Account Application
Please read the following information before completing this form. You, including the Company and its Authorized Representative, are requesting one or
more Divvy Charge Card accounts issued by Cross River Bank (“Issuer”). DivvyPay, Inc. (“Divvy”) is the program manager for the Divvy Charge Card.
Divvy and Issuer are collectively “we” or “us” as used herein. By signing below, you acknowledge and certify that: 1) all of the information below is
complete and accurate and you authorize us to check with credit reporting agencies, credit references and other sources we deem appropriate in
investigating the information given; 2) you agree that the terms of use of the account and/or card(s) shall be governed by the Divvy Business Charge
Card Agreement (the “Agreement”); 3) the natural person signing below is either a proprietor, general partner or officer of the Company with authority to
enter into the Agreement; 4) if requested, you shall provide financial statements for the last two (2) years; 5) you authorize us to provide Veri-Tax, LLC
with your name, social security number, email address and Company’s Employer Identification Number for purposes of processing and submitting to the
Internal Revenue Service a Form 4506-T to obtain transcripts of (i) your tax returns and/or (ii) Company tax returns, (6) Issuer and Program Manager
may obtain reports about the condition and/or creditworthiness of your business and investigate such matters by making direct inquiries of businesses
where you have accounts and other counterparties with which you interact; if you are a natural person, you also authorize Issuer and Program Manager
to obtain consumer reports about you and to make direct inquiries of where you work and of people who know you, to the extent permitted by law; upon
your request, Issuer and/or and Program Manager will disclose whether a consumer report was requested and the name and address of any consumer
reporting agency that furnished the report; these authorizations are effective throughout the application process and term of the Agreement and do not
terminate until you have paid Issuer all that you owe on your account; and 7) Issuer may report information about our experience with you, in your
individual capacity, to consumer reporting agencies; furthermore, Issuer may report information about our experience with Company to non-consumer
reporting agencies. Late payments, missed payments, or other defaults in connection with this loan may be reflected on your credit report. If you believe
that Issuer has reported inaccurate information to a reporting agency, write to us at the address listed on your statement and Issuer will investigate the
matter. In addition, you understand that the Issuer may require a guarantee, letter of credit, surety bond, or other acceptable form of security in order for
you to receive credit. You also understand that credit on this account, once approved, will be extended by Issuer and there is no binding contract until
the Issuer approves your application for credit.
Program Manager: DivvyPay, Inc.
Issuer: Cross River Bank
Select Service and Billing Terms:
Billing and financial terms are subject to final credit approval. All payments due upon receipt by the payment due date provided on your billing statement which is based on final credit
approval by Issuer (subject to a five (5) day grace period for billing cycles of Weekly or longer).
Billing cycle: Expense Reporting: Interface to Divvy
Payment Method: Debit ACH – enrollment in Auto-Pay program (requires credit approval) Credit ACH – You will initiate payments or pre-pay
funds
Notes: (1) You will remit all funds (in full) due using the remittance method selected above and defined as follows: (a) “Debit ACH” refers to a debit initiated by Issuer or its designee (via
Automated Clearing House or other electronic means) against an account designated by you; (b) “Credit ACH” refers to a credit initiated by you, at your own expense, (via Automated
Clearing House or other electronic means) to an account designated by Issuer. (2) You are required to send or transmit its Issuer Account Number with each payment. (3) Issuer shall
apply all payments beginning with the oldest invoiced amounts through the most recently invoiced amounts. (4) If a payment is returned or rejected, Issuer, at its sole discretion, may
reduce or cancel your available credit limit, assess a return payment fee, and reserves the right to modify the remittance method and frequency.
By signing below, you agree on behalf of the Company and in your individual capacity to be bound by the Divvy Business Charge Card Agreement.
Executive Sponsor/Authorized Representative: ____________________________ Title: Print Name: Phone:
Social Security Number: Date of Birth: Home Address: Date:
Issuer complies with federal law which requires all financial institutions to obtain, verify, and record information that identifies each company or person who opens an account.
What this means for you: when you open an account, we will ask for your name, address, date of birth, and other information that will allow us to identify Company, you as
Authorized Representative, and/or any Authorized Users (as defined in the Divvy Business Charge Card Agreement). We may also ask to see documentation, including
driver’s license(s) or identifying documents for Company.
ACH Authorization Agreement
(Enrollment in Auto-Pay Program)
Company hereby agrees to make payment of such amounts as Company and Authorized Representative may owe from time to time to Cross River Bank
(“Issuer”) pursuant to the Divvy Business Charge Card Agreement (collectively, the “Account Agreement”), as amended from time to time, between
Company, Authorized Representative, and Issuer. Company hereby authorizes Issuer, Program Manager, and their designees to initiate debit or credit
entries to Company’s demand deposit account at Company’s Bank, and further authorizes Company’s depository bank to accept such entries initiated by
Issuer and to debit or credit such entries to Company’s account without responsibility for the correctness of the entries. Issuer may make such debit or credit
entries at any time when amounts are due or payable under the Account Agreement. Company agrees to be bound by the NACHA Operating Rules in effect
when any debit or credit entry is submitted. PLEASE NOTE: COMPANY’S BANK MUST BE A MEMBER OF THE AUTOMATED CLEARINGHOUSE.
Any person signing this agreement on behalf of the Company hereby acknowledges that said person is duly authorized to do so and to bind the business to
this Agreement.
Authorized Representative: ______________________ Title: ______________________
Print Name: _______________________ Date: _______________________
Additional Terms and Conditions
1. Termination: This Agreement shall remain in effect until terminated upon fifteen (15) days’ notice by either Company or Issuer. Notice of
termination shall in no way affect debit or credit entries made prior to actual receipt of notice, and shall not affect Company's obligation to pay any amounts
owed.
2. Effect on Other Agreements: This agreement amends the terms and conditions of the Account Agreement. In the event of a conflict between this
and the underlying Account Agreement, the terms set forth herein shall apply.
3. Indemnification: Company agrees to indemnify and hold Issuer harmless from any claim or claims including without limitation any claims based on
losses due to (i) labor problems, breakdowns or other non-functioning of any equipment necessary for consummating the transfers contemplated by this
Agreement or other causes or circumstances beyond the control of Issuer, (ii) the acts or omissions of third parties, including without limitation Company's
bank, Issuer's bank, and Automated Clearing House Association, Federal Reserve Bank, Participating bank or courier services; and (iii) non-credit of any
deposit.
