Effective July 1, 2024
PART I. GENERAL TERMS AND CONDITIONS
A. Definitions
For purposes of this Disclosure, the following definitions apply:
- Automated Clearing House (ACH) is an electronic network for financial transactions in the United States Credits and debits through this network are made to accounts through Electronic Funds Transfer ACH credit transfers include direct deposit payroll and vendor payments ACH direct debit transfers include consumer payments on insurance premiums and mortgage loans.
- Business Day means Monday through Friday, excluding Federal and Credit Union holidays.
- Cashier’s check means any check, which is subject to all of the following:a The check is drawn on a depository institutionb The check is signed by an officer or authorized employee of the depository institution
- The check is a direct obligation of the depository institution 4 Certified check means any check with respect to which a depository institution certifies the following: a The signature on the check is genuine Authorized Parties b The depository institution has set aside funds that are equal to the amount of the check and will be used only to pay that check
- Electronic Funds Transfer (EFT) refers to computer-based systems that are used to perform financial transactions electronically Electronic Funds Transfers (EFTs) are deposits to, withdrawals from, or transfers between accounts, which are not originated by check, draft or similar paper instrument and include transactions sent via Automated Clearing House (ACH), preauthorized transfers, Bill Payment transactions, debit card transactions at a merchant location or other electronic means.
- First endorsed means any check endorsed and being deposited by the first payee.
- Item and Instrument mean a check, negotiable order of withdrawal, warrant or money order
- Official Bank check means any check issued by a depository institution and drawn on another depository institution
- Personal check means any check drawn on the account of a natural person
- Rate Sheet or Fee Schedule refers to the Credit Union-published dividend rates, account requirements and fees This information may be found on the Credit Union website at quorumfcuorg, or may be requested at a Quorum Federal Credit Union Service Center or through the Member Service Team at (800) 874-5544 or (914) 641-3700
- Third party means any check payable to and being deposited by someone other than the first payee
a. In order to join the Credit Union, the primary member must be within the Credit Union’s field of membership as stated in the Bylaws Members will be assigned a Membership Account Number Each individual share account under that membership, starting with a Basic Savings account, will be assigned a Suffix number to identify the unique share account under the membership.
b. To comply with the USA Patriot Act, all financial institutions must obtain, verify, and record information that identifies each person who opens an account This information includes name, residence, date of birth, and tax identification number. A driver’s license or other identifying documents may be required for identification purposes. If this information cannot be verified by the Credit Union’s documentary or non-documentary methods, the membership can be denied and/or closed.
c. To comply with federal law, the member must have a valid, verifiable Tax Identification Number (Social Security or Tax Identification Number) or foreign persons (if eligible) must complete the applicable IRS forms. For additional information on this requirement, refer to Part IA7 General Terms and Conditions, Taxpayer Identification Numbers (TIN) and Backup Withholding.
d. Members must maintain a minimum balance requirement as defined on the Rate Sheet in a Basic Savings account.
e. Members and prospective members authorize the Credit Union to gather consumer reports related to credit, checking account and employment information on them from time to time This will assist, for example, in determining initial and ongoing eligibility for an account Membership is not guaranteed to those within the field of membership. The Credit Union may refuse membership to anyone who has previously perpetrated fraud, manipulated accounts or caused this or any other financial institution a loss.
f. The Credit Union’s delay in enforcing any of the terms and conditions of this Agreement shall not prohibit it from enforcing such terms and conditions at a later date.
g. The Credit Union reserves the right to change any provision of this Agreement Advance written notice of a change will be provided if required by law or regulation The Credit Union also reserves the right to establish, from time to time, rules and regulations concerning any account, which will be available for inspection upon request.
h. The Credit Union will not be responsible in connection with any notices, requests or changes sent concerning an account if such notice, request or change is untimely, not received or not sent pursuant to the requirements of this Agreement or applicable law.
i. The Credit Union has the right pursuant to its statutory lien and can charge against any balance in any accounts, including jointly owned accounts, to include any otherwise statutorily protected funds that may not otherwise be available by legal process to liquidate any Credit Union indebtedness owed by the member or any person listed as a joint owner on the member’s accounts with the Credit Union, including a deceased joint owner The Credit Union may take such action without further notice to the member or any joint owner Consent for the Credit Union to apply funds that have a statutory protection to pay any such indebtedness may be withdrawn by notifying the Credit Union in writing If consent is withdrawn, the Credit Union may in its sole discretion terminate any and all services the member has with the Credit Union.
