the statement available, you cannot assert a claim against us on any items in that statement, and as between you and us the loss will be entirely yours. This 60-day limitation is without regard to whether we used ordinary care. The limitation in this paragraph is in addition to that contained in the first paragraph of this section.

ACCOUNT TRANSFERThis account may not be transferred or assigned without our prior written consent.

DIRECT DEPOSITS - If, in connection with a direct deposit plan, we deposit any amount in an account which should have been returned to the Federal Government for any reason, you authorize us to deduct the amount of our liability to the Federal Government from the account or from any other account you have with us, without prior notice and at any time, except as prohibited by law. We may also use any other legal remedy to recover the amount of our liability.

TEMPORARY ACCOUNT AGREEMENT - If this option is selected, this is a temporary account agreement. Each person who signs in the space designated for signatures on the signature card (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.

RIGHT TO REPAYMENT OF INDEBTEDNESS - You hereby pledge, assign and grant to us an ongoing and continuing security interest in all shares, dividends and accounts owned and maintained by you with us and all share certificates issued by us to you as identified on our records from time to time, together with all moneys now or hereinafter deposited therein, all dividends, interest and other income thereon, and all cash and non-cash proceeds of all of the foregoing, to secure the full performance and payment of all obligations and debts owed by you to us, however created or evidenced, whether direct or indirect, absolute or contingent, or now or hereafter existing, or due or to become due. You agree that we may (without prior notice and when permitted by law) charge against and deduct from any account you maintain with us (even if by doing so results in an interest penalty or dishonor of checks), and liquidate any share certificate issued by us to you to satisfy any due and payable debt owed to us now or in the future, by you or any person or legal entity having the right of withdrawal, to the extent of such persons’ or legal entity’s right to withdraw. If the debt arises from a note, “any due and payable debt” includes the total amount of which we are entitled to demand payment under the terms of the note at the time we charge the account, including any balance the due date for which we properly accelerate under the note.

In addition to these contract rights, we may also have rights under a “statutory lien.” A “lien” on property is a creditor’s right to obtain ownership of the property in the event a debtor defaults on a debt. A “statutory lien” is one created by federal or state statute. If federal or state law provides us with a statutory lien, then we are authorized to apply, without prior notice, your shares and dividends to any debt you owe us, in accord with the statutory lien.

Neither our contract rights nor rights under a statutory lien apply to this account if: (a) it is an Individual Retirement Account or other tax-deferred retirement 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 arises only in a representative capacity. We will not be liable for the dishonor of any check or draft when the dishonor occurs because we charge and deduct an amount you owe us from your account. You agree to hold us harmless from any claim arising as a result of our exercise of our right to repayment.

RESTRICTIVE LEGENDS - We are not required to honor any restrictive legend on checks you write unless we have agreed in writing to the restriction. Examples of restrictive legends are “must be presented within 90 days” or “not valid for more than $1,000.00.”

PLEDGES - Unless we agree otherwise in writing, each owner of an account may pledge all or any part of the funds in it for any purpose to which we agree. Any pledge of an account is hereby made expressly subordinate to the consensual security interest granted by you to us herein and to any statutory lien rights we may have in the account unless we expressly agree in writing to the contrary. Any pledge of an account must first be satisfied before the rights of any surviving account owner or account beneficiary become effective.

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 for which Fedwire is used, and you identify by name and number a beneficiary financial institution, an intermediary financial institution or a beneficiary, we and every receiving or beneficiary financial institution may rely on the identifying number to make payment. We may rely on the number even if it identifies a financial institution, person or account other than the one named. You agree to be bound by automated clearinghouse 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, 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 have paid the amount so credited. If we receive a credit to an account you have with us by wire or ACH, we are not required to give you any notice of the payment order or credit.

FACSIMILE SIGNATURES - You authorize us, at anytime, to charge you for all checks, drafts, or other orders, for the payment of money, that are drawn on us 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.

IRS REQUIREMENTS
Taxpayer Identification Number (TIN). Internal Revenue Service (IRS) requires us to obtain the taxpayer identification number (TIN) applicable to the account. For individuals, this is your Social Security Number (SSN). For businesses, this is your Employer Identification Number (EIN). If you are a Sole Proprietor, you may use your SSN or EIN.

