Common use of Account Designated Representative/Investment Advisor Clause in Contracts

Account Designated Representative/Investment Advisor. The Depositor may appoint an account designated representative who may, but is not required to be, an investment advisor qualified under Section 3(38) of the Employee Retirement Income Security Act of 1974, to direct the investment of his/her IRA. The Depositor shall notify the Custodian in writing of any such appointment. If the account designated representative is an investment advisor, then the Depositor shall provide the Custodian a copy of the instruments appointing the investment advisor and evidencing the investment advisor's acceptance of such appointment, an acknowledgment by the investment advisor that the investment advisor is a fiduciary of the account, and a certificate evidencing the investment advisor's current registration under the Investment Advisor's Act of 1940. The Custodian shall comply with any investment directions furnished to the Custodian by the account designated representative, but only with regard to public securities, digital assets and investments that are traded on a recognized exchange or "over the counter" (excluding any securities issued by the Custodian), and will do so until the Custodian receives written notification from the Depositor that the account designated representative's appointment has been terminated. The Custodian shall have no duty other than to follow the written investment directions of such account designated representative subject to the provisions of this Agreement, shall be under no duty to question said instructions, and shall not be liable for any investment losses or adverse tax consequences sustained by the Depositor.

Appears in 3 contracts

Samples: Traditional Individual Retirement Custodial Agreement, Traditional Individual Retirement Custodial Agreement, Roth Individual Retirement Custodial Agreement

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Account Designated Representative/Investment Advisor. The Depositor depositor may appoint an account designated representative who may, but is not required to be, an investment advisor qualified under Section 3(38) of the Employee Retirement Income Security Act of 1974, to direct the investment of his/her IRA. The Depositor depositor shall notify the Custodian custodian in writing of any such appointment. If the account designated representative is an investment advisor, then the Depositor depositor shall provide the Custodian custodian a copy of the instruments appointing the investment advisor and evidencing the investment advisor's acceptance of such appointment, an acknowledgment by the investment advisor that the investment advisor is a fiduciary of the account, and a certificate evidencing the investment advisor's current registration under the Investment Advisor's Act of 1940. The Custodian custodian shall comply with any investment directions furnished to the Custodian custodian by the account designated representative, but only with regard to public securities, digital assets securities and investments that are traded on a recognized exchange or "over the counter" (excluding any securities issued by the Custodiancustodian), and will do so until the Custodian custodian receives written notification from the Depositor depositor that the account designated representative's appointment has been terminated. The Custodian custodian shall have no duty other than to follow the written investment directions of such account designated representative subject to the provisions of this Agreementrepresentative, shall be under no duty to question said instructions, and shall not be liable for any investment losses or adverse tax consequences sustained by the Depositordepositor.

Appears in 3 contracts

Samples: Roth Individual Retirement Custodial Agreement, Custodial Agreement, Traditional Individual Retirement Custodial Agreement

Account Designated Representative/Investment Advisor. The Depositor Participant may appoint an account designated representative who may, but is not required to be, an investment advisor qualified under Section 3(38) of the Employee Retirement Income Security Act of 1974, to direct the investment of his/her IRA. The Depositor Participant shall notify the Custodian in writing of any such appointment. If the account designated representative is an investment advisor, then the Depositor shall provide the Custodian a copy of the instruments appointing the investment advisor and evidencing the investment advisor's acceptance of such appointment, an acknowledgment by the investment advisor that the investment advisor is a fiduciary of the account, and a certificate evidencing the investment advisor's current registration under the Investment Advisor's Act of 1940. The Custodian shall comply with any investment directions furnished to the Custodian by the account designated representative, but only with regard to public securities, digital assets securities and investments that are traded on a recognized exchange or "over the counter" (excluding any securities issued by the Custodian), and will do so until the Custodian receives written notification from the Depositor Participant that the account designated representative's appointment has been terminated. The Custodian shall have no duty other than to follow the written investment directions of such account designated representative subject to the provisions of this Agreement, shall be under no duty to question said instructions, and shall not be liable for any investment losses or adverse tax consequences sustained by the DepositorParticipant.

Appears in 2 contracts

Samples: Simple Ira Custodial Agreement, Simple Ira Custodial Agreement

Account Designated Representative/Investment Advisor. The Depositor Applicant/Plan Participant may appoint an account designated representative who may, but is not required to be, an investment advisor qualified under Section 3(38) of the Employee Retirement Income Security Act of 1974, to direct the investment of his/her IRA. The Depositor Applicant/Plan Participant shall notify the Custodian in writing of any such appointment. If the account designated representative is an investment advisor, then the Depositor Applicant/Plan Participant shall provide the Custodian a copy of the instruments appointing the investment advisor and evidencing the investment advisor's acceptance of such appointment, an acknowledgment by the investment advisor that the investment advisor is a fiduciary of the account, and a certificate evidencing the investment advisor's current registration under the Investment Advisor's Act of 1940. The Custodian shall comply with any investment directions furnished to the Custodian by the account designated representative, but only with regard to public securities, digital assets securities and investments that are traded on a recognized exchange or "over the counter" (excluding any securities issued by the Custodian), and will do so until the Custodian receives written notification from the Depositor Applicant/Plan Participant that the account designated representative's appointment has been terminated. The Custodian shall have no duty other than to follow the written investment directions of such account designated representative subject to the provisions of this Agreement, shall be under no duty to question said instructions, and shall not be liable for any investment losses or adverse tax consequences sustained by the DepositorApplicant/Plan Participant.