2) Examination of Statements and Records
Members shall exercise reasonable promptness in examining account statements and promptly notify the Credit Union of any unauthorized transaction including, but not limited to, alteration of an item or an unauthorized signature If there is a failure to uphold these duties, members will be precluded from asserting their unauthorized signature or any alteration if the Credit Union either proves it suffered a loss because of the member’s failure, or pays on another item presented by the same wrongdoer if the payment was made before the Credit Union was properly notified. Notification must be given within sixty (60) days of the statement If the member fails to uphold these duties, but can prove that the Credit Union failed to exercise ordinary care in the payment of the relevant items, the above preclusion will not apply and the loss will be allocated between the Credit Union and the member to the extent their respective actions contributed to the loss.
3) Termination of Account, Service Limitations and Closure of Suffixes
a. The Credit Union may terminate an account at any time, or limit services for any member who has caused a loss to the Credit Union, presents a risk of loss or who is abusive to Credit Union staff or other members.
b. The member may terminate an account at any time as long as there are no pre-existing account obligations.
c. The Credit Union reserves the right to monitor accounts and restrict services and/or close any account(s) suspected/discovered to be manipulated that present a risk of loss to the Credit Union “Manipulation” includes, but is not limited to, kiting and repeated patterns of transactions that have no apparent business reason other than to take advantage of “dividend float.”.
d. If a Basic Savings balance falls below the required minimum balance requirement as defined on the Rate Sheet, the Credit Union may transfer the difference from any other account under that membership In the event that there are no available funds to transfer, the Credit Union reserves the right to close such membership in accordance with its Bylaws.
e. If any other savings account suffix remains inactive with a zero (0) balance for twelve (12) months or longer, the Credit Union may, at its discretion, close the account.
4) Authorized Parties
a The Credit Union may recognize anyone included on the Membership or Joint Owner Application as authorized to transact business on that account Any payment made on that account by the Credit Union in good faith and in reliance on the terms and conditions of this Agreement and the Membership or Joint Owner Application shall be valid and discharge the Credit Union from liability Authorized Parties.
b Ownership for the Basic Savings account and all sub-accounts shall be established and determined by the Credit Union from the most recent Membership or Joint Owner Application or other document(s) in the Credit Union’s possession evidencing such account(s) A different form of ownership may be established by executing additional form(s).
c Owner(s) agree that any and all sums heretofore or hereafter paid into the account shall be subject to withdrawal or receipt of any owner and any such payment shall be valid and discharge the Credit Union from any liability.
d If the Credit Union receives notice from any owner that withdrawals, in accordance with the terms of the account, should not be permitted, it may refuse, without liability, to pay any sums on deposit pending determination of the rights of the owners Further, if there is more than one (1) owner and there is a conflict among them, the Credit Union may require consent from all owners Such consent notice(s) shall become effective only upon receipt and after the Credit Union has had a reasonable opportunity to act thereon.
5) Changes in Personal Information
Members are required to notify the Credit Union promptly of any change of address or other contact information by telephone at (800) 874-5544 or (914) 641-3700, in writing or by updating their contact information directly through online banking Any account for which mail is returned to the Credit Union due to an invalid address, may be charged a fee (refer to the Credit Union Fee Schedule)The Credit Union is not obligated to forward any mail based upon a forwarding address request with the United States Postal Service.
6) Transactions and Account Documentation
a. The Credit Union reserves the right to validate or confirm requests received via phone, mail, fax or e-mail The Credit Union will not be held responsible for any request that is not received or is unable to be processed due to lack of sufficient information or member validation.
b. The Credit Union may endorse items or checks payable to it that are received for deposit to an account.
c. The Credit Union may refuse a check deposit if there are grounds for reasonable belief that the funds will not be paid.
d. The Credit Union will not be responsible for any damages incurred in the event an item is deposited and subsequently returned unpaid by the paying bank and that return is “late” due to markings on the back of the check caused by the endorser.
