Membership Agreement

Important Account Information for Our Members

Terms and Conditions - Electronic Fund Transfers - Funds Availability - Truth in Savings

TERMS AND CONDITIONS OF YOUR ACCOUNT

Important Information About Procedures For Opening A New Account - 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. What this means for you: When you open an account, we will ask for your name, address, date of birth and other information that will allow us to identify you. We may also ask to see your driver’s license or other identifying documents.

Agreement - This document, along with any other documents we give you pertaining to your account(s), is a contract that establishes rules which control your account(s) with us. Please read this carefully. If you sign the signature card or open or continue to use the account, you agree to these rules. You will receive a separate schedule of rates, qualifying balances, and fees if they are not included in this document. If you have any questions, please call us. This agreement is subject to applicable Federal laws and the laws of the State of New York (except to the extent that this agreement can and does vary such rules or laws). The body of State and Federal law that governs our relationship with you, however, is too large and complex to be reproduced here. The purpose of this document is to:

  1. summarize some laws that apply to common transactions;
  2. establish rules to cover transactions or events which the law does not regulate;
  3. establish rules for certain transactions or events which the law regulates but permits variation by agreement; and
  4. give you disclosures of some of our policies to which you may be entitled or in which you may be interested.

If any provision of this document is found to be unenforceable according to its terms, all remaining provisions will continue in full force and effect. We may permit some variations from our standard agreement, but we must agree to any variation in writing either on the signature card for your account or in some other document. As used in this document the words "we," "our," and "us" mean the financial institution and the words "you" and "your" mean the accountholder(s) and anyone else with the authority to deposit, withdraw, or exercise control over the funds in the account. The headings in this document are for convenience or reference only and will not govern the interpretation of the provisions. Unless it would be inconsistent to do so, words and phrases used in this document should be construed so the singular includes the plural and the plural includes the singular.

Bylaws - Our bylaws, which we may amend from time to time, establish basic rules about our credit union policies and operations which affect your account and membership. You may obtain a copy of the bylaws on request. Our right to require you to give us notice of your intention to withdraw funds from your account is described in the bylaws. Unless we have agreed otherwise, you are not entitled to receive any original item after it is paid, although you may request that we send you an item(s) or a copy of an item(s). Dividends are based on current earnings and available earnings of the credit union, after providing for required reserves.

Liability - You agree, for yourself (and the person or entity you represent if you sign as a representative of another) to the terms of this account and the schedule of charges. You authorize us to deduct these charges directly from the account balance as accrued. You will pay any additional reasonable charges for services you request which are not covered by this agreement. Each of you also agrees to be jointly and severally (individually) liable for any account shortage resulting from charges or overdrafts, whether caused by you or another with access to this account. This liability is due immediately, and can be deducted directly from the account balance whenever sufficient funds are available. You have no right to defer payment of this liability, and you are liable regardless of whether you signed the item or benefited from the charge or overdraft. You will be liable for our costs to collect the deficit as well as for our reasonable attorneys' fees, to the extent permitted by law, whether incurred as a result of collection or in any other dispute involving your account including, but not limited to, disputes between you and another joint owner; you and an authorized signer or similar party; or a third party claiming an interest in your account.

Deposits - We will give only provisional credit until collection is final for any items, other than cash, we accept for deposit (including items drawn "on us"). Actual credit for deposits of, or payable in, foreign currency will be at the exchange rate in effect on final collection in U.S. dollars. We are not responsible for transactions by mail or outside depository until we actually record them. We will treat and record all transactions received after our "daily cutoff time" on a business day we are open, or received on a day we are not open for business, as if initiated on the next business day that we are open.

Withdrawals - Unless clearly indicated otherwise on the account records, any of you, acting alone, who signs to open the account or has authority to make withdrawals may withdraw or transfer all or any part of the account balance at any time. Each of you (until we receive written notice to the contrary) authorizes each other person who signs or has authority to make withdrawals to indorse any item payable to you or your order for deposit to this account or any other transaction with us. You agree that, as to any item that we have no opportunity to examine the signatures, such as an electronic check conversion transaction where a check or similar item is converted into an electronic fund transfer as defined in the Electronic Fund Transfers regulation, you waive any requirement of multiple signatures for withdrawal. We may charge your account for a check even though payment was made before the date of the check, unless we have received written notice of the postdating in time to have a reasonable opportunity to act. We may refuse any withdrawal or transfer request which you attempt on forms not approved by us, by any method we do not specifically permit, which is greater in number than the frequency permitted, or which is for an amount greater or less than any withdrawal limitations. Even if we honor a nonconforming request, we may treat continued abuse of the stated limitations (if any) as your act of closing the account. We will use the date the transaction is completed by us (as opposed to the date you initiate it) to apply the frequency limitations. The fact that we may honor withdrawal requests that overdraw the available account balance does not obligate us to do so later. You agree that we may charge fees for overdrafts and use subsequent deposits, including direct deposits of Social Security or other government benefits, to cover such overdrafts and overdraft fees. If we are presented with an item drawn against your account that would be a "substitute check," as defined by law, but for an error or defect in the item introduced in the substitute check creation process, you agree that we may pay such item. See the Funds Availability policy disclosure for information about when you can withdraw funds you deposit. For those accounts for which our Funds Availability policy disclosure does not apply, you can ask us when you make a deposit when those funds will be available for withdrawal.

