LBD14475-02-4
A. 9230 2
(H) "DEVISEE" MEANS ANY PERSON DESIGNATED IN A WILL TO RECEIVE A
TESTAMENTARY DISPOSITION OF REAL OR PERSONAL PROPERTY.
(I) "HEIRS" MEANS THOSE PERSONS, INCLUDING SURVIVING SPOUSES, WHO ARE
ENTITLED UNDER THE STATUTES OF INTESTATE SUCCESSION TO THE PROPERTY OF A
DECEDENT.
(J) "MULTIPLE-OWNER ACCOUNT" MEANS AN ACCOUNT PAYABLE ON REQUEST TO
TWO OR MORE ACCOUNT OWNERS.
(K) "MULTIPLE-OWNER ACCOUNT SELECTION FORM" MEANS THE FOLLOWING
CONTRACT OF DEPOSIT ESTABLISHING THE TERMS OF A MULTIPLE-OWNER ACCOUNT
IN THE FOLLOWING FORM, OR A SUBSTANTIALLY EQUIVALENT FORM IN THE ACCOUNT
OWNERS' PRIMARY LANGUAGE, IN FOURTEEN-POINT TYPE, PUBLISHED BY THE
DEPARTMENT, WHETHER IN PHYSICAL OR ELECTRONIC WRITTEN FORM:
MULTIPLE-OWNER ACCOUNT SELECTION FORM
THIS IS AN IMPORTANT LEGAL DOCUMENT. THE SELECTIONS BELOW WILL DETERMINE
WHO OWNS THE FUNDS IN THIS ACCOUNT AND HOW SUCH FUNDS WILL PASS UPON THE
DEATH OF AN ACCOUNT OWNER. YOU MAY WISH TO CONSULT AN ATTORNEY.
MULTIPLE-OWNER ACCOUNT: THIS SECTION MUST BE COMPLETED UPON CREATING OR
CHANGING THE TERMS OF AN ACCOUNT THAT IS OWNED BY MORE THAN ONE PERSON.
I. ACCOUNT OWNERS. LIST THE NAMES OF THE PERSONS WHO OWN THE FUNDS IN
THE ACCOUNT. ACCOUNT OWNERS OWN A SHARE OF THE FUNDS EQUAL TO THE SUM OF
THEIR DEPOSITS MINUS THEIR WITHDRAWALS. THE BANK IS NOT RESPONSIBLE FOR
DETERMINING EACH OWNER'S SHARE AND MAY PAY FUNDS TO ANYONE LISTED AS AN
ACCOUNT OWNER.
1.
2.
3.
II. AUTHORIZED SIGNER(S). ANY ACCOUNT OWNER MAY (BUT NEED NOT) DESIG-
NATE ONE OR MORE PERSONS AS AN "AUTHORIZED SIGNER." AUTHORIZED SIGNERS
DO NOT OWN THE ACCOUNT FUNDS BUT MAY MAKE TRANSACTIONS FOR THE CONVEN-
IENCE OF AN ACCOUNT OWNER. AUTHORIZED SIGNERS HAVE NO RIGHT TO TAKE
POSSESSION OF OR PERSONALLY USE ACCOUNT FUNDS. THE BANK MAY PAY FUNDS
TO ANYONE LISTED AS AN AUTHORIZED SIGNER WHILE ANY ACCOUNT OWNER LIVES.
1.
2.
III. DISPOSITION OF FUNDS UPON DEATH. ACCOUNT OWNERS MUST SPECIFY HOW
ACCOUNT FUNDS SHOULD PASS UPON THE DEATH OF AN ACCOUNT OWNER:
A. UPON THE DEATH OF AN ACCOUNT OWNER, SHOULD SUCH OWNER'S FUNDS
PASS TO THE OTHER SURVIVING ACCOUNT OWNER(S)?
NO. UPON MY DEATH, MY FUNDS SHOULD PASS ACCORDING TO MY ESTATE.
YES. UPON MY DEATH, MY FUNDS SHOULD PASS TO THE SURVIVING ACCOUNT
OWNER(S).
B. IF YOU ANSWERED "YES," CHOOSE ONE OF THE FOLLOWING OPTIONS:
A. 9230 3
UPON THE DEATH OF THE LAST SURVIVING ACCOUNT OWNER, THE FUNDS SHOULD
PASS TO SUCH OWNER'S ESTATE.
UPON THE DEATH OF THE LAST SURVIVING ACCOUNT OWNER, THE FUNDS SHOULD
PASS (EQUALLY) TO THE FOLLOWING PERSON(S):
1.
2.
SIGNATURE BLOCK AND NOTARIZATION
ACCOUNT OWNERS AND AUTHORIZED SIGNER(S) MUST SIGN AND DATE BELOW. PLEASE
NOTARIZE THIS DOCUMENT TO ENSURE ITS VALIDITY IF IT HAS NOT BEEN
COMPLETED AT A BANK.
