Truist Banking Agreement
Truist Banking Agreement
Services
Agreement
TABLE OF CONTENTS
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A. LEGAL AGREEMENT
This Commercial Bank Services Agreement (“Agreement”), contains the terms and conditions that govern the
relationship between Truist Bank, (the “Bank,” “we” or “us”) and its clients (the “Depositor,” “you,” “your,” or
“Organization,”). When you open an account you are agreeing to the terms of this Agreement. An account is deemed
“open” when account documentation has been properly completed and accepted by the Bank and the account
opening deposit has been accepted by the Bank. The terms of this Agreement will continue to govern your account
and relationship with the Bank even after your account is closed. The terms of this Agreement and our fees or banking
services may be changed from time to time by the Bank. When the laws governing your account require the Bank to
provide you written advance notification of a change to the Agreement, the Bank will provide such notice by written
or electronic notice to you. The notice may be included on your account statement. The notice may explain what
change has occurred and instruct you to obtain a current version of the Agreement at your local branch or online at our
website, www.Truist.com. Unless otherwise prohibited or required by applicable law or regulation, the Bank may
change from time to time other provisions of this Agreement with or without notice. Continuing to maintain your
account following a notice constitutes your acceptance of our changes. This Agreement cannot be changed or
modified by you. Upon the effective date of a change by the Bank, the current revised version of the Agreement will
govern your account, regardless of whether you obtained a copy from your branch or online. If your account was
originally with a prior financial institution, the terms of this Agreement supersede any prior agreements,
representations or understandings you may have had with that institution. If a language preference is requested, we
may provide a translated version of our materials and documents. The English version of such documents shall be the
governing documents for all purposes.
Applicability. By signing the Resolution for Deposit Account, account signature card or conducting transactions on your
account, you have agreed to the terms of this Agreement which applies to all business accounts that you have with the
Bank or may have in the future. You agree that you will not use your account for any personal, family or household
purposes. This Agreement is for the benefit of, and may be enforced only by, you and the Bank and their respective
successors and permitted transferees and assignees, and is not for the benefit of, and may not be enforced by, any third
party. The Bank shall have no liability for its failure to perform any service as a result of computer or electronic
interruptions or for the errors, acts or failures to act by others.
You acknowledge and agree that the relationship between you and the Bank created by the opening of an account is
of debtor and creditor and that the Bank is not in any way acting as a fiduciary for you or for your benefit and that no
special relationship exists between you and the Bank.
Fees. You agree to pay the Bank for all services provided in connection with your account(s) in accordance with the
Bank’s current schedule of maintenance fees, activity charges, and minimum and/or average balance requirements
which are contained in a separate document called the “Business Deposit Accounts Fee Schedule.” The Bank may
change its maintenance fees, activity charges, and minimum and/or average balance requirements from time to time
and will provide you notice of any change. The terms of the Business Deposit Accounts Fee Schedule, as they may be
amended from time to time, are incorporated herein by reference. For the fees associated with the account or services
utilized on the account, that are billed through Account Analysis, charges will be that amount recorded by the Bank’s
Account Analysis System. Treasury management or other services may incur additional fees that are also charged
through Account Analysis in the manner and amount as agreed by separate agreement. Account Analysis charges are
billed for the prior month’s activity.
Earnings Credit Rate (ECR). ECR is applied to certain deposit accounts and can be used to lower or eliminate certain
deposit and treasury management fees. ECR is a variable rate and may change any time at the Bank’s discretion, and
may be a rate of zero. The earnings credit on all applicable accounts is calculated by applying a monthly periodic rate
to the monthly average positive available balance in the account each month as follows: monthly average positive
available balance x ECR / days in the year x days in the month. Unless otherwise agreed upon, earnings credit is
applied to your account on a monthly basis, and unused earnings credit during a month cannot be used in following
months. If the earnings credit for a given month is less than the total of service charges, then the applicable fees will
be assessed to the account. For purposes of this paragraph, the term “average positive available balance” means the
average account balance for the statement cycle less the average amount of each day’s deposit that is in the process
of collection.
Waiver. No term of this Agreement shall be deemed waived unless the waiver shall be in writing and signed by an
authorized officer of the Bank. Any failure by the Bank to insist upon your strict performance of any of the terms of this
Agreement shall not be deemed or construed as a waiver of these or any other terms. Neither party shall, by mere lapse
of time, be deemed to have waived any breach by the other party of any terms or provisions of this Agreement. The
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waiver by either party of any breach shall not affect the right of the Bank to enforce any of its rights with respect to other
customers or to enforce any of its rights with respect to later transactions with you and is not sufficient to modify the
terms and conditions of this Agreement.
Severability. If any provision, or a portion thereof, of this Agreement or its application to any party or circumstance
shall be declared void, illegal, or unenforceable, the remainder of the provision and the Agreement shall be valid and
enforceable to the extent permitted by law.
READ THIS PROVISION CAREFULLY BECAUSE IT HAS A SUBSTANTIAL IMPACT ON HOW DISPUTES AND
CLAIMS YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED.
For any Claim subject to arbitration, neither You nor we will have the right to: (1) have a court or a jury
decide the Claim; (2) engage in information-gathering (discovery) to the same extent as in court; (3)
participate in a class action in court or in arbitration; or (4) join or consolidate a Claim with claims of any
other person. The right to appeal is more limited in arbitration than in court and other rights in court may
be unavailable or limited in arbitration. Unless You choose to opt out of mutual arbitration in the manner
and time specified below, You and we mutually agree that, if either party demands arbitration, the Parties
will resolve any and all disputes between them exclusively through final, binding, and individual
arbitration under the terms of this Mutual Arbitration Agreement, including its pre-arbitration dispute
resolution process, instead of filing or proceeding with a lawsuit in court (except as otherwise provided
below). However, this Mutual Arbitration Agreement does not cover disputes that, as a matter of law, may
not be subject to pre-dispute arbitration agreements.
Requirement to Arbitrate. Upon the demand of You or us, any Claim(s) will be resolved by individual (as opposed to
class, consolidated, collective, or representative) binding arbitration under the terms specified in this Mutual Arbitration
Agreement. A “Claim” subject to arbitration is any claim, cause of action, dispute, or controversy between You and us
(other than an Excluded Claim or Proceeding as defined below), whether preexisting, present, or future, which arises
out of or relates to the Account, this Commercial Bank Services Agreement, any transaction conducted with us in
connection with the Account or this Commercial Bank Services Agreement, or any aspect of our relationship. “Claim”
has the broadest possible meaning and includes initial claims, counterclaims, cross-claims, third-party claims, and
federal, state, local, and administrative claims. It includes disputes based in contract, tort, consumer rights, fraud, and
other intentional torts, a state or the federal Constitution, statute, regulation, ordinance, common law, and equity, and
includes claims for money damages and injunctive or declaratory relief. “Claim” also includes disputes concerning the
use or disclosure of information about You or us, as well as disputes concerning communications involving telephones,
cell phones, automatic dialing systems, artificial or prerecorded voice messages, text messages, emails, or facsimile
machines, such as alleged violations of the Telephone Consumer Protection Act and other statutes or regulations
involving telemarketing.
Special Definition of “We,” “Us,” “Our,” and “Parties.” Solely for purposes of this Mutual Arbitration Agreement,
the terms “Truist,” “we,” “us,” “our,” and “Parties,” in addition to the meanings set forth in this Commercial Bank
Services Agreement, also refer to Truist Bank and its employees, agents, officers, directors, parents, controlling
persons, subsidiaries, affiliates, predecessors, successors, and assigns. The “Parties” refers to both You and Truist.
“We,” “us,” “our,” and “Parties” also apply to third parties if You or Truist assert a Claim against such third parties in
connection with a Claim You assert against us or Truist asserts against You.
Excluded Claims and Proceedings. Notwithstanding the foregoing, “Claim” does not include any individual action
brought by You or us in small claims court or Your state’s equivalent court, unless such action is transferred, removed,
or appealed to a different court or the matter is not brought on an individual basis (i.e., a class, consolidated,
collective, or representative basis). In addition, nothing in this Mutual Arbitration Agreement prevents You or us from
exercising of any self-help rights, including set-off as described in the Commercial Bank Services Agreement section
titled “Right of Setoff.” Any individual action in court by You or us that is limited to preventing the other party from
using a self-help remedy and that does not involve a request for damages or monetary relief of any kind does not
constitute a “Claim” that must be arbitrated. The institution and/or maintenance of any such right, action, or litigation
shall not constitute a waiver of the right of either of the Parties to compel arbitration regarding any other dispute
subject to arbitration pursuant to this Mutual Arbitration Agreement. Moreover, the term “Claim” also does not include
any disagreement over the arbitrability of a dispute, whether a dispute can or must be arbitrated, or whether this
Mutual Arbitration Agreement or any aspect thereof is unenforceable, or any dispute regarding the provisions labeled
“Pre-Arbitration Dispute Resolution” or “Class, Consolidated, Collective, and/or Representative Action Waiver,” including
whether they are unenforceable or have been breached; such disputes or issues must be decided only by a court of
competent jurisdiction and not by an arbitrator or arbitration administrator.
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Federal Arbitration Act. Notwithstanding any choice of law or other provision in this Commercial Bank Services
Agreement, the Parties agree and acknowledge that this agreement evidences a transaction involving interstate
commerce and that the Federal Arbitration Act (Title 9 of the United States Code) (“FAA”) shall govern its interpretation
and enforcement and proceedings pursuant thereto. The Parties expressly agree that this Mutual Arbitration Agreement
shall be governed by the FAA even in the event You and/or Truist are otherwise exempted from the FAA. If for
whatever reason the rules and procedures of the FAA cannot apply, the state law governing arbitration agreements in
the state in which You reside shall apply.
Class, Consolidated, Collective, and/or Representative Action Waiver. The Parties mutually agree that if
You or we elect to arbitrate a Claim, such Claim will be resolved in individual arbitration. The Parties
further agree that, to the maximum extent allowable by law, they waive the right to have any Claim
brought, heard, administered, resolved, or arbitrated as a class, consolidated, collective, or representative
action, and an arbitrator shall not have any authority to hear or arbitrate any class, consolidated,
collective, and/or representative action, or to award relief to or for the benefit of anyone but the individual
Parties in arbitration. The Parties also waive the right to bring any claims for public injunctive relief or other non-
individualized injunctive relief. This Class, Consolidated, Collective, and/or Representative Action Waiver does not
prevent You or Truist from participating in a settlement of claims on a class-wide, consolidated, collective, or
representative basis, to the extent You or we do not exercise a right to opt out of such settlement. If, after exhaustion
of all appeals, any of these prohibitions on class, consolidated, collective, or representative claims or public or non-
individualized injunctive relief is found to be unenforceable with respect to a particular claim or with respect to a
particular request for relief (such as a request for injunctive relief), then the Parties agree that such a claim or request
for relief shall be decided by a court after all other claims and requests for relief are arbitrated.
Arbitration Procedures.
a) Pre-Arbitration Dispute Resolution: The Parties agree that good faith informal efforts to resolve a dispute
often can result in a prompt, low-cost, and mutually beneficial outcome. As a result, before commencing arbitration,
the Parties must engage in a good faith effort to resolve any Claim covered by this Mutual Arbitration Agreement by
providing a written notice of dispute and participating in an informal dispute resolution conference. The party who
wishes to assert a Claim must first give notice to the other party in writing of the intent to initiate arbitration (“Notice of
Pre-Arbitration Dispute”). A Notice of Pre-Arbitration Dispute must contain the claimant’s name, telephone number,
mailing address, and e-mail address, the Account number of any Account at issue, a factual description of the nature
and basis of the dispute, including the basis and amount of any claimed damages, the amount that the claimant is
seeking for resolution of the dispute, and the original personal signature of the party (a digital, electronic, copied, or
facsimile signature is not sufficient) and, if the claimant is represented by counsel, a signed statement authorizing the
other party to share information about the Account and the Claim with such counsel. After the Notice of Pre-Arbitration
Dispute is provided, the Parties will engage in an informal dispute resolution conference by telephone or
videoconference to discuss the Claim and see if a resolution can be reached. If either party is represented by counsel,
that party's counsel may participate in the conference, but both You and a Truist representative must personally
participate in the conference unless You and we agree otherwise in writing. For the protection of Your confidential
Account information, multiple customers cannot participate in the same informal dispute resolution conference unless
mutually agreed to by all Parties. The informal dispute resolution conference shall occur within sixty (60) days of
receipt of the Notice of Pre-Arbitration Dispute, unless an extension is mutually agreed to by the Parties. The Parties
shall negotiate in good faith to select a mutually agreeable time. Nothing in this Mutual Arbitration Agreement shall
prohibit the Parties from engaging in informal communications to resolve the initiating party’s Claim at any time,
including before the informal dispute resolution conference. Engaging in an informal dispute resolution conference is a
requirement that must be fulfilled before commencing arbitration. The Parties agree that the statute of limitations shall
be tolled between the period when a fully complete Notice of Pre-Arbitration Dispute Resolution is received and the
completion of the informal dispute resolution conference. If You are initiating the Claim, the Notice of Pre-Arbitration
Dispute must be clearly marked “Notice of Pre-Arbitration Dispute” and delivered to Truist Bank Legal Department,
Attn: Notice of Pre-Arbitration Dispute, Mail Code 306-40-01-15, 1001 Semmes Avenue, Richmond, VA 23224. If we
are initiating the Claim, we will send the Notice of Pre-Arbitration Dispute to the most recent address for You in our
files. If any offers of settlement are discussed by the Parties, such information about the proposed settlement will not
be disclosed in the arbitration. The Pre-Arbitration Dispute Resolution and informal dispute resolution conference
requirements are essential in order to give the Parties a meaningful chance to resolve Claims informally. If any aspect
of these requirements has not been met, the Parties agree that a court can enjoin the filing or prosecution of an
arbitration, and, unless prohibited by law, no arbitration provider shall either accept or administer the arbitration or
assess fees in connection with such an arbitration.
b) After completion of the informal dispute resolution conference, if the Claim remains unresolved, either You or
Truist may initiate arbitration by submitting a demand for arbitration to the arbitration administrator. The demand
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must include (1) the name, telephone number, mailing address, and e-mail address of the party seeking arbitration;
(2) the Account number of any Account at issue; (3) a statement of the legal claims being asserted and the factual
basis of those claims; (4) a description of the remedy sought and an accurate, good-faith calculation of the amount in
controversy, enumerated in United States Dollars (any request for injunctive relief or attorneys’ fees shall not count
toward the calculation of the amount in controversy unless such injunctive relief seeks the payment of money); (5) the
original personal signature of the party seeking arbitration (a digital, electronic, copied, or facsimile signature is not
sufficient); and (6) the party’s portion of the applicable filing fee. The party initiating arbitration must serve the
demand on the other party via certified mail, return receipt requested, or hand delivery. If the party seeking arbitration
is represented by counsel, counsel must also provide an original personal signature on the demand for arbitration (a
digital, electronic, copied, or facsimile signature is not sufficient). Counsel must also provide a certification that, to the
best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, (1)
the demand for arbitration is not being presented for any improper purpose, such as to harass, cause unnecessary
delay, or needlessly increase the cost of dispute resolution; (2) the claims and other legal contentions are warranted by
existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new
law; and (3) the factual contentions have evidentiary support, or if specifically so identified, will likely have evidentiary
support after a reasonable opportunity for further investigation or discovery. Any demand for arbitration by You must
be delivered to Truist Bank Legal Department, Attn: Arbitration Election, Mail Code 306-40-01-15, 1001 Semmes
Avenue, Richmond, VA 23224, and any demand for arbitration by us must be sent to the most recent address for You
in our files.
c) If a party files a lawsuit in court asserting any Claim(s) that are subject to arbitration and the other party
demands arbitration or files a motion to compel arbitration with the court which is granted, it will be the responsibility
of the party bringing the Claim(s) to follow the pre-arbitration dispute resolution procedures and – if the dispute is not
resolved - to commence the arbitration proceeding with an arbitration administrator in accordance with this Mutual
Arbitration Agreement and the administrator’s rules and procedures. Nothing in that litigation shall constitute a waiver
of any rights under this Mutual Arbitration Agreement.
d) The arbitration will be administered by JAMS, 18881 Von Karman Ave., Suite 350, Irvine, CA 92612,
www.jamsadr.com, 800-352-5267. The rules and forms of JAMS may be obtained by writing to JAMS at the address
listed above or visiting their website. If JAMS cannot or will not administer the arbitration in accordance with this
Mutual Arbitration Agreement, the Parties may agree upon another administrator, or if they are unable to agree, a
court shall determine the administrator. No company may serve as administrator if it fails to abide by the terms of this
Mutual Arbitration Agreement unless all Parties otherwise consent. The arbitration will proceed in accordance with this
Mutual Arbitration Agreement and the administrator’s rules and procedures in effect at the time of commencement of
the arbitration, including any streamlined or expedited arbitration rules and any mass arbitration procedures such as
the JAMS Mass Arbitration Procedures and Guidelines, but in the event of a conflict between the two, the provisions of
this Mutual Arbitration Agreement shall supersede any and all conflicting arbitration administrator’s rules or procedures.
