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MEMBERSHIP AND ACCOUNT AGREEMENT

 

 

This Agreement covers your rights and responsibilities concerning your accounts and the rights and responsibilities of the Credit Union providing this Agreement (Credit Union). In this Agreement,  the words "you," "your," and "yours" mean anyone who signs an Account Card, Account  Change Card, or any other  account  opening document  (Account  Card). The words we," "us," and "our"   mean the Credit Union. The word "account" means any one (1) or more share or other accounts you have with the Credit Union.

 

Your account type(s) and ownership features are designated on your Account Card. By signing an Account  Card, each of you, jointly and severally,  agree to  the  terms  and conditions  in  this  Agreement,  and any  Account  Card,  Funds Availability  Policy  Disclosure, Truth-in-Savings   Disclosure,   Electronic   Fund  Transfers   Agreement   and   Disclosure,   Privacy   Disclosure,   or   Account    Receipt accompanying  this  Agreement,  the Credit Union's  bylaws  and policies,  and any amendments  to these documents  from  time to time that collectively  govern your membership and accounts.

 

1.     MEMBERSHIP ELIGIBILITY - To  join  the  Credit  Union,  you  must  meet  the  membership  requirements,  including  purchase  and maintenance  of the minimum  required share(s) ("membership  share")  as set forth  in the Credit Union's  bylaws.  You authorize us to check your account,  credit and employment  history,  and obtain reports from third parties, including credit reporting agencies, to verify your eligibility  for the accounts and services you request.

 

2.    SINGLE PARTY ACCOUNTS - An account  payable to one (1) party,  the  owner,  (which  includes  natural persons,  corporations, partnerships,  trusts  established other than by the form of the account,  unincorporated  associations,  and other organizations) qualified for credit union membership. If the owner dies, the account is payable to Payable on Death (POD) beneficiary(ies),  if so named, or as a part of  the owner's  estate  under his or her will  or by the applicable laws  of  intestacy.  Payment of  the account  is subject  to other provisions  of  this  Agreement  protecting  the  Credit  Union  for  honoring  transfer  and withdrawal requests  by  the  owner  or  by  the owner's  agent prior to notice of the owner's  death, and to our statutory lien for the owner's  obligations, and to any security interest or pledge granted by the owner.

 

3.    JOINT MULTIPLE PARTY ACCOUNTS - A joint account is an account payable to any one (1) of two (2) or more parties, the owners.  During  life,  the  owners  of  a joint  multiple  party  account  own  the  account  in  proportion  to  their  net  contributions to  the account.  The owners of a joint multiple party account are presumed to own the account in equal undivided interests, unless there is satisfactory proof of the parties’ net contributions to the account.  The owners'  net contributions to a joint multiple  party account  are calculated in accordance to Sec. 125.104(b) of the Texas Finance Code and Sec. 436(6)  of the Texas Probate Code, as amended from time to time.

 

a.     Rights of Survivorship.  For joint multiple party accounts with rights of survivorship, on the death of one (1) party, all sums in the account on the date of the death vest in and belong to the surviving party as his or her separate property and estate. This means that when one (1) owner dies, ownership of the account passes to the surviving owner(s).  If there are two  (2) or more surviving  owners, their  respective  ownerships  during lifetime  shall be in proportion  to their  previous  net contributions to  the account  increased by an equal share for each survivor  of any interest  the decedent may have owned in the account  immediately  before his or her death. The rights of survivorship in the account continue until only one (1) owner remains surviving.  For a joint  multiple  party  account  without rights of survivorship,  when one (1) owner dies, the deceased owner's  interest in the account passes as part of the deceased owner's estate  under his or her will  or by  the  applicable  laws  of  intestacy.  Payment of  the  account  is subject  to  other  provisions  of  this Agreement  protecting  the  Credit Union for  honoring  transfer  and withdrawal requests  of an owner  or by an owner's  agent prior to notice of an owner's  death, and to our statutory lien for the owner's  obligations,  and to any security  interest or pledge granted by the owner.

 

b.     Control of Joint Multiple  Party Accounts.  Any owner is authorized and deemed to act for any other owner(s) and may instruct us regarding transactions and other account matters.  Each owner guarantees the signature of any other owner(s).  Any owner may withdraw or transfer funds, pledge to us all or any part of the shares, or stop payment on items without the consent of the other owner(s).  We have no duty to notify any owner(s) about any transaction.  We reserve the right to require written consent of all owners for any change to or termination of an account.  However,  subject  to  a policy  adopted  by the  Credit Union's  board of  directors,  a member, by written notice to us, may change any joint owner  designated on the account or remove any such joint owner,  change the form  of  the  account,  or stop  or vary  payment  under the  terms  of  the  account.  If we receive written notice of a dispute between owners or inconsistent instructions from them, we may suspend or terminate the account and require a court order or written consent from all owners in order to act.