Ownership Of Account And Beneficiary Designation - These rules apply to this account depending on the form of ownership and beneficiary designation, if any, specified on the account records. We reserve the right to refuse some forms of ownership on any or all of our accounts. We make no representations as to the appropriateness or effect of the ownership and beneficiary designations, except as they determine to whom we pay the account funds.

Individual Account - An account in the name of one person.

Joint Account - With Survivorship (And Not As Tenants In Common) An account owned by two (2) or more persons. Deposits and any additions to the account are the property of the owners as joint tenants with right of survivorship. This means that we may release the entire account to any owner during the lifetime of all owners. We may honor withdrawal requests (including checks) from any owner during the lifetime of all owners. We may be required to release money in the account to satisfy a judgment against or other valid debt incurred by any owner. We may honor withdrawal requests (including checks) from any surviving owner after the death of any owner, and may treat the account as the sole property of the surviving owner(s). Unless an owner directs us by written notice not to honor the withdrawal request (including checks) of an owner, we will not be liable for doing so. After we receive such a notice, we may require written authorization of any or all joint owners for any further payments or deliveries.

Joint Account - No Survivorship (As Tenants In Common) – An account owned by two (2) or more persons, but none intend (merely by opening this account) to create any right of survivorship in any other person. We encourage all owners to agree and tell us in writing of the percentage of the deposit contributed by each. This information will not, however, affect the "number of signatures" necessary for withdrawal.

Convenience Account - Governed by New York Banking Law § 678. See separate disclosure.

Revocable Trust Account - If two (2) or more create such an account, all own the account jointly with survivorship. Beneficiaries cannot withdraw unless: (a) all persons creating the account die, and (b) the beneficiary is then living. If two (2) or more beneficiaries are named and survive the death of all persons creating the account, such beneficiaries will own this account in equal shares, without right of survivorship. The person(s) creating this account type reserve the right to: (a) change beneficiaries, (b) change account types, and (c) withdraw all or part of the account funds at any time.

Business, Organization, And Association Accounts - Earnings in the form of interest, dividends, or credits will be paid only on collected funds, unless otherwise provided by law or our policy. We may require the governing body of the entity opening the account to give us a separate authorization telling us who is authorized to act on its behalf. We will honor the authorization until we actually receive written notice of a change from the governing body of the entity.

Stop Payments - A stop payment order must be given in the manner required by law, must be received in time to give us a reasonable opportunity to act on it, and must precisely identify the number, date, and amount of the item, and the payee. We will honor a stop payment request by the person who signed the particular item, and by any other person, even though such other person did not sign the item, if such other person has an equal or greater right to withdraw from this account than the person who signed the item in question. A release of the stop payment request may be made only by the person who initiated the stop payment order.

Telephone Transfers - A telephone transfer of funds from this account to another account with us, if otherwise arranged for or permitted, may be made by the same persons and under the same conditions generally applicable to withdrawals made in writing. Unless a different limitation is disclosed in writing, we restrict the number of transfers from a Savings account to another account or to third parties, to a maximum of six (6) per month (less the number of "preauthorized transfers" during the month). Other account transfer restrictions may be described elsewhere.

Amendments, Termination, and Limitation of Services - We may change our bylaws and any term of this agreement. Rules governing changes in rates are provided separately. For other changes we will give you reasonable notice, if required by law, in writing or by any other method permitted by law. We may close this account if your membership in the credit union terminates, or by giving reasonable notice to you and tender of the account balance personally or by mail. At our option, we may suspend or limit your rights to certain member services if you violate the terms of this agreement. Services may also be limited for reasons including but not limited to: a) abusive conduct toward employees or other members, including but not limited to, verbal abuse, abusive physical contact, threatening language, unwanted sexual advances or remarks regarding age, gender, sexual orientation, ethnic, religious, sexual, religious, or racial harassment; b) deliberate or repeated violations of security procedures or safety rules; c) destruction, appropriation, or misappropriation of ActorsFCU’s funds, property, or other material proprietary to ActorsFCU; d) conducting or attempting to conduct or engage in any fraudulent, dishonest, or deceptive activity of any kind involving employees or ActorsFCU services;

e) account abuse, including but not limited to, repeated, multiple overdrafts of accounts; repeated, multiple loss or replacements of checks, debit or credit cards, or PINs; f) repeated harassment of credit union employees that interferes with their ability to provide services to other members; g) any other account behavior which causes a loss to the credit union.  For your own security, you must keep us informed of your current address at all times. Notice from us to any individual owner of a joint account is notice to all other owners of that account

Statements - Your Duty To Report Unauthorized Signatures, Alterations And Forgeries - You must examine your statement of account with "reasonable care and promptness." If you discover (or reasonably should have discovered) any unauthorized signatures or alterations, you must promptly notify us of the relevant facts. As between you and us, if you fail to do either of these duties, you will have to bear the entire loss. Your loss could be not only with respect to items on the statement but other items with unauthorized signatures or alterations by the same wrongdoer. We lose these protections if you establish that we failed to exercise ordinary care in paying an item with an unauthorized signature or alteration. You agree that the time you have to examine your statement and report to us will depend on the circumstances, but will not, in any circumstance, exceed a total of fourteen (14) days from when the statement is first sent or made available to you. You further agree that if you fail to report any unauthorized signatures, alterations, or forgeries in your account within sixty (60) days of when we first send or make the statement available, you cannot assert a claim against us on any items in that statement, and as between you and us the loss will be entirely yours. This fifty-day (50-day) limitation is without regard to whether we used ordinary care. The limitation in this paragraph is in addition to that contained in the first paragraph of this section.

