Client Manual Consumer Accounts - Citi

Transcription

Client ManualConsumerAccountsU.S. MarketsEffective June 18, 2019Welcome to Citibankand thank you for choosingus for your banking needs.This manual contains some important informationyou should know about your deposit relationshipwith Citibank. It is an agreement between youand us. From Account Transactions to ElectronicBanking and beyond, we want you to understandhow our products and services work, as well as tounderstand some of the important responsibilitiesthat exist — yours and ours.Some of these responsibilities are the same forevery customer, no matter where you live. Othersare different based on specific state laws. Some aredescribed in additional agreements. Together, thesedocuments provide basic terms and conditions ofour deposit relationship.This manual also contains an arbitration provisionthat covers all disputes between us.Please review this Client Manual thoroughly — andkeep it for future reference. And if you have anyquestions, or need additional copies, please call usanytime at 1-888-CITIBANK, visit your local branchor use the search function on citi.com.Citibank, N.A., Member FDICITEM US70001-ALLPkg. 25

ContentsGeneral Terms — Consumer Use Acknowledgement Important Note to Australian Resident Clients Definitions Definitions of Types of Accounts4458Account Opening/Ownership/Maintenance   Amendments/Changes to This Agreement   Arbitration   Conflicting Demands/Disputes   Governing Law   Indemnification   Information Sharing   Limitation on Time to Sue or Arbitrate   Recording Your Service Requests   Your Consent for Us to Call You   Your Consent for Us to Use Your MobilePhone Number to Identify You   Security Interest   Severability   Waiver   Account Opening   Consumer Reporting Agency Information   Checking Account Sub-Accounts   Updating Your Account Information   Transferring Account Ownership   Language Preference   Account Errors and Adjustments   Assignments   Foreign Account Tax Compliance Act9999101111111111Account Transactions   What This Section Covers   Checkbooks and Checks   Deposits   Remotely Created Checks   Endorsements   Items Sent for Collection   Verification and Collection   ACH Provisional Credits   Notice of Incoming Transfer   Returned Items/Transactions   Reconstructing Lost, Missing, or Destroyed Deposits   Our Right to Refuse Deposits   Account Balance and Transaction Information   Limits on Transfers   External Funds Transfers   Cancellations or Amendments of Funds Transfer Requests   Claims   2121212121313131414151616Account Statements and Notices, Periodic Statements   Cancelled Check Options   Substitute Checks and Your Rights   Filing a Claim34343536Special Circumstances   Forfeited Accounts   Death or Legal Determination of Incompetence   Dormant Accounts   Legal Process   Right of Setoff   Restricted Access   Closing a Deposit Account3737373738393939Foreign Currency Exchange   Limitation of Liability4040Electronic Banking   General   Access Devices   Withdrawal Posting Cut-Off Times   Types of Transactions; Limitations   Error Resolution and Notice Procedures for Claimsor Questions concerning Consumer InternationalGlobal Transfers and International Wire Transfers   Error Resolution and Notice Procedures for all otherElectronic Fund Transfers   Confidentiality at Citibank4141424343545556Limitation of Liability57Arbitration   Covered Disputes   Arbitration Limits   How Arbitration Works   Paying for Arbitration Fees   The Final Award   Right to Resort to Provisional Remedies Preserved   Survival and Severability of Terms   Rules for Rejecting This Arbitration Provision585859596060606161Signature Card (Reference Copy)62CitiPhone Banking and Other Customer ServiceTelephone Numbersback cover

General Terms — Consumer UseAcknowledgement DefinitionsWhen you open a Citibank consumer deposit account, you areagreeing that your account will be governed by this ClientManual (sometimes referred to as “Manual”) and any and allaccompanying Marketplace Addenda (sometimes referred to as“Addendum”). Together, the Manual and Addendum are referredto as “Agreement,” which contain important terms and conditions,details, rules and procedures applicable to each of your accounts.You agree not to use any consumer account for businesspurposes. Not all products and services described herein maybe available to customers of Citi Private Bank, Citigold PrivateClient, Citigold International, International Personal Banking orGlobal Executive Banking. These customers may receive otheror additional specific terms and conditions.