e. An account may be considered dormant if there was no member-initiated monetary activity or sufficient contact for at least one year Unless prohibited by applicable law, a monthly fee will be charged to the membership as set forth in the Credit Union Rate Sheet If a deposit or withdrawal has not been made on the account and we have had no other sufficient contact with the member, for example, no validated phone requests or confirmed online banking logins, within the period specified by state law, the account will be presumed to be abandoned Funds in abandoned accounts will be reported and remitted in accordance with state law.
f. The Credit Union has the responsibility to remit inactive account balances based upon the state’s “Abandoned Property Laws” State laws will vary New York State law generally requires that inactive account balances must be turned over to the state after a period of three (3) years Quorum has no further liability to the member for funds turned over to the state To reclaim such funds, the member must apply to the appropriate state agency.
g. The Credit Union may, but is not obligated to, transfer funds from a savings account or loan account by request No transfer will be made unless there are sufficient available funds on deposit or sufficient credit available at the time of transfer Any such transfer(s) shall be processed only on Credit Union “Business Days”.
h. To comply with Federal law, the Credit Union will report certain domestic currency transactions and foreign transactions This reporting applies to all accounts at the Credit Union.
i. To comply with Federal law, the Credit Union agrees to retain, and furnish, if requested, copies of certain records pertaining to an account and that these records will be available for the time frame required by law Fees are applicable for these copies (refer to the Credit Union Fee Schedule) j In the event that a Cashier’s check is lost or stolen, a written Declaration of Loss must be executed and delivered Members agree to indemnify the Credit Union for any claim, loss or costs arising from attempts to honor, or honoring of, the Declaration The Declaration of Loss is not enforceable until the later of the time the claim is asserted, or the 90th day following the date of the Cashier’s check, or the 90th day following the date of acceptance of the Certified check.
k. The Credit Union’s Bylaws (Article III, Section 5(a)) authorize the Board of Directors to request the member give up to sixty (60) days written notice of intention to withdraw funds from any account except checking accounts.
l. All accounts (except checking accounts) are not transferable except as defined in Federal Reserve Board, Regulation D, Reserve Requirements of Depository Institutions Except as specifically provided, the depositor is permitted or authorized to make no more than six (6) transfers and withdrawals, or a combination of such transfers and withdrawals, per calendar month from any savings account Refer to Part II Terms and Conditions of Accounts, Savings Accounts for further information.
7) Taxpayer Identification Numbers (TIN) and Backup Withholding
a. What is backup withholding? Persons making certain payments are required to withhold and pay to the Internal Revenue Service (IRS) a percentage of such payments under certain conditions This is called “backup withholding” Payments that could be subject to backup withholding include: interest, dividends, broker and barter exchange transactions, rents, royalties, non-employee compensation, and certain payments from fishing boat operators, but do not include real estate transactions.
b. Failure to furnish a correct Taxpayer Identification Number (TIN) or meet other applicable requirements may result in backup withholding as well as civil or criminal penalties If a member refuses to provide a TIN, the Credit Union may suspend opening of the account.
c. How do I avoid backup withholding? If a correct TIN is given, the appropriate certifications are made, all taxable dividends are reported on a tax return, and all other requirements are met, payments should generally not be subject to backup withholding.
d. If an account is or becomes subject to backup withholding, the Credit Union is required by law to withhold and pay to the IRS a required percentage of payments of interest, dividends and certain other payments under certain conditions.
8) Security of Account Information
Refer to Part V, Privacy Notice.
