This document provides important information about the terms applicable to your Certificate of Deposit account. Please be sure to read it carefully and retain it for future reference. When you see the words "you" and "your," they mean each person or entity who owns an account either individually, jointly, or on behalf of another person. The words "our," "us," "we," "Capital One," and "bank" mean Capital One, N.A. Our "Business Days" are Monday through Friday, excluding holidays and any other day we are not open.
Please understand that when you submit an application, open an account, or use our services, you agree to be bound by these terms.
Details about the Certificate of Deposit: Our Certificate of Deposit is a “non-certificate” time deposit. It’s opened for a specific amount of time at a fixed rate of interest. When you open a Certificate of Deposit, you agree to keep your funds on deposit for a stated amount of time.
Initial Deposit Requirement: There is no minimum deposit required to open or maintain a Certificate of Deposit account. However, your Certificate of Deposit account may not exceed $1,000,000.
Interest Rates and Annual Percentage Yields (APY): Effective as of 5/19/2022
Rate Information and Interest: The above stated interest rate and APY will remain fixed until the maturity date. The APY assumes that interest will remain on deposit until maturity. Any withdrawal will reduce earnings. Your maturity notice includes instructions on how to learn about current rates closer to your maturity date for renewal purposes.
Rate Lock Guarantee: When you fund your CD by linking it to a new external account, that funding process may take a few days because you will need to confirm ownership of your external account. Your account won’t be considered opened until you have confirmed ownership of the external account and we receive your deposit. If you fund your CD within 10 calendar days of your application date, we will apply the highest interest rate we offer for your term if the rate goes up during that time.
Compounding and Crediting: Interest on your account will be compounded and credited on a monthly basis.
Withdrawals: We will not permit partial withdrawals of principal during the term of the account. Withdrawal of the full account balance is permitted at maturity and during the grace period.
Payment of Interest: Your interest payments may vary, by no more than 12%, depending on the number of days in the month in which the interest is calculated. We will not provide advance notice of these varying amounts. You may choose to receive interest payments: a) by transfer to another Capital One account, b) by transfer to an external linked account, or c) by crediting the interest to the certificate of deposit account. If the interest disbursement transfer to another Capital One or to an external linked account fails, then the interest will remain on the CD account. If the CD account is closed, the interest will be included in the closeout balance.
You have 20 calendar days from account opening and from the day of maturity to choose your interest disbursement option. If no action is taken, interest will be credited to the certificate of deposit account.
Balance Computation Method: We use the daily balance method to calculate the interest on your account. This method applies a daily periodic rate to the principal in the account each day.
Accrual of Interest on Deposits: For all types of non-cash deposits, interest will begin to accrue no later than the next business day following the banking day on which the funds were deposited. For cash deposits, interest will begin to accrue the same day on which the funds were deposited. (Here's an example - if you make a deposit on a Sunday, we will process it on Monday, and interest will begin to accrue no later than Tuesday.)
Deposits: We may limit, refuse or return all or any part of a deposit without prior notice to you. Additional deposits (other than credited interest) are not permitted during the term of the account.
Early Withdrawal Penalty: If you redeem a Certificate of Deposit (CD) prior to maturity, you will incur an early withdrawal penalty.
Depending on how early you redeem your CD, the penalty for early redemption may be greater than the interest you have earned on your account.
Renewal Policy: The account will automatically renew at maturity for a time period equal to the original term. The interest rate for each renewal term will be the rate currently offered on the maturity date.
Grace Period: You may redeem your Certificate of Deposit within ten (10) calendar days after the maturity date without penalty.
The Basics: Here's a quick overview of how your account works. You can open an account in your name alone or in your name and the name of one other person. You "link" your Capital One account to a personal (non-business) checking or savings account at another U.S. chartered bank ("Linked Account") to fund your CD account. Or you can transfer money from an eligible Capital One checking or savings account to fund your CD. It's that simple!
Now that you have the basics, here are the detailed terms that govern your Capital One account ("Terms"). Please understand that when you submit an application, open an account or use our services, you agree to be bound by these Terms. When you see the words "you" and "your," they mean each person who owns an account or each trustee who is legally entitled to manage an account. "Our," "us," and "we" mean Capital One, N.A.
Who Can Open an Account: You must be a United States citizen or lawful permanent resident with a U.S. physical address or with military addresses (APO or FPO) and valid Social Security Number to open an account. Individual Taxpayer Identification Numbers (ITINs) are acceptable for account opening in Branches and Capital One Cafés and your Linked Account must be with a bank chartered in the U.S.
How to Open an Account: You must electronically transfer money from your Linked Account. Your 360 CD account won’t be considered “opened” until it’s funded and you complete our verification procedures.
Obtaining Credit Reports: We may request a consumer (credit) report in connection with your account(s). Upon your request, you will be informed whether or not a consumer (credit) report was requested, and if such report was requested, informed of the name and address of the consumer (credit) reporting agency that furnished the report. We may also request subsequent consumer (credit) reports for all legitimate purposes in connection with updating, renewing, reviewing, modifying, and/or taking collection action on your account(s).