BY SIGNING BELOW, I ACKNOWLEDGE THAT I HAVE REVIEWED EACH SECTION OF
THIS FORM AND UNDERSTAND THE OWNERSHIP RIGHTS ASSOCIATED WITH THE
ACCOUNT SELECTIONS ABOVE. I HAVE MARKED THE TYPE OF ACCOUNT I WANT.
ACCOUNT OWNER SIGNATURE(S) DATE
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
BY SIGNING BELOW, I ACKNOWLEDGE THAT I HAVE READ EACH PARAGRAPH OF THIS
FORM AND HAVE RECEIVED DISCLOSURE OF THE OWNERSHIP RIGHTS TO THE ACCOUNT
SELECTIONS LISTED ABOVE. I UNDERSTAND THAT AS AN AUTHORIZED SIGNER, I DO
NOT OWN THE FUNDS IN THE ACCOUNT AND HAVE NO RIGHT TO SUCH FUNDS AFTER
THE DEATH OF AN ACCOUNT OWNER.
AUTHORIZED SIGNER SIGNATURE(S) DATE
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
(L) "MULTIPLE-PERSON ACCOUNT" MEANS (1) ANY MULTIPLE-OWNER ACCOUNT OR
(2) A SINGLE-OWNER ACCOUNT WITH AN AUTHORIZED SIGNER DESIGNATION, BENE-
FICIARY DESIGNATION, OR BOTH.
(M) "NET CONTRIBUTION" MEANS THE SUM OF DEPOSITS MADE BY OR ON BEHALF
OF AN ACCOUNT OWNER LESS WITHDRAWALS MADE BY OR ON BEHALF OF SUCH
ACCOUNT OWNER WHICH HAVE NOT BEEN PAID TO OR APPLIED TO THE USE OF
ANOTHER ACCOUNT OWNER AND A PROPORTIONATE SHARE OF ANY CHARGES DEDUCTED
FROM THE ACCOUNT, PLUS A PROPORTIONATE SHARE OF ANY INTEREST OR DIVI-
DENDS EARNED, WHETHER OR NOT INCLUDED IN THE CURRENT BALANCE. THE TERM
INCLUDES DEPOSIT LIFE INSURANCE PROCEEDS ADDED TO THE ACCOUNT BY REASON
OF DEATH OF THE ACCOUNT OWNER WHOSE NET CONTRIBUTION IS IN QUESTION.
(N) "PAYMENT ON DEATH (POD) DESIGNATION" MEANS THE DESIGNATION OF A
BENEFICIARY IN AN ACCOUNT PAYABLE ON REQUEST TO ONE OR MORE ACCOUNT
OWNERS DURING THEIR LIFETIMES AND, ON THE DEATH OF THE ACCOUNT OWNER OR
OWNERS, TO ONE OR MORE BENEFICIARIES.
(O) "PAYMENT OF SUMS ON DEPOSIT" OR "PAYMENT" MEANS WITHDRAWAL OR
PAYMENT TO AN ACCOUNT OWNER, AUTHORIZED SIGNER OR THIRD PERSON AUTHOR-
IZED BY THE ACCOUNT OWNER TO MAKE TRANSACTIONS PURSUANT TO CHECK OR
OTHER REQUEST.
A. 9230 4
(P) "PERSON" MEANS AN INDIVIDUAL, A CORPORATION, ORGANIZATION, OR
OTHER LEGAL ENTITY.
(Q) "PERSONAL REPRESENTATIVE" MEANS EXECUTOR, ADMINISTRATOR, SUCCESSOR
PERSONAL REPRESENTATIVE, SPECIAL ADMINISTRATOR, AND PERSONS WHO PERFORM
SUBSTANTIALLY THE SAME FUNCTION UNDER THE LAW GOVERNING THEIR STATUS.
(R) "RECEIVE", AS IT RELATES TO NOTICE TO A BANK, MEANS RECEIPT IN THE
OFFICE OR BRANCH OFFICE OF THE BANK IN WHICH THE ACCOUNT IS ESTABLISHED.
(S) "REQUEST" MEANS A REQUEST FOR PAYMENT COMPLYING WITH ALL TERMS OF
THE ACCOUNT, INCLUDING SPECIAL REQUIREMENTS CONCERNING NECESSARY SIGNA-
TURES AND REGULATION OF THE BANK.
(T) "SINGLE-OWNER ACCOUNT" MEANS AN ACCOUNT PAYABLE ON REQUEST TO ONE
ACCOUNT OWNER.
(U) "SUMS ON DEPOSIT" MEANS THE BALANCE PAYABLE ON THE ACCOUNT,
INCLUDING INTEREST AND DIVIDENDS EARNED, WHETHER OR NOT INCLUDED IN THE
CURRENT BALANCE AND ANY DEPOSIT LIFE INSURANCE PROCEEDS ADDED TO THE
ACCOUNT BY REASON OF DEATH OF AN ACCOUNT OWNER.