 

c.     Joint Multiple Party Account Owner Liability.  If an item  deposited  in a joint  multiple  party  account  is returned  unpaid,  a joint multiple party account is overdrawn,  or if we do not receive final payment on a transaction,  the owners,  jointly and severally, are liable to us for the amount of the returned item, overdraft,  or unpaid amount and any charges, regardless of who initiated  or benefited from the transaction.  If any owner is indebted to us, we may enforce our rights against any account of the indebted owner, including all funds in a joint multiple party account, regardless of who contributed the funds.

 

4.     POD ACCOUNT - A single or joint multiple party account that is payable on request to the owners during their lifetimes and, upon the death of all owners, is payable to the surviving named POD beneficiaries.  If there is more than one (1) surviving  POD beneficiary, the  beneficiaries  shall  own  the  account  jointly  without rights  of  survivorship.   Any POD designation shall not apply to Individual Retirement Accounts (IRAs). We are not obligated  to notify  any beneficiary  of  the existence  of  any account  nor the vesting  of the beneficiary's  interest in any account,  except as provided by law.

 

5.     ACCOUNTS FOR MINORS - We may require any account  established  by a minor  to  be a joint  multiple  party  account  with  an owner  who has reached the age of majority  under state law and who shall be jointly  and severally liable to us for any returned item, overdraft,  or unpaid  charges  or amounts  on such  account.  We may pay funds directly to the minor without regard to his or her minority.  Unless a parent is an account owner, the parent shall not have any account access rights.  We have no duty to inquire about the use or purpose of any transaction.  We will not change the account status when the minor reaches the age of majority unless the change is authorized in writing by all account owners.

6.     ACCOUNTS SUBJECT TO TUTMA - An account designated as subject to the Texas Uniform Transfers to Minors Act  (TUTMA) is a single party account for a minor. The account is created by the transfer of funds into an account subject to the TUTMA for a named minor. The transfer and all additional deposits to the account are irrevocable gifts to the minor. The transferor of the initial deposit to the account must name one (1) person eligible under the TUTMA to serve as custodian of the account.  The custodian has possession and control of the account and is required by law to manage the account for the exclusive right and benefit of the minor and, barring a court order otherwise, is the only party authorized to make deposits, withdrawals, or close the account.  We have no duty to inquire about the use or purpose of any transaction.  If the custodian  dies without a successor custodian  already named for the account,  we may  suspend  the  account  until  a successor  custodian  is  named,  we  receive  instructions   from  any  person  authorized  by  law  to withdraw funds, or we receive a court order authorizing withdrawals.

 

7.     CONVENIENCE ACCOUNT AND CONVENIENCE SIGNERS - A convenience account  is an account  established by one (1) or more parties,  the  owners,  who  have  authorized  one (1)  or  more  other  persons,  the  convenience  signers,  to  make  transactions  to  the account.  All sums on deposit in a convenience account may be paid or delivered to the account, to the owner(s), or to the convenience signer(s) for the convenience of the owner(s).  The convenience signer(s) have no ownership interest in a convenience account and no voting rights in the Credit Union. The deposit of funds to a convenience account does not affect the title to the deposit and does not constitute a gift to a convenience signer of the deposit, any additions, or any accruals. If anyone other than an account owner makes a deposit to a convenience account, the deposit and any additions and accruals are deemed to have been made by an owner.  Upon the death of the last surviving owner, ownership of a convenience account passes as a part of the owner’s estate under his or her will or by the applicable laws of intestacy; a convenience signer has no right of survivorship in the account.  We may continue to pay funds in a convenience account to the convenience signer(s) until we receive written notice from any account owner not to make payment to a convenience signer(s) until we receive written notice of the death of the last account owner.  We have no duty to inquire about the use or purpose of any transaction made by a convenience signer for a convenience account.  A convenience signer may be designated on other  accounts;  all laws  that  apply  to  the  convenience  signer  designated  on  other  accounts  are equal  to  the  extent  of  the  law applicable to a convenience signer on a convenience account.