C. INDIVIDUAL AND JOINT ACCOUNTS
- If there is more than one owner, all agree with each other and with the Credit Union that all funds shall be owned by all account owner(s) jointly regardless of their net contributions with a right of survivorship and shall be subject to withdrawal or receipt by any of the account owner(s) Any such payment shall be valid and shall discharge the Credit Union from any liability
- The Credit Union is not obligated to inquire as to the source of funds received for deposit to a joint account or to inquire as to the proposed use of any funds withdrawn from the account for the purpose of establishing net contributions
- No transfer of voting rights or other membership privileges are permitted by virtue of a transfer of savings between owners
- Joint ownership of an account does not constitute Credit Union membership Joint owners may be non-members Joint owners may apply for membership under their own TIN provided they are within the field of membership
- Any or all of the available funds on deposit in a Savings or Term Savings account may be pledged, as collateral security for any loan(s), subject to the Credit Union’s policies and procedures
- A right of survivorship arising from the express terms of a joint account cannot be changed by a will
- The actions of one account holder bind all other account holders Primary and joint owners are equally responsible for any debt or loss incurred by the Credit Union Collection attempts, should they be necessary, may be made against any owner, including reasonable legal fees if action is commenced for collection
- No one but a primary account holder can close an account or make changes to account records, including changing the primary member’s address or personal identifying information Additionally, only the primary account holder can change the security settings for an account including a Personal Identification Number (PIN) or password
- With the exception of when the joint owner is deceased, joint owners can be removed from savings account suffixes by submitting a Membership Change Form Checking account suffixes must be closed
- For Totten Trust Accounts, the trustee(s) declare(s) that the account is, and any and all sums credited to such account are and shall be, held by a member (as joint tenants and equally, regardless of net contributions with right of survivorship if there is more than one trustee), in trust for the Beneficiary(ies) named on the Membership Application or other approved Credit Union documentation The trustee reserves the right to: (1) have dividends declared on said account paid; and (2) revoke such trust in whole or in part, at any time or times by executing and delivering a request for withdrawal or pledge of funds of the whole or part of such account, and such trust shall be revoked as to the whole or part to which such request relates
- In the event of death or, if the account is held by more than one person, the death of the survivor, then and only then, the Credit Union shall pay such account balance(s) to the Beneficiary if then living (if more than one Beneficiary is designated then equally to those Beneficiaries living at the date of death or the death of survivor(s)); but if no Beneficiary is living at the date of death or the death of survivor(s), the Credit Union shall pay such account balance(s) to the estate of the survivor(s) There is no right of survivorship between beneficiaries 3 Any or all of the available savings on deposit in the account may be pledged as collateral security to any loan(s) subject to the Credit Union’s policies and procedures
- The transferor/custodian may open an account as custodian for the minor named on the Application Form under the New York Uniform Transfer to Minors Act (UTMA) pursuant to the Credit Union’s policies and procedures The transferor/custodian must be a member of the Credit Union and the minor must be eligible for membership The transfer of money to the minor named on the Custodial Account application, which transfer shall be deemed to include all dividends and any future additions thereto, is irrevocable and is made in accordance with and to include all provisions of the law now in effect or hereinafter amended
- Any of the savings on deposit in the account cannot be pledged as collateral security for any loan(s)
- The successor custodian named on the Application Form shall serve if the primary custodian should be unable to act as custodian because he/she resigns, dies or becomes legally incapacitated
- Only one person can act as custodian on all suffixes that are listed under the same account number
- Only the custodian can close and/or transfer funds out of this account until the minor reaches the age of majority
- Once a minor reaches the age of majority under NY UTMA (21 unless otherwise requested in accordance with Credit Union procedures), the minor is legally entitled to the balance in a UTMA account The account will be converted to an individual account, with ownership transferred to the Minor within 30 days of reaching the age of maturity At this point the account will no longer have a Custodian assigned to it If the primary owner (former Minor) would like to set up joint ownership on the newly converted account, they must complete the Joint Owner Application
- 1 A fiduciary on a fiduciary account may not pledge any of the savings on deposit in the account as collateral security for any loan(s)
- If the account is blocked, written receipt must be filed with the court including an agreement with the Credit Union that the money in the account, including any earnings thereon, shall not be withdrawn except upon court order
- All cash and the following first endorsed checks that are made in person to a Credit Union employee: Cashier’s checks, Certified checks, Sponsor-related Corporation Payroll checks, Federal, State, and Local Government checks, Official Bank checks, Postal Money Orders, Traveler’s Cheques and checks drawn on the Credit Union are available on the day of deposit
- All wire transfers and other items deposited by Electronic Funds Transfer (such as direct deposit and ACH origination) are available on the day of deposit
- Checks drawn on the Credit Union that are not deposited in person will generally be available by the second business day
- For Deposits made using Quorum’s Online and Mobile Banking External Transfers service, all funds will be held until the fifth Business Day after the day of deposit
- For all other deposits, all funds will be held until the fifth Business Day after the day of deposit
- Special Rules For Foreign Items/Collection Items:
- Individual Retirement Account (IRA):