4. Funds on Deposit: Company agrees to maintain sufficient funds on deposit in Company's demand deposit account at Company's bank to pay in
full the total amounts debited to Company's account pursuant to this Agreement. If the Company's account contains insufficient funds to pay the amount of
any debit in full, Company shall be subject to the terms of the Account Agreement, as amended, between Company and Issuer with respect to payment by a
NSF instrument.
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Divvy Business Charge Card Agreement
This Agreement explains the current terms and conditions of your Divvy
Business Charge Card Account, which is issued by Cross River Bank
(Issuer, we, us, and our) and administered with the assistance of DivvyPay,
LLC (Program Manager). See below for other important definitions.
Execution of this Agreement and/or use of the Card is acceptance of the
terms and conditions. Please read this Agreement carefully and keep a copy
for your records. If you have any questions, please contact us.
1. Acceptance of this Agreement
You accept this Agreement and consent to all of the terms and conditions
set forth if you, and Authorized Representative, or an Authorized User use
the Account, or if you do not cancel your Account within 30 days after
receiving a Card. You may, however, reject the “Arbitration” section as
explained below. If you are an Authorized User, Authorized Representative
and/or Executive Sponsor, you also accept this Agreement and consent to
all of its terms and conditions.
2. Changes to this Agreement
We may change the rates, fees and terms of this Agreement from time to
time, which may include adding, modifying or deleting any term to this
Agreement. If required by law, we will give you advance written notice of the
change(s) and a right to reject the change(s). Oral modifications to this
Agreement are not permitted.
3. Your Credit Line and Account
We will tell you what the credit line for your Account is. You must keep your
Account balance below your Account credit line. If you do not, we may
request immediate payment of the amount by which you exceed your
Account credit line. We may make changes to your Account credit line at
any time without notice. We may delay increasing your available credit by
the amount of any payment that we receive for up to 15 days.
You may use your Account to make charges for purchases at merchants
accepting a Card and any other transactions that we make available to you.
However, we may choose not to authorize any charge for security or other
reasons, and may do so in our sole discretion. We will not be liable to you if
we decline to authorize a charge or if anyone refuses your Card or Account
number. You must use your Account for commercial or business purposes.
You may not use your Account for illegal transactions or in a manner
inconsistent with this Agreement. No other person other than you and any
Authorized User is permitted to use the Account or the Card, and you must
take reasonable steps to prevent others from doing so. Provided however,
you are responsible for the usage of any person you permit to use the Card,
an “Authorized User”.
4. Authorized Users
You may request additional Cards for Authorized Users. Authorized Users
do not have accounts with us, but they can use your Account subject to the
terms of this Agreement. You are responsible for all charges made by any
Authorized User, regardless of whether you intended to be responsible for
such charges. You must promptly notify us if you wish to cancel the authority
of an Authorized User to use your Account and follow any instructions that
we provide. We may report an Authorized User’s use of your Account to
consumer reporting agencies. You authorize us to give Authorized Users
information, which may include non-public consumer information, about your
Account. If you are an Authorized User and have not already consented to
the terms of this Agreement, then you provide such consent if you use a
Card or do not return a Card provided to you within 30 days of receipt.
5. Account Controls
You may request that controls be applied to your Account. If you so request,
we will use merchant category codes (MCC(s)) to establish controls over
purchases made on the account. We may also limit your Accounts ability to
use certain MCCs. MCCs are chosen by merchants and assigned by the
Card Network. You agree that we have no responsibility for inaccurate or
inappropriate MCC assignments. We, however, will use commercially
reasonable efforts to deny requests for charges that fall outside the selected
MCC or control parameters; however, you remain responsible for payment
in full for all charges, even those that fall outside of the MCC or control
parameters selected. The existence and/or use of controls will not affect your
liability for unauthorized use of the Account. Only charges submitted for
authorization are subject to controls and those controls can only be enforced
when the merchant provides sufficient information as part of the
authorization. We may, in our sole discretion, at any time and without prior
notice, modify controls, including without limitation to prevent suspected
fraudulent activity. You agree that you are responsible for reviewing fraud
control data provided by us, for the purpose of detecting fraud that may occur
within control parameters.
6. Account Reporting
We may provide charge data for your Account, as transmitted by merchants
to us. If we do so, you agree that we are not liable for the accuracy or
completeness of such data or any related information services provided.
You understand that in the event an error is identified in a report, such as an
incorrect product code, you are still liable for a charge, subject to the other
terms of this Agreement.
7. Your Payments
You promise to pay all charges, fees, and other amounts arising from or
related to your account, including charges you make, even if you do not
present your card or sign for the charge, charges that other people make if
you let them use your Account, and charges that Authorized Users make or
permit others to make. You must pay the full Amount Due shown on each
of your statements no later than by its Payment Due Date.
You authorize us to apply payments and credits at our discretion, including
in a manner most favorable or convenient for us. If applicable law requires
that payments and credits be applied in a certain order, then we will do so.
8. How to Make Payments
You must pay us for all amounts due on your Account. This includes
transactions made by Authorized Users. You must pay in U.S. dollars. Do
not send cash. All checks must be drawn on funds on deposit in the U.S. at
a U.S. depository institution. We may refuse to accept a payment in a foreign
currency. If we do accept it, we will charge your Account our cost to convert
it to U.S. dollars. We can accept late payments, partial payments or
payments marked “payment in full” or with any other restrictive endorsement
without losing any of our rights under this Agreement.
You must make your payments in accordance with the terms contained on
your billing statement. If you mail your payment to an address other than
the address designated on your billing statement, there may be a delay in
processing and crediting the payment to your Account. If a third party makes
a payment on your Account and we return all or a part of such payment, then
we may adjust your Account for any amount returned. We have the right to
defend ourselves in connection with any demand to return funds we have
received, and may agree to a compromise of the demanded amount as part
of a settlement.
9. Joint Accounts
If more than one person is responsible for making payments on the Account
under this Agreement, then each of you agree that you are obligated to pay
all amounts owed to us in connection with the Account regardless of any
other obligated person. For example, your obligation to pay is not
discharged by the refusal of another to pay a portion of what is owed or by
the other party filing for bankruptcy. However, the total amount that we
collect from both of you cannot exceed the total amount owed in connection
with the Account. Any authorization by any person obligated to make
payments on the Account, and any authorization provided by an Authorized
Representative or Executive Sponsor for such person, is effective for and
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binding on you. A default by any of you shall be considered a default by all
of you.
10. Fees
You agree to pay the fees as set forth in this Agreement. The amount of
each fee will be charged to your Account on the date it is due to us. When
a fee is charged to your Account, your available credit will be reduced by the
amount of the fee.