“Access Device” means a card or code, or other means ofidentification and authentication, used to access your account.In this Agreement, it means your “Citibank Banking Card”including your Citibank ATM Card, Citibank Debit Card, orother type of device issued by Citibank along with or in lieu ofyour Citibank Banking Card. It also includes these account accesscodes: your Personal Identification Number (PIN), your TelephoneAccess Code (“TAC”), one time password (OTP) and the User IDand Password you use to access Citibank Online and CitiMobile .Unless otherwise expressly agreed in writing, our relationshipwith you will be that of debtor and creditor. That is, we owe youthe amount of your deposit. No fiduciary, quasi-fiduciary or otherspecial relationship exists between you and us. We owe you aduty of ordinary care. Any internal policies or procedures that wemay maintain in excess of reasonable commercial standards andgeneral banking usage are solely for our own benefit and shallnot impose a higher standard of care than otherwise would applyin their absence.If your country of residence is other than the United States orthe Commonwealth of Puerto Rico, you acknowledge that youare responsible for, and agree that you will comply with, all laws,regulations, and rules applicable to your accounts, products andservices with us, including any tax, foreign exchange, or capitalcontrols, and for all payments, reporting or filing requirementsthat may apply as a result of your country of citizenship, domicile,or residence.This Manual provides information about financial servicesprovided by Citibank in the United States and its territories.It is not, and should not be construed as, an offer, invitationor solicitation of services to individuals outside of the UnitedStates. Your eligibility for a particular product and service issubject to a final determination by Citibank.   Important Note to AustralianResident ClientsPlease note that Citibank N.A.: (i) is exempt from the requirementto hold an Australian financial services license under theAustralian Corporations Act 2001 in respect of its provision offinancial services to you; and (ii) is regulated by the FederalReserve, the Consumer Financial Protection Bureau and theOffice of the Comptroller of the Currency of the U.S. under U.S.laws, which differ from Australian laws.4When used in this Agreement:“We,” “us,” “our,” and “Citibank” mean Citibank, N.A., and “you”and “your” mean you, the customer.“Auto Save” means a recurring pre-authorized transfer froma consumer checking account to a Citibank savings or moneymarket account.“Automated Clearing House Network” (“ACH Network”) meansan electronic funds transfer system governed by the rules of aclearing house association, such as NACHA (National AutomatedClearing House Association) or The Clearing House, that providesfunds transfer services to participating financial institutions.“Bill Payment” means an individual or recurring bill paymentsmade through CitiPhone Banking (including bill payments madeusing Citibank’s Telephone Automated Bill Payment Service andStaff Assisted Bill Payments), Citibank Online, CitiBusiness Online and Citi Mobile . Bill Payments do not include internaltransfer payments made to accounts at Citibank or its affiliates.“Business Day” when referring to Citibank, means any day of the week that isnot a Saturday, Sunday or bank holiday. Non-Business Days areconsidered part of the following Business Day. For purposes ofdetermining the Business Day for requests to open accounts,see the “Account Opening” section of the Manual. For fundsavailability purposes, see the “Funds Availability at Citibank”section of the Marketplace Addendum. when referring to Citigroup Global Markets Inc., means anyday of the week Monday through Friday except days when theNew York Stock Exchange is closed. Non-Business Days areconsidered part of the following Business Day.“Citibank ATM Card” means a Citibank Banking Card thatmay be used at ATMs and at POS merchants for PIN purchases.(For more information, refer to the “Electronic Banking” sectionof this Manual.)“Citibank Banking Card” means any card that may be used atATMs and at POS merchants, including Citibank ATM cards andCitibank Debit Cards. We may also refer to this card as a CitibankCard or a Citi Card in promotional and other materials.“Citibank Debit Card” means a Citibank Banking Card bearinga MasterCard Brand Mark on its face that may be used at ATMsand at POS merchants to make either PIN or Signature purchases.(For more information, refer to the “Electronic Banking” sectionof this Manual.)5

“Citigold International” (“CI”) is a United States business thatprovides its clients access to financial products and servicesavailable through various bank and non-bank affiliates ofCitigroup Inc. Banking products and services are providedby Citibank, N.A.“Citigold Private Client” (“CPC”) is a United States businessthat provides its clients access to financial products and servicesavailable through various bank and non-bank affiliates ofCitigroup Inc. Banking products and services are providedby Citibank, N.A.“Citigroup Global Markets Inc.” (“CGMI”), member SIPC, isan investment advisor and broker-dealer registered with theSecurities and Exchange Commission. CGMI and Citibank areaffiliated companies under the common control of Citigroup Inc.