ACCOUNT OPENING FORM FOR PRIVATE CUSTOMERS

Transcription

1 ACCOUNT OPENING FORM FOR PRIVATE CUSTOMERS AGENCY Nº OF CUSTOMER/ACCOUNT IDENTIFICATION Individual: Joint: Partnership: Mixed: CONDITIONS FOR THE ACCOUNT MOVEMENT ENTITY DOC TYPE IDENTIFICATION Nº IDENTIFICATION DOC DATE OF BIRTH day/month/year GENDER SIGNATURES SIGNATURE ACCREDITATION I/We declare that we are aware and received a copy of the General Conditions Deposit in force in Banco Comercial do Atlântico, listed overleaf, which I/we accepted (we) and agreed on. (See back) DATE SIGNATURE OF CONTRACTING ENTITY SIGNATURE OF THE BANK CLERCK / / 01/06

2 1. GENERAL INFORMATION GENERAL CONDITIONS FOR OPENING AND MAINTENANCE OF ACCOUNTS 1.1 Opening, handling and closing accounts in Banco Comercial do Atlântico (BCA Bank) shall be subject to these Terms, the Applicable Law and the Bank general rules. 1.2 The celebration of the contract of account opening depends on the subscription of title-holders or representatives, the form of deposit account opening and adhesion to the General Conditions for Opening and Movement of Account 2. SIGNATURES The signatures appearing in the ACCOUNT OPENING FORM FOR PRIVATE CUSTOMERS are valid for all existing accounts at the Bank where there is the same number of titleholders and Customers. 3. SUBMISSION OF EVIDENCE 3.1 The Customer agrees to provide to the bank: the identification details required by law at the time of hiring, or within stipulated amount of time to open a current account, as well as to communicate any changes to these elements during the term of the deposit agreements. 3.2 In accordance with the laws and regulations, until verified the elements required to be on the opening form, any time, if irregularities are found in the identification data of the customer or his representative, no moves of debit or credit can be made to the account, following the initial deposit. 3.3 When, by reason of the laws and / or regulations, the Bank has to update the customer s data or his agent, customers are obliged to deliver to the bank within 30 days, the documents requested, and the bank can inhibit account debiting until those documents are handed. 4. OPENING OF NON PRESENCIAL ACCOUNT When opening a Non-Presencial Account the necessary documents of identification must be received at the Bank within thirty (30) days from the date of opening the account, otherwise they will not have any legal effect. 5. TYPE AND CONDITIONS OF MAINTENANCE OF AN ACCOUNT 5.1 The accounts opened can be for a single person or for legal entity. When legal, that is, more than one holder can be: Solidary: it means any holder alone can move all or part of the account to be debited; Joint: all holders recognize and declare themselves to depositors sets, requiring the signature of all for the account to be debited.. Mixed: the account can only be debited with the signatures agreed by the holders. 5.2 The accounts can also be moved in debt, by a third party who has been assigned by the respective holders, authorized for the purpose. In the case of omnibus accounts, holders who are not principals should expressly authorize in writing the account activity by agents under powers conferred. 5.3 The current accounts can be moved through the debit orders, transfers, checks or other means accepted by the Bank. 5.4 The movement of the account, to debit, through checks, depends on the agreement, between the Bank and the customers, according to the conventions 5.5 The handling of the credit account, whatever its form, may be made by any person or entity. Acts of encumbrance shall be subject to the same conditions established for the handling of accounts. 5.6 The acts of encumbrance shall be subject to the same conditions established for the handling of accounts. 5.7 The bank is exempted from any responsibility for the handling of the account under conditions agreed with customers, including the delivery of all or part of the amounts deposited at any of the holders or third parties. 5.8 Associated with each account demand deposit accounts may be of a different type, such as term deposits accounts or securities account, always the same title and subject to the same conditions of handling 5.9 The change in the conditions laid down in handling account opening, as well as the inclusion of new members depends on the involvement of all holders and affects all accounts. 6. CHECKS 6.1 The Bank reserves the right to not issue checks on behalf of the Client for his own safety. 6.2 In case of not picking up the checks sixty (60) days after requesting, the Bank reserves the right to destroy them. 6.3 The Customer must notify the Bank, with the shortest possible time, by any means, with subsequent written confirmation, theft, loss or misplacement of checks, the Bank declines all responsibility for any losses incurred. 6.4 In case of theft of checks, the Bank may ask the Customer to provide evidences crime report before accepting instructions not to pay such checks. 6.5 The issuance of checks implies having provisioned the account, the holder must check before issuing the check, the existence of sufficient provision in the account. 6.6 In accordance with the law applicable in check issuing, can be terminated at any time, with notice to the Bank of Cape Verde for inclusion in the list of users that offer risk, whenever there is a bad use of checks, particularly in cases of issuing a check without funds, that decision will be communicated to the holder in accordance with the procedure prescribed by law, the holder shall, upon receipt of the communication, refrain from issuing new checks and return to the Bank immediately, the printed check not yet used that are in his possession. 