Late Fee. If we do not receive the full Amount Due shown on your
statement by its Payment Due Date, then we may assess a late
fee equal to the greater of (i) 2.99% of all amounts past due on
your Account or (ii) $38.
Returned Payment Fee. If any payment submitted on your
account is returned or dishonored, including without limitation for
nonsufficient funds, then we may assess a returned payment fee
of $38.
Foreign Currency Transaction Fee. If any charge on your Account
is made in a currency other than U.S. dollars, then we may assess
a Foreign Currency Transaction Fee of up to 20 basis points
(0.20%) of the amount of such charge. Please also see
Transactions Made in Foreign Currencies for other important
information about charges made in foreign currencies.
Cross Border Transaction Fee. If any charge on your Account is
made at a location outside of the United States in U.S. dollars,
then we may assess a Cross Border Transaction Fee of up to 90
basis points (0.90%) of the amount of such charge.
Notwithstanding the foregoing, in no event shall any fee or portion of such
fee be assessed if prohibited by applicable law. If any fee or portion of a fee
set forth above is finally determined to be prohibited by applicable law, then
we will not assess such fee or portion of such fee and will credit your Account
for any amounts received that otherwise would have been prohibited by
applicable law.
11. Transactions Made in Foreign Currencies
If you make a charge in a currency other than U.S. dollars, the Card Network
will convert it into a U.S. dollar amount. The Card Network will use its own
currency conversion procedures. The conversion rate in effect on the
processing date may differ from the rate in effect on the transaction date that
appears on your statement. As discussed above, we may assess a Foreign
Currency Transaction Fee on such charges and this fee is in addition to any
cost that you may incur due to the conversion procedures used by the Card
Network.
12. Prepaid Funds
We, in our sole discretion, may permit or require you to prepay money in
advance of making charges on your Account. If we do so, your prepayment
will be treated as a security deposit that has been paid to us. No interest will
be paid on prepaid funds and they will be treated as our funds, subject to
your contractual right to receive a payment credit for such amounts on the
Account. We may make some or all of your credit line dependent on the
prepayment of funds for your Account. If we do so, you agree that we may
automatically adjust your credit line based on the prepaid funds available to
us. When amounts on the Account come due, we may apply any prepaid
funds as a credit against the amounts that you owe. If the prepaid funds
available are not sufficient to pay all that you owe, then you must pay the
difference by the applicable payment due date. We may apply prepaid funds
to any amount that you owe us at any time without further notice to you. If
you authorize a charge that requires prepaid funds, but do not complete the
transaction, then the charge authorization may result in a hold of up to seven
(7) days for prepaid funds associated with such charge. We may prepay
funds only using the methods that we designate and such prepayments are
subject to any minimum, maximum, and frequency limits that we establish.
We may adjust any prepayment requirements in our sole discretion and
without prior notice to you.
13. Information Sharing
Except as prohibited by law, you authorize us to share information relating
to or arising from your Account, any Card, and your application for the
Account with any party affiliated with us to market to you, or for other
reasons, with merchants accepting a Card, with any Card Network, and with
other third parties to facilitate the operation of your Account.
14. Default
You are in default under this Agreement if:
you do not comply with the terms of this Agreement, including
without limitation failing to make a required payment when due,
exceeding your Account credit line, or using your Card or Account
for an illegal transaction or transaction not permitted by the
networks or the terms set forth herein;
you file bankruptcy or another insolvency proceeding is filed by
you or against you;
we have a reasonable belief that you are unable or unwilling to
repay your obligations to us;
you provide false or misleading information to us;
you default under any other agreement you have with us; or
you die or are legally declared incompetent or incapacitated.
If you are in default, then we may declare the entire balance of your Account
immediately due and payable without notice, except to the extent required
by law. We also may suspend your ability to make charges and/or cancel or
suspend any feature or service associated with your Account. If we use an
attorney to collect your Account, then we may charge you our legal costs to
the extent permitted by law. These may include reasonable attorneys’ fees,
court or other collection costs, and fees and costs of any appeal.
15. Notice of Loss, Theft or Unauthorized Use
If you or any Authorized User knows of or suspects the loss, theft,
compromise or possible unauthorized use of a Card or Account, you must
contact us immediately by calling 1-855-299-3111 or following any
instructions on your statement.
16. Unauthorized Use
You are liable for all unauthorized charges on your Account unless:
The unauthorized charge occurred after you provided us with
notice that a Card for your Account had been lost, stolen,
compromised, or involved in other unauthorized use, as required
by this Agreement, and we had a reasonable amount of time to
act upon such notice;
You are a natural person or less than ten (10) Cards have been
issued on your account, in which case your liability for
unauthorized charges shall not exceed the lesser of $50 or the
amount of money, property, labor, or services obtained by
unauthorized use before you notified us of such unauthorized use;
or
You are eligible for other protection from authorized charges
under the Card Network's rules and you have met all conditions
for such protection, in which case your liability will be limited in
accordance with such Card Network’s rules.
17. Disputes Regarding Charges on Your Account
You shall use your best efforts to resolve all disputes directly with any
merchant, including without limitation, disputes involving purchase price
discrepancies, quality, warranty, or performance issues. All charges must
be paid in full regardless of disputes, except to the extent otherwise required
by applicable law. If you have questions or wish to dispute a charge, you
must provide us with notice in writing no later than 60 days from the billing
date of such charge. If you do not provide notice within this time, charges
will be considered final and binding even if there was an error or basis for
dispute. If we determine that a charge qualifies for a chargeback to the
merchant, then we will initiate a chargeback under the Card Network rules.
Any accepted chargeback will be credited to your Account. You will not
pursue any claim against or reimbursement from a merchant if we have
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credited your account for a chargeback. You will remain liable for any charge
that cannot be charged back to the merchant.
18. Communications
You authorize us to contact you by phone, electronic mail, or text message
at any phone number or address you provide, including without limitation
contacting you using automatic telephone dialing systems and/or
prerecorded/artificial voice messages, and you authorize such contacts even
if it involves a wireless telephone and/or results in charges to you.
Additionally, you authorize the Program Manager, our service providers,
debt collectors, collection attorneys, and other third parties working for us to
contact you using these methods. You also agree that we may monitor
and/or record our calls with you. You agree that any written notice or
disclosure, required by law or this Agreement, may be mailed or e-mailed to
the mailing address or e-mail address we have on file for you. It is your sole
responsibility to provide and maintain your current mailing address, email
address, and other contact information with us.
