Brokerage and Custody. Your participation in the Program requires that you establish a relationship with the Custodian and enter into the Custodial Agreement directly with the Custodian to serve as custodian of Your Brokerage Account and provide you with brokerage services. The Custodial Agreement is between the Custodian and you and pertains to the custodial and brokerage services that the Custodian provides as the broker that carries and effects transactions in Your Brokerage Account. Under the Custodial Agreement, and subject to its terms and conditions, the Custodian is generally responsible for: maintaining and recording transactions in cash and ETF shares (including fractional shares) in Your Brokerage Account; sending orders placed by Adviser to its clearing broker for execution, clearance, and settlement; and providing you with statements, confirmation e-mails (if you request them), and other information about Your Brokerage Account and transactions therein. You agree that all assets held for each of Your Brokerage Account will be held in the manner indicated in the title to Your Brokerage Account, with all the legal and equitable rights and subject to all the obligations and conditions that the form of ownership imposes. You represent that no one has an interest in Your Brokerage Account except you or others that you have previously disclosed to Adviser as part of your application to open Your Brokerage Account or in a manner authorized by Adviser. By entering into this Advisory Agreement, you authorize and instruct Adviser to place and execute orders to buy and sell ETFs on your behalf with the Custodian. You acknowledge and agree that orders for purchases or sales in Your Brokerage Account may be combined with orders for purchases or sales of ETF shares in other accounts under the Program offered to other clients of Adviser and/or with purchases or sales of ETF shares by Adviser into larger orders for aggregate transactions for each applicable ETF in the Portfolio. You agree that the Custodian will route orders to its clearing broker for execution, clearance, and settlement.
Appears in 2 contracts
Samples: Investment Advisory Agreement, Investment Advisory Agreement
Brokerage and Custody. Your participation in the Program requires that you establish a relationship with the Custodian and You enter into the Custodial Broker and Custody Agreement directly with the Custodian to serve as custodian Interactive Brokers. Your receipt of Your Brokerage Account and provide you with brokerage services. The Custodial Agreement is between the Custodian and you and pertains services pursuant to the custodial and brokerage services Program requires that the Custodian provides as the broker that carries and effects transactions in Your Brokerage You establish an Investore Account. Under the Custodial Agreement, and subject to its terms and conditions, the Custodian is generally responsible for: maintaining and recording transactions in cash and ETF shares (including fractional shares) in Your Brokerage Account; sending orders placed by Adviser to its clearing broker for execution, clearance, and settlement; and providing you with statements, confirmation e-mails (if you request them), and other information about Your Brokerage Account and transactions therein. You agree that all assets held for each of Your Brokerage Account will be held in the manner indicated in the title to Your Brokerage Account, with all the legal and equitable rights and subject to all the obligations and conditions that the form of ownership imposes. You represent that no one has an interest in Your Brokerage Account except you or others that you have previously disclosed to Adviser as part of your application to open Your Brokerage Account or in a manner authorized by Adviser. By entering into this Advisory Account Agreement, you You authorize and instruct Adviser Investore to place place, and execute Interactive to execute, orders to buy and sell ETFs securities on your Your behalf with the Custodianand at Your direction. You acknowledge and agree that orders for purchases or sales in Your Brokerage Investore Account may be combined with orders for purchases or sales of ETF shares securities in other accounts under the Program offered to other clients of Adviser and/or with purchases or sales of ETF shares securities by Adviser Investore into larger orders for aggregate transactions for each applicable ETF security in the PortfolioInvestore Account. You agree that the Custodian Investore will route introduce orders to its clearing broker Interactive for executionclearance and settlement. Clients are under no obligation to act on the investment recommendations of the experts of Investore. As stated in the Investore Terms of Use, clearanceYou will open an account with Interactive when You open an Investore Account. Investore will assist You in the process of opening that account. You acknowledge receipt of the Terms of Use at the Terms of Use which apply to the Platform and Your use of the services offered through the Program contemplated hereunder and agree to adhere to the Terms of Use throughout Your participation in the Program. Investore clients are part of the IBKR Lite Program. We prioritize the opportunity for zero- commission trades, and settlementWe believe it is in the long-term interest of Our customers to trade commission-free. We do not believe that this program is less advantageous for Our customers because Our customers are placed into long-term portfolios. The IBKR Lite Program provides some, but not all, of the services available through the IBKR Pro Program. For example, the IBKR Lite Program does not ensure a greater likelihood of procuring price improvement on clients’ trades. We currently do not offer trades through the IBKR Pro Program, but will make You aware when it becomes available through our Platform. A further comparison of the two programs is explained here.