IRS also requires you to certify under penalty of perjury that the TIN provided is correct and they are not subject to backup withholding. This certification is completed on the signature card, a similar substitute W-9 or on IRS Form W-9, Request for Taxpayer Identification Number and Certification. If this information is not provided, we are required to withhold a percent of the interest earned on the account, referred to as “backup withholding.” Additionally, the IRS may assess a fine for not complying with its requirements.

BANK SECRECY ACT REQUIREMENTS
In order to comply with the reporting requirements of the Bank Secrecy Act, you must provide us the following information when opening new accounts: full name, permanent street address (a post office box may be used for the mailing address), Social Security Number, date of birth, and either a driver’s license number, state ID number or Passport number. If you are a nonresident alien, we will record your Passport number, the name of the country that issued the Passport and your foreign address.

GAMBLING TRANSACTIONS
You agree that we may decline to process or pay any transaction involving or related to gambling activity.

UNLAWFUL INTERNET GAMBLING
You agree not to participate in unlawful Internet gambling transactions as defined under any and all applicable Federal and/or State law(s), and in accordance with the Unlawful Internet Gambling Enforcement Act of 2006 and Federal regulation 31 CFR Part 132. Transactions through payment systems such as credit card networks and automated clearinghouse (ACH) may be affected by this law.

TELEPHONE MONITORING
You agree that we may record any telephone conversation with you to monitor the quality of service you receive and to verify transaction-related information.

AGENCY AND FIDUCIARY ACCOUNTS
Any individual acting as an Agent, Guardian, Personal Representative, Trustee, and Custodian or in some other fiduciary capacity must present the appropriate document(s) that support such authority or designation. We have the right to review, accept and retain these documents on file. We are not liable for the misapplication of funds from your account by your agent.

POWER OF ATTORNEY
We may reasonably refuse to honor or accept a power of attorney to open, close, deposit, or withdraw funds from your account or to supply endorsements on checks or any other items or to take any other action with respect to your account.

BOOKKEEPERS
In the event you authorize any third person, such as a bookkeeping service, to retain possession of or prepare items for you, you agree to assume full responsibility for any errors or wrongdoing by such third person or any of its employees if we should pay such items. Furthermore, you should immediately report the theft or loss of any items imprinted with your account number or name. If you fail to report such a theft or loss, you will assume full responsibility if we should pay such items. We may pay items with a signature bearing any resemblance whatsoever to any authorized signer on the account.

PAYMENT SUSPENSION
We may, but shall be under no obligation, to suspend payment on your account under the following circumstances: (a) If we, in our reasonable discretion, determines that the ownership of funds or the right to make withdrawals from your account is in dispute. For purposes of this section, “dispute” shall include such disputes between you and us involving the account and disputes between you and an authorized signor or other joint owner, or where a third party takes action with respect to the account, regardless of whether we are actually involved in such dispute; (b) You owe us or any of our affiliates money; (c) You have committed an allegedly fraudulent act, or, if any claim, whether oral or written, has been made upon us due to your actions; (d) Upon notice of a bankruptcy filing. Payment will be suspended on your account until the dispute, allegation or problem is resolved or determined to our satisfaction. In the event we receive a documented claim for a forged, irregular, altered (including payee and dollar amounts), or unauthorized endorsement on a check or draft deposited into your account or if we receive a documented claim that an item or amount was deposited in your account in error, we are authorized to debit your account for the amount of the claim or for the deposit made in error, without prior notice to you. We will have no liability to you for honoring the claim or correcting the error. You agree to be liable to us for any loss, costs, or expenses, to the extent permitted by law, that we incur as a result of any dispute involving your account.