Your Duty To Report Other Errors - In addition to your duty to review your statements for unauthorized signatures, alterations, and forgeries, you agree to examine your statement with reasonable promptness for any other error such as an encoding error. You agree that the time you have to examine your statement and report to us will depend on the circumstances. However, such time period shall not exceed sixty (60) days. Failure to examine your statement and report any such errors to us within sixty (60) days of when we first send or make the statement available precludes you from asserting a claim against us for any such errors on items identified in that statement and as between you and us the loss will be entirely yours.

Errors Relating To Electronic Fund Transfers Or Substitute Checks - For information on errors relating to electronic fund transfers (e.g., computer, debit card, or ATM transactions) refer to your Electronic Fund Transfers disclosure and the sections on Consumer Liability and Error Resolution. For information on errors relating to a substitute check you received, refer to your disclosure entitled Substitute Checks and Your Rights.

Account Transfer - This account may not be transferred or assigned without our prior written consent.

Direct Deposits - If, in connection with a direct deposit plan, we deposit any amount in an account which should have been returned to the Federal Government for any reason, you authorize us to deduct the amount of our liability to the Federal Government from the account or from any other account you have with us, without prior notice and at any time, except as prohibited by law. We may also use any other legal remedy to recover the amount of our liability.

Temporary Account Agreement - If this option is selected, this is a temporary account agreement. Each person who signs to open the account or has authority to make withdrawals (except as indicated to the contrary) may transact business on this account. However, we may at some time in the future restrict or prohibit further use of this account if you fail to comply with the requirements we have imposed within a reasonable time.

Right To Repayment Of Indebtedness - You each agree that we may (when permitted by law) charge against and deduct from this account any due and payable debt owed to us now or in the future, by any of you having the right of withdrawal, to the extent of such persons' or legal entity's right to withdraw. If the debt arises from a note, "any due and payable debt" includes the total amount of which we are entitled to demand payment under the terms of the note at the time we charge the account, including any balance due for which we properly accelerate under the note. In addition to these contract rights, we may also have rights under a "statutory lien." A "lien" on property is a creditor's right to obtain ownership of the property in the event a debtor defaults on a debt. A "statutory lien" is one created by Federal or State statute. If Federal or State law provides us with a statutory lien, then we are authorized to apply, without prior notice, your savings and dividends to any debt you owe us, in accord with the statutory lien. Neither our contract rights nor rights under a statutory lien apply to this account if prohibited by law. For example, neither our contract rights nor rights under a statutory lien apply to this account if: (a) it is an Individual Retirement Account or similar tax-deferred account, or (b) the debt is created by a consumer credit transaction under a credit card plan (but this does not affect our rights under any consensual security interest), or (c) the debtor's right of withdrawal arises only in a representative capacity, or (d) Social Security or supplemental security income payments are deposited directly into this account pursuant to an agreement with us which permits such direct deposit without presentation to you at the time of deposit. We will not be liable for the dishonor of any check or draft when the dishonor occurs because we charge and deduct an amount you owe us from your account. You agree to hold us harmless from any claim arising as a result of our exercise of our right to repayment.

Restrictive Legends - We are not required to honor any restrictive legend on checks you write unless we have agreed in writing to the restriction. Examples of restrictive legends are "must be presented within ninety (90) days" or "not valid for more than $1,000."

Payment Order Of Items - The law permits us to pay items (such as checks or drafts) drawn on your account in any order. To assist you in handling your account with us, we are providing you with the following information regarding how we process the items that you write. When processing items drawn on your account, our policy is to pay them in the order that they are received. The order in which items are paid is important if there is not enough money in your account to pay all of the items that are presented. There is no policy that is favorable in every instance. If the smallest items are paid first, you may have fewer NSF or overdraft fees, but the largest, and perhaps more important items (such as rent or mortgage payments) might not be paid. If an item is presented without sufficient funds in your account to pay it, we may, at our discretion, pay the item (creating an overdraft) or return the item (NSF). The amounts of the overdraft and NSF fees are disclosed elsewhere. By paying items in the order that we receive them, we believe our policy attains a reasonable balance between minimizing additional cost to you and paying your more important items. We encourage you to make careful records and practice good account management. This will help you to avoid writing checks or drafts without sufficient funds and incurring the resulting fees.

Pledges - Unless we agree otherwise in writing, each owner of this account may pledge all or any part of the funds in it for any purpose to which we agree. Any pledge of this account must first be satisfied before the rights of any surviving account owner or account beneficiary become effective.

Check Processing - We may process items mechanically by relying on the information encoded along the bottom of the items. This means that we may not individually examine all of your items to determine if the item is properly completed, signed, and indorsed. You agree that we have not failed to exercise ordinary care solely because we use an automated system to process items and do not inspect all items processed in such a manner. We reserve the right not to inspect each item because using an automated process helps us keep costs down for you and all accountholders. We may determine the amount of available funds in your account for the purpose of deciding whether to return an item for insufficient funds at any time between the time we receive the item and when we return the item or send a notice in lieu of return. We need only make one determination, but if we choose to make a subsequent determination, the account balance at the subsequent time will determine whether there are insufficient available funds.