19. Credit Reporting
You authorize the Issuer and/or Program Manager to obtain reports about
the condition and/or creditworthiness of your business and to investigate
such matters by making direct inquiries of businesses where you have
accounts and other counterparties with which you interact. If you are a
natural person, you also authorize us to obtain consumer reports about you
and to make direct inquiries of where you work and of people who know you,
to the extent permitted by law. Upon your request we will disclose whether
a consumer report was requested and the name and address of any
consumer reporting agency that furnished the report. These authorizations
are effective throughout the term of this Agreement and do not terminate
until you have paid us all that you owe on your Account. If you are a natural
person, we may report information about our experience with you to
consumer reporting agencies. Late payments, missed payments, or
other defaults in connection with this loan may be reflected on your
credit report. If you believe that we have reported inaccurate information to
a consumer reporting agency, write to us at the address listed on your
statement and we will investigate the matter.
20. Closing Your Account
You may close your Account at any time by contacting us and (i) destroying
the cards or (ii) returning the cards to us. You will remain responsible for any
amounts you owe us under this Agreement and your Account and this
Agreement will not terminate until you pay all that you owe us under this
Agreement. We may close, cancel, suspend or not renew your Account at
any time without notice and for any reason.
21. Governing Law
This Agreement is governed by applicable federal law and by New Jersey
law (without regard to conflicts of law principles). However, in the event you
default and we file a lawsuit to recover funds loaned to you, the statute of
limitations of the state where the lawsuit is filed will apply, without regard to
that state’s conflicts of law principles or its “borrowing statute.”
22. Legal Notices
All notices relating to legal actions, including bankruptcy notices, must be
sent to us at Cross River Bank c/o DivvyPay, LLC, 13707 S. 200 W., Suite
100, Draper, UT 84020. Legal notices sent to any other address will not
satisfy any legal requirement that you provide notice to us.
23. Arbitration
RIGHT TO REJECT ARBITRATION. IF YOU DO NOT WISH YOUR
ACCOUNT TO BE SUBJECT TO THE FOLLOWING ARBITRATION
PROVISION, YOU MUST ADVISE US IN WRITING AT CROSS RIVER
BANK c/o DIVVYPAY, LLC, 13707 S. 200 W., SUITE 100, DRAPER, UT
84020. YOU MUST CLEARLY PRINT OR TYPE YOUR NAME AND
ACCOUNT NUMBER AND STATE THAT YOU REJECT ARBITRATION.
YOU MUST GIVE WRITTEN NOTICE; IT IS NOT SUFFICIENT TO
TELEPHONE US. WE MUST RECEIVE YOUR LETTER OR E-MAIL
WITHIN SIXTY (60) DAYS AFTER THE DATE YOUR ACCOUNT IS
ESTABLISHED OR YOUR REJECTION OF ARBITRATION WILL NOT BE
EFFECTIVE.
This paragraph describes how all Claims (as defined below) will be
arbitrated, at the election of you or us, on an individual (non-class, non-
representative) basis instead of litigated in court.
Definitions. The term Claim means any claim, dispute, or controversy
between you and us or the Program Manager arising from or relating to your
loan, your account with us, or this Agreement, as well as any related or prior
agreement that you may have had with us or the Administrator, or the
relationships resulting from this Agreement, including the validity,
enforceability or scope of this arbitration provision or the Agreement. Claims
arising in the past, present, or future, including Claims arising before the
execution of this Agreement, are subject to arbitration. Claim includes,
without limitation, claims that arise from or relate to any application for this
loan or any advertisements, promotions, or statements related to your loan.
For purposes of this Arbitration provision, you and us also includes any
corporate affiliates, any licensees, predecessors, successors, assigns, any
purchaser of any accounts, all agents, employees, directors and
representatives of any of the foregoing, and other persons referred to below
in the definition of Claims. Claim includes claims of every kind and nature,
including but not limited to initial claims, counterclaims, cross-claims, third-
party claims, and claims based upon contract, tort, fraud, and other
intentional torts, statutes, regulations, common law, and equity. Claims and
remedies sought as part of a class action, private attorney general action, or
other representative action are subject to arbitration on an individual (non-
class, non-representative) basis, and the arbitrator may award relief only on
an individual (non-class, non-representative) basis. Claim also includes
claims by or against any third party relating to or arising from your Card, your
Account, or this Agreement. The term Claim is to be given the broadest
possible meaning that will be enforced. Administrator means the American
Arbitration Association, 120 Broadway, Floor 21, New York, NY 10271,
www.adr.org, (800) 778-7879; or JAMS, 18881 Von Karman Ave., Suite 350,
Irvine, CA 92612, www.jamsadr.com, (949) 224-1810.
Right to Elect Arbitration. We OR you have the right to require that each
Claim be resolved by arbitration on an individual (non-class, non-
representative) basis. A Claim will be arbitrated if (1) both we and you or (2)
only one or the other of we or you, exercise the right to require that the Claim
be arbitrated. If, for example, we exercise our right to require that the Claim
be resolved by arbitration but you do not also exercise your right to require
that the Claim be arbitrated, the Claim will be resolved by arbitration. If
neither we nor you request arbitration, the Claim will not be resolved by
arbitration and instead will be litigated in court. We will not elect arbitration
for any Claim you file in small claims court, so long as the Claim is individual
and pending only in that court. The arbitrator's authority to resolve Claims
is limited to Claims between you and us alone, and the arbitrator's authority
to make awards or decisions is limited to you and us alone. Furthermore,
Claims between you and us may not be joined or consolidated in arbitration
with Claims brought by or against someone other than you, unless otherwise
agreed to in writing by all parties. However, borrowers and co-borrowers on
a single loan, or corporate affiliates, are considered one person for the
purposes of this paragraph. No arbitration award will have any preclusive
effect as to issues or claims in any dispute involving anyone who is not a
party to the arbitration. This arbitration provision is made pursuant to a
transaction involving interstate commerce and will be governed by the
Federal Arbitration Act (“FAA”) (9 U.S.C. § 1, et seq.).
No Jury Trial or Class Claims. If we or you request arbitration of a Claim,
we and you will not have the right to litigate the Claim in court. This means
(1) there will be no jury trial on the Claim, (2) there will be no pre-
arbitration discovery except as the Administrator’s rules permit, and
(3) no Claim may be arbitrated on a class-action, private attorney
general, or other representative basis, and neither we nor you will have
the right to participate as a representative or member of any class or
group of claimants pertaining to any Claim subject to arbitration. We
or you may elect to arbitrate any Claim at any time unless it has been filed
in court and trial has begun or final judgment has been entered.