(V) "SINGLE-OWNER ACCOUNT SELECTION FORM" MEANS THE FOLLOWING CONTRACT
OF DEPOSIT ESTABLISHING THE TERMS OF A SINGLE-OWNER ACCOUNT IN THE
FOLLOWING FORM, OR A SUBSTANTIALLY EQUIVALENT FORM IN THE ACCOUNT
OWNER'S PRIMARY LANGUAGE, IN FOURTEEN-POINT TYPE, PUBLISHED BY THE
DEPARTMENT, WHETHER IN PHYSICAL OR ELECTRONIC WRITTEN FORM:
SINGLE-OWNER ACCOUNT SELECTION FORM
THIS IS AN IMPORTANT LEGAL DOCUMENT. THE SELECTIONS BELOW WILL DETERMINE
WHO OWNS THE FUNDS IN THIS ACCOUNT AND HOW SUCH FUNDS WILL PASS UPON THE
DEATH OF THE ACCOUNT OWNER. YOU MAY WISH TO CONSULT AN ATTORNEY.
SINGLE-OWNER ACCOUNT: THIS FORM MUST BE COMPLETED UPON CREATING OR
CHANGING THE TERMS OF AN ACCOUNT THAT IS OWNED BY ONLY ONE PERSON.
I. ACCOUNT OWNER. LIST THE NAME OF THE PERSON WHO OWNS THE FUNDS IN
THIS ACCOUNT.
1.
II. AUTHORIZED SIGNER(S). THE ACCOUNT OWNER MAY (BUT NEED NOT) DESIG-
NATE ONE OR MORE PERSONS AS AN "AUTHORIZED SIGNER." AUTHORIZED SIGNERS
DO NOT OWN THE ACCOUNT FUNDS BUT MAY MAKE TRANSACTIONS FOR THE CONVEN-
IENCE OF THE ACCOUNT OWNER. AUTHORIZED SIGNERS HAVE NO RIGHT TO TAKE
POSSESSION OF OR PERSONALLY USE ACCOUNT FUNDS. THE BANK MAY PAY FUNDS TO
ANYONE LISTED AS AN AUTHORIZED SIGNER WHILE THE ACCOUNT OWNER LIVES.
1.
2.
III. DISPOSITION OF FUNDS UPON DEATH. THE ACCOUNT OWNER MUST CHOOSE
HOW THE ACCOUNT FUNDS SHOULD PASS UPON THEIR DEATH:
UPON MY DEATH, THE FUNDS SHOULD PASS ACCORDING TO MY ESTATE.
UPON MY DEATH, THE FUNDS SHOULD PASS (EQUALLY) TO THE FOLLOWING
PERSON(S):
1.
A. 9230 5
2.
SIGNATURE BLOCK AND NOTARIZATION
ACCOUNT OWNERS AND AUTHORIZED SIGNERS MUST SIGN AND DATE BELOW. PLEASE
NOTARIZE THIS DOCUMENT TO ENSURE ITS VALIDITY IF IT HAS NOT BEEN
COMPLETED AT A BANK.
BY SIGNING BELOW, I ACKNOWLEDGE THAT I HAVE REVIEWED EACH SECTION OF
THIS FORM AND UNDERSTAND THE OWNERSHIP RIGHTS ASSOCIATED WITH THE
ACCOUNT SELECTIONS ABOVE. I HAVE MARKED THE TYPE OF ACCOUNT I WANT.
ACCOUNT OWNER SIGNATURE DATE
________________________________________________________________________
BY SIGNING BELOW, I ACKNOWLEDGE THAT I HAVE REVIEWED EACH SECTION OF
THIS FORM AND UNDERSTAND THE OWNERSHIP RIGHTS ASSOCIATED WITH THE
ACCOUNT SELECTIONS ABOVE. I UNDERSTAND THAT AS AN AUTHORIZED SIGNER, I
DO NOT OWN THE FUNDS IN THE ACCOUNT AND HAVE NO RIGHT TO SUCH FUNDS
AFTER THE DEATH OF AN ACCOUNT OWNER.
AUTHORIZED SIGNER(S) SIGNATURE DATE
________________________________________________________________________
(W) "TERMS OF THE ACCOUNT" INCLUDES THE DEPOSIT AGREEMENT, INCLUDING
THE ACCOUNT SELECTION FORMS, AND OTHER TERMS AND CONDITIONS OF THE
CONTRACT OF DEPOSIT.
2. SCOPE OF SECTION. THIS SECTION SHALL:
(A) APPLY TO MULTIPLE-PERSON AND SINGLE-OWNER ACCOUNTS IN NEW YORK
STATE ESTABLISHED FOR PERSONAL USE.
(B) NOT AFFECT THE LAW GOVERNING TENANCY BY THE ENTIRETIES.