Reporting information to consumer reporting agencies and check verifications systems: We may report information about your account to consumer reporting agencies and/or check verification systems. Defaults on your account may be reflected in your consumer report. This could affect your ability to open accounts in the future. In the event we report your account to a check verification system, you acknowledge that even if you pay us all amounts owed, we are not required to remove an accurate report of account mishandling from any such check verification system.
If one joint owner requests that we not pay items authorized by a different joint owner, we may restrict the account and refuse to pay all items (including items authorized by the owner making the request), but we are not required to do so. If we restrict the account, we may not release the restriction unless all joint owners agree in writing to remove it. No request to restrict the account will affect items that we paid before the request. If we decide not to restrict the account, all joint owners remain responsible for items subtracted from the account.
We may also pay all or any part of the funds in the account to a court or government agency if we receive a garnishment, levy or similar legal process that identifies any of the joint owners.
During your life, the funds in the account belong to you and, until your death, or if there are co-owners, upon the death of the last co-owner, the beneficiary(ies) have no interest in the account and cannot perform transactions on the account. You may withdraw all or part of the account balance, close the account, remove or add POD beneficiaries or change the account type or ownership. Upon the death of all owners, we will distribute the then remaining funds to such of the beneficiaries as shall be then-living, in equal shares, subject to our right to charge the account for any amount a deceased owner, co-owner or POD beneficiary owes us; if any beneficiary is under the age of 18 years at the time he would be entitled to receive property under the terms of the previous provision, we will pay such person’s share to any person who is the statutory or court-appointed custodian for the benefit of such person.
Connecting Accounts: If you have more than one eligible Capital One account, we will automatically "connect" your eligible accounts so they appear when you're logged into your account through the website or mobile app.
We will display only summary information about your "connected" accounts. To get any other information or conduct any activity on these account types, you must access the specific account servicing area for that account. All connected bank accounts will be visible when you log into your account through the website or mobile app. Keep in mind that certain features, information, types of transactions or other services may not be available for all of your connected accounts. As long as you maintain your unique log in credentials, you will have access to view all of your individual accounts and shared accounts and people with whom you share accounts will only be able to view accounts that are shared with you, not your individual accounts.
Things You Tell Us to Do: We may refuse to follow any of your instructions that in our sole judgment are illegal or would expose us to potential liability. Alternatively, we may require adequate security or invoke other security measures to protect us from all losses and expenses incurred if we follow your instructions. You agree to reimburse us for any damages, losses, liabilities and expenses (including, but not limited to, the reasonable costs of an attorney) that we incur in connection with your 360 CD account if we take an action in accordance with your or what purports to be your oral, written or electronic instructions.
If Your Address Changes: You must notify us of any change of address by calling us, or using our secure website. Any notice we mail to you (or email to you if you've told us to communicate with you electronically) will be binding and sent to the last (postal or electronic) address in our records. We may change your address if we receive an address change notice from the U.S. Postal Service ("USPS") or if a company in the business of providing correct addresses informs us that the address in our records no longer matches your address. Even if you elected to receive electronic communications from us, there may still be some legal information that we need to send you via the USPS.
Communication: You agree that we may communicate with you by mail, telephone, email, fax, prerecorded message, automated voice, text message or other means allowed by law regarding your Account. You agree that we may contact you at any telephone number (including a mobile telephone number that you provide us), and use an automated telephone dialing system or similar device to do so. You agree that we may monitor or record any conversation or other communication with you.
While we may be able to provide some customer assistance in languages other than English, we cannot guarantee that customer service will always be available in languages other than English. As a courtesy, we may translate some of our forms, letters and disclosures, including this agreement, into another language. However, many important bank documents, and some products and services related to this account, are provided only in English.
Closing an Account: You can close your account at any time, for any reason. We can close your account at any time, for any reason and without advance notice.
State laws (called “escheat” or unclaimed property laws) require us to close all your deposit accounts and transfer your money to the state if your accounts are dormant for a period of time as defined by your state of residence. Your account can become dormant if, for 24 months, there is no transactional activity. Your account will remain dormant until funds are transferred to or from the dormant account. If all of your accounts become dormant, you may no longer receive paper statements, but you can still view your accounts online.
State abandoned property law establishes guidelines under which unclaimed property must be surrendered to the applicable state. Generally, the funds in your account are considered unclaimed if you have not had any activity or communication with us regarding your account over a period of years, defined by your state of residence. All products are subject to abandoned property laws, including IRAs and CDs. If your funds are surrendered to the state, you may be able to reclaim them, but your claim may need to be presented to the state. We want you to keep your money, not the state! You can avoid the transfer of your money to the state simply by signing into your account, transacting periodically, contacting us, or replying to any abandoned property correspondence.
Assignment: No part of an account may be pledged, assigned, given as a gift, or otherwise transferred to a third party without our prior written consent.
Items Sent Via Mail: Please note that we do not accept mailed-in deposits, and we are not responsible for any items sent to us via mail.