Initiation of Arbitration. The party initiating an arbitration shall select an
Administrator from the organizations listed above. If none of the
Administrators listed above will accept the arbitration, the arbitration will be
administered by an administrator, or adjudicated by an arbitrator, upon which
you and we agree in writing. The arbitration shall be governed by the
procedures and rules of the Administrator and this Agreement, which need
not apply federal, state or local rules of procedure and evidence. The
Administrator’s procedures and rules may limit the discovery available to you
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or us. You can obtain a copy of an Administrator’s procedures and rules by
contacting the Administrator. A single, neutral arbitrator will resolve Claims.
The arbitrator will be either a lawyer with at least ten years’ experience or a
retired or former judge, selected in accordance with the rules of the
Administrator. In the event of any conflict or inconsistency between this
arbitration provision and the Administrator's rules or other provisions of this
Agreement, this arbitration provision will govern. The arbitrator will take
reasonable steps to protect customer account information and other
confidential information if requested to do so by you or us. Arbitration
hearings for Claims by or against you will take place in the federal judicial
district in which you reside. If you make a request to us in writing, we will
temporarily advance to you the filing, administrative, and hearing fees for the
arbitration of your Claim against us (but not if the Claim is against you) in
excess of any filing fee you would have been required to pay to file the Claim
in a state or federal court (whichever is less) in the judicial district in which
you reside. At the end of the arbitration, the arbitrator will decide if you have
to repay the advance (and if you do have to repay, you agree to do so).
Unless applicable law requires otherwise, we will pay our, and you will pay
your, lawyers’, experts’, and witnesses’ fees. The arbitrator will apply
applicable substantive law consistent with the FAA and applicable statutes
of limitations, will honor claims of privilege recognized at law, and will have
the power to award to a party any damages or other relief provided for under
applicable law. The arbitrator will make any award in writing and, if
requested by you or us, will provide a brief statement of the reasons for the
award.
Arbitration Award and Appeals. Judgment upon the arbitrator’s award may
be entered in any court with jurisdiction. The arbitrator’s decision regarding
any claims will be final and binding, except for any appeal right under FAA.
The appealing party will pay the appeal costs. This agreement to arbitrate
shall survive any suspension, termination, revocation or closure of the
Agreement or your Account, and any bankruptcy to the extent consistent
with applicable bankruptcy law.
Enforcement of this Provision. If any part of this arbitration provision cannot
be enforced, the rest of the arbitration provision will continue to apply.
However, an arbitrator cannot enlarge his or her authority over the
adjudication of Claims beyond that provided by this arbitration provision by
enforcing only part of this arbitration provision. If an arbitrator determines
that applicable law requires this arbitration provision to be enforced in a way
that would result in greater authority over Claims than otherwise allowed,
such as the adjudication of claims on a class or representative basis, then
the arbitrator must decline to hear the dispute and shall refer the parties to
a court or other body with sufficient authority. In the event of any conflict or
inconsistency between this arbitration provision and the Administrator's rules
or other provisions of this Agreement, this arbitration provision will govern.
24. Other Terms and Conditions
If any part of this Agreement is found to be invalid, the rest of it will still
remain in effect (except as noted in “Arbitration” section above). We may
delay or not enforce any of our rights under this Agreement without losing or
waiving any of them. We may sell, assign or transfer your Account and/or
our rights and obligations under this Agreement (or any portion thereof)
without notice to you. You may not sell, assign or transfer your Account or
your rights and obligations under this Agreement without obtaining our prior
written consent. Nothing contained in this Agreement shall be construed as
constituting or creating a partnership, joint venture, agency, or other
association or relationship between you and us. To the extent that either
party undertakes or performs any duty for itself or for the other party as
required by this Agreement, the party shall be construed to be acting as an
independent contractor and not as a partner, joint venturer, or agent for the
other party. In no event shall we be liable to you for any failure or delay in
performance wholly or in part due to causes or circumstances beyond our
reasonable control including, but not limited to the following: acts of God;
acts of the public enemy; civil disturbance; war; acts of the United States of
America or any state, territory or political division of the United States of
America; fires; floods; natural disasters; pandemic or epidemic events,
regional, statewide, or nationwide strikes, or any other general labor dispute
not specific to us; and/or communication line failures (collectively “force
majeure”). Our inability to perform under this Agreement due to force
majeure events will not be considered a breach or default.
EXCEPT AS OTHERWISE REQUIRED UNDER LAW, WE ARE NOT
LIABLE FOR ANY LOSS SUSTAINED BY ANY PARTY RESULTING FROM
ANY ACT, OMISSION OR FAILURE TO ACT BY US OR THOSE ACTING
ON OUR BEHALF, WHETHER WITH RESPECT TO THE EXERCISE OR
ENFORCEMENT OF OUR RIGHTS OR REMEDIES UNDER THIS
AGREEMENT, UNLESS THE LOSS IS CAUSED BY OUR GROSS
NEGLIGENCE OR WILLFUL MISCONDUCT. OUR LIABILITY UNDER
THIS AGREEMENT SHALL BE LIMITED TO ACTUAL DAMAGES
INCURRED BY YOU AS A DIRECT RESULT OF OUR GROSS
NEGLIGENCE OR WILLFUL MISCONDUCT, IF ANY. FURTHERMORE,
OUR LIABILITY SHALL NOT EXCEED THE SUM OF ALL FEES PAID BY
COMPANY TO ISSUER UNDER THIS AGREEMENT PRIOR TO THE
DATE WHEN ANY CLAIM IS MADE AGAINST ISSUER. IN NO EVENT
WILL WE BE LIABLE FOR INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
PUNITIVE DAMAGES.
EXCEPT AS OTHERWISE REQUIRED UNDER LAW, WE MAKE NO
WARRANTY WITH RESPECT TO GOODS, PRODUCTS OR SERVICES
PURCHASED ON CREDIT THROUGH US. WE FURTHER DISCLAIM ALL
WARRANTIES WITH RESPECT TO GOODS, PRODUCTS AND
SERVICES PURCHASED WITH A CARD, INCLUDING, WITHOUT
LIMITATION, THE IMPLIED WARRANTY OF MERCHANTABILITY.
25. Definitions
The following terms have the following meanings:
Account means your credit account under this Agreement.
Agreement means this Card Agreement, along with any other
document incorporated by reference.
Amount Due means the amount due on your Payment Due Date,
as reflected on your billing statement.
Authorized User means any person you authorize to use your
Account or a Card, whether you notify us or not.
Card means any credit card, account number or access code, or
access device issued to you or someone else with your
authorization for your Account.