Appears in 1 contract
Samples: Investore Account Agreement
Brokerage and Custody. Your As noted above, your participation in the Program requires that you establish a relationship with the Custodian Stackin Account and enter into the Custodial Customer Account Agreement directly with the Custodian to serve as custodian of Your Brokerage Account between you and provide you with brokerage servicesDriveWealth. The Custodial Customer Account Agreement is between the Custodian and you and pertains to the custodial and services provided by DriveWealth to effect brokerage services that the Custodian provides as the broker that carries and effects transactions in Your Brokerage your Stackin Account. Under the Custodial Customer Account Agreement, and subject to its terms and conditions, the Custodian DriveWealth is generally responsible for: (i) maintaining and recording transactions in cash and ETF shares securities (including fractional shares) in Your Brokerage your Stackin Account; (ii) sending orders placed by Adviser to its clearing broker on the Stackin Platform for execution, clearance, and settlement; and (iii) providing you with statements, confirmation e-mails (if you request them)confirmations, other required documentation, and other information about Your Brokerage your Stackin Account and transactions therein. You agree that all assets held for each of Your Brokerage Account will be held in the manner indicated in the title to Your Brokerage Account, with all the legal and equitable rights and subject to all the obligations and conditions that the form of ownership imposes. You represent that no one has an interest in Your Brokerage Account except you or others that you have previously disclosed to Adviser as part of your application to open Your Brokerage Account or in a manner authorized by Adviser. By entering into this Advisory AgreementAgreement as well as the Client Account Agreement with DriveWealth, you authorize and instruct Adviser Stackin to place place, and execute DriveWealth to execute, orders to buy and sell ETFs securities on your behalf with the Custodianand at your direction. You acknowledge and agree that orders for purchases or sales in Your Brokerage your Stackin Account may be combined with orders for purchases or sales of ETF shares securities in other accounts under client accounts. Stackin may transmit or help facilitate your requests for withdrawals or transfers from your Funding Account to the Program offered ACH Operator (as defined below) and/or the Custodian. Stackin shall have no authority to initiate any withdrawal or otherwise to transfer any securities or money out of your Stackin Account other clients than (i) fee deductions or (ii) in connection with a remedy for a restricted account or the termination of Adviser and/or your Stackin Account pursuant to the terms and conditions of this Advisory Agreement. Other than in connection with purchases an auto invest feature (as defined below), if there is such an available feature and if you have chosen to enroll in such feature (use of a debit arrangement permitted by you to periodically fund you Stackin Account), Stackin shall have no authority to help facilitate any deposit or sales of ETF shares by Adviser otherwise transfer any securities or money into larger orders for aggregate transactions for each applicable ETF in the Portfolioyour Stackin Account. You agree that it is your responsibility to review reports of execution of orders and statements of your Stackin Account promptly upon receipt. As noted above, DriveWealth will act as the Custodian will route orders to its clearing broker and qualified custodian for execution, clearance, your Stackin Account. The Program constitutes a wrap fee program whereby the Client pays a per-account fee for services provided by Stackin and settlementthe Custodian.
