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DEPOSIT ACCOUNT INFORMATION
Effective January
2008
RULES AND REGULATIONS REGARDING
DEPOSIT ACCOUNTS
The Rules and Regulations Regarding Deposit
Accounts (the “Agreement”) govern
the deposit relationship between you and
Cole Taylor Bank (“Cole Taylor”).
This Agreement is governed by laws of the
State of Illinois (unless such laws are
specifically preempted by federal law) other
applicable laws, which include the Illinois
Uniform Commercial Code, clearing house
rules, and the operating letters of the
various Federal Reserve Banks. If any terms
of this Agreement come into conflict with
any applicable law, those terms will be
nullified to the extent that they are inconsistent
with the law, and the applicable law will
govern. If any provision of this Agreement
is declared to be invalid, unenforceable
or illegal, that part will not affect the
validity of the other provisions.
For purposes of this Agreement, the words
“you” and “your”
mean each account owner and anyone else
with authority to deposit, withdraw, or
exercise control over your account. If there
is more than one owner, these words mean
each account owner separately, and all account
owners jointly. The words “we”
“us” or “our” refer
to Cole Taylor.
When you sign our Account Agreement
and Signature Verification Card you
acknowledge receipt of this Agreement and
agree to be bound by the terms and conditions
contained herein. This Agreement is a legally
binding contract, so please read and retain
it so that you can refer to it whenever
you have questions regarding your account.
Each separate account you establish with
us may be subject to additional terms and
conditions, evidenced by a separate agreement
applicable to that account.
If you have further questions about your
account or any of the products and services
we offer after your review of this Agreement,
please contact our Customer Service Center.
Oral statements made by any employee of
Cole Taylor will not alter or modify this
Agreement.
You agree that if you have a business (i.e.,
a corporate, partnership, limited liability
company or any other legal entity) account
with us, all controversies, disputes or
claims arising out of or related to this
Agreement, including without limitation
controversies regarding the validity of
this Agreement and any compulsory counterclaims
(as defined by Rule 13 of the Federal Rules
of Civil Procedure), but, excluding collections
of amounts due to us, will be submitted
for binding arbitration to the Chicago,
Illinois office of the American Arbitration
Association on demand by you or Cole Taylor.
Such arbitration proceeding will be conducted
in Chicago, Illinois, and will be heard
by one arbitrator in accordance with the
then-current rules of the American Arbitration
Association. All matters relating to arbitration
will be governed by the Federal Arbitration
Act (9 U.S.C. section 1, et seq.) and not
by any state arbitration law. The decision
and award of the arbitrator shall be binding
and conclusive upon both you and Cole Taylor,
and enforceable in any court of competent
jurisdiction. The arbitrator will have the
right to award or include in the award any
lawfully appropriate relief and to assess
costs or expenses to either you or Cole
Taylor, or both. The provisions of this
section will continue in full force and
effect subsequent to and notwithstanding
the termination of this Agreement. You and
Cole Taylor hereby expressly agree to waive
any right to a trial by jury in connection
with any controversies, disputes or claims
arising out of or related to this Agreement.
Account Agreement
We require identification and taxpayer information
in order to open an account. To help the
government fight the funding of terrorism
and money laundering activities, Federal
law requires financial institutions to obtain,
verify and record information that identifies
each person who opens an account. This means
that, when you open an account, we will
ask you for your name, address, date of
birth, taxpayer identification number, and
other information that will allow us to
identify you. We may also ask to see your
current and valid driver’s license
or other identifying documents. We may also
independently verify your identity through
the comparison of identifying information
you have provided with information we obtain
from a consumer reporting agency, public
database or other source. Accordingly, you
agree to provide true, accurate, and complete
information on all forms required by us
and agree to inform us in writing if there
is a change to such information.
In order to comply with various federal
and state laws regarding the privacy and
security of your account information and
for your protection, we
may ask you to verify your identity by asking
you to provide specific account or other
information before allowing any transactions
to occur on your account.
You agree that we may procure an investigative
report including information as to the credit
worthiness, character, and general reputation,
whichever are applicable, of any person
or entity for which the account is established.
In our sole discretion, we may refuse to
open any account, refuse to accept additional
deposits into an account, and terminate
check-writing privileges.
We reserve the right to terminate this Agreement
and close your account for any reason, unless
prohibited from doing so by applicable law.
This Agreement will continue to govern any
closed account.
- You shall notify us in writing of any
change in the information you supplied
to us at the time of the establishment
of your account.
- In receiving and handling items for
deposit or collection (including items
received in payment of collections), we
act only as your collecting agent and
assume no responsibility beyond the exercise
of due care. Certain items are credited
or cashed subject to final payment in
cash or solvent credits. We will not be
liable for default or negligence of our
correspondents, nor for losses in transit,
and each correspondent shall be liable
for its own negligence. It is optional,
but not obligatory, to require certification
in any case. Cole Taylor or our correspondents
may, as your agent, send items directly
or indirectly, to any bank or to any drawee,
acceptor, or payor, and accept draft,
check, or credit as conditional payment
in lieu of cash. Our liability for deposits
made by U.S. Mail or in outside depositories
will be delayed until the deposits are
recorded by us.
- The funds you deposit to your account
are subject to normal collection processes
even after we make the funds available
to you for withdrawal (i.e., the check
“cleared”). If we do not collect
the funds or we need to return the funds,
your deposit will be reversed and become
your responsibility.
- We may present any item for collection
to any Federal Reserve Bank and such items
shall be subject to the rules and regulations
of such Federal Reserve Bank or the Board
of Governors of the Federal Reserve System
now in force or hereafter promulgated.
- As part of our business practice, including
the opening and maintenance of your account,
you agree and provide us authorization
to allow us to review from time to time
your credit report from a consumer-reporting
agency or review information from a public
database or any other source.
- If we determine that your actions or
the actions of those also on your account
are unsatisfactory, we may report information
about you and any joint account holder
to a consumer-reporting agency and or
any other source, as allowed by applicable
law. If you disagree with the information
provided by us, please contact our Customer
Service Center which will process your
complaint. Such complaint will be answered
by us in writing.
- If you are the victim of identity theft,
and such theft includes the assets of
any account you maintain with us, please
immediately contact our Customer Service
Center which will, as soon as practicable,
place you in contact with our Investigations
Department.
- As part of our business practice, we
may record our conversations with you.
Unless required by applicable law, we
may not remind you that such conversations
are being recorded.
- You agree that we may comply with any
state or federal legal process, including
without limitation, any garnishment, tax
levy, subpoena or other similar proceeding
related to your account. You agree that
we may comply with such process even if
the legal process affects the interest
of only one owner of a joint account.
When we are served with legal process
regarding your account, we may refuse
to permit withdrawals or transfers from
your account and we may remove funds from
your account and maintain them in a separate
account until such legal process is satisfied
or dismissed, even if such actions results
in insufficient funds to pay any obligation
you have incurred. We charge fees for
responding to legal process involving
your account. The fees are listed in our
Fee Schedule, defined later in this Agreement.