(C) NOT APPLY TO:
(I) AN ACCOUNT ESTABLISHED FOR A PARTNERSHIP, JOINT VENTURE, OR OTHER
ORGANIZATION FOR A BUSINESS PURPOSE;
(II) AN ACCOUNT CONTROLLED BY ONE OR MORE PERSONS AS AN AGENT OR TRUS-
TEE FOR A CORPORATION, UNINCORPORATED ASSOCIATION, OR CHARITABLE OR
CIVIC ORGANIZATION; OR
(III) A FIDUCIARY OR TRUST ACCOUNT IN WHICH THE RELATIONSHIP IS ESTAB-
LISHED OTHER THAN BY THE TERMS OF THE ACCOUNT.
3. TYPES OF ACCOUNTS. (A) A BANK MAY ENTER A CONTRACT OF DEPOSIT TO
ESTABLISH A SINGLE-OWNER ACCOUNT OR A MULTIPLE-OWNER ACCOUNT, AND MAY
PROVIDE FOR ONE OR MORE POD DESIGNATIONS, ONE OR MORE AUTHORIZED SIGNER
DESIGNATIONS, OR BOTH IN EACH TYPE OF ACCOUNT. A MULTIPLE-OWNER ACCOUNT
MAY BE WITH OR WITHOUT A RIGHT OF SURVIVORSHIP BETWEEN THE OTHER ACCOUNT
OWNERS.
(B) AN ACCOUNT ESTABLISHED AFTER THE EFFECTIVE DATE OF THIS SECTION
SHALL BE CONSIDERED EITHER A SINGLE-OWNER ACCOUNT OR A MULTIPLE-OWNER
ACCOUNT, WITH OR WITHOUT THE RIGHT OF SURVIVORSHIP, WITH OR WITHOUT ONE
OR MORE POD DESIGNATIONS, AND WITH OR WITHOUT ONE OR MORE AUTHORIZED
SIGNER DESIGNATIONS.
4. ADMINISTRATION OF ACCOUNT SELECTION FORMS. (A) ACCOUNT SELECTION
FORMS SHALL ESTABLISH THE TYPE OF ACCOUNT PROVIDED, AND SUCH ACCOUNTS
SHALL BE GOVERNED BY THE PROVISIONS OF THIS ACT APPLICABLE TO SUCH
ACCOUNT TYPE.
(B) THE SINGLE-OWNER ACCOUNT SELECTION FORM SHALL BE ADMINISTERED BY
THE BANK UPON THE ESTABLISHMENT OF A SINGLE-OWNER ACCOUNT WITH A POD
DESIGNATION, AUTHORIZED SIGNER DESIGNATION, OR BOTH, AND THEREAFTER IF
A. 9230 6
THE ACCOUNT OWNER OR OWNERS CHANGE THE TERMS OF SUCH SINGLE-OWNER
ACCOUNT.
(C) THE MULTIPLE-OWNER ACCOUNT SELECTION FORM SHALL BE ADMINISTERED BY
THE BANK UPON THE ESTABLISHMENT OF A MULTIPLE-OWNER ACCOUNT AND THERE-
AFTER IF THE ACCOUNT OWNERS CHANGE THE TERMS OF SUCH MULTIPLE-OWNER
ACCOUNT.
(D) ALL ACCOUNT OWNERS ON A MULTIPLE-OWNER ACCOUNT MUST AGREE IN WRIT-
ING TO ANY CHANGE IN THE TERMS OF AN ACCOUNT RELATING TO ACCOUNT OWNER-
SHIP, SURVIVORSHIP RIGHTS, AUTHORIZED SIGNERS, AND BENEFICIARIES USING
THE APPLICABLE ACCOUNT SELECTION FORM.
(E) THE ACCOUNT SELECTION FORMS SHALL BE NOTARIZED BY A NOTARY PUBLIC
UNLESS COMPLETED AT A BANK OR FILED ELECTRONICALLY PURSUANT TO ARTICLE
THREE OF THE STATE TECHNOLOGY LAW AND SHALL COMPLY WITH OTHER STATE LAWS
AND REGULATIONS.
(F) EACH BANK SUBJECT TO THIS SECTION SHALL MAINTAIN THE APPROPRIATE
ACCOUNT SELECTION FORM OR FORMS FOR EACH SINGLE OR MULTIPLE-OWNER
ACCOUNT SO LONG AS THE ACCOUNT IS OPEN AND FOR A PERIOD OF SIX YEARS
AFTER IT IS CLOSED.
5. DESIGNATION OF AUTHORIZED SIGNER OR BENEFICIARY. (A) IN A SINGLE-
OWNER ACCOUNT, THE ACCOUNT OWNER MAY USE THE SINGLE-OWNER ACCOUNT
SELECTION FORM TO DESIGNATE A PERSON OR PERSONS OTHER THAN AN ACCOUNT
OWNER AS AN AUTHORIZED SIGNER OR BENEFICIARY.