Appears in 1 contract
Samples: Investment Advisory Client Agreement
Brokerage and Custody. Your As noted above, your participation in the Program requires that you establish a relationship with the Custodian and enter into the Custodial Agreement directly with Customer Agreement. Your receipt of brokerage services pursuant to the Custodian to serve as custodian of Your Brokerage Account and provide Program requires that you with brokerage servicesestablish a Stash Account. The Custodial Customer Agreement is between the Custodian and you and pertains to the custodial and brokerage services that the Custodian provides as the broker that carries provided by Stash Capital and effects Apex to effect brokerage transactions in Your Brokerage your Stash Account. Under the Custodial Customer Agreement, and subject to its terms and conditions, the Custodian is Stash Capital together with Apex are generally responsible for: (i) maintaining and recording transactions in cash and ETF shares securities (including fractional shares) in Your Brokerage your Stash Account; (ii) sending orders placed by Adviser to its clearing broker Stash for execution, clearance, and settlement; and (iii) providing you with statements, confirmation e-mails (if you request them)confirmations, other required documentation, and other information about Your Brokerage your Stash Account and transactions therein. You agree that all assets held for each of Your Brokerage Account will be held in the manner indicated in the title to Your Brokerage Account, with all the legal and equitable rights and subject to all the obligations and conditions that the form of ownership imposes. You represent that no one has an interest in Your Brokerage Account except you or others that you have previously disclosed to Adviser as part of your application to open Your Brokerage Account or in a manner authorized by Adviser. By entering into this Advisory Agreement, you authorize and instruct Adviser Stash to place place, and execute Stash Capital to execute, orders to buy and sell ETFs securities on your behalf with the Custodianfor all Individual Accounts, and only at your direction for all Individual Accounts other than your Discretionary Managed Account. For more information on trading authority in your Discretionary Managed Account, refer to “II. Trading Authority and Your Instructions” in Attachment B hereto. You acknowledge and agree that orders for purchases or sales in Your Brokerage your Stash Account may be combined with orders for purchases or sales of ETF shares securities in other accounts under the Program offered to other clients of Adviser and/or with purchases or sales of ETF shares securities by Adviser Stash into larger orders for aggregate transactions for each applicable ETF security in the PortfolioStash Account. You agree that Stash Capital will introduce orders to Apex for clearance and settlement. Stash may transmit or help facilitate your requests for withdrawals or transfers to the ACH Operator (as defined below) and/or the Custodian. Stash shall have no authority to initiate any withdrawal or otherwise to transfer any securities or money out of your Stash Account other than (i) fee deductions, or (ii) in connection with the termination of your Stash Account pursuant to the terms and conditions of this Advisory Agreement. Other than in connection with our automated deposit features (as described in A ttachment A), in each case if you have chosen to enroll in one or more of such features, Stash shall have no authority to initiate any deposit or otherwise transfer any securities or money into your Stash Account. As noted above, Stash Capital, an affiliated broker-dealer of Stash, will act as the introducing broker-dealer, introducing your orders to Apex, and Apex will act as the clearing broker and qualified custodian for your Stash Account. While the Program constitutes a wrap fee program whereby the Client pays a fee for services provided by Stash and the custodial and brokerage services provided by the Custodian and the Broker under the Customer Agreement (as described in Section 11 below), the use of Stash Capital as an introducing broker-dealer creates certain conflicts of interest for Stash in that Stash Capital may receive additional revenue in connection with the Stash Accounts. For example, Stash Capital (i) will route orders receive all or a portion of certain of the ancillary expenses listed in Attachment G hereto that are paid by the Client; (ii) will share in interest earned on uninvested cash in your Stash Account (other than IRAs) held through the money market or bank sweep programs offered through the Custodian, (iii) will share in revenue earned on premiums paid on borrowed Instruments in connection with the Custodian’s optional fully paid for securities lending program, and (iv) will receive certain payments for order flow. You authorize us to its clearing effect “agency cross trades” (that is, trades in which Stash or any person controlling, controlled by, or under common control with us, acts as investment adviser to you, and as broker for executionyou and for the party or parties on the other side of the trade) for your Stash Account(s) to the extent permitted by law and consistent with this Advisory Agreement. You acknowledge that (i) we or our affiliates may receive compensation from the other party to these agency cross trades; (ii) as such, clearancewe will have a potentially conflicting division of loyalties and responsibilities regarding the parties to the transaction; and (iii) you can revoke, without penalty, your authorization at any time by written notice to us. You agree that, to the extent permitted by law and settlementconsistent with this Advisory Agreement, we may effect “adviser cross trades” involving your Stash Account(s), in which an Instrument is sold from one account advised by us or our affiliates and bought for another such advised account through a book-entry transfer. We will effect such adviser cross trades when we believe it is desirable to buy for one client securities another client owns and such trades are in the best interests of all clients involved. We will only effect adviser cross trades in securities for which market quotations are readily available. Adviser cross trades will be made via a book-entry transfer through Stash Capital or Apex, at the independent current market price of the security. Neither we, our affiliates, nor any broker-dealer through which these trades may be effected receives any commissions or other compensation in connection with adviser cross trades, although small administrative or transfer fees may be included in the price of the security bought or sold.
Appears in 1 contract
Samples: Advisory Agreement