You agree to release and indemnify, defend
and hold us harmless from all actions,
claims, liabilities, losses, costs and
damages, including without limitation,
expenses, court costs and reasonable attorneys’
fees associated with our compliance with
any legal process. You agree that you
shall not be entitled to receive interest
on any funds we hold or maintain in a
separate account in connection with or
response to legal process. To the extent
that any deposit accounts are entitled
to exemption from legal process you agree
to waive such exemption. Exempt deposits
include without limitation, any social
security, supplemental security income,
veterans or other federal or state benefits.
- We may, on occasion, restrict access
to your deposits, such as when you initially
deposit funds to open an account. Please
see our Funds Availability Disclosure,
provided later in this Agreement, for
further details.
- If we receive notice of an actual or
potential adverse claim to your account
or the funds in your account, we may in
our sole discretion, refuse to pay out
any money from your account for a reasonable
period after receipt of notice of the
actual or potential claims. Although we
reserve our right to pay out any money
from your account if it has received notice
of an actual or potential claim, we are
not required to recognize any adverse
claim unless (i) the claimant provides
us with an acceptable bond indemnifying
us against all liabilities, losses, damages,
costs and expenses, allocated in-house
attorney fees and reasonable attorneys’
fees that might be incurred by us in connection
with payment of the adverse claim and
any dishonored checks or other items,
(ii) the claimant has obtained an order
from a court of competent jurisdiction
in a case in which you are made a party
and served with a summons, or (iii) you
act as a fiduciary for the claimant and
the claimant gives us an affidavit setting
forth the nature of your fiduciary relationship
and the facts upon which the claimant
has reasonable cause to believe that you
are about to misappropriate funds.
- You agree to be liable to us for any
loss, costs or expenses, allocated in-house
attorney fees and reasonable attorneys’
fees, to the extent permitted by law that
we incur as a result of any dispute involving
your account. You authorize us to deduct
any such loss, costs or expenses, allocated
in-house attorney fees and reasonable
attorneys’ fees from your account
without prior notice to you. This obligation
includes disputes between you and Cole
Taylor involving your account and situations
where we become involved in disputes between
you and an authorized signor, another
joint owner, or a third party takes action
with respect to the account that causes
us, in good faith, to seek the advise
of counsel, whether or not we actually
become involved in a dispute.
- We endeavor to forward items payable
on the day of receipt, but it is understood
that items need not be forwarded until
the following business day.
- If you ever owe us money as a borrower,
guarantor or otherwise, and it becomes
due, we have the right under law (called
“setoff”) and under this Agreement,
you agree to grant us a security interest
in your deposit account and authorize
us to use the money from your account
to pay the debt. We may use the money
to pay the debt even if such a withdrawal
results in an interest penalty or dishonor
of checks or any other obligation that
you have incurred. In the case of a partnership
or a joint account, each partner or joint
account holder agrees that we may use
the money in their individual accounts
to satisfy obligations of the joint account
or partnership account. You agree that
the security interest granted by this
Agreement is consensual and is in addition
to our right of setoff. However, the right
of setoff and security interest may not
apply to your account if (i) it is an
IRA or a tax-deferred Keogh Retirement
Account; (ii) the debt is created by a
consumer credit transaction under a credit
card plan; or (iii) the debtor’s
right of withdrawal arises only in a representative
capacity.
- We reserve our right to refuse certain
deposits, including checks with multiple
payees or endorsements, third party checks
or double endorsed government checks and
checks which we believe, in our sole discretion,
to be uncollectible.
- We shall have no duty to pay any items,
including checks, which would overdraw
your account, regardless of the frequency
in which we may have done so in the past.
- If any account is established by two
or more individuals, it is agreed that
all funds now or hereafter deposited in
that account, are and shall be, the joint
property and owned by you as joint tenants
with the right of survivorship and not
as tenants in common unless otherwise
clearly indicated by such individuals
to the contrary.
- We reserve the right to change the
terms and conditions contained in this
Agreement, which may include adding or
deleting certain terms and conditions
entirely or partially. We recommend that
you retain all notifications from us describing
any account changes. Changes that we notify
you of (either voluntarily or as required
by law) will be provided to the last address
you have provided to us in writing. Your
continued use of your account will be
deemed as your acceptance of such amended,
modified or supplemental terms, service
fees and rules and regulations for the
account then in effect. If any changes
in this Agreement, the service fees on
any account, or the rules and regulations
for any account are unacceptable to you,
your exclusive remedy is to terminate
your account.
- We are not liable for any circumstances
beyond our control, generally called an
“Act of God”. Such circumstances
include, but are not limited to, natural
disasters; local, regional or national
emergencies; legal inability to take anticipated
action; and the loss of equipment to process
transactions or account data for any reason.
- Our delay in enforcing our rights under
this Agreement shall not prevent us from
enforcing those rights at a later date.
A waiver of any provision of this Agreement
by us applies only to the specific facts
and circumstances related to such waiver
and shall have no effect on future situations
and in no way represent a course of dealing
or modification of this Agreement between
you and Cole Taylor.
- You agree that you shall release and
indemnify, defend and hold harmless Cole
Taylor, its parent, and its respective
employees, agents, officers and directors
(collectively, the “Indemnitees”)
from and against all claims, demands,
liabilities, judgments and costs (including
expenses, court costs and reasonable attorneys’
fees ) that may be made, asserted, or
entered against or incurred by the Indemnitees,
which in any way arise from, are incident
to, grow out of or are connected with
your request that we undertake and complete
certain currency and/or coin counting
services under the terms of this Agreement,
whether such claims, demands, liabilities,
judgments and costs are based upon negligence,
strict liability in tort, breach of statutory
duty, breach of any obligation arising
under this Agreement or breach of warranty.
Duty to Examine Your Statement.
Statements are made available to you by
mail (or any other method we offer and that
you authorize) at the last address you have
provided to us in writing. You should carefully
examine the statement and images of cancelled
checks when you receive them. If you feel
that there is an error on the statement,
images of cancelled checks, or that some
unauthorized person has withdrawn funds
from your account, you should notify us
immediately. You agree that you are in the
best position to discover any unauthorized
transactions, which include forged or missing
signatures and any error, material alteration,
or counterfeit check. You agree that we
will not be liable for paying such items
if (i) you did not exercise reasonable care
in examining your statement and images of
cancelled checks or you have not reported
unauthorized signatures or alterations to
us within thirty (30) calendar days of the
mailing of the earliest statement containing
these items, or (ii) these items were drawn
without authority or altered so cleverly
(as by unauthorized use of a facsimile machine
or otherwise) that the lack of authorization
or alteration could not be detected by a
reasonable person and you were negligent
in some manner. If you have elected not
to receive copies of images of cancelled
checks in your statements, the images of
cancelled checks or legible copies will
be made available to you within a reasonable
time after your written request is received
by us that sufficiently identifies the checks
requested. You agree that you will pay any
service fee which we may require for the
retrieval and copying of the requested checks.
Please refer to our Electronic Fund Transfer
Disclosure and our Substitute Checks and
Your Rights, contained herein, for any consumer,
(i.e., an account established for personal,
household or family use) electronic banking
transaction.