To the extent there is a dispute over which arbitration provider shall administer the arbitration, only a court (and not
an arbitrator or arbitration administrator) can resolve that dispute, and the arbitration shall be stayed until the court
resolves that dispute.
e) In addition to all other requirements in this Mutual Arbitration Agreement, the following provisions shall apply
to all arbitrations between the Parties: (1) Truist and You shall equally share filing fees and other similar and usual
administrative costs unless otherwise provided by the rules of the administrator; (2) both Parties agree not to oppose
or interfere with any negotiations or agreements between the other Party and the arbitration administrator relating to a
party’s portion of the fees. The arbitrator, however, may disallow any private agreement between an administrator, on
the one hand, and the negotiating party, on the other hand, if the arbitrator believes that the private agreement
undermines his or her neutrality as arbitrator; (3) the arbitrator may issue orders (including subpoenas to third parties)
allowing the Parties to conduct discovery sufficient to allow each party to prepare that party’s claims and/or defenses,
taking into consideration that arbitration is designed to be a speedy and efficient method for resolving disputes; (4)
except as provided in the Class, Consolidated, Collective, and/or Representative Action Waiver, the arbitrator may
award all remedies to which a party is entitled under applicable law and which would otherwise be available in a court
of law under the circumstances (including statutory awards of attorneys’ and expert witness fees and punitive
damages) but shall not be empowered to award any remedies that would not have been available in a court of law for
the claims presented in arbitration. The arbitrator shall apply state or federal substantive law, or both, as is applicable;
(5) the arbitrator may hear motions to dismiss and/or motions for summary judgment; (6) the arbitrator’s decision or
award shall be in writing with findings of fact and conclusions of law; (7) any finding that a claim or counterclaim
violates the standards set forth in Federal Rule of Civil Procedure 11 shall entitle the other party to recover attorneys’
fees, costs, and expenses associated with defending against the claim or counterclaim; (8) either Truist or You may
apply to a court of competent jurisdiction for temporary or preliminary injunctive relief on the ground that without such
relief the arbitration may be rendered ineffectual; (9) under no circumstances is an arbitrator or court bound by
decisions reached in separate arbitrations involving different parties; (10) the arbitrator shall honor all evidentiary
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privileges recognized by applicable law, including the attorney-client privilege and attorney work product doctrine; and
(11) if at any time the arbitrator or arbitration administrator fails to enforce the terms of this Mutual Arbitration
Agreement, either party may seek to enjoin the arbitration proceeding in a court of competent jurisdiction, and the
arbitration shall automatically be stayed pending the outcome of that proceeding.
f) A single arbitrator will be selected in accordance with the rules of the administrator, and unless You and Truist
agree otherwise, must be a practicing attorney with ten or more years of experience or a retired judge. Except as
specifically stated herein, the arbitrator will not be bound by judicial rules of procedure and evidence that would apply
in a court, or by state or local laws that relate to arbitration provisions or proceedings. A judgment on the award may
be entered by any court having jurisdiction.
Survival and Severability. This Mutual Arbitration Agreement shall survive the closing of Your Account and the
termination of any relationship between us, including the termination of this Commercial Bank Services Agreement.
Except as specified in the Class, Consolidated, Collective, and/or Representative Action Waiver, if any portion of this
Mutual Arbitration Agreement is found unenforceable, it shall be severed from the Mutual Arbitration Agreement such
that the remainder of this Mutual Arbitration Agreement shall be enforceable to the fullest extent permitted by law. A
determination that this Mutual Arbitration Agreement is unenforceable or void in its entirety shall have no effect on the
validity or enforceability of any other arbitration agreement between or applicable to the Parties.
Effect of Arbitration Award. The arbitrator’s award shall be final and binding on all Parties, except for any right of
appeal provided by the FAA. However, if the amount of the Claim exceeds $250,000 or involves a request for injunctive
or declaratory relief that could foreseeably involve a cost or benefit to either party exceeding $250,000, any party can,
within thirty (30) days after the entry of the award by the arbitrator, appeal the award to a three-arbitrator panel
administered by the Administrator. The panel shall reconsider anew any aspect of the initial award requested by the
appealing party. The decision of the panel shall be by majority vote. Reference in this Mutual Arbitration Agreement to
“the arbitrator” shall mean the panel if an appeal of the arbitrator’s decision has been taken. Any filing fees and other
similar and usual administrative costs of such an appeal will be borne by the Party taking the appeal subject to a
reallocation of the arbitrator panel as justice requires. Any final decision of the appeal panel is subject to judicial review
only as provided under the FAA. No arbitration award involving the Parties will have any preclusive effect as to issues
or claims in any dispute involving anyone who is not a party to the arbitration, nor will an arbitration award in prior
disputes involving other parties have preclusive effect in an arbitration between the Parties to this agreement.
Right to Opt Out (New Accounts) – Please Read. You may opt out of this Mutual Arbitration Agreement within
thirty (30) days of opening Your Account. In order to opt out, You, and only You personally, must notify Truist of Your
intention to opt out by submitting to Truist, via certified mail or by overnight carrier mail, return receipt requested, to
Truist Bank Legal Department, Attn: Arbitration Opt Out, Mail Code 306-40-01-15, 1001 Semmes Avenue, Richmond,
VA 23224, a written notice stating that You are opting out of this Mutual Arbitration Agreement. This written notice
must be signed by You, and not any attorney, agent, or other representative of Yours and include Your name, address,
Account name, and Account number. In order to be effective, Your opt-out notice must be received by Truist within
thirty (30) days of opening Your Account. This is the sole and only method by which You can opt-out of this Mutual
Arbitration Agreement and any attempt to reject this Mutual Arbitration Agreement by any other person or through any
other method or form of notice, including the filing of a lawsuit, will be ineffective. You agree that Your opt-out of this
Mutual Arbitration Agreement shall not be imputed to any other person or entity or be deemed to be a rejection of this
Mutual Arbitration Agreement by any person or entity other than You. Your opt-out of this Mutual Arbitration
Agreement shall not eliminate the obligation of other persons or entities who wish to reject this Mutual Arbitration
Agreement to personally comply with the notice and time requirements of this paragraph. If You opt out as provided in
this subparagraph, You will not be subject to any adverse action as a consequence of that decision and may pursue
available legal remedies without regard to this Mutual Arbitration Agreement. If Truist does not receive proper notice of
a timely opt out, You are agreeing to the terms of this Mutual Arbitration Agreement.
a) You may only opt out on behalf of Yourself. A written notice submitted to Truist indicating Your intention to opt
out may apply, at most, to You. You (and Your agent or representative) may not effectuate an opt out on behalf of
other individuals.
b) Your decision to opt out of this Mutual Arbitration Agreement will not relieve You of any obligation to arbitrate
disputes that might arise under any other Account or agreement with Truist that contains an arbitration provision to
which You may be bound as a customer. Similarly, Your decision to opt out of another arbitration provision contained in
any other Account or agreement shall not relieve You of Your obligation to arbitrate disputes pursuant to this Mutual
Arbitration Agreement.
Impact on Pending Litigation. This Mutual Arbitration Agreement shall not affect Your existing rights with respect to
any litigation between Truist and You that is pending in a state or federal court or arbitration as of the date of this
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Mutual Arbitration Agreement. However, if on such date You were bound by an existing arbitration agreement with
Truist then that agreement shall continue to apply.
Right to Consult with an Attorney. You have the right to consult with private counsel of Your choice, at Your own
expense, with respect to any aspect of, or any Claim that may be subject to, this Mutual Arbitration Agreement.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, FOR ANY MATTERS NOT SUBMITTED TO ARBITRATION,
DEPOSITOR AND BANK HEREBY KNOWINGLY, VOLUNTARILY, INTENTIONALLY AND IRREVOCABLY WAIVE THE RIGHT
TO A TRIAL BY JURY IN RESPECT TO ANY LITIGATION ARISING OUT OF THIS COMMERCIAL BANK SERVICES
AGREEMENT, RELATING TO THE ACCOUNT, OR ANY OTHER DISPUTE OR CONTROVERSY BETWEEN YOU AND US OR
ANY OF TRUIST’S EMPLOYEES, OFFICERS, DIRECTORS, PARENTS, CONTROLLING PERSONS, SUBSIDIARIES,
AFFILIATES, SUCCESSORS, AND ASSIGNS.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, FOR ANY MATTERS NOT SUBMITTED TO ARBITRATION, DEPOSITOR
AND BANK HEREBY AGREE THAT ANY LITIGATION ARISING OUT OF THIS COMMERCIAL BANK SERVICES AGREEMENT,
RELATING TO THE ACCOUNT, OR ANY OTHER DISPUTE OR CONTROVERSY BETWEEN YOU AND US OR ANY OF
TRUIST’S EMPLOYEES, OFFICERS, DIRECTORS, PARENTS, CONTROLLING PERSONS, SUBSIDIARIES, AFFILIATES,
SUCCESSORS, AND ASSIGNS WILL PROCEED ON AN INDIVIDUAL BASIS AND WILL NOT PROCEED AS PART OF A
CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE ACTION
AND THE DEPOSITOR AND BANK HEREBY KNOWINGLY, VOLUNTARILY, INTENTIONALLY AND IRREVOCABLY WAIVE ANY
RIGHT TO PROCEED IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER
REPRESENTATIVE ACTION OR TO SERVE AS A CLASS REPRESENTATIVE.
E. ACCOUNT OPENING
Required Information. To help the government fight the funding of terrorism and money laundering activities,
Federal law requires all financial institutions to obtain, verify, and record information that identifies each person who
opens an account. When you open an account, or when you are added to an existing account, we will ask for your
name, permanent physical street address, social security number or tax identification number, date of birth, and other
information that will allow us to identify you. We may also ask to see your driver’s license, state ID, passport, or other
primary identification documents. If you are a nonresident alien, we will record your passport number, the name of the
country that issued the passport and your foreign address. We will accept a post office box only as a mailing address.
You may also be asked to provide such information at other times (and on any qualifying account) upon request of the
Bank. You agree to assist the Bank in gathering information to meet any bank reporting requirements. You further
agree to notify us immediately if there are any changes to the information you have provided us so we maintain the
currency and accuracy of this information. If at any time we determine that the information you provided to us was false,
incorrect, or of concern to the Bank, or if you refuse to provide us with the information when requested, we may close or
freeze any or all of your accounts.
Foreign Account Tax Compliance Act (“FATCA”). If interest from your account is payable to certain foreign financial
institutions, investment funds, or other non-financial foreign entities you are required to certify your FATCA status and
provide any other applicable information at the Bank’s request. Failure to provide such certification or information may
result in a 30% withholding on the payment of interest. The Bank shall not be liable for any additional amounts you may
owe as a result of your failure to comply with FATCA.
IRS Requirements. The Internal Revenue Service (IRS) requires the Bank to obtain the taxpayer identification number
(TIN) applicable to an account. We require you to certify under penalty of perjury that the TIN provided is correct and
whether you are subject to backup withholding. The certification is completed on the Bank’s signature card, or on IRS
Form W-9, Request for Taxpayer Identification Number and Certification. Federal law requires that the Bank withhold a
statutory amount of interest payments or dividend payments (referred to as backup withholding) if you:
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If a correct TIN is not provided at the time the account is opened, backup withholding will commence immediately. You
must provide us with your TIN promptly after you receive it. After sixty (60) days, if a certified TIN is not furnished, the
account may be closed.
Certain additional Internal Revenue Service penalties may also apply if you fail to provide your TIN.
The TIN for a U.S. citizen or an eligible resident alien individual is a Social Security number. For resident or non-resident
alien individuals who do not have, or are ineligible for, a Social Security number, the TIN is an IRS Individual Taxpayer
Identification Number (“ITIN”). For legal entities, estates and trusts the TIN is their Employer Identification Number. For a n
account to be classified as a “non-resident alien account” all owners of the account must certify their foreign status at
the time the account is opened on a Form W-8. Non-resident aliens must recertify their foreign status every three
years.
OFAC Compliance. The Department of Treasury’s Office of Foreign Assets Control (OFAC) administers and enforces
economic sanctions programs implemented by the government. We are required to comply with all OFAC sanctions,
which may include rejecting or blocking transactions or funds of certain individuals and entities. Such restrictions may
include transactions involving the government of or a citizen of Cuba or with the governments of or individuals or
entities located in Iran, North Korea, Syria, Cuba or other countries as designated by OFAC in the future. By opening
an account with us, you agree and affirm that you are not a prohibited individual or entity under any of the sanctions
programs administered or enforced by OFAC, including those restrictions listed in the previous sentence. In addition,
you agree that if you (or another joint owner or authorized person) are ever located within the countries of Iran, North
Korea, Syria or Cuba, you (or another joint owner or authorized person) will not use, access or attempt to use or
access any account you have with us. You agree that we can freeze and/or reject any transaction we reasonably
believe violates any of the OFAC sanctions programs or Bank policy or procedure. You acknowledge and agree that any
transaction to or from your account may be delayed or suspended and that a hold may be placed on your account
while a transaction is reviewed for possible violations of any of the OFAC sanctions programs and that we will have no
liability for any such delays, suspensions, holds and/or any resulting unavailability of funds.
Unlawful Transactions. You certify that you will not use your account or any Bank service for any illegal transactions
or activity including but not limited to those activities prohibited by the Unlawful Internet Gambling Enforcement Act,
31 U.S.C. Section 5361 et. seq. Further, you represent and warrant that all transactions initiated or conducted by you are
legal and not in violation of the Unlawful Internet Gambling Enforcement Act or any other law. Transactions reasonably
believed by the Bank to be used for or associated with unlawful activity may be rejected or stopped and the associated
account(s) closed immediately and without prior notice. Obligations owed before any improper transaction or account
closure will remain in full force. All liabilities and costs associated with rejected or stopped transactions or closed
accounts are assumed by the account holder.
Collateralized Accounts. If you hold an account that has been collateralized by the Bank with securities, letters of
credit or other assets, upon account withdrawal, you relinquish any claim on the collateral associated with the
withdrawn balances.
Agreement to Receive Electronic Communications. We may provide all legal or regulatory communications
associated with your account, including communications about a change in the terms of your account electronically,
although you must complete a separate enrollment if you would like to stop receiving paper statements.
We may deliver the communications to you electronically by any of the following methods: (a) via email to an address
you have provided to us; or (b) via a wireless device you have designated; or (c) to the extent permissible by law, via a
web site that we will generally designate in advance for such purpose; or (d) any other electronic means we have
mutually agreed upon. Delivery of electronic communications by any of these methods will be considered “in writing”
and you agree that the electronic communications have the same legal effect as written and signed paper
communications. You agree to promptly notify us of any change in your contact information, such as your email
address or mobile phone number. You may update your contact information by contacting us at 844-4TRUIST.
You may withdraw your consent to receive electronic communications by contacting us at 844-4TRUIST. You may
The minimum system requirements to access and retain the electronic communications are: an internet-enabled
computer or telecommunications device with 128-bit encryption, sufficient storage capacity and software that enables
you to view files in the Portable Document Format (“PDF”).
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Privacy Policy. Our privacy policy, which is provided at the time you open an account, is described in our publication,
“The Truist Consumer Privacy Notice”. For current privacy practices, you may access our website at www.Truist.com.
Sharing Information. To allow Truist to analyze your potential financial needs, or as part of the qualifying and
maintenance process for depositors, you authorize Truist, to the extent permitted under applicable law, to obtain
information from credit reporting agencies, Early Warning Systems or similar agencies, as we deem necessary. You
understand such information will be used by Truist for internal purposes only. Further, you authorize us to share with
our Truist affiliates your non-public or confidential information for marketing or other purposes. If you do not wish us to
share confidential information with Truist affiliates (referred to as “opting out” of information sharing), you can make that
election by calling 1-888-800-3420.
Telephone Monitoring and Recording. You agree that Truist may monitor and/or record any telephone conversation
with you for any legal reason, including to monitor the quality of service you receive and to verify transaction related
information. You agree that Truist is not required to remind you before or during each telephone call that the
conversation is subject to being monitored and/or recorded in accordance with applicable state and federal law.
Bank Reporting Requirements. Banks are required to file a report called a Currency Transaction Report (CTR) with the
Internal Revenue Service whenever it has currency transactions that exceed $10,000 in one business day. This includes
both single and multiple transactions, transactions to or from or on behalf of any one individual or other entity, or in or out of
any one account, and exchanges of currency. Banks are also required to file other reports with the U.S. Treasury Department
when a transaction is conducted or attempted by, at, or through a bank, involves or aggregates at least $5,000 in funds
or other assets, and the bank knows, suspects, or has reason to suspect that: (a) the transaction involves funds derived
from illegal activities or is intended or conducted in order to hide or disguise funds or assets derived from illegal activities
(including, without limitation, the ownership, nature, source, location, or control of such funds or assets) as part of a plan
to violate or evade any federal law or regulation or to avoid any transaction reporting requirement under federal law or
regulation; (b) the transaction is designed to evade any requirements of this part or of any other regulations promulgated
under the Bank Secrecy Act; or (c) the transaction has no business or apparent lawful purpose or is not the sort in which
the particular customer would normally be expected to engage, and the Bank knows of no reasonable explanation for the
transaction after examining the available facts, including the background and possible purpose of the transaction.
Banks are also required to maintain a record of: (i) sales of certain negotiable instruments such as cashier’s checks,
money orders, traveler’s checks, and other similar instruments when the amount of cash involved is $3,000 to $10,000
inclusive; and (ii) fund transfer of $3,000 or greater. These records must be made available to the U.S. Treasury
Department upon request.
Other crimes under the Bank Secrecy Act are: (i) causing or attempting to cause a financial institution to fail to file a
currency transaction report; (ii) causing or attempting to cause a financial institution to file an inaccurate report; and
(iii) structuring or attempting to structure large transactions with financial institutions into several smaller transactions
in an attempt to avoid reporting. Financial institutions, financial institution employees, and individuals may all be
subject to prosecution for evading the reporting requirements. There are both civil and criminal penalties associated
with violations of these regulations that may carry significant monetary fines and imprisonment. You agree to assist
the Bank in gathering information to meet Bank Secrecy Act requirements.
You may be eligible for a qualified exemption from some of the Bank Secrecy Act reporting requirements. To qualify for
such exemption, you agree to cooperate with the Bank in collecting the necessary information to meet the exemption
certification requirements.
