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Checking Account Agreement Template for United States

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Key Requirements PROMPT example:

Checking Account Agreement

"Need a Checking Account Agreement for our small community bank in Texas that includes specific provisions for joint accounts and overdraft protection, compliant with state regulations and suitable for both personal and business customers."

Document background

The Checking Account Agreement serves as the foundational document governing the relationship between financial institutions and their customers in the United States. This agreement is essential when establishing a checking account and must comply with numerous federal regulations, including the Truth in Savings Act, Electronic Fund Transfer Act, and state banking laws. The document outlines critical aspects such as account operations, fee structures, electronic banking services, funds availability policies, and both parties' rights and responsibilities. Financial institutions use this agreement to protect their interests while ensuring transparency and compliance with applicable banking regulations.

Suggested Sections

1. Parties: Identification of the financial institution and account holder

2. Background: Purpose of the agreement and basic account relationship

3. Definitions: Key terms used throughout the agreement including account types, business days, and banking terminology

4. Account Opening and Maintenance: Requirements and procedures for opening and maintaining the account, including documentation and minimum balance requirements

5. Deposits and Collections: Rules governing deposits, funds availability, and collection procedures, including hold periods

6. Withdrawals and Transfers: Rules and limitations on withdrawals and transfers from the account, including transaction limits

7. Fees and Charges: Description of all applicable fees and charges, including maintenance fees and transaction fees

8. Electronic Banking Services: Terms governing electronic banking services, online access, and electronic transactions

9. Statements and Notices: Requirements for account statements, notification procedures, and customer responsibilities

Optional Sections

1. Overdraft Protection: Terms and conditions for overdraft services, including fees and coverage limits

2. Interest: Terms for interest calculation and payment on interest-bearing checking accounts

3. Joint Accounts: Special provisions and rights for accounts with multiple owners

Suggested Schedules

1. Schedule of Fees: Detailed listing of all applicable fees and charges for account services

2. Funds Availability Policy: Detailed policy regarding when deposited funds become available for withdrawal

3. Electronic Banking Services Terms: Detailed terms and conditions for electronic banking services and security procedures

4. Privacy Policy: Bank's privacy policy and information sharing practices as required by federal law

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Clauses































Industries

Truth in Savings Act (Regulation DD): Federal regulation governing disclosure requirements for fees, interest rates, terms, and account opening/maintenance requirements for deposit accounts

Electronic Fund Transfer Act (Regulation E): Federal regulation covering electronic transaction provisions, error resolution procedures, and consumer liability limits for electronic transfers

Expedited Funds Availability Act (Regulation CC): Federal regulation establishing funds availability policies, hold periods for deposits, and check clearing procedures

Bank Secrecy Act and USA PATRIOT Act: Federal laws requiring customer identification procedures and anti-money laundering provisions in banking relationships

Federal Deposit Insurance Act: Federal law governing FDIC insurance coverage and related disclosure requirements for deposit accounts

UCC Article 4: Uniform Commercial Code provisions governing bank deposits, collections, and check processing rules

State Banking Regulations: State-specific banking laws and regulations that vary by jurisdiction and govern banking operations within each state

State Consumer Protection Laws: State-specific laws designed to protect consumers in banking relationships, including fee limitations and disclosure requirements

State Abandoned Property Laws: State-specific escheatment laws governing the handling of dormant accounts and abandoned property

Federal Reserve Board Regulations: Guidelines and requirements issued by the Federal Reserve System affecting banking operations and customer relationships

FDIC Guidelines: Regulatory guidance issued by the Federal Deposit Insurance Corporation for insured banking institutions

CFPB Requirements: Consumer Financial Protection Bureau regulations and guidelines protecting consumers in financial relationships

OCC Guidelines: Office of the Comptroller of the Currency guidance for national banks and federal savings associations

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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