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Account Opening Agreement Template for United States

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Key Requirements PROMPT example:

Account Opening Agreement

"I need an Account Opening Agreement for our new digital-only bank launching in March 2025, with emphasis on electronic banking services and mobile app functionality, compliant with US federal banking regulations and California state law."

Document background
The Account Opening Agreement serves as the foundational document for establishing banking relationships in the United States. This agreement is essential for compliance with federal and state banking regulations, including KYC requirements, anti-money laundering provisions, and consumer protection laws. It typically details account operations, fee structures, electronic banking services, and dispute resolution procedures. Financial institutions use this agreement to protect their interests while ensuring transparency with customers and maintaining regulatory compliance with bodies such as the FDIC, OCC, and CFPB.
Suggested Sections

1. Parties: Identifies the financial institution and account holder(s)

2. Background: Establishes the context and purpose of the account relationship

3. Definitions: Defines key terms used throughout the agreement

4. Account Operations: Details how the account will be operated, including deposits and withdrawals

5. Fees and Charges: Outlines all applicable fees, charges, and how they'll be assessed

6. Customer Obligations: Specifies customer responsibilities and requirements

7. Bank's Rights and Responsibilities: Details the bank's obligations and rights regarding the account

8. Termination: Conditions and procedures for account closure

Optional Sections

1. Electronic Banking Services: Terms for online and mobile banking services - include when offering digital banking services

2. Joint Account Provisions: Special terms for joint account holders - include when account has multiple holders

3. Foreign Currency Transactions: Terms for handling foreign currency - include when offering international banking services

Suggested Schedules

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

2. Privacy Notice: Detailed privacy policy and information handling procedures

3. Electronic Banking Terms: Specific terms and conditions for electronic banking services

4. Funds Availability Policy: Details about when deposited funds become available

5. Interest Rate Schedule: Current interest rates and APY information for interest-bearing accounts

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Clauses




















Relevant Industries

Banking

Credit Unions

Financial Services

Digital Banking

Relevant Teams

Legal Department

Compliance Team

Customer Service

Operations Team

Risk Management

Front Office/Branch Staff

Relevant Roles

Compliance Officer

Branch Manager

Account Manager

Legal Counsel

Risk Manager

Industries

Bank Secrecy Act (BSA): Federal law requiring financial institutions to assist government agencies in detecting and preventing money laundering, including requirements for reporting cash transactions over $10,000

USA PATRIOT Act: Federal law that establishes customer identification program requirements and enhanced due diligence procedures for financial institutions

Electronic Funds Transfer Act (EFTA): Federal law that provides a basic framework establishing the rights, liabilities, and responsibilities of participants in electronic funds transfer systems

Truth in Savings Act (TISA): Federal law requiring depository institutions to disclose terms and conditions of interest rates and fees associated with deposit accounts

Regulation E: Federal regulation implementing the Electronic Fund Transfer Act, establishing rules for electronic banking services

Regulation CC: Federal regulation implementing the Expedited Funds Availability Act, establishing rules for funds availability and collection of checks

Regulation DD: Federal regulation implementing the Truth in Savings Act, requiring uniform disclosure of terms and conditions of deposit accounts

Gramm-Leach-Bliley Act: Federal law requiring financial institutions to explain their information-sharing practices and protect sensitive customer data

Fair Credit Reporting Act (FCRA): Federal law regulating the collection, dissemination, and use of consumer credit information

Equal Credit Opportunity Act (ECOA): Federal law prohibiting discrimination in credit transactions based on various protected characteristics

State Banking Regulations: State-specific laws governing banking operations and consumer protection within individual states

E-SIGN Act: Federal law establishing legal validity of electronic signatures and records in commercial transactions

Uniform Commercial Code (UCC) Article 4: State-adopted uniform law governing bank deposits and collections, including check processing and payment systems

FDIC Requirements: Federal deposit insurance regulations and operational requirements for insured financial institutions

CFPB Regulations: Consumer Financial Protection Bureau rules governing consumer financial products and services

Know Your Customer (KYC): Regulatory requirements for verifying customer identity and assessing risk in banking relationships

Anti-Money Laundering (AML): Regulatory framework designed to prevent conversion of illegal proceeds into legitimate assets through financial institutions

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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