F. ACCOUNT TYPES
You agree that when you open an account, you have instructed us as to the correct type of account applicable to your
organization. You further represent to the Bank that you are authorized to do business in the manner indicated and
that the acts of person(s) opening the account have been ratified. You agree that the Bank may rely on such
representations without requiring additional information or documentation and that you will furnish such information
upon request. You are solely responsible for meeting any legal requirements to establish and maintain the type of
account requested and have a duty to inform us of the status of any change to the Organization. Federal regulations
require that you provide us with information concerning the beneficial owners of a legal entity at account opening. You
may also be asked to provide such information at other times (and on any qualifying account) upon request of the
Bank. If at any time we determine that the beneficial ownership information you provided to us was false, incorrect, or
of concern to the Bank, or if you refuse to provide us with the information when requested, we may close or freeze any
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or all of your accounts.
If you have opened a deposit account on behalf the beneficial owner(s) of the funds in an account (for example you are
acting as a trustee, agent, nominee, guardian, executor, conservator, custodian, or in some other capacity for the benefit
of others), those beneficial owners may be eligible for “pass through” insurance from the Federal Deposit Insurance
Corporation (“FDIC”) in the event of Bank failure. FDIC “pass through” deposit insurance is federal deposit insurance
coverage that applies to the interests of owners or beneficiaries. This means the account could qualify for more than
the standard maximum deposit insurance amount (currently $250,000 per depositor in the same ownership right and
capacity). As the account holder, you must be able to provide a record of the interest of the beneficial owner(s) in
accordance with the FDIC’s requirements. The FDIC has published a guide and an Addendum to the guide, Section
VIII, explaining the process to follow and the information you will need to provide in the event of Bank failure, including
the type of information you, as the account holder, must keep regarding the beneficial owner(s) of the funds, as well as
the format and process you must follow for submitting those records to the FDIC. The guide and Addendum can be
accessed on the FDIC’s website at https://www.fdic.gov/deposit/deposits/brokers/part-370-appendix.html. You have
an opportunity to validate the capability to deliver the required information in the appropriate format so that a timely
calculation of deposit insurance coverage can be made. You agree to cooperate fully with us and the FDIC in
connection with determining the insured status of funds in such accounts at any time. In the event of Bank failure, you
agree to provide the FDIC with the information described above in the required format within 24 hours of that event.
As soon as the FDIC is appointed, a hold may be placed on your account so that the FDIC can conduct the deposit
insurance determination; that hold will not be released until the FDIC determines that you have provided the
necessary data to enable the FDIC to calculate the deposit insurance. You understand and agree that your failure to
provide the necessary data to the FDIC may result in a delay in receipt of insured funds and legal claims against you
from the beneficial owners of the funds in the account. If you do not provide the required data, your account may be
held or frozen until the information is received, which could delay when the beneficial owners would receive funds.
Notwithstanding other provisions in this Agreement, this section survives after the FDIC is appointed as our receiver,
and the FDIC is considered a third party beneficiary of this section. Not all accounts may be available in your area or
through the method in which your account is opened. The definitions of account or ownership styles outlined in this
section are not meant to be all inclusive and additional accounts or styles may be offered by the Bank. The Bank, in its
sole discretion, shall not be required to open a particular account type or style. The manner in which you open an
account indicates your ownership rights in the account. You agree that when you open an account the titling of the
account is correct and that the Bank has no responsibility to inform you as to how the titling may affect your legal
interests. If you have any questions as to the legal effects of an account, you should consult with your own attorney or
advisor. If a signature card or other document contains a notation or indication that your account is established for a
particular purpose (other than an account type listed below) you agree that such notation or indication creates no
additional duties on the Bank and is solely for your personal recordkeeping.
The Bank accepts no liability with respect to an account except to the Depositor, and shall not be liable to the
Depositor’s officers, directors, stockholders, partners, joint venturers or other interested persons. The Bank will rely
upon the signature card, resolution or other written designation of Authorized Signers on an account until we have
received notice in a form acceptable to the Bank that the authority has been terminated and we have had a reasonable
time to act upon the notice. Depositors referenced on the Bank’s records as a Designated Representative can add or
remove Authorized Signers from the account and can enter into a night depository agreement, enter into an
agreement for cash management or treasury services, lease a safe deposit box, enter into an agreement for deposit
access devices, enter into an agreement for credit cards, enter into an agreement relating to foreign exchange and
obtain online foreign exchange services related thereto, or enter into any other agreements regarding an account of
Depositor. If the Authorized Signers on your account change, the Bank may continue to honor items and instructions
given earlier by any previously appointed Authorized Signer until we receive specific written notice from you not to do
so and have had a reasonable amount of time to act. In such cases, we may require that you close the account and
open a new one or place stop payment orders to prevent transactions from occurring.
Each signer named on your signature card is authorized to obtain information on your account, endorse and deposit
items payable to your account, sign checks, drafts, items or other written orders and execute Bank’s wire transfer
agreements used to initiate wires in Bank’s branch offices, close an account, place and remove stop payment requests and
make withdrawals. The Bank does not, however, verify the signatures on every check paid against your account, which
is in accordance with industry standards and you agree that this is not a failure by the Bank to exercise ordinary care.
When you receive your monthly statement, you should carefully and promptly examine it to verify that only authorized
checks have been paid and/or that only authorized transactions have occurred. The Bank will not be liable if we refuse
to honor any item that we believe, in our discretion, does not contain a genuine authorized signature.
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You agree that the Bank may verify your signature through the signature card or a check or other document that bears
your signature. We may use an automated process to obtain an image or sample of your signature from a check that
bears your signature. If you create your own checks or obtain them from another source, and we cannot accurately
verify your signature on a check by comparing the signature to a check posted to your account, you are responsible
for any losses that may result from our inability to use that check to verify your signature.
Accounts are not transferable except on the Bank’s books and records. In order to transfer title or to pledge an account
as collateral for a loan, a written request must be provided in a form accepted and acknowledged by the Bank. Any
pledge of an account to a third-party remains subject to the Bank’s right of set-off and security interest. The Bank may
determine ownership of an account from the information in our records. Any changes you request us to make to your
account are not effective until accepted by us and we have had a reasonable time to act on the new information. If
ownership of an account is to be changed, the account should be closed and a new account opened to reflect the
ownership designation.
Corporation Account. An account owned by a corporation, which performs transactions through its officers.
Escrow Account. An account opened by attorneys, brokers, realtors or agents for the purpose of holding funds in
escrow (trust) for their clients. If you open an attorney trust account, including an IOLTA or similar account, you
authorize us to notify the appropriate state agency if the account is overdrawn or checks are dishonored, if the
applicable state requires notice of those events. Additionally, you authorize us to remit the interest paid on an
attorney trust account to the designated Bar Foundation by ACH pre-authorized debit or by check or by any other
method approved by the Federal Reserve System. The terms of any agreement or other document under which the
account is opened will govern the account, and the Bank has the right, but not the obligation, to review any such
document. The Bank assumes no liability for the administration of any fiduciary relationship whether or not the Bank
has been provided with a copy of such document. You agree to indemnify and hold us harmless from and against
any and all loss, costs, damage, liability, or exposure, including reasonable attorney’s fees, we may suffer or incur
arising out of any action or claim by any beneficiary or third party with respect to the authority, actions, or inaction
taken by the authorized individuals in handling or dealing with the account.
Limited Liability Company Account. An account for a limited liability company, which is owned by its members and
managed by those members, a manager, or a board, as designated in the company’s operating agreement or articles of
organization.
Partnership Account. An account for an unincorporated business owned by two or more individuals or entities referred
to as partners. The partners may designate Authorized Signers and such authority is revoked upon the Bank’s receipt
of notification of the dissolution of the partnership.
Public Funds Account. An account owned by a U.S. government agency, a State, a County, a local government or any
political subdivisions thereof, for which the Bank must pledge securities.
Receivership Account. An account opened by a court-appointed receiver to manage the affairs of a designated
person, partnership or corporation.
Sole Proprietorship Account. An account for an unincorporated business owned by one proprietor or by two legally
married partners. The proprietor (owner) may designate Authorized Signers and such authority is revoked upon the
Bank’s receipt of notification of the proprietor’s (owner’s) death.
G. ACCOUNT RULES
Unless this Agreement otherwise indicates: the term “item” means any instrument or a promise or order to pay money
handled by a bank for collection or payment, but does not include a payment order for a wire transfer, cash,
documentary drafts, notes, credit or debit card slips, or other instruments of a type not routinely accepted for
collection or payment to deposit accounts by a Bank. The term “account” means any deposit or credit account with the
Bank, and includes a demand, time, savings, or like account other than an account evidenced by a Certificate of
Deposit. Although excluded from the definition of account, Certificates of Deposit, whether evidenced by a certificate
or book-entry, are subject to the terms and conditions of this Agreement. The term “available balance” refers to the
money in your checking or savings account that is currently available to you to make purchases, withdrawals, etc. The
available balance reflects any processed and pending transactions, and any holds. It does not include any checks you
have written that have not posted, if applicable to your account. (Checks are processed during the nightly posting and
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will be reflected the next day.) Checks cashed by a Truist teller will be reflected in the available balance. This balance
is updated throughout the day with transactions you make. The term “collected balance” refers to the collection of non-
cash items (checks) deposited by you. The term “Current (Ledger) Balance” refers to your current balance (also called
ledger balance) and is the actual amount in your account and does not change throughout the day. It does not include
holds or pending transactions.
1. STATEMENTS. Statements for your account, notices, or other information regarding your account will be mailed, sent
electronically, or otherwise made available to you at regular intervals depending on your account type. The statement or
account information will be delivered to the postal or electronic address of the primary account owner as reflected in
our records or per instructions you have provided to us. Mailed statements shall be deemed received by you on the
earlier of the actual date of receipt or within ten (10) calendar days of the date appearing on the statement.
Electronic statements shall be deemed received on the date they are transmitted to the e-mail address you provided or,
the date the statement is provided within your online or mobile banking service. The primary owner shall be
responsible for providing copies of statements to any co-owners of the account. If a language preference is selected for
your statement, only the primary account owner may change the preference.
You agree to notify us immediately of any change in your contact information, including address, e-mail address,
and/or telephone number. The Bank may rely on any instructions purportedly made by you, or on your behalf, to
change your contact information without liability. You also agree that we may rely on an address change notification
received by us from a third party vendor or the U.S. Postal Service and other governmental sources to update your
address on our records. The Bank will have no liability to you for changing your address based on such information,
even if such information is in error. If any of your statements or account information is returned to us because of an
incorrect postal address or an incorrect, changed, or expired e-mail address, we may stop delivering statements or
account information until a valid address is provided. If your account is classified as dormant, we may elect not to
provide further account statements. Copies of such statements or any enclosures can be reproduced upon request,
subject to applicable fees. Any statements or account information that is returned as undelivered shall be destroyed
without notice and subject to applicable fees. Any statements held for you at a branch office shall be destroyed after a
limited time and subject to applicable fees.
You shall notify the Bank if you have not received your first statement within thirty (30) calendar days of account
opening or within ten (10) calendar days of your regular statement date. The Bank will not be liable to you for any
damages as a result of; your failure to promptly notify us of a change in your address, your failure to notify us that you
did not receive your statement, or your failure to make arrangements to receive your statement. You are responsible
for the accuracy of your statement whether or not reviewed and it shall be deemed final and correct upon thirty (30)
days from the statement date.
All business accounts, and the majority of fees associated with deposit and treasury management services, are billed
through Account Analysis. In addition to your statement of account information, an Account Analysis statement is
available upon request and can be mailed, sent electronically, or made available through one of the Bank’s digital
platforms. The information on the Account Analysis statement includes name and address, along with information on
deposit and treasury management services utilized on the account. If the Bank has received instructions to group
your business account with other business accounts owned by you or owned by other entities with some relationship
or association to you, all accounts in the grouping will be included in one Account Analysis statement. The Bank will
notify you if your account is grouped for the purpose of Account Analysis.
2. DEPOSITS AND CREDITS. The Bank, in its discretion, may accept or refuse a deposit, or a part of a deposit, to your
account at any time. We may accept deposits to your account from any source without questioning the authority of
the person making the deposit. The Bank may require that the person making a deposit provide identification or
impose other conditions prior to accepting a deposit. We may give cash back to any authorized account signer or
agent in connection with an item payable to the account owner, whether or not the item has been endorsed by the
payee. The Bank, in its discretion, may also reverse a deposit even after provisional credit has been granted without
prior notice. You agree that any deposit is subject to verification and confirmation notwithstanding your possession of a
deposit receipt or acknowledgement. We may reverse or adjust any transaction, credit or debit we believe we
erroneously made to your account at any time without prior notice. In addition, if any deposit or other credit is made to
your account which we determine should not have been made, we may reverse that credit without prior notice and
without any liability to you.
When you deposit or negotiate an item made payable to or endorsed by another party, you guarantee and warrant
13
that all endorsements are valid and that all necessary endorsements are included. In the event any such item is
deposited and returned to us for any reason, you authorize us to place a hold on or debit your account for the amount
of the item and you agree to be responsible for the full amount of the item. We may require you to verify an
endorsement on an item through the appearance in person of the endorsee with proper identification and/or obtain an
endorsement guarantee or ratification. At or after the time of the cashing, negotiation, or deposit of an item with
multiple or third-party endorsements is made, we may return the item unpaid or place a hold on your account for the
amount of the item until such a verification is complete to our satisfaction.
In the case where a deposited item is lost, stolen, or destroyed before presentment to the paying bank, you agree to fully
assist the Bank in obtaining a replacement or reconstruction of such item. Failure to cooperate may result in the credit to
your account being revoked or, if deposited but not credited, the credit withheld. You further agree that the Bank may
impose a fee for, or decline to cash a check drawn on your account and payable to a third party. The Bank can direct the
third party to deposit the check at another financial institution for payment.
The Bank’s night depositories may not be used to deliver or deposit checks, money, payments and other items. We
assume no liability for any such delivery or deposit unless Bank has approved your use of this service. In our sole
discretion, we may process your delivery or deposit and you agree to indemnify and hold the Bank harmless from any
alleged loss, claim, or damage. You agree that the Bank in its discretion may charge a fee for this service, which you
agree to pay on demand or it can be deducted from any of your accounts. Delivery of checks or money through a
night depository is not considered a deposit until it is posted to your account.
Deposits are considered accepted in the state in which your account is maintained. If you did not open your account in
person at a branch, but through the mail, by phone, or over the internet and you do not reside in a state or maintain a
residence in a state where the Bank operates a branch office, your deposit(s) will be considered accepted in the state
of North Carolina.
Mail-in Deposits:
Mailed deposits should be mailed directly to our Special Handling Department to ensure prompt posting to your account
using one of the addresses below.
3. Night Deposit Services. Upon Bank’s approval, and subject to the terms and conditions set forth in this section, business
clients may utilize the night depositories located at Bank branches to make night deposits using tamper-evident bags
meeting our specifications (“Bags”). The use of other Bag types and envelopes is prohibited. You grant full authority to
your agents to deliver deposits, receive receipts, additional Bags and other documents and items from Bank and we
may act upon the instructions of these individuals. Any individual referenced as a Designated Representative on the
Bank’s records is authorized to designate, add, or delete individuals who are authorized to deal with the Bags and their
contents.
If you use a key to access the night depository, you agree to keep the key(s) secure and available only to authorized
individuals. You agree to give Bank written notice of the loss of any key within two (2) business days of the day in which
you become aware that such key is lost. You are responsible for successfully placing Bags in the depository and relocking
the outer door of the depository. You agree to report any unusual conditions immediately to us at 844-4TRUIST or to local
law enforcement.
Instead of placing Bags into the night depository, there may be occasions where authorized individuals deliver Bags to a
Bank Teller or other Bank employee inside a branch office or through the drive through window during regular banking
hours and do not wait inside the branch for the Bags to be processed (“Over the Counter Transaction”). In these instances,
you agree that the terms and conditions set forth in this section related to Night Deposit Services apply to the Over the
Counter Transactions and that such transactions do not place any additional liability on the Bank. Bank, in its sole
14
discretion, can refuse to accept any Bags that are delivered as an Over the Counter Transaction, regardless of whether
the Bank has previously accepted such Over the Counter Transaction Bags.
Deposits, along with a properly completed deposit ticket, must be delivered in Bags. Account name and number must be
indicated on the outside of the Bag along with itemized deposit information. Unsealed, damaged or improperly labeled
Bags will be returned unprocessed. If you have arranged for us to not process the deposit or the deposit is in a locked
Bag for which we do not have a key, you must retrieve the Bag during regular business hours. If you request a receipt for
deposits, it will be available at the branch location for five business days following the date the deposit is processed. The
receipt will be discarded if not picked up on the fifth business day.
You agree that “delivery” of a Bag placed in the night depository shall mean that a Bag and its contents have fallen down
the interior chute of the night depository and landed on the floor of the interior vault. Placement of the Bag and its contents
in the exterior door of the night depository or in the mouth or upper portion of the interior chute shall not constitute “delivery”
of the Bag to the Bank. You agree that “delivery” of any bag in an Over the Counter Transaction shall mean when an
authorized individual has placed the Bag into the hands of any Bank employee or its authorized agents and has completed
any necessary documentation of the delivery that the Bank in its sole discretion deems necessary. Placement of any Bag
on the counter without completing the required documentation, if any, does not constitute “delivery” of the Bag to the Bank.
You also agree that you shall bear the entire risk of loss until the Bag and its contents have been delivered into the
exclusive custody and control of the Bank.
You agree to give Bank written notice of any irregularity in or the loss of any Bag or its contents within thirty (30) calendar
days of the day in which the Bag is alleged to have been delivered to the Bank. Thereafter, the Bank’s records as to the
receipt or non-receipt of the Bag or the amount of the contents of the Bag shall be conclusively presumed to be correct.
In the event that you give timely written notice that either a Bag or its contents have been lost, stolen, or otherwise
mysteriously disappeared after delivery to the Bank, or that the amount of the contents of a Bag does not agree with your
records, then you agree to have the burden of proving by clear and convincing evidence that (a) the Bag and its contents
were in fact delivered into the exclusive custody and control of the Bank; (b) the exact dollar amount of the money and
items in the Bag; and (c) that the Bank was grossly negligent. You also agree to take all reasonable steps to mitigate any
loss or damages.
