Products and Services: Deposit Account Rules

1. ACCOUNTS. These rules apply to all deposit accounts established by you with us at this time and at any future time, subject to our right to amend these rules from time to time. Accounts subject to these rules include, but are not limited to, savings accounts, checking accounts, certificates of deposit, and money market deposit accounts. These rules apply to all depositors establishing such accounts. In these rules, the terms "you" and "your" refer to each depositor, and the terms "us" and "we", and "our" refer to the Bank. Terms not defined in these rules have the meanings assigned to them in the Wisconsin Uniform Commercial code.
2. SIGNATURE CARDS. When you open your account, you will sign a signature card or other document evidencing the account. This will give us your name, social security number, or employer identification number, and other information. We will treat this information as correct until you submit a written change to us.
3. DEPOSITS. Unless otherwise stated in a funds availability policy, if you deposit funds to your accounts on a non-business day, after the close of business on any day, or after 3:00 p.m. or if made to a night depository, we will treat the deposit as received by us at the opening of business on our next business day. All deposits, collections and transactions between us and you shall be governed by the Wisconsin Uniform Commercial Code, as modified by the bylaws and rules of any clearinghouse association of which we are a member and our Funds Availability Policy. We reserve the right to refuse to accept deposits or specific items for deposit. We also reserve the right to limit the minimum or maximum balance that may be maintained in your accounts and the number of deposits and items deposited. You agree that any item you deposit (and any interest accrued on that deposit) or for which you receive cash that is returned to us by the bank on which it was drawn unpaid may be charged against any account you have with us regardless whether the other bank returned the item before its midnight deadline. If an item deposited in your account has been paid by the bank on which it is drawn and that bank later returns the item to us claiming that it was altered, forged, unauthorized, over encoded or should not have been paid for any other reason, we may withhold the amount of the item from your account until that claim is finally resolved. You agree that any item you deposit that is returned unpaid due to a missing end endorsement may be reprocessed by us at our discretion and without notice to you if the form of endorsement required may be supplied by us. You agree to comply with the endorsement zone restrictions established by us. Until further modified by us, you may endorse any check for deposit by signing the back of the check in the area within 1-1/2 inches of the trailing edge of the check. (The trailing edge is the left side of the check looking at it from the front.) If you write or mark anywhere on the back of any check other than within this area, you will be responsible to us for any losses to us which are caused by these writings or marks. When we take an item for collection, we act only as your collection agent. We are not responsible for an item lost while not in our possession. We are not responsible for any deposit made using our night depository service or sent to us by mail until we enter the deposit into our records. You authorize us to initiate automated credit entries to the accounts and to initiate, if necessary, debit entries and adjustments for any credit entries made in error to the accounts. With respect to such entries, you agree to be bound by the rules of the National Automated Clearinghouse Association ("ACH Rules"). Automated credit entries made to the accounts are provisional under the ACH Rules until we have received final settlement or otherwise have received payment, and we are entitled to a refund of the amount credited to any account if such settlement or payment is not received by us. Under the ACH Rules, we are not required to give next day notice to you of receipt of an ACH item. However, we will notify you of the receipt of payments in the periodic statements we provide for you.
