Common use of Debits to Your Account Clause in Contracts

Debits to Your Account. All debits are accumulated daily to your account and are paid to the extent that sufficient funds are available. As an account owner, you are responsible for satisfying all debits on your account, including any debt still owed after all assets have been removed from an account, any interest (at prevailing margin rates) that has accrued on that debt, any late charges arising from your failure to pay for securities transactions in full by the settlement date, and any costs (such as legal fees) that we or The Clearing Firm incur in collecting the debt. When multiple debit items become payable at the same time, these items will be paid in the following order: • Securities transactions (including any margin calls) and any account fees. • Debit card transactions. • Checks written against your account. When settling debits against your account, it is The Clearing Firm’s policy to turn to the following sources (collectively called your “available balance”), in this order: • Any cash available in your account without incurring margin interest charges (including core account balances). • If you have a margin account, any margin credit available. If necessary, we may turn to the following additional sources to settle a debit involving a securities transaction: • Any shares in another money market fund, including any in another non-retirement account with the same registration (which you authorize us to sell for this purpose when you sign the application). • Any securities in this or any other account furnished by us in which you have an interest. Note that in some cases, delays in data transmission between financial institutions could mean that a credit actually received on a given business day may not be reflected in your available balance until the following business day. Interest on any margin debt will accrue beginning the day credit is extended and is subject to the terms of the Margin Agreement. Money market fund shares used to pay debits are redeemed at the Net Asset Value (NAV) in effect at the time (typically $1.00). For disclosures concerning money market funds, see “Money Market Fund Investments” later in this agreement. Resolving Unpaid Debts or Other Obligations You will maintain enough assets in your account to satisfy all obligations as they become due, and you authorize us or the Clearing Firm to take whatever steps we or the Clearing Firm may consider necessary to resolve unpaid debts or other obligations If your available balance is not sufficient to satisfy any debt or obligation, we and the Clearing Firm reserve the right to take action as we see fit, including any of the following: • Decline to honor the debit, which may result in fees (such as a returned check fee) or other consequences for you. • If you have a margin account and the unsatisfied debit is for a securities purchase, you authorize us to draw on any available assets in any account you maintain with us as otherwise authorized by law. If you have a margin account, we or the Clearing Firm may transfer to that account any unresolved debit from other accounts you maintain with us. Note that at any time, we or the Clearing Firm may reduce your available balance based on obligations that have been incurred but not yet debited. It is important to understand that we and the Clearing Firm have additional choices for resolving unsatisfied obligations. Like many other securities brokers, we and the Clearing Firm reserve the right to sell, transfer, or otherwise use any assets or other property in which you have an interest — either currently or at any other time — to discharge any obligations you may have to us or the Clearing Firm (including un-matured and contingent obligations), and to do so without further notice or demand. For example, if you have bought securities but not paid for them, we or the Clearing Firm may sell them ourselves and use the proceeds to settle the purchase. We or the Clearing Firm may also use property to satisfy a margin deficiency or other obligation, whether or not we or the Clearing Firm have made advances in connection with this property. This provision extends to any property held by you or carried for any account of yours, including any credit balances, assets, and contracts, as well as shares of any mutual funds or other investment companies for which we, the Clearing Firm, or an affiliate of either one provides management or administrative services. Although we or the Clearing Firm may use other methods when we determine they may be more appropriate, we or the Clearing Firm reserve the right to use the provisions described in this section at any time, except in cases involving retirement accounts when these provisions would conflict with the Employee Retirement Income Security Act of 1974 (“ERISA”) or the Internal Revenue Code of 1986, both as amended. In the event funds or securities are deposited to your account due to an error by us or the Clearing Firm, we reserve the right to debit your account for any such assets. If such funds or securities are subsequently removed by you from your account, we reserve the right to take any action necessary, including legal action, to retrieve assets to which you were not entitled.

