New Account Opening and Funding Service Terms and Conditions Disclosure This New Account Opening and Funding Service Terms and Conditions Disclosure ("Agreement") describes your rights and obligations as a user of the New Account Opening and Funding Service. It also describes the rights and obligations of Madison Bank of Maryland ( Bank ). Please read this Agreement carefully. By requesting and using this Service, you agree to comply with the terms and conditions of this Agreement. GENERAL AGREEMENT These terms govern the operation of this Account unless varied or supplemented in writing. As used in this form, the words we, our or us mean Madison Bank of Maryland and the words you or your mean the accountholder. ACCOUNT AGREEMENT This information is provided to explain the rules which govern, where appropriate, your deposit Account with Madison Bank of Maryland. Please read this brochure carefully. You will find information which we are required to disclose to you as well as general information concerning your deposit Account. NEW ACCOUNT QUALIFICATIONS In order to open an account at Madison Bank of Maryland, you must be a United States citizen or a Lawful Permanent Resident (as defined by the US Citizenship and Immigration Services) and at least 18 years of age. You must reside in one of the 50 states or the District of Columbia, have a physical address and have a current state issued license or ID, that has been issued for at least 30 days. Individual and Joint Consumer accounts only. (No Payable on Death /Beneficiary, Trustee or Fiduciary). The opening deposit for your new account must originate from your personal checking or savings account at a United States chartered bank. ACCOUNT OWNERSHIP Individual Accounts: Individual accounts are owned by one depositor and only that depositor may have access to the funds in the account. Joint Accounts: Joint accounts are owned by two or more depositors and each depositor may have access to the funds in the account. The depositors are known as joint tenants and any depositor may withdraw funds without the other owner s consent. Upon the death of a depositor, any balance in the account becomes the property of the surviving depositor(s) and the entire balance may be withdrawn. Any obligations arising from this agreement are joint and several. CHANGE OF OWNERSHIP Change of ownership on any account will require the closure of the existing account. TRANSFER OF ACCOUNT This account may not be transferred or assigned. ACCESS TO SERVICES For purposes of transactions, the Bank's business days are Monday through Friday, excluding Federal holidays and weekends. All New Account Opening and Funding Service requests are processed the next business day. The Bank's business day begins at 9:00 AM EST. DEPOSITS TO YOUR ACCOUNT Your initial deposit can be made by mail or electronically from a verified external account (from a US chartered bank). It may take 2-3 business days to process your initial deposit. A temporary hold of 6 business days will be placed on your initial deposit, for new customers of the Bank. The account is deemed opened on the date your initial deposit is processed. Interest will begin to accrue on this date.
Once your new account is active, deposits can be made by the following means: In person, mail, direct deposit, transfer between your accounts at the Bank via the Bank s Online Banking, wire transfer (see Fee Schedule) or Automatic Savings Plan. Written authorization is required to implement deposits via the Automatic Savings Plan. ACH deposits may be initiated by a mail or fax request. ACH and Automatic Savings Plan deposits must originate from the donor account. Deposits to your account will be made on the day they are received. Temporary holds of 6 business days may be placed on deposits received subsequent to your initial deposit (refer to Funds Availability Disclosure for hold information). In person deposits:an account holder making an initial in person deposit at a Madison Bank of Maryland branch location will be asked to present acceptable identification. The identification will be photocopied and retained on file at the branch. ATM deposits: ATM deposits are accepted at our Forest Hill location (1920 Rock Spring Road, Forest Hill, MD 21050) only. Deposits to an ATM after 2:00 PM on a business day (Monday through Friday, excluding weekends and federal holidays) or on a day the Bank is closed are considered as received for deposit on the next business day. You authorize us to accept transfers, checks and other items of deposit to your account if they are made payable to, or to the order of any one or more of the account holders, whether or not they are endorsed by you. In receiving funds for deposit and collection, we assume no responsibility beyond the exercise of ordinary care. All items returned to Madison Bank of Maryland unpaid will be charged back to your account without prior notice from us for the amount of the item plus our returned item fee and any other fee Madison Bank of Maryland may incur. We have the right to charge your account or obtain a refund from you for any non-cash items returned unpaid. We shall not be liable for any damages resulting from the exercise of these rights. Except as may be attributable to our lack of good faith or failure to exercise ordinary care, we will not be liable for dishonor resulting from any reversal of credit, return of deposited items or for any damages resulting from any of these actions. All non-cash items deposited