(B) IN A MULTIPLE-OWNER ACCOUNT, ACCOUNT OWNERS MAY USE THE MULTIPLE-
OWNER ACCOUNT SELECTION FORM TO DESIGNATE A PERSON OR PERSONS OTHER THAN
AN ACCOUNT OWNER AS AN AUTHORIZED SIGNER OR BENEFICIARY FOR ALL ACCOUNT
OWNERS ON AN ACCOUNT. ALL ACCOUNT OWNERS MUST CONSENT TO ANY AUTHORIZED
SIGNER OR POD DESIGNATION IN WRITING USING THE MULTIPLE-OWNER ACCOUNT
SELECTION FORM.
(C) UNLESS THERE IS CLEAR AND CONVINCING EVIDENCE OF A DIFFERENT
INTENT, THE AUTHORIZED SIGNER'S AUTHORITY SHALL SURVIVE DISABILITY AND
INCAPACITY. THE AUTHORIZED SIGNER MAY ACT FOR A DISABLED OR INCAPACI-
TATED ACCOUNT OWNER UNTIL THE AUTHORITY OF THE AUTHORIZED SIGNER IS
TERMINATED.
(D) DEATH OF THE SOLE ACCOUNT OWNER OR LAST SURVIVING ACCOUNT OWNER
SHALL TERMINATE THE AUTHORITY OF AN AUTHORIZED SIGNER.
6. ACCOUNT OWNERSHIP DURING LIFETIME. (A) IN A MULTIPLE-OWNER ACCOUNT,
DURING THE LIFETIMES OF ALL ACCOUNT OWNERS, AN ACCOUNT BELONGS TO THE
ACCOUNT OWNERS IN PROPORTION TO THE NET CONTRIBUTION OF EACH TO THE SUMS
ON DEPOSIT, UNLESS THERE IS CLEAR AND CONVINCING EVIDENCE OF A DIFFERENT
INTENT. IN THE ABSENCE OF PROOF OTHERWISE, THE NET CONTRIBUTION OF EACH
IS PRESUMED TO BE AN EQUAL AMOUNT.
(B) A BENEFICIARY IN AN ACCOUNT HAVING A POD DESIGNATION SHALL HAVE NO
BENEFICIAL RIGHT TO SUMS ON DEPOSIT DURING THE LIFETIME OF ANY ACCOUNT
OWNER.
(C) AN AUTHORIZED SIGNER SHALL HAVE NO BENEFICIAL RIGHT TO SUMS ON
DEPOSIT.
7. RIGHTS AT DEATH. (A) RIGHTS AT DEATH OF AN ACCOUNT OWNER ARE
DETERMINED BY THE TERMS OF THE ACCOUNT AT THE TIME OF SUCH ACCOUNT
OWNER'S DEATH.
(B) A TRANSFER RESULTING FROM THE APPLICATION OF THIS SECTION SHALL BE
EFFECTIVE BY REASON OF THE TERMS OF THE ACCOUNT INVOLVED AND THIS
SECTION AND IS NOT TESTAMENTARY OR SUBJECT TO ESTATE ADMINISTRATION.
(C) UNLESS ALL THE ACCOUNT OWNERS HAVE INDICATED A PREFERENCE FOR THE
RIGHT OF SURVIVORSHIP ON THE MULTIPLE-OWNER ACCOUNT SELECTION FORM, OR
THERE IS CLEAR AND CONVINCING EVIDENCE OF A DIFFERENT INTENT, UPON THE
A. 9230 7
DEATH OF AN ACCOUNT OWNER, SUMS ON DEPOSIT IN A MULTIPLE-OWNER ACCOUNT
SHALL PASS TO THE ESTATE OF SUCH DECEASED ACCOUNT OWNER.
(D) IF TWO OR MORE ACCOUNT OWNERS SURVIVE, AND ALL ACCOUNT OWNERS HAVE
INDICATED A PREFERENCE FOR THE RIGHT OF SURVIVORSHIP ON THE MULTIPLE-
OWNER ACCOUNT SELECTION FORM, UNLESS THERE IS CLEAR AND CONVINCING
EVIDENCE OF A DIFFERENT INTENT, THE AMOUNT TO WHICH THE DECEDENT, IMME-
DIATELY BEFORE DEATH, WAS BENEFICIALLY ENTITLED, PURSUANT TO SUBDIVISION
SIX OF THIS SECTION, SHALL BELONG TO THE SURVIVING ACCOUNT OWNERS IN
EQUAL SHARES, AND AUGMENTS THE PROPORTION TO WHICH EACH SURVIVOR, IMME-
DIATELY BEFORE THE DECEDENT'S DEATH, WAS BENEFICIALLY ENTITLED TO PURSU-
ANT TO SUCH SUBDIVISION, AND THE RIGHT OF SURVIVORSHIP CONTINUES BETWEEN
THE SURVIVING ACCOUNT OWNERS.
(E) IN AN ACCOUNT WITH A POD DESIGNATION:
(I) ON DEATH OF ONE OF TWO OR MORE ACCOUNT OWNERS, THE RIGHTS TO SUMS
ON DEPOSIT ARE GOVERNED BY PARAGRAPH (C) OR (D) OF THIS SUBDIVISION.
