Common use of INDIVIDUAL RETIREMENT CUSTODIAL ACCOUNT AGREEMENT Clause in Contracts

INDIVIDUAL RETIREMENT CUSTODIAL ACCOUNT AGREEMENT. a beneficiary(ies) shall not be required for you to revoke a beneficiary designation. If you have designated both primary and contingent beneficiaries and no primary beneficiary(ies) survives you, the contingent beneficiary(ies) shall acquire the designated share of your IRA. If you do not desig- nate a beneficiary, or if all of your primary and contingent beneficiary(ies) predecease you, your estate will be the beneficiary. A spouse beneficiary shall have all rights as granted under the Code or applicable Regulations to treat your IRA as his or her own. We may allow, if permitted by state law, an original IRA beneficiary(ies) (the beneficiary(ies) who is entitled to receive distribution(s) from an inherited IRA at the time of your death) to name a successor beneficiary(ies) for the inherited IRA. This designation can only be made on a form provided by or acceptable to us, and it will only be effective when it is filed with us during the original IRA beneficiary’s(ies’) lifetime. Un- less otherwise specified, each beneficiary designation form that the original IRA beneficiary(ies) files with us will cancel all previous ones. The consent of a successor beneficiary(ies) shall not be required for the original IRA beneficiary(ies) to revoke a successor beneficiary(ies) designation. If the original IRA beneficiary(ies) does not designate a succes- sor beneficiary(ies), his or her estate will be the successor beneficiary. In no event shall the successor beneficiary(ies) be able to extend the distribution period beyond that required for the original IRA beneficiary. Minor Named as Beneficiary – If upon the death of the original account owner, a Beneficiary known by the Custodian (Xxxxxx, Xxxxxxxx & Company, Incorporated) to be a minor or otherwise under a legal disability is entitled to receive any or all of the undistributed assets of the account, the Custodian may, in its absolute discretion make all or any part of the distribution to 1) the Legal Guardian, Conservator, or other legal representative as authorized and appointed by the court under the minor benefi- ciary’s applicable state law or 2) a custodian appointed for such Beneficiary, by the original account holder, under the Uniform Gift to Minors Act (UGMA) or Uniform Transfer to Minors Act (UTMA) or similar act. The designated Custodian under UGMA or UTMA must be in writing and filed with Xxxxxx, Xxxxxxxx & Company, Incorporated prior to the death of the original account holder. The minor shall be deemed to be a minor until such Benefi- ciary reaches 1) the age of majority under the law of the state of the minor’s domicile or 2) a later age for termination of minor status, if state law allows, but in no event later than age 25, as designated by the Investor in the Beneficiary designa- tion accepted by the Custodian. Minors are not legally able to sign contracts, including account agreements to open an Inherited Beneficiary IRA account. If you fail to name an UTMA custodian, then a Legal Guard- xxx, Conservator, or other legal representative will have to be appointed by the appropriate court. The appropriate court- appointed representative would then have the right to act as the guardian/custodian for the minor and open the Inherited Beneficiary IRA. Please seek competent legal advice before making such a designation. owner to designate beneficiaries to receive the account following the death of the owner. On accounts that permit beneficiary designation, a check box appears on the benefi- ciary designation form that, when checked, shall serve as the account owner’s direction that, in the event that a beneficiary predeceases the account owner, the deceased beneficiary’s share shall be distributed to his or her lineal descendants by representation (Xxx Xxxxxxx). The shares distributable to descendants under a per stirpes beneficiary designation shall be determined by the law of the state of the account owner’s residence at the time of the account owner’s death. Stifel, in its sole discretion, may determine not to make a distribution of the account to per stirpes or other unnamed beneficiaries unless and until Stifel has been instructed by the deceased account owner’s court-appointed personal representative (e.g., executor, administrator) regarding the persons entitled to receive per stirpes distribution and their respective shares. The account owner agrees, on behalf of himself or herself personally and the account owner’s Estate, heirs, executors, administrators, successors, and assigns, to release, indemnify, defend, and hold harmless Stifel, and its parent, subsidiaries, and affiliates and their respective past and present officers, directors, shareholders, employees, agents, affiliates, successors, and assigns, against and from any and all claims or liabilities, taxes, damages, or expenses (including without limitation judgments, amounts paid in settlement, and/ or attorney’s fees), of any kind or of any nature whatsoever, that may arise from, or relate to, Xxxxxx’x reliance on information provided by the account owner’s said personal representative.