DISPUTE RESOLUTION/JURY TRIAL WAIVER
Should any dispute arise between you and us relating to the account and if following the good faith negotiation of the dispute, it cannot be resolved, it shall be submitted to binding arbitration and the decision of the arbitrator shall be final. Each arbitration, including the selection of the arbitrators, will be administered by the American Arbitration Association (the “AAA”) pursuant to the commercial arbitration rules of the AAA. The provisions of the Federal Arbitration Act will govern each arbitration. The arbitration shall be conducted at the nearest office of the AAA mutually agreed upon by you and us. We both agree that each of us shall be liable for our own costs and expenses related to the arbitration; however, we both further agree that the non-prevailing party, as determined by the arbitrator, shall be liable for the arbitrator'’ fees and any arbitration facilities expenses. Neither this arbitration agreement nor any rights afforded thereunder, shall in any way affect or impair our consensual security interest in your shares, accounts and share certificates, or prohibit us from exercising self help remedies thereunder or afforded by our statutory lien rights or otherwise. YOU HEREBY KNOWINGLY, VOLUNTARILY, INTENTIONALLY, AND IRREVOCABLY WAIVE THE RIGHT TOA TRIAL BY JURY IN RESPECT TO ANY LITIGATION BASED HEREON OR ARISING OUT OF THESE TERMS AND CONDITIONS OR RELATING TO THE ACCOUNT AS PERMITTED UNDER APPLICABLE LAW.

DORMANT OR ABANDONED ACCOUNTS
With the exception of Time Deposits and IRAs, an account is deemed to be “inactive” during that period of time in which you have not made any deposits or withdrawals from the account. Electronic (ACH) deposits or debits do not qualify as deposits or withdrawals made by you. A savings/club account will be classified as “dormant” when the account has been inactive and we have had no contact with you for one year (12 months), a share draft account will be classified as “inactive” when there are no transactions on the account for six months and your account statement has been returned by the post office as undeliverable for any reason. However, Georgia Savings Accounts are classified as “dormant” when your account is inactive and we have had no contact with you for five (5) years and your account statement has been returned by the post office as undeliverable for any reason. In accordance with governing state law, accounts which have been dormant for the statutory number of years will be transferred to the state.

 

ELECTRONIC FUND TRANSFERS YOUR RIGHTS AND RESPONSIBILITIES

Indicated below are types of Electronic Fund Transfers we are capable of handling some of which may not apply to your account. Please read this disclosure carefully because it tells you your rights and obligations for the transactions listed. You should keep this notice for future reference.

Electronic Funds Transfers Initiated By Third Parties. You may authorize a third party to initiate electronic funds transfers between your account and the third party's account. These transfers to make or receive payment may be one-time occurrences or may recur as directed by you. These transfers may use the Automated Clearinghouse (ACH) or other payments network. Your authorization to the third party to make these transfers can occur in a number of ways. In some cases, your authorization can occur when the merchant posts a sign informing you of their policy. In all cases, the transaction will require you to provide the third party with your account number and credit union information. This information can be found on your check or draft as well as on a deposit or withdrawal slip. Thus, you should only provide your credit union and account information (whether over the phone, the Internet, or via some other method) to trusted third parties whom you have authorized to initiate these electronic funds transfers. Examples of these transfers include, but are not limited to:

Preauthorized credits. You may make arrangements for certain direct deposits to be accepted into your checking or savings account(s).

Preauthorized payments. You may make arrangements to pay certain recurring bills from your share savings or share draft (checking) account(s).

Electronic check or draft conversion – types of transfers – Your check or draft can result in an electronic funds transfer. This can happen in several ways. For example:

  • You may provide your check or draft to a merchant or service provider who will scan the check or draft for the encoded credit union and account information. The merchant or service provider will then use this information to convert the transaction into an electronic funds transfer. This may occur at the point of purchase, or when you provide your check or draft by other means such as by mail or drop box.

  • At the time you offer a check or draft to a merchant or service provider, you may be asked to authorize the merchant or service provider to electronically collect a charge in the event the check or draft is returned for insufficient funds. Paying such a fee electronically is an electronic funds transfer.

  • Your authorization to make these types of electronic funds transfers may be expressed in writing or implied through the posting of a sign.