Remotely Created Checks
Like any standard check or draft, a remotely
created check (sometimes called a telecheck,
preauthorized draft or demand draft) is
a check or draft that can be used to withdraw
money from an account. Unlike a typical
check or draft, however, a remotely created
check is not issued by the paying bank and
does not contain the signature of the account
owner (or a signature purported to be the
signature of the account owner). In place
of a signature, the check usually has a
statement that the owner authorized the
check or has the owner’s name typed
or printed on the signature line. For example,
if a person provides an account number in
response to a telephone solicitation, the
telephone solicitor can use the account
to issue a remotely created check to withdraw
money from that account.
You warrant and agree to the following for
every remotely created check we receive
from you for deposit or collection: (1)
you have received express and verifiable
authorization to create the check in the
amount and to the payee that appears on
the check; (2) you will maintain proof of
the authorization for at least 2 years from
the date of authorization, and supply us
the proof if we ask; and (3) if a check
is returned, you owe us the amount of the
check, regardless of when the check is returned.
We may take funds from your account to pay
the amount you owe us, and if there are
insufficient funds in your account, you
still owe us the remaining balance.
Account Disclosures
Checking Accounts
A checking account is a non-interest bearing
account from which collected funds on deposit
may be withdrawn at any time and without
any prior notice (on demand) by a properly
completed negotiable instrument called a
check. You have unlimited check writing
privileges. Statements will be issued monthly
for all checking accounts. All transactions
for the month will be indicated on the statement.
The account will consist of two sub accounts:
a transaction account and a savings account.
At various times during a statement cycle
we may transfer funds between the sub accounts.
In the event of the sixth transfer from
the savings account to the transaction account
in a statement period, the entire account
balance would be transferred to the transaction
account for the remainder of the statement
period. This sub account activity
will not appear on your monthly statement
and will not affect your account usage in
any way.
Interest Checking and Money Market
Accounts
Interest checking accounts (“NOW Accounts”)
and money market accounts are interest-bearing
accounts from which you can withdraw collected
funds by means of a properly completed instrument
called a negotiable order of withdrawal.
While a negotiable order of withdrawal is
similar to a check, we reserve the right
to require seven (7) calendar days prior
notice before paying a negotiable order
of withdrawal or before permitting any other
form of withdrawal. We use the daily-balance
method to calculate the interest on your
account. This method applies a daily periodic
rate to the collected principal balance
in the account each day. Interest is compounded
monthly and begins to accrue on the business
day the account is opened, provided funds
are collected. Interest is payable on your
statement cycle date and will be credited
to your account on that date. If your account
is closed prior to the end of the statement
cycle, you will not receive the accrued
interest for that period. The account will
consist of two sub accounts: a transaction
account and a savings account. At various
times during a statement cycle we may transfer
funds between the sub accounts. In the event
of the sixth transfer from the savings account
to the transaction account in a statement
period, the entire account balance would
be transferred to the transaction account
for the remainder of the statement period.
This sub account activity will not appear
on your monthly statement and will not affect
your account usage in any way.
Interest Checking Accounts
The interest rate and annual percentage
yield earned on your interest checking account
may vary and will be subject to change at
any time by us in our sole discretion. Further,
the amount of any rate change will be within
our sole discretion. Interest will not be
paid for any day your collected balance
is under the stated minimum to earn interest.
The monthly maintenance fee may be waived
if you maintain the required minimum balance.
There is no limit on the number of withdrawals
you may make. Federal law prohibits entities
organized for profit, including corporations,
partnerships and limited liability companies,
from holding NOW Accounts. If we determine
that you are not eligible under Federal
law to own NOW Accounts, we reserve our
right to close the account or convert it
to a non-interest bearing account without
prior notice.
Money Market Accounts
The interest rate and annual percentage
yield earned on your money market account
may vary and will be subject to change at
any time in our sole discretion. Further,
the amount of any rate change will be within
our sole discretion. Interest will not be
paid for any day your collected balance
is under the stated minimum to earn interest.
The monthly maintenance fee will be waived
if you maintain the required minimum balance.
You may make unlimited deposits and withdrawals,
in-person, by mail or at an Automated Teller
Machine (“ATM”). Federal regulation
permits you a maximum of six (6) preauthorized
or automatic transfers or withdrawals per
statement cycle. Electronic Funds Transfers,
defined later in this Agreement, computer
terminal transactions and telephone transactions
are considered preauthorized transfers.
No more than three (3) checks, drafts or
point of sale (“POS”) withdrawals
may post to your account each statement
period. A charge may be assessed for each
transfer or withdrawal that exceeds these
restrictions, refer to the Fee Schedule,
defined later in this Agreement, detailing
such charges. Federal regulation requires
us to stop paying interest on your account
or to close it if you repeatedly violate
these limitations.
Collected Balance
Because checks and other non-cash items
deposited must be presented for payment
to the bank on which they are drawn, we
cannot give immediate credit for these deposits.
An item is considered collected when it
has been finally paid by the bank on which
it is drawn. Any items, other than cash,
accepted for deposit will be given provisional
credit only until collection is final.
Stopping Payment on a Check
You and any person who is authorized to
draw checks on your account have the right
to stop payment on any check drawn on the
account that has not been paid or certified.
Our check processing systems are highly
automated and precise; therefore, we require
the following information in order to process
your stop payment order. We require correct
and complete information which includes
the exact amount of the check, check number,
name of the payee, date of the check and
the full account number. If any of this
information provided by you is not correct
and complete, we will be unable to process
your stop payment order. You agree that
we will not be liable to you for not following
a stop payment order if the information
you give us is not correct or complete.
An oral stop payment order lapses after
fourteen (14) calendar days unless you confirm
it in writing within that time period. Stop
payment orders do not renew automatically
and expire after six (6) months unless you
renew it in writing.
You agree that if you generate a check by
computer or in any other manner that does
not produce magnetic ink character recognition
(MICR) encoded check number on the check;
we can not guarantee that your stop order
will be honored.
You agree that if you request a stop payment
on any check which is subsequently reconverted
to an automated clearing house debit, we
can not guarantee that your stop will be
honored.
Postdated and Stale Dated Checks
We reserve the right to pay any postdated
or stale dated item when presented, despite
any notice that you may send to us. You
agree that we will not be liable to you
for paying any postdated or stale dated
check.
Check Legends
We are not required to honor any memos or
legends you write on your check. An example
of a legend or memo would be, “must
be presented in within 90 days” or
“not valid for more than $50.00”.
Order of Payment
We reserve the right to pay, including without
limitation, checks, automated clearing house
debits, ATM withdrawals, funds transfers,
fees and charges due us or other items drawn
on your account in any order that we determine,
in our sole discretion, even if paying a
particular check or item results in more
fee income to us or an insufficient available
balance in your account to pay one or more
other items that otherwise could have been
paid. Generally, although not obligated
to do so, we pay any of the items listed
above from the highest dollar amount to
the lowest dollar amount.
Returned Deposits
If a check or other negotiable instrument
is for less than $100.00 and is returned
for non-sufficient funds by the paying institution,
we will redeposit the check a second time.
