[ ] is old law to be omitted.
LBD14475-06-4
S. 9383--A 2
THE FOLLOWING FORM, OR A SUBSTANTIALLY EQUIVALENT FORM IN THE ACCOUNT
OWNER'S PRIMARY LANGUAGE, IN FOURTEEN-POINT TYPE, PUBLISHED BY THE
DEPARTMENT OF FINANCIAL SERVICES, WHETHER IN PHYSICAL OR ELECTRONIC
WRITTEN FORM:
ACCOUNT SIGNATURE CARD
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.
I. ACCOUNT OWNER(S). IDENTIFY THE ACCOUNT OWNER OR OWNERS.
EACH ACCOUNT OWNER'S SHARE OF THE ACCOUNT FUNDS IS EQUAL TO THEIR
DEPOSITS MINUS THEIR WITHDRAWALS. THE BANK IS NOT RESPONSIBLE FOR DETER-
MINING SHARES AND MAY PAY FUNDS TO ANY IDENTIFIED ACCOUNT OWNER.
1. ____________________________________________________________________
2. ____________________________________________________________________
3. ____________________________________________________________________
II. AUTHORIZED SIGNER(S). IDENTIFY THE AUTHORIZED SIGNER OR SIGNERS
(OPTIONAL).
THE ACCOUNT OWNER OR OWNERS MAY (BUT NEED NOT) DESIGNATE ONE OR MORE
"AUTHORIZED SIGNERS" TO MAKE ACCOUNT TRANSACTIONS FOR THEIR CONVENIENCE.
AN AUTHORIZED SIGNER HAS NO RIGHT TO TAKE POSSESSION OF ACCOUNT FUNDS OR
USE SUCH FUNDS FOR PERSONAL BENEFIT. WHILE ANY ACCOUNT OWNER LIVES, THE
BANK MAY PAY FUNDS TO ANY IDENTIFIED AUTHORIZED SIGNER.
1. ____________________________________________________________________
2. ____________________________________________________________________
3. ____________________________________________________________________
III. DISPOSITION OF ACCOUNT WITH MULTIPLE OWNERS UPON DEATH.
ONLY ANSWER THE FOLLOWING QUESTION IF THE ACCOUNT HAS MORE THAN ONE
OWNER. SHOULD A DECEASED ACCOUNT OWNER'S SHARE OF THE ACCOUNT FUNDS PASS
TO THE OTHER SURVIVING ACCOUNT OWNER OR OWNERS?
____ NO. A DECEASED ACCOUNT OWNER'S SHARE OF THE ACCOUNT FUNDS SHOULD
BE DISPOSED OF AS PART OF SUCH OWNER'S ESTATE.
____ YES. A DECEASED ACCOUNT OWNER'S SHARE OF THE ACCOUNT FUNDS SHOULD
PASS TO THE SURVIVING ACCOUNT OWNER OR OWNERS.
SIGNATURE BLOCK AND NOTARIZATION
ACCOUNT OWNER(S) AND AUTHORIZED SIGNER(S) MUST SIGN AND DATE BELOW. ANY
SIGNATURE BELOW MUST BE ACKNOWLEDGED BEFORE A NOTARY PUBLIC TO ENSURE
ITS VALIDITY IF THIS SIGNATURE CARD HAS NOT BEEN ADMINISTERED BY A BANK.
S. 9383--A 3
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. AS AN AUTHORIZED SIGNER, I UNDERSTAND THAT I
DO NOT OWN THE FUNDS IN THIS ACCOUNT AND HAVE NO RIGHT TO USE SUCH FUNDS
FOR MY PERSONAL BENEFIT OR TO TAKE POSSESSION OF SUCH FUNDS UPON AN
ACCOUNT OWNER'S DEATH.
AUTHORIZED SIGNER(S) SIGNATURE ________________________ DATE _______
(E) "AUTHORIZED SIGNER" MEANS A PERSON AUTHORIZED TO MAKE ACCOUNT
TRANSACTIONS FOR THE CONVENIENCE OF AN ACCOUNT OWNER BUT WHO DOES NOT
OWN THE ACCOUNT AND HAS NO BENEFICIAL RIGHT TO SUMS ON DEPOSIT.
(F) "AUTHORIZED SIGNER DESIGNATION" MEANS THE DESIGNATION OF AN
AUTHORIZED SIGNER IN AN ACCOUNT PAYABLE ON REQUEST TO ONE OR MORE
ACCOUNT OWNERS.
(G) "CONTRACT OF DEPOSIT" MEANS A WRITTEN DOCUMENT ESTABLISHING THE
TERMS OF AN ACCOUNT BETWEEN A BANK AND ONE OR MORE ACCOUNT OWNERS.