6.7 If, despite the termination of the agreement check, the holder needs to issue new checks, the customer is obligated to reimburse the Bank, and to compensate the Bank for damage suffered if the Bank has made the payment because it was legally bound. 7. INSTRUCTIONS 7.1 The instructions to the Bank may be done by several means, letter, facsimile or other means of transmission, the Bank reserves the right to request, in advance, confirmation of such instructions. 7.2 The Bank considers itself exempt from any liability of difficulties, delays or errors in the execution of communications, due to using mail, fax or any other mean of communication or transportation. 8. COMMUNICATIONS 8.1 The communications of the Bank shall be addressed to the Customer to the last address the customer has provided, assuming that the shipment address is in the copy thereof in the possession of the Bank. 8.2 The statements of accounts are sent by the Bank from time to time and by the means indicated by the Customer. 8.3 In alternative to sending correspondence to the address of the customer, the Bank is authorized to send all correspondence that concerns the account and the information that it is legally required to provide, by means of distance communication, in paper or another durable medium, in accordance with the wishes of the customer. 8.4 In case of transmission by post, correspondence received is presumed, unless evidence to the contrary, until the fifth business day following its posting. 9. TIME DEPOSIT 9.1 The term of the account from the date of filing or the constitution of its latest renovation and end is usually pre-defined by the Bank with the customer agreement and may be renewable. 9.2 The interest rates in effect are those posted at the Bank. A credit score and interest are made on the terms and deadlines. However, these rates are subject to updating at the time of renewal. 9.3 The interest on term deposits will be credited to the demand deposit account unless the client has expressly chosen the capitalization. 10. CREDITS Claims resulting from deposits of checks drawn on other banks of Cape Verde will be available on the next business day, unless there is enough money in that person/ identity account. The availability of other values, other than those mentioned above, depend on the collection. 11. DEBITS 11.1 The Customer already authorizes the Bank to debit the account as a result of any fees, ports, expenses or taxes relating thereto contained in the Pricing and in force, and may, in case of insufficient balance, be debited from any account which Customer holds The Customers agree to maintain their deposit accounts with enough money to cover the debt that that he/she makes In case of lack of provision in any account in which the client holds and if the Bank believes, authorize debit overdraft, the customer is first and foremost obliged to rectify at the very same day, the overdrawn made by debit account The overdrawn and not settled within the period referred to in the previous paragraph will bear interest at the highest rate applied by the Bank for lending operations, plus legal surtax interest, or any other that will replace As a general principle, the Bank assigns debits the value date of the day of its execution. 12. COMPENSATION CREDITS Without damage to the right to pursue compensation of credits legally stipulated, it is recognized to the Bank expressly the possibility to extinguish, total or partially, the credit on the account owner or any other co-owners, proceeding to the debit without notice, the amounts that are owed by any of these account holders or joint owners, in any account in which any of them holds single or joint owner. 13. CANCELATION Customer acknowledges at the outset the right to reverse any entries Bank incurred to him, particularly because of mistake or lapse and in other circumstances where such a reversal is justified, the amount will be the same. 14. CHANGES IN INTEREST RATES AND FEES The Bank reserves the right at any time to modify interest rates and commissions, particularly when by law or administrative determination of no change fees and commissions in force. 15. MAINTENANCE COSTS The accounts without movement for a year and whose balances are less than the minimum required for its opening shall be subject to the payment of maintenance expenses as the Price List in effect. 16. AMENDMENTS TO THE GENERAL CONDITIONS 16.1 The GENERAL CONDITIONS may be modified at any time by the Bank The Bank shall communicate the changes produced by these general conditions, by circular, message on your bank statement or on another appropriate durable medium It is considered that the customer has accepted any changes stated above if, within 30 days after the notification of the customer, he/she has not notified the Bank in writing that he/she does not accept them In case of non-acceptance, the customer may, within 30 days referred to above, solve with immediate effect and without charge, contract account opening, and therefore to observe the requirements in 18, with the necessary adaptations. 02/06