Card Network means the Visa payment card network and any
other payment network through which charges may be submitted
or paid in connection with your Account or Card.
Authorized Representative and Executive Sponsor means, if you
are not a natural person, any natural person acting on your behalf
during the process of applying for or establishing this Account.
Payment Due Date means date that your Amount Due is due, as
reflected on your billing statement.
You, your, and yours, means any person (legal entity or natural
person) named on a Card, who signed an application for an
Account, or who is contractually liable to make payments under
this Agreement. This includes, without limitation, any Authorized
Representative or Executive Sponsor (including the obligations to
pay) and, except for the obligations to pay contained in Section 7
(Your Payments) and Section 9 (Joint Accounts) above, any
Authorized User.
26. Other Notices
New Jersey Residents: Because certain provisions of this Agreement are
subject to governing law, they may be void, unenforceable or inapplicable in
some jurisdictions. None of these provisions are void, unenforceable or
inapplicable with New Jersey. The section headings of this Agreement are
not contract terms.
For Utah residents: This written agreement is a final expression of the
agreement between you and us and the written agreement may not be
contradicted by evidence of any alleged oral agreement.
J&S Version
DivvyPay, LLC Rewards Program
This DivvyPay, LLC Rewards Program agreement (“Rewards Agreement”) is entered into by and between DivvyPay, LLC (“Divvy” or we) and the Company identified below (you”, and
“your”).
1. Divvy Rewards: You shall be eligible to receive points from Divvy for all purchases made with the Divvy charge card, excluding any cash advances, credits, chargebacks, bill payment
transactions, and Plastiq transactions (“Net Purchase(s)”), subject to and according to the details outlined herein (“Points”)(“Divvy Rewards”).
2. Points Accrual: Points are accrued on a per-transaction basis, and therefore total Point accrual cannot be determined until all transactions are completed, cleared and paid. Points are accrued
based on your Net Purchases paid on or before the “Payment Due Date reflected on your billing statement for each Billing Cycle (as defined below) based on the multipliers table found at
getdivvy.com/rewards (“Divvy Rewards Table”), subject to reductions and restrictions, which may include, but are not limited to, those outlined herein. The Divvy Rewards Table may be
updated at any time, in Divvy’s sole and absolute discretion.
3. Points Conversion and Redemption: For your first twelve (12) months as a customer of Divvy, beginning on the date of your first Net Purchase, all Points accrued by you will be aggregated
on an annual basis, not subject to conversion or redemption by you until twelve (12) months after the date of your first Net Purchase (“Initial Period”). After your Initial Period, Points may be
converted and redeemed from Points to the following uses, at any time, subject to the limitations described herein (“Redemption Event”):
Cashback
Divvy Travel powered by TripActions
Statement credit
Tango Gift cards
You may complete a Redemption Event by visiting getdivvy.com/rewards and completing the required steps to convert and redeem Points. Payment for any cashback conversion and redemption
of Points shall be made to you within ten (10) business days of a Redemption Event. Conversion and redemption of Points for travel rewards for use with TripActions shall occur within ten (10)
business days. Application of a statement credit shall occur within ten (10) business days. Conversion and redemption of Points for Tango Gift Cards shall occur within ten (10) business days.
Visit getdivvy.com/rewards to access the Divvy Rewards Calculator for additional information regarding how your Points will convert into the above rewards categories, which conversion
process and rates are subject to change at any time, in Divvy’s sole and absolute discretion.
4. Promotional Rewards: Divvy may allow you to (i) accrue promotional Points, which are described as an increase in the rate at which you may accrue Points over the ordinary rate in which
you would otherwise accrue points absent the promotional feature (“Promotional Points”) or (ii) or earn alternative cashback (“Alternative Cashback”)(together, “Promotional Rewards”). Any
Promotional Rewards will be determined on a case-by-case basis. Promotional Rewards may be subject to you (i) meeting an agreed-upon spending target during the promotional period, (ii)
selecting a specific Billing Cycle during the promotional period, (iii) executing the ACH Authorization Agreement (Enrollment in Auto-Pay Program) during the promotional period or (iv)
complying with any other requirements outlined in writing between the parties. Unless otherwise agreed upon in writing, Divvy may rescind the Promotional Rewards at any time in Divvy’s sole
discretion and without notice to you. Divvy must notify you of the details of any applicable Promotional Rewards in writing, which you must agree to in writing, before you may earn any
Promotional Rewards. If you fail to meet the eligibility requirements for Promotional Rewards during the promotional period as outlined in writing, you may not be eligible for any Promotional
Rewards during the promotional period.
5. Effect of Billing Cycle Selection: You have the option to select a billing cycle, which is the periodicity of sweeping the accounts (“Billing Cycle”). Billing cycle options include (i) Weekly,
(ii) Bi-monthly or (iii) Monthly. Any other billing cycle option will be treated as Weekly. Your selection of Billing Cycle will dictate that structure under which you will accrue Points, as
outlined in the Divvy Rewards Table, subject to the terms and restrictions found herein. The “Payment Due Date reflected on your billing statement may also vary based on your Billing Cycle
selection.
6. Cross Border and Foreign Currency Transaction Fees: Cross Border and Foreign Currency Transaction Fees shall not be considered Net Purchases when calculating Points, and therefore,
no Points may be accrued on Cross Border and Foreign Currency Transaction Fees.
7. Points and Early Termination: All accrued Points will be forfeited and will not be available for conversion or redemption if you (i) are no longer a customer of Divvy at the end of the Initial
Period or (ii) have spent less than Five Thousand Dollars ($5,000) in each of the last three (3) months of the Initial Period, regardless of your total Net Purchases during the Initial Period.
8. Points and Other Restrictions:
You must spend at least thirty percent (30%) of you credit line during any month to qualify for Divvy Rewards. You will not accrue any Points on Net Purchases as described herein
during any month in which you do not spend at least thirty percent (30%) of your credit line. In the event you have redeemed Points early in given month, but by the end of that
same month have not spent at least thirty percent (30%) of you credit line, Divvy will revoke all Points earned in that month.
Net Purchases with Plastiq are not eligible to accrue any Points.