(II) ON DEATH OF THE SOLE ACCOUNT OWNER OR THE LAST SURVIVOR OF TWO OR
MORE ACCOUNT OWNERS, SUMS ON DEPOSIT BELONG TO THE SURVIVING BENEFICIARY
OR BENEFICIARIES. IF TWO OR MORE BENEFICIARIES SURVIVE, SUMS ON DEPOSIT
BELONG TO THEM IN EQUAL AND UNDIVIDED SHARES, AND THERE SHALL BE NO
RIGHT OF SURVIVORSHIP IN THE EVENT OF DEATH OF A BENEFICIARY THEREAFTER.
IF NO BENEFICIARY SURVIVES, SUMS ON DEPOSIT BELONG TO THE ESTATE OF THE
LAST SURVIVING ACCOUNT OWNER.
(III) SUMS ON DEPOSIT IN A SINGLE-OWNER ACCOUNT WITHOUT A POD DESIG-
NATION, OR IN A MULTIPLE-OWNER ACCOUNT THAT, BY THE TERMS OF THE
ACCOUNT, IS WITHOUT RIGHT OF SURVIVORSHIP, ARE NOT AFFECTED BY THE DEATH
OF AN ACCOUNT OWNER, BUT THE AMOUNT TO WHICH THE DECEDENT, IMMEDIATELY
BEFORE DEATH, WAS BENEFICIALLY ENTITLED, PURSUANT TO SUBDIVISION SIX OF
THIS SECTION, IS TRANSFERRED AS PART OF THE DECEDENT'S ESTATE. A POD
DESIGNATION IN A MULTIPLE-OWNER ACCOUNT WITHOUT THE RIGHT OF SURVIVOR-
SHIP SHALL BE INEFFECTIVE.
(IV) THE OWNERSHIP RIGHTS OF A SURVIVING ACCOUNT OWNER OR BENEFICIARY,
OR OF THE DECEDENT'S ESTATE, IN SUMS ON DEPOSIT IS SUBJECT TO REQUEST
FOR PAYMENT MADE BY AN ACCOUNT OWNER BEFORE THE ACCOUNT OWNER'S DEATH,
WHETHER PAID BY THE BANK BEFORE OR AFTER DEATH, OR UNPAID, THE SURVIVING
ACCOUNT OWNER OR BENEFICIARY, OR THE DECEDENT'S ESTATE, IS LIABLE TO THE
PAYEE OF AN UNPAID REQUEST FOR PAYMENT. THE LIABILITY IS LIMITED TO A
PROPORTIONATE SHARE OF THE AMOUNT TRANSFERRED UNDER THIS SECTION, TO THE
EXTENT NECESSARY TO DISCHARGE THE REQUEST FOR PAYMENT.
8. ALTERATION OF RIGHTS. (A) AN ACCOUNT OWNER MAY ALTER THE TERMS OF
THE ACCOUNT BY COMPLETING A NEW ACCOUNT SELECTION FORM FOR SUCH ACCOUNT
AND SUBMITTING IT TO THE BANK. TO BE EFFECTIVE, ALL ACCOUNT OWNERS MUST
CONSENT TO THE ALTERATION IN WRITING USING THE APPROPRIATE ACCOUNT
SELECTION FORM, AND THE NOTICE MUST BE RECEIVED BY THE BANK DURING AN
ACCOUNT OWNER'S LIFETIME.
(B) A RIGHT OF SURVIVORSHIP ARISING FROM THE EXPRESS TERMS OF THE
ACCOUNT, ESTABLISHED PURSUANT TO SUBDIVISION SEVEN OF THIS SECTION, OR A
POD DESIGNATION, MAY NOT BE ALTERED BY WILL.
9. PAYMENT ON MULTIPLE-OWNER ACCOUNTS. A BANK, ON REQUEST, MAY PAY
SUMS ON DEPOSIT IN A MULTIPLE-OWNER ACCOUNT TO:
(A) ONE OR MORE OF THE ACCOUNT OWNERS, WHETHER OR NOT ANOTHER ACCOUNT
OWNER IS DISABLED, INCAPACITATED, OR DECEASED WHEN PAYMENT IS REQUESTED
AND WHETHER OR NOT THE ACCOUNT OWNER MAKING THE REQUEST SURVIVES ANOTHER
ACCOUNT OWNER; OR
(B) THE PERSONAL REPRESENTATIVE, IF ANY, OR, IF THERE IS NONE, THE
HEIRS OR DEVISEES OF A DECEASED ACCOUNT OWNER IF PROOF OF DEATH IS
PRESENTED TO THE BANK SHOWING THAT THE DECEASED ACCOUNT OWNER WAS THE
A. 9230 8
SURVIVOR OF ALL OTHER PERSONS NAMED ON THE ACCOUNT EITHER AS AN ACCOUNT
OWNER OR BENEFICIARY, UNLESS THE ACCOUNT IS WITHOUT RIGHT OF SURVIVOR-
SHIP PURSUANT TO SUBDIVISION SEVEN OF THIS SECTION.