Appears in 3 contracts

Samples: Customer Agreement, Customer Agreement, Customer Agreement

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Debits to Your Account. All debits are accumulated daily to your account debit items (including checks, securities purchases, and electronic transfers of money) are paid daily to the extent that sufficient funds are available. Note that debits to resolve securities transactions or the payment of account fees will be given priority over other debits, such as checks. As an account owner, you are responsible for satisfying all debits on your account, including any debt still owed debit balance outstanding after all assets have been removed from an account, any interest (at prevailing margin rates) that has accrued on that debt, any late charges arising from your failure to pay for securities transactions in full by the settlement date, and any costs (such as legal fees) that we or The Clearing Firm incur in collecting the debtdebit. When multiple debit items become payable If a check issued to you from your account remains uncashed and outstanding for at least six months, you authorize and instruct Fidelity to cancel the same time, these items will be paid in check and return the following order: • Securities transactions (including any margin calls) and any account fees. • Debit card transactions. • Checks written against underlying pro- ceeds to you by depositing the proceeds into your account’s core position. When settling debits against your accountTo help ensure the proper discharge of debits, it is The Clearing Firm’s our policy to turn to the following sources (collectively called your “available balance”)sources, in this order, when settling debits against your account: • Any cash available any money that is added to your account (such as checks, interest, or transaction proceeds) on the same day the debit is applied • any money in your account without incurring margin interest charges (including core account balances). If you have a margin account, any margin credit available. If necessary, we may turn to the following additional sources to settle a debit involving a securities transaction: • Any shares in another a Fidelity money market fund, including any fund held in this or another non-brokerage retirement account with that has the same registration (which you authorize us to sell for this purpose when you sign the application). ) Any any other securities in this or any other another brokerage retirement account furnished by us in which you have an interest. Note that in some cases, delays in data transmission between financial institutions could mean that a credit actually received on a given business day may not be reflected in your available balance until the following business day. Interest on any margin debt will accrue beginning the day credit is extended and is subject to the terms of the Margin Agreement. Money market fund shares used to pay debits are redeemed at the Net Asset Value (NAV) share price in effect at the time (typically $1.00). For disclosures concerning concern- ing money market funds, see “Money Market Fund Investments” later in the “Disclosures” section of this agreement. Note that distributions from a Fidelity retirement plan account are subject to certain plan and IRS restrictions. Resolving Unpaid Debts unpaid Obligations or Other Obligations You will maintain If the sources listed above in “Debits to Your Account” (which are defined as your “available balance” for purposes of this agreement) are not enough assets in your account to satisfy all obligations as they become due, and you authorize us or the Clearing Firm to take whatever steps we or the Clearing Firm may consider necessary to resolve unpaid debts or other obligations If your available balance is not sufficient to satisfy any debt or obligationa given debit, we and the Clearing Firm reserve the right to take action as we see fit, including any of the following: • Decline declining to honor the debit, which may result in fees (such as a returned check fee) or other consequences for you. • If you have a margin account and the unsatisfied debit is for a securities purchase, you authorize us to draw on any available assets in any account you maintain with us as otherwise authorized by law. If you have a margin account, we or the Clearing Firm may transfer to that account any unresolved debit from other accounts you maintain with us. Note that at any time, we or the Clearing Firm may reduce your available balance based on to cover obligations that have been incurred occurred but not yet debitedbeen debited including but not limited to withholding taxes that should have been deducted from your account. It is important to understand that we and the Clearing Firm do have additional choices for resolving unsatisfied obligations. Like many other securities brokers, we and the Clearing Firm reserve the right to sell, transfer, sell or otherwise use any assets or other property in which you have an interest — either currently or at any other time — account to discharge any obligations you the account owner(s) may have to us or the Clearing Firm (including un-matured includ- ing unmatured and contingent obligations), and to do so without further notice or demand. For example, if you have bought securities but not paid for them, we or the Clearing Firm may sell them ourselves and use the proceeds to settle the purchase. We or the Clearing Firm may also use property to satisfy a margin deficiency or other obligation, whether or not we or the Clearing Firm have made advances in connection with this property. This provision extends to any property held by you or carried for any account of yours, including any credit balances, assets, and contracts, as well as shares of any mutual funds or other investment companies for which we, the Clearing Firm, or an affiliate of either one provides management or administrative services. Although we or the Clearing Firm Fidelity may use other methods when we determine it determines they may be more appropriate, we or the Clearing Firm reserve Fidelity reserves the right to use the provisions described in this section at any time, except in cases involving retirement accounts when these provisions they would conflict with the Employee Retirement Income Security Act of 1974 (ERISA) or the Internal Revenue Code of 1986, both as amended. In Transaction settlement Deadlines Generally, you need to pay for all transactions or deliver all securities by 2 p.m. Eastern time on the event funds or securities are deposited to your account due to an error by us or the Clearing Firm, we settlement date. We reserve the right to debit cancel or liquidate, at your account for risk, any such assets. If such funds or securities are subsequently removed by you from your account, we reserve the right to take any action necessary, including legal action, to retrieve assets to which you were transaction not entitledsettled in a timely way.