3 17. COMPLAINTS (GENERAL CONDITIONS) 17.1 The holder of the complaints, whatever their content or article may be submitted at an Agency of the Bank or through the internet site may also be directed to the body structure that perhaps recognize as most appropriate for the subject The holder shall regularly monitor debit and credit done in the account, checking the bank statements or, if appropriate, using the online bank service BCADirecto to avoid possible, irregularities The Bank ensures that all complaints received will be forwarded immediately and the subject of assessment and decision notice to the owner as soon as possible. 18. CLOSING ACCOUNT 18.1 The reference account is open indefinitely The reference account may be terminated by the initiative of either party The account closure at the initiative of the Bank shall be communicated in writing to the address assigned to the account, or by any other means stipulated by the parties, at least 30 days, unless good cause is claimed, particularly due to violation of these conditions general case in which the termination takes effect immediately The closure of the demand deposit account at the initiative of customers depends on the written statement of all holders, communicated to the bank with a minimum of thirty days, which may, however, have immediate effects, provided that it does not present a negative balance The declaration referred in the previous paragraph will contain instructions on how to pay back the account, and in the absence of which there is a positive balance, the bank will send a check to the order of the first holder at the address affects the account, 18.6 With the closure of the account the customer should immediately return to the Bank checks and other ways of payment or a written presentation of the dismantled and the availability of funds in the account to meet the commitments made to the Bank or under legislative provisions The closure of the deposit account as account reference implies the previous closure of all accounts associated with it. 19. BANKING CONFIDENTIALITY The customers information is totally confidential, except if it is required by law. 20. TREATMENT OF PERSONAL DATA 20.1 The personal data provided by the holder will be processed by computer and is designed for the exclusive use of the services of the Bank, which is authorized to provide it to Group companies Grupo Caixa Geral de Depósitos (CGD), and the confidentiality of data and yet their use in function of the social object of Group companies and so not incompatible with the purposes of determining collection The data can be provided to judicial or administrative authorities, where such assignment is mandatory, as well as other credit institutions or financial companies, in order to ensure safe operations The Bank is authorized to collect additional information, even by indirect means, intended to update or supplement data The bank is allowed to use customer s data for promotional and marketing Whenever the customer requests, the holder may access his/her information that is the Bank databases, and may request correction, update and elimination of these as well as the mention of additional information. 21. LAUNDERING OF CAPITAL The Bank may suspend or refuse to carry out operations ordered by the customer, as well as terminate the contractual relationship with immediate effect when there is suspicion or knowledge that they are related to the crimes of money laundering or terrorist financing, as well as when the holder do not provide the information required under the law, including information on the origin and destination of funds. 22. FEES, CHARGES AND EXPENSES As consideration for the services provided under these conditions, the bank will charge customers fees, costs, charges and other expenses, established in the Bank Price List in practice at the time, which is available to customers at all Bank branches. DATE SIGNATURE OF CUSTOMER / / 03/06

4 04/06

5 1. GENERAL INFORMATION GENERAL CONDITIONS FOR OPENING AND MAINTENANCE OF ACCOUNTS 1.1 Opening, handling and closing accounts in Banco Comercial do Atlântico (BCA Bank) shall be subject to these Terms, the Applicable Law and the Bank general rules. 1.2 The celebration of the contract of account opening depends on the subscription of title-holders or representatives, the form of deposit account opening and adhesion to the General Conditions for Opening and Movement of Account 2. SIGNATURES The signatures appearing in the ACCOUNT OPENING FORM FOR PRIVATE CUSTOMERS are valid for all existing accounts at the Bank where there is the same number of titleholders and Customers. 3. SUBMISSION OF EVIDENCE 3.1 The Customer agrees to provide to the bank: the identification details required by law at the time of hiring, or within stipulated amount of time to open a current account, as well as to communicate any changes to these elements during the term of the deposit agreements. 3.2 In accordance with the laws and regulations, until verified the elements required to be on the opening form, any time, if irregularities are found in the identification data of the customer or his representative, no moves of debit or credit can be made to the account, following the initial deposit. 3.3 When, by reason of the laws and / or regulations, the Bank has to update the customer s data or his agent, customers are obliged to deliver to the bank within 30 days, the documents requested, and the bank can inhibit account debiting until those documents are handed. 4. OPENING OF NON PRESENCIAL ACCOUNT When opening a Non-Presencial Account the necessary documents of identification must be received at the Bank within thirty (30) days from the date of opening the account, otherwise they will not have any legal effect. 5. TYPE AND CONDITIONS OF MAINTENANCE OF AN ACCOUNT 5.1 The accounts opened can be for a single person or for legal entity. When legal, that is, more than one holder can be: Solidary: it means any holder alone can move all or part of the account to be debited; Joint: all holders recognize and declare themselves to depositors sets, requiring the signature of all for the account to be debited.. Mixed: the account can only be debited with the signatures agreed by the holders. 5.2 The accounts can also be moved in debt, by a third party who has been assigned by the respective holders, authorized for the purpose. In the case of omnibus accounts, holders who are not principals should expressly authorize in writing the account activity by agents under powers conferred. 