Combination Term Share Certificate of Deposit/ Truth-in-Savings Paying Interest. Multistate Completion Guide

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1 Combination Term Share Certificate of Deposit/ Truth-in-Savings Paying Interest Multistate Completion Guide July 2009

2 Table of Contents INTRODUCTION... 1 Warranties and Limitations... 2 Warranties and Limitations for this Guide... 2 Warranties and Limitations for the Form(s) That Are the Subject of this Guide... 3 Other Important Terms for the Use of this Guide... 3 Certificate of Deposit/Truth-in-Savings (CDTIS-INT)... 8 Form PM-CDTIS-INT 7/2009 ii

3 INTRODUCTION USE OF THIS GUIDE. Use of this guide will constitute an express acceptance of all the terms set forth in the "Introduction," "Warranties and Limitations" and "Other Important Terms for the Use of this Guide" sections of this guide. Forms and Purpose. This guide is intended to assist credit unions that have purchased the following copyrighted Wolters Kluwer Financial Services form: CDTIS-INT Usage. The form listed above should only be used for the purpose for which it is intended. Format. In this guide, we attempt to answer the most common questions and problems you might confront in completing this form. This guide is not intended to address state specific laws. The entire form is reproduced at the beginning of this guide. Each separate item of the form which receives separate discussion in the guide is numbered. The explanatory text begins with a simple statement of what should ordinarily be filled in on the line being discussed. In some cases, this simple explanation is followed by a more detailed explanation and cross-references to other portions of the form which need to be considered with the item under discussion. Form Specific. This guide is written solely for use with the above referenced form. The existence of varying state laws means that some of the terms discussed may not be applicable in your state. Additionally, there may be provisions in the form developed for your state which are not discussed in this guide. Feel free to call us at our toll-free number ( ) if you need information about specific sections. This guide is not intended to be used with any other forms. Private Attorneys. In developing this guide, the form to which it pertains, and all of our other technical forms, we have interpreted many statutes, cases and regulations. We strongly encourage you to seek the advice of your own attorney concerning the utility of this guide, the legal sufficiency of the form to which it pertains, and all of our other technical forms. Any legal references in this guide are merely to assist you and your counsel in your review of our form and this guide. If you or your counsel's interpretations are contrary to ours, you should, of course, follow your own interpretations in using and completing the form. Comments. We encourage you to comment on and criticize this guide, the form to which it pertains, and all of our other forms. We make every effort to keep up with statutes, case law and financial institution practices, but the industry is constantly evolving and our effort is often assisted by our customers. We especially appreciate copies of any statutes or cases which you might feel are pertinent. Please submit your comments in writing either to your Sales Representative or to: Compliance Services Wolters Kluwer Financial Services 6815 Saukview Drive P.O. Box 1457 St. Cloud, MN Form PM-CDTIS-INT 7/2009 1

4 Warranties and Limitations Warranties and Limitations for this Guide WARRANTY DISCLAIMER. THIS GUIDE (INCLUDING ANY UPDATES TO IT), IS PROVIDED TO YOU AS IS AND WITH ALL FAULTS. WOLTERS KLUWER FINANCIAL SERVICES (WKFS) DOES NOT EXPRESSLY OR IMPLIEDLY WARRANT THE UTILITY OF THIS GUIDE OR THE INFORMATION THAT IT CONTAINS. THE USER OF THIS GUIDE MUST MAKE HIS/HER OWN INDEPENDENT JUDGMENT ON THESE ITEMS. WKFS MAKES NO WARRANTY, EXPRESS, IMPLIED, BY DESCRIPTION, BY SAMPLE OR OTHERWISE, AND IN PARTICULAR WITHOUT LIMITATION, MAKES NO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS OF PURPOSE REGARDING THIS GUIDE. WKFS employees, sales representatives, and other WKFS agents and representatives do not have authority to create any warranty obligations regarding this guide or to modify the above Warranty Disclaimer. Any such created warranty obligations or modifications will not be effective unless they are in writing and signed by the President or the Chief Financial Officer WKFS. LIMITATION OF LIABILITY AND REMEDIES. WKFS's liability, whether in contract, warranty, in tort, or otherwise arising in any way in connection with the sale or licensing of this guide (including any updates to it) SHALL NOT INCLUDE LIABILITY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOSS OR EXPENSE. WKFS's liability for any damages based on the providing, selling, licensing or using of this guide (including any updates to it), regardless of the form of action, shall not be more than the amount you paid for it or ten dollars, whichever is less. TIME LIMIT. No action, regardless of form, arising out of the providing, selling, licensing or using of this guide, may be brought by either party more than one (1) year after the cause of action has occurred, except that this limitation will not apply to an action for non-payment brought by WKFS. NO SUBSTITUTE FOR LEGAL COUNSEL. Before using this guide, you are advised to have your attorney review it to determine its legal sufficiency for your purposes. You acknowledge that WKFS is not authorized to practice law, nor may any of WKFS's officers, employees or agents provide legal counsel or accounting advice to you or your institution. Thus, any questions requiring legal or accounting advice must be directed to your institution's attorney or accounting professional for whom WKFS has no obligation or liability. The following notice is required by law: WOLTERS KLUWER FINANCIAL SERVICES PRODUCTS AND SERVICES ARE NOT A SUBSTITUTE FOR THE ADVICE OF AN ATTORNEY Form PM-CDTIS-INT 7/2009 2

5 Warranties and Limitations for the Form(s) That Are the Subject of this Guide The form(s) that are the subject of this guide are covered by an express warranty as follows: Preprinted Form(s). If you received the form(s) in preprinted format, they are covered by the Compliance Warranty for Lending, Deposit, and Retirement Plan Documents, as it may be updated or amended from time to time. The current Compliance Warranty is located on WKFS's internet website: Refer to the website for terms of the warranty. WKFS Software. If you produce the form(s) using WKFS document generating software, they are covered by the express warranty contained in your WKFS software license agreement. Refer to your license agreement for terms of the warranty. Electronic Format. If you received the form(s) in an electronic format ("EForms" or other electronic images) through a license with WKFS or with a third party provider, they are covered by the express warranty contained in your license agreement with WKFS or the third party provider. Refer to your license agreement for terms of the warranty. Other Important Terms for the Use of this Guide APPLICABLE LAW. The terms under which this guide is provided, sold, licensed or used will be governed by the laws of the State of Minnesota without regard to its conflict of laws provisions or those of any other state. Any action relating in any way to this guide will be exclusively venued in a court of competent jurisdiction in the State of Minnesota. COPYRIGHT. No part of this guide or any of WKFS's copyrighted forms may be reproduced by any person, by any means, or for any reason, without WKFS's express written permission. WKFS vigorously enforces its copyright interests and you should be aware that there are criminal penalties as well as civil penalties for violation of copyright law. For additional information about reproducing, licensing, or purchasing this guide, please contact us at: Wolters Kluwer Financial Services North American Law Department 6815 Saukview Drive P.O. Box 1457 St. Cloud, Minnesota Telephone: Form PM-CDTIS-INT 7/2009 3

6 CD-TIS-INT has been designed for use by a credit union opening any term share account for a credit union member. It can also be used in the event a member (or prospective member) inquires about the interest rate and Annual Percentage Yield applicable to particular term share accounts. (If you do use the form for this purpose, even if infrequently, void the certificate portion of the form.) The form combines your member s certificate of deposit with the required Truth-in-Savings disclosures. This guide is intended to help you fill out the form and explain any phrases or terms that may be unfamiliar to you or your member. If you have any questions, feel free to call the Compliance Services Department at Wolters Kluwer Financial Services. Use this form for: 1) Fixed rate term share accounts; or 2) Variable rate term share accounts; or 3) Exchange rate term share accounts. (By exchange rate, we mean any certificate of deposit program you offer that allows your member to trade up to a higher interest rate at some time during the term of the certificate.) 1. This is the certificate portion of the combination Term Share (Certificate)/Truth-in-Savings form. This portion certifies that the member has deposited funds in a term share account at your credit union. It also enables the member to prove to third persons who might be interested that he or she has this amount on deposit with the credit union. 2. This portion of the form is the Truth-in-Savings disclosure. To comply with the NCUA Regulation, you must disclose the information contained in this section. 3. You may complete this sentence by writing in a specific date in the case of an actual account opening or by using a time period in the case of an on request disclosure; for example, in six (6) months. 4. If you reserve the right to accelerate the maturity or to prevent automatic renewal, fill in your policy in the blank space provided (for example, by giving you 30 days notice ). 5. This is the most difficult section of the Truth-in-Savings disclosure. For each term share account opened, you must determine whether you will pay your member interest by using a fixed rate or by using a variable rate. (By variable rate, we mean any term share account in which the simple interest rate may change after the account is opened, unless the credit union contracts to give at least thirty (30) days advance written notice of rate decreases.) 6. If the term share account you are opening for your member is a fixed rate account, fill in the interest rate and the annual percentage yield. 7. For a fixed rate account, you will fill in this blank with the maturity date or with the words until maturity. Form PM-CDTIS-INT 7/2009 4

7 8. If the term share account you are opening for your member is a variable rate account, the member s interest rate and annual percentage yield may change. If the interest rate can vary beginning on the date the member opens the account, the second sentence should be filled in with the same date as Date Opened on the face of the certificate. You may, however, offer a teaser rate that is fixed for a period of the term of this account, after which a variable rate takes effect. You should treat this account as a variable rate account and fill in the second sentence with the date the variable rate kicks in. 9. There are two ways to apply a variable rate to your member s account. You may either determine the rate at your discretion or you may use an index to determine the applicable rate. We provide blank lines for you to indicate whether you use a margin above or below the index and for you to describe the index you use. 10. You must also indicate how often the interest rate can change. Common answers are weekly, monthly, or quarterly. 11. If the term share account you are opening for your member can be exchanged sometime prior to maturity for an account earning a higher rate of interest, mark this box. You should disclose the following things about this exchange rate account: (a) How many times the member may exchange the interest rate and (b) during what period of time. For example, you may restrict your member to only one exchange during the original term of the certificate. Or, you may allow your member to exchange any time during the first term of the certificate. You must also disclose: (c) What the exchange will cost the member (if the exchange does indeed cost anything) and (d) the maturity date of the new certificate. For example, you may decide that the exchange rate will only apply for the remainder of the period of the original certificate. In this case, the date you write in here will be the same as the maturity date disclosed above. Or, you may allow the member to trade for an entirely new term share account, thus setting a new maturity date. (e) We provide blank lines for you to include additional conditions that might apply to your exchange rate program. For example, if you restrict the exchange to only certain types of certificates or if you allow additions or withdrawals to the amount of the account deposit at the time of exchange, you need this space to describe these features of your exchange rate program. 12. Use the blank lines here to describe your policy with respect to compounding and crediting the interest on this term share account. 13. You must make these disclosures, if applicable to the term share account, by checking the boxes. Form PM-CDTIS-INT 7/2009 5

8 14. The amount you fill in this blank will probably be the same as the Amount of Deposit you filled in on the certificate itself, unless you allow additional deposits to this account. If you do allow additions to this account, you will disclose that information below. If the member must maintain this balance in the account each day to earn the APY disclosed, check the box below. 15. Check the box that accurately describes your policy regarding additional deposits to this term share account. If you allow additions, please check the minimum and/or maximum boxes, if they apply, and fill in the dollar amounts of these additions. 16. Fill in the blank to describe your policy regarding withdrawals of interest during the term of the account. The following examples should help you decide how to disclose your policy: (a) if you do not allow withdrawals of interest until maturity, you should write in: only at maturity. (b) if you allow a withdrawal before maturity but impose a penalty for the withdrawal, you should write in: but not without penalty for withdrawals prior to maturity. (c) if you allow withdrawals and do not impose a penalty, write in: at any time. (d) if you allow withdrawals but require the member to arrange for periodic payments, you would write in: before maturity but only if the member arranges for periodic payments. You may have a policy other than these. Use the blank lines. 17. In the first sentence, we presume there may be some circumstances where you waive your right to collect a penalty for early withdrawal of principal in the term share account (i.e. the death or incompetence of the account holder). Please fill in the amount of the penalty you impose for early withdrawal. The minimum penalty you must impose is the loss of 7 days interest on the amount withdrawn if the withdrawal is made within the first 6 days after the account is opened. You may have penalties larger than the minimum penalty. Most penalties for early withdrawal are defined in terms of the original maturity of the account. The most popular penalty is the loss of 1 month s interest if the account has an original maturity or notice period of one year or less, and the loss of 3 months interest if the account has an original maturity or notice period of more than one year. 18. If this is a variable rate account, and you have a penalty for early withdrawal that is the loss of interest earned on the amount withdrawn, you must disclose what rate you will use to calculate this penalty. Use the blank line if you calculate the penalty using some method we did not anticipate. 19. Indicate, using the checkboxes, whether this term share account is one which may or may not automatically renew. If the term share account does automatically renew, we have provided you with a blank space to fill in your grace period in the event the member doesn t want the certificate to renew. The NCUA Regulation describes the subsequent disclosures you must make for term share accounts longer than one month that renew automatically. Refer to the Regulation to review the notice requirements. Form PM-CDTIS-INT 7/2009 6

9 20. A bonus is defined by the NCUA Regulation as:... a premium, gift, award, or other consideration worth more than $10 (whether in the form of cash, credit, merchandise, or any equivalent) given or offered to a member during a year in exchange for opening, maintaining, or renewing an account, or increasing an account balance. The term does not include dividends, other consideration worth $10 or less given during a year, the waiver or reduction of a fee, the absorption of expenses, non-dividend membership benefits, or extraordinary dividends. You should describe any bonus you offer the member at account opening and write in the date by which the account must be opened to obtain the bonus. (This is necessary if you allow additions to the member s account or if you provide this disclosure to a member or prospective member inquiring about this account but not opening the account.) Form PM-CDTIS-INT 7/2009 7

10 Certificate of Deposit/Truth-in-Savings (CDTIS-INT) Form PM-CDTIS-INT 7/2009 8

11 Form PM-CDTIS-INT 7/ Wolters Kluwer Financial Services Form PM-CDTIS-INT 7/2009

Credit Union Certificate of Deposit Account Agreement. Multistate Completion Guide for the CDAACU Form Series

Credit Union Certificate of Deposit Account Agreement Multistate Completion Guide for the CDAACU Form Series Table of Contents INTRODUCTION... 1 Warranties and Limitations... 3 Warranties and Limitations