“Citi Personal Wealth Management” (“CPWM”) is a business ofCitigroup Inc., offering investment products through CitigroupGlobal Markets Inc. (“CGMI”), member SIPC.“Citi Private Bank” (“CPB”) is a business of Citigroup Inc. CitiPrivate Bank provides its clients access to a broad array ofproducts and services available through bank and non-bankaffiliates of Citigroup. Not all products and services are providedby all affiliates or are available at all locations. In the U.S.,investment products and services are provided by Citigroup GlobalMarkets Inc. (“CGMI”), member SIPC. Investment Managementservices (including portfolio management) are available throughCGMI, Citibank, N.A. and other affiliated advisory businesses.“Direct Deposit” means an Automated Clearing House (ACH)credit posted to your account. A Direct Deposit may includepayroll, pension, state or federal payments (including socialsecurity), from your employer or outside agency. Forms forestablishing direct deposits can be obtained at any Citibankbranch or through Citibank Online.“Electronic Funds Transfers” (“EFT”) means any transfer offunds, other than a transaction originated by check, draft orsimilar paper instrument, or computer or magnetic tape, so asto order, instruct or authorize a financial institution to debit orcredit a consumer checking, savings or other asset account(such as brokerage). Examples of EFT transactions are: Citibank Global Transfers International wire transfers from a consumer account Automated Clearing House (ACH) Instant Payments Zelle Transfers Point-of-Sale (“POS”) transactions ATM transactions Direct deposit or withdrawal of fundsNon-EFT transactions include: transfers related to bona fide trustand custodial accounts; domestic Fedwire and similar networktransactions CHIPS, SWIFT, and telex; and transfers to coveroverdrafts such as Safety Check transfers.“Global Executive Banking” (“GEB”) is a service of Citibank,N.A., providing banking and borrowing products and servicesto employees working abroad.“Home Branch” means the Citibank branch in which youopened your account or to which your account was assigned ortransferred. You may have several accounts assigned to the sameHome Branch and they may be linked together, but one or moreof these accounts may be governed by different state laws whereno federal law applies and where state law is applicable or nototherwise preempted by federal law.“International Personal Banking” (“IPB”) is a United Statesbusiness that provides its clients access to financial products andservices available through various bank and non-bank affiliatesof Citigroup Inc. Banking products and services are provided byCitibank, N.A.“Linked Accounts” or “Linking” means eligible Citibank depositand/or credit accounts that are combined for different benefits,which may include pricing, statements, Safety Check and theability to perform certain transactions between accounts. Certainaccounts that you maintain with our affiliates may also be linked.Generally, accounts that you maintain in different geographiescannot be linked.“Mobile Check Deposit” means a service whereby you can makea deposit of eligible checks to your accounts using a camera on acompatible smartphone or other device all as more particularlydescribed in the separate terms and conditions for this service.“Network ATM” means an ATM other than a ProprietaryCitibank ATM that is operated by or on behalf of a financialinstitution or other operator that is a participating member ofan automated teller machine network which accepts CitibankBanking Cards, including terminals bearing the Mastercard,Maestro or Cirrus marks.“Point-of-Sale” (“POS”) means a Citibank Banking Card EFTfrom your primary checking account to purchase goods andservices and/ or receive cash using your “Citibank Debit Card”for Signature or PIN-based EFT transactions or by using your“Citibank ATM Card” for PIN-based EFT transactions. (Formore information, refer to the “Electronic Banking” sectionof this Manual.)“Proprietary Citibank ATM” means an ATM that is owned andoperated by Citibank, generally found in Citibank branches.“Remotely Created Check(s)” means an item not bearing thedrawer’s (your) actual signature, but purporting to be authorizedby the drawer (you). Transfers initiated by telephone.67

Definitions of Types of Accounts“Estate Account” means an account opened by a fiduciary onbehalf of a formal estate. The estate will have its own TaxpayerIdentification Number issued by the Internal Revenue Service(IRS). Additional documentation is required to open the account.“Individual Account” means an account owned in the name ofone person only.