Regardless of your selected Billing Cycle, monthly Points earned in the “restaurants, hotels and on recurring software subscriptions” categories shall be earned at the respective
multipliers found in the Divvy Rewards Table, up to an aggregate of Five Thousand Dollars ($5,000) in Net Purchases in all categories combined. After such Five Thousand Dollar
($5,000) Net Purchases cap is reached, all additional Net Purchases completed for the remainder of that given month, regardless of category, shall accrue Points at the “on everything
else” multiplier associated with your selected Billing Cycle. For example, if you complete Three Thousand Dollars ($3,000) in Net Purchases at qualifying restaurants, One Thousand
Dollars ($1,000) in Net Purchases at qualifying hotels, and One Thousand Dollars ($1,000) in Net Purchases on qualifying software subscriptions during a given month, all other
J&S Version
Net Purchases made for the remainder of that given month, regardless of category, shall accrue Points at the “on everything else” multiplier associated with your selected Billing
Cycle.
If you have zero (0) Net Purchases in any given month, you forfeit all accrued Points.
If you are (i) delinquent on your account or (ii) in default at any time, you forfeit all accrued Points.
9. Credit Underwriting Models: You may have credit underwritten through one of several available models of Cross River Bank which may include, but are not limited to, unsecured credit,
guarantees, letters of credit, surety bonds, or other acceptable forms of security in order for you to receive credit. Relying on such security may result in reduced or no eligibility for Points, as
reflected in the approval communication provided to you.
10. Qualifying MCC, NAICS and SIC Codes and Points: Only Net Purchases made with the following MCC, NAICS and SIC codes shall be eligible for Points accrual as specifically described
in the Divvy Rewards Table.
Restaurants MCC Codes: 5462, 5811, 5812, 5813
Hotels MCC Codes: 3500-3999
Recurring Software and Subscriptions:
o NAICS Codes: 511210 Software Publishers, 5191 Other Information Services
o SIC Code: 5968: Direct Marketing, Continuity/Subscription Merchant
All other Net Purchases, regardless of category, which fall outside of the above described MCC, NAICS or SIC codes, shall only be eligible for Points accrual at the “on everything else” multiplier
associated with your selected Billing Cycle.
11. Divvy Solely Responsible: Divvy is solely responsible for administration of the Divvy Rewards program described herein and the payment of all amounts or benefits due to you under this
section. Cross River Bank is not a party to this Rewards Agreement and this Rewards Agreement does not affect, modify, or amend the Account Application and the terms and conditions of
your agreement with Cross River Bank. You agree to look exclusively to Divvy in the event of any dispute arising out of or relating to the Divvy Rewards program described herein or the amounts
paid or payable to you hereunder.
12. Miscellaneous Provisions:
Default: If you default under the terms of the Divvy Business Charge Card Agreement, you lose all accrued Points or Promotional Rewards, including the ability to complete a
Redemption Event with any accrued Points or Promotional Rewards.
Severability: Whenever possible, each portion of this Rewards Agreement will be interpreted in such a manner as to be effective and valid under applicable law, but if any portion
of this Rewards Agreement is held to be prohibited by or invalid under applicable law, such portion will be deemed restated to reflect the original intentions of the parties as nearly
as possible in accordance with applicable law, and, if capable of substantial performance, the remaining portions of this Rewards Agreement will be enforced as if this Rewards
Agreement was entered into without the invalid portion.
Assignment: You may not assign this Rewards Agreement to any other entity without the express prior written consent of Divvy or its successor in interest, as applicable. Divvy
may, in its sole discretion, assign this Rewards Agreement and its obligations, transfer any right or delegate any duty of performance under this Rewards Agreement without further
notice. The person or entity(ies) to whom Divvy makes any such assignment is entitled to all of Divvy’s rights under this Rewards Agreement, to the extent that those rights were
assigned.
Modification; Waiver: We may change the terms of this Rewards Agreement from time to time, which may include adding, modifying or deleting any term to this Rewards
Agreement. If required by law, we will give you advance written notice of the change(s). No delay or omission by either Party to exercise any right or power hereunder will impair
such right or power or be construed to be a waiver thereof. A waiver by either Party of any of the obligations to be performed by the other or any breach thereof will not be construed
to be a waiver of any succeeding breach thereof or of any other obligations herein contained.
Governing Law and Venue: The laws of the State of Utah, without reference to any conflict of law provisions or decisions, shall govern all questions concerning the construction,
validity and interpretation of this Agreement and the performance of the obligations imposed by this Agreement. The exclusive venue for any dispute relating to this Agreement
shall be in the state courts located in Utah or the federal courts located in the District of Utah.
Term and Termination: This Rewards Agreement shall remain in effect until terminated upon delivery of written notice of termination by either party, which written notice may
be delivered at any time. Notice of termination shall in no way affect Company's obligation to pay any amounts owed under the Account Application.
The signatory below acknowledges and certifies that he or she is a proprietor, general partner or officer of you with authority to enter into this Rewards Agreement on behalf of
Company (“Authorized Representative”).
Company:
Authorized Representative:
Print Name:
Title:
Date:
OMB Control Number 1506-0070
31 CFR § 1010.230 CERTIFICATION REGARDING
BENEFICIAL OWNERS OF LEGAL ENTITY CUSTOMERS
I. GENERALINSTRUCTIONS
This is an optional form provided for your convenience. The required information may be provided in other formats. When
completed, this form is provided to the financial institution where the account is opened. DO NOT SEND TO FinCEN.
Where may I obtain a copy of the form?
A copy (pdf) may be downloaded from the FinCEN website at www.fincen.gov under the “Filing Information” tab. The form may
be completed on a computer using the free Adobe Reader software.
What is this form?
To help the government fight financial crime, Federal regulation requires certain financial institutions to obtain, verify, and
record information about the beneficial owners of legal entity customers. Legal entities can be abused to disguise
involvement in terrorist financing, money laundering, tax evasion, corruption, fraud, and other financial crimes. Requiring
the disclosure of key individuals who own or control a legal entity (i.e., the beneficial owners) helps law enforcement
investigate and prosecute these crimes.
Who has to complete this form?
This form must be completed by any person opening a new account on behalf of a legal entity with any of the following U.S.
financial institutions: (i) a bank or credit union; (ii) a broker or dealer in securities; (iii) a mutual fund; (iv) a futures
commission merchant; and (v) an introducing broker in commodities.
For the purposes of this form, a legal entity includes a corporation, limited liability company, or other entity that is created by
a filing of a public document with a Secretary of State or similar office, a general partnership, and any similar business entity
formed in the United States or a foreign country. Legal entity does not include sole proprietorships, unincorporated associa-
tions, or natural persons opening accounts on their own behalf.
What information do Ihave to provide?
When you open a new account on behalf of a legal entity, the financial institution will ask for information about the legal
entity’s beneficial owner(s), including their name, address, date of birth and social security number (or passport number or
other similar information, in the case of Non-U.S. persons). The financial institution may also ask to see a copy of a
driver’s license or other identifying document for each beneficial owner listed on this form.