4. WITHDRAWALS. When you are making a withdrawal, we may ask you for identification. If you lose any identification item, you should tell us immediately. You may with-draw funds by using forms furnished or approved by us and by any other method permitted by us. We may accept telephone or pre-authorized orders from you to transfer funds from your accounts even if the transfers create overdrafts. We may limit the number of, or refuse to permit, these transfers. Federal law may limit transfers and with-drawals from the accounts and you agree to follow these restrictions or such other restrictions as may be imposed by Federal Law from time to time. As of the date above, Federal Law limits pre-authorized and automatic transfers and withdrawals (including telephone transfers) from savings and money market accounts to 6 per month. For money market accounts no more than 3 of the 6 may be made by check, draft, debit card or similar order to third parties. Activity in excess of applicable restrictions may be grounds for closing an account or removing an account’s transaction and check privileges. If we have reason to believe that a dispute or uncertainty exists as to the rights, powers, duties or authority of any one of you or any other signer to an account or their successors, we may, but shall not be required to, refuse to permit withdrawals, pay items or recognize the authority of any signer (including any agent). We also reserve the right to limit the number of withdrawals or debits to the accounts. We may pay an item drawn on an account which contains any authorized signature whether or not the form of the signature is the same as that shown on the signature card given to us. You may request that we pay items drawn on the account which bear or appear to bear a facsimile of your signature. We may pay these items, whether or not they are in fact authorized by you, as long as what they contain resembles any specimen or sample facsimile signature which you have given to us. You also agree that we will not be responsible if we pay any item which has been forged, altered or counterfeited regardless of by whom or by what means including electronic or photo static copying in a way that a reasonable person could not detect. You agree that if we take an item for processing for collection or payment by automated means, we are not required to manually examine the item. We may but are not required to accept or pay any item other than a certified check, which is presented to us more than six months after it’s date. We will not be liable to you for accepting or paying any item drawn on an account by reason of special instruction other than if the item is a post dated check. Fees for post dated check notices are included in our fee schedule. We will not have a duty to act on a post dated check notice until you have given us both the number and the exact amount of the item as well as the date it was written and the name of the payee and we have a reasonable opportunity to take action prior to payment of the item. The number and amount must be exactly correct to enable our computer system to match the item to your postdated check notice. We may return and not pay postdated items regardless of when we receive them. All oral notices will expire after 14 calendar days from the date we receive the notice unless you confirm the notice in writing to us at our address within the 14 day period. Written notices will be effective for six months from the date of the written notice unless you renew the notice in writing to us at our address for another six months. On interest bearing accounts, we may at any time require 7 days prior written notice of your intent to withdraw funds from the accounts. At our option we may honor or dishonor checks presented against uncollected or insufficient funds. We may charge a fee for honoring such checks. Having honored such checks in the past does not obligate us to do so in the future. If we participate in an electronic check presentment program, we may receive an electronic "presentment notice" from a bank where a check which you have written was deposited or cashed. This means that that bank will be forwarding the check to us for payment. When we receive that bank’s presentment notice, we may immediately charge your account for the amount of the check. If we determine that the check is not properly payable, we will return the check and re-credit your account for the amount of the check.
5. REVERSAL. You may have the right to reverse any unauthorized loan or bill payment which was sent through the Automated Clearing House System (ACH) (as most such payments are). If you want to reverse a payment, you must give us an affidavit within 15 days after you get the monthly account statement that reflects that payment. In your affidavit, you must declare and swear under oath that the payment was not authorized by you. If we receive your affidavit within the 15 day time period we will re- credit your account for the amount of the payment. This right of reversal is in addition to your right to stop pay.
6. FEES AND CHARGES. You agree to pay service, maintenance, withdrawal, check printing, and other fees, charges and penalties in accordance with the applicable fee schedules established by us from time to time. You may obtain a schedule of interest, fee and charges from our bank office. Our current schedule of fees and charges has been given to you in separate written disclosure statement. You also agree to pay photocopy costs and hourly fees for complying with subpoenas or other legal order or your requests. You authorize us to deduct these fees, charges and penalties from your accounts without notice to you and even if they create an overdraft.
7. INTEREST. Interest bearing accounts will bear interest at annual rates which are calculated and compounded by such methods as we may establish from time to time. This rate may be dependent upon the balance in the accounts. Current rate information is available by phone and at any of our locations. Except as required by law, we reserve the right to pay interest only on collected balances and only from the date of collection, not to pay interest on accounts open for less than 90 days, and not to pay interest accrued but not credited at the time an account closes. We will not pay interest on accounts that do not meet eligibility requirements established by law.
8. RECORDS. The balance or transaction amount shown on any receipt you receive may be checked against our records. If there is an error, it will be corrected and you will be notified. Our records will prevail if there is a difference between the amounts shown on your receipt and our records.