(H) "DISTRIBUTEE" MEANS A DISTRIBUTEE AS DEFINED IN SECTION 1-2.5 OF
THE ESTATES, POWERS AND TRUSTS LAW.
(I) "BANK" SHALL MEAN A BANK AS DEFINED IN SECTION TWO OF THIS CHAP-
TER, CREDIT UNION, SAVINGS BANK, PRIVATE BANKER, SAVINGS AND LOAN ASSO-
CIATION, FOREIGN BANKING CORPORATION LICENSED BY THE SUPERINTENDENT, AND
INTERSTATE BRANCH ESTABLISHED PURSUANT TO ARTICLE FIVE-C OF THIS CHAP-
TER.
(J) "MULTIPLE-OWNER ACCOUNT" MEANS AN ACCOUNT PAYABLE ON REQUEST TO
TWO OR MORE ACCOUNT OWNERS.
(K) "MULTIPLE-PERSON ACCOUNT" MEANS (1) ANY MULTIPLE-OWNER ACCOUNT OR
(2) A SINGLE-OWNER ACCOUNT WITH AN AUTHORIZED SIGNER DESIGNATION.
(L) "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. SUCH TERM
INCLUDES ANY DEPOSIT OF LIFE INSURANCE PROCEEDS ADDED TO THE ACCOUNT BY
REASON OF DEATH OF THE ACCOUNT OWNER WHOSE NET CONTRIBUTION IS IN QUES-
TION.
(M) "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 REQUEST.
(N) "PERSON" MEANS AN INDIVIDUAL, A CORPORATION, ORGANIZATION, OR
OTHER LEGAL ENTITY.
(O) "PERSONAL REPRESENTATIVE" MEANS A PERSONAL REPRESENTATIVE AS
DEFINED IN SECTION 2-1.13 OF THE ESTATES, POWERS AND TRUSTS LAW.
(P) "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.
(Q) "REQUEST" MEANS A REQUEST FOR PAYMENT COMPLYING WITH ALL TERMS OF
THE ACCOUNT AND ACCOUNT SIGNATURE CARD, INCLUDING SPECIAL REQUIREMENTS
CONCERNING NECESSARY SIGNATURES AND REGULATION OF THE BANK.
S. 9383--A 4
(R) "SINGLE-OWNER ACCOUNT" MEANS AN ACCOUNT PAYABLE ON REQUEST TO ONE
ACCOUNT OWNER.
(S) "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 OF LIFE INSURANCE PROCEEDS ADDED TO THE
ACCOUNT BY REASON OF DEATH OF AN ACCOUNT OWNER.
(T) "TERMS OF THE ACCOUNT" MEANS THE CONTRACT OF DEPOSIT, INCLUDING
THE ACCOUNT SIGNATURE CARD, AND ANY OTHER TERMS AND CONDITIONS OF THE
DEPOSIT AGREEMENT.
(U) "TESTAMENTARY BENEFICIARY" MEANS A TESTAMENTARY BENEFICIARY AS
DEFINED IN SECTION 1-2.18 OF THE ESTATES, POWERS AND TRUSTS LAW.
2. SCOPE OF SECTION. (A) THIS SECTION SHALL APPLY TO MULTIPLE-PERSON
AND SINGLE-OWNER ACCOUNTS ESTABLISHED IN NEW YORK STATE FOR PERSONAL
USE.
(B) THIS SECTION SHALL 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 AUTHORIZED SIGNER DESIGNATIONS 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, AND WITH OR WITHOUT
ONE OR MORE AUTHORIZED SIGNER DESIGNATIONS.
4. ADMINISTRATION OF ACCOUNT SIGNATURE CARD. (A) THE ACCOUNT SIGNATURE
CARD SHALL ESTABLISH THE TYPE OF ACCOUNT PROVIDED, AND SUCH ACCOUNTS
SHALL BE GOVERNED BY THE PROVISIONS OF THIS SECTION APPLICABLE TO SUCH
ACCOUNT TYPE.
(B) THE ACCOUNT SIGNATURE CARD SHALL BE ADMINISTERED BY THE BANK UPON
THE ESTABLISHMENT OF AN ACCOUNT AND THEREAFTER IF THE ACCOUNT OWNER OR
OWNERS CHANGE THE TERMS OF SUCH ACCOUNT.
(C) 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, AND AUTHORIZED SIGNERS DESIGNATIONS USING THE
ACCOUNT SIGNATURE CARD.