- The Credit Union may pay and charge to an applicable account items drawn by and payable to any persons or organizations that were authorized by providing the magnetic-ink character recognition (MICR) number and account information verbally or otherwise provided there are sufficient and collected funds in the account to pay such items The Credit Union’s rights with respect to such items shall be the same as if it were an item drawn and signed by the member
- The Credit Union may transfer funds from other Credit Union accounts to pay items A fee will be assessed as set forth on the Credit Union Fee Schedule
- The Credit Union may pay and charge to an applicable account an electronic check conversion (ECK), which is a one-time electronic transfer from a member’s account initiated by a check or draft where it is used as a source of information The Credit Union’s rights with respect to such items shall be the same as if it were an item drawn and signed by the member
- The Credit Union may process and accept checks according to the Check Clearing for the 21st Century Act (Check 21) This law allows the recipient of a paper check to create a digital version, thereby eliminating the need for further handling of the physical document For further information refer to Part II, Terms and Conditions of Accounts, Substitute Check Disclosure
- If the Credit Union has made a good faith payment to a holder, the Credit Union may charge the member’s account according to the original terms of the check or Automated Clearing House (ACH) entry
- Authorized account holders may place a Stop Payment of any check (except certified and Cashier’s checks as described in Part I Terms and Conditions Applicable to Ownership, Transactions and Account Documentation) payable against that account, provided such order is timely and affords the Credit Union a reasonable opportunity to place the Stop Payment order on its system prior to the check clearing the account There is a fee associated with Stop Payments (refer to the Credit Union Fee Schedule) If a Stop Payment order is placed on a check number that includes the dollar amount of the transaction, the Credit Union will also place an Electronic Funds Transfer (ACH) Stop Payment order for the same dollar amount in case the check is presented through Electronic Funds Transfer There is no fee for an ACH Stop Payment under this circumstance The Credit Union will mail or e-mail a confirmation notice of the Stop Payment If there are any questions regarding the Stop Payment or to remove the Stop Payment request, contact the Credit Union immediately by calling (800) 874-5544 or (914) 641-3700 If there are insufficient funds to cover the Stop Payment fee, the account balance will be brought negative
- If the Credit Union does not properly complete a Stop Payment on time according to our agreement with you, the Credit Union may be liable for your losses or damages However, there are some exceptions The Credit Union will not be liable, for instance:
- If you provide less than three (3) business days for an ACH Stop Payment order prior to the transaction effective date
- If the date of the Stop Payment order is greater than six (6) months before presentation of the item for payment, unless the Stop Payment order has been renewed
- If the information provided to the Credit Union to process the Stop Payment order is incorrect
- If circumstances beyond the Credit Union’s control prevent the transfer, despite reasonable precautions taken
- There may be other exceptions stated in our agreement with you
- The Credit Union may without liability accept, pay, guarantee or charge items to an account in any order. In the event an item is returned in error, liability shall be limited to the amount of the check In the event of a returned check or other debit on an account, the Credit Union’s determination of whether sufficient funds exist in the account may be made at any time between the time the check is received and the time it is returned
- In the event an item is presented on a checking account and is delayed or misrouted due to markings placed on the check by the member or endorser, the member will hold the Credit Union harmless and indemnify it from any liability
- Member agrees that overdrafts, if paid in excess of funds in any loan or savings account, are payable on demand If overdrafts are to be covered by a transfer of funds from any of the member’s other Credit Union accounts, such transfer(s) will generally be made only if there are sufficient funds on deposit at the time of transfer The member understands that for each overdraft or transfer, the accounts will be assessed a fee as set forth in the Credit Union Fee Schedule
- Funds in a checking account may not be pledged as collateral security for any loan(s)
- The Credit Union must be notified immediately if checks are lost or stolen
- As a convenience, the Credit Union may submit the initial order and reorders for personalized checks to a check vendor The check vendor will mail the checks either directly to the member and the cost of the delivered checks ordered, plus applicable sales tax and delivery charges, will be charged to the corresponding checking account
- The Credit Union is not responsible for any delays or errors in processing a check order due to the quality of the checks or the MICR encoding that appears on the checks
- This is a truncated checking account Checks are provided with carbonless copies, and are not returned with statements Check copies are available through Online Banking free of charge or mailed to you by request for a fee (refer to the Credit Union Fee Schedule) If the checks were not ordered through the Credit Union’s check vendor, the Credit Union is not responsible for the quality of any check copy received
- The Credit Union may charge against an account a postdated check at the time it is presented for payment or deposit
- Any checking account can be closed without prior notice for insufficient funds (NSF) activity, maintaining a negative balance or any reason In addition, account activity can be reported to a consumer reporting agency
- All signors must be sixteen (16) years of age to maintain any checking account Signors below the age of majority (18) must have a joint owner on the account that is at least the age of majority (18)
- A substitute check is the legal equivalent of an original check and the consumer recredit rights apply when a consumer in good faith believes that a substitute check was not properly charged to their account
- Joint owners may not be removed from Checking account suffixes Checking account suffixes must be closed
- Minimum Direct Deposit or Minimum Average Daily Balance*
- eStatements
- Direct Deposit
- eStatements
- Monthly direct deposits with a total aggregate balance of $500
- eStatements
- Minimum total Direct Deposit of $500
- Ten (10) or more debit card purchases that post and settle per statement period. Please note that not all transactions are posted the same day they are conducted. ATM transactions and deposits/credits do not count toward the debit card transaction qualification.