“Joint Account” means an account owned in the names of morethan one person in joint tenancy. If one owner dies, ownershipof the account will automatically pass to the surviving jointowner(s). Unless you designate otherwise on your signaturecard, application or other bank documentation, we will assumethat personal accounts opened by two or more individualsare intended to be joint tenancy accounts with the right ofsurvivorship. We can act on the instruction of any one or more ofthe joint account owners. In the event of conflicting instructionsor a dispute among you, we may require all joint accountowners to act together in giving us instructions or performingtransactions. Any joint account owner may close a joint account.Each account owner is jointly and severally responsible for allactivity related to the joint account, including responsibilityfor paying overdrafts created by any authorized signer(s) orparty to the account, whether or not they participate in thetransaction or benefit from its proceeds. We may be required bylegal process to pay all the funds in a joint account to satisfy ajudgment against any or all account owners.“In-Trust-For (“ITF”) Account” means an account where youdesignate another person as beneficiary of the account. Youcan open an individual or joint ITF account as long as it is nota checking account. The beneficiary receives the funds in theaccount only upon the death of all account owners and cannotmake any withdrawals or account changes before that time. Ifmore than one beneficiary is named in our records, they willshare equally in the account proceeds. During the lifetime of oneor more of the account owners, this account will be treated asan individual account or joint account, as applicable. To changethe beneficiary, all account owners must sign our documentationnaming the new beneficiary.“Trust Account” means an account owned by a trust. In somecases, the trust must have its own Taxpayer IdentificationNumber issued by the Internal Revenue Service (IRS). Additionaldocumentation is required to open the account.“Uniform Transfers to Minors Account” (“UTMA Account”)means an account owned by a minor, who receives the funds as apermanent (irrevocable) gift. A custodian controls and managesthe account for the benefit of the minor. The definition of aminor varies by state; however, generally, one custodian and oneminor are allowed per account, unless the account is establishedunder Maryland’s UTMA rules. We act only upon the custodian’sinstructions. You may wish to consult your tax advisor or attorneybefore opening a UTMA account.8Account Opening/Ownership/Maintenance   Amendments/Changes toThis AgreementWe may change the terms of this Agreement by adding, deletingor modifying existing ones in which a notice will be provided asrequired by law. We may also amend the Agreement withoutprior notice, unless otherwise required by law (e.g., by postingthe information in our offices, on our web site, or otherwisemaking it available to you). You should retain all amendments andnotifications with copies of the agreements and disclosures weprovided to you when opening your account.   ArbitrationThis Agreement contains an arbitration provision that explainsthat you cannot go to court, have a jury trial or initiate orparticipate in a class action if you have a dispute with us. Instead,this provision tells you that the dispute must be resolved bya professional arbitrator, not a judge or jury. This section alsoexplains how arbitration works and some of the differencesbetween resolving a dispute in arbitration and resolving one incourt. All of the terms of the arbitration provision are set forth inthe section entitled “Arbitration.” Please read it carefully.   Conflicting Demands/DisputesIf there is any uncertainty or conflicting demand regardingthe ownership of an account or its funds; or we are unable todetermine any person’s authority to give us instructions; or weare requested by law enforcement or a state or local agency tofreeze the account or reject a transaction due to the suspectedfinancial abuse of an elder or dependent adult; or we believe atransaction may be fraudulent or may violate any law, we may, inour sole discretion: (1) freeze the account and refuse transactionsuntil we receive written proof (in form and substance satisfactoryto us) of each person’s right and authority over the account and itsfunds; (2) refuse transactions and return checks, marked “Referto Maker” (or similar language); (3) require the signatures of allauthorized signers for the withdrawal of funds, the closing of anaccount, or any change in the account regardless of the numberof authorized signers on the account; (4) request instructionsfrom a court of competent jurisdiction at your expense regardingthe account or transaction; and/or (5) continue to honor checksand other instructions given to us by persons who appear asauthorized signers according to our records. The existence ofthe rights set forth above shall not impose an obligation on us toassert such rights or to deny a transaction.9