(D) THE ACCOUNT SIGNATURE CARD SHALL BE SIGNED AND ACKNOWLEDGED BEFORE
A NOTARY PUBLIC UNLESS ADMINISTERED BY A BANK OR FILED ELECTRONICALLY
PURSUANT TO SECTION ONE HUNDRED THIRTY-FIVE-C OF THE EXECUTIVE LAW AND
ARTICLE THREE OF THE STATE TECHNOLOGY LAW AND SHALL COMPLY WITH OTHER
STATE LAWS AND REGULATIONS.
(E) EACH BANK SUBJECT TO THIS SECTION SHALL MAINTAIN THE ACCOUNT
SIGNATURE CARD FOR EACH ACCOUNT AS LONG AS SUCH ACCOUNT REMAINS OPEN AND
FOR A PERIOD OF NO LESS THAN SIX YEARS AFTER IT IS CLOSED.
5. DESIGNATION OF AUTHORIZED SIGNER. (A) THE ACCOUNT OWNER OR OWNERS
MAY USE THE ACCOUNT SIGNATURE CARD TO DESIGNATE A PERSON OR PERSONS
OTHER THAN AN ACCOUNT OWNER AS AN AUTHORIZED SIGNER.
(B) IN A MULTIPLE-OWNER ACCOUNT, ALL ACCOUNT OWNERS MUST CONSENT TO
ANY AUTHORIZED SIGNER DESIGNATION IN WRITING USING THE ACCOUNT SIGNATURE
CARD.
S. 9383--A 5
(C) UNLESS THE TERMS OF AN AUTHORIZED SIGNER DESIGNATION PROVIDE THAT
THE AUTHORITY OF AN AUTHORIZED SIGNER TERMINATES ON DISABILITY OR INCA-
PACITY OF AN ACCOUNT OWNER, SUCH AUTHORIZED SIGNER'S AUTHORITY SHALL
SURVIVE DISABILITY AND INCAPACITY.
(D) DEATH OF THE SOLE ACCOUNT OWNER OR LAST SURVIVING ACCOUNT OWNER
SHALL TERMINATE THE AUTHORITY OF AN AUTHORIZED SIGNER.
(E) THE AUTHORITY OF A PERSON DESIGNATED AS AN ATTORNEY-IN-FACT FOR AN
ACCOUNT OWNER UNDER A POWER OF ATTORNEY SHALL TAKE PRECEDENCE OVER AND
SUPERCEDE 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) 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 ACCOUNT SIGNATURE CARD, OR THERE IS CLEAR
AND CONVINCING EVIDENCE OF A DIFFERENT INTENT, UPON THE DEATH OF AN
ACCOUNT OWNER, SUMS ON DEPOSIT IN A MULTIPLE-OWNER ACCOUNT SHALL BE
DISPOSED OF AS PART OF 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 ACCOUNT
SIGNATURE CARD, UNLESS THERE IS CLEAR AND CONVINCING EVIDENCE OF A
DIFFERENT INTENT, THE AMOUNT TO WHICH THE DECEDENT, IMMEDIATELY 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, IMMEDIATELY BEFORE
THE DECEDENT'S DEATH, WAS BENEFICIALLY ENTITLED TO PURSUANT TO SUCH
SUBDIVISION, AND THE RIGHT OF SURVIVORSHIP CONTINUES BETWEEN THE SURVIV-
ING ACCOUNT OWNERS.
(E) SUMS ON DEPOSIT IN A SINGLE-OWNER ACCOUNT OR A MULTIPLE-OWNER
ACCOUNT THAT, BY THE TERMS OF THE ACCOUNT, IS WITHOUT RIGHT OF SURVIVOR-
SHIP, ARE NOT AFFECTED BY THE DEATH OF AN ACCOUNT OWNER, BUT THE AMOUNT
TO WHICH THE DECEDENT, IMMEDIATELY BEFORE DEATH, WAS BENEFICIALLY ENTI-
TLED, PURSUANT TO SUBDIVISION SIX OF THIS SECTION, IS TRANSFERRED AS
PART OF THE DECEDENT'S ESTATE.
(F) THE OWNERSHIP RIGHTS OF A SURVIVING ACCOUNT OWNER, 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 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 SIGNATURE CARD FOR SUCH ACCOUNT
AND SUBMITTING IT TO THE BANK. TO BE EFFECTIVE, ALL ACCOUNT OWNERS MUST
CONSENT TO THE ALTERATION IN WRITING USING THE ACCOUNT SIGNATURE CARD,
S. 9383--A 6
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 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 OF AN ACCOUNT OWNER WHO IS DECEASED,
OR IF THERE IS NONE, PURSUANT TO THE PROVISIONS OF ARTICLE THIRTEEN OF
THE SURROGATE'S COURT PROCEDURE ACT TO THE EXTENT APPLICABLE, PROVIDED
THAT IN EITHER CASE PROOF OF DEATH IS PRESENTED TO THE BANK SHOWING THAT
SUCH DECEASED ACCOUNT OWNER WAS THE SURVIVOR OF ALL OTHER ACCOUNT OWNERS
NAMED ON THE ACCOUNT, UNLESS THE ACCOUNT IS WITHOUT RIGHT OF SURVIVOR-
SHIP PURSUANT TO SUBDIVISION SEVEN OF THIS SECTION.