The only exception to this policy is where
a customer has given us prior written special
instructions in this event. All other checks
or negotiable instruments returned unpaid
are charged back to the account where they
were deposited.
Savings Accounts
A savings account is an interest bearing
depository account from which collected
funds can be withdrawn by presenting a properly
completed withdrawal form to one of our
tellers or for statement savings only, through
an ATM transaction. The interest rate and
annual percentage yield earned on your savings
account may vary and will be subject to
change at any time at our sole discretion.
Further, the amount of any rate change will
be within our sole discretion. We use the
daily balance method to calculate the interest
of your account. This method applies a daily
periodic rate to the ledger balance in the
account each day. Interest begins to accrue
on the business day the account is opened.
Interest will be compounded monthly and
credited to your account on a quarterly
basis. If your account is closed prior to
your next interest payment date, you will
not receive the accrued interest for that
period. Withdrawals are payable only to
you. We allow withdrawals from your savings
account at any time; however, we reserve
the right to require seven (7) calendar
days prior written notice before permitting
any withdrawals. If we require a notice
of withdrawal from one savings account,
we will require it for all other savings
accounts of that type. You may make unlimited
deposits or withdrawals in-person, by mail
or at an ATM. Federal regulation permits
you a maximum of six (6) preauthorized or
automatic or telephone transfers or withdrawals
(including online banking transactions,
as applicable) per statement cycle or calendar
month for passbook accounts. Electronic
Funds Transfer, defined later in this Agreement,
computer terminal transactions and telephone
transactions are considered preauthorized
transfers. A fee may be assessed for withdrawals
or transfers that exceed these restrictions
refer to the Fee Schedule, defined later
in this Agreement, detailing such fees.
Federal regulation requires us to stop paying
interest on your account or to close it
if you repeatedly violate these limitations.
If you maintain the required minimum balance,
the maintenance fee may be waived.
ATM transactions are permitted on statement
savings accounts. The statements are issued,
at a minimum, on a quarterly basis.
Inactive Accounts
Your interest checking, money market, or
savings account will be considered inactive
and subject to an inactivity fee, if for
a specified period of time, you do not originate
any transactions. Please refer to the Fee
Schedule, defined later in this Agreement,
for details on time periods, balance requirements
and applicable fees.
Escheat Accounts
Defined by state law, the balance in an
account is presumed to be abandoned if there
is no activity for five (5) years, and if
we cannot locate you. We are required by
law to remit the balance in such accounts
to the State of Illinois. The account will
be assessed a service fee prior to remittance
to the State of Illinois. Please refer to
the Fee Schedule, defined later in this
Agreement, for applicable service fees.
Closing an Account
You may close your account with us at any
time. If your account has a zero balance
for two consecutive statement cycles, we
may consider it to be closed.
Pledged Deposit Account
If your deposit account has been pledged
as collateral to secure a loan with us,
you cannot make any withdrawals from the
deposit account. Additionally, ATM transactions
are not permitted. These limitations will
continue until the loan is paid in full.
Transferability
Your account may not be pledged, assigned,
or used as collateral security for a loan
with any lender other than us, unless we
agree to the transfer in writing. Accounts
are not negotiable or transferable to third
parties without our prior written consent.
Personal Banking Service Fees, Initial
and Minimum Deposit Requirements and Other
Account Requirements
The various personal banking fees and requirements
for initial deposits, minimum balances,
and other account requirements are shown
in the “fee schedule” or “fee
schedules” (the “fee schedule”
and “fee schedules” are collectively
referred to herein as “Fee Schedule”),
which are separate documents given to you
at the time you opened your account. For
consumer accounts (i.e., those for personal,
household, or family use), we will mail
you written notice of any increase in these
fees, or any new fees, at least thirty (30)
calendar days prior to assessing the fee.
You agree to pay fees in connection with
your account in accordance with the
Fee Schedule in effect from time to time.
You also agree that we may deduct the fees
owed from your account. We reserve the right,
in our sole discretion, to waive any fees.
Funds Availability Disclosure
THE EXPEDITED FUNDS AVAILABILITY ACT AND
REGULATION CC OF THE FEDERAL RESERVE BOARD
REQUIRE ALL BANKS TO NOTIFY DEPOSITORS OF
THEIR FUNDS AVAILABILITY POLICIES. THIS
DISCLOSURE STATEMENT IS DELIVERED TO YOU
IN COMPLIANCE WITH REGULATION CC AND PRESENTS
OUR FUNDS AVAILABILITY POLICIES.
Your Ability to Withdraw Funds at
Cole Taylor
Our policy is to delay the availability
of some funds that you deposit in your account.
During the delay, you may not withdraw the
funds in cash and we will not use the funds
to pay checks that you have written. The
availability of deposited funds depends
on the type of deposit and where the deposit
is made as outlined in the following sections.
Determining the Availability of
a Deposit
For determining the availability of a deposit,
every day is a business day except Saturdays,
Sundays, and federal holidays. If you make
a deposit at any of our office facilities
on a business day that we are open, we will
consider that day to be the day of deposit.
If you make a deposit on Saturday, Sunday
or a federal holiday, we will consider that
the deposit was made on the next business
day we are open. If you make a deposit at
one of our night depositories, we will consider
the deposit was made on the business day
it is removed from the night depository.
Also, if your deposit arrives at Cole Taylor
by armored car, mail, or messenger after
2:00 p.m. Central Standard Time (“CST”)
on any business day that we are open, we
will consider that your deposit was made
on the next business day we are open.
Same Business Day Availability
Funds from the following deposits will be
made available on the business day of the
deposit:
- Cash deposits made in person to one
of our employees.
- Funds from electronic direct deposits,
including pre-authorized credits, such
as Social Security benefits and payroll
payments, and wire transfers will be available
on the business day we receive the deposit.
Next Business Day Availability
Funds from the following deposits may be available
on the first business day following the business
day of your deposits:
- Checks drawn on Cole Taylor.
- U.S. Treasury checks that are payable
to you.
- Federal Reserve Bank and Federal Home
Loan Bank checks payable to you.
- U.S. Postal Service Money Orders payable
to you.
- State of Illinois and local government
checks that are payable to you, and cashier’s,
certified, and teller’s checks that
are payable to you (provided that a special
deposit slip is requested from the teller
at the time of deposit).