9. STATEMENTS/NOTICES. Unless an account is evidenced by a passbook, we will mail or make available to you a periodic statement of the accounts. Periodic statements and notices if any, will be mailed to any one of you at the current address in our files, unless otherwise requested in writing. If no transaction occurs other than the crediting of interest or if a statement is undeliverable we may discontinue mailing statements. Based upon the type of account you select or our receipt of instruction from you, your checks may be retained by us or others in the check collection process and not returned to you with your statements. If we make such a check retention plan available to you, the original checks or copies of optical images of them will be available for a period of 60 days after posting them to your accounts. After 60 days we may destroy the original checks or copies of optical images and use reasonable care to maintain legible records for 7 years after receipt of the check or optical image during which time you may examine the records. Photocopies are available to you for a fee. Our responsibility for furnishing copies of items is limited to those items which are legible and available. All statements, notices, cancelled checks and other items must be examined by you promptly upon receipt. You must notify us of an unauthorized or missing signature or alteration within a reasonable time after we send or make available to you your statement or checks. If your account is a personal account, a reasonable time is not more than 30 days; if your account is a non-personal account a reasonable time is not more than 14 days. You must notify us of any other account problem, including an erroneous statement or passbook entry, unauthorized or missing endorsement or improper charges within 30 days of the date we mail or make available to you your statement and checks. These materials shall be deemed given when mailed by us. If an account is evidence by a passbook, we will allow transactions on the account by any account owner, without presentment of the passbook. The passbook is for record keeping purposes only and does not constitute evidence of authority to conduct to conduct transactions on the account or a complete record of the account.
10. INDIVIDUAL ACCOUNT. If you open an individual account, only you have the right to withdraw. Upon your death, the account balance will be payable as determined under applicable state law.
11. JOINT ACCOUNT. If an account is designated as a joint account on the signature card, sums on deposit are payable upon the request of any one of you or any survivor. Each of you shall notify us of the death of the other. Each of you may make deposits and withdrawals and give notices and instructions concerning the account without the consent of the other. However, we may require the consent of a joint owner for any transaction if we feel it is appropriate. No owner acting alone without our consent may terminate the right of any other joint owner by re-titling the account. If an item is payable to any of you, we may permit each of you to endorse such item for cash or deposit to the account. If an item is payable to all of you, all of you must endorse the item for cash or deposit to the account. If an item is payable to all of you , all of you must endorse the item for cash or deposit to the account. A withdrawal by one of you discharges our obligation to all of you with respect to the amount withdrawn. If one joint owner dies, the account becomes the property of the surviving joint owner(s) subject to our security interest and right of setoff.
12. MARITAL ACCOUNT. If an account is designated as a marital account on the signature card, the account is payable to either of you during the lifetime of both of you and until we receive actual written notice of the death of any one of you from a survivor or representative or beneficiary of one of you. Upon the death of either of you, 50% of the sums on deposit belong to the survivor and 50% of the sums on deposit belong to the estate or other designated beneficiaries of the descendent, in accordance with Wisconsin Law subject to our security interest and right of set-off. Either of you may designate a P.O.D. beneficiary to receive your interest in the account when you die. Either of you may initiate transactions on the account, endorse for cash or deposit to the account any item payable to either or both of you, or give notice or instructions concerning the account. A withdrawal by one of you discharges our obligation to each of you with respect to the amount with-drawn. Each of you agrees to notify us of the death of the other.
13. ORGANIZATION ACCOUNT. We will require a separate authorization form designating the person(s) authorized to make and conditions required for withdrawals from any account in the name of a legal entity such as a partnership, corporation or other organization.
    We will honor such authorization according to its term until we receive written notice that it is amended or terminated by the governing body of such organization. Generally, federal law limits the availability of NOW accounts to individuals, sole proprietorships, nonprofit organizations operated primarily for religious, philanthropic, charitable, educational, political or other similar purposes, governmental units and funds held in a fiduciary capacity. If you have requested such an account, you represent to us that you satisfy the eligibility requirements, and that you will not assign the account to any person who does not satisfy the eligibility requirements.
14. AGENT. Subject to compliance with our procedures all of you acting jointly may designate one or more agents with such authority to act with respect to your accounts as is authorized in the form designating the agent. Any designation of agent shall be executed in a form approved by us and shall be deemed an agency relationship governed by Chapter 705, WI Stats. We accept no responsibility or obligation to supervise or review the use of accounts by agents.