  Governing Law   IndemnificationAccounts and services are governed by federal laws andregulations and to the extent not preempted by federal law orotherwise inapplicable, by the “governing state law” determinedas follows for accounts opened or services signed up for on orafter February 24, 2012: If you open your account or sign up fora service in a branch, by the law of the state where the branch islocated, regardless of the state where you reside, or, if you openyour account or sign up for a service remotely (for example byCitibank Online or CitiPhone Banking ), by the law of the statedesignated in the following chart unless a specific agreement orstatute requires otherwise. In either case, state conflict of lawprovisions will not apply.Except as otherwise set forth in this Agreement, you agree toindemnify, defend and hold us harmless from all claims, actions,proceedings, fines, costs and expenses (including, withoutlimitation, attorney fees) related to or arising out of: (a) youractions and omissions in connection with your accounts or ourservices, and (b) our actions and omissions, provided that theyare taken/omitted in accordance with this Agreement or yourinstructions. This provision shall survive the termination ofthis Agreement.Governing State LawIf you open your account, or sign up fora service remotely (i.e., Citibank Online,CitiPhone Banking ) and reside here.Then thegoverning statelaw will adaNew JerseyNew JerseyNew YorkNew YorkTexasTexasVirginiaVirginiaWashington, D.C.Washington, D.C.Any other U.S. state, territory or possessionSouth DakotaIf you open your account remotely, your Home Branch willgenerally be the branch where your first account is opened orsubsequently transferred. Usually, once your Home Branch isestablished, additional accounts you open can be assigned to thesame Home Branch regardless of the governing law applicableto the additional accounts. If you open your account in a branch,your Home Branch will be the branch where you opened theaccount. If you notify us of a change of address after youraccount is opened, it will not affect the Home Branch where youraccounts are maintained and it will not affect the governing statelaw applicable to your existing accounts.   Information SharingOur consumer privacy notice describes personal information wemay collect about you, including your name, address, telephonenumber, and other information we receive from you, informationabout your account and transactions, and information we receivefrom credit reporting agencies and other sources. You authorizeus to disclose this information to affiliates and nonaffiliatedthird parties as permitted by applicable law except as you or welimit those disclosures under the terms of our consumer privacynotice. A copy of our consumer privacy notice accompaniesyour Agreement and we will provide it thereafter as required byapplicable law. You may obtain a copy of our consumer privacynotice at any branch, by calling us toll-free within the U.S. at1-888-214-0017, by calling CitiPhone Banking (see the back coverof this Manual for telephone numbers) or by visiting citibank.com.You may change your privacy preferences at any time by callingthe toll free number listed in our privacy notice. We may take aslong as thirty (30) days from our receipt of your privacy choicesto process your request.   Limitation on Time to Sue or ArbitrateUnless otherwise required by law, an action, proceeding orarbitration by you to enforce an obligation, duty or right arisingunder this Agreement or by law with respect to your account orany account service must be commenced within one (1) year afterthe cause of action accrues (two (2) years if the governing statelaw of your account is Texas).   Recording Your Service RequestsWe may monitor or record your conversations with us or withan agent acting on our behalf. We do this from time to time tomonitor the quality of service and accuracy of information givento you and to ensure that your instructions are followed.   Your Consent for Us to Call YouYou understand that we or our agents may contact you at anytelephone number you provide to us, including your mobile phonenumber. You agree to receive these calls and messages, such astext messages or prerecorded or autodialed calls. You understandyour service provider may charge you for these calls/messages.1011

  Your Consent for Us to Use Your MobilePhone Number to Identify YouWhen you provide a mobile phone number to us, you authorizeyour wireless operator (AT&T, Sprint, T-Mobile, US Cellular,Verizon, or any other branded wireless operator) to disclose yourmobile number, name, address, email, network status, customertype, customer role, billing type, mobile device identifiers (IMSIand IMEI) and other subscriber status details, if available, solelyto allow verification of your identity and to compare informationyou have provided to Citi with your wireless operator accountprofile information for the duration of your business relationshipwith Citibank.   Security InterestYou grant us a security interest in your account for amountsowing to us under this Agreement by any owner. This provisiondoes not apply to IRA or tax-qualified retirement accounts orwhere otherwise prohibited by law.   SeverabilityUnless otherwise stated, if any of the provisions of thisAgreement are determined to be void or invalid, the remainderof the Agreement shall remain in full force and effect.   