Appears in 1 contract

Samples: www.fidelity.com

Debits to Your Account. All debits are accumulated daily to your account and are paid to the extent that sufficient funds are available. As an account owner, you are responsible for satisfying all debits on your account, including any debt still owed after all assets have been removed from an account, any interest (at prevailing margin rates) that has accrued on that debt, any late charges arising from your failure to pay for securities transactions in full by the settlement date, and any costs (such as legal fees) that we or The Clearing Firm incur in collecting the debt. When multiple debit items become payable at the same time, these items will be paid in the following order: • Securities transactions (including any margin calls) and any account fees. • Debit card transactions. • Checks written against your account. When settling debits against your account, it is The Clearing Firm’s policy to turn to the following sources (collectively called your “available balance”), in this order: • Any cash available in your account without incurring margin interest charges (including core account balances). • If you have a margin account, any margin credit available. If necessary, we may turn to the following additional sources to settle a debit involving a securities transaction: • Any shares in another money market fund, including any in another non-retirement account with the same registration (which you authorize us to sell for this purpose when you sign the application). • Any securities in this or any other account furnished by us in which you have an interest. Note that in some cases, delays in data transmission between financial institutions could mean that a credit actually received on a given business day may not be reflected in your available balance until the following business day. Interest on any margin debt will accrue beginning the day credit is extended and is subject to the terms of the Margin Agreement. Money market fund shares used to pay debits are redeemed at the Net Asset Value (NAV) in effect at the time (typically $1.00). For disclosures concerning money market funds, see “Money Market Fund Investments” later in this agreement. Resolving Unpaid Debts or Other Obligations You will maintain enough assets in your account to satisfy all obligations as they become due, and you authorize us or the The Clearing Firm to take whatever steps we or the The Clearing Firm may consider necessary to resolve unpaid debts or other obligations If your available balance is not sufficient to satisfy any debt or obligation, we and the The Clearing Firm reserve the right to take action as we see fit, including any of the following: • Decline to honor the debit, which may result in fees (such as a returned check fee) or other consequences for you. • If you have a margin account and the unsatisfied debit is for a securities purchase, you authorize us to draw on any available assets in any account you maintain with us as otherwise authorized by law. If you have a margin account, we or the The Clearing Firm may transfer to that account any unresolved debit from other accounts you maintain with us. Note that at any time, we or the The Clearing Firm may reduce your available balance based on obligations that have been incurred but not yet debited. It is important to understand that we and the The Clearing Firm have additional choices for resolving unsatisfied obligations. Like many other securities brokers, we and the The Clearing Firm reserve the right to sell, transfer, or otherwise use any assets or other property in which you have an interest — either currently or at any other time — to discharge any obligations you may have to us or the The Clearing Firm (including un-un- matured and contingent obligations), and to do so without further notice or demand. For example, if you have bought securities but not paid for them, we or the The Clearing Firm may sell them ourselves and use the proceeds to settle the purchase. We or the The Clearing Firm may also use property to satisfy a margin deficiency or other obligation, whether or not we or the The Clearing Firm have made advances in connection with this property. This provision extends to any property held by you or carried for any account of yours, including any credit balances, assets, and contracts, as well as shares of any mutual funds or other investment companies for which we, the The Clearing Firm, or an affiliate of either one provides management or administrative services. Although we or the The Clearing Firm may use other methods when we determine they may be more appropriate, we or the The Clearing Firm reserve the right to use the provisions described in this section at any time, except in cases involving retirement accounts when these provisions would conflict with the Employee Retirement Income Security Act of 1974 (“ERISA”) or the Internal Revenue Code of 1986, both as amended. In the event funds or securities are deposited to your account due to an error by us or the Clearing Firm, we reserve the right to debit your account for any such assets. If such funds or securities are subsequently removed by you from your account, we reserve the right to take any action necessary, including legal action, to retrieve assets to which you were not entitled.