15. STOP PAYMENT ORDERS. When placing a stop payment order, you agree to indemnify us and hold us harmless for all expenses, costs, and attorney fees incurred by us due to our due to our refusal to pay the item. Fees for stopping payment are included in our fee schedules. Under the law there are some situations where a check can be enforced against you even though you ordered us to stop payment. We will not have a duty to stop payment until you have given both the number and the exact amount of the item as well as the date it was written and the name of the payee and we have had a reasonable opportunity to take action prior to the earlier of our payment of it or an hour after the opening of the next business day we receive it. A written order is effective for six months, unless you renew the notice, in writing for another six months. At our option we may continue stop payment orders beyond these time periods unless cancelled by you. A verbal order is effective for 14 days, unless confirmed in writing within that time. Stop payment orders received after regular banking hours or on a Saturday, Sunday or federal holiday shall be deemed received at the opening of business on the next business day (Monday thru Friday, exclusive of federal holidays). The number and amount must be exactly correct to enable our computer system to match the item to your stop payment order. Stop payment orders must be received at our location where the account is held. If you have pre-authorized us to make payments out of an account, stop payment orders must be received by us at least 3 business days before the payment is scheduled to be made. If you have authorized a series of charges to your account by a particular company and wish to cancel that authorization, you must notify the company in writing that you are canceling the If we pay the check despite your timely stop payment order, the payment will stand unless you show us the check was unenforceable. If we re-credit your account after paying a check over a valid and timely stop payment order you agree to sign a statement describing the dispute with the payee, to transfer to us all of your rights against the payee or other holder of the check; and to assist us in legal action taken against that person. authorization.
16. OFFICIAL BANK CHECKS. If you ask us to stop payment on a lost, destroyed or stolen cashier’s check, teller’s check or certified check on which you are the remitter or the payee or the drawer, we will require you to provide a written declaration of loss describing the item with reasonable certainty. We must be given a reasonable time to act on the declaration before the item is paid. Your claim is not enforceable until the 90th day after we issued or certified the check and until that time we will pay the check to any person entitled to enforce it. Our payment of a check to a person entitled to enforce it discharges us of all liability with respect to the check. Such person may have a claim against you after we have paid you.
17. CUTOFF HOUR FOR CHECKS. Any knowledge, notice, stop payment order or legal process comes too late to modify our right or duty to pay a check or charge your account for the check if received by us after one hour after the opening of the next business day after the business day on which we received the check, or prior to that time if we do not have a reasonable time to act upon the knowledge, notice, stop payment order or legal process.
18. INACTIVE ACCOUNTS. If no deposits or withdrawals are made or if you do not write to us indicating an interest in an account for 5 consecutive years, the account may be presumed abandoned and paid to the State as required by law.
19. LOST CHECKS OR ACCESS DEVICE. You agree to notify us promptly, verbally and in writing, of any suspected loss, theft, disappearance, or unauthorized use of any card, code, check, passbook, receipt or certificate permitting access to or evidencing your accounts. Until receipt of such notice, we shall not be liable for payments made except as otherwise provided by law to any person presenting any of the above described access devices, instruments or documents. We may permit withdrawals by you or issue new evidence of an account on such conditions as we may require. We may require a waiting period or proof by affidavit of the loss, theft, destruction, or unauthorized use. We may also require a bond of indemnity in any amount satisfactory to us against all claims and expenses that we may incur.
20. TRANSFER/ASSIGNMENT RESTRICTIONS. Your accounts are not transferable or assignable without our prior written consent. Notice to us of a claim or interest, including without limitation, a security interest, in an account has not effect upon our rights and duties with respect to the account, and in the absence of our express agreement to the contrary or our receipt of an order of a court or administrative agency of appropriate jurisdiction, we shall not be required to abide by the terms of the notice or any instructions given to us in connection with such a claim or notice.
21. DISCLOSURE OF INFORMATION/LEGAL PROCESS. We may disclose information about your accounts or transactions on your accounts (a) to third parties where it is necessary for completing transfers or tracing transactions, or resolving errors or claims: (b) to verify or disclose the existence, amount or condition of your accounts for third parties, such as credit bureaus, merchants, or other financial institutions; (c) pursuant to court orders and legal process; (d) to comply with subpoenas, summonses, search warrants, or requests from government agencies; (e) to other companies affiliated with us; (f) to others with your consent; and (g) whenever required by law. We may share information bearing on your credit worthiness, credit standing, credit capacity, character general reputation, personal characteristics or mode of living with our affiliates unless you direct us at the address above that such information if unrelated to your transaction or experiences with us may not be shared by us with our affiliates. We shall not be liable to you for honoring garnishments, levies, or other legal process received by or served upon us which, in our opinion, apply or may apply to your accounts. Notice of such disclosure or process will be provided to you only when required by law. Any such process is subject to our security interest and right of set-off. You authorize us to obtain information concerning your credit standing if you establish any account with us that is subject to withdrawal by check, draft, card or similar items, or from which you pre-authorize transfers.