 

MemberLine Telephone Transfers – types of transfers – You may access your account by telephone 24 hours a day at (770) 338-4180 or (706)543-1699 using your personal identification number, a touch tone phone, and your account numbers, to:

  • Transfer funds from checking to checking

  • Transfer funds from checking to savings

  • Transfer funds from savings to checking

  • Transfer funds from savings to savings

  • Transfer funds from line of credit to checking

  • Transfer funds from line of credit to savings

  • Make payments from checking to loan accounts with us

  • Make payments from savings to loan accounts with us

  • Make payments from savings to member only

  • Get information about:

    • The account balance of checking accounts

    • The account balance of savings accounts

ATM Transfers – types of transfers, dollar limitations and charges – You may access your account(s) by ATM using your ATM card and personal identification number or Visa Check Card and personal identification number, to:

  • The first four transactions per month are free any transaction thereafter at an ATM not owned by PSFCU there will be a $1.00 per transaction charge make deposits to checking account(s)

  • Make deposits to savings account(s)

  • Get cash withdrawals from checking account(s)

    • You may withdraw no more than $500.00 per day

    • The account balance of your checking account(s)

      • There is a charge of $.50 per inquiry

Some of these services may not be available at all terminals.

Types of ATM Card Point-of-Sale Transactions – You may access your checking account(s) to purchase goods (in person), pay for services (in person), and get cash from a merchant, if the merchant permits, or from a participating financial institution.

Point-of-Sale Transactions – dollar limitations and charges – Using your card:

  • You may not exceed $500.00 (on line) or $200.00 (off line) in transactions per day

Types of The Visa Check Card Point-of-Sale Transactions – You may access your Checking account(s) to purchase goods (in person or by phone), pay for services (in person or by phone), get cash from a merchant, if the merchant permits, or from a participating financial institution, and do anything that can be done with a credit card (that a participating merchant will accept with a credit card).

Point-of-Sale Transactions – dollar limitations – using your card:

  • You may not exceed $500.00 (on line) or $200.00 (off line) in transactions per day

Home Banking Transfers – types of transfers and charges – You may access your account(s) by computer through the internet by logging onto our website at www.peachstatefcu.org and using your personal identification number and your account numbers, to:

  • Transfer funds from checking to checking

  • Transfer funds from checking to savings

  • Transfer funds from savings to checking

  • Transfer funds from savings to savings

  • Make payments from checking to loan account(s) with us

  • Make payments from savings to loan account(s) with us

  • Get information about:

    • The account balance of checking account(s)

    • The account balance of savings account(s)

FEES

  • We do not charge for direct deposits to any type of account.

  • We do not charge for preauthorized payments from any type of account.

Except as indicated elsewhere, we do not charge for these electronic fund transfers.

ATM Operator/Network 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 a balance inquiry even if you do not complete a fund transfer).

 

DOCUMENTATION

  • Terminal transfers. You can get a receipt at the time you make any transfer to or from your account using one of our automated teller machines or point-of-sale terminals.

  • Preauthorized credits. If you have arranged to have direct deposits made to your account at least once every 60 days from the same person or company, you can call us at (770) 963-5679 or (678) 546-0081 to find out whether or not the deposit has been made.

  • Periodic statements.

You will get a monthly account statement from us for your checking accounts.

You will get a monthly account statement from us for your savings accounts, unless there are no transfers in a particular month. In any case, you will get a statement at least quarterly.

 

PREAUTHORIZED PAYMENTS

Right to stop payment and procedure for doing so. If you have told us in advance to make regular payments out of your account, you can stop any of these payments. Here is how:

Call or write us at the telephone number or address listed in this brochure in time for us to receive your request 3 business days or more before the payment is scheduled to be made. If you call, we may also require you to put your request in writing and get it to us within 14 days after you call.

We will charge you $29.00 for each stop-payment order you give.

  • Notice of varying amounts. It these regular payments may vary in amount, the person you are going to pay will tell you, 10 days before each payment, when it will be made and how much it will be. (You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set.)

  • Liability for failure to stop payment of preauthorized transfer. If you order us to stop one of these payments 3 business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages.

