(a) Delivery of account disclosures. (1) Account opening. (i) General. A
depository institution shall provide
account disclosures to a consumer
before an account is opened or a service
is provided, whichever is earlier. An
institution is deemed to have provided
a service when a fee required to be
disclosed is assessed. Except as
provided in paragraph (a)(1)(ii) of this
section, if the consumer is not present
at the institution when the account is
opened or the service is provided and
has not already received the disclosures,
the institution shall mail or deliver the
disclosures no later than 10 business
days after the account is opened or the
service is provided, whichever is earlier.
(ii) Timing of electronic disclosures. If
a consumer who is not present at the
institution uses electronic means (for
example, an Internet Web site) to open
an account or request a service, the
disclosures required under paragraph
(a)(1) of this section must be provided
before the account is opened or the
service is provided.
(2) Requests. (i) A depository institution shall provide account disclosures to a consumer upon request. If a consumer who is not present at the
institution makes a request, the
institution shall mail or deliver the
disclosures within a reasonable time
after it receives the request and may
provide the disclosures in paper form,
or electronically if the consumer agrees.
(ii) In providing disclosures upon request, the institution may:
(A) Specify an interest rate and annual percentage yield that were
offered within the most recent seven calendar days; state that the rate and yield are accurate as of an identified date; and provide a telephone number consumers may call to obtain current rate information.
(B) State the maturity of a time account as a term rather than a
date.
(b) Content of account disclosures. Account disclosures shall
include the following, as applicable:
(1) Rate information--(i) Annual percentage yield and interest rate. The ``annual percentage yield'' and the ``interest rate,'' using those terms, and for fixed-rate accounts the period of time the interest rate will be in effect.
(ii) Variable rates. For variable-rate accounts:
(A) The fact that the interest rate and annual percentage yield may change;
(B) How the interest rate is determined;
(C) The frequency with which the interest rate may change; and
(D) Any limitation on the amount the interest rate may change.
(2) Compounding and crediting--(i) Frequency. The frequency with which interest is compounded and credited.
(ii) Effect of closing an account. If consumers will forfeit interest if they close the account before accrued interest is credited, a statement that interest will not be paid in such cases.
(3) Balance information--(i) Minimum balance requirements. Any
minimum balance required to:
(A) Open the account;
(B) Avoid the imposition of a fee; or
(C) Obtain the annual percentage yield disclosed.
Except for the balance to open the account, the disclosure shall state how the balance is determined for these purposes.
(ii) Balance computation method. An explanation of the balance computation method specified in Sec. 230.7 of this part used to calculate interest on the account.
(iii) When interest begins to accrue. A statement of when interest begins to accrue on noncash deposits.
(4) Fees. The amount of any fee that may be imposed in connection
with the account (or an explanation of how the fee will be determined) and the conditions under which the fee may be imposed.
(5) Transaction limitations. Any limitations on the number or dollar amount of withdrawals or deposits.
(6) Features of time accounts. For time accounts:
(i) Time requirements. The maturity date.
(ii) Early withdrawal penalties. A statement that a penalty will or may be imposed for early withdrawal, how it is calculated, and the conditions for its assessment.
(iii) Withdrawal of interest prior to maturity. If compounding occurs during the term and interest may be withdrawn prior to maturity, a statement that the annual percentage yield assumes interest remains on deposit until maturity and that a withdrawal will reduce earnings. For accounts with a stated maturity greater than one year that do not compound interest on an annual or more frequent basis, that require interest payouts at least annually, and that disclose an APY determined in accordance with section E of Appendix A of this part, a statement that interest cannot remain on deposit and that payout of interest is mandatory.
(iv) Renewal policies. A statement of whether or not the account
will renew automatically at maturity. If it will, a statement of whether or not a grace period will be provided and, if so, the length of that period must be stated. If the account will not renew automatically, a statement of whether interest will be paid after maturity if the consumer does not renew the account must be stated.
(7) Bonuses. The amount or type of any bonus, when the bonus will be provided, and any minimum balance and time requirements to obtain the bonus.
(c) Notice to existing account holders--(1) Notice of availability
of disclosures. Depository institutions shall provide a notice to consumers who receive periodic statements and who hold existing accounts of the type offered by the institution on June 21, 1993. The notice shall be included on or with the first periodic statement sent on or after June 21, 1993 (or on or with the first periodic statement for a statement cycle beginning on or after that date). The notice shall state that consumers may request account disclosures containing terms, fees, and rate information for their account. In responding to such a request, institutions shall provide disclosures in accordance
with paragraph (a)(2) of this section.
(2) Alternative to notice. As an alternative to the notice described in paragraph (c)(1) of this section, institutions may provide account disclosures to consumers. The disclosures may be provided either with a periodic statement or separately, but must be sent no later than when the periodic statement described in paragraph (c)(1) is sent.
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