Other Check Deposits
The delay for other check deposits depends
on whether the check is a local or non-local
check. If the first four digits of the nine
digit routing number appearing at the bottom
of the check are 0110, 0111, 0112, 0113, 0114,
0115, 0116, 0117, 0118, 0119, 0210, 0211,
0212, 0213, 0214, 0215, 0216, 0219, 0220,
0223, 0260, 0280, 0310, 0311, 0312, 0313,
0319, 0360, 0410, 0412, 0420, 0421, 0422,
0423, 0430, 0432, 0433, 0434, 0440, 0441,
0442, 0510, 0514, 0515, 0519, 0520, 0521,
0522, 0540, 0550, 0560, 0570, 0710, 0711,
0712, 0719, 0720, 0724, 0730, 0739, 0740,
0749, 0750, 0759, 0813, 0830, 0839, 0863,
0910, 0911, 0912, 0913, 0914, 0915, 0918,
0919, 0920, 0921, 0929, 0960, 1010, 1011,
1012, 1019, 1020, 1021, 1022, 1023, 1030,
1031, 1039, 1040, 1041, 1049, 1070, 1110,
1111, 1113, 1119, 1120, 1122, 1123, 1130,
1131, 1140, 1149, 1163, 1210, 1211, 1212,
1213, 1220, 1221, 1222, 1223, 1224, 1230,
1231, 1232, 1233, 1240, 1241, 1242, 1243,
1250, 1251, 1252, 2110, 2111, 2112, 2113,
2114, 2115, 2116, 2117, 2118, 2119, 2210,
2211, 2212, 2213, 2214, 2215, 2216, 2219,
2220, 2223, 2260, 2280, 2310, 2311, 2312,
2313, 2319, 2360, 2410, 2412, 2420, 2421,
2422, 2423, 2430, 2432, 2433, 2434, 2440,
2441, 2442, 2510, 2514, 2515, 2519, 2520,
2521, 2522, 2540, 2550, 2560, 2570, 2710,
2711, 2712, 2719, 2720, 2724, 2730, 2739,
2740, 2749, 2750, 2759, 2813, 2830, 2839,
2863, 2910, 2911, 2912, 2913, 2914, 2915,
2918, 2919, 2920, 2921, 2929, 2960, 3010,
3011, 3012, 3019, 3020, 3021, 3022, 3023,
3030, 3031, 3039, 3040, 3041, 3049, 3070,
3110, 3111, 3113, 3119, 3120, 3122, 3123,
3130, 3131, 3140, 3149, 3163, 3210, 3211,
3212, 3213, 3220, 3221, 3222, 3223, 3224,
3230, 3231, 3232, 3233, 3240, 3241, 3242,
3243, 3250, 3251, 3252, then the checks are
local; all other checks are non-local. Some
checks are marked "payable through"
and have a four or nine digit number nearby;
for these checks, use the four digit number
(or the first four digits of the nine digit
number), not the routing number on the bottom
of the check, to determine if these checks
are local or non-local.
- Local checks – The funds from
local checks will be available on the
first business day after the business
day of your deposit.
- Non-local checks – The first $100
dollars of the aggregate of all non-local
checks deposited on a certain business
day will be available on the first business
day after the business day of deposit,
with the remaining funds available the
second business day. For example, if you
deposit non-local checks totaling $400
on Monday, the first $100 of such deposit
will be available on Tuesday and the remaining
$300 will be available on Wednesday.
Longer Delays May Apply
Funds you deposit by check may be delayed
for a longer period under the following circumstances:
- We believe a check you deposit will
not be paid.
- You deposit checks totaling more than
$5,000 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 a failure
of communication or computer 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 ninth business day after
the day of your deposit. If you deposit both
categories of checks, $100 from the checks
will be available on the first business day
after the day your deposit, not $100 from
each category of check.
Special Deposit Slips
Funds from the following deposits are available
on the first business day after the day of
your deposit and will not be subject to any
case-by-case hold if you use a special deposit
slip:
- State and local government checks that
are payable to you.
- Cashier’s, certified and teller’s
checks that are payable to you.
Special deposit slips are available at
any teller station.
Deposits at Automated Teller Machines
Funds from any deposits (cash or checks) made
at any ATM we do not own or operate may not
be available until the fifth business day
after the day of your deposit. This rule does
not apply at any ATM that we own or operate.
Any ATM that we own or operate is clearly
marked with Cole Taylor signage.
Funds from a deposit made at any of our ATMs
are available on the first business day after
the date of your deposit. If you make a deposit
at one of our ATMs before 2:00 p.m. CST on
a business day that we are open, we will consider
that day to be the day of your deposit. If
you make a deposit after 2:00 p.m. CST or
on a Saturday, Sunday, or a federal holiday,
we will consider that the deposit was made
on the next business day we are open.
Special Rules for New Accounts
If you are a new customer, the following special
rules will apply during the first thirty (30)
calendar days your account is open.
The first $5,000 from a deposit of U.S. Treasury
checks will be available on the first business
day after the day of your deposit. The excess
over $5,000 will be available no later than
the ninth business day after the day of your
deposit. Funds from wire transfers into your
account will be available on the first business
day after the day we receive the transfer.
Funds from the deposits of cash and the first
$5,000 of a day’s total deposits of
cashier’s, certified, teller’s,
traveler’s and state and local government
checks will be available on the first business
day after the day of your deposit if the deposit
meets certain conditions. For example, the
checks must be payable to you and you may
have to use a special deposit slip. The excess
of such deposits over $5,000 will be available
no later than the ninth business day after
the day of your deposit. Funds from all other
check deposits will generally be available
no later than the ninth business day after
the day of your deposit.
Holds on Other Funds When Cashing
a Check
If we cash a check for you 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.
Holds on Funds in Other Accounts
If we accept for deposit a check 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
until the expiration of the time periods that
are described elsewhere in this disclosure
for the type of check that you deposited.
Substitute Checks and Your Rights
What is a substitute check?
To make check processing faster, federal law
permits banks to replace original checks with
“substitute 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 a
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 electronic debits to your account. However,
you have rights under other law with respect
to those transactions.
What are my rights regarding substitute
checks?
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 attempt 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 also are 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 of your refund (plus interest
if your account earns interest) within ten
(10) business days after we received your
claim and the remainder of your refund (plus
interest if your account earns interest) not
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 substitute check was correctly posted
to your account.
How do I make a claim for a refund?
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 our Customer Service Center at (847)
653-7978 within forty (40) 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.
Your claim must include:
- A description of why you have suffered
a loss (for example, you think the amount
withdrawn was incorrect);
- An estimate of the amount of your loss;
- An explanation of why the substitute
check you received is insufficient to
confirm that you suffered a loss, and
- A copy of the substitute check [and/or]
the following information to help us identify
the substitute check: the check number,
the name of the person to whom you wrote
the check, the amount of the check.
Electronic Fund Transfers Disclosure
This disclosure states the additional rights
and responsibilities that you may have pertaining
to electronic fund transfers and applies only
to deposit accounts established for personal,
household or family use. The term “Electronic
Fund Transfers” includes, transfers
of funds initiated through an electronic terminal,
telephone, magnetic tape, or computer for
the purpose of ordering, instructing, or authorizing
a financial institution to debit or credit
a deposit account. This includes, without
limitation, ATM and POS transfers, direct
deposits, pre-authorized withdrawals of funds,
computer initiated transactions, electronic
check conversion transactions and telephone
transfers. Online banking, bill payment and
bill presentment services are governed by
a separate services agreement that is provided
to customers enrolling for those services.
This disclosure does not change or modify
this Agreement and it is not a contract.
Types of Available Transfers
Account Access
- ATM Usage. You may
use your Card, defined later in this Agreement,
and personal identification number (“PIN”)
to withdraw cash from your account, make
deposits to your account, transfer funds
between your accounts, or obtain account
balances at ATM terminals at our locations
and at many other ATM terminals.
- POS Usage.