Check Cashing - We may charge a fee for anyone who does not have an account with us who is cashing a check, draft, or other instrument written on your account. We may also require reasonable identification to cash such a check, draft, or other instrument. We can decide what identification is reasonable under the circumstances and such identification may be documentary or physical and may include collecting a thumbprint or fingerprint.

ACH And Wire Transfers - This agreement is subject to Article 4A of the Uniform Commercial Code - Fund Transfers as adopted in the state in which you have your account with us. If you originate a fund transfer for which Fedwire is used, and you identify by name and number a beneficiary financial institution, an intermediary financial institution, or a beneficiary, we and every receiving or beneficiary financial institution may rely on the identifying number to make payment. We may rely on the number even if it identifies a financial institution, person, or account other than the one named. You agree to be bound by automated clearing house association rules. These rules provide, among other things, that payments made to you, or originated by you, are provisional until final settlement is made through a Federal Reserve Bank or payment is otherwise made as provided in Article 4A-403(a) of the Uniform Commercial Code. If we do not receive such payment, we are entitled to a refund from you in the amount credited to your account, and the party originating such payment will not be considered to have paid the amount so credited. If we receive a payment order to credit an account you have with us by wire or ACH, we are not required to give you any notice of the payment order or credit.

Facsimile Signatures - You authorize us, at any time, to charge you for all checks, drafts, or other orders, for the payment of money, that are drawn on us regardless of by whom or by what means the facsimile signature(s) may have been affixed so long as they resemble the facsimile signature specimen filed with us, and contain the required number of signatures for this purpose.

ELECTRONIC FUND TRANSFERS - YOUR RIGHTS AND RESPONSIBILITIES

Indicated below are types of Electronic Fund Transfers we are capable of handling, some of which may not apply to your account. Please read this disclosure carefully because it tells you your rights and obligations for the transactions listed. You should keep this notice for future reference.

Electronic Fund Transfers Initiated By Third Parties - You may authorize a third party to initiate electronic fund transfers between your account and the third party's account. These transfers to make or receive payment may be one-time occurrences or may recur as directed by you. These transfers may use the Automated Clearing House (ACH) or other payments network. Your authorization to the third party to make these transfers can occur in a number of ways. For example, your authorization to convert a check or draft to an electronic fund transfer or to electronically pay a returned check or draft charge can occur when a merchant provides you with notice and you go forward with the transaction (typically, at the point of purchase, a merchant will post a sign and print the notice on a receipt). In all cases, these third-party transfers will require you to provide the third party with your account number and credit union information. This information can be found on your check or draft as well as on a deposit or withdrawal slip. Thus, you should only provide your credit union and account information (whether over the phone, the Internet, or via some other method) to trusted third parties whom you have authorized to initiate these electronic fund transfers. Examples of these transfers include, but are not limited to:

  • Preauthorized Credits - You may make arrangements for certain direct deposits, such as U.S. Treasury (Social Security) or some employer (payroll) to be accepted into your Checking or Savings account(s).
  • Preauthorized Payments - You may make arrangements to pay certain recurring bills from your Checking or Savings account(s).
  • Electronic Check Or Draft Conversion - You may authorize a merchant or other payee to make a one-time electronic payment from your Checking or Savings account using information from your check or draft to pay for purchases or pay bills.
  • Electronic Returned Check Or Draft Charge - You may authorize a merchant or other payee to initiate an electronic funds transfer to collect a charge in the event a check or draft is returned for insufficient funds.

Touchtone Teller Telephone Transfers - Types Of Transfers - You may access your account by telephone 24 hours a day at 212.869.8977 using your Personal Identification Number, a touch-tone phone, and your account numbers, to:

  • transfer funds from Checking to Savings
  • transfer funds from Savings to Checking
  • transfer funds from Savings to Club (Holiday and/or Vacation)
  • transfer funds from Checking to Club (Holiday and/or Vacation)
  • make payments from Checking to Loan accounts with us
  • make payments from Savings to Loan accounts with us
  • check on Savings debit and credit activity for the past three (3) months (five transactions at a time)
  • check on Checking debit and credit activity for the past three (3) months (five transactions at a time)
  • make a Savings withdrawal (request a check)
  • make a Checking withdrawal (request a check)
  • get information about:
    • Checking account balance
    • Savings account balance

–      Club account balance

–      Certificate account balance

  • Loan balance
  • Check or Draft clearance

ActorCash ATM/VISA Debit Card Transfers - Cirrus, NYCE, and CO-OP Networks - Types Of Transfers And Dollar Limitations - You may access your account(s) by ATM using your ActorCash card or ActorCash VISA Debit Card and Personal Identification Number, to:

  • make deposits to Checking account with an ATM VISA Debit Card
  • make deposits to Savings account with an ATM VISA Debit Card
  • get cash withdrawals from Checking account with an ATM VISA Debit Card
    • you may withdraw no more than $600 per 24-hour period
  • get cash withdrawals from Savings account with an ATM VISA Debit Card
    • you may withdraw no more than $600 per 24-hour period
  • transfer funds from Checking to Savings account with an ATM VISA Debit Card
  • transfer funds from Savings to Checking account with an ATM VISA Debit Card
  • get information about:
    • the account balance of Checking account
    • the account balance of Savings account

Some of these services may not be available at all terminals.

