Affidavit of Fact

You might also like

Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 2

First Middle Last, Beneficial Owner of account: FIRST MIDDLE LAST

[Principal on demand deposit account opened xx/xx/xxxx] (name on account)


c/o Street Address
City, State [00000]

[Bank Name]
[Bank Address]
[City, State ZIP Code]

AFFIDAVIT OF FACT

I, [Your Name], do solemnly swear that the following statements are true and correct to the best of my
knowledge:

1.) I maintain a deposit account with [Bank Name] under account number [Account Number]. As a
depositor, I expect that my deposits are being handled in accordance with the relevant banking
principles and regulations. This includes compliance with Regulation CC, which requires timely
availability of funds deposited by customers, and proper disclosure of funds availability policies.

2.) Deposits made into a deposit account are liabilities (obligations) of the bank to return to the
depositor (time deposits) upon demand. This mandatory disclosure is established under Title 5
of the United States Code, which requires all federal agencies, including banks, to provide
customers with clear and concise information about their rights and obligations. This disclosure
is further reinforced under Title 12, which outlines the regulations for banks and financial
institutions. Regulation Z, which falls under Title 12, provides detailed requirements for
disclosing the terms and conditions of credit, including the rules surrounding the return of
deposits. Banks must also comply with Regulation E, which requires disclosure of all fees and
charges associated with a deposit account.

3.) Each deposit made by a depositor becomes a liability of the bank and is recorded as such on the
FR 20246 Balance Sheet. This sheet is a financial statement that reports a company's assets,
liabilities, and equity at a specific point in time. It is used by banks to record and track all of the
deposits they receive, and the liabilities they owe to their depositors.

4.) At the end of each business day, banks "close," meaning that any deposits made that day are
processed and recorded as liabilities on the bank's balance sheet. This is done to ensure that the
bank is aware of all of its outstanding liabilities to its depositors. Banks must also comply with
the privacy requirements of the Gramm-Leach-Bliley Act (GLBA), which mandates that banks
protect the non-public personal information of their customers. Failure to comply with the
privacy requirements can result in severe penalties and legal action.

5.) As a depositor, I have the right to receive accurate and timely information regarding my account.
Failure to disclose accurate and timely information regarding my account, including the return of
my deposits, is a violation of banking principles and regulations. In accordance with Title 12 of
the United States Code, banks are required to provide customers with clear and concise
information about their rights and obligations, including the rules surrounding the return of
deposits. Failure to comply with these regulations can result in penalties and legal action.

6.) The failure to provide accurate and timely information regarding my account has caused me
financial harm, including but not limited to, lost interest and lost opportunities to invest my
funds elsewhere. This harm could have been avoided if the bank had fulfilled its obligation to
provide accurate and timely information to me, the depositor.

In light of the above, I declare under penalty of perjury that the foregoing is true and correct.

Signed: _____________________________ Date: _______________________________

State of [State]
County of [County]

Subscribed and sworn to before me this [Day] day of [Month], [Year].

____________________
Notary Public
[State]

You might also like