- You may use your Debit Card, defined
later in this Agreement, to pay for
purchases anywhere MasterCard® is
honored or at places that have agreed
to accept your Card for POS purchases.
- You may use your Card and PIN to
pay for purchases at places that have
agreed to accept your Card for PIN
based transactions.
- Cash Advance Usage.
You may use your Debit Card to receive
cash advances from your applicable account
at any financial institution displaying
the MasterCard® logo.
- Pay bills directly
from your accounts in the amounts and
on the days you request.
- Limitations on Service.
- Some ATM and POS transactions may
not be available at certain ATM or
POS terminals. The amount of all ATM
and POS transactions are limited by
the amount of available funds in your
account.
- The limits on transactions are stated
below. Certain transactions may have
account access limitations. We must
authorize Card access to each account.
You can ask us at any time to add
or remove accounts.
- We reserve our right to change the
limits on transactions, impose other
limits or restrictions, or revoke
the use of your Card.
- At our discretion, we may not authorize
certain Card transactions due to outstanding
Card transactions.
- For Your Protection.
Your Card and PIN are provided solely
for your use. For your protection you
agree to:
- Not allow another individual to
use either your Card or your PIN.
- Safely keep your Card and PIN separate
in your sole possession.
- Not write your PIN on your Card.
- Not disclose, record or otherwise
make your Card or PIN available to
anyone else.
- Use your Card and PIN per the terms
of this Agreement.
- Immediately report to us any loss,
theft, disappearance or known or suspected
unauthorized use of your Card or PIN.
- Not abuse use of your Card, PIN
or the services provided by us.
Electronic Check Conversion
You may authorize a merchant or other payee
to make a one-time electronic payment from
your checking account using information from
your check to:
- Pay for purchases.
- Pay bills.
Limits On Frequency And Dollar Amounts
Of Transfers
- Deposits. Subject to
the provisions of this Agreement, we will
accept deposits or payments to any account
that can be accessed by your Card. All
deposits are subject to verification and
collection.
- **Withdrawals. Generally,
you may use your Card to make any number
of on-line withdrawals through an ATM
up to one thousand ($1,000) dollars in
the aggregate, in any given 24-hour period.
For security reasons, there are other
limits on withdrawals that can be made
using the ATM. All withdrawals are subject
to the provisions set forth in this document.
- **Transfers. You may
use your Card at an ATM to make any number
of transfers between accounts linked by
your Card, subject to the amount of available
funds in your accounts.
- *Cash Advances. Your
Debit Card may be used to initiate cash
advances from your account, provided that
such cash advances are limited to the
lesser of available funds in the account
or two thousand five hundred ($2,500)
dollars in any given 24-hour period and
are subject to any limit imposed by another
financial institution processing the advance.
- POS Purchases. Generally,
you may make any number of purchases each
day anywhere the Card is accepted subject
to the following:
- *Signature based Debit
Card purchases are generally limited
to the lesser of the available funds
in your account or two thousand five
hundred ($2,500) dollars in the aggregate,
in any given 24-hour period.
- **PIN based Card purchases
are generally limited to the lesser
of the available funds in your account
or one thousand ($1,000) dollars in
the aggregate, in any given 24-hour
period.
- *Preauthorized Debit Transactions.
With your Debit Card you may authorize
us to perform a preauthorized debit transaction
(to withdraw funds from an account accessed
with your Debit Card to make a purchase
on a future date) anywhere the Debit Card
is accepted. These preauthorized debit
transactions cannot be processed through
an ATM.
- Limits for Cash Advances.
Signature Based purchases, and Pre-authorized
debits are cumulative in nature and cannot
exceed two thousand five hundred ($2,500)
dollars in the aggregate, in any given
24-hour period.
- **Limits for Withdrawals.
Transfers, and Pin-based purchases are
cumulative in nature and cannot exceed
one thousand ($1,000) dollars in the aggregate,
in any given 24-hour period.
- Stop Payments. You
understand and agree that you will not
be allowed to place a stop payment on
a transaction made with your Card.
- Savings and Money Market Accounts.
If any of your accounts accessed by your
Card are statement savings, or money market
accounts, you are limited by Federal regulations
to a maximum of six (6) preauthorized
or automatic transfers or withdrawals
from such accounts per statement cycle.
Electronic Funds Transfer, defined later
in this Agreement, (sometimes referred
to as ACH) withdrawals, POS transactions,
computer terminal transactions and telephone
transactions are considered preauthorized
transactions. Three (3) of these six (6)
transfers or withdrawals may be made by
check or draft. A charge may be assessed
for each check (including electronic check
conversion transactions) or draft that
exceeds these restrictions in accordance
with the Fee Schedule in effect at that
time. We may close your account if you
continue to exceed these limitations.
No more than three (3) of these transactions
may be POS transactions. If you repeatedly
violate these limitations, Federal regulations
require us to stop paying interest on
your account or to close it.
Charges for Transfers
Please refer to the ATM/Debit Card Agreement
for charges for transfers. Please refer to
the Fee Schedule for the charges associated
with the various accounts.
Documentation of Transfers
ATM and POS Transfers:
You can receive a receipt at the time you
make any transfer to or from your account
using any ATM or POS terminal. You should
keep this receipt to verify your transaction
information.
Preauthorized Credits:
If you have arranged to have direct deposits
made to your account at least once every sixty
(60) calendar days from the same person or
company, you can call or write to our Customer
Service Center, to find out whether or not
the deposit has been made.
Periodic Statements:
A monthly statement will be made available
to you by mail or any other method you have
authorized, for your checking, interest checking
or money market account. You statement savings
account is made available to you on a quarterly
basis.
Savings Passbook Account Where The
Only Possible Electronic Fund Transfers Are
Preauthorized Credits:
If you bring your savings passbook to us,
we will record any electronic fund deposits
that were made to your account since the last
time you brought in your savings passbook.
Your Right to Stop Preauthorized Payments:
If you have told us in advance to make regular
payments from your account, you can also stop
any of these payments. Call or write to the
Customer Service Center in time for us to
receive your request three (3) business days
or more before the payment is scheduled to
be made. If you call, we may require you to
put your request in writing and mail it to
us so it will be received within fourteen
(14 ) calendar days after you call. You will
be charged for each stop payment order you
give as specified in the Fee Schedule.
Payments of Varying Amounts:
If these regular payments may vary in amount,
the person you are going to pay will tell
you, ten (10) calendar days before each payment,
when it will be made and how much it will
be.
Failure to Make Transfers:
If you order us to stop one of these payments
as specified in “Your Rights to Stop
Pre-Authorized Payments”, three (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. However,
there are some exceptions. We will NOT be
liable, for the following:
- If, through no fault of ours, you do
not have enough money in your account
to make the 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 ATM, or POS 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 transfer,
despite reasonable precautions we have
taken.
- If the funds are subject to legal process
or other encumbrances restricting the
transfer.
There may be other exceptions stated in
our agreements with you.
Fees
ATM Fees
When you use your Card at any ATM owned by
us, you will not be charged a per-transaction
fee. ATMs owned by us are clearly identified
by Cole Taylor signage. All other ATMs are
not owned by us. Please refer to the Fee Schedule
for applicable per-transaction fees. You can
consult a Customer Service Representative
for further details as to the location of
Cole Taylor owned ATMs.