WaiverWe may delay in enforcing any of our rights under this Agreementwithout losing them. Any waiver by us shall not be deemed awaiver of any other right or of the same right at another time.You waive diligence, demand, presentment, protest and notice ofevery kind, except as set forth in this Agreement.   Account OpeningAll accounts are opened subject to our ability to verify youridentity by requiring acceptable types of identification. To helpthe government fight the funding of terrorism and moneylaundering activities, federal law requires us to obtain, verify,and record information that identifies each person who opensan account. When you apply for an account, we will ask forinformation that will allow us to identify you. We may also ask foryour driver’s license or other identifying documents. Please note:Your ability to perform or request certain account transactions ona new account, such as wire transfers, may be delayed for one ormore business days after account opening.Requests to open new accounts made through Citibank Online orCitiPhone Banking after 8:00 PM Eastern Time (7:00 PM CentralTime, 5:00 PM Pacific Time) on a Business Day or on a weekendor holiday will be deemed to be received on the next BusinessDay. Requests to open new accounts in a branch after the end ofBusiness Day will be deemed to be received on the next BusinessDay. The end of Business Day is posted at each branch.12   Consumer Reporting Agency InformationYou authorize us to obtain a consumer report in connection withthe application, update or renewal of any deposit or loan accountyou apply for and you understand that we may also obtain suchreports at any time once you become a customer. You alsoauthorize us to use these consumer reports to consider you forother programs with Citibank.We may report information, including negative account activity,about you and any joint account owners or authorized signerson the account (including any account closed by Citibank) to aConsumer Reporting Agency. As a result, this may prevent youfrom obtaining services at other financial institutions, includingopening an account. If you believe that we have inaccuratelyreported information to a Consumer Reporting Agency, you havethe right to file a dispute with that Consumer Reporting Agency.You may also file a dispute by calling CitiPhone Banking (seethe back cover of this Manual for telephone numbers) or write tous at Citibank — Consumer Report Inquiry, P.O. Box 769004, SanAntonio, TX 78245-9989. We will review our files and respond toyou in writing.   Checking Account Sub-AccountsFor regulatory reporting and accounting purposes, all Citibankconsumer checking accounts consist of two sub-accounts: atransaction sub-account to which all financial transactions areposted; and a savings sub-account into which available balancesabove a pre-set level are transferred daily.Funds will be transferred to your transaction sub-account to meetyour transactional needs. For Regular Checking (all non-interestbearing checking accounts), both sub-accounts are non-interestbearing. For all types of Interest Checking, the savings subaccounts pay the same interest rate as their correspondingtransaction sub- accounts. Transfers can occur on any BusinessDay. Transfers to the savings sub-account will be made wheneveravailable balances in the transaction sub-account exceed apreset level. Transfers from the savings sub-account to thetransaction sub-account will be made whenever the transactionsub-account balances fall below a predetermined level. Becausebanking regulations limit the number of transfers between thesetypes of sub-accounts, all balances in the savings sub-accountwill be transferred to the transaction sub-account with the sixthtransfer in any statement period. Both sub-accounts are treatedas a single account for purposes of the customer’s deposits andwithdrawals, access and information, tax reporting, fees, etc.   Updating Your Account InformationIt is important that your account records be kept up to date. Youhave a responsibility to provide us with your physical address (nota post office box). Please inform us of any change in your address,including your physical address or your email address. Be sure tochange the address on all of your accounts.13

If you fail to update your address information with us, this mayprevent you from receiving your periodic banking statements orany communication sent with your banking statements, includingnotifications regarding account changes. Additionally, we willnot be liable for errors, debits or charges to, or your inability totransact in, your account resulting from an improper physicaladdress.You can update your account information by doing the fol

“Citi Personal Wealth Management” (“CPWM”) is a business of Citigroup Inc., offering investment products through Citigroup Global Markets Inc. (“CGMI”), member SIPC. “Citi Private Bank” (“CPB”) is a business of Citigroup Inc. Citi