Types of ActorCash ATM / Debit Card Transactions - You may access your Checking account to purchase goods (in person), pay for services (in person), and get cash from a merchant if the merchant permits (transactions using PIN may not exceed $1,000 in transactions per 24-hour period), or from a participating financial institution.

Debit Card Transactions - Dollar Limitations - Using your debit card:

  • you may not exceed $2,500 in transactions per 24-hour period

Types of ActorCash VISA Debit Card Point-Of-Sale Transactions - You may access your Checking account(s) to purchase goods (in person, online, or by phone), pay for services (in person, online, or by phone), and do anything that a participating merchant will accept.

Substitute Checks and Your Rights -

What is a substitute check? 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 your 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 us may be substitute checks. This notice describes rights you have when you receive substitute checks from us. The rights in this notice do not apply to original checks or to electronic debits to your account. However, you have rights under other law with respect to those transactions.

What are my rights regarding substitute checks? In certain cases, federal law provides 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 we withdrew the wrong amount from your account or that we 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, bounced check 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 are also 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 law. If you use this procedure, you may receive up to $2,500 of your refund (plus interest if your account earns interest) within 10 business days after we received your claim and the remainder of your refund (plus interest if your account earns interest) not later than 45 calendar days after we received your claim. We may reverse the refund (including any interest on the refund) if we later are able to demonstrate that the substitute check was correctly posted to your account.

How do I make a claim for a refund? If you believe that you have suffered a loss relating to a substitute check that you received and that was posted to your account, please contact us at 212.869.8926, option 6, or mservices@actorsfcu.com. You must contact us within 40 calendar days of the date we mailed (or otherwise delivered by a means to which you agreed) the substitute check in question or the account statement showing that the substitute check was posted to your account, whichever is later. We will extend this time period if you were not able to make a timely claim because of extraordinary circumstances. Your claim must include:

  • 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 you suffered a loss; and
  • A copy of the substitute check or the following information to help us identify the substitute check: the check number, the name of the person to whom you wrote the check, and the amount of the check.

Currency Conversion And International Transactions - When you use your VISA®-branded Debit Card at a merchant that settles in currency other than U.S. dollars, the charge will be converted into the U.S. dollar amount. The currency conversion rate used to determine the transaction amount in U.S. dollars is either a rate selected by VISA from the range of rates available in wholesale currency markets for the applicable central processing date, which rate may vary from the rate VISA itself receives, or the government-mandated rate in effect for the applicable central processing date. The conversion rate in effect on the processing date may differ from the rate in effect on the transaction date or posting date. VISA U.S.A. charges us a .8% International Service Assessment on all international transactions, regardless of whether there is a currency conversion. If there is a currency conversion, the International Service Assessment is 1% of the transaction. In either case, we pass this international transaction fee on to you. An international transaction is a transaction where the country of the merchant is outside the U.S.A.

Advisory Against Illegal Use - You agree not to use your card(s) for illegal gambling or other illegal purpose. Display of a payment card logo by, for example, an online merchant does not necessarily mean that transactions are lawful in all jurisdictions in which the cardholder may be located.

Online Banking Computer Transfers - Types Of Transfers - You may access your account(s) by computer through the Internet access to actorsfcu.com and using your Personal Identification Number, to:

  • transfer funds from Checking to Savings
  • transfer funds from Checking to eMax$ Online
  • transfer funds from Savings to Checking
  • transfer funds from Checking or Savings to Club (Holiday and/or Vacation)
  • make payments from Checking to Loan account(s) with us
  • make payments from Checking to third parties (Bill Payment)
  • make payments from Savings to Loan account(s) with us
  • complete a Loan or Credit Card application
  • get information about:
    • the account balance of Checking account(s)
    • the account balance of Savings account(s)
    • the account balance of Club (Holiday and/or Vacation)
    • the past ninety (90) days history of Checking or Savings activity
    • the account balance of Loans or Certificates

FEES

  • We do not charge for direct deposits to any type of account.
  • We do not charge for preauthorized payments from any type of account.

Except as indicated elsewhere, we do not charge for these electronic fund transfers.

ATM Operator / Network Fees - When you use an ATM that is not owned by us, you may be charged a fee by the ATM operator or any network used (and you may be charged a fee for a balance inquiry even if you do not complete a fund transfer).

DOCUMENTATION

  • Terminal Transfers - You can get a receipt at the time you make a transfer to or from your account using an Automated Teller Machine (ATM) or point-of-sale terminal. However, you may not get a receipt if the amount of the transfer is $15 or less.
  • Preauthorized Credits - If you have arranged to have direct deposit made to your account at least once every sixty (60) days from the same person or company, the person or company making the deposit will tell you every time they send us the money.
  • Preauthorized Credits - If you have arranged to have direct deposit made to your account at least once every sixty (60) days from the same person or company, you can call us at 212.869.8926 to find out whether or not the deposit has been made.
  • Periodic Statements - You will get a monthly account statement from us for your Checking account. You will get a quarterly account statement from us for your Savings account.