The charges for transactions are subject to
change. If any such charges are changed, we
shall provide you with notice of the change
in terms, as required by law.
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.
For other charges related to minimum account
balances, overdrafts and other situations,
please refer to your Fee Schedule.
Other Fees
Please refer to the Fee Schedule for specific
fees.
Your Liability
Tell us AT ONCE if you believe your card/code
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 applicable).
If you tell us within two (2) business days
after you learn of the loss or theft of your
card/ code, you can lose no more than $50
if someone used your card/code without your
permission.
If you do NOT tell us within two (2) business
days after you learn of the loss or theft
of your Card/PIN and we can prove we could
have stopped someone from using your Card/PIN
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, including those made by
Card/PIN or other means, tell us at once.
If you do not tell us within sixty (60) calendar
days after the statement was mailed or made
available to you by any other method you have
requested, you may not get back any money
you lost after the sixty (60) calendar 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 may, but are not obligated to, extend
the time periods.
Contact in event of unauthorized transfer
If you believe your Card/PIN has been lost
or stolen, call: (847) 653-7978, or write
to:
Cole Taylor Bank
Customer Service Center
9550 West Higgins Road
Rosemont, Illinois 60018
You should also call the number or write to
the address listed above if you believe a
transfer has been made using the information
from your check without your permission.
Business Days
Everyday is a business day except Saturdays,
Sundays, and federal holidays.
Account Information Disclosure
We will disclose information to third parties
about your account or the transfers you make:
1) where it is necessary for completing transfers;
2) in order to verify the existence and condition
of your account for a third party, such as
a credit bureau or merchant; 3) in order to
comply with government agency or court orders;
4) if you give us your written permission;
or 5) if not otherwise prohibited by law.
In Case of Errors or Questions about
Electronic Transfers from your personal, family
or household account.
If you think your statement or receipt is
wrong or if you need more information about
a transfer listed on the statement or receipt,
telephone or write to the Customer Service
Center as soon as you can at: (847) 653-7978,
or write to:
Cole Taylor Bank
Customer Service Center
9550 West Higgins Road
Rosemont, Illinois 60018
We must hear from you no later than sixty
(60) calendar days after we mailed or made
available to you by any other method you requested
the FIRST statement on which the problem or
error appeared. You will be required to provide
the following information: 1) your name and
account number, 2) a description of the error
or the transfer you are unsure about, and
an explanation as to why you believe it is
an error or why you need more information,
and 3) the dollar amount of the suspected
error. If you tell us orally, we may require
that you send us your complaint or questions
in writing within ten (10) business days.
We will tell you the results of our investigation
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 questions. If we decide
to do this, we will re-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 questions in
writing and we do not receive it within ten
(10) business days, we may not credit your
account. For errors involving new accounts,
“POS”, or foreign-initiated transactions,
we may take up to ninety (90) calendar 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.
If we decide that there was no error, we will
send you a written explanation within three
(3) business days after we finish our investigation.
You may ask for copies of the documents we
used in our investigation.
ATM/Debit Card Terms and Conditions
of Use
This Agreement and the terms and conditions
contained herein govern your use of the MasterMoney™
Card or Debit MasterCard® (the “Debit
Card”) or the ATM Card (which does not
contain a MasterCard® or MasterMoney™
logo, the “ATM Card”)(the Debit
Card and the ATM Card are sometimes collectively
referred to herein as the “Card”)
and POS transactions.
By signing our Account Agreement and
Signature Verification Card and activating
an issued PIN or performing an initial transaction
at a Cole Taylor owned ATM, you acknowledge
receipt of the ATM/Debit Card terms and conditions
contained herein. All Card transactions are
subject to all applicable laws, regulations,
rules and other agreements governing accounts
and services as stated in this Agreement and
apply only to accounts established primarily
for personal, family, or household purposes.
ACCOUNT ACCESS
- ATM Usage. You may use your Card and
PIN to withdraw cash from your account,
make deposits to your account, transfer
funds between your accounts, or obtain
account balances at ATM terminals at our
locations and at many other ATM terminals.
- POS Usage.
- You may use your Debit Card to pay
for purchases anywhere MasterCard®
is honored or at places that have
agreed to accept your Card for POS
purchases.
- You may use your Debit or ATM Card
and PIN to pay for purchases at places
that have agreed to accept your Card
for PIN-based transactions.
- Cash Advance Usage. You may use your
Debit Card to receive cash advances from
your applicable account at any financial
institution displaying the MasterCard®
logo.
- Pay bills directly from your accounts
in the amounts and on the days you request.
- Limitations on Service.
- Some ATM and POS transactions may
not be available at certain ATM or
POS terminals. The amount of all ATM
and POS transactions are limited by
the amount of available funds in your
account.
- The limits on transactions are stated
below. Certain transactions may have
account access limitations. We must
authorize Card access to each account.
You can ask us at any time to add
or remove accounts.
- We reserve the right to change the
limits on transactions, impose other
limits or restrictions, or revoke
the use of your Card.
- At our discretion, we may not authorize
certain Card transactions due to outstanding
Card transactions.
- For Your Protection.
Your Card and PIN are provided solely
for your use. For your protection you
agree to:
- Not allow another individual to
use either your Card or your PIN.
- Safely keep your Card and PIN separate
in your sole possession.
- Not write your PIN on your Card.
- Not disclose record or otherwise
make your Card or PIN available to
anyone else.
- Use your Card and PIN pursuant to
the Agreement and the terms and conditions
contained herein.
- Immediately report to us any loss,
theft, disappearance or known or suspected
unauthorized use of your Card or PIN.
- Not abuse use of your Card, PIN
or the services provided by us.
AUTHORIZATION
You authorize us to credit or charge your
account for all transactions initiated with
your Card. You also authorize us to charge
your account for the amount of any check or
other instrument for which you receive cash
or credit through a Card transaction if that
item is dishonored, charged back or otherwise
returned to us unpaid for any reason.
PIN
- Debit Card holders will receive a confidential
PIN in the mail. The pre-assigned PIN
may be changed to a PIN of your choosing.
- ATM Card holders will choose a confidential
PIN.
- Both your Card and your PIN are needed
to access your accounts at an ATM or POS
terminal. For accounts established by
two or more individuals, each person will
receive a Card with a unique PIN.
- You authorize us to carry out any instructions
given by the holder of your Card who also
uses your PIN.
LIMITS ON FREQUENCY AND DOLLAR AMOUNTS
OF TRANSACTIONS
- Deposits. Subject to
the provisions of terms and conditions
contained herein and this Agreement we
will accept deposits or payments to any
account that can be accessed by your Card.
All deposits are subject to verification
and collection.
- **Withdrawals. Generally,
you may use your Card to make any number
of on-line withdrawals through an ATM
up to one thousand ($1,000) dollars in
the aggregate in any given 24-hour period.
For security reasons, there are other
limits on withdrawals that can be made
using the ATM. All withdrawals are subject
to the provisions set forth in this document.