10. (A) 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.
(B) NOTHING CONTAINED HEREIN SHALL BE CONSTRUED TO CONFLICT WITH
FEDERAL OR STATE LAWS OR REGULATIONS REQUIRING BANKS TO REPORT FRAUDU-
LENT OR SUSPICIOUS ACTIVITY, OR RELEASE BANKS FROM LIABILITY FOR THE
FAILURE TO COMPLY WITH SUCH STATE OR FEDERAL LAWS AND REGULATIONS.
11. DISCHARGE OF BANK FROM LIABILITY. (A) PAYMENT MADE PURSUANT TO
THIS SECTION IN ACCORDANCE WITH THE TERMS OF THE ACCOUNT AND COMPLYING
WITH THE ACCOUNT SIGNATURE CARD DISCHARGES THE BANK FROM ALL CLAIMS FOR
AMOUNTS SO PAID, WHETHER OR NOT THE PAYMENT IS CONSISTENT WITH THE BENE-
FICIAL ACCOUNT OWNERSHIP OF THE ACCOUNT AS BETWEEN ACCOUNT OWNERS OR
THEIR SUCCESSORS. PAYMENT MAY BE MADE WHETHER OR NOT AN ACCOUNT OWNER
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, DISTRIBUTEE, OR TESTAMEN-
TARY BENEFICIARY 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.
S. 9383--A 7
(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 BETWEEN ACCOUNT OWNERS APPLY ONLY TO
CONTROVERSIES 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.
12. EXISTING ACCOUNTS. (A) EACH BANK SHALL, FOR EACH MULTIPLE-PERSON
ACCOUNT ESTABLISHED BEFORE THE EFFECTIVE DATE OF THIS SECTION, PROVIDE
NOTICE TO THE ACCOUNT OWNERS OF SUCH ACCOUNTS OF THE REQUIREMENT TO
SUBMIT AN ACCOUNT SIGNATURE CARD. EACH BANK SHALL PROVIDE SUCH NOTICE
WITHIN SIX MONTHS OF THE EFFECTIVE DATE OF THIS SECTION, AND SUCH NOTICE
SHALL INCLUDE THE ACCOUNT SIGNATURE CARD.
(B) SUCH NOTICE MAY BE EXECUTED BY MAIL OR, IF AUTHORIZED BY THE
ACCOUNT OWNER OR OWNERS, ELECTRONICALLY, AND MAY BE COMBINED WITH OTHER
NOTICES OR MAILINGS. IF THE BANK HAS NOT RECEIVED AN ACCOUNT SIGNATURE
CARD FROM AN ACCOUNT OWNER WITHIN SIX MONTHS OF PROVIDING THE FIRST
NOTICE PURSUANT TO THIS SECTION, THE BANK SHALL PROVIDE A SECOND NOTICE.
(C) ACCOUNTS ESTABLISHED IN NEW YORK STATE FOR PERSONAL USE PRIOR TO
JULY FIRST, TWO THOUSAND TWENTY-FIVE, FOR WHICH AN ACCOUNT SIGNATURE
CARD HAS NOT BEEN PROPERLY RECEIVED PURSUANT TO THIS SECTION, SHALL BE
GOVERNED BY SECTION SIX HUNDRED SEVENTY-FIVE OF THIS ARTICLE UNTIL SUCH
TIME AN ACCOUNT SIGNATURE CARD IS PROPERLY RECEIVED FOR SUCH ACCOUNT
PURSUANT TO THIS SECTION.
13. 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.
14. SEVERABILITY CLAUSE. IF ANY PROVISION OF THIS SECTION OR ITS
APPLICATION TO ANY PERSON OR CIRCUMSTANCE IS HELD INVALID, THE INVALIDI-
TY DOES NOT AFFECT OTHER PROVISIONS OR APPLICATION OF THIS SECTION WHICH
CAN BE GIVEN EFFECT WITHOUT THE INVALID PROVISION OR APPLICATION, AND
TO THIS END THE PROVISIONS OF THIS SECTION 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.
S. 9383--A 8
§ 4. This act shall take effect July 1, 2025. Effective immediately,
the addition, amendment and/or repeal of any rule or regulation neces-
sary for the implementation of this act on its effective date are
authorized to be made and completed on or before such effective date.