10. PAYMENT TO AUTHORIZED SIGNER. A BANK, ON REQUEST, MAY PAY SUMS ON
DEPOSIT IN AN ACCOUNT WITH AN AUTHORIZED SIGNER DESIGNATION TO SUCH
AUTHORIZED SIGNER WHETHER OR NOT AN ACCOUNT OWNER IS DISABLED, INCAPACI-
TATED, OR DECEASED WHEN THE REQUEST IS MADE OR RECEIVED, AND WHETHER OR
NOT THE AUTHORITY OF THE AUTHORIZED SIGNER TERMINATES ON THE DISABILITY
OR INCAPACITY OF AN ACCOUNT OWNER.
11. PAYMENT ON POD DESIGNATION. A BANK, ON REQUEST, MAY PAY SUMS ON
DEPOSIT IN AN ACCOUNT WITH A POD DESIGNATION TO:
(A) ONE OR MORE OF THE ACCOUNT OWNERS, WHETHER OR NOT ANOTHER ACCOUNT
OWNER IS DISABLED, INCAPACITATED, OR DECEASED WHEN THE PAYMENT IS
REQUESTED AND WHETHER OR NOT AN ACCOUNT OWNER SURVIVES ANOTHER ACCOUNT
OWNER;
(B) THE BENEFICIARY OR BENEFICIARIES, IF PROOF OF DEATH IS PRESENTED
TO THE BANK SHOWING THAT THE BENEFICIARY OR BENEFICIARIES SURVIVED ALL
ACCOUNT OWNERS; OR
(C) THE PERSONAL REPRESENTATIVE, IF ANY, OR, IF THERE IS NONE, THE
HEIRS OR DEVISEES OF A DECEASED ACCOUNT OWNER, IF PROOF OF DEATH IS
PRESENTED TO THE BANK SHOWING THAT THE DECEASED ACCOUNT OWNER WAS THE
SURVIVOR OF ALL OTHER PERSONS NAMED ON THE ACCOUNT EITHER AS ACCOUNT
OWNER OR BENEFICIARY.
12. DISCHARGE OF BANK FROM LIABILITY. (A) PAYMENT MADE PURSUANT TO
THIS SECTION IN ACCORDANCE WITH THE TERMS OF THE ACCOUNT OR THE ACCOUNT
SELECTION FORMS DISCHARGES THE BANK FROM ALL CLAIMS FOR AMOUNTS SO PAID,
WHETHER OR NOT THE PAYMENT IS CONSISTENT WITH THE BENEFICIAL ACCOUNT
OWNERSHIP OF THE ACCOUNT AS BETWEEN ACCOUNT OWNERS, BENEFICIARIES, OR
THEIR SUCCESSORS. PAYMENT MAY BE MADE WHETHER OR NOT AN ACCOUNT OWNER,
BENEFICIARY, OR AUTHORIZED SIGNER IS DISABLED, INCAPACITATED, OR
DECEASED WHEN PAYMENT IS REQUESTED, RECEIVED, OR MADE.
(B) PROTECTION UNDER THIS SECTION DOES NOT EXTEND TO PAYMENTS MADE
AFTER A BANK HAS RECEIVED WRITTEN NOTICE FROM AN ACCOUNT OWNER, OR FROM
THE PERSONAL REPRESENTATIVE, SURVIVING SPOUSE, HEIR, OR DEVISEE OF A
DECEASED ACCOUNT OWNER, TO THE EFFECT THAT PAYMENTS IN ACCORDANCE WITH
THE TERMS OF THE ACCOUNT, INCLUDING ONE HAVING AN AUTHORIZED SIGNER
DESIGNATION, SHOULD NOT BE PERMITTED, AND THE BANK HAS HAD A REASONABLE
OPPORTUNITY TO ACT ON IT WHEN THE PAYMENT IS MADE. UNLESS THE NOTICE IS
WITHDRAWN BY THE PERSON GIVING IT, THE SUCCESSOR OF ANY DECEASED ACCOUNT
OWNER MUST CONCUR IN A REQUEST FOR PAYMENT IF THE BANK IS TO BE
PROTECTED UNDER THIS SECTION. UNLESS A BANK HAS BEEN SERVED WITH PROCESS
IN AN ACTION OR PROCEEDING, NO OTHER NOTICE OR OTHER INFORMATION SHOWN
TO HAVE BEEN AVAILABLE TO THE BANK AFFECTS ITS RIGHT TO PROTECTION UNDER
THIS SECTION.