5.3 The current accounts can be moved through the debit orders, transfers, checks or other means accepted by the Bank. 5.4 The movement of the account, to debit, through checks, depends on the agreement, between the Bank and the customers, according to the conventions 5.5 The handling of the credit account, whatever its form, may be made by any person or entity. Acts of encumbrance shall be subject to the same conditions established for the handling of accounts. 5.6 The acts of encumbrance shall be subject to the same conditions established for the handling of accounts. 5.7 The bank is exempted from any responsibility for the handling of the account under conditions agreed with customers, including the delivery of all or part of the amounts deposited at any of the holders or third parties. 5.8 Associated with each account demand deposit accounts may be of a different type, such as term deposits accounts or securities account, always the same title and subject to the same conditions of handling 5.9 The change in the conditions laid down in handling account opening, as well as the inclusion of new members depends on the involvement of all holders and affects all accounts. 6. CHECKS 6.1 The Bank reserves the right to not issue checks on behalf of the Client for his own safety. 6.2 In case of not picking up the checks sixty (60) days after requesting, the Bank reserves the right to destroy them. 6.3 The Customer must notify the Bank, with the shortest possible time, by any means, with subsequent written confirmation, theft, loss or misplacement of checks, the Bank declines all responsibility for any losses incurred. 6.4 In case of theft of checks, the Bank may ask the Customer to provide evidences crime report before accepting instructions not to pay such checks. 6.5 The issuance of checks implies having provisioned the account, the holder must check before issuing the check, the existence of sufficient provision in the account. 6.6 In accordance with the law applicable in check issuing, can be terminated at any time, with notice to the Bank of Cape Verde for inclusion in the list of users that offer risk, whenever there is a bad use of checks, particularly in cases of issuing a check without funds, that decision will be communicated to the holder in accordance with the procedure prescribed by law, the holder shall, upon receipt of the communication, refrain from issuing new checks and return to the Bank immediately, the printed check not yet used that are in his possession. 6.7 If, despite the termination of the agreement check, the holder needs to issue new checks, the customer is obligated to reimburse the Bank, and to compensate the Bank for damage suffered if the Bank has made the payment because it was legally bound. 7. INSTRUCTIONS 7.1 The instructions to the Bank may be done by several means, letter, facsimile or other means of transmission, the Bank reserves the right to request, in advance, confirmation of such instructions. 7.2 The Bank considers itself exempt from any liability of difficulties, delays or errors in the execution of communications, due to using mail, fax or any other mean of communication or transportation. 8. COMMUNICATIONS 8.1 The communications of the Bank shall be addressed to the Customer to the last address the customer has provided, assuming that the shipment address is in the copy thereof in the possession of the Bank. 8.2 The statements of accounts are sent by the Bank from time to time and by the means indicated by the Customer. 8.3 In alternative to sending correspondence to the address of the customer, the Bank is authorized to send all correspondence that concerns the account and the information that it is legally required to provide, by means of distance communication, in paper or another durable medium, in accordance with the wishes of the customer. 8.4 In case of transmission by post, correspondence received is presumed, unless evidence to the contrary, until the fifth business day following its posting. 9. TIME DEPOSIT 9.1 The term of the account from the date of filing or the constitution of its latest renovation and end is usually pre-defined by the Bank with the customer agreement and may be renewable. 9.2 The interest rates in effect are those posted at the Bank. A credit score and interest are made on the terms and deadlines. However, these rates are subject to updating at the time of renewal. 9.3 The interest on term deposits will be credited to the demand deposit account unless the client has expressly chosen the capitalization. 10. CREDITS Claims resulting from deposits of checks drawn on other banks of Cape Verde will be available on the next business day, unless there is enough money in that person/ identity account. The availability of other values, other than those mentioned above, depend on the collection. 11. DEBITS 11.1 The Customer already authorizes the Bank to debit the account as a result of any fees, ports, expenses or taxes relating thereto contained in the Pricing and in force, and may, in case of insufficient balance, be debited from any account which Customer holds The Customers agree to maintain their deposit accounts with enough money to cover the debt that that he/she makes In case of lack of provision in any account in which the client holds and if the Bank believes, authorize debit overdraft, the customer is first and foremost obliged to rectify at the very same day, the overdrawn made by debit account The overdrawn and not settled within the period referred to in the previous paragraph will bear interest at the highest rate applied by the Bank for lending operations, plus legal surtax interest, or any other that will replace As a general principle, the Bank assigns debits the value date of the day of its execution. 