Bank reserves the right to withdraw the night depository from use at any time without notice in case of emergency or need
for repairs. Bank shall not be liable for any loss suffered by you due to the unavailability of the night depository.
Bank is not responsible for any loss or damage sustained by you in the use of Night Deposit Services or Over the Counter
Transactions that results from an act or omission by your agents, any third party, or any cause beyond our control. We
shall be responsible for loss or damage sustained by you only if the result of our gross negligence or willful misconduct.
Bank makes no representation or warranty, whether statutory, express or implied, including without limitation any
warranties of merchantability or fitness for a particular purpose. Bank shall not be responsible for any special,
consequential, indirect or punitive damages suffered by you or any third party even if we were aware of the possibility of
such damages.
The terms and conditions set forth in this section supersede and replace any prior agreement or other documents between
you and the Bank which address or deal with Night Deposit Services or Over the Counter Transactions.
Correction of Errors. The Bank has no duty to compare the items listed on the deposit slip with the items
accompanying the slip when the deposit is received by the Bank for accuracy as the Bank relies upon the information
you provide on your deposit slip when initially processing your deposit. Therefore, you have a duty to accurately
record cash, each item being deposited, and the total amount of your deposit on your deposit slip or at the ATM. If an
error in your deposit is later detected, it will be corrected by the Bank unless otherwise agreed. Final credit to your
account is based on the total sum of the cash and items actually received by the Bank.
You will be sent a notice of any adjustment we make to your deposit that is more than $10 dollars. Any correction made
to your deposit of $10 or less will be reflected on your bank statement. You may confirm the final credit
15
amount of your deposit and your account balance at any time. Under this Agreement, you are required to review your
bank statement and report any errors within thirty (30) days from the statement date. Your statement will be deemed
final and correct on the thirtieth (30th) day from the date of the statement.
Missing Endorsements. The Bank may accept for deposit items made payable to any one or more of the parties in whose
name the account is established, with or without endorsement. If you fail to endorse an item for deposit, the Bank may
supply the missing endorsement.
Items Payable Jointly. If an item is drawn so that it is unclear whether one payee’s endorsement or two is required, only
one endorsement will be required and you shall be liable for any loss incurred by the drawer as a result of there being only
one endorsement.
Provisional Credit. In receiving items for deposit or collection, the Bank acts as your collection agent and any
settlement given for an item is provisional and may be revoked if payment of the item is not received. When you
accept an item for payment or otherwise, and deposit or negotiate the item, you are liable for the entire amount of the
item if it is returned for any reason, even if you paid a portion to a third party or there is a difference between the
amount of the item and the amount owned by you. You agree that for any item not paid, returned unpaid, that we
believe will be returned unpaid, or is returned pursuant to any applicable operating or clearinghouse rules, the Bank
may charge back the item against your account without regard to whether such item was returned within any applicable
deadlines. If you cash an item that is later returned, you are liable for the item in the same manner as if the item had
been deposited to your account and we will charge back the item to your account. At our option and without notice to
you that an item has been returned, we may resubmit any returned item for payment. You waive notice of
nonpayment, dishonor, and protest regarding any items credited to or charged against your account.
You further agree that regardless of any final settlement, if an item is cashed against your account or deposited to
your account and is unpaid or is returned to us based upon a breach of warranty claim or any other reason, we may
deduct the amount of the item from your account, or place a hold on your account for the amount of the item until
liability for the item is determined.
You acknowledge and agree that at the time you deposit or negotiate an item the Bank cannot determine whether it will
be paid or returned. You therefore acknowledge and agree that the Bank and its employees or agents will not be liable for
any statement or action, express or implied that an item is “paid”, “cleared” “good” or any other such indication. To
determine the status of an item you have deposited or negotiated you must contact the bank on which the item was
drawn.
Foreign Checks. We may refuse to accept for deposit or collection items payable in a currency other than U.S.
dollars. If we accept such an item, you assume the risk associated with currency fluctuation. Items drawn on foreign
banks are subject to final payment by the foreign bank and as such may be returned unpaid later than a similar item
drawn on a U.S. bank. U.S. laws and regulations governing the time for returns and collections are not applicable and
you bear the entire risk of a returned item which can be charged back to your account at any time. You agree that we
may use our current buying or selling rate, as applicable, when processing such an item, inclusive of any domestic or
foreign bank fees.
Inconsistent Name and Account Number. If a fund transfer instruction for credit or debit from your account lists the
name or account number of the beneficiary, the name or routing and transit number of beneficiary’s bank or any
intermediary bank in an inconsistent or incorrect manner, payment may be made by relying upon the account number,
even if it identifies a different person or bank from the one named in the instructions received. You agree that we have
no obligation to verify whether the name and the number refer to the same person.
Receipt of RTP® Network Payment.1 When you receive a payment through the RTP Network provided by The
Clearing House Payments Company L.L.C., you confirm, by not rejecting the payment, that you are not receiving the
payment on behalf of someone who is not a resident of or otherwise domiciled in the U.S.
1 RTP® is a registered service mark of The Clearing House Payments Company L.L.C.
Incoming International Wire Transfers. When you receive money in a foreign currency via a wire transfer, the
currency exchange rate used to convert such funds for deposit into your account may be determined by us in our
discretion without prior notice to you. You agree to this procedure and accept our determination of the currency
exchange rate. The exchange rate that we offer you may include a commission, will be different from (and usually less
favorable to you than) the exchange rate for institutions that is usually quoted in newspapers or online services,
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and may be different from our daily published rate. Currency exchange rates can be highly volatile and may change
frequently during a day. You assume all risks relating to or arising from fluctuations in the exchange rates between
currencies for international wire transfers deposited to your account.
Return of Direct Deposits. If, for any reason, we are required to reimburse the payer for all or a portion of any
payment deposited into your account through a direct deposit plan, you agree that we may, without prior notice,
deduct the amount to be returned from your account or from any other account you have with us, unless prohibited by
law. This right is in addition to any other rights the Bank has under this Agreement, including the right of setoff and its
security interest in your account.
Payment of Items. For purposes of this subsection, an “item” is a debit to your account which includes a check,
substitute check, purported substitute check, electronic item or transaction, draft, demand draft, remotely created
item, image replacement document, indemnified copy, ATM withdrawal or transfer, PIN-based point of sale
transaction, signature-based point of sale transaction, preauthorized payment, automatic transfer, telephone-initiated
transfer, ACH transaction, Online Banking transfer or bill payment instruction, withdrawal slip, in-person transfer or
withdrawal, cash ticket, deposit adjustment, any other instruction or order for the payment, transfer, or withdrawal of
funds, and an image or photocopy of any of the foregoing.
Transactions are processed each business day during nightly processing. Once your transactions are processed, the
results are posted to your account.
Truist will post items to your account based on your available balance. The available balance can be impacted by
pending transactions. Examples of common pending transactions include the following but is not an exhaustive list and
there may be other pending transactions that have not been included.
• Transfers from another Truist account, Visa Money Transfer Credits, and Zelle Payments that are made before nightly
processing begins (generally around 11:59 p.m. ET) will be added to your available balance.
• Authorization holds affect the availability of funds by reducing the available balance. Truist deducts authorized holds from
the funds you have available to cover any outstanding items, including checks drawn on your account as well as other
withdrawals such as ACH transactions. Your account history reflects the current balance, not the available balance.
• If you use your ATM Card or Debit Card to purchase goods and services, including Internet purchases (point-of- sale
transactions), you authorize us to debit your deposit account, and you agree that your authorization may result in an
immediate memo debit reducing the account’s available balance, even though the transaction may not be finally
posted to that account until a later date. You also understand that you may overdraw your account if you make a
withdrawal, write checks or make point of sale purchases against funds that are needed to pay ATM/Debit Card
transactions that have been authorized but not yet posted to your account.
• Based on account type, overdraft fees may be charged when adequate funds are not available in the account to cover
all pending transactions and items being posted, debit card transactions being posted, or outstanding checks, ACH,
transfers and all other withdrawals when transactions post during nightly processing.
• It remains very important to keep records of all payments you’ve authorized from your account. Authorization holds will
help track your debit card purchases and reserve the funds before they post to your account. However, we have no record
of outstanding checks or ACH transactions you’ve authorized.
Once the available balance is determined, prior day credits and debits will post before current day credits and debits.
Once prior day credits and debits are determined, if any, transactions will post in order according to the groupings
below:
1. Deposits and Credits – all deposits and credits will be posted to your account first. This includes cash and check
deposits and incoming transfers, received before the cutoff time at the location the deposit or transfer was made.
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3. Client-initiated withdrawals and debits – withdrawals/payments that have been previously authorized and cannot
be returned unpaid, such as debit card purchases, ATM withdrawals, account transfers, and teller-cashed checks. If we
receive more than one of these transactions for payment from your account, we will generally sort and pay them
based on the date and time you conducted the transactions. For a debit card transaction, if a merchant does
not seek authorization from the Bank at the time of the transaction, we will use the date the transaction is
received for payment from your account.
4. Client-initiated withdrawals and debits such as ACH (automated payments) – such as bills you pay by authorizing
a third party to withdraw funds directly from your account. If there is more than one of these types of transactions, they
will be sorted by the date and time that they are received. Multiple transactions that have the same time will be sorted
and paid from lowest to highest serial number.
6. Bank Fees – Fees, such as monthly maintenance fees, will post to your account last. Please note that some fees will be
posted to your account at the time they are incurred and others, like maintenance fees, will post last.
If sufficient funds are not present to cover all presented transactions, Truist will:
Determine if Overdraft Protection is available: Any overdraft protection source that has sufficient availability to cover
the presented transactions, will be transferred to cover the presented transactions. (see page 17)
If no Overdraft Protection Source is available: At our sole discretion, we may pay a check or automatic payment into
overdraft, rather than return it unpaid. If the transaction is paid into overdraft, it may help you avoid additional fees that
may be assessed by the merchant. If the item is returned, you will incur a Returned Item Fee.
The Bank has the discretion to process items even if your account has an insufficient available balance to pay such
items. Your “available” balance represents the amount of funds available for withdrawal or to pay items presented
against your account. The “available” balance may not be the same as your “current” or “posted” balance. For
example, your available balance may be reduced by a POS transaction in which the merchant has obtained
authorization from the Bank but that has not been presented for payment. We consider such pending transactions in
the calculation of your available balance.
In the payment clearing process, the Bank employs techniques to assist in the detection of unauthorized items that
may be presented against your account for payment. If a particular item appears to represent unusual activity on
your account, you authorize the Bank, in its discretion, to reject the item and return it unpaid. If the returned item
was, in fact, properly payable, you agree to hold the Bank harmless from any claims, loss, or damages as a result of
the Bank not paying the item.
We may change the priority or order in which items are processed at any time without notice to you. If you do not
have sufficient funds available in your account to pay all items presented on a given day, our processing methods may
result in more overdraft/returned item fees (based on account type), or other fees or penalties. We may choose our
processing method at our sole, unilateral and absolute discretion, regardless of whether additional fees or penalties may
result. We may refuse any check or other item drawn against your account or any method of presentment, including
electronic presentment, attempting to withdraw funds from your account if it is not presented on a form and through
a procedure approved by the Bank.
It is your responsibility to reconcile your account and to avoid overdraft situations. For more detail on Truist’s processes
refer to our Facts About Banking website at Truist.com/TheFacts.
You agree to hold the Bank harmless and indemnify us for any liability we may incur for reasonably acting, in our
discretion, upon any instructions you may provide to us by telephone, telecopier (fax machine), e-mail, or other
electronic means.
In the event you voluntarily give your account number to a third party by telephone or any other method, you
authorize the recipient of the information to initiate debits to your account and you will be liable for all debits initiated by
such person or company. Likewise, you will be liable for all debits initiated by any service provider hired by you to draft
your account to pay third parties, whether your signature is on the drafts or not.
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When you give signed checks to another party with the payee, amount, date or other provision left blank, you agree that
your account may be charged for the check as completed.
We may honor items drawn on your account by authorized signers, even if the items are made payable to them, to
cash or for deposit to their personal accounts. You agree that the Bank has no duty to investigate or question items,
withdrawals or the application of funds.
Payment made to a person presenting an account withdrawal receipt signed by the Depositor, shall be conclusively
deemed to be good and valid on the account of the Depositor. We will have the right to assume that any such person is
acting as a messenger for the Depositor, unless the withdrawal receipt has been lost and notice in writing has been
given to us. Receipt of such notice must be acknowledged in writing and signed by an officer of the Bank before such
payment is made. This paragraph does not grant you the right to make withdrawals by messenger. We reserve the
right to refuse withdrawals by messenger.
Multiple Signatures. The Bank does not offer accounts on which two or more signatures are required for a
withdrawal of funds from your account. Any attempt to include such requirement on your checks, signature card or
other governing account documents will be for your internal purposes or controls only and will not be binding on the
Bank. The Bank may pay checks, items, electronic debits, wires, debit card transactions, online banking transactions, or
other withdrawal instructions signed or approved by any one of the authorized signers on the account who are named
on the signature card.
Deduction of Fees. Fees may be deducted from your account without prior notice to you. Maintenance, activity fees
and applicable fees for returned deposited checks, returned items, overdrafts (based on account type), stop payment
orders, charges for check printing, and other service charges made in accordance with the rules of the Bank in effect
at the time of such charge shall be deducted from your account and may be posted prior to other debits. The Bank shall
not be liable for refusing to honor items presented for payment because of insufficient funds as a result of deducting
such fees. Any fees (or portions thereof) that were not posted due to insufficient funds at the time of posting may be
collected at a later date without prior notice when sufficient funds are available in the account. Fees are subject to
change from time to time at the Bank’s discretion. The current Business Deposit Accounts Fee Schedule is available at
www.Truist.com.
Stale Dated Items. The Bank maintains the option to either pay or dishonor any stale dated item, which is an item
more than six months old, upon presentation to the Bank. If the item is paid by the Bank in good faith, we will not be
liable for any loss, fees or damages you suffer as a result of the item being charged to your account.
Preauthorized Demand Drafts. A preauthorized demand is a type of bank draft used by telemarketers and sales
representatives who sell goods and services through the telephone, mail, or other electronic means. Drafts are used to
obtain funds from your account without you issuing a check or getting your signature on the draft. In lieu of a
signature, a legend such as “Payment Authorized” or “No Signature Required” may appear on the draft. If you give a
telemarketer or any other party information about your account or account number, and the information is thereafter
used to debit your account, the Bank is authorized to pay such item. If you wish to stop payment on the draft, you
must revoke your authorization by giving notice to the telemarketer or the third-party.
Remotely Created Checks. A remotely created check is an item that appears to authorize payment to be made but
which is not actually signed by the drawer. You agree that if you cash, negotiate or deposit a remotely created check,
you warrant to us that the check is authentic and is authorized by the drawer according to the terms contained on the
check. If a remotely created check is returned to us at any time and for any reason, we may debit the amount of the
check from your account.
Electronically Created Items. An electronically created item is defined under federal regulation as an electronic
image that has all the attributes of an electronic check or electronic returned check but was created electronically and
not from a paper check. You are not permitted to deposit these items. However, if you deposit an electronically created
item, you agree to be liable for any losses that result from the fact that (i) the electronic image or electronic information is
not derived from a paper check; (ii) the person on whose account the electronically created item is drawn did not
authorize the issuance of the item in the amount, or to the payee, stated on the item, or (iii) a person receives a transfer,
presentment, return of, or otherwise is charged for an electronically created item such that the person is asked to make
payment based on an item or check already paid.
Death or Incompetence. Neither a depositor’s death nor a legal adjudication of incompetence revokes the Bank’s
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authority to accept, pay, or collect items until the Bank is notified of the fact of death or of an adjudication of
incompetence and has a reasonable opportunity to act on it. Even with knowledge the Bank may, for ten (10) days after
the date of death, or adjudication of incompetence, pay checks drawn on or before said date unless ordered to stop
payment by a person claiming an interest in the account.
Delayed Return of Item. The Bank will not be liable if an item deposited into your account is returned after the time set
by applicable law if the delay is caused by an improper endorsement. You will be liable to the Bank for any loss or expense
we incur because we are unable to timely return an item drawn on your account caused by any markings or damage to
the item.
Postdated Items. You agree not to issue a postdated check and the Bank may disregard such date on the item when it
is presented for payment. The Bank is authorized to pay any check prior to the date on the item even if you have given
us notice that it is postdated. If the Bank agrees to re-credit your account after paying a postdated check you agree to
transfer to the Bank all of your rights against the payee or other holder of the check, and to assist in any legal action
taken against that party.
Conditional Items. You agree not to issue a check that is conditional. For example, you may not issue a check with
the notation “void after 30 days.” The Bank has the right, however, to pay or reject an item where payment is conditional
and the condition has not been satisfied. For example, we may pay a check which says “void after 30 days” even
though the check is presented more than thirty (30) days after its date.
Large Cash Withdrawals. For security reasons and in order for us to properly prepare for such requests, we require
advance notice for large cash withdrawals. We can refuse an order to withdraw funds in cash or to cash an item if we
believe that the request is a security risk or will result in a hardship on the Bank. We may require you to accept an Official
Check or electronic transfer to receive the funds. If we agree to a large cash withdrawal, you may be required to employ
a courier service acceptable to us and at your risk and expense. If a large cash withdrawal is completed
at a branch you will be required to sign a cash withdrawal agreement or affidavit. Refusal to sign the agreement is grounds
for us to revoke the cash withdrawal and require an alternate delivery for the funds. You understand and agree that the
Bank is not responsible for providing any security regarding any cash withdrawals or deposits.
Substitute Checks. 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 the Bank may be substitute checks. This notice describes
rights you have when you receive substitute checks from the Bank. The rights in this notice do not apply to original
checks or to electronic debits to your account. However, you have rights under other laws with respect to those
transactions.