- **Transfers. You may
use your Card at an ATM to make any number
of transfers between accounts linked by
your Card, subject to the amount of available
funds in your accounts.
- *Cash Advances. Your
Debit Card may be used to initiate cash
advances from your account, provided that
such cash advances are limited to the
lesser of available funds in the account
or two thousand five hundred ($2,500)
dollars in any given 24- hour period and
are subject to any limit imposed by another
financial institution processing the advance.
- POS Purchases. Generally,
you may make any number of purchases each
day anywhere the Card is accepted subject
to the following:
- *Signature based Debit Card
purchases are generally limited to the
lesser of the available funds in your
account or two thousand five hundred
($2,500) dollars in the aggregate, in
any given 24-hour period
.
- **PIN based Card purchases
are generally limited to the lesser
of the available funds in your account
or one thousand ($1,000) dollars in
the aggregate, in any given 24-hour
period.
- *Preauthorized Debit Transactions.
With your Debit Card you may authorize
us to perform a preauthorized debit transaction
(to withdraw funds from an account accessed
with your Card to make a purchase on a
future date) anywhere the Card is accepted.
These preauthorized debit transactions
cannot be processed through an ATM.
- Stop Payments. You
understand and agree that you will not
be allowed to place a stop payment on
a transaction made with your Card.
- Savings and Money Market Accounts.
If any of your accounts accessed by your
Card include statement savings, or money
market accounts, you are limited by Federal
regulations to a maximum of six (6) preauthorized
or automatic transfers from such accounts
per statement cycle. Electronic Funds
Transfer (sometimes referred to as ACH)
withdrawals, POS transactions, computer
terminal transactions and telephone transactions
are considered preauthorized transactions.
No more than three (3) of these transactions
may be POS transactions. If you repeatedly
violate these limitations, Federal regulations
require that we stop paying interest on
your account or to close it.
*Limits for Cash Advances, Signature
Based purchases, and Pre-authorized debits
are cumulative in nature and cannot exceed
two thousand five hundred ($2,500) dollars
in the aggregate, in any given 24-hour period.
**Limits for Withdrawals, Transfers,
and PIN-based purchases are cumulative in
nature and cannot exceed one thousand
($1,000) dollars in the aggregate, in any
given 24-hour period.
FEES FOR TRANSACTIONS
When you use your Card at any ATM owned by
us, you will not be charged a per-transaction
fee. ATMs owned by us are clearly identified
by Cole Taylor signage. All other ATMs are
not owned by us. Please refer to the Fee Schedule
for applicable per-transaction fees. You can
consult a Customer Service Representative
for further details as to the location of
Cole Taylor owned ATMs.
The charges for transactions are subject to
change. If any such charges are changed, we
shall provide you with notice of the change
in terms, as required by law.
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.
For other charges related to minimum account
balances, overdrafts and other situations,
please refer to the Fee Schedule for specific
fees.
OTHER FEES
Please refer to the Fee Schedule for specific
fees.
NOTIFICATION TO COLE TAYLOR OF LOST,
STOLEN OR MISUSED CARDS
If your Card is lost or stolen, or if you
believe that someone has or may misuse your
Card and/or PIN, or transfer money from your
account without your permission, you agree
to IMMEDIATELY NOTIFY US, by calling our Customer
Service Center, at (847) 653-7978. You also
agree to immediately notify us if your account
statement(s) indicates one or more transaction(s)
you did not make.
FURTHER LIMITATIONS/WAIVER BY YOU
Except for the rights and responsibilities
stated in the Agreement and the terms and
conditions, contained herein regarding your
ATM/Debit Card, or as provided under law,
we shall not be held responsible for any loss,
injury or harm resulting from the use of your
Card, and you waive all such claims to the
fullest extent permitted by law.
DISPUTES
We are not liable for any claims you may have
against a merchant in connection with any
POS purchase or Card transaction.
Telephone Banking Terms and Conditions
of Use
These terms and conditions of use govern your
use of our Telephone Banking system.
By signing our Account Agreement and
Signature Verification Card, you
acknowledge receipt of the Telephone Banking
terms and conditions, contained herein and
agree that all telephone access to or transfers
between your deposit account(s) (the “Designated
Accounts”) or access to loan accounts
utilizing our automated Telephone Banking
shall be governed accordingly. Transfers from
any Designated Accounts are limited by the
availability of funds and the other limitations
on frequency of transfers otherwise applicable
to the account. Use of the Telephone Banking
does not change your account relationship
or any other agreements you may have with
us.
To access Telephone Banking, you will need
a Telephone Banking account number and a confidential
PIN. You acknowledge and agree to accept all
liability which can legally be imposed on
you for each use of your Telephone Banking
account number and PIN whether or not authorized
by you. You agree to notify us immediately
if you believe someone has obtained access
to Telephone Banking account number or PIN
without authorization. For assistance in obtaining
a Telephone Banking account number, contact
our Customer Service Center.
You authorize us to carry out instructions
given by you to us through Telephone Banking
as if those instructions were written orders
bearing your genuine signature.
You may use your Telephone Banking account
number and PIN to transfer funds between the
Designated Accounts. The transfer will occur
on the day you designate. We reserve our right
not to make transfers which would exceed the
balance of collected funds in the account.
Transfers initiated or scheduled on days which
are not business days or transfers initiated
after 7:00 p.m. CST will be processed on the
next business day. You acknowledge and agree
that we have no responsibility or liability
for any damages, expenses, fees or liabilities
which may occur as a result of any failure
or delay on the part of us, except as may
be imposed by applicable law. You further
acknowledge and agree that we have no responsibility
or liability for any act or omission beyond
that which is imposed on us by applicable
law.
You agree to be responsible for any applicable
fees as specified in the Fee Schedule or amendments
to the Fee Schedule thereto as may be made
from time to time by us.
You may cancel any instructions which are
given to us through our Telephone Banking
by the Customer Service Center at (847) 653-7978
prior to 4:00 p.m. CST on the day the instructions
are to be carried out by us.
You agree that if any of the Designated Accounts
are money market or statement savings accounts,
Federal regulations permit a maximum of six
(6) pre-authorized or automatic transfers
from such accounts per statement cycle, of
which no more than three (3) transfers may
be by third-party checks. Telephone transfers
are considered preauthorized transfers. If
you repeatedly violate these limitations,
Federal regulation requires us to stop paying
interest on these accounts or to close them.
You acknowledge and agree that we may add
or discontinue services, make other changes
or terminate your Telephone Banking.
Night Depository Terms and Conditions
of Use
We provide certain currency and/or coin counting
services to our customers and the terms and
conditions to which we provide such services
are set forth in the Night Depository Agreement.
If you have executed a Night Depository Agreement
with us, such Night Depository Agreement shall
control all transactions completed pursuant
to the terms thereof. If you have not executed
a Night Depository Agreement or fail to comply
with the terms thereof by requesting that
we count currency or coin by a procedure other
than the procedure set forth in the Night
Depository Agreement, then paragraph 21 of
this Agreement shall control all currency
and/or coin counting transactions between
you and Cole Taylor.
Member FDIC
01.01.08 Cole Taylor Bank©
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