Appears in 2 contracts

Samples: Simple Ira Custodial Agreement, Custodial Agreement

Account Designated Representative/Investment Advisor. The Depositor may appoint an account designated representative who may, but is not required to be, an investment advisor qualified under Section 3(38) of the Employee Retirement Income Security Act of 1974, to direct the investment of his/her IRA. The Depositor shall notify the Custodian in writing of any such appointment. If the account designated representative is an investment advisor, then the Depositor shall provide the Custodian a copy of the instruments appointing the investment advisor and evidencing the investment advisor's acceptance of such appointment, an acknowledgment by the investment advisor that the investment advisor is a fiduciary of the account, and a certificate evidencing the investment advisor's current registration under the Investment Advisor's Act of 1940. The Custodian shall comply with any investment directions furnished to the Custodian by the account designated representative, but only with regard to public securities, digital assets securities and investments that are traded on a recognized exchange or "over the counter" (excluding any securities issued by the Custodian), and will do so until the Custodian receives written notification from the Depositor that the account designated representative's appointment has been terminated. The Custodian shall have no duty other than to follow the written investment directions of such account designated representative subject to the provisions of this Agreement, shall be under no duty to question said instructions, and shall not be liable for any investment losses or adverse tax consequences sustained by the Depositor.

Appears in 2 contracts

Samples: Simple Ira Custodial Agreement, Roth Individual Retirement Custodial Agreement

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Account Designated Representative/Investment Advisor. The Depositor Participant may appoint an account designated representative who may, but is not required to be, an investment advisor qualified under Section 3(38) of the Employee Retirement Income Security Act of 1974, to direct the investment of his/her IRA. The Depositor Participant shall notify the Custodian in writing of any such appointment. If the account designated representative is an investment advisor, then the Depositor shall provide the Custodian a copy of the instruments appointing the investment advisor and evidencing the investment advisor's acceptance of such appointment, an acknowledgment by the investment advisor that the investment advisor is a fiduciary of the account, and a certificate evidencing the investment advisor's current registration under the Investment Advisor's Act of 1940. The Custodian shall comply with any investment directions furnished to the Custodian by the account designated representative, but only with regard to public securities, digital assets and investments that are traded on a recognized exchange or "over the counter" (excluding any securities issued by the Custodian), and will do so until the Custodian receives written notification from the Depositor Participant that the account designated representative's appointment has been terminated. The Custodian shall have no duty other than to follow the written investment directions of such account designated representative subject to the provisions of this Agreement, shall be under no duty to question said instructions, and shall not be liable for any investment losses or adverse tax consequences sustained by the DepositorParticipant.

Appears in 2 contracts

Samples: Simple Ira Custodial Agreement, Traditional Individual Retirement Custodial Agreement

Account Designated Representative/Investment Advisor. The Depositor Applicant/Plan Participant may appoint an account designated representative who may, but is not required to be, an investment advisor qualified under Section 3(38) of the Employee Retirement Income Security Act of 1974, to direct the investment of his/her IRA. The Depositor Applicant/Plan Participant shall notify the Custodian in writing of any such appointment. If the account designated representative is an investment advisor, then the Depositor Applicant/Plan Participant shall provide the Custodian a copy of the instruments appointing the investment advisor and evidencing the investment advisor's acceptance of such appointment, an acknowledgment by the investment advisor that the investment advisor is a fiduciary of the account, and a certificate evidencing the investment advisor's current registration under the Investment Advisor's Act of 1940. The Custodian shall comply with any investment directions furnished to the Custodian by the account designated representative, but only with regard to public securities, digital assets and investments that are traded on a recognized exchange or "over the counter" (excluding any securities issued by the Custodian), and will do so until the Custodian receives written notification from the Depositor Applicant/Plan Participant that the account designated representative's appointment has been terminated. The Custodian shall have no duty other than to follow the written investment directions of such account designated representative subject to the provisions of this Agreement, shall be under no duty to question said instructions, and shall not be liable for any investment losses or adverse tax consequences sustained by the Depositor.directions

Appears in 2 contracts

Samples: Custodial Agreement, Traditional Individual Retirement Custodial Agreement

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