Lien and Set-Off: Unless your account is an IRA Account, by opening an account, you grant us a security interest (in other words, a "Lien") in your deposit accounts with us. That means that at any time and without notice to you, we can use all or any part of the money from your individual or joint accounts to pay any amounts you owe us or any of our affiliates from time to time. (This is what's known as a "Set-Off"). Any Set-Off shall be a lawful and valid payment by you of amounts you owe us.
Change to/Waiver of Terms: We can add to, delete or make any other changes we want to these Terms at any time. You will be bound by the Changes as soon as we implement them. We will provide advance notice of the change if the law requires us to do so. However, if applicable law requires us to make a Change, you may not receive any prior notice. We can cancel, change or add products, accounts or services whenever we want. We can waive any of our rights under these Terms whenever we want, but this doesn't mean that we'll waive the same rights in the future.
No Fiduciary Obligation: Capital One doesn't assume any fiduciary obligation on your behalf. This means that we don't act as your trustee or financial advisor, and we don't assume any responsibility for your account beyond reasonable care.
Governing Law and Regulations: Your accounts are subject to both federal law and the laws of the state of Virginia, as well as any operating circulars or clearing house rules that apply to us and the rules and regulations of our supervisory authorities (collectively, "Applicable Laws"). If there's a conflict between these Terms and Applicable Laws, these Terms will be changed to the extent necessary to comply with Applicable Law. If any provision of these Terms is determined by a Court or administrative agency having proper jurisdiction to be invalid, unenforceable, or illegal, that determination will not affect the validity and enforceability of the remaining provisions of these Terms.
Levies, Attachments, and Other Court Processes: If we receive a levy, attachment, or other Court process against you or another owner of the account, we may refuse to permit withdrawals or transfers from your account until the legal action is dismissed or satisfied. Any levy, attachment, or other Court process will be subject to our rights of Lien and Set-Off (remember, we talked about these things earlier). You are responsible for any losses, costs, or expenses we incur as a result of any dispute or legal proceeding involving your account.
Claims Against Your Account: If we receive a claim against funds in your account, or if we know of or believe that there's a dispute over the ownership or control of funds in your account, we may, if we choose to, place a hold on your account. We can also refuse to pay out any of your funds until we're satisfied that the dispute is settled. We may also close the account and send the balance to the account holder(s) we have on record, decide to rely on our current account records, require a Court Order to act, or take any other action that we feel will protect us. We won't be liable to you for taking any such action.
Death, Incapacity or Termination: If you die or are declared legally incompetent, or, in the case of a living trust account, the living trust is terminated, we can continue to accept and process deposits to your account until we know about the death/incompetency/termination and have a reasonable chance to act.
Notices to You or Us: We shall deem any and all notices to us effective upon receipt by us. Any notice that we give to you will be effective when mailed or electronically transmitted to you at the mailing/email address reflected in our records. Even though we may have provided you account opening disclosures in a language other than English, we may continue to provide you with notices/communications in English. Notice to any one owner of an account constitutes notice to all owners of that account.
Jury Trial Waiver: All actions arising out of this agreement or concerning your checking account shall be heard by a judge sitting without a jury.
Events Beyond Our Control: We'll make all reasonable efforts to give you access to your accounts and accurate information. However, you agree that we're not responsible for any interruption in service or loss caused by things that are beyond our control, such as natural disasters, wars, riots, strikes, computer failures, or losses of power, communications or transportation facilities. We won't be responsible for any direct losses or damages resulting from use of the account, unless we were negligent or acted in bad faith. We're never responsible for any indirect, special or consequential losses or damages.
The purpose of this disclosure statement is to inform you of your rights under the Electronic Fund Transfer Act. The electronic fund transfers (EFT) we are capable of handling are indicated below. Additional services may be provided in the future as they are developed. Please read this disclosure statement carefully and keep it for future reference. In this disclosure statement, the words "you" or "your" refer to the depositor and any authorized user(s) of the account. The words "we," "us," "our," "bank," and "Capital One" refer to Capital One, N.A.
We can extend these time periods if extenuating circumstances (such as a long trip or hospital stay) kept you from notifying us.
You must provide us with the following information:
If you tell us orally, we may require that you send us your complaint or question in writing within ten (10) business days to the above address. We will tell you the results of our investigation within ten (10) business days after we hear from you and will correct any error promptly. If we need more time, we may take up to forty-five (45) days, or ninety (90) days for foreign-initiated transactions, or new accounts to investigate your complaint or question. If we decide to do this, we will credit your account within ten (10) business days for the amount you think is in error, so that you will have use of the money during the time it takes us to complete our investigation. If we require your written confirmation and we do not receive your complaint or question in writing within ten (10) business days, we may not credit your account. For new accounts, we may take up to 20 business days to credit your account for the amount you think is in error.
If we decide that there is no error, we will send you a written explanation within three (3) business days after we finish our investigation. We may provide you with the results of our investigation electronically if you have agreed to receive electronic communications from us. You may ask for copies of the documents we use in our investigation. If we credit your account with funds while investigating an error, you must repay those funds to us if we conclude that no error has occurred.
In any case, we shall only be liable for actual proven damages if the failure to make the transaction resulted from a bona fide error despite our procedures to avoid such errors.