 

FINANCIAL INSTITUTION’S LIABILITY

Liability for failure to make transfers. If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:

  1. If, through no fault of ours, you do not have enough money in your account to make the transfer.
  2. If you have an overdraft line and the transfer would go over the credit limit.
  3. If the automated teller machine where you are making the transfer does not have enough cash.
  4. If the terminal or system was not working properly and you knew about the breakdown when you started the transfer.
  5. If circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions that we have taken.
  6. There may be other exceptions stated in our agreement with you.

 

CONFIDENTIALITY

We will disclose information to third parties about your account or the transfers you make:

  1. Where if is necessary for completing transfers: or
  2. >In order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant; or
  3. In order to comply with government agency or court orders; or
  4. As explained in the separate Privacy Disclosure.

 

UNAUTHORIZED TRANSFERS

  1. Consumer liability. Generally. Tell us AT ONCE if you believe your card and/or code has been lost or stolen. 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 2 business days, you can lose no more than $50 if someone used your card and/or code without your permission. (If you believe your card and/or code has been lost or stolen, and you tell us within 2 business days after you learn of the loss or theft, you can lose no more than $50 if someone used your card and/or code without your permission.)


    If you do NOT tell us within 2 business days after you learn of the loss or theft of your card and/or code, and we can prove we could have stopped someone from using your card and/or code without your permission if you had told us, you could lose as much as $500.

    Also, if your statement shows transfers that you did not make, tell us at once. If you do not tell us within 60 days after the statement was mailed to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time.

    If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.

    Additional Limits on Liability for Visa® Check Card. Unless you have been grossly negligent or have engaged in fraud, you will not be liable for any unauthorized transactions using your lost or stolen Visa® Check Card. This additional limit on liability does not apply to ATM transactions, to transactions using your Personal Identification Number which are not processed by Visa® or to commercial cards
  2. Contact in event of unauthorized transfer. If you believe your card and/or code has been lost or stolen or that someone has transferred or may transfer money from your account without your permission, call or write us at the telephone number or address listed in this brochure.

 

ERROR RESOLUTION NOTICE

In Case of Errors or Questions About Your Electronic Transfers, Call or Write us at the telephone number or address listed in this brochure, as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared.

  1. Tell us your name and account number (if any).
  2. Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
  3. Tell us the dollar amount of the suspected error.

If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days.

We will determine whether an error occurred within 10 business days (5 business days for Visa® Check Card point-of-sale transactions and 20 business days if the transfer involved a new account) after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days (90 days if the transfer involved a new account, a point-of-sale transaction, or a foreign-initiated transfer) to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days (5 business days for Visa® Check Card point-of-sale transactions and 20 business days if the transfer involved a new account) 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 10 business days, we may not credit your account. Your account is considered a new account for the first 30 days after the first deposit is made, unless each of you already has an established account with us before this account is opened.

We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation.

You may ask for copies of the documents that we used in our investigation.



PEACH STATE FEDERAL CREDIT UNION MEMBER SERVICE DEPARTMENT
1505 LAKES PARKWAY SUITE 100, LAWRENCEVILLE, GEORGIA 30043
Business Days: Monday through Friday Except Federal Holidays as posted
Phone: (678) 889-4328
MORE DETAILED INFORMATION IS AVAILABLE ON REQUEST

NOTICE OF ATM/NIGHT DEPOSIT FACILITY USER PRECAUTIONS

As with all financial transactions, please exercise discretion when using an automated teller machine (ATM)
or night deposit facility. For your own safety, be careful. The following suggestions may be helpful.