 

8.     DEPOSIT OF FUNDS REQUIREMENTS - Funds may be deposited to any account, in any manner approved by the Credit Union in accordance with the requirements set forth in the Truth-in-Savings Disclosure.  Deposits made by mail, at night depositories, or at unstaffed facilities are not our responsibility until we receive them. We reserve the right to refuse or to return any deposit.

 

a.     Endorsements. We may accept transfers, checks, drafts, and other items for deposit into any of your accounts if they are made payable to, or to the order of, one (1) or more account owners even if they are not endorsed by all payees. You authorize us to supply missing endorsements of any owners if we choose. If a check, draft, or item that is payable to two (2) or more persons is ambiguous as to whether it is payable to either or both, we may process the check, draft, or item as though it is payable to either person. If an insurance,  government,  or other  check  or  draft  requires  an endorsement,  we  may  require  endorsement  as set  forth  on  the  item. Endorsements  must  be  made  on  the  back  of  the  check  or  draft  within    inches  of  the  top  edge,  although  we  may  accept endorsements outside this space. However, any loss we incur from a delay or processing error resulting from an irregular endorsement or other markings by you or any prior endorser will be your responsibility.

 

b.    Collection of Items. We act only as your agent and we are not responsible for handling items for deposit or collection beyond the exercise of ordinary care. We are not liable for the negligence of any correspondent or for loss in transit, and each correspondent will only be liable for its own negligence.   We may send any item for collection.  Items drawn on an institution located outside the United States are handled on a collection basis only. You waive any notice of nonpayment, dishonor, or protest regarding items we purchase or receive for credit or collection to your account.  We reserve the right to pursue collection of previously dishonored items at any time, including giving a payor financial institution extra time beyond any midnight deadline limits.

 

c.     Restrictive Legends. Some checks and drafts contain restrictive legends or similar limitations on the front of the item. Examples of restrictive  legends  include  "two signatures  required,"  "void  after  60  days,"  and "not  valid  over  $500.00." We are not liable for payment of any check or draft contrary to a restrictive legend or other limitation contained in or on the item unless we have specifically agreed in writing to the restriction or limitation.

 

d.    Final Payment. All items or Automated Clearing House (ACH) transfers credited to your account are provisional until we receive final payment.   If final  payment  is not received,  we  may charge your account  for  the  amount  of  such  items  or ACH transfers  and impose a return item charge on your account.  Any collection fees we incur may be charged to your account.  We reserve the right to refuse or return any item or funds transfer.

 

e.     Direct Deposits. We  may  offer  preauthorized  deposits  (e.g.,  payroll  checks,  Social  Security  or  retirement  checks,  or  other government  checks) or preauthorized transfers  from other accounts.  You must authorize direct deposits or preauthorized transfers by filling out a separate form.  You must notify us at least 30 days in advance to cancel or change a direct deposit or transfer option.  If your account is overdrawn, you authorize us to deduct the amount your account is overdrawn from any deposit, including deposits of government payments or benefits.  Upon a bankruptcy filing, unless you cancel the authorization, we will continue applying payments from direct deposits in accordance with your authorization on file with us. If we are required to reimburse the U.S. Government for any benefit  payment  directly  deposited  into  your  account,  we  may  deduct  the  amount  returned  from  any  of  your  accounts,  unless prohibited by law.

 

f.     Crediting of Deposits. Deposits made after the deposit cutoff time and deposits made on holidays or days other than our business days will be credited to your account on the next business day.

 

9.   ACCOUNT ACCESS-

 

a.     Authorized Signature. Your signature on the Account Card authorizes your account access. We will not be liable for refusing to honor any item or instruction if we believe the signature is not genuine. If you have authorized the use of a facsimile  signature,  we may honor  any check  or draft  that  appears to  bear your  facsimile  signature,  even if  it  was  made by an unauthorized  person.  You authorize  us to  honor  transactions  initiated  by  a third  person  to  whom  you  have given  your  account  number,  even if  you  do not authorize a particular transaction.

 

b.    Access Options. You may withdraw or transfer funds from your account(s) in any manner we permit (e.g., at an automated teller machine, in person, by mail, Internet access, automatic transfer, or telephone, as applicable). We may return as unpaid any check or draft drawn on a form we do not provide, and you are responsible for any loss we incur handling such a check or draft.  We have the right  to  review  and approve  any form  of  power  of  attorney  and may  restrict  account  withdrawals or transfers.  We are under no obligation to honor any power of attorney which we reasonably conclude is invalid or unreliable or has been revoked.


 

c.     Credit Union Examination. We may disregard any information on any check or draft other than the signature of the drawer, the amount, and any magnetic encoding.  You agree that we do not fail to exercise ordinary care in paying an item solely because our procedures do not provide for sight examination of items.

 

10.   ACH & WIRE TRANSFERS - Except as amended by this Agreement, electronic fund transfers we permit that are subject to Article 4A of the Uniform Commercial Code will be subject to such provisions of the Uniform Commercial Code as enacted by the state where the main office of the Credit Union is located.  We may execute certain requests for an electronic fund transfer by Fedwire. Fedwire transactions are subject to Federal Reserve Board Regulation J. You may order an electronic fund transfer to or from your account.  We will debit your account for the amount of the electronic fund transfer and will charge your account for any fees related to the transfer. Unless we agree otherwise in writing, we reserve the right to refuse to execute any order to transfer funds to or from your account. We are not obligated to execute any order to transfer funds out of your account if the amount of the requested transfer plus applicable fees exceeds the available funds in your account.   We are not liable for errors, delays, interruptions, or transmission failures caused by third parties or circumstances beyond our control, including mechanical, electronic, or equipment failure. We will not provide you with next day notice of ACH transfers, wire transfers, and other electronic payments credited to your account.  You will receive notice of such credits on your account statements.  You may contact us to determine whether a payment has been received.  If we fail to properly execute a payment order, and such action results in a delay in payment to you, we will pay you dividends or interest for the period of delay as required by applicable law.  The dividends or interest paid to you will be based on the lowest nominal dividend or interest rate we were paying on any account during that period. Payment orders we accept will be executed within a reasonable time of receipt but may not necessarily be executed on the date they are received.  Cutoff  times  may apply to the receipt,  execution  and processing  of  fund  transfers,   payment  orders,  cancellations,   and  amendments.  If  a  request  for  a  fund  transfer,   payment  order, cancellation,  or  amendment  is  received  after  a cutoff   time,  it  may  be treated  as having  been received  on  the  next  fund  transfer business day. Information about any cutoff times is available upon request. From time to time, we may need to suspend processing of a transaction for greater scrutiny or verification in accordance with applicable law, and this action may affect settlement or availability of the transaction.  When  you  initiate  a wire  transfer,  you  may  identify  the  recipient  and any financial  institution by  name and by account  or identifying  number.  The Credit Union and any other financial institutions facilitating the transfer may rely strictly on the account or identifying number, even if the number identifies a different person or financial institution. Any account owner may amend or cancel a payment order, even if that person did not initiate the order. We may refuse any request to amend or cancel a payment order that we believe will expose the Credit Union to liability or loss. Any request that we accept to amend or cancel a payment order will be processed within a reasonable time after it is received. You agree to hold us harmless from and indemnify us for all losses and expenses resulting from any actual or attempted amendment or cancellation of a payment order.  We may require you to follow a security procedure to execute a payment order or certain electronic fund transfer transactions.  We will notify you of any such security procedures, and you agree that our security procedures are commercially reasonable.

 

11.   ACCOUNT  RATES  AND  FEES -  We  pay  account   earnings  and  assess  fees  against  your   account   as  set  forth   in  the Truth-in-Savings  Disclosure and Schedule of Fees and Charges. We may change the Truth-in-Savings  Disclosure or Schedule of Fees and Charges at any time and will notify  you as required by law.

 

12.TRANSACTION LIMITATIONS-

 

a.     Withdrawal Restrictions. We will pay checks or drafts, permit withdrawals, and make transfers from available funds in your account.  The availability of funds in your account may be delayed as described in our Funds Availability Policy Disclosure. We may also pay  checks  or  drafts,  permit  withdrawals,  and  make  transfers  from  your  account  from  insufficient available  funds  if  you  have established an overdraft  protection  plan or, if you do not have such a plan with  us, in accordance with  our overdraft  payment policy.

 

We may refuse to allow a withdrawal in some situations and will advise you accordingly if:  (1) there is a dispute between account owners (unless a court has ordered the Credit Union to allow the withdrawal); (2) a legal garnishment or attachment is served; (3) the account secures any obligation to us; (4) required documentation has not been presented; or (5) you fail to repay a credit union loan on time. We may require you to give written notice of seven (7) to 60 days before any intended withdrawals.

 

b.    Transfer Limitations. We  may  limit  the  dollar  amount  or  the  number  of  transfers  from  your  account.   Please consult your

Truth-in-Savings Disclosure or your Electronic Fund Transfers Agreement and Disclosure.

 

13.   CERTIFICATE ACCOUNTS - Any time deposit, term share, share certificate, or certificate  of deposit account allowed by state law (certificate  account),  whichever  we offer,  is subject to the terms of this Agreement,  the Truth-in-Savings  Disclosure, and the Account Receipt for each account,  the terms  of which are incorporated herein by reference.

 

14.   OVERDRAFTS -

 

a.     Payment of Overdrafts. If,  on any day,  the  available funds  in your  share or deposit  account  are not  sufficient  to  pay the  full amount of a check, draft, transaction,  or other item posted to your account plus any applicable fee ("overdraft"), we may pay or return the  overdraft.   The  Credit  Union's  determination  of  an  insufficient available  account  balance  may  be  made at  any  time  between presentation and the Credit Union's midnight deadline with  only one (1) review of the account required. We do not have to notify you if your account does not have sufficient available funds to pay an overdraft.  Your account may be subject to a charge for each overdraft regardless of whether we pay or return the overdraft.  For ATM and one-time debit card transactions, you must consent to the Credit Union’s overdraft protection plan in order for the transaction amount to be covered under the plan. Without your consent,  the Credit Union may not authorize and pay an overdraft  resulting from these types of transactions.  Services and fees for overdrafts  are shown in the  document  the  credit  union  uses to  capture  the  member's  opt-in  choice  for  overdraft  protection  and the  Schedule of  Fees and Charges.

 

Except as otherwise  agreed in writing, if  we  exercise our right  to  use our discretion  to  pay an overdraft,  we  do not  agree to  pay overdrafts  in the future  and may discontinue  covering overdrafts  at any time without notice.  If we pay an overdraft  or impose a fee that overdraws  your account,  you agree to pay the overdrawn  amount in accordance with  your overdraft  protection  plan or, if you do not have such a plan with  us, in accordance with  our overdraft  payment policy.

 

b.    Order of Payments. Checks, drafts, transactions, and other items may not be processed in the order that you make them or in the order that we receive them. We may, at our discretion, pay a check, draft, or item, and execute other transactions on your account in any order we choose. The order in which we process checks, drafts, or items, and execute other transactions on your account may affect the total amount of overdraft fees that may be charged to your account.  Please contact us if you have questions about how we pay checks or drafts and process transfers and withdrawals.

 

15.   POSTDATED AND STALEDATED CHECKS OR DRAFTS - You agree not to issue any check or draft that is payable on a future date (postdated).  If you do issue a check or draft that is postdated and we pay it before that date, you agree that we shall have no liability to you for such payment.  You agree not to deposit checks, drafts, or other items before they are properly payable. We are not obligated to pay any check or draft drawn on your account that is presented more than six (6) months past its date.

 

16. STOP PAYMENT ORDERS -

 

a.     Stop Payment Order Request. Any owner may request a stop payment order on any check or draft drawn on the owner’s account. To be binding, the order must be in writing, dated and signed, and must accurately describe the check or draft, including the exact account number, the check or draft number, and the exact amount of the check or draft.  This exact information is necessary for the Credit Union’s computer to identify the check or draft.  If we receive incorrect or incomplete information, we will not be responsible for failing to stop payment on the check or draft.   In addition, we must receive sufficient advance notice of the stop payment order to allow us a reasonable opportunity to act on it.  If we recredit  your account  after  paying a check or draft  over a valid and timely  stop payment order, you agree to sign a statement describing the dispute with  the payee, to assign to us all of your rights against the payee or other holders of the check or draft,  and to assist us in any legal action.

 

b.    Duration of Order. Written  stop payment  orders for  checks and drafts  are effective  for  six (6) months  and may be renewed  for additional six (6) month periods by requesting in writing  that the stop payment order be renewed within  a period during which the stop payment order is effective. We are not required to notify you when a stop payment order expires.

 

c.     Liability. Fees for stop payment orders are set forth in the Truth-in-Savings Disclosure or Schedule of Fees and Charges.  You may not  stop  payment  on any certified  check,  cashier's  check,  teller's  check,  or any other  check,  draft,  or payment  guaranteed by us. Although payment of an item may be stopped, you may remain liable to any item holder, including us. You agree to indemnify and hold the Credit Union harmless from  all costs,  including  attorney's fees, damages, or claims related to our refusing  payment  of an item, including  claims  of  any  joint  account  owner,  payee,  or  endorsee  in  failing  to  stop  payment  of  an  item  as a result  of  incorrect information  provided by you.

 

17.   CREDIT UNION LIABILITY - If we do not properly complete a transaction according to this Agreement, we will be liable for your losses or damages not to exceed the amount of the transaction, except as otherwise provided by law.  We will not be liable if: (1) your account contains insufficient funds for the transaction; (2) circumstances beyond our control prevent the transaction; (3) your loss is caused by your or another financial institution's negligence; or (4) your account funds are subject to legal process or other claim. We will  not  be  liable  for  consequential  damages,  except  liability  for  wrongful   dishonor.  We  exercise  ordinary  care  if  our  actions  or nonactions  are consistent  with  applicable state law,  Federal Reserve regulations and operating letters,  clearinghouse rules, and general financial  institution practices  followed  in the area we serve. You grant us the right, in making payments of deposited funds, to rely exclusively on the form of the account and the terms of this Agreement.  Any conflict regarding what you and our employees say or write will be resolved by reference to this Agreement.

 

18.   CHECKS OR DRAFTS PRESENTED FOR PAYMENT IN PERSON - We may refuse to accept any check or draft drawn on your account that is presented for payment in person. Such refusal shall not constitute a wrongful dishonor of the check or draft, and we shall have no liability for refusing payment.

 

19.   REMOTELY CREATED CHECKS OR DRAFTS - For purposes of this paragraph, "account" means a transaction account, credit account, or any other account on which checks or drafts may be drawn.  A remotely created check or draft is a check or draft created by someone other than the person on whose account the check or draft is drawn.   A  remotely  created  check  or draft  is generally created  by a third  party  payee as authorized  by the  owner  of the  account  on which  the  check  or draft  is drawn.   Authorization is usually made over the telephone or through on-line communication. The owner of the account does not sign a remotely created check or draft.  In place of the owner’s signature, the remotely created check or draft usually bears a statement that the owner authorized the check or draft or bears the owner’s printed or typed name. If you authorize a third party to draw a remotely created check or draft against your account, you may not later revoke or change your authorization.  It is your responsibility to resolve any authorization issues directly with the third party.  We are not required to credit your account and may charge against your account any remotely created check or draft for which the third party has proof of your authorization.

 

20.   PLEDGE/STATUTORY LIEN - Unless prohibited by law,  you pledge and grant as security for all obligations you may have now or in the future,  except  obligations  secured by your principal residence, all shares and dividends and all deposits and interest,  if any, in all accounts  you have with  us now and in the future.  If you pledge a specific dollar amount in your account(s) for a loan, we will freeze the funds in your account(s) to the extent of the outstanding balance of the loan or, if greater, the amount of the pledge if the loan is a revolving loan.  Otherwise,   funds  in  your  pledged  account(s)  may  be  withdrawn unless  you  are  in  default.  Federal or state law (depending upon whether we have a federal or state charter) gives us a lien on all shares and dividends and all deposits and interest, if any, in accounts you have with us now and in the future.  Except as limited by federal or state law, the statutory lien gives us the right to apply the balance of all your accounts to any obligation on which you are in default.  After you are in default, we may exercise our statutory lien rights without further notice to you.

 

Your pledge and our statutory lien rights will allow us to apply the funds in your account(s) to what you owe when you are in default, except as limited by federal or state law. If we do not apply the funds in your account(s) to satisfy your obligation,  we may place an administrative  freeze on your account(s) in order to protect  our statutory lien rights and may apply the funds in your account(s) to the amount you owe us at a later time. The statutory lien and your pledge do not apply to any Individual Retirement Account or any other account that would lose special tax treatment under federal or state law if given as security.  By not enforcing our right to apply funds in your account to your obligations that are in default, we do not waive our right to enforce these rights at a later time.

 

21.   LEGAL PROCESS - If any legal action is brought against your account, we may pay out funds according to the terms of the action or refuse any payout until the dispute is resolved. Any expenses or attorney fees we incur responding to legal process may be charged against your account without notice, unless prohibited by law.  Any legal process against your account is subject to our lien and security interest.

 

22.   ACCOUNT INFORMATION - Upon request, we will give you the name and address of each agency from which we obtain a credit report regarding your account.  We  agree not  to  disclose  account  information  to  third  parties  except  when:  (1)  it  is necessary  to complete a transaction;  (2) the third party seeks to verify the existence or condition of your account in accordance with  applicable law; (3) such disclosure complies with  the law or a government agency or court order; or (4) you give us written permission.

23.   NOTICES -

 

a.     Name or Address Changes. You are responsible for notifying us of any name or address change. The Credit Union is only required to  attempt  to  communicate  with  you at the  most  recent  address you have provided  to  us. We may require all name and address changes to be provided in writing. If we attempt to locate you, we may impose a service fee as set forth in the Truth-in-Savings Disclosure or Schedule of Fees and Charges.

 

b.    Notice of Amendments. Except as prohibited by applicable law, we may change the terms of this Agreement at any time. We will notify you of any change in terms, rates, or fees as required by law.  We reserve the right to waive any terms of this Agreement.  Any such waiver shall not affect our right to future enforcement.

 

c.     Effect of Notice. Any written notice you give us is effective when we receive it. Any written notice we give to you is effective when it is deposited in the U.S. mail, postage prepaid, and addressed to you at your statement mailing address. Notice to any account owner is considered notice to all account owners.

 

d.    Electronic Notices. If you have agreed to receive notices electronically, we may send you notices electronically and discontinue mailing paper notices to you until you notify  us that you wish to reinstate receiving paper notices.

 

24.   TAXPAYER IDENTIFICATION NUMBER AND BACKUP WITHHOLDING - Your failure to furnish a correct Taxpayer Identification Number (TIN) or meet other requirements may result in backup withholding. If your account is subject to backup withholding, we must withhold and pay to the Internal Revenue Service (IRS) a percentage of dividends, interest, and certain other payments.  If you fail to provide your TIN, we may suspend opening your account.

 

25.   STATEMENTS -

 

a.     Contents. If we provide a periodic statement for your account, you will receive a periodic statement of transactions and activity on your account during the statement period as required by applicable law. If a periodic statement is provided, you agree that only one (1) statement is necessary for joint multiple party accounts.  For share draft or checking accounts,  you understand and agree that your original check or draft,  when paid, becomes property  of the Credit Union and may not be returned to you, but copies of the check or draft may be retained by us or by payable-through  financial institutions and may be made available upon your request. You understand and agree that statements are made available to you on the date they are sent to you. You also understand  and agree that  checks, drafts,  or copies  thereof  are made available to  you on the  date the  statement  is sent  to  you,  even if  the  checks  or drafts  do not accompany the statement.

 

b.    Examination. You are responsible for promptly examining each statement upon receiving it and reporting any irregularities to us.  If you  fail  to  report  any irregularities  such  as forged,  altered,  unauthorized,  unsigned,  or otherwise  fraudulent  items  drawn  on your account,  erroneous payments or transactions,  or other discrepancies reflected  on your statement  within  33 days of the date we sent the statement  to you, we will  not be responsible for your loss. We also will not be liable for any items that are forged or altered in a manner not detectable by a reasonable person, including the unauthorized use of a facsimile signature machine.

 

c.     Notice to Credit Union. You agree that the Credit Union’s retention of checks or drafts does not alter or waive your responsibility to examine your statements or the time limit for notifying us of any errors. The statement will be considered correct for all purposes, and we will not be liable for any payment made or charged to your account unless you notify us in writing within the above time limit for notifying us of any errors. If you fail to receive a periodic statement, you agree to notify us within 14 days of the time you regularly receive a statement.

 

26.   INACTIVE ACCOUNTS - If your account falls below any applicable minimum balance and you have not made any transactions over a period specified in the Truth-in-Savings Disclosure or Schedule of Fees and Charges, we may classify your account as inactive or dormant.  Unless prohibited  by  applicable  law,  we  may  charge  a service  fee,  as set  forth  in the  Truth-in-Savings  Disclosure  or Schedule of Fees and Charges, for processing  your inactive  account.  If we impose a fee, we will notify you, as required by law, at your last known address. You authorize us to transfer funds from another account of yours to cover any service fees, if applicable. To the  extent  allowed  by  law,  we  reserve the  right  to  transfer  the  account  funds  to  an account  payable and to  suspend any further account  statements.  If a deposit or withdrawal has not been made on the account  and we have had no other sufficient  contact  with you within  the period specified  by state  law,  the account  will  be presumed to be abandoned. Funds in abandoned accounts will be reported and remitted in accordance with state law.  Once funds have been turned over to the state, we have no further liability to you for such funds, and if you choose to reclaim such funds, you must apply to the appropriate state agency.

 

27.   SPECIAL ACCOUNT INSTRUCTIONS - You may request   that   we   facilitate   certain   trust,   will,   or court-ordered   account arrangements.  However,  because  we  do  not  give  legal  advice,  we  cannot  counsel  you  as  to  which  account  arrangement  most appropriately meets the specific requirements of your trust,  will,  or court order. If you ask us to follow  any instructions  that we believe might  expose us to claims,  lawsuits,  expenses, liabilities,  or damages, whether  directly  or indirectly,  we  may refuse to follow  your instructions  or may require you to  indemnify  us or post  a bond or provide  us with  other  protection.  We may require that account changes requested by you, or any account owner, such as adding or closing an account or service, be evidenced by a signed Account Change Card and accepted by us.

 

28.   TERMINATION OF ACCOUNT - We may terminate  your account  at any time  without notice  to you or may require you to close your account  and apply for a new  account  if:  (1) there is a change in owners  or authorized signers; (2) there has been a forgery  or fraud reported or committed  involving  your account;  (3) there is a dispute as to the ownership  of the account  or of the funds in the account;  (4)  any  checks  or  drafts  are lost  or  stolen;  (5)  there  are excessive  returned  unpaid  items  not  covered  by  an overdraft protection  plan; (6) there has been any misrepresentation  or any other abuse of any of your accounts;  or (7) we reasonably deem it necessary to prevent a loss to us. You may terminate a single party account by giving written notice.  We reserve the right to require the consent of all owners to terminate a joint multiple party account.  We  are not  responsible  for  payment  of  any  check,  draft, withdrawal, transaction,  or other  item after  your account  is terminated;  however,  if we pay an item after  termination,  you agree to reimburse us.

 

29.   TERMINATION OF MEMBERSHIP - You  may  terminate  your  membership  by  giving  us  written notice  or by  withdrawing  your minimum  required membership share(s), if any, and closing all your accounts.  You may be denied services for causing a loss to the Credit Union, or you may be expelled for any reason as allowed by applicable law.

30.   DEATH OF ACCOUNT OWNER - We may continue to honor all transfer orders, withdrawals, deposits, and other transactions on an account until we know of an owner’s death.  Once we  know  of an owner's  death,  we may pay checks  or drafts  or honor other payments  or  transfer  orders  authorized  by  the  deceased owner  for  a period  of  ten  (10)  days  after  that  date  unless  we  receive instructions  from any person claiming an interest in the account to stop payment on the checks, drafts,  or other items. We may require anyone claiming  funds from  an account  of a deceased owner  to indemnify  us for  any losses resulting  from  our honoring  that  claim. This Agreement will be binding upon any heirs or legal representatives of any account owner.

 

31.   UNLAWFUL INTERNET GAMBLING AND OTHER ILLEGAL ACTIVITIES - You agree that you are not engaged in unlawful internet gambling or any other illegal activity. You agree that you will not use any of your accounts, access devices or services for unlawful internet gambling or other illegal activities.  We may terminate your account relationship- if you engage in unlawful internet gambling or other illegal activities.

 

32.   SEVERABILITY - If a court holds any portion of this Agreement to be invalid or unenforceable, the remainder of this Agreement shall not be invalid or unenforceable and will continue in full force and effect.  All headings are intended for reference only and are not to be construed as part of the Agreement.

 

33.   ENFORCEMENT - You  are liable  to  us  for  any losses,  costs,  or  expenses we  incur  resulting  from  your  failure  to  follow  this Agreement.  You authorize us to deduct any such losses, costs, or expenses from your account without prior notice to you. If we bring a legal action  to  collect  any amount  due under  or to  enforce  this  Agreement,  we  shall be entitled,  subject  to  applicable  law,  to payment  of  reasonable  attorney's fees  and  costs,  including  fees  on  any  appeal,  bankruptcy  proceedings,  and  any  postjudgment collection actions.

 

34.   GOVERNING LAW - This Agreement  is governed by the Credit Union's  bylaws,  federal laws and regulations,  the laws,  including applicable  principles  of  contract  law,  and  regulations  of  the  state  in  which  the  Credit  Union's  main  office  is  located,  and  local clearinghouse  rules, as amended from  time  to  time.  As permitted by applicable law, you agree that any legal action regarding this Agreement shall be brought in the county in which the Credit Union is located.

 

35.   NEGATIVE INFORMATION NOTICE - We may report information about your loan, share, or deposit accounts to credit bureaus. Late payments, missed payments, or other defaults on your accounts may be reflected in your credit report.

  

Debit Card Program

debit card

Lobby Hours..

Monday - Friday
9:00 am to 5:00 pm
5002 Tesoro Plaza
Laredo, TX 78041        
Tel:  (956) 722-7841
Fax:  (956) 725-9643
  lfdfcu@bizlaredo.rr.com

 

 

Policies & Reports

2016 Annual Report

2015 Annual Report

2014 Scholarship Winners

2013 Scholarship Winners

2012 Scholarship Winners