Your Rights Regarding Substitute Checks. In certain cases, federal laws provide 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
the Bank withdrew the wrong amount from your account or that the Bank 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, returned
item 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 laws.
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 the Bank 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 the Bank received your claim. The Bank may
reverse the refund (including any interest on the refund) if it later is able to demonstrate that the substitute check was
correctly posted to your account.
How to Make a Claim for a Refund. If you believe that you have suffered a loss relating to a substitute check that was
posted to your account, please contact the Bank at 844-4TRUIST or you can visit your local branch. You must contact
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the Bank within forty (40) calendar days of the date that the Bank mailed (or otherwise delivered by a means to which
you agreed) the substitute check in question or the statement for your account showing that the substitute check was
posted to your account, whichever is later. The Bank will extend this time period if you were not able to make a timely
claim because of extraordinary circumstances. We may require that you submit your claim in writing. Your claim will
still be timely if we receive your oral claim within the 40 day time period, and we receive your written claim no later
than the 10th business day after you submitted your oral claim.
• 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
• Copies of the substitute check or the following information to help the Bank identify the substitute check: the check
number, the name of the person to whom you wrote the check, the amount of the check.
Non-Sufficient Funds. An overdraft is created when you have non-sufficient funds in your account to cover a check,
withdrawal, automatic transfer, electronic transaction (e.g., ATM or point-of-sale purchase), returned deposited item, or
any other electronic purchase, payment, or debit when it is presented for payment. If your account is
linked to Overdraft Protection, the overdraft will be paid, pursuant to the terms of the Overdraft Protection Service
section stated in this Agreement (and subject to the funds available in your Overdraft Protection protector account).
Overdraft Protection transfer fees as described in the Business Deposit Accounts Fee Schedule will also apply.
Your responsibility when your account has an overdraft. Only you are in the position to ensure that your account
has sufficient funds to cover all of your checks, debits and fees by maintaining an accurate record of your outstanding
credits and debits. CHECKS OR OTHER ITEMS DRAWN AGAINST NON-SUFFICIENT FUNDS IN YOUR ACCOUNT, WHICH
HAVE NOT BEEN COVERED BY OVERDRAFT PROTECTION, ARE SUBJECT TO A FEE, SET FORTH IN THE BANK’S THEN
CURRENT BUSINESS DEPOSIT ACCOUNTS FEE SCHEDULE. This fee will be charged to your account in accordance with
the terms of this Agreement or any applicable regulations and laws in effect at the time the penalty/fee is incurred. We
may determine whether your account contains sufficient funds to pay a check or other item at any time between the
time the check or other item is received by us and our return deadline and by using any means we choose in our sole,
unilateral and absolute discretion, and only one determination of the account balance is required. The Bank under no
circumstances shall be required to examine or consider balances which you may maintain in your other accounts. If
that determination reveals non-sufficient funds to pay the check or other item, we will not be required to honor the
check or other item and may return it. Alternatively, we may honor the check or other item and create an overdraft.
However, honoring one or more overdrafts does not obligate us to honor any future overdrafts, and you should not rely
on us to honor an overdraft.
We are not required to send you prior notice on any items, such as ACH debits or checks, returned for non-sufficient
funds. You agree to deposit sufficient funds immediately to cover any overdraft and any penalties assessed, and to
reimburse us for any costs, including but not limited to reasonable attorney’s fees, we incur in collecting any overdraft
from you. The amount of the overdraft shall constitute an indebtedness to the bank and shall be due and payable
immediately, without notice or demand.
Overdraft Protection Service. Overdraft protection is an optional service you can add to your checking or money
market account by linking one eligible account. We will use available funds in your linked account, (the “protector”
account), to authorize or pay your transactions if you don’t have enough money in your checking or money market
account (the “protected” account). You can enroll in Overdraft Protection by calling 844-4TRUIST.
Eligible protected accounts include a checking or money market account. Savings accounts are not eligible to enroll in
the Overdraft Protection Service as a protected account.
Eligible protector accounts include a Truist deposit account, Truist credit card, or Truist Line of Credit.
A single Overdraft Protection Transfer or Advance Fee will be assessed any day a transfer/advance is made regardless of
the number of transactions covered. Also, we will not charge a fee unless the transfer/advance covered at least one
pending item, or helped you avoid at least one overdraft or returned item. The fees associated with Overdraft
Protection may be less expensive than the fees for overdrafts and returned items. The Business Deposit Accounts Fee
Schedule explains the fees and other charges that apply to Overdraft Protection. Please review the Business
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Deposit Accounts Fee Schedule carefully. Your protector account can provide Overdraft Protection for more than one
deposit account, but a protected account can have only one protector account. We may cancel your Overdraft
Protection service at any time by sending you notice. Your request to add or cancel Overdraft Protection is effective
immediately. Transfers will be made in exact increments from the protector account to your protected account. This
information is detailed below. Any owner of both the protected account AND the protector account may enroll in
Overdraft Protection without the consent of other owners by calling 844-4TRUIST. Any owner of the protected account
OR the protector account may cancel Overdraft Protection without the consent of other owners by calling 844-
4TRUIST. If you link a jointly owned account, you authorize us to share information about your account with each
owner of the other linked account, such as type of protector account and partial protector account number.
Overdraft Protection from Another Deposit Account allows you to link your checking or money market account
(the “protected” account) to another Truist deposit account (the “protector” account), for Overdraft Protection. The
protector account can be a second checking account, savings account, or money market account. When you do not
have enough available funds in your protected account to cover a debit item, we may automatically transfer funds
from the available balance in your protector account to your protected account. We generally charge an Overdraft
Protection transfer fee for each day a transfer is made. Transfers will be made for the exact amount of the overdraft
plus applicable fees from the protector account to your protected account. If the balance in the protector account is
not sufficient to cover the entire overdraft, the Bank may make transfers to pay individual debit items up to the
available balance in the protector account. However, the Bank reserves the right to not initiate transfers to cover such
overdraft and to return the debit item(s) for non-sufficient funds. An overdraft or returned item fee, as disclosed in
the Business Deposit Accounts Fee Schedule, for each debit item will be charged. Funds you deposit into your
protected account may not be available immediately for Overdraft Protection transfers. Overdraft Protection will be
cancelled if your protected account or the protecting account is closed, or if the linked account has a zero balance.
Please see the Business Deposit Accounts Fee Schedule for more information about Overdraft Protection from
another deposit account.
Overdraft Protection from Your Credit Card allows you to link your checking or money market account (the
“protected” account) to an eligible Truist credit card (the “protector” account) for Overdraft Protection. When you do
not have enough available funds in your protected account to cover a debit item, we may automatically advance
available funds from your protector account and transfer the funds to your protected account. Transfers will be made in
exact increments from the protector account to your protected account. If the available credit on the protector
account is not sufficient to cover the entire overdraft together with the related fees, the Bank may make transfers to
pay individual debit items up to the available credit on the protector account. However, the Bank reserves the right to
not initiate transfers to cover such overdraft and to return the debit item(s) for non-sufficient funds. An overdraft or
returned item fee, as disclosed in the Business Deposit Accounts Fee Schedule, for each debit item will be charged.
An Overdraft Protection advance is made under, and is subject to, the terms and conditions described in the
applicable credit card agreement. We ordinarily do not make an advance if you are in default under your credit card
agreement or if the advance would cause you to exceed the amount of credit available for that type of transaction.
As examples, we may decide not to advance funds from your credit card account if you fail to make a credit card
payment by its due date or if you exceed any credit card limit on your credit card account. The funds advanced are
subject to fees and finance charges under your credit card agreement. Overdraft Protection advances do not have a
grace period and will begin accruing finance charges from the date the advance is posted to your credit card account.
We may also charge an additional Overdraft Protection transfer fee to your protected account for each day a transfer is
made, as disclosed in the Business Deposit Accounts Fee Schedule.
Advances from a Credit Card may be charged at a higher Cash Advance rate of interest. Please see your credit card
agreement for more information about Overdraft Protection from your credit card account.
Overdraft Protection from Your Line of Credit allows to you link your checking or money market account (the
“protected” account) to an eligible Truist line of credit (the “protector” account) for Overdraft Protection. When you do
not have enough available funds in your protected account to cover a debit item, we may automatically advance funds
from your protector account and transfer the funds to your protected account. Transfers will be made in exact
increments from the protector account to your protected account. If the available credit on the protector account
is not sufficient to cover the entire overdraft together with the related fees, the Bank may make transfers to pay
individual debit items up to the available credit on the protector account. However, the Bank reserves the right to not
initiate transfers to cover such overdraft and to return the debit item(s) for non-sufficient funds. A transfer may not be
available if the line of credit is blocked due to a late payment. An overdraft or returned item fee, as disclosed in the
Business Deposit Accounts Fee Schedule, for each debit item will be charged. The Overdraft Protection advance is
made under, and is subject to, the terms and conditions described in the line of credit agreement. We ordinarily make
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the advance as long as you are not in default under the line of credit agreement and as long as the advance does not
cause you to exceed the amount of your available credit on your line of credit. The funds advanced are subject to fees
and finance charges under the line of credit agreement. Overdraft Protection advances do not have a grace period
and will begin accruing finance charges from the date the advance is posted to your line of credit account. We may
also charge an additional Overdraft Protection transfer fee to your protected account for each day a transfer is made,
as disclosed in the Business Deposit Accounts Fee Schedule.
Please see your line of credit agreement for more information about Overdraft Protection from your line of credit.
Duty to Safeguard Account. You have a duty to safeguard access to your account (including any credit accounts),
account information, checks, signature stamps, account security codes, passwords, or personal identification
numbers (“PIN”) and personal identification. If there are any unauthorized transactions or suspicious activity on your
account, including unauthorized checks or debits on your account or lost, stolen or missing checks, we strongly
advise that you close your current account and open a new one, and if available, implement a service that is
designed to help detect and/or deter fraud. If you do not close your account, or if you fail to implement the service
that was recommended to you after a fraud occurred of the kind the service was designed to prevent, you agree that
the Bank is not liable to you for any subsequent debits, unauthorized transactions, losses or damages that occur on
your account.
You agree to report any lost or stolen check(s) or any unauthorized transaction(s) on your account immediately upon
discovery. We may require that you close the account and open a new account. If you fail to report such a theft or loss,
you will assume full responsibility if the Bank should pay such items. If you permit any person to have access to any
place in which you store your checks, you agree that the failure to keep your checks locked and secure shall constitute
negligence and the Bank shall not be responsible for any such checks that are subsequently stolen and forged.
To guard against the disclosure and unauthorized use of personal information, you agree not to pre-print or write your
Social Security Number, date of birth, driver’s license number or other personal information on your checks or other
items issued on your account. If such information is included on your checks or other items drawn on your account,
you agree that the Bank will not be liable for the improper use of any such information by an individual or entity,
regardless of how the individual or entity obtained or used the information.
You agree to place a stop payment on any lost or stolen check if such item has not already been paid. The Bank shall
also not be responsible for paying any such item had you reported or stopped payment in a timely manner.
You agree to keep any account information, security code, password, PIN or personal identification used to access
your deposit or credit account(s) secure and strictly confidential and not to disclose such information to any other
person. You must notify the Bank immediately if this information is lost or has become known to, or been used by, an
unauthorized person. You acknowledge that the Bank has no method to determine whether a transaction conducted
with use of a valid name, account number, and security code or personal identification was proper, and therefore
authorize the Bank to complete any transaction involving your account made with the use of such information.
Subject to applicable law, you agree to be responsible for any transaction initiated with the use of a valid name,
account number, security code, or personal identification, and agree that the Bank shall have no liability for any loss,
claim, or damage you sustain as a result of the use of your security code or personal information described above
whether such transaction was authorized or not. These rules apply to all checking, savings, or credit accounts in which
a check, draft, or other item is used to withdraw or transfer funds.
Fraud Detection Products. Bank offers products and services that are designed to detect and/or deter fraudulent activity that
can occur on your account (the “Mitigation Services”). At account opening and at various times during the life of your account,
the Bank may recommend certain Mitigation Services based on your account type, services, activity, or anticipated activity. If
you decide not to enroll in the recommended Mitigation Services, or fail to use the Mitigation Services as intended, you will be
treated as having assumed any risk of loss that could have been prevented by the Mitigation Services. Except for the Bank’s
gross negligence or bad faith, if you refuse to enroll in Mitigation Services when offered, you will be precluded from asserting
against the Bank any claim for an unauthorized or fraudulent transaction on your account that the Mitigation Services were
designed to detect or that may have likely given you an opportunity to detect an unauthorized or fraudulent transaction and
possibly stop or reject such transaction, and we will have no duty to re-credit your account for any losses you thereafter incur,
and you waive any right to assert a claim against the Bank for such losses. At your request, Bank may attempt to recover funds
from an unauthorized or fraudulent transaction. In such cases, you agree to indemnify and hold Bank harmless from any liabilities,
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costs and expenses Bank may incur for its efforts in attempting to recover such funds on your behalf. Bank's attempts to recover
funds are handled as a courtesy and shall not be an acceptance of responsibility for the unauthorized or fraudulent transaction,
and Bank does not guarantee the recovery of any funds.
Duty to Review Account Statement. You agree to review your account statement within thirty (30) days from the
statement date. Because you are in the best position to discover an unauthorized signature, any alterations that include
an alteration to the amount of a check, a counterfeit item, or other error on the statement itself (including any item
improperly charged to your account, any deposit not credited to your account, any unauthorized transaction, or any
incorrect or improper amount, fee or interest calculation), you agree that, without regard to care or lack of care by you
or the Bank, and except as otherwise may be required by applicable law, we will not be liable for any such items or
transactions and you will be precluded from any recovery from the Bank if you have not reported such items or
transactions in writing to the Bank within thirty (30) days from the statement date of the earliest statement
containing those items or transactions. Additionally, we will not be liable for any alteration that involves only the
payee name(s) on a check, any unauthorized, forged, improper or missing endorsements, or other defects affecting
title on any item charged to the account if you fail to notify the Bank within 180 days from the statement date of the
earliest statement containing those items or transactions. The Bank will also not be liable for forgeries on your
account committed by the same person if you fail to report the first forgery(s) within thirty (30) days from the
statement date containing the first forgery(s). If you choose not to receive your statements, you remain responsible to
review and report any errors within thirty (30) days from the statement date. If you are absent from your account
mailing address, you are responsible to make arrangements to have your statements reviewed for errors and report
them in a timely manner.
Duty of Care. You agree that you will exercise ordinary care in handling your account. In exercising ordinary care, you
shall have the duty to: carefully examine your bank statements [and any other notice(s)] for fraudulent or unauthorized
transactions and promptly notify the Bank of fraudulent or unauthorized transactions; timely reconcile your bank
statement to detect any other account discrepancies including any missing or diverted deposits; implement security
precautions regarding the use and access to your account by use of any access device including checks, drafts or
security codes, passwords, or other personal identification numbers; implement security precautions regarding the use
and access to any signature stamp; conduct background checks on any individual who has authority to prepare your
checks or reconcile your bank statements; independently review the work of any
person who is responsible for reconciling your bank statement and preparing checks on a monthly basis; and comply
with all other duties imposed on you under this Agreement or under applicable state law. Your failure to exercise
ordinary care will constitute negligence and will preclude you from asserting against the Bank any unauthorized
transaction on your account.
You acknowledge that the Bank processes its checks by automated means and is under no duty to examine each
item presented for payment. You acknowledge that the Bank’s automated check payment and notification procedure
applies to all items presented for payment against your account including checks or other withdrawal orders
presented directly over the counter at any branch location. You agree that such automated check payment and
notification procedure is commercially reasonable. You and the Bank, pursuant to applicable law, therefore agree that
the Bank shall be deemed to have exercised ordinary care if it adheres to a standard of manual or mechanical
examination of a random sampling of items being processed for payment. These items may represent a sampling or
selection of items drawn on all accounts, or items which meet certain minimum criteria established by the Bank for
manual or mechanical inspection (such as large amounts). The Bank shall be deemed to have acted in good faith and
in accordance with reasonable commercial standards in paying any items forged or altered so cleverly (as by
unauthorized use of a signature stamp, facsimile machine or otherwise) that the unauthorized signature, endorsement,
or alteration could not be detected by a reasonable person.
The Bank’s policies and procedures are general internal guidelines for the sole benefit of Bank and do not establish a
higher standard of care for the Bank than is otherwise established by the laws governing your account. A clerical error
or honest mistake will not be considered a failure of the Bank to perform any of its obligations. If the Bank waives any
of its rights as to you or your account on one or more occasions, it will not be considered a waiver of the Bank’s rights
on any other occasion.
Limitation to File Claim. You agree that no legal proceeding or action may be commenced against the Bank to
recover any amounts alleged to have been improperly paid out of the account due to any unauthorized signature or
endorsement, any alteration, or any other fraudulent or unauthorized transaction unless: (a) you have timely reviewed
your account statement and provided the written notices as required above and (b) such proceeding or action shall
have been commenced within one year from the date the statement containing the unauthorized transaction was
made available to you. As used herein, a proceeding or action is commenced when you file suit in a court of
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competent jurisdiction, or if the action is subject to arbitration, when you give the Bank written notice of such action.
Any proceeding or action not brought within one year from the date of the first statement containing the unauthorized
transaction is forever barred.
Duty to Cooperate. If you report any unauthorized transaction on your account, you agree to cooperate with the Bank
in its investigation of the claim. This includes preparing an affidavit or statement containing whatever information the
Bank requires concerning the account, the transaction, and the circumstances surrounding the loss. You also agree to
file a criminal report and upon our request, to provide us with a copy of the report, and testify against any suspected
wrongdoer and waive any claims against the Bank if you fail to do so or if you enter into any settlement, compromise, or
restitution agreement with the wrongdoer without the consent of the Bank. The Bank may reverse any credit or
reimbursement should you fail to file the criminal report or refuse to testify against the wrongdoer.