  1. Prepare for your transactions at home (for instance, by filling out a deposit slip) to minimize your time at the ATM or night deposit facility.
  2. Mark each transaction in your account record, but not while at the ATM or night deposit facility. Always save your ATM receipts. Don’t leave them at the ATM or night deposit facility because they may contain important account information.
  3. Compare your records with the account statements you receive.
  4. Don’t lend your ATM card to anyone.
  5. Remember, do not leave your card at the ATM. Do not leave any documents at a night deposit facility.
  6. Protect the secrecy of your Personal Identification Number (PIN). Protect your ATM card as though it were cash. Don’t tell anyone your PIN. Don’t give anyone information regarding your ATM card or PIN over the telephone. Don’t write your PIN where it can be discovered. For example, don’t keep a note of your PIN in your wallet or purse.
  7. Prevent others from seeing you enter your PIN by using your body to shield their view.
  8. If you lose your ATM card or if it is stolen, promptly notify us. You should consult the other disclosures you have received about electronic fund transfers for additional information about what to do if your card is lost or stolen.
  9. When you make a transaction, be aware of your surroundings. Look out for suspicious activity near the ATM or night deposit facility, particularly if it is after sunset. At night, be sure that the facility (including the parking area and walkways) is well lighted. Consider having someone accompany you when you use the facility, especially after sunset. If you observe any problem, go to another ATM or night deposit facility.
  10. Don’t accept assistance from anyone you don’t know when using an ATM or night deposit facility.
  11. If you notice anything suspicious or if any other problem arises after you have begun an ATM transaction, you may want to cancel the transaction, pocket your card and leave. You might consider using another ATM or coming back later.
  12. Don’t display your cash; pocket it as soon as the ATM transaction is completed and count the cash later when you are in the safety of your own car, home, or other secure surrounding.
  13. At a drive-up facility, make sure all the car doors are locked and all of the windows are rolled up, except the driver’s window. Keep the engine running and remain alert to your surroundings.
  14. We want the ATM and night deposit facility to be safe and convenient for you. Therefore, please tell us if you know of any problem with a facility. For instance, let us know if a light is not working or there is any damage to a facility. Please report any suspicious activity or crimes to both the operator of the facility and the local law enforcement officials immediately.

 

YOUR ABILITY TO WITHDRAW FUNDS

This policy statement applies to "transaction" accounts. Transaction accounts, in general, are accounts which
permit an unlimited number of payments to third persons and an unlimited number of telephone and preauthorized transfers to other accounts of yours with us. Share draft (checking) accounts are the most common transaction accounts. Feel free to ask us whether any of your other accounts might also be under this policy.

Our policy is to make funds from your cash and check deposits available to you immediately. At that time, you can withdraw the funds 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 closing 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 closing or on a day we are not open, we will consider that the deposit was made on the next business day we are open.

If we cash a check for you that is drawn on another 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.

If we accept for deposit a check that is drawn on another bank, we may make funds from the deposit available for withdrawal immediately but delay your availability to withdraw a corresponding amount of funds that you have on deposit in another account with us. The funds in the other account would then not be available for withdrawal until the time periods that are described elsewhere in this disclosure for the type of check that you deposited.

 

LONGER DELAYS MAY APPLY

Case-by-case delays. In some cases, we will not make all of the funds that you deposit by check available to you immediately. Depending on the type of check that you deposit, funds may not be available until the second business day after the day of your deposit. The first $200 of your deposits, however, may be available on the business day after the deposit is received.

If we are not going to make all of the funds from your deposit available immediately, we will notify you at the time you make your deposit. We will also tell you when the funds will be available. If your deposit is not made directly to one of our employees, or if we decide to take this action after you have left the premises, we will mail you the notice by the day after we receive your deposit.

If you will need the funds from a deposit right away, you should ask us when the funds will be available.

Safeguard exceptions. In addition, funds you deposit by check may be delayed for a longer period under the following circumstances:

We believe a check you deposit will not be paid.

You deposit checks totaling more than $5,000 on any one day. You redeposit a check that has been returned unpaid.

You have overdrawn your account 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 eleventh business day after the day of your deposit.

 

SPECIAL RULES FOR NEW ACCOUNTS

If this is a new business membership account, the following special rules will apply during the first 30 days the account is open. Funds from electronic direct deposits to the account will be available on the day we receive the deposit. Funds from deposits of cash, wire transfers, and the first $5.000 of a day's total deposits of cashier's, certified, teller's traveler's, and federal, state and local government checks will be available immediately is the deposit meets certain conditions. For example, the checks must be payable to the account owner (and a special deposit slip may have to be used). The excess over $5,000 will be available on the ninth business day after the day of the deposit. If the deposit of these checks (other than a U.S. Treasury check) is not made in person to one of our employees, the first $5,000 will not be available until the second business day after the day of the deposit.