Appears in 1 contract

Samples: Account Agreement

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INDIVIDUAL RETIREMENT CUSTODIAL ACCOUNT AGREEMENT. a beneficiary(iesfunctional capacity, or (3) shall requires substantial supervision to protect the individual from threats to health and safety due to severe cognitive impairment). Note that certain trust beneficiaries (e.g., certain trusts for disabled and chronically ill individuals) may take distribution of the entire amount remaining in your account over the remaining life expectancy of the trust beneficiary. Generally, life expectancy distributions to an eligible designated beneficiary must commence by December 31 of the year following the year of your death. However, if your spouse is the eligible designated beneficiary, distributions need not be required for commence until December 31 of the year you would have attained age 72, if later. If your eligible designated beneficiary is your minor child, life expectancy payments must begin by December 31 of the year following the year of your death and continue until the child reaches the age of majority. Once the age of majority is reached, the beneficiary will have 10 years to revoke deplete the account. If a beneficiary designationother than a person (e.g., your estate, a charity, or a certain type of trust) is named, you will be treated as having no designated beneficiary of your IRA for purposes of determining the distribution period. If you have die before your required beginning date and there is no designated both primary and contingent beneficiaries and no primary beneficiary(ies) survives you, the contingent beneficiary(ies) shall acquire the designated share beneficiary of your IRA, the entire IRA must be distributed by December 31 of the year containing the fifth anniversary of your death. If you do not desig- nate a beneficiary, die on or if all after your required beginning date and there is no designated beneficiary of your primary and contingent beneficiary(ies) predecease youIRA, distributions will commence using your estate will be the beneficiarysingle life expectancy, reduced by one in each subsequent year. A spouse who is the sole designated beneficiary shall have all rights as granted under the Code or applicable Regulations of your entire IRA will be deemed to elect to treat your IRA as his or her ownown by either (1) making contributions to your IRA or (2) failing to timely remove a required minimum distribution from your IRA. We may allow, if permitted by state law, an original IRA beneficiary(ies) (Regard- less of whether or not the beneficiary(ies) who spouse is entitled to receive distribution(s) from an inherited IRA at the time sole designated benefi- ciary of your death) to name IRA, a successor beneficiary(ies) for the inherited IRA. This designation can only be made on a form provided by or acceptable to us, and it will only be effective when it is filed with us during the original IRA beneficiary’s(ies’) lifetime. Un- less otherwise specified, each spouse beneficiary designation form that the original IRA beneficiary(ies) files with us will cancel all previous ones. The consent of a successor beneficiary(ies) shall not be required for the original IRA beneficiary(ies) to revoke a successor beneficiary(ies) designation. If the original IRA beneficiary(ies) does not designate a succes- sor beneficiary(ies), may roll over his or her estate will be the successor beneficiary. In no event shall the successor beneficiary(ies) be able to extend the distribution period beyond that required for the original IRA beneficiary. Minor Named as Beneficiary – If upon the death share of the original account owner, a Beneficiary known by the Custodian (Xxxxxx, Xxxxxxxx & Company, Incorporated) to be a minor or otherwise under a legal disability is entitled to receive any or all of the undistributed assets of the account, the Custodian may, in its absolute discretion make all or any part of the distribution to 1) the Legal Guardian, Conservator, or other legal representative as authorized and appointed by the court under the minor benefi- ciary’s applicable state law or 2) a custodian appointed for such Beneficiary, by the original account holder, under the Uniform Gift to Minors Act (UGMA) or Uniform Transfer to Minors Act (UTMA) or similar act. The designated Custodian under UGMA or UTMA must be in writing and filed with Xxxxxx, Xxxxxxxx & Company, Incorporated prior to the death of the original account holder. The minor shall be deemed to be a minor until such Benefi- ciary reaches 1) the age of majority under the law of the state of the minor’s domicile or 2) a later age for termination of minor status, if state law allows, but in no event later than age 25, as designated by the Investor in the Beneficiary designa- tion accepted by the Custodian. Minors are not legally able to sign contracts, including account agreements to open an Inherited Beneficiary IRA account. If you fail to name an UTMA custodian, then a Legal Guard- xxx, Conservator, or other legal representative will have to be appointed by the appropriate court. The appropriate court- appointed representative would then have the right to act as the guardian/custodian for the minor and open the Inherited Beneficiary IRA. Please seek competent legal advice before making such a designation. owner to designate beneficiaries to receive the account following the death of the owner. On accounts that permit beneficiary designation, a check box appears on the benefi- ciary designation form that, when checked, shall serve as the account owner’s direction that, in the event that a beneficiary predeceases the account owner, the deceased beneficiary’s share shall be distributed to his or her lineal descendants by representation (Xxx Xxxxxxx)own IRA. The shares distributable to descendants under a per stirpes beneficiary designation shall be determined by the law of the state of the account owner’s residence at the time of the account owner’s death. StifelIf we so choose, in its sole discretion, may determine not to make a distribution of the account to per stirpes or other unnamed beneficiaries unless and until Stifel has been instructed by the deceased account owner’s court-appointed personal representative for any reason (e.g., executor, administrator) regarding the persons entitled due to receive per stirpes distribution and their respective shares. The account owner agrees, on behalf limitations of himself our charter or herself personally and the account owner’s Estate, heirs, executors, administrators, successors, and assigns, to release, indemnify, defend, and hold harmless Stifel, and its parent, subsidiaries, and affiliates and their respective past and present officers, directors, shareholders, employees, agents, affiliates, successors, and assigns, against and from any and all claims or liabilities, taxes, damages, or expenses (including without limitation judgments, amounts paid in settlement, and/ or attorney’s feesbylaws), we may require that a beneficiary of a deceased IRA owner take total distribution of all IRA assets by December 31 of the year following the year of death. If your beneficiary fails to remove a required minimum distribu- tion after your death, an additional penalty tax of 50 percent is imposed on the amount of the required minimum distribution that should have been taken but was not. Your beneficiary must file IRS Form 5329 along with his or her income tax return to report and remit any kind or of any nature whatsoeveradditional taxes to the IRS. $125,000 limit is subject to cost-of-living adjustments each year. When calculating your RMD, that you may arise from, or relate to, Xxxxxx’x reliance on information provided reduce the prior year-end account value by the account owner’s said personal representativevalue of QLACs that your IRA holds as investments. For more information on QLACs, you may wish to refer to the IRS website at xxx.xxx.xxx.