PREAUTHORIZED PAYMENTS

  • Right To Stop Payment And Procedure For Doing So - If you have told us in advance to make regular payments out of your account, you can stop any of these payments. Here is how: Call or write us at the telephone number or address listed in this agreement in time for us to receive your request at least three (3) business days (not including the day of transaction) or more before the payment is scheduled to be made. We require you to put your request in writing fourteen (14) days after you call. Please refer to our separate Fee Schedule for the amount we will charge you for each stop-payment order you request.
  • Notice Of Varying Amounts - If these regular payments vary in amount, the person you are going to pay will tell you, ten (10) days prior to payment date, when it will be made and how much it will be. (You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set.)
  • Liability For Failure To Stop Payment Of Preauthorized Transfer - If you order us to stop one of these payments at least three (3) business days (not including the day of transaction) before the transfer is scheduled and we do not do so, we may be liable for your losses or damages.

FINANCIAL INSTITUTION'S LIABILITY

Liability For Failure To Make Transfers - If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we are not liable for damages. However, there are some exceptions. We will not be liable, for instance:

  1. If, through no fault of ours, you do not have enough money in your account to make the transfer.
  2. If you have an overdraft line and the transfer would go over the credit limit.
  3. If the Automated Teller Machine where you are making the transfer does not have enough cash.
  4. If the terminal or system was not working properly and you knew about the breakdown when you started the transfer.
  5. If circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions that we have taken.

There may be other exceptions stated in our agreement with you.

CONFIDENTIALITY

We will disclose information to third parties about your account or the transfers you make after written authorization from you:

  1. Where it is necessary for completing transfers; or
  2. In order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant; or
  3. In order to comply with government agency or court orders; or
  4. As explained in the separate Privacy Disclosure.

UNAUTHORIZED TRANSFERS

  1. Consumer Liability -
  • General. Tell us AT ONCE if you believe your card and/or code has been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission using information from your check or draft. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your account (plus your maximum overdraft line of credit). If you tell us within two (2) business days after you learn of the loss or theft of your card and/or code, you can lose no more than $50 if someone used your card and/or code without your permission. If you do NOT tell us within two (2) business days after you learn of the loss or theft of your card and/or code, and we can prove we could have stopped someone from using your card and/or code without your permission if you had told us, you could lose as much as $500. Also, if your statement shows transfers that you did not make, including those made by card, code, or other means, tell us at once. If you do not tell us within sixty (60) days after the statement was delivered to you, you may not get back any money you lost after the sixty (60) days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.
  • Additional Limit on Liability for ActorCash VISA Debit Card. Unless you have been grossly negligent or have engaged in fraud, you will not be liable for any unauthorized transactions using your lost or stolen ActorCash VISA Debit Card. This additional limit on liability does not apply to ATM transactions or to transactions using your Personal Identification Number which are not processed by VISA®.
  1. Contact In Event Of Unauthorized Transfer - If you believe your card and/or code has been lost or stolen, call or write us at the telephone number or address listed in this brochure. You should also call the number or write to the address listed in this agreement if you believe a transfer has been made using the information from your check or draft without your permission.

ERROR RESOLUTION NOTICE

In Case of Errors or Questions About Your Electronic Transfers - Call or write us at the telephone number or address listed in this agreement, as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than sixty (60) days after we sent, or made available to you, the FIRST statement on which the problem or error appeared.

  1. Tell us your name and account number.
  2. Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
  3. Tell us the dollar amount of the suspected error.

If you tell us orally, we may require that you send us your complaint or question in writing within ten (10) business days. We will determine whether an error occurred within ten (10) business days (five [5] business days for ActorCash VISA Debit Card point-of-sale transactions processed by VISA and twenty [20] business days if the transfer involved a new account) after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days (ninety [90] days if the transfer involved a new account, a point-of-sale transaction, or a foreign-initiated transfer) to investigate your complaint or question. If we decide to do this, we will credit your account within ten (10) business days (five [5] business days for ActorCash VISA Debit Card point-of-sale transactions processed by VISA and twenty [20] business days if the transfer involved a new account) for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) business days, we may not credit your account. Your account is considered a new account for the first thirty (30) days after the first deposit is made, unless each account owner already has an established account with us before this account is opened. We will tell you the results within three (3) business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.

Actors Federal Credit Union, Member Services, 165 West 46th Street, New York, NY 10036-2508 - Phone: 212.869.8926

Business Days: Monday - Friday (Excluding Federal Holidays) - More detailed information is available on request.

 

NOTICE OF ATM / NIGHT-DEPOSIT FACILITY USER PRECAUTIONS

As with all financial transactions, please exercise discretion when using an Automated Teller Machine (ATM) or night-deposit facility. For your own safety, be careful. The following suggestions may be helpful.

  1. Prepare for your transactions at home (for instance, by filling out a deposit slip) to minimize your time at the ATM or night-deposit facility.
  2. Mark each transaction in your account record, but not while at the ATM or night-deposit facility. Always save your ATM receipts. Do not leave them at the ATM or night-deposit facility because they may contain important account information.
  3. Compare your records with the account statements you receive.
  4. Do not lend your ATM card to anyone. Protect your ATM card as though it were cash.
  5. Do not leave your card at the ATM. Do not leave any documents at a night-deposit facility.
  6. If you lose your ATM card or if it is stolen, promptly notify us.
  7. Protect the secrecy of your Personal Identification Number (PIN). Do not give anyone information regarding your ATM card or PIN over the telephone. Never enter your PIN in any ATM that does not look genuine, has been modified, has a suspicious device attached, or is operating in a suspicious manner. Do not write your PIN where it can be discovered. For example, do not keep a note of your PIN in your wallet or purse.
  8. Prevent others from seeing you enter your PIN by using your body to shield their view.
  9. Do not accept assistance from anyone you do not know when using an ATM or night-deposit facility.
  10. When you make a transaction, be alert to your surroundings. Look out for suspicious activity near the ATM or night-deposit facility, particularly if it is after sunset. At night, be sure that the facility (including the parking area and walkways) is well lit. Consider having someone accompany you when you use the facility, especially after sunset. Defer your transaction if circumstances cause you to be apprehensive for your safety.
  11. If you notice anything suspicious or if any other problem arises after you have begun an ATM transaction, cancel the transaction, pocket your card, and leave. Consider using another ATM or return later.
  12. Please be sure to close any entry door completely upon entering and exiting the ATM or night-depository facility. Do not permit any unknown persons to enter the facility after regular banking hours.
  13. Do not display your cash; place withdrawn cash securely upon your person before exiting the ATM. Count the cash later when you are in the safety of your own car, home, or other secure surrounding.
  14. At a drive-up facility, make sure all the car doors are locked and all of the windows are rolled up, except the driver's window. Keep the engine running and remain alert to your surroundings.
  1. We want the ATM and night-deposit facility to be safe and convenient for you. The activity of the Automated Teller Machine facility may be recorded by a surveillance camera or cameras. Please tell us if you know of any problem with a facility. For instance, let us know if a light is not working or there is any damage to a facility. Call the police if emergency assistance is needed. Direct complaints concerning ATM facility security to us at the phone number listed in this agreement or the New York Banking Department Consumer Services Hotline at 1.877.BANK NYS (1.877.226.5697).

FUNDS AVAILABILITY – YOUR ABILITY TO WITHDRAW FUNDS

This policy statement applies to all accounts. Our policy is to make funds from your check deposits available to you on the second business day after the day we receive your deposit, with the first $200 available on the day of your deposit. Electronic direct deposits will be available on the day we receive the deposit. Cash, wire transfers, and some specified check deposits will also be available before the second business day, as, detailed below. Once the funds are available, you can withdraw them in cash and we will use the funds to pay checks that you have written. Please remember that even after we have made funds available to you, and you have withdrawn the funds, you are still responsible for check(s) you deposit that are returned to us unpaid and for any other problems involving your deposit.

DETERMINING THE AVAILABILITY OF A DEPOSIT

For determining the availability of your deposits, every day is a business day, except Saturdays, Sundays, and Federal holidays. If you make a deposit before 5:00 P.M. on a business day that we are open, we will consider that day to be the day of your deposit. However, if you make a deposit after 5:00 P.M. or on a day we are not open, we will consider the deposit was made on the next business day we are open.

Same-Day Availability - Funds from electronic direct deposits to your account will be available on the day we post the deposit.

Next-Day Availability - Funds from the following deposits are available on the first business day after the day of your deposit:

  • U.S. Treasury checks that are payable to you
  • Wire transfers
  • Checks or drafts drawn on Actors Federal Credit Union

If you make the deposit in person to one of our employees, funds from the following deposits are also available on the first business day after the day of your deposit:

  • Cash
  • State and local government checks that are payable to you
  • Cashier's, certified, and teller's checks that are payable to you
  • Federal Reserve Bank checks, Federal Home Loan Bank checks, and postal money orders, if these items are payable to you

If you do not make your deposit in person to one of our employees (for example, if you mail the deposit), funds from these deposits will be available on the second business day after the day we receive your deposit.

Other Check Deposits Subject to Second-Day Availability

The first $200 from a deposit of checks other than those listed above will be available on the day of your deposit. The remaining funds will be available on the second business day after the day of your deposit. For example, if you deposit a check of $700 on a Monday, $200 of the deposit is available on Monday. The remaining $500 will be available on Wednesday. If we cash a check for you that is drawn on another bank, we may withhold the availability of a corresponding amount of funds in one of your accounts. Those funds will be available when funds from the check cashed would have been available if you had deposited it. If we accept for deposit a check that is drawn on another bank, we may make funds from the deposit available for withdrawal immediately, but delay your availability to withdraw a corresponding amount of funds that you have on deposit in another account with us. The funds in the other account would then not be available for withdrawal until the time periods that are described elsewhere in this disclosure for the type of check that you deposited.

LONGER DELAYS MAY APPLY

Funds you deposit by check may be delayed for a longer period under the following circumstances:

  • We believe the check you deposited will not be paid
  • You deposit checks totaling more than $5,000 on any one day
  • You redeposit a check that has been returned unpaid
  • You have overdrawn your account repeatedly in the last six (6) months
  • There is an emergency, such as failure of computer or communications equipment

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 eleventh (11th) business day after the day of your deposit.

SPECIAL RULES FOR NEW ACCOUNTS

If you are a new member, the following special rules will apply during the first thirty (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 $5,000 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 $5,000 will be available on 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 $5,000 will not be available until the second business day after the day of your deposit. Funds from all other check deposits will be available on the seventh business day after the day of your deposit.

DEPOSITS AT AUTOMATED TELLER MACHINES

Funds from any deposits (cash or checks) made at Automated Teller Machines (ATMs) we do not own or operate will not be available until the fifth business day after the day of your deposit. This rule does not apply at ATMs that we own or operate.