to your Account will be subject to final collection. We reserve the right to refuse any item for deposit into your Account. WITHDRAWALS FROM YOUR ACCOUNT Transfers may be made electronically between any Madison Bank of Maryland statement savings or checking account by using MB Online Banking. Withdrawals can also be made by the following means: In person requests: An account holder requesting a withdrawal in person at a Madison Bank of Maryland branch location must sign a written withdrawal request and present acceptable identification at time of request. The identification will be photocopied and retained on file for future withdrawal requests. The account holder may be requested to present identification for each in person withdrawal. The account holder will be asked to answer their security questions before the withdrawal request will be honored. Mail/Fax requests: Withdrawal requests submitted in writing by mail or fax will be withdrawn by check. The check will be forwarded to the address on file at the time of the withdrawal. The check will be made payable to the account holder requesting the withdrawal. The account holder may alternatively request the check be made payable to a coowner of the account. The account holder may also submit a written withdrawal request authorizing the funds to be credited to the original donor account. If the original donor account has been closed, a check in the amount of the requested withdrawal will be issued in the account holder s name and forwarded to the address on file at the time of withdrawal. (See Change of Donor Account.) An email will be sent to the account holder confirming the mail or fax withdrawal request. Please allow at least five business days for receipt of the check or crediting of funds to your account. Wire transfer requests: Account holder may request a withdrawal by means of a wire transfer by submitting a written authorization by mail or fax. All applicable information must be supplied before the wire transfer may be processed. Wire transfers may only be credited to the account holder s original donor account. If the original donor
account has been closed, a check in the amount of the requested wire transfer will be issued in the account holder s name and forwarded to the address on file at the time of withdrawal. (See Change of Donor Account.). An email will be sent to the account holder confirming the wire transfer request. Authorizations received after 2:00 PM will not be processed until the next business day. (See Fee Schedule) Wire transfers may only be processed within the United States. ACH: An account holder may request a withdrawal by means of an ACH transfer by submitting a written authorization by mail or fax. ACH transfers may only be credited to the account holder s original donor account. If the original donor account has been closed, a check in the amount of the requested debit will be issued in the account holder s name and forwarded to the address on file at the time of withdrawal. (See Change of Donor Account.) An email will be sent to the account holder confirming the ACH withdrawal request. ATM: An ATM card may be issued to each account holder after submitting an ATM card application. The ATM card may be used for ATM terminal inquiries, withdrawals and account transfers between your Madison Bank of Maryland accounts only. The ATM card cannot be used for point of sale transactions. ATM transactions conducted at a Madison Bank of Maryland ATM machine are free. Four free foreign ATM transactions will be permitted each month. A foreign ATM transaction is any ATM transaction conducted at a terminal not owned by Madison Bank of Maryland. (An ATM surcharge by the proprietary ATM owner, if applicable, will apply.) See Fee Schedule for applicable fees. Madison Bank of Maryland is a member of the Allpoint Network. Withdrawals, transfers and balance inquiries conducted at an ATM participating in the Allpoint network are free. If a surcharge screen appears during your Allpoint ATM transaction, press yes to accept the surcharge and proceed with your withdrawal. You will not be charged the surcharge or Allpoint will refund your money. Some ATM locations may have more than one ATM, not all of which participate in the Allpoint Network. Please make sure to check the ATM you are using for the Allpoint logo to ensure it is the correct one. Transactions conducted at an ATM not participating in the Allpoint network are subject to a surcharge. The ATMs participating in the Allpoint Surcharge Free network are located within national and regional retailers, in all 50 states. ATM cards are offered with Statement Savings and NOW checking accounts. MasterMoney cards are offered with NOW checking accounts only. MasterMoney cards may be used wherever MasterCard is accepted. Account Closure: An account holder may request the closure of their account by ACH, wire transfer, check or in person. (Refer to above requirements and restrictions.) An account may not be closed via internet banking. If your account balance falls below $100.00, the account will be closed, without prior notice, and a check for the balance, (including accrued interest) will be mailed to the address on file at the time of closure. You understand you may not be able to withdraw funds until we have received final collection for any non-cash item deposited. Any deposit made or received on Saturday, Sunday, federal holiday or after our business hours, will be credited to your account at the beginning of