Beneficial owners are:
(1) Each individual, if any, who owns, directly or indirectly, 25 percent or more of the equity interests of
the legal entity customer (e.g., each natural person that owns 25 percent or more of the shares of a
corporation; and
(2)An individual with significant responsibility for managing the legal entity customer (e.g., a Chief
Executive Officer, Chief Financial Officer, Chief Operating Officer, Managing Member, General Partner,
President, Vice President, or Treasurer).
The number of individuals that satisfy this definition of “beneficial owner” may vary. Under section (1), depending on the
factual circumstances, up to four individuals (but as few as zero) may need to be identified. Regardless of the number of
individuals identified under section (1), you must provide the identifying information of one individual under section (2). It is
possible that in some circumstances the same individual might be identified under both sections (e.g., the President of Acme,
Inc. who also holds a 30% equity interest). Thus, a completed form will contain the identifying information of at least one
individual (under section (2)), and up to five individuals (i.e., one individual under section (2) and four 25 percent equity
holders under section (1))
a legal entity may have multiple “beneficial owners,” this form requires you to list only those that own 25% or more (up
to five) under each of the two prongs of the definition above. If appropriate, the same individuals may be listed under
both prongs.
Rev. 6.6 Aug. 2017
CERTIFICATION OF BENEFICIAL OWNER(S)
The information contained in this Certification is sought pursuant to Section 1020.230
of Title 31 of the United States Code of Federal Regulations (31 CFR 1020.230).
All persons opening an account on behalf of a legal entity must provide the following information:
1. Last Name and title of Natural Person Opening Account
2. First Name
3. Middle Initial
4. Name and type of Legal Entity for Which the Account is Being Opened
4a. Legal Entity Address
4b. City
4c. State
4d. ZIP/Postal Code
SECTION I
(To add additional individuals, see page 3)
Please provide the following information for an individual(s), if any, who, directly or indirectly, through any contract
arrangement, understanding, relationship, or otherwise owns 25% or more of the equity interests of the legal entity listed
above.
Check here if no individual meets this definition and complete Section II.
5. Last Name 6. First Name 7. M.I.
8. Date of birth
(MM/DD/YYYY)
9. Address 10. City
11. State
12. ZIP/Postal Code
13. Country
14. SSN (U.S. Persons)
15. For Non-U.S. persons
(SSN, Passport Number or other similar identification number)
15a. Country of issuance:
Note: In lieu of a passport number, Non-U.S. Persons may also provide a Social Security Number, an alien identification card number, or number
and country of issuance of any other government-issued document evidencing nationality or residence and bearing a photograph or similar
safeguard.
SECTION II
Please provide the following information for an individual with significant responsibility for managing or directing the
entity, including, an executive officer or senior manager (e.g., Chief Executive Officer, Chief Financial Officer, Chief
Operating Officer, Managing Member, General Partner, President, Vice President, Treasurer); or Any other individual
who regularly performs similar functions.
16. Last Name 17. First Name 18. M.I.
19. Date of birth
(MM/DD/YYYY)
20. Address 21. City
22. State
23. ZIP/Postal Code
24. Country 25. SSN (U.S. Persons)
26. For Non-U.S. persons
(SSN, Passport Number or other similar identification number)
26a. Country of issuance:
Note: In lieu of a passport number, Non-U.S. Persons may also provide a Social Security Number, an alien identification card number, or number
and country of issuance of any other government-issued document evidencing nationality or residence and bearing a photograph or similar
safeguard.
I, __________________________ (name of person opening account), hereby certify, to the best of my
knowledge, that the information provided above is complete and correct.
Signature:
Date:
(MM/DD/YYYY)
Legal Entity Identifier (Optional)
Rev. 6.7 Sept., 2017
Additional Section 1 - Second Beneficial Owner (If required)
Please provide the following information for an individual(s), if any, who, directly or indirectly, through any contract
arrangement, understanding, relationship, or otherwise owns 25% or more of the equity interests of the legal entity listed
above.
5. Last Name 6. First Name 7. M.I.
8. Date of birth
(MM/DD/YYYY)
9. Address 10. City
11. State
12. ZIP/Postal Code
13. Country 14. SSN (U.S. Persons)
15. For Non-U.S. persons (SSN, Passport Number or other similar identification number)
15a. Country of issuance:
Note: In lieu of a passport number, Non-U.S. Persons may also provide a Social Security Number, an alien identification card number, or number
and country of issuance of any other government-issued document evidencing nationality or residence and bearing a photograph or similar
safeguard.
Additional Section 1 - Third Beneficial Owner (If required)
Please provide the following information for an individual(s), if any, who, directly or indirectly, through any contract
arrangement, understanding, relationship, or otherwise owns 25% or more of the equity interests of the legal entity listed
above.
5. Last Name 6. First Name 7. M.I.
8. Date of birth
(MM/DD/YYYY)
9. Address 10. City
11. State
12. ZIP/Postal Code
13. Country
14. SSN (U.S. Persons)
15. For Non-U.S.persons
(SSN, Passport Number or other similar identification number)
15a. Country of issuance:
Additional Section 1 - Fourth Beneficial Owner (If required)
Please provide the following information for an individual(s), if any, who, directly or indirectly, through any contract
arrangement, understanding, relationship, or otherwise owns 25% or more of the equity interests of the legal entity listed
above.
5. Last Name 6. First Name 7. M.I.
8. Date of birth
(MM/DD/YYYY)
9. Address 10. City
11. State
12. ZIP/Postal Code
13. Country 14. SSN (U.S. Persons)
15. For Non-U.S. persons
(SSN, Passport Number or other similar identification number)
15a. Country of issuance:
Note: In lieu of a passport number, Non-U.S. Persons may also provide a Social Security Number, an alien identification card number, or number
and country of issuance of any other government-issued document evidencing nationality or residence and bearing a photograph or similar
safeguard.
Paperwork Reduction Act Notice
Public recordkeeping burden for this collection of information is estimated to average 30 minutes per response, including the time for
reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the
collection of information. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information
unless it displays a valid OMB control number. The OMB control number for this information collection is 1506-0070. You may submit
comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden,
by calling the FinCEN Resource Center at 800-767-2825 or by email at frc@fincen.gov. Alternatively, you may mail us comments at Policy
Division, Financial Crimes Enforcement Network, P.O. Box 39, Vienna, VA 22183. Please include 1506–0070 in the body of the text.
Rev. 6.7 Sept., 2017