TRUTH-IN-SAVINGS DISCLOSURE

REGULAR SAVINGS ACCOUNT

Rate Information - The dividend rate and annual percentage yield may change every quarter. We may change the dividend rate for your account as determined by the credit union Board of Directors.

Compounding And Crediting - Dividends will be compounded every quarter. Dividends will be credited to your account every quarter.

Dividend Period - For this account type, the dividend period is quarterly; for example, the beginning date of the first dividend period of the calendar year is January 1, and the ending date of such dividend period is March 31. All other dividend periods follow this same pattern of dates. The dividend declaration date is the same as the ending date of a dividend period, and for the example above is March 31. If you close your Savings account before dividends are paid, you will not receive the accrued dividends.

Minimum Balance Requirements - The minimum balance required to open this account is $100.

You must maintain a minimum average daily balance of $100 in your account to obtain the disclosed annual percentage yield.

Average Daily Balance Computation Method - Dividends are calculated by the average daily balance method, which applies a periodic rate to the average daily balance in the account for the period. The average daily balance is calculated by adding the balance in the account for each day of the period and dividing that figure by the number of days in the period. The period we use is the quarterly statement cycle.

Accrual Of Dividends On Non-Cash Deposits - Dividends will begin to accrue on the business day you place non-cash items (for example, checks) to your account.

Transaction Limitations - Please see our separate Fee sheet for the maximum cash withdrawal we allow.

Par Value Of A Share - The par value of a share in this account is $5.

eMAX$ ONLINE ACCOUNT

This account is an online account only.

Rate Information - The dividend rate and annual percentage yield may change at any time, as determined by the credit union Board of Directors.

Compounding And Crediting - Dividends will be compounded every month. Dividends will be credited to your account every month.

Dividend Period - For this account type, the dividend period is monthly; for example, the beginning date of the first dividend period of the calendar year is January 1, and the ending date of such dividend period is January 31. All other dividend periods follow this same pattern of dates. The dividend declaration date is the last day of the dividend period, and for the example above is January 31. If you close your account before dividends are paid, you will not receive the accrued dividends.

Minimum Balance Requirements - No minimum balance requirements apply to this account.

Average Daily Balance Computation Method - Dividends are calculated by the average daily balance method, which applies a periodic rate to the average daily balance in the account for the period. The average daily balance is calculated by adding the balance in the account for each day of the period and dividing that figure by the number of days in the period. The period we use is the monthly statement cycle.

Accrual Of Dividends - Dividends will begin to accrue on the day of deposit.

Transaction Limitations - No transaction limitations apply to this account unless otherwise stated in the Common Features section.

Additional Account Details - This account has four different Award Levels for which you earn different rates. The requirements of each Award Level must be fully satisfied before qualifying for the next level.

All transactions with this account must be completed online. Any Member Service–assisted transactions will be charged a fee. Transfers to and from an account other than Power Checking are not permissible.

CHECKING ACCOUNT

Minimum Balance Requirements - The minimum balance required to open this account is $25 (to cover the cost of check printing).

Transaction Limitations - No transaction limitations apply to this account unless otherwise stated in the Common Features section.

IRA MONEY RATE ACCOUNT

Rate Information - The dividend rate and annual percentage yield may change at any time. We may change the dividend rate for your account as determined by the credit union Board of Directors.

Compounding And Crediting - Dividends will be compounded every month. Dividends will be credited to your account every month.

Dividend Period - For this account type, the dividend period is monthly; for example, the beginning date of the first dividend period of the calendar year is January 1, and the ending date of such dividend period is January 31. All other dividend periods follow this same pattern of dates. The dividend declaration date is the same as the ending date of a dividend period, and for the example above is January 31. If you close your Savings account before dividends are paid, you will not receive the accrued dividends.

Minimum Balance Requirements - The minimum balance required to open this account is $50.

Daily Balance Computation Method - Dividends are calculated by the daily balance method, which applies a daily periodic rate to the balance in the account each day.

Accrual Of Dividends On Non-Cash Deposits - Dividends will begin to accrue on the business day you place non-cash items (for example, checks) to your account.

Transaction Limitations - No transaction limitations apply to this account unless otherwise stated in the Common Features section.

_______________ CERTIFICATE

Rate Information - The dividend rate on your term Savings account is _____% with an annual percentage yield of_____%. You will be paid this rate until first maturity.

Compounding Frequency - Unless otherwise paid, dividends will be compounded every day.

Crediting Frequency - Dividends will be credited to your account every month. Alternatively, you may choose to have dividends paid to you or to another account every month rather than credited to this account.

Dividend Period - For this account type, the dividend period is monthly.

Effect Of Closing An Account - If you close your account before dividends are paid, you will not receive the accrued dividends.

Minimum Balance Requirements - The minimum balance required to open this account is $500. You must maintain a minimum daily balance of $500 in your account each day to obtain the disclosed annual percentage yield.

Daily Balance Computation Method - Dividends are calculated by the daily balance method, which applies a daily periodic rate to the balance in the account each day.

Accrual Of Dividends On Non-Cash Deposits - Dividends will begin to accrue on the business day you place non-cash items (for example, checks) to your account.

Transaction Limitations - After the account is opened, you may not make additions into the account until the maturity date stated on the account. You may not make withdrawals of principal from your account before maturity. You can only withdraw dividen