Funds Availability Disclosure

Your Ability to Withdraw Funds

Our policy is to make funds from your deposits available to you on the first business day after the day we receive your deposit. Electronic direct deposits will be available on the day we receive the deposit. At that time, you can withdraw the funds in cash and we will use the funds to pay checks that you have written.

For determining the availability of your deposits, every day is a business day, except Saturdays, Sundays and Federal Holidays. If you make a deposit at a bank before closing on a business day that we are open, we will consider that day to be the day of your deposit.

Longer Delays May Apply

In some cases, we will not make all the funds that you deposit by check available to you on the first business day after the day of your deposit. Depending on the type of check that you deposit, funds may not be available until the second business day after the day of your deposit. However, the first $225 of your deposit will be available on the first business day.

If we are not going to make all of the funds from your deposit available on the first business day, we will notify you at the time you make your deposit. We will also tell you when the funds will be available. If your deposit is not made directly to one of our employees, or if we decide to take this action after you have left the premises, we will mail you the notice by the day after we receive your deposit. If you will need the funds from a deposit right away, you should ask us when the funds will be available.

In addition, funds you deposit by check may be delayed for a longer period under the following circumstances:

  • We believe a check you deposit will not be paid.
  • You deposit checks totaling more than $5,525 on any one day.
  • You redeposit a check that has been returned unpaid.
  • You have overdrawn your account repeatedly in the last six months.
  • There is an emergency, such as failure of communications or computer equipment.
  • New account.

We will notify you if we delay your ability to withdraw funds for any of these reasons, and we will tell you when the funds will be available. They will generally be available no later than the seventh business day after the day of your deposit.

Information Concerning Our Electronic Banking Services

Here are some important things you should know about Bank of Denver's Electronic Fund Transfer (EFT) services.

Preauthorized Automatic Transfers
Bank of Denver offers other electronic fund transfer services which are preauthorized automatic transfers to or from your accounts with us.

Preauthorized EFT credits are regular automatic transfers to your account from a third party, such as your employer (payroll deposit) or the government (Social Security direct deposit). If you have arranged with us to receive a preauthorized EFT credit, you can call us 303-572-3600, to find out whether the deposit has been made. Preauthorized EFT debits are regular automatic transfers from you account to a third party, such as your mortgage company or insurance carrier. If you have arranged any preauthorized EFT debits with us, you have the right to stop any of these payments.

Here's how to stop payments:

  • Call us or write us in time for us to receive your request 3 business days before the scheduled transfer from your account. If you call, we may also require you to put your request in writing and get it to us within 14 days. We will charge you $35.00 for each stop payment you order.
  • If you order us to stop a preauthorized EFT debit 3 business days or more before the scheduled transfer and we do not stop it, we will be liable for your losses or damages to the extent required by law. If your preauthorized EFT debit varies in amount, the third party you are going to pay will tell you, 10 days before the payment, when it well be made and how much it will be.

In Case of Errors or Questions About Our Electronic Transfers
Call 303-572-3600 or write Bank of Denver, P.O. Box 5081, Denver, CO 80217, as soon as you can if you think your statement or receipt is in error, or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than 60 days after we send the first statement on which the problem or error appeared:

  1. Tell us your name and account number (if any).
  2. Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
  3. Tell us the dollar amount of the suspected error. If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days. See agreement and disclosures for online banking.

We will determine whether an error occurred within 10 business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your account. For errors involving new accounts, point-of-sale or foreign initiated transactions, we may take up to 90 days to investigate your complaint or question. For new accounts, we may take up to 20 business days to credit your account for the amount you think is in error. We will tell you the results within 3 business days after completing our investigation. If we decide that there was no error, we will send you a written explanation.

You may ask for copies of the documents that we used in our investigation.

General Information about EFT Services

  • You will not be held liable for any unauthorized electronic funds transfers involving your accounts.
  • Business day disclosure: Our business days are Monday through Friday. Holidays are not included.
  • There are no service charges at this time, for electronic fund transfers or for the right to make transfers, other than the normal charges associated with your account.
  • All of your electronic fund transfers will be described in account statements. Checking statements are sent monthly. Savings statements are sent monthly when electronic funds transfers have occurred, otherwise quarterly.

We will disclose information to third parties about your account or the transfers you make:

  • Where it is necessary for completing transfers.
  • In order to verify the existence and condition of your account for a third party, such as merchant or credit bureau.
  • In order to comply with government agency or court orders.
  • If you give us your written permission.

If we do not complete a transfer to or from your account on time or in the correct amount, we will be liable for your losses or damages to the extent required by law. But there are some exceptions.

We will not be liable for instance:

  • If, through no fault of ours, you do not have enough money in your account to make the transfer.
  • If the transfer would go over the credit limit of your overdraft line, or Bounce Protectionsm.
  • If circumstance beyond our control (such as fire, flood or electrical power failure) prevent the transfer despite reasonable precautions that we have taken.

Regulation GG

The Department of the Treasury and the Federal Reserve Board have issued a joint final rule, Regulation GG, to implement the UIGEA. Mandatory compliance is effective December 1, 2009.

As defined in Regulation GG, unlawful Internet gambling means to place, receive, or otherwise knowingly transmit a bet or wager by any means which involves the use, at least in part, of the Internet where such bet or wager is unlawful under any applicable Federal or State law in the State or Tribal lands in which the bet or wager is initiated, received, or otherwise made. Commercial customer means a person that is not a consumer and that contracts with a non-exempt participant in a designated payment system to receive, or otherwise accesses, payment transaction services through that non-exempt participant.

Restricted transaction means any of the following transactions or transmittals involving any credit, funds, instrument, or proceeds that the Act prohibits any person engaged in the business of betting or wagering (which does not include the activities of a financial transaction provider, or any interactive computer service or telecommunications service) from knowingly accepting, in connection with the participation of another person in unlawful Internet gambling —

  1. Credit, or the proceeds of credit, extended to or on behalf of such other person (including credit extended through the use of a credit card);
  2. An electronic fund transfer, or funds transmitted by or through a money transmitting business, or the proceeds of an electronic fund transfer or money transmitting service, from or on behalf of such other person; or
  3. Any check, draft, or similar instrument that is drawn by or on behalf of such other person and is drawn on or payable at or through any financial institution.

As a customer of Bank of Denver, these restricted transactions are prohibited from being processed through your account or banking relationship with us. If you do engage in an Internet gambling business and open a new account with us, you will be required to provide evidence of your legal capacity to do so.