22. CHANGE OF ADDRESS OR NAME AND NOTICE. You agree to advise us promptly, in writing, of any change of address or name. Notice from us to any one of you whether such notice is by mail to the address maintained with us for the accounts or otherwise, shall constitute notice to all persons having any interest in the account. We will retain any mail returned to us as undeliverable for a period of sixty days and may after that time destroy such mail.
23. TAXPAYER IDENTIFICATION NUMBER. You agree to provide us with your Taxpayer Identification Number (TIN) and certify its authenticity before your accounts are opened or provide us with evidence of exemption satisfactory to the IRS. Unless we receive your certified TIN, we reserve the right to refuse to accept your initial deposit, pay interest on the balance, or permit withdrawals. Interest paid prior to receipt of your certified TIN will be subject to back-up withholding under IRS regulations.
24. TERMINATION. We reserve the right to close your accounts, with or without cause at any Time. You are responsible for any fees, charges or penalties and for the amount of any checks which are in process at the time your account is closed. You may at any time close the accounts after we have received notice and have had a reasonable opportunity to act on it.
25. SET-OFF. To the extent not prohibited by law, we have the right to set-off against all or any part of the account balances held in your name either individually or jointly with an another person any debt any of you may owe us (without regard to the frequency or minimum amount limits.) This right applies even if one or more of you with the right of withdrawal is not obligated to us on the debt.
26. DIRECT DEPOSITS. If, in connection with a direct deposit plan, we deposit any amount any amount in an account which should have been returned to the Federal Government or any other person making a direct deposit, for any reason, you authorize us to deduct such amount 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 such amount.
27. WIRE TRANSFERS. If any portion of any wire transfer from or to your account is carried through Fedwire our mutual rights and obligation will be governed by Regulation J of the Federal Reserve Board.
28. GENERAL. All transactions on your accounts shall be subject to applicable Federal and Wisconsin laws and regulations, these rules and any other rules or agreements governing or referring to the accounts, including but not limited to, powers of attorney, payable on death designations, account agreements, debit card rules, signature cards, certificates of deposit, IRA, ROTH and similar agreements, funds availability rules and depository agreements. Your account may be subject to other terms printed on signature cards, account agreements, certificates of deposit or other agreements applicable to your account with us. In cases of inconsistency or conflict between the other rules or agreements and these Rules, the other rules or agreements governing or referring to the accounts will control. Wisconsin laws and regulations, these rules and any other rules or agreements governing or referring to the accounts, including but not limited to, powers of attorney, payable on death designations, account agreements, debit card rules, signature cards, certificates of deposit, IRA, ROTH and similar agreements, funds availability rules and depository agreements. Your account may be subject to other terms printed on signature cards, account agreements, certificates of deposit or other agreements applicable to your account with us. In cases of inconsistency or conflict between the other rules or agreements and these Rules, the other rules or agreements governing or referring to the accounts will control.
29. AMENDMENT. From time to time, we may amend or change interest rates, these Rules, and our fees and service charges. Amendments or changes shall be effective after any of the following: (a) notice of amendment or change is mailed to your current address in our files, or (b) notice of amendment or change is posted in the lobbies of our offices for a reasonable period of time. These terms and conditions will also be changed by the terms of any written supplements, regulations, or agreements given to you at the time of account opening before or after the change, at our option and subject to applicable law. A change in our interest rates, fees or service charges does not constitute an amendment of these Rules.
30. AGREEMENT. When you open an account with us, each of you, by signing the signature card, agrees to be governed by these Rules. These Rules take the place of any other account rules you may have received from us prior to this date. Each of you agrees to hold us harmless for any action of the other concerning the account. Each of you agrees to be jointly and severally liable for fees, charges, overdrafts, and any other debts relating to the account and any account deficit resulting from fees and charges, overdrafts and any other debits relating to the account whether caused by you or another person authorized to with-draw from the account, together with the costs we incur to collect the deficit including, to the extent not prohibited by law, our reasonable attorney’s fees.
31. OTHER PROVISIONS. There are no other provisions.