Appears in 1 contract

Samples: Customer Agreement

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Debits to Your Account. All debits are accumulated daily to your account and are paid to the extent that sufficient funds are available. As an account owner, you are responsible for satisfying all debits on your account, including any debt still owed after all assets have been removed from an account, any interest (at prevailing margin rates) that has accrued on that debt, any late charges arising from your failure to pay for securities transactions in full by the settlement date, and any costs (such as legal fees) that we or The Clearing Firm NFS incur in collecting the debt. When multiple debit items become payable at the same time, these items will be paid in the following order: • Securities transactions (including any margin calls) and any account fees. ; • Debit card transactions. ; • Checks written against your account. When settling debits against your account, it is The Clearing FirmNFS’s policy to turn to the following sources (collectively called your “available balance”), ) in this order: • Any cash available in your account without incurring margin interest charges (including both core and income account balances). ; • If you have a margin account, any margin credit available. If necessary, we may turn to the following additional sources to settle a debit involving a securities transaction: ; • Any shares in another money market fund, including any in another non-retirement non−retirement account with the same registration (which you authorize us to sell for this purpose when you sign the application). ; • Any securities in this or any other account furnished by us in which you have an interest. Note that in some cases, delays in data transmission between financial institutions could mean that a credit actually received on a given business day may not be reflected in your available balance until the following business day. Interest on any margin debt will accrue beginning the day credit is extended and is subject to the terms of the attached Margin AgreementAgreement and Disclosure of Credit Terms on Transactions. Money market fund shares used to pay debits are redeemed at the Net Asset Value (NAV) NAV in effect at the time (typically $1.00). For disclosures concerning money market funds, see “Money Market Fund Investments” later in this agreement. Resolving Unpaid Debts or Other Obligations You will maintain enough assets in your account to satisfy all obligations as they become due, and you authorize us or the Clearing Firm to take whatever steps we or the Clearing Firm may consider necessary to resolve unpaid debts or other obligations If your available balance is not sufficient to satisfy any debt or obligation, we and the Clearing Firm reserve the right to take action as we see fit, including any of the following: • Decline to honor the debit, which may result in fees (such as a returned check fee) or other consequences for you. • If you have a margin account and the unsatisfied debit is for a securities purchase, you authorize us to draw on any available assets in any account you maintain with us as otherwise authorized by law. If you have a margin account, we or the Clearing Firm may transfer to that account any unresolved debit from other accounts you maintain with us. Note that at any time, we or the Clearing Firm may reduce your available balance based on obligations that have been incurred but not yet debited. It is important to understand that we and the Clearing Firm have additional choices for resolving unsatisfied obligations. Like many other securities brokers, we and the Clearing Firm reserve the right to sell, transfer, or otherwise use any assets or other property in which you have an interest — either currently or at any other time — to discharge any obligations you may have to us or the Clearing Firm (including un-matured and contingent obligations), and to do so without further notice or demand. For example, if you have bought securities but not paid for them, we or the Clearing Firm may sell them ourselves and use the proceeds to settle the purchase. We or the Clearing Firm may also use property to satisfy a margin deficiency or other obligation, whether or not we or the Clearing Firm have made advances in connection with this property. This provision extends to any property held by you or carried for any account of yours, including any credit balances, assets, and contracts, as well as shares of any mutual funds or other investment companies for which we, the Clearing Firm, or an affiliate of either one provides management or administrative services. Although we or the Clearing Firm may use other methods when we determine they may be more appropriate, we or the Clearing Firm reserve the right to use the provisions described in this section at any time, except in cases involving retirement accounts when these provisions would conflict with the Employee Retirement Income Security Act of 1974 (“ERISA”) or the Internal Revenue Code of 1986, both as amended. In the event funds or securities are deposited to your account due to an error by us or the Clearing Firm, we reserve the right to debit your account for any such assets. If such funds or securities are subsequently removed by you from your account, we reserve the right to take any action necessary, including legal action, to retrieve assets to which you were not entitled.

Appears in 1 contract

Samples: Customer Agreement

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