You agree that you cannot and will not bring any legal action or arbitration claim against us unless you have first
provided the affidavit or statement described within this section.
Duty of Insurance. You agree to pursue all rights under any insurance policy you maintain before making a claim
against the Bank in connection with any unauthorized banking transaction. You agree to provide the Bank with
all reasonable information about any insurance coverage, including the name of the insurance carrier, the policy
number, policy limits, and applicable deductibles. The Bank’s liability, if any, will be reduced by the amount of any
insurance proceeds you are entitled to receive. At the Bank’s request, you agree to assign your rights under any
insurance policy to the Bank.
Limitation of Liability. You agree that the Bank has a reasonable time to investigate the facts and circumstances
surrounding any claimed loss and that the Bank has no obligation to provisionally credit your account before or during
the investigation, unless required by law. If we do credit your account, you agree that such credit is not considered
final payment. If a credit is given to your account at any time and the Bank determines that the original debit to your
account was proper, you agree that the Bank may reverse the credit to you at any time whether it originally advised
that the credit was provisional. The Bank’s maximum liability is the lesser of actual damages proved or the amount of
the unauthorized withdrawals, reduced by an amount which could not have been realized by the use of ordinary care.
In no event will the Bank be liable for special or consequential damages, including attorneys’ fees incurred by you. The
Bank will not be liable for any items that are forged or altered in such a way that such forgery could not be reasonably
detected.
If you request a stop payment on a check that is presented to us for payment electronically (such as a substitute
check, converted check, remotely created check, or imaged check) that does not contain the check number, we will
attempt to stop payment based on the information you provided. We will have no liability for our inability to stop
payment on such an electronic item as our stop payment process is dependent upon the ability to read a check
number. You may be charged a stop payment fee even if we are unable to affect your stop payment order.
Facsimile Signatures. The Bank may refuse to accept a request from you to use a machine or “facsimile signature” on
your account. If we do agree, you must provide us with a specimen of any machine or facsimile signature and your
name must be listed on the signature card for the account. Regardless of whether you have provided a specimen of
the facsimile signature, if you use a machine or facsimile signature, you are responsible for any check, draft, item or
other written order when bearing or purporting to bear a machine or facsimile signature of any of the authorized
signers, regardless of by whom or by what means the item was created. You assume all liability for and indemnify us
from the unauthorized use of any machine or facsimile signature. If you use any type of machine or facsimile
endorsement on any item, you agree that we may accept any future machine or facsimile endorsement on an item as
your endorsement regardless of by whom or by what means the actual or purported machine or facsimile
endorsement may have been affixed.
Bookkeepers. In the event you authorize any third person, such as a bookkeeping service, an employee, or agent of
yours to retain possession of or prepare items or make deposits, issue payments, wires or other transfers, you agree to
assume full responsibility for any errors or wrongdoing by such third party or any of their employees, including if the
Bank should pay such items or allow the negotiation of any part of a deposit, including receiving any cash back. You
agree that we may deny a claim for loss due to forged, altered or unauthorized checks, endorsements or unauthorized
payments, wires or other transfers if you fail to follow these procedures.
6. BANK’S STIPULATIONS/RIGHT TO CLOSE ACCOUNT. We may at any time, in our discretion, refuse to open an
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account, refuse any deposit, refuse to cash a check, limit the amount which may be deposited, or return all or any part
of a deposit. Further, the Bank may discontinue or refuse to offer you any account, service or product at any time. In
addition, the Bank may close your account at any time and for any reason or for no reason without advance notice. If a
determination by the Bank is made to close your account, a hold may be placed on the account until the funds are
released to you. If we close your account we may give you either oral or written (includes electronic) notice of our
intention to close the account. If given in writing, the notice will be sent to your address or e-mail shown on our records.
Upon notice, you must stop conducting transactions on your account. We shall not be liable for dishonoring any items
initiated after the date of the notice. In the event that you have not closed your account, we will close the account and
mail you a check for the remaining balance in the account after deducting any applicable fees and charges to the
address we have on record, or you may arrange delivery of the check at a mutually agreeable location. We may also
deliver the remaining balance in any business or organization account to any authorized representative listed on our
records for the business or organization. Closing the account does not release you from the payment of accrued fees or
liability for items in process. The Bank may in its discretion close your account without prior notice if the account has a
zero or negative balance, or if we believe it necessary to protect the Bank, its employees or others from risk, harm or
loss. Any waiver by the Bank of its right to close an account for cause shall not be a waiver of our right at a later time
to close your account for the same or similar reasons. Once we have closed your account, we can, without liability to
us, refuse to honor any withdrawal requests, checks, or other items presented for payment after we closed your
account. We further reserve the right to reject any deposit that is made to a closed account by returning the item or
by crediting the item to another active account of yours. We reserve this right notwithstanding that the deposit may
have been processed and/or that you were given a receipt for the deposit. The deposit receipt shall not constitute
acceptance of funds in such instance and we shall have no liability for any items returned unpaid which are drawn on
a closed account even if you attempt to make a deposit to the account. You may close your account at any time but
must first notify the Bank in writing, or by contacting one of our branches or offices of your intent to close the
account. Your failure to notify us may result in additional fees or charges on the account and you shall remain liable
for any items in process. A notation written on the face of a check does not constitute the required noti fication to the
Bank. We may accept deposits to an account after it is closed in order to pay any fees or charges due and any
amounts outstanding and unpaid. Acceptance of any deposit does not require us to reactivate or reopen the account.
You agree that the Bank may report your account to Early Warning Systems or other consumer reporting agencies if it is
closed due to a negative balance, fraud, or other inappropriate activity. If we close your account because the account
has an overdrawn balance, which we charged off, you agree we may report this closure. Such reporting may
adversely affect your ability to open an account at another financial institution or to write or negotiate checks at
retailers or merchants. For disputes regarding credit information provided by the Bank to Early Warning Systems or
other consumer reporting agencies you must send the dispute information to P.O. Box 849, Wilson, NC 27894.
7. RIGHT TO FREEZE ACCOUNT. We may suspend payment and/or place a hold on your account in our sole discretion
and under any circumstance including, but not limited to: (a) if the Bank determines that the ownership of funds or the
right to debit or make withdrawals from your account is in dispute. For purposes of this section, “dispute” may include
such disputes between you and the Bank involving the account, disputes between you and an authorized signer or
other joint owner, or any situation where a third party takes action or gives notice to the Bank of any claim on the
account or funds contained therein, regardless of whether the Bank is involved in such dispute, as well as any other
situation in which there is an allegation of fraud or mistake or the Bank is uncertain as to the ownership or payment of
funds; (b) you owe the Bank or any of its affiliates money, or the Bank or any of its affiliates has a claim against you for
the payment of money, regardless of whether such claim is disputed, unliquidated, or contingent; (c) we detect or
suspect any unauthorized, unlawful or irregular activity related to your account including but not limited to transactions
prohibited by any law, rule or regulation, including the Unlawful Internet Enforcement Act; (d) you have committed or
are suspected of committing an allegedly fraudulent act, or, if any claim, whether oral or written, has been made upon
the Bank due to your actions; or (e) upon notice of a bankruptcy filing. Payment will be suspended and/or a hold will
remain on your account until the dispute, allegation, or problem is resolved or determined to the Bank’s satisfaction. In
no event will the Bank be liable for any delay or refusal to follow instructions or for returning items unpaid that occur as
a result of a dispute or uncertainty over the ownership or control of your account or the suspension or freezing of your
account for any of the reasons stated above. In the event we receive a documented claim for a forged, irregular, altered
(including payee and dollar amounts), or unauthorized endorsement on a check or draft deposited into your account,
the Bank is authorized to debit your account for the amount of the claim, without prior notice to you. The Bank will
have no liability for honoring the claim.
You agree to be liable to the Bank for any loss, costs, including but not limited to reasonable attorney’s fees, or
expenses, to the extent permitted by law that we incur as a result of any dispute brought by a third party involving your
account. You authorize us to deduct any such loss, costs, or expenses from your account without prior notice to you.
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8. RIGHT OF SETOFF. You hereby assign and grant to the Bank a security interest in all accounts as security for your
obligations to the Bank existing now or in the future. As is lawfully permitted and without prior notice to you, the Bank may
exercise its right of setoff against your accounts to repay any debt you or any co-owner as principal, endorser,
guarantor or otherwise owe to us (herein defined to include, the Bank, our parent, affiliates, subsidiaries, divisions
and departments). This means that we have the right to apply part or all of the funds in your account for the satisfaction
of any debt you or any co-owner of the account owes us. You agree that our right of setoff applies to any debt or
obligation owed to the Bank (whether present or future, contingent or otherwise, as principal or surety or otherwise)
and is not conditioned on, or limited by, the complete mutuality of the parties obligated on the debt and owners on the
account, the maturity of the debt, giving notice to you, or the availability of any collateral securing the debt. If you open a
new deposit account, we may use any funds in this new account to offset balances previously owed to us. If your account
is an individual account, our right of setoff may be exercised to repay your debts, whether they are owed by you
individually or jointly with others. All of the funds in a joint account may be used to repay the debts of any co- owner,
whether they are owed individually, by a co-owner, jointly with other co-owners, or jointly with other persons or
entities having no interest in your account. Debts subject to our right of setoff include those owed by you from another
joint account in which you are a co-owner even though the debt may not have been directly incurred by you, as well
as debts for which you are only secondarily liable. Our security interest and our right of setoff also applies: (i) when
we give you credit for or cash a third-party check which is returned to us unpaid for any reason or is counterfeit
regardless of the timing of said return; (ii) to cover overdrafts created in any account held by you or in which you have
an interest whether or not you consented to the overdraft or are otherwise responsible for it; (iii) to recover service
charges or fees owed by you or any joint owner of your account; and (iv) to reimburse the Bank for any costs or
expenses in enforcing its rights, including, without limitation, reasonable attorneys’ fees and the costs of litigation to
the extent permitted by law. We may exercise our right of setoff or security interest even if the withdrawal results in
an early withdrawal penalty or the dishonor of subsequent checks. You agree that the Bank will not be responsible for
dishonoring items presented against your account when the exercise of our right of setoff or security interest results
in insufficient funds in your account to cover the items. Our right of setoff or security interest may be exercised before
or after the death of an account holder and can follow the proceeds to any other account held at the Bank. Failure of
the Bank to exercise its right of setoff as provided herein on any occasion when the right arises does not affect the
Bank’s right to exercise its right of setoff at a later time for the same occurrence or for any subsequent occurrence.
The security interest granted by this Agreement is consensual and is in addition to the Bank’s right of setoff and any
rights under applicable law. Certain federal or state laws may be interpreted to protect funds received from federal or
state agencies from setoff. You agree that our right of setoff includes the right to use proceeds from all funds deposited
into your account, including funds received from the Social Security Administration and other federal or state agencies,
to pay debts, including overdrafts and account fees. By continuing to deposit these funds into your account you agree
to allow the Bank to exercise its right of setoff against these funds, and not to assert any claim or defense that these
deposits are exempt from setoff based on any federal or state law, rule, or regulation.
9. STOP PAYMENT ORDERS. Any authorized signer on an account may stop payment on a check or draft drawn on the
account, if the check or draft has not already been paid or cashed by the Bank.
You may request a stop payment on an Automated Clearing House (ACH) debit to your account if the item has not
already been paid. You are responsible for notifying the originator/sender that you have revoked your previous
authorization for ACH debits.
You may not stop payment on a Debit Card point-of-sale transaction, ATM transaction or a transaction that you initiate
by check, which a merchant converts to an electronic transfer at the point of sale. We may, but are not required to,
accept oral or written stop payments, even though the person who is requesting the stop payment is not the
authorized signer who signed the item. You must describe with certainty the check or draft to be stopped. If you do not
provide the check number, payee and the exact amount of the item, we will not be liable for misidentification or
payment of the item and failure to honor the stop payment order.
A stop payment order must be received in such a manner that affords us a reasonable opportunity to act upon it. In
some cases, we may pay an item even if a stop payment order is in process. For example, if one of our banking offices,
without notice of your request, cashes a check that you have asked us to stop, we may still pay the check. If the
Bank pays an item over a valid and timely stop payment order, the Bank is responsible only to the extent that you can
establish that you have incurred actual damages. If your account is re-credited, you agree to transfer to us all of your
rights against the payee or other holder of the item, and to assist us in legal action taken later against that person.
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There is a fee for the special handling involved with a stop payment order. If you make an oral stop payment, you will be
required to confirm the request in writing within 14 days after the Bank received the oral stop payment, unless the Bank
sends a stop payment confirmation, which will suffice as the written request. A stop payment order on a check or a
non-consumer account will be effective for six months from the date of the written request unless renewed prior to the
expiration of the request. If not renewed, an item that is presented or re- presented to the Bank for payment may be
paid. Each renewal is treated as a new stop payment order and subject to the Bank’s stop payment fee. A release or
cancellation of a stop payment order may be given by any Depositor or authorized signer on the account; however,
such a release or cancellation must be delivered to us in writing.
10. LEGAL PROCESS ON YOUR ACCOUNT. You acknowledge and agree that because the Bank has offices in multiple
states, if any legal process is served upon the Bank, we may honor such service, regardless of where or how served.
You agree that we may accept any legal process we believe to be valid and that we may, in our discretion, waive such
service and accept legal process by mail, electronic mail, facsimile or other means. If we receive any court order or
similar process, or if we are required to suspend payment by any law or regulation including, but not limited to those
issued by the Office of Foreign Assets Control, we may suspend payment or comply with the terms of the order or
similar process on any account that we reasonably believe to be affected by the order. Payment will be suspended
until final resolution of such court order or similar process or until the applicable law or regulation authorizes
resumption of payments, even though such suspension or compliance may be due to inadvertency or error due to the
similarity of names of Depositors or other mistakes. If your account is attached, garnished, or otherwise subject to
levy by a court order or similar lawful legal action, we will not be liable to you for any sums we reasonably determine to
pay or freeze because of such attachment, garnishment, or other levy, even if paying or freezing the money from your
account leaves non-sufficient funds to pay a check you have written. After receiving legal process, if we reasonably
determine that are required to freeze or remove the funds at issue from your account, you agree that we are not
required to pay interest on such funds. If we incur any expenses including, without limitation, reasonable attorney’s
fees in responding to a court order or similar process in which we are not a named party that is not otherwise
reimbursed, we may charge such expenses to your account without prior notice to you. Any attachment, garnishment
or other levy against your account is subject to the Bank’s right of setoff and security interest. The Bank’s fees for
garnishment, levy, or other attachment against your account are due when the garnishment, levy or other process is
issued, and the Bank may offset these fees from your account prior to honoring any garnishment, levy, or other
attachment. All funds held in a joint account may be subject to satisfy any legal process against you or your account
pursuant to applicable law notwithstanding any claim or assertion of actual ownership of the funds in the account.
11. POWER OF ATTORNEY. The Bank may in its sole discretion refuse to honor or accept a Power of Attorney to open,
close, deposit, or withdraw funds from your account or to supply endorsements on checks or any other item or
to take any other action with respect to your account. We may require the agent or attorney-in-fact to confirm in an
affidavit that the power has not been revoked or terminated or that you are not deceased. We may continue to
recognize the authority of your agent or attorney-in-fact until we receive and have a reasonable opportunity to act
upon notice of your death or written notice of revocation or termination of the Power of Attorney. We may require that
you register the Power of Attorney with the appropriate recording authorities. As may be permitted, we reserve the right
to restrict the nature or size of the transactions the agent or attorney-in-fact may conduct on your behalf and we may
require that you personally authorize such transactions. The Bank may permit the principal or an authorized signer to
conduct transactions against the account even if the Bank has recognized a Power of Attorney to the account. The
principal shall have access to an account opened in his/her name under a Power of Attorney despite not having signed
a signature card. The Bank in its sole discretion may refuse to recognize a Power of Attorney executed by one joint
owner of a Joint Account without the consent of the other Joint Account owner(s). You agree to indemnify and hold
Bank harmless for accepting and/or honoring any Power of Attorney, or copy thereof, which Bank accepts in good
faith and believes is valid and authorized by you.
12. GOVERNING LAWS. Your account is governed by the terms of this Agreement, the laws and regulations of the United
States and, to the extent state law is applicable, the laws of the state where your account is located. The Bank
determines where your account is located as follows:
• If you opened your account in person, it is located in the state where you opened it;
• If you opened your account by telephone, mail, online or other remote means, and you resided in a state where we had
branch offices at that time, it is located in that state;
• But if, at the time your account was opened, you resided anywhere other than a state where the Bank has a branch
office, your account is located in North Carolina and the applicable state law will be North Carolina.
If state and federal law are inconsistent, or if state law is preempted by federal law, federal law governs. Additionally,
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the account is subject to the Uniform Commercial Code, except as specifically amended herein, applicable Federal
laws and regulations, and Federal Reserve and clearing house rules and procedures in effect from time to time. In the
event no party elects to arbitrate a Claim, you and the Bank agree that any lawsuit or other such proceedings arising
from or relating to a Claim (other than small claims, as provided in the arbitration provision of this Agreement) shall be
subject to the exclusive jurisdiction of the courts of the state whose law governs your account without regard to any
conflicting choice of law rules and that venue shall lie in the same state as the law governing your account exclusive of
any other state or jurisdiction.
13. LIABILITY LIMITATION. To the extent permitted by applicable law: (a) we shall not be liable for any liability, loss, or
damage that may arise when we are acting in accordance with applicable laws, regulations, rules, this Agreement, or
our agreements with any financial institutions regarding the transaction of your business under the account or by any
acts or conditions beyond our control: (b) IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL ANY
PARTY BE LIABLE TO EACH OTHER OR ANY THIRD-PARTY FOR SPECIAL, PUNITIVE, INCIDENTAL,
EXEMPLARY, CONSEQUENTIAL, OR INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION,
LOSS OF PROFITS, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES;
and (c) we shall only be liable for your damages, as provided in this section, caused by our gross negligence or
wanton and intentional misconduct.
14. CONTACT AND ALERTS. In order for us to service your account, we may contact you by phone, text, email or mail.
You give the Bank and its agents express consent to contact you at any telephone number, email address or physical
address that you have provided to us. When we call you, you agree that we may leave prerecorded or artificial voice
messages. You also agree that we may use automatic telephone dialing systems in connection with calls or text
messages sent to any telephone number you give us, including wireless numbers that may result in charges to you.
15. DORMANT ACCOUNTS. An account may be classified as “dormant” if there has been no owner generated activity on
the account, including any deposits to or withdrawals from the account, or other account related contact for a period
of twelve months or more. Recurring or Automatic Clearing House (ACH) or other similar electronic deposits or debits
are not considered to be owner generated activity except where allowed by applicable state law. For an account
classified as “dormant” we may, at any time in our discretion, reject any transaction in order to protect the account
against unauthorized activity. For any “dormant” account, we reserve the right to cease charging any non-transaction
based account fees previously assessed to the account if required by state law. Assessment of such fees will
recommence without additional notice when the account is no longer “dormant”. In accordance with governing state
law, accounts for which there have been no owner generated activity for the statutory number of years will be closed and
transferred to the state or other designated governmental agency under its escheatment laws. To recover funds from
your account following escheatment, you must file a claim with the applicable agency. You agree that we may rely on
an address change or notification received by us from a third party vendor or the U.S. Postal Service and other
governmental sources to update your address on our records (though such update will not be considered owner
generated activity).
16. AUTHORIZATION OF TRANSFERS. You authorize the Bank to make transfers of funds from time to time from any
deposit or credit account upon instruction of any individual using a correct account name, account number, security
code, confidential identification number, or other information the Bank has on file about you, your account or any
other authorized signer on your account, and whether given orally, by telephone, in person, in writing, through an
ATM, point-of-sale terminal, or any other method. Any such transfers may also be governed by separate agreement
with the Bank pertaining to such services. You acknowledge that the Bank has no method to determine whether a
transaction conducted with the use of a valid account name, account number security code or other information
which the Bank has on file about you or your account was proper and therefore authorize the Bank to complete any
such transaction in which the Bank receives such identifying information.
1. CHECKING SUB-ACCOUNTS. All interest bearing and non-interest bearing checking (transaction) accounts offered by
the Bank are designated as “Money Management Accounts.” Savings and “money market” deposit accounts are not
considered “Money Management Accounts.” For most purposes, Money Management Accounts are treated as a single
account for certain record keeping, fees, minimum balances, and paying items.
For regulatory accounting purposes, your checking account will consist of two “subaccounts” on our records. One
sub-account is a checking account of the type designated by the account title (“Checking Sub-Account”). The other
sub-account is a money market account (“Money Market Sub-Account”). If the checking account is interest bearing,
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interest will accrue on the combined collected balance on deposit in both of these sub-accounts at the interest rate
established for the applicable checking account. Therefore, the Annual Percentage Yield (APY) earned for the account
is based on the combined collected balance on deposit in both sub-accounts during the statement cycle. If the
checking account is non-interest bearing, no interest will be paid on the sub-account.
The Checking Sub-Account is classified as a “transaction” account from which an unlimited number of transfers of funds
may be made; the Money Market Sub-Account is classified as a “money market” account in which case the number of
transfers of funds from the account may be limited to six (6) per statement cycle. The limitation on transfers from the
Money Market Sub-Account during a statement cycle is the determining factor for the procedure for transfers between
the sub-accounts described below.
Funds on deposit in the Money Market Sub-Account may be maximized during each monthly statement cycle by
automatic transfers from the Checking Sub-Account, which will minimize Funds on deposit in the Checking Sub-
Account. In order to accomplish this goal, funds on deposit in the Checking Sub-Account in excess of the Target
Balance, which is defined below, may be automatically transferred to the Money Market Sub-Account until such time in
each monthly statement cycle that a total of six (6) transfers have been made from the Money Market Sub-Account back
to the Checking Sub-Account to cover checks presented for payment or debits made from the Checking Sub -
Account. Following the sixth such transfer from the Money Market Sub-Account to the Checking Sub-Account, no
further transfers will be made from the Checking Sub-Account to the Money Market Sub-Account until the beginning of
the next monthly statement cycle.
The Target Balance is a designated balance which is maintained in the Checking Sub-Account by automatic transfer of
funds from the Money Market Sub-Account. The Target Balance is established for each Checking Sub-Account based
on the type of checking account designated by the Bank as a Money Management Account and is subject to change
from time to time without notice.
If checks presented and debits made against the Checking Sub-Account during the monthly statement cycle exceed
the established target balance in the Checking Sub-Account, a transfer from the Money Market Sub-Account to the
Checking Sub-Account will automatically be made by the Bank in an amount sufficient to pay the check(s) presented or
debits made and to re-establish the Target Balance. The remaining balance in the Money Market Sub-Account
will be transferred to the Checking Sub-Account, when the amount of the item(s) presented or debits made to the
Checking Sub-Account plus the Target Balance exceeds the balance on deposit in the Money Market Sub-Account.
Upon the sixth transfer from the Money Market Sub-Account to the Checking Sub-Account during any monthly
statement cycle, the entire balance remaining in the Money Market Sub-Account shall be transferred to the Checking
Sub-Account. At the end of each monthly statement cycle all funds on deposit in the Checking Sub -Account in excess
of the Target Balance will be automatically transferred to the Money Market Sub-Account and the transfer process
will begin anew.
The structure of the Money Management Accounts has no effect on the applicability of FDIC insurance coverage to the
account.
2. NON-INTEREST BEARING CHECKING ACCOUNTS. The Bank offers several non-interest bearing business checking
accounts. Most accounts come with a standard monthly maintenance fee. Some accounts also offer certain qualifiers
to avoid the monthly maintenance fee. Others have benefits that help reduce or eliminate fees. Refer to the Business
Deposit Accounts Fee Schedule for the account details and fees associated with your deposit account, including
monthly maintenance fee, balance requirements to avoid the monthly maintenance fee, and other fees that may
apply to your account and how certain fees can be avoided.
Transfers and Withdrawals. You may make transfers or withdrawals to or from these accounts in any amount, at any
time, and by any means acceptable to the Bank, with no limitation on the number of transfers, including third- party
transfers.
3. INTEREST BEARING CHECKING ACCOUNTS. The Bank offers several interest bearing business checking accounts.
Most accounts come with a standard monthly maintenance fee. Some accounts also offer certain qualifiers to avoid
the monthly maintenance fee. Refer to the Business Deposit Accounts Fee Schedule for the account details and
fees associated with your deposit account, including monthly maintenance fee, balance requirements to avoid the
monthly maintenance fee, and other fees that may apply to your account and how certain fees can be avoided.
Transfers and Withdrawals. You may make transfers or withdrawals to or from these accounts in any amount, at any
time, and by any means acceptable to the Bank, with no limitation on the number of transfers, including third- party
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transfers.
Compounding and Crediting of Interest. The Bank will begin to accrue interest on items deposited in an interest
bearing transaction account no later than the first business day on which the Bank receives credit for such items.
Interest is compounded daily and credited on the last day of the statement cycle. If the account is closed before
interest is credited, you will not receive the accrued interest. For IOLTA accounts only, interest is not compounded but
it is based on simple interest and it is credited to a separate legal services account on the first business day after the 5th
of the following month. For Analyzed Interest Checking accounts only, interest is not compounded but it is based on
simple interest and credited to the account on the first business day after the 20th of the following month.
Balance Calculation. Interest is calculated on the full amount of the collected balance in the account each day. The
daily balance method is used to calculate the interest in accounts. Under this method, a daily periodic rate of interest is
applied to the collected balance in the account each day. (For IOLTA accounts only, interest is calculated on the full
amount of the average monthly collected balance. For Analyzed Interest Checking accounts only, interest is calculated on
the average positive monthly collected balance less balances required to offset or reduce balance-based service fees.)
Variable Interest Rate. All interest bearing business checking accounts are variable rate accounts, and may be a rate
of zero. The Bank, at its discretion, may change the interest rate on the account at any time. Interest may be
calculated on certain interest bearing business checking accounts based upon a tiered rate schedule where different
rates may apply according to the balance maintained in the account.
4. MONEY MARKET AND SAVINGS ACCOUNTS. The Bank offers business money market and savings accounts. Each
account comes with a standard monthly maintenance fee or has certain qualifiers to avoid monthly maintenance fee.
Refer to the Business Deposit Accounts Fee Schedule for the account details and fees associated with your deposit
account, including monthly maintenance fee, balance requirements to avoid the monthly maintenance fee, and other
fees that may apply to your account and how certain fees can be avoided.
Limitations on Withdrawals and Transfers. For money market and savings accounts, you are permitted to make
transfers or withdrawals to or from the account in any amount and at any time subject to the Bank’s right to require
seven (7) days written notice prior to withdrawal of all or part of the funds on deposit. Withdrawals and transfers
are subject to fees as disclosed in the Business Deposit Accounts Fee Schedule.
Compounding and Crediting of Interest. Interest begins to accrue no later than the first business day the Bank
receives credit for the deposit of non-cash items. Interest is compounded daily and credited on the last day of the
statement cycle. If the account is closed before interest is credited, you will not receive the accrued interest.
Balance Calculation. Interest is on the full amount of the collected balance in the account each day. The daily balance
method is used to calculate the interest in these accounts. Under this method, a daily periodic rate of interest is
applied to the collected balance in the account each day.
Variable Rate Accounts. Except as otherwise provided, money market and savings accounts will be variable rate
accounts. The interest rate may change at any time and in our sole discretion. Interest may be calculated on certain
money market and savings accounts based on a tiered rate schedule where different rates may apply according to the
balance maintained in the account.
I. CERTIFICATES OF DEPOSIT
General Applicability. The terms, conditions, and disclosures set forth in this section apply to all Certificates of
Deposit, whether they are represented by a written certificate or are book entry Certificates of Deposit (collectively,
“Certificates of Deposit”), unless it is indicated that they are applicable to a specific type of Certificate of Deposit only,
or where the terms and conditions are superseded by terms and conditions set forth on the Certificate, or on the
receipt for a Book Entry Certificate of Deposit, or in some other written contract entered into at the time of the initial
deposit.
Definitions. For purposes of this section, “term” shall refer to the number of days or months for which the Depositor
agrees to have funds remain on deposit at the Bank; “maturity” and “maturity date” refer to the last day of the term of the
Certificate of Deposit. This disclosure is in addition to the Truist New Account Opening Client Summary or Interest Rate
Schedule, and the Certificate of Deposit Receipt.
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Calculation of Interest. Compounding and Crediting. Interest on Certificates of Deposit begins to accrue on the day
of deposit for cash and on us items and no later than the first business day following the day of deposit for non-cash
items. We use the daily balance method to calculate the interest on your account. This method applies a daily periodic
rate to the principal in the account each day. The Annual Percentage Yield (“APY”) assumes interest will remain on
deposit until maturity. A withdrawal prior to maturity will reduce earnings.
By default, interest on all Certificates of Deposit is simple interest and is credited to the principal annually on the
anniversary date of the Certificate of Deposit unless it has a term of less than a year in which event interest is credited
to principal at maturity. Client has the option to request a different frequency of interest payment as well as
the option to have the interest paid to a different account.
Fixed Interest Rate. Fixed Interest Rate Certificates of Deposit pay the rate of interest and APY for the term of the
certificate as provided at account opening or in the renewal notice for each automatic renewal.
Variable Interest Rate. Variable Interest Rate Certificates of Deposit pay the initial rate of interest and APY disclosed at
account opening or in the renewal notice for each automatic renewal period. After the expiration of the initial interest
rate, each Certificate of Deposit is subject to interest rate and APY changes determined at our discretion, based upon
the terms of the individual type of Certificate of Deposit and geographical location.
Renewal. All Certificates of Deposit automatically renew at maturity upon the same terms and conditions as set forth
for the original Certificate except for the interest rate and APY and for any terms and conditions that may have been
modified by the Bank prior to renewal, notice of which has been given in accordance with this Agreement. If the
Certificate of Deposit has a term of less than thirty-two (32) days, you have one grace day beginning the calendar day
after the maturity date to change the term of the Certificate of Deposit. If the Certificate of Deposit has a term of
thirty-two (32) days or more, you may change the term of a Certificate of Deposit by notice to the Bank during the
ten (10) calendar day grace period beginning the day after the maturity date. Changes in the principal amount of the
Certificate of Deposit are subject to the restrictions set forth below. Modifications will be reflected on the renewal
notice. Interest on Certificates of Deposit begins to accrue on the day of deposit for cash items and on us
items and no later than the first business day following the day of deposit of non-cash items. Certificates
of Deposit of any term shall be automatically renewed at the standard interest rate for the same time period as the
original term, at the standard interest rate based on geographical location and the standard interest rate at the time of each
renewal, based on your renewal balance. Unless specifically stated otherwise, bonus or promotional interest
rates and APY offered at the time of renewal will not apply to automatically renewable time deposits.
Additional deposits or partial withdrawals may be permitted at maturity and during the grace period subject to the
following:
Certificates of Deposit with a Term of Less Than 32 Days. Additional deposits or partial withdrawals of principal and
interest may be made on the maturity date or during the one-day grace period after the maturity date. Interest on
Certificates of Deposit begins to accrue on the day of deposit for cash items and on us items and no later than the first
business day following the day of deposit of non-cash items.
Certificates of Deposit with a Term of 32 Days or More. Additional deposits and partial withdrawals of principal and
interest may be made on the maturity date or during the ten (10) calendar day grace period beginning on the day
after the maturity date. Interest on Certificates of Deposit begins to accrue on the day of deposit for cash items and on
us items and no later than the first business day following the day of deposit of non-cash items.
Redemption. The following restrictions apply to the redemption of a Certificate of Deposit without penalty and the
payment of interest after maturity:
Automatically Renewable Certificates of Deposit with a Term of Less Than Thirty-Two (32) Days. Redemption
without penalty may be made on the maturity date or during the one day grace period following the maturity date.
If not redeemed or modified within the grace period, the Certificate of Deposit shall accrue interest at the standard
interest rate and APY based on geographical location and the standard interest rate and APY at the time
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of each renewal, based on your renewal balance
Automatically Renewable Certificates of Deposit with a Term of Thirty-Two (32) Days or More. Redemption
without penalty may be made on the maturity date or during the ten (10) calendar day grace period beginning the day
after the maturity date. If the Certificate of Deposit is redeemed within the grace period, interest will not be paid for the
days after the maturity date through the date of redemption. If not redeemed or modified within the grace period,
interest shall accrue at the standard interest rate and APY based on geographical location and the standard
interest rate and APY at the time of each renewal, based on your renewal balance.
Withdrawal of Interest. With the Bank’s consent, you may make a withdrawal of all or part of the accrued interest on a
Certificate of Deposit prior to its maturity date provided that the remaining balance is at least equal to the original
principal amount of the Certificate of Deposit.
Withdrawal of Principal Prior to Maturity. Withdrawals of principal from a Certificate of Deposit prior to maturity may
be permitted provided the principal balance remaining in the account continues to meet the Bank’s minimum deposit
requirement. In addition, certain early withdrawal penalties will apply and the interest rate may also be reduced.
• Certificates of Deposit with a term of less than 3 months, the penalty shall be all interest that would have been earned
or $25, whichever is greater.
• Certificates of Deposit with a term of 3-12 months, the penalty shall be an amount equal to 3 months simple interest
earned on the principal amount withdrawn or $25, whichever is greater.
• Certificates of Deposit with a term of 13-23 months, the penalty shall be an amount equal to 6 months simple interest
earned on the principal amount withdrawn or $25, whichever is greater.
• Certificates of Deposit with a term 24 months or greater, the penalty shall be an amount equal to 12 months simple
interest on the principal amount withdrawn or $25, whichever is greater.
Medical Emergency. An early withdrawal of principal for a medical emergency may be permitted without an early
withdrawal penalty if: the initial deposit and any additional deposit have been on deposit at least seven (7) calendar days
prior to withdrawal; there have been no partial withdrawals for six (6) calendar days preceding the withdrawal; and the
owner of the Certificate of Deposit maintains a Vantage Checking, Private Vantage Checking, Asset Management
Account, Golden Advantage, Elite Gold, or Senior Checking account at the time of the withdrawal.
Death or Incompetency. If a Depositor dies or is judicially declared mentally incompetent after purchasing a
Certificate of Deposit, the Bank may honor one (1) request for withdrawal of the deposit prior to maturity without
penalty.
NOTE: If the amount of the penalty exceeds the actual interest accrued for the term, whether paid or unpaid, the
penalty shall be withheld from the principal of the Certificate of Deposit.
Business Treasury CD. The interest rate will be determined at the Bank’s discretion but shall not be less than one
percent below the discount rate of the preceding month’s last auction of the United States Treasury Bill with a maturity
of 3 months. The Bank may make changes to the interest rate on your Truist Business Treasury CD at any time. Additional
deposits of at least $100.00 are allowed at any time and may be made in person or by draft from a Truist deposit
account. Electronic deposits from non-Truist accounts are not permitted. Interest will accrue on all additional deposits at
the interest rate on the account at the time of the additional deposit. During the term of the CD, and for any subsequent
renewal, you are permitted one “penalty free” withdrawal each month provided that the funds have remained on
deposit for at least seven (7) calendar days and there have been no partial withdrawals for six (6) calendar days
preceding the withdrawal.
Public Fund Treasury CD. The interest rate will be determined at the Bank’s discretion but shall not be less than one
percent below the discount rate of the preceding month’s last auction of the United States Treasury Bill with a maturity
of 3 months. The Bank may make changes to the interest rate on your Truist Public Fund Treasury CD at any time. No
additional deposits are allowed except at renewal, following the guidelines described in the previous section titled
“Additional Deposits and Partial Withdrawals.” However, during the term of the CD, and for any subsequent renewal, you
are permitted one “penalty free” withdrawal each month provided that the funds have remained on deposit for at least
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seven (7) calendar days and there have been no partial withdrawals for six (6) calendar days preceding the withdrawal.