the next business day. Any restrictions on withdrawals from your account are detailed in the Truth-in-Savings Account Disclosure. We reserve the right to refuse withdrawals from your Account if you do not have sufficient available funds in the Account to cover the full amount of the withdrawal. We may also refuse to allow a withdrawal if the Account has been levied, garnished or attached, or if the availability of the funds on deposit cannot be verified. If there are available funds to cover some, but not all of the withdrawals or other debits (such as charges) to your Account, we may post those withdrawals or other debits for which there are sufficient available funds in any order we may choose, at our sole discretion. If there are insufficient available funds to cover some of the withdrawals or debits presented against your Account, such items will be handled in accordance with our overdraft procedures or in accordance with any other agreement you may have with us (such as a sweep program). Even if we choose to pay one or more overdrafts, we are not obligated to cover any future overdrafts. Checks or other items drawn on your Account against insufficient available funds may be subject to a service charge. We may also refuse to allow a withdrawal if there is a dispute
about the Account (unless the court has ordered us to allow the withdrawal), the Account is garnished or attached, the Account has been pledged as collateral for a debt, the availability of the funds on deposits cannot be verified, any required documentation has not been presented, or you fail to repay an obligation to us on time. In person cash withdrawals in excess of $3,000.00 may require advance notice submitted to the branch manager. Only six preauthorized, automatic, computer transfers may be made from your statement savings account in any month (a month may be either a calendar month or a statement cycle month). We will not honor any transactions that exceed these limits. RIGHT OF OFFSET Subject to any applicable law, we may exercise our right of off set against any and all of your accounts, without notice, for any liability or debt whether joint or individual. Each joint account holder authorizes us to exercise our right of offset against any and all accounts of each accountholder. ACCOUNT TERMINATION We may terminate your Account at any time without notice to you or may require you to close your Account and to open a new Account if: 1) there has been a forgery or fraud reported or committed involving your Account, 2) you have too many transfers from your Account, or 3) any other provision is violated. CHANGE OF DONOR ACCOUNT: A new donor account may be designated by the account holder. The account holder must forward, by mail or fax, a written request and a voided check from the new donor account. Two small deposits and one withdrawal (totaling the same amount) will be made to the new donor account. An email will be sent notifying the account holder of the transactions. The account holder must confirm the deposits and withdrawal by email or phone. Donor accounts are limited to a total of two different funding accounts. CHANGE OF ADDRESS: A request for a change of address must be submitted in writing and signed by every account holder whose address is affected, whether requested by mail or in person. An account holder may not authorize an address change for any other account holder. The request must be notarized if it is not presented in person to a Madison Bank of Maryland employee. If the request is received by mail, an email confirmation will be sent to the account holder to confirm the request before the address change is completed. If the request is made in person, the account holder must present valid identification and answer their security questions. CHANGE OF EMAIL ADDRESS: A request for a change of email address must be submitted in writing, whether requested by mail or in person. An account holder may not authorize an email address change for any other account holder. The request must be notarized if it is not presented in person to a Madison Bank of Maryland employee. If not presented in person to a Madison Bank of Maryland employee, notice will be mailed to the account holder to confirm the email address change request. If the request is made in person, the account holder must present valid identification and answer their security questions. INACTIVE/DORMANT ACCOUNTS Under Maryland law, all funds remaining in an account becomes the property of the State of Maryland after the account has been dormant for 3 years and notice is sent to the depositor s last known address. The account will be considered dormant if the depositor has not: (1) increased or decreased the amount in the account, (2) written or called Madison Bank of Maryland about the account as evidenced by a memorandum on file with said association. You agree that if your account remains dormant for a period of three years or more and is escheated to the State of Maryland in accordance with state law, we are relieved of all responsibility. LIABILITY FOR FEES, SERVICE CHARGES AND COSTS All account holders agree to the terms of this account and the schedule of charges that may be imposed as stated in the Truth-in-Savings Disclosure. You authorize us to deduct these charges directly from the account balance. Fees, service charges and costs may change from time to time. You will be notified of any changes 30 days prior to the date of the change, for any fees that affect your account.