 

TRUTH-IN-SAVINGS DISCLOSURE SAVINGS ACCOUNT (BUSINESS SHARE)

Rate Information – The dividend rate and annual percentage yield may change every month, as determined by the credit union
board of directors.

Compounding and crediting – Dividends will be compounded every month. Dividends will be credited to your account every month.

Dividend period – For this account type, the dividend period is monthly, for example, the beginning date of the first dividend period of the calendar year is January 1, and the ending date of such dividend period is January 31. All other dividend periods follow this same pattern of dates. The dividend declaration date is the last day of the dividend period, and for the example above is January 31. If you close your share account before dividends are paid, you will not receive the accrued dividends.

Minimum balance requirements – The minimum balance required to open this account is purchase of a share in the credit union. Pleas see the bylaw requirements in the Common Features section for additional information.

You must maintain a minimum daily balance of the par value of one share in your account to avoid a minimum balance fee. If, during any month, your account balance falls below the required minimum daily balance, your account will be subject to a minimum balance fee of $5.00 for the calendar month.

You must maintain a minimum average daily balance of the value of one share in your account each day to obtain the disclosed annual percentage yield.

Average daily balance computation method – Dividends are calculated by the average daily balance method which applies a periodic rate to the average daily balance in the account for the period. The average daily balance is calculated by adding the balance in the account for each day of the period and dividing that figure by the number of days in the period. The period we use is the calendar month.

Accrual of dividends on noncash deposits – Dividends will begin to accrue no later than the business day we receive provisional credit for the placement of noncash items (for example, checks) to your account.

Transaction limitations – During any statement period, you may not make more than six withdrawals or transfers to another credit union account of yours or to a third party by means of a preauthorized or automatic transfer or telephonic order or instruction. If you exceed the transfer limitations set forth above in any statement period, your account will be subject to closure by the credit union.

Par value of a share – The par value of a share in this account is $25.00.

Fees and charges – An excess withdrawal fee will be charged for each withdrawal in excess of six during a quarter.

 

MONEY MARKET ACCOUNTS

Rate Information – The dividend rate and annual percentage yield may change every week. We may change the dividend rate for your account as determined by us. The dividend rate and Annual Percentage Yield (APY) on your accounts are shown on the Rate Schedule which is provided to you separately.

Compounding and crediting – Dividends will be compounded every day. Dividends will be credited to your account every month.

Dividend period – For this account type, the dividend period is monthly, for example, the beginning date of the first dividend period of the calendar year is January 1, and the ending date of such dividend period is January 31. All other dividend periods follow this same pattern of dates. The dividend declaration date is the last day of the dividend period and for the example above is January 31. If you close your money market share account before dividends are paid, you will not receive the accrued dividends.

Minimum daily balance requirements – $2,500.00

Average daily balance computation method – Dividends are calculated by the average daily balance method which applies a periodic rate to the average daily balance in the account for the period. The average daily balance is calculated by adding the balance in the account for each day of the period and dividing that figure by the number of days in the period. The period we use is the calendar month.

Accrual of dividends on non-cash deposits – Dividends will begin to accrue no later than the business day we receive provisional credit for the placement of non-cash items (for example, checks) to your account. The account will earn dividends at a rate, which will vary from time to time and may be higher or lower than the rate in effect on the date of the first deposit to the account. Rates are subject to change weekly. Also, if the account falls below the minimum, a $10.00 account maintenance fee will be assessed. Only money market share account checks may be used to make withdrawals from this account. Withdrawals and/or transfers from this account are defined and limited as follows: A “withdrawal” is defined as the writing of any money market share account check by the Member which results in money being paid from the account to someone other than the Member, a “transfer” is defined as a transaction initiated by the member which results in money being transferred from the account to another account of the Member. Transfers and withdrawals from money market share accounts are limited monthly to: a total of six (6) with no more than three (3) “withdrawals” by money market share account check. Any transfer or withdrawal in excess of the above limits shall result in the imposition of a fee in the amount of $10.00 per excess transaction. We may pay a money market share account check on whatever day it is presented for payment, notwithstanding the date (or any limitation on the time of payment) appearing on the money market share account check. When paid, money market share account checks become our property and will not be returned either with the periodic statement of this account or otherwise. Except for negligence, we are not liable for any action it takes regarding the payment or nonpayment of money market share account checks. Any objection respecting any item shown on a periodic statement of this account is waived by you unless made in writing to us on or before the end of sixty (60) days after the statement is mailed.