- In order to open a Business Account, a Business Account Application, Business Account Agreement Form, and W-9 form must be completed
- Any signors listed on the documents will be considered signors of the entire account with equal rights to withdrawals and deposits
- A completed “Resolution Form to Change Person(s) Authorized on Business Accounts” is required for all requests for changes to signors
- There can be transfers or other activity between this account and any other Credit Union deposit accounts, subject to Credit Union rules and requirements
- All persons authorized on the account must be at least eighteen (18) years of age to maintain a Business Account
- There can be no Checking Reserve Overdraft Line-of-Credit attached to this type of account
- Each month the account will be assessed a maintenance fee as set forth in the Credit Union Fee Schedule
- Members without direct deposit may have up to a $500 limit.
- Members with direct deposit may have up to a $1,000 limit.
- Members with an aggregate balance of $2,500 or more may have up to a $1,000 limit.
In the event that the Credit Union elects to extend Courtesy Pay, the account must be brought back to a positive balance, (i.e., greater than zero (0)), within thirty-two (32) calendar days. Failure to do so will affect future Courtesy Pay privileges and could result in account closure. The Credit Union has the right pursuant to its statutory lien and can charge against any balance in any accounts, to recover funds paid through this service. For further information, refer to Part I. Terms and Conditions Applicable to Ownership, Membership Requirements and Terms of Agreement. The Credit Union is not obligated to pay any item presented for payment if the account does not contain sufficient collected funds. However, the Credit Union may pay such an item as a non- contractual courtesy if the account is maintained in good standing, which is at the Credit Union’s discretion and may include such things as:
- Making regular deposits sufficient to cover transactions;
- Bringing the account to a positive balance at least once every thirty-two (32) days or less;
- Not causing the Credit Union a loss;
- Not having any delinquent obligations;
- No legal orders, garnishments, executions, levies, or information subpoenas including bankruptcy notices;
- Not engaging in suspicious or abusive activity; and,
- Maintaining a minimum balance requirement as defined on the Rate Sheet in the Basic Savings account.
- 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: identifying information, such as the check number, the name of the person to whom you wrote the check, the amount of the check
- Terms and Conditions Members agree:
- If, through no fault of Quorum, the account does not contain enough money to make the transfer
- If the transfer exceeds the credit line of the Checking Reserve Overdraft Line-of-Credit or exceeds amounts discretionarily paid under Courtesy Pay
- If the transaction is prevented by the policies, rules or limitations imposed by Quorum, from time to time, such as minimum deposit requirements or verification and collection of deposits
- If a non-proprietary ATM or POS terminal was not working properly or did not have enough cash
- If, due to circumstances beyond Quorum’s control, the transfer is prevented, despite reasonable precautions taken
- Disclosure of Account Information to Third Parties Quorum will disclose information to third parties about accounts or transactions:
- Error Resolution
- These debits comply with the Financial Institution’s agreement, which may have additional and/or different transaction limits beyond the control of the Credit Union.
- There are sufficient funds in the account at the other Financial Institution