GARNISHMENT/ATTACHMENT EXPENSES Any expense arising from attachment, garnishment or levy of your Account will be your responsibility, including reasonable attorney s fees. (see Fee Schedule) DIRECT DEPOSITS/DEBITS If you have any type of direct deposit or debit service to your Account, you must notify us at least 30 days prior to the next scheduled deposit if you wish to cancel this service. If, in connection with a direct deposit plan, you deposit any amount in this Account which should have been returned to the Federal Government or other party for any reason, you authorize us to deduct the amount of our liability to the Federal Government or other party, 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 your liability. BANK CHECKS Bank checks may only be made payable to an Account holder. A bank check will only be issued when funds are obtained from a withdrawal from a Madison Bank of Maryland account. ACCOUNT STATEMENTS You are responsible for promptly examining your statement each statement period and reporting any irregularities to us. The periodic statement will be considered correct for all purposes and we will not be liable for any payment made and charges to your Account, unless you notify us in writing within certain legally required time limits after the statements are made available to you. You must report any Account problem within 60 calendar days or lose your right to assert the problem against us. FINANCIAL INSTITUTION LIABILITY You agree that if we do not properly complete a transaction according to the Agreement, we will not be liable in any event for losses or damages in excess of the amount of the transactions, and we will not be liable if circumstances beyond our control prevent the transaction, or the funds in your Account are or may be subject to legal process or other claim. In no event will we be liable for consequential damages. In receiving items from you for withdrawal or deposit, we act only as your agent and reserve the right to refuse any item for deposit or to reverse credit for any deposited times or to charge your Account for items should they become lost in the collection process. ELECTRONIC MAIL (EMAIL) If you send the Bank an email message, the Bank will be deemed to have received it on the following business day. You should not rely on email if you need to report an unauthorized transaction from one of your accounts, if you need to stop a payment that is scheduled to occur or to close an account. NOTE: Email transmissions outside of the Madison Bank of Maryland website may not be secure. We advise you not to send us or ask for sensitive information such as account numbers, account information, password, etc. via any general or public email system. If you wish to contact us electronically, please use the Contact Us form provided at the Bank s website, www.mbofmd.com. GENERAL TERMS AND CONDITIONS BANK AGREEMENTS: In addition to this Agreement, you and the Bank agree to be bound by and comply with the requirements of the agreements applicable to each of your accounts. Your use of the New Account Opening and Funding Service is your acknowledgment that you have received these agreements and intend to be bound by them. You should review all other disclosures including the Fee Schedule contained in this Agreement. NEW SERVICES: New services may be introduced for New Account Opening and Funding Service from time to time. By using these services when they become available, you agree to be bound by the rules that will be made available to you concerning these services. ASSIGNMENT: We may assign this Agreement to an affiliate of the Bank or any successor interest in the event of a merger, reorganization, change of control, acquisition or sale of all or substantially all assets of the business to which this Agreement is related without the other party's prior written consent. NOTICES: Unless otherwise required by applicable law, any notice or written communication given pursuant to this Agreement may be sent to you electronically.