This account is subject to our right to require seven (7) days advance notice of withdrawal. This account is also subject to such other items, conditions and service charges as we may establish from time to time. If the Membership Application and Account Agreement is signed by more than one person, the persons signing shall be the joint owners of this account which, in that event, shall be subject to the additional terms and conditions printed below. This account is subject to Fees and Charges published by us from time to time: the Fees and Charges shall determine fees for Non-Sufficient Funds (NSF), failure to maintain minimum balances, stop payment orders, and other subjects. I acknowledge receipt of a copy of the Fees and Charges, and understand that changes in the Fees and Charges will be made available to Members when such changes are put into effect.

Transaction limitations – During any statement period, you may not make more than six withdrawals or transfers to another Credit Union account of yours or to a third party by means of a preauthorized, automatic, or computer transfer or order by telephone, or instruction. If you exceed the transfer limitations set forth above in any statement period, your account will be subject to closure by us.

Fees and charges –
An excess withdrawal fee may be charged for each debit transaction (withdrawal, draft paid, automatic transfer or payment out of this account) in excess of six during a statement period. Refer to our separate fee schedule for additional information about charges.

 

PREMIUM SAVINGS ACCOUNT (BUSINESS SHARE)

Dividends – There are no dividends associated with this account.

Minimum balance requirements – The minimum balance required to open this account is $5.00.

Your account will be subject to a monthly service charge. Refer to our separate fee schedule for additional information about charges.

This account is opened as a limited services account to facilitate premium financing. This account will be set up for e-statements (no paper statement will be mailed).

 

REGULAR CHECKING ACCOUNT (BUSINESS SHARE DRAFT)

Dividends – There are no dividends associated with this account.

Minimum balance requirements – The minimum balance required to open this account is $5.00.

Your account will be subject to a monthly service charge. Refer to our separate fee schedule for additional information about charges.

Transaction limitations – No transaction limitations apply to this account unless otherwise stated in the Common Features section.

 

REGULAR ASSOCIATION / NON-PROFIT CHECKING ACCOUNT (BUSINESS SHARE DRAFT)

Rate Information – The dividend rate and annual percentage yield may change every month, as determined by the credit union’s board of directors.

Compounding and crediting – Dividends will be compounded every month. Dividends will be credited to your account every month.

Dividend period – For this account type, the dividend period is monthly, for example, the beginning date of the first dividend period of the calendar year is January 1, and the ending date of such dividend period is January 31. All other dividend periods follow this same pattern of dates. The dividend declaration date is the last day of the dividend period and for the example above is January 31. If you close your share account before dividends are paid, you will not receive the accrued dividends.

Minimum balance requirements – The Minimum balance required to open this account is $25.00.

Average daily balance computation method – Dividends are calculated by the average daily balance method which applies a periodic rate to the average daily balance in the account for the period. The average daily balance is calculated by adding the balance in the account for each day of the period and dividing that figure by the number of days in the period. The period we use is the calendar month.

Accrual of dividends on noncash deposits – Dividends will begin to accrue on the business day you place noncash items (for example, checks) to your account.

Transaction limitations – strong>No transaction limitations apply to this account unless otherwise stated in the Common Features section.

 

COMMON FEATURES

Bylaw requirements – You must complete payment of one share in your Savings account as a condition of admission to membership.

Transaction limitation – We reserve the right to at any time require not less than seven days notice in writing before each withdrawal from a dividend-bearing account other than a time deposit, or from any other savings account as defined by Regulation D.

Nature of dividends – Dividends are paid from current income and available earnings, after required transfers to reserves at the end of a dividend period. (This disclosure further explains the dividend feature of your non-term share account(s).)

National Credit Union Share Insurance Fund – Member accounts in this credit union are federally insured by the National Credit Union Share Insurance Fund.