J. AVAILABILITY OF FUNDS
Policy. Truist Bank’s policy applies to Business Checking Accounts, Interest Checking, Money Market (excluding IRAs)
and Savings Accounts.
Deposit Received. For Business Accounts, please see the section below titled “Collected” Funds Availability for
Business Accounts.
If a check is deposited, we may place a hold on the funds which will delay the availability of the funds. The hold may be
based upon how long your account has been open, amount of the deposit, type of item(s) deposited, how your deposit
is made and how you manage your account. If checks are presented or withdrawals made against funds that are not
yet available or are subject to a longer hold, a returned item or overdraft fee may be assessed to your account and the
checks may be returned unpaid.
This policy does not apply to deposited items drawn on financial institutions located outside of the United States.
Determining the Business Day of a Deposit. For determining the business day of your deposits, every day is a
business day, except Saturdays, Sundays, and federal holidays. If you make a deposit during regular business hours on
a business day that we are open, we will consider that day the day of your deposit. However, if you make a deposit
after the end of a current business day, a Saturday or Sunday, a federal holiday, or on a day we are not open; we will
consider the deposit made on the next business day we are open.
The Bank determines when deposited items are considered collected or available for the payment of checks or
withdrawal based on the number of business days from the day of your deposit.
The business day of your deposit is indicated on the deposit receipt. Our earliest business- day cutoff time at a banking
office is 2:00 p.m. local time. Later business-day cutoff times may apply in certain offices or locations. Inclement
weather, natural disasters, or computer or electronic failures may also affect the business day and business hours.
Immediate Availability. Funds from the following deposits are available on the business day we receive the deposit.
• Wire Transfers
• Electronic Deposits
• Cash deposited at a branch or ATM (excludes coins until counted and verified)
• Mobile checks deposited with the immediate availability service; fees will apply. Refer to the Business Deposit Accounts
Fee Schedule for additional details.
Next Day Availability. Funds from the following deposited items are available for withdrawal on the first business day
after the day of your deposit, unless we delay your availability as described in the Longer Delays May Apply section.
These checks must be payable to you, deposited to your account, (other than a U.S. Treasury check), and made in
person to a Truist employee:
In some cases, when you do not make your deposit in person to one of our employees (excluding Treasury checks),
funds from these deposits will be available on the second business day after the day of your deposit.
Second Business Day Availability. In some cases, we may not make all of the funds from a check available on the
first business day after the day of the deposit. Depending on the type of check that you deposit, funds may not be
available until the second business day after the day of your deposit. The first $225 will be made available during
nightly processing on the business day we receive your deposit. If we are not going to make all of the funds from a
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check deposit available on the first business day after the day of your deposit, we will notify you at the time you make
your deposit. We also will tell you when the funds will be available. If your deposit is not made directly to one of our
employees, or if we decide to take this action after you have left the premises, we will mail you the notice no later than
the next business day after we receive your deposit. If you will need the funds from a deposit right away, you should
ask when the funds will be available.
Longer Delays May Apply. Funds you deposit by check may be delayed for a longer period under the following
circumstances:
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 seventh business day after the day of your
deposit. When a hold is placed for longer than two business days, you will not have any of the deposited funds
immediately available for use.
During the delay, the funds are unavailable, and you may not withdraw the funds. If checks are presented or
withdrawals made against unavailable funds, a return item fee or overdraft fee may be assessed to your account and
the checks may be returned unpaid.
We may refuse to accept a check for deposit if we believe the check is not collectible. In this case, you may present
the check for payment directly to the paying bank or you may request us to send the item to the paying bank for
collection in your name.
The following Section applies to Business Accounts only “Collected” Funds Availability for Business Accounts
When you deposit a non-Truist Bank check into your account, the Bank must collect the funds from the “paying bank.”
The check is sent directly to the Paying Bank or to the Federal Reserve Bank (or another clearing bank) and the Bank
receives provisional credit (pending final payment by the paying bank). The check is then presented to the paying bank.
Once the presentment process is completed, the funds are deemed “collected.”
The number of collection days on check deposits depends on the location of the paying bank. You may request a copy
of Truist Bank’s check-processing availability schedule to determine when checks are considered collected.
Although a check you deposit may be considered collected by us, the paying bank may still return the check to us unpaid.
To ensure there are sufficient funds in your account to cover the check amount if the deposited check is returned, we
may place a “hold” on your account for the amount of the check. Refer to the following section in this disclosure for the
number of days availability may be delayed when a hold is placed on the account:
Deposits at Night Depository Facilities and Automated Teller Machines (ATMs). If you make your deposit after
7:00 a.m. ET at a Truist Bank night depository or after 9:00 p.m. ET at a Truist Bank ATM on a business day or on a
day we are not open, we will consider that the deposit was made on the next business day we are open.
Generally all cash and the first $100 of your total check deposit will be made immediately available, with the remainder
of your deposit being available as outlined in this policy, for deposits received at Truist’s ATM’s. Please note that for
check deposits made between 9:00 p.m. and 9:30 p.m. ET at the ATM, the $100 credit will not be immediately
available.
You should consult your transaction receipt for the exact posting date of any ATM deposit. Your “posting date” will be
the same date as the transaction date. However, if the deposit is made after the cut-off time for the transaction date or
on a non-business day then the “posting date” will be the next business day after the transaction date on your receipt.
Mobile Deposits. Mobile deposits are generally available to you on the first business day after the day we receive your
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deposit. If you make a deposit before cut-off which is 9:00 p.m. ET on a business day, we will consider that the day of
your deposit. If your deposit is after 9:00 p.m. ET, we consider the deposit made on next business day we are open.
An immediate availability offer may be presented per deposited item and may provide faster access to
deposited funds, if accepted. Fees will apply. Refer to the Business Deposit Accounts Fee Schedule for
additional details.
Before making a mobile deposit, please endorse the back of the check with the words ‘‘For Truist Mobile Deposit Only’’ or
the check may be refused for deposit.
Online, Telephone, and In-Branch Electronic Transfers Between Truist Accounts. Online, telephone, and in-branch
electronic transfers between your Truist accounts are considered deposits. These deposits are available to you on the
same business day we receive your deposit. Once they are available, you can withdraw the funds in cash and we will use
the funds to pay checks that you have written.
If you make a deposit before 9:00 p.m. ET on a business day, we will consider that the day of your deposit. If you
make a deposit after 9:00 p.m. ET on a business day we will consider that the deposit was made on the next business
day we are open.
Other Electronic Deposits. Truist offers a variety of services that allow clients to process deposits such as Outside
Transfer Service (OTS), INGO and Zelle. These are considered electronic direct deposits and are subject to the
availability practices outlined in this policy. In addition to the terms and conditions of the applicable service
agreements. If you are registered with the Zelle service, transactions received through Zelle will be available to you
immediately. Deposits received as a Real-Time Payment (RTP) will be available to you immediately. Funds received
from a Real-time Payment will be considered a same day deposit if received prior to 9:00 p.m.
Special Rules for New Account Holders. If you are a new customer, the following special rules will apply during the first
30 days your account is open.
Funds from electronic direct deposits to your account will be available on the day we receive the deposit. Funds from
deposits of cash, wire transfers, and the first $5,525 of a day’s total deposits of cashier’s, certified, teller’s,
traveler’s, and federal, 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 over $5,525 will be available no later than the ninth business day after
the day of your deposit. If your deposit of these checks (other than a U.S. Treasury check) is not made in person to one
of our employees, the first $5,525 may not be available until the second business day after the day of your deposit.
Funds from all other check deposits may not be available until the ninth business day after the day of your deposit.
ATM deposit functionality may be limited for temporary access devices issued for new deposit accounts.
Special Rules for Money Market and Savings Accounts. In some cases, we may not make all of the funds from a
check available on the first business day after the day of the deposit. Depending on the type of check that you deposit,
funds may not be available until the fifth business day after the day of your deposit. If we are not going to make all of the
funds from a check deposit available on the first business day after the day of your deposit, we will notify you at the
time you make your deposit. We also will tell you when the funds will be available. If your deposit is not made directly
to one of our employees, or if we decide to take this action after you have left the premises, we will mail you the notice
no later than the next business day after we receive your deposit.
Depositor’s Responsibility. We may make funds from deposited checks available to you before the funds are collected.
You are still responsible for any deposited checks that are returned unpaid and for any other problems concerning
your deposit, even if you have already withdrawn the funds from your account.
Collection of Rejected and Returned Items. The collection process is delayed or interrupted if the check rejects
during processing. If you deposit a check that rejects during processing, collection of the funds may be delayed one
additional business day. If a check you deposit is returned unpaid and charged back to your account, we may hold the
amount of the returned check and withhold the use of the funds two business days from the date the returned check
is charged back to the account. Returned checks that we automatically represent to the paying bank on your behalf
must also go through the collection process again. Therefore, use of funds equal to the amount of the check(s) re-
presented may be withheld up to four business days from the date the check(s) is re-presented.
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Holds on Other Checks. If we cash a check for you that is drawn on another bank, we may place a hold on the
availability of that amount of funds already in your account. Those funds will be available for withdrawal at the time
funds from the check we cashed would have been made available if you had deposited it. If we accept for deposit a
check that is drawn on another bank, we may make funds from that deposit available for withdrawal immediately but
delay your availability to withdraw a like amount of funds that you already have on deposit in another account with us.
The funds in the other account will be available for withdrawal at the time funds from the check you deposited would
have been made available, if we had placed a hold on the deposited check.
Endorsement Standards. Checks should be endorsed only within the area indicated as “Customer Endorsement.”
This area is limited to 1.5” from the trailing edge. The other areas are reserved for bank endorsements. Failure to restrict
your endorsement to the indicated area may result in losses to you because of delayed or misrouted items. Truist Bank
will not be liable for losses resulting from a delay in return or misrouting of deposited items caused by unreadable
endorsements due to other material or markings placed in the “Depository Bank Endorsement” or “Subsequent Bank
Endorsement” areas. Truist Bank reserves the right to charge these losses back to your account.
The following rules and regulations apply to payment orders, including Automated Clearing House (ACH) credits and
debits, payments received through the RTP® Network operated by The Clearing House Payments Company L.L.C.,
wire transfers, and other payment orders made or received by commercial depositors, which are not covered by the
Electronic Fund Transfer Act as implemented by Regulation E.
Provisional Payment. Upon receipt of an ACH credit, or electronic, oral or written instruction for payment, we will give
you provisional credit until we receive final settlement through a Federal Reserve Bank, fund transfer system, or
otherwise receive payment. If we do not receive final settlement or payment, you agree to refund to us the amount
provisionally credited to your Account and the party initiating the credit to you shall be deemed not to have paid you.
Notice of Receipt of Incoming Payments, ACH payments, incoming wire transfers, and other payment orders received
into your account will be shown on your statement; therefore, we will not give you next day notice of receipt of such
items.
Choice of Law. Your rights and obligations concerning payments to or transfers from your account are subject to
applicable law and the rules as adopted and amended from time to time by the fund transfer system used to transmit
the payment. We may use any of several different fund transfer systems. The systems and their corresponding rules and
regulations include, but are not limited to: Automated Clearing House - operating rules of Nacha, Real- Time Payments
System – Real-Time Payments Operating Rules, and Fedwire - Federal Regulation J and applicable Federal Reserve Bank
Operating Circulars.
IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR ELECTRONIC TRANSFERS, WRITE OR CALL US AT:
844-4TRUIST or
Write: Truist Fraud Management
P.O. Box 1014
Charlotte, North Carolina 28201
If you believe an ACH debit to your account is erroneous or fraudulent, you must notify us immediately and in a time
and manner that reasonably allows us to attempt to return the transaction before the applicable deadline set forth in the
operating rules of Nacha (which in some cases is as short as one (1) or two (2) business days following the date the debit
posts to your account). We will use good faith efforts to return the entry, but will have no liability to you in the event our
attempts to return the entry are unsuccessful. If you do not notify us of the error within the required timeframe, we may
not be successful in returning the entry and we will not recredit your account unless we are otherwise required to do so
under the operating rules of Nacha or applicable law.
FOR ADDITIONAL INFORMATION OR FOR QUESTIONS CONCERNING YOUR ACCOUNT: Telephone: 844-4TRUIST
Truist.com
Truist Bank, Member FDIC
©2024 Truist Financial Corporation
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REV 11-2024
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Addendum to the Commercial Bank Services Agreement
Effective March 18, 2025
Effective March 18, 2025, changes will be made to the Commercial Bank Services Agreement ("CBSA") that governs
your account, including revisions under Section J (Availability of Funds). The most current version of the CBSA can
be obtained at any Truist branch or online at www.truist.com/CBSA. All future transactions on your account will be
governed by the amended CBSA.
What Changed?
Starting March 18, 2025, the first $100 of your total check deposit will no longer be made immediately available for
check deposits made at the ATM or in-person at the Branch. All deposits are subject to the Funds Availability Policy
found in the Commercial Bank Services Agreement at www.truist.com/cbsa and the Business Deposit Accounts Fee
Schedule at www.truist.com/businessdepositsfeeschedule.
On March 18, 2025, we are expanding the access to the Immediate Availability Service (IAS) to now include ATM and
Mobile check deposits. IAS may provide faster access to deposited funds. There will be a fee for this service.
Deposits at ATM Generally, all cash and the first $100 of your All cash will be made immediately available,
total check deposit will be made immediately with the remainder of your deposit being
available, with the remainder of your deposit available as outlined in this policy, for
being available as outlined in this policy, for deposits received at Truist’s ATMs.
deposits received at Truist’s ATMs.
An IAS offer may be presented per check
Please note that for check deposits made deposited and may provide faster access to
between 9:00 pm and 9:30 pm ET at the ATM, deposited funds, if accepted. Fees will apply.
the $100 credit will not be immediately Refer to the Business Deposit Accounts Fee
available. Schedule for additional details.
If you have questions about these changes, contact your local Truist Branch or call 844-4TRUIST (844-487-8478).
CBSA-T2
When a dispute arises between a customer and the bank, and either party demands arbitration, the dispute is resolved through final, binding individual arbitration as per the Mutual Arbitration Agreement. This process replaces filing or proceeding with a lawsuit in court unless otherwise specified. The arbitration covers a broad range of disputes, excluding those that cannot legally be subject to pre-dispute arbitration agreements, individual actions in small claims court, and disagreements over the arbitrability of the dispute itself, which must be resolved by a court .
Truist Bank reserves the right to disregard the date on postdated checks and may pay them before their intended date. The bank also accepts items regardless of issuers' instructions, such as "void after 30 days," and can decide whether to honor or reject them. This is due to the bank's priority in exercising its discretion over conditional terms set by account holders. Account holders agree not to issue conditional items and implicitly consent to the bank's handling practices, which include processing checks without regard to additional instructions .
The Mutual Arbitration Agreement may be considered unenforceable if any of its provisions are found to be void under applicable law or if a court, not an arbitrator, decides that specific disputes (such as those concerning arbitrability) are outside its scope. If particular clauses are unenforceable, they can be severed to ensure the remainder of the agreement remains effective. A determination that the entire agreement is unenforceable does not affect the validity of any other arbitration agreements between the parties .
For arbitration awards exceeding $250,000 or involving costly injunctive or declaratory relief, there is an option for either party to appeal within thirty days to a three-arbitrator panel. The panel's decision, which reassesses the arbitrator's initial award, is decided by majority vote. Filing fees and related administrative costs are initially paid by the appealing party, subject to redistribution per the panel's decision. Judicial review of such appeal outcomes is limited to the provisions under the FAA, providing an additional layer of scrutiny .
Truist Bank manages account balance by distinguishing between the current balance and available balance, which considers pending transactions. The bank uses techniques to detect unauthorized items and reserves the right to reject such items if deemed unusual. Discrepancies may lead to more overdraft or returned item fees depending on the processing methods. Account holders are responsible for reconciling their accounts to avoid overdraft situations, and they agree to hold the bank harmless from claims arising from rejection of otherwise payable items due to assumed fraud or unauthorized transactions .
If an arbitrator or the arbitration administrator fails to enforce the Mutual Arbitration Agreement's terms, either party involved in the arbitration can seek to stop the arbitration proceeding by obtaining an injunction from a court of competent jurisdiction. During this court proceeding, the arbitration is automatically stayed, suspending any ongoing arbitration actions until the court's decision is reached .
In the arbitration context, Truist Bank requires that any claim be resolved through individual arbitration, precluding class, consolidated, collective, or representative actions. The Mutual Arbitration Agreement includes a waiver of the right to have claims arbitrated or resolved as collective actions. Additionally, an arbitrator does not have the authority to hear or award relief on a class or representative basis. This waiver is intended to maximize enforceability under applicable law, although participation in claim settlements is still permitted .
Truist Bank requires advance notice for large cash withdrawals due to security risks and preparation needs. The bank may opt to provide an Official Check or electronic transfer rather than cash. If a large cash withdrawal is allowed, a customer might need to arrange a courier at their own cost, with a signed cash withdrawal agreement needed to proceed. Refusal to sign the agreement could lead to the revocation of the cash withdrawal request .
The Federal Arbitration Act (FAA) governs the interpretation and enforcement of the Mutual Arbitration Agreement because it involves interstate commerce transactions. This ensures the FAA's application regardless of any state laws or exemptions. If the FAA’s provisions cannot apply, state law governing arbitration in the individual's residing state applies .
When a customer voluntarily provides their account number and authorizes third parties, including service providers, to initiate debits, they accept liability for all transactions initiated by these third parties. This holds even if no signature is involved in the drafts, effectively transferring the risk and responsibility to the account holder for any unauthorized transactions deemed valid by the bank .