PRIVACY: Our privacy policy is presented to you as a separate disclosure and is always available on this site for your review. GOVERNING LAW: This Agreement shall be governed in accordance with all applicable federal laws and all applicable substantive laws of the state of Maryland. In addition, we are subject to certain federal and state regulations and local clearinghouse rules governing the subject matter of the Agreement. You understand that we must comply with these laws, regulations and rules. You agree that if there is any inconsistency between the terms of the Agreement and any applicable law, regulation or rule, then such law, regulation or rule will prevail. AMENDMENTS AND TERMINATION - - From time to time we may amend any term of this agreement upon giving you reasonable notice in writing or by any other method permitted by law, including, in appropriate circumstances, posting notice in our building and on our website. We may also close this Account at any time upon reasonable notice to you and tender the Account balance personally or by mail. Notice from us to any of you is notice to all of you. MISCELLANEOUS PROVISIONS If you or your Account become involved in any legal proceedings, your use of the Account may be restricted. We shall be entitled to act upon any legal process served upon us which we reasonably believe to be binding, with no liability to you for doing so. You authorize us to request and obtain one or more credit reports about you from one or more credit reporting agencies for the purpose of considering your application for the Account, reviewing or collecting any Account opened for you, or for any other legitimate business purpose. You authorize us to disclose information about your Account to a credit reporting agency if your Account was closed because you abused it. You understand that supervisory personnel may randomly monitor customer service telephone conversations to ensure that you receive accurate, courteous and fair treatment. If you ask us to follow instructions that we believe might expose us to any claim, liability or damages, we may refuse to follow your instructions or may require a bond or other protection, including your agreement to indemnify us. In the event either party brings a legal action to enforce the Agreement, the prevailing party shall be entitled, subject to applicable law, to payment by the other party of it s reasonable attorney s fees and costs, including fees of any appeal. If a court finds any provisions of the Agreement to be invalid or unenforceable, such finding shall not make the rest of the Agreement invalid or unenforceable. If feasible, any such offending provision shall be deemed to be modified to be within the limits of enforceability or validity; however, if the offending provisions cannot so be modified, it shall be stricken and all other provisions of the Agreement in all other respects shall remain valid and enforceable. IMPORTANT TAX INFORMATION PLEASE READ CAREFULLY GENERALLY We must now withhold 28% of the taxable interest paid on the Account if: You fail to furnish your taxpayer identification number (TIN) to us, or The Internal Revenue Service notifies us that you furnished an incorrect taxpayer identification number or that you are subject to backup withholding because of underreporting of interest, or You are notified that you are subject to backup withholding because of a failure to report all interest payments, or you fail to certify your taxpayer number. TAXPAYER IDENTIFICATION NUMBER Generally speaking, interest earned on an Account should be reported to the IRS under the name and taxpayer identification number of the person who owns the principal in the Account. This person should report the interest on his income tax return. Section 6109 of the Internal Revenue Code requires you to provide your taxpayer identification number to us whether or not you file a tax return. These numbers are used to identify the interest paid to you. BACKUP WITHHOLDING To prevent backup withholding on the interest payments you receive, you must certify that the taxpayer identification number that you provide is correct and that you are not subject to backup withholding because of failure to report your interest payments. In order to make these certifications, select the appropriate radio button on the Certification
(of Taxpayer Identification Number or Social Security Number) section of the Online Application and submit. If you are subject to backup withholding, you should still provide and certify your taxpayer identification number. PENALTIES In addition to 28% withholding, you may be subject to the following penalties: If you fail to give us your correct taxpayer identification number, the IRS may impose a penalty of $50.00 for each failure (unless your failure is due to reasonable cause and not willful neglect). If you make a false statement which results in an avoidance of withholding or you make a false certification, you may be subject to civil penalties of up to $500.00 and criminal penalties including fines and/or imprisonment. If you fail to report all