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Truth-in-Savings
and Privacy Disclosures
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Important
Disclosure Information
Please
read the Truth-in-Savings and Privacy Disclosures
listed below related to the services offered by Central Bank of Georgia. For more information on the Terms and Conditions
or our products and services, please read the following
disclosures:
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Your
Deposit Account
TERMS
AND CONDITIONS OF YOUR ACCOUNT
AGREEMENT
This document, along with any other documents we give you
pertaining to your account(s), is a contract that establishes
rules which control your account(s) with us. Please read this
carefully. If you sign the signature card or open or continue
to have your account with us, you agree to these rules. A separate
schedule of rates, qualifying balances, and fees are included
in Central Bank of Georgia's Truth-in-Savings Disclosure.
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:
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summarize some laws that apply to common transactions;
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establish rules to cover transactions or events which the
law does not regulate;
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establish rules for certain transactions or events which the
law regulates but permits variation by agreement; and
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give you disclosures of some of our policies to which you
may be entitled or in which you may be interested.
If any provision of this document is found to be unenforceable
according to its terms, all remaining provisions will continue
in full force and effect. We may permit some variations from our
standard agreement, but we must agree to any variation in writing
either on the signature card for your account or in some other
document.
As used in this document the words "we," "our," and "us" mean
the financial institution and the words "you" and "your" mean
the account holder(s) and anyone else with the authority to deposit,
withdraw, or exercise control over the funds in the account. The
headings in this document are for convenience or reference only
and will not govern the interpretation of the provisions. Unless
it would be inconsistent to do so, words and phrases used in this
document should be construed so the singular includes the plural
and the plural includes the singular.
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.
WITHDRAWALS
Unless clearly indicated otherwise on the account records,
any of you, acting alone, who signs in the space designated for
signatures on the signature card may withdraw or transfer all
or any part of the account balance at any time. Each of you (until
we receive written notice to the contrary) authorizes each other
person signing the signature card to endorse any item payable
to you or your order for deposit to this account or any other
transaction with us. We may charge your account for a check even
though payment was made before the date of the check, unless we
have received written notice of the postdating in time to have
a reasonable opportunity to act. We may refuse any withdrawal
or transfer request which you attempt on forms not approved by
us, by any method we do not specifically permit, which is greater
in number than the frequency permitted, or which is for an amount
greater or less than any withdrawal limitations. Even if we honor
a nonconforming request, we may treat continued abuse of the stated
limitations (if any) as your act of closing the account. We will
use the date the transaction is completed by us (as opposed to
the date you initiate it) to apply the frequency limitations.
The fact that we may honor withdrawal 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.
We may require not less than 7 days' notice in writing before
each withdrawal from an interest-bearing account other than a
time deposit, or from any other savings account as defined by
Regulation D. Withdrawals from a time account prior to maturity
or prior to any notice period may be restricted and may be subject
to penalty. See your notice of any penalty for early withdrawal.
OWNERSHIP
OF ACCOUNT AND BENEFICIARY DESIGNATION
These rules apply to this account depending on the form of
ownership and beneficiary designation, if any, specified on the
account records. 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.
Individual
Account
is an account in the name of one person.
Joint
Account - With Survivorship (And Not As Tenants In Common)
is an account in the name of two or more persons. Each of
you intend that when you die the balance in the account (subject
to any previous pledge to which we have agreed) will belong to
the survivor(s). If two or more of you survive, you will own the
balance in the account as joint tenants with survivorship and
not as tenants in common.
Joint
Account - No Survivorship (As Tenants In Common)
is owned by two or more persons, but none of you intend (merely
by opening this account) to create any right of survivorship in
any other person. We encourage you to agree and tell us in writing
of the percentage of the deposit contributed by each of you. This
information will not, however, affect the "number of signatures"
necessary for withdrawal.
Revocable
Trust or Pay-On-Death Account
If two or more of you create this type of account, you own
the account jointly with survivorship. Beneficiaries cannot withdraw
unless: (1) all persons creating the account die, and (2) the
beneficiary is then living. If two or more beneficiaries are named
and survive the death of all persons creating the account, beneficiaries
will own this account in equal shares, without right of survivorship.
The person(s) creating either of these account types may: (1)
change beneficiaries, (2) change account types, and (3) withdraw
all or part of the account funds at any time.
BUSINESS
ACCOUNTS
Earnings in the form of interest, dividends, or credits will
be paid only on collected funds, unless otherwise provided by
law or our policy. We may require the governing body of the legal
entity opening the account to give us a separate authorization
telling us who is authorized to act on its behalf. We will honor
the authorization until we actually receive written notice of
a change from the governing body of the legal entity.
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.
A release of the stop-payment request may be made only by the
person who initiated the stop-payment order.
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 by law (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 any term of this agreement. Rules governing
changes in interest 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 also close this account at any
time upon reasonable notice to you and tender of the account balance
personally or by mail. 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
TRANSFER
This 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.
SETOFF
We may (without prior notice and when permitted by law) set
off the funds in this account against any due and payable debt
you owe us now or in the future, by any of you 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 set
off, including any balance the due date for which we properly
accelerate under the note.
This right of setoff does not apply to this account if: (a) it
is an IRA 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 only
arises in a representative capacity. We will not be liable for
the dishonor of any check when the dishonor occurs because we
set off a debt against this account. You agree to hold us harmless
from any claim arising as a result of our exercise of our right
of setoff.
AUTHORIZED
SIGNER (Individual Accounts only)
A single individual is the owner. The authorized signer is
merely designated to conduct transactions on the owner's behalf.
We undertake no obligation to monitor transactions to determine
that they are on the owner's behalf.
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."
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 clearing house association rules. These rules provide,
among other things, that payments made to you, or originated by
you, are provisional until final settlement is made through a
Federal Reserve Bank or payment is otherwise made as provided
in Article 4A-403(a) of the Uniform Commercial Code. If we do
not receive such, 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.
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Important
Disclosure Information
Please
read the Truth-in-Savings and Privacy Disclosures
listed below related to the services offered by Central Bank of Georgia. For more information on the Terms and Conditions
or our products and services, please read the following
disclosures:
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P.O.
Box 45
285 South Broad Street
Ellaville , Georgia 31806
Phone: 229-937-2507
Copyright© 2003 Central Bank of Georgia, Member FDIC.
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