12. COMPENSATION CREDITS Without damage to the right to pursue compensation of credits legally stipulated, it is recognized to the Bank expressly the possibility to extinguish, total or partially, the credit on the account owner or any other co-owners, proceeding to the debit without notice, the amounts that are owed by any of these account holders or joint owners, in any account in which any of them holds single or joint owner. 13. CANCELATION Customer acknowledges at the outset the right to reverse any entries Bank incurred to him, particularly because of mistake or lapse and in other circumstances where such a reversal is justified, the amount will be the same. 14. CHANGES IN INTEREST RATES AND FEES The Bank reserves the right at any time to modify interest rates and commissions, particularly when by law or administrative determination of no change fees and commissions in force. 15. MAINTENANCE COSTS The accounts without movement for a year and whose balances are less than the minimum required for its opening shall be subject to the payment of maintenance expenses as the Price List in effect. 16. AMENDMENTS TO THE GENERAL CONDITIONS 16.1 The GENERAL CONDITIONS may be modified at any time by the Bank The Bank shall communicate the changes produced by these general conditions, by circular, message on your bank statement or on another appropriate durable medium It is considered that the customer has accepted any changes stated above if, within 30 days after the notification of the customer, he/she has not notified the Bank in writing that he/she does not accept them In case of non-acceptance, the customer may, within 30 days referred to above, solve with immediate effect and without charge, contract account opening, and therefore to observe the requirements in 18, with the necessary adaptations. 05/06

6 17. COMPLAINTS (GENERAL CONDITIONS) 17.1 The holder of the complaints, whatever their content or article may be submitted at an Agency of the Bank or through the internet site may also be directed to the body structure that perhaps recognize as most appropriate for the subject The holder shall regularly monitor debit and credit done in the account, checking the bank statements or, if appropriate, using the online bank service BCADirecto to avoid possible, irregularities The Bank ensures that all complaints received will be forwarded immediately and the subject of assessment and decision notice to the owner as soon as possible. 18. CLOSING ACCOUNT 18.1 The reference account is open indefinitely The reference account may be terminated by the initiative of either party The account closure at the initiative of the Bank shall be communicated in writing to the address assigned to the account, or by any other means stipulated by the parties, at least 30 days, unless good cause is claimed, particularly due to violation of these conditions general case in which the termination takes effect immediately The closure of the demand deposit account at the initiative of customers depends on the written statement of all holders, communicated to the bank with a minimum of thirty days, which may, however, have immediate effects, provided that it does not present a negative balance The declaration referred in the previous paragraph will contain instructions on how to pay back the account, and in the absence of which there is a positive balance, the bank will send a check to the order of the first holder at the address affects the account, 18.6 With the closure of the account the customer should immediately return to the Bank checks and other ways of payment or a written presentation of the dismantled and the availability of funds in the account to meet the commitments made to the Bank or under legislative provisions The closure of the deposit account as account reference implies the previous closure of all accounts associated with it. 19. BANKING CONFIDENTIALITY The customers information is totally confidential, except if it is required by law. 20. TREATMENT OF PERSONAL DATA 20.1 The personal data provided by the holder will be processed by computer and is designed for the exclusive use of the services of the Bank, which is authorized to provide it to Group companies Grupo Caixa Geral de Depósitos (CGD), and the confidentiality of data and yet their use in function of the social object of Group companies and so not incompatible with the purposes of determining collection The data can be provided to judicial or administrative authorities, where such assignment is mandatory, as well as other credit institutions or financial companies, in order to ensure safe operations The Bank is authorized to collect additional information, even by indirect means, intended to update or supplement data The bank is allowed to use customer s data for promotional and marketing Whenever the customer requests, the holder may access his/her information that is the Bank databases, and may request correction, update and elimination of these as well as the mention of additional information. 21. LAUNDERING OF CAPITAL The Bank may suspend or refuse to carry out operations ordered by the customer, as well as terminate the contractual relationship with immediate effect when there is suspicion or knowledge that they are related to the crimes of money laundering or terrorist financing, as well as when the holder do not provide the information required under the law, including information on the origin and destination of funds. 22. FEES, CHARGES AND EXPENSES As consideration for the services provided under these conditions, the bank will charge customers fees, costs, charges and other expenses, established in the Bank Price List in practice at the time, which is available to customers at all Bank branches. DATE SIGNATURE OF CUSTOMER / / 06/06