Appears in 1 contract

Samples: Account Agreement

INDIVIDUAL RETIREMENT CUSTODIAL ACCOUNT AGREEMENT. We reserve the right to do any one of the following by April 1 of the year following the year in which you turn age 70½. (a) Make no distribution until you give us a beneficiary(iesproper withdrawal request, (b) shall not be Distribute your entire IRA to you in a single sum payment, or (c) Determine your required for minimum distribution each year based on your life expectancy calculated using the Uniform Lifetime Table, and pay those distributions to you to revoke a beneficiary designationuntil you direct otherwise. If you fail to remove a required minimum distribution, an ad- ditional penalty tax of 50 percent is imposed on the amount of the required minimum distribution that should have been taken but was not. You must file IRS Form 5329 along with your income tax return to report and remit any additional taxes to the IRS. 3. Your designated both primary and contingent beneficiary is determined based on the ben- eficiaries designated as of the date of your death, who remain your beneficiaries and as of September 30 of the year following the year of your death. If you die on or after your required beginning date, distribu- tions must be made to your beneficiaries over the longer of the single life expectancy of your designated beneficiaries, or your remaining life expectancy. If a beneficiary other than a person or qualified trust as defined in the Treasury Regula- tions is named, you will be treated as having no primary beneficiary(ies) survives you, designated beneficiary of your IRA for purposes of determining the contingent beneficiary(ies) shall acquire the distribution period. If there is no designated share beneficiary of your IRA, distributions will commence using your single life expectancy, reduced by one in each subsequent year. If you do not desig- nate a die before your required beginning date, the entire amount remaining in your account will, at the election of your designated beneficiaries, either: (a) Be distributed by December 31 of the year containing the fifth anniversary of your death, or (b) Be distributed over the remaining life expectancy of your designated beneficiaries. If your spouse is your sole designated beneficiary, he or if all she must elect either option (a) or (b) by the earlier of December 31 of the year containing the fifth anniversary of your primary and contingent beneficiary(iesdeath, or December 31 of the year life expectancy payments would be required to begin. Your designated beneficiaries, other than a spouse who is the sole designated beneficiary, must elect either option (a) predecease youor (b) by December 31 of the year following the year of your death. If no election is made, your estate distribution will be calculated in accordance with option (b). In the case of distributions under option (b), dis- tributions must commence by December 31 of the year following the year of your death. Generally, if your spouse is the designat- ed beneficiary, distributions need not commence until December 31 of the year you would have attained age 70½, if later. If a beneficiary other than a person or qualified trust as defined in the Treasury Regulations is named, you will be treated as having no designated beneficiary of your IRA for purposes of determining the distribution period. If there is no designated beneficiary of your IRA, the entire IRA must be distributed by December 31 of the year containing the fifth anniversary of your death. A spouse who is the sole designated beneficiary shall have all rights as granted under the Code or applicable Regulations of your entire IRA will be deemed to elect to treat your IRA as his or her ownown by either (1) making contributions to your IRA or (2) failing to timely remove a required minimum distribution from your IRA. We may allow, if permitted by state law, an original IRA beneficiary(ies) (Regardless of whether or not the beneficiary(ies) who spouse is entitled to receive distribution(s) from an inherited IRA at the time sole designated beneficiary of your death) to name IRA, a successor beneficiary(ies) for the inherited IRA. This designation can only be made on a form provided by or acceptable to us, and it will only be effective when it is filed with us during the original IRA beneficiary’s(ies’) lifetime. Un- less otherwise specified, each spouse beneficiary designation form that the original IRA beneficiary(ies) files with us will cancel all previous ones. The consent of a successor beneficiary(ies) shall not be required for the original IRA beneficiary(ies) to revoke a successor beneficiary(ies) designation. If the original IRA beneficiary(ies) does not designate a succes- sor beneficiary(ies), may roll over his or her estate will be the successor beneficiary. In no event shall the successor beneficiary(ies) be able to extend the distribution period beyond that required for the original IRA beneficiary. Minor Named as Beneficiary – If upon the death share of the original account owner, a Beneficiary known by the Custