15
14
subject to tax penalties under the estimated tax payment
rules if your withholding and payment of estimated tax,
if any, are not adequate. We may be required to withhold
or withhold more Federal and/or State taxes on your IRA
distribution than you have requested in your withholding
election. Your income tax withholding election will apply
to all distributions from your IRA plan, including recurring
and one-time distributions, from the time the withholding
election is received and applied until you revoke and/
or provide new withholding instructions for that plan. A
change of address may cause a delay in processing an
IRA distribution, if state withholding requirements are
impacted. For more information, consult your tax advisor.
(9) CHECKS
(a) Checks
• We reserve the right not to accept checks or deposit or
withdrawal forms not provided by us.
• Checks may NOT be drawn against Savings Accounts or CDs.
• We reserve the right to refuse to honor any checks drawn
against your Account on which there is either no signature
or a signature of questionable validity if we suspect the
check was not authorized by you.
• We reserve the right to pay any check before the date you
have written on it (i.e., a postdated check) or if it is more
than six (6) months old (i.e., a stale check).
• Our check payment process is highly automated and we
receive checks in great volume. Although we inspect some
checks and other items from time to time, reasonable
commercial standards do not require us to do so. If we
return a check because we believe it was not authorized by
you, we are not liable to you even if the check was actually
authorized. We have no duty to prevent a check from being
presented more than once.
If a check drawn on your Account is presented for payment
over the counter at our Branch, by a person who is not a
Discover deposit Accountholder (a “non-Discover customer”),
you agree that we may require the non-Discover customer
to provide identification as a condition for cashing a check
drawn on your Account. You also agree that we may refuse
to pay any such check if the non-Discover customer refuses
to furnish such identification. Such refusal shall not be
considered wrongful dishonor of the check by us. You also
agree that we may refuse to cash or otherwise honor any
check exceeding $5,000 which is presented to us over the
counter by any person, even if the check is properly payable
and that person can verify his/her identity as the holder of
such check. Such refusal shall not be considered wrongful
dishonor of the check by us. In such cases, the holder of the
check is expected to deposit the check with his/her financial
institution and have the check presented to us through
regular banking channels.
(b) Preauthorized Checks
You may allow a third party to create a check drawn against
your Checking Account or Money Market Account by
communicating your Account number to that third party.
However, if you choose to permit such a check, you agree: 1)
to accept sole responsibility for ensuring that the amount of
the check is both authorized and accurate and 2) that we are
not liable if we either pay or refuse to pay any check that you
have authorized a third party to create if that check does not
bear your signature.
(c) Check Conversion
You may authorize a merchant or other payee to use your
Checking Account or Money Market Account check as a source
of Account information to initiate an electronic withdrawal
from your Account. The merchant/payee uses the check
information, along with the transaction amount, to initiate an
Automated Clearing House (“ACH”) debit transaction. Please
note that this type of transaction generally results in funds
being withdrawn from your Account faster than a normal
check transaction. This type of transaction from a consumer
account is governed by the Electronic Fund Transfer Act, and
is subject to the Electronic Fund Transfer disclosures found in
Sections 27 and 28 of this Agreement.
(10) DEPOSITS
(a) General
(i) Deposits may be made by:
• Mailing a check to us
• Mobile check deposit (subject to the Mobile Check
Deposit Service User Agreement Addendum)
• ACH transfer
• Internal transfer
• Wire transfer
Deposits that can only be made at the Branch include:
• Travelers checks
• Cash
(ii) We will not accept mailed cash deposits.
(iii) For posting times regarding
check and cash deposits,
see the chart in Section 10(e) below.
(iv) We reserve the right to refuse, limit or return any
deposit. Any non-cash items deposited to your
Account (including items drawn “on us”) will be given
provisional credit until final payment of the item.
(v) Travelers Checks: Travelers checks received by us for
deposit by mail or through the Branch Night Depository
Box or the Branch ATM will be returned to you.
(vi) Returned Deposited Items: We will reverse any
interest, accrued or paid, on any returned item. You
agree to indemnify and hold us harmless against:
• any losses resulting from nonpayment of any item
cashed against or deposited into your Account and
• all losses due to any preauthorized credit to your
Account that we do not receive.