(C) A BANK THAT RECEIVES WRITTEN NOTICE PURSUANT TO THIS SECTION OR
OTHERWISE HAS REASON TO BELIEVE THAT A DISPUTE EXISTS AS TO THE RIGHTS
OF THE ACCOUNT OWNERS MAY REFUSE, WITHOUT LIABILITY, TO MAKE PAYMENTS IN
ACCORDANCE WITH THE TERMS OF THE ACCOUNT. A BANK NEED NOT INQUIRE AS TO
THE SOURCE OF A DEPOSIT TO AN ACCOUNT OR AS TO THE PROPOSED APPLICATION
OF A PAYMENT FROM AN ACCOUNT.
(D) PROTECTION OF A BANK UNDER THIS SECTION DOES NOT AFFECT THE RIGHTS
OF ACCOUNT OWNERS IN DISPUTES BETWEEN THEMSELVES OR THEIR SUCCESSORS
CONCERNING THE OWNERSHIP OF SUMS ON DEPOSIT IN ACCOUNTS OR PAYMENTS MADE
FROM ACCOUNTS.
(E) BENEFICIAL ACCOUNT OWNERSHIP AS BETWEEN ACCOUNT OWNERS OR AS
BETWEEN ACCOUNT OWNERS AND BENEFICIARIES APPLY ONLY TO CONTROVERSIES
A. 9230 9
BETWEEN THOSE PERSONS AND THEIR CREDITORS AND OTHER SUCCESSORS, AND DO
NOT APPLY THE RIGHT OF THOSE PERSONS TO PAYMENT AS DETERMINED BY THE
TERMS OF THE ACCOUNT.
13. EXISTING ACCOUNTS. EACH BANK SHALL, FOR EACH MULTIPLE-PERSON
ACCOUNT ESTABLISHED BEFORE THE EFFECTIVE DATE OF THIS SECTION, NOTIFY
THE ACCOUNT OWNERS OF SUCH ACCOUNTS ABOUT THE REQUIREMENT TO SUBMIT AN
ACCOUNT SELECTION FORM WITHIN ONE YEAR FROM THE EFFECTIVE DATE OF THIS
ACT. SUCH BANK SHALL PROVIDE EACH ACCOUNT OWNER WITH THE APPROPRIATE
ACCOUNT SELECTION FORM AS PART OF SUCH NOTICE. SUCH NOTICE MAY BE
EXECUTED BY MAIL OR, IF AUTHORIZED BY ACCOUNT OWNER OR OWNERS, ELECTRON-
ICALLY. IF THE BANK HAS NOT RECEIVED AN ACCOUNT SELECTION FORM FROM AN
ACCOUNT OWNER WITHIN SIX MONTHS OF THE EFFECTIVE DATE OF THIS ACT, THE
BANK SHALL PROVIDE A SECOND NOTICE.
14. REGULATIONS OF THE SUPERINTENDENT. THE SUPERINTENDENT SHALL
PROMULGATE AND MAY FROM TIME TO TIME AMEND RULES AND REGULATIONS WHICH
REQUIRE THAT THE ACCOUNT OWNER OR OWNERS OF A MULTIPLE-PERSON ACCOUNT
UNDER THIS SECTION BE INFORMED OF THE TERMS AND CONDITIONS OF THE
ACCOUNT, INCLUDING THE RELATIONSHIP AND CONSEQUENCES BETWEEN THE PERSONS
ASSOCIATED WITH THE ACCOUNT, THE DIFFERENCES BETWEEN ACCOUNT TYPES, AND
THE RESPONSIBILITIES OF THE INSTITUTION WITH WHICH THE ACCOUNT IS ESTAB-
LISHED.
15. SEVERABILITY CLAUSE. IF ANY PROVISION OF THIS ACT OR ITS APPLICA-
TION TO ANY PERSON OR CIRCUMSTANCE IS HELD INVALID, THE INVALIDITY DOES
NOT AFFECT OTHER PROVISIONS OR APPLICATION OF THIS ACT WHICH CAN BE
GIVEN EFFECT WITHOUT THE INVALID PROVISION OR APPLICATION, AND TO THIS
END THE PROVISIONS OF THIS ACT ARE SEVERABLE.
§ 3. Section 679 of the banking law, as added by chapter 432 of the
laws of 2018, is amended to read as follows:
§ 679. Public awareness; banking services. The superintendent shall
conduct a public awareness campaign to educate consumers on different
banking services available in the state, particularly those that can
assist vulnerable adults in financial planning, including, but not
limited to, citizens of an advanced age, individuals with cognitive or
developmental disabilities, or those who have health or physical issues
that impair their financial independence. The public awareness campaign
shall include information regarding the differences between types of
accounts, including joint and [convenience] MULTIPLE-PERSON accounts, as
well as the rights and responsibilities generally recognized for each.
The public awareness campaign shall also include, but not be limited to,
answers to general concerns and questions that individuals may have with
respect to the establishment of certain types of accounts and services,
as well as information and recommendations for obtaining more informa-
tion.
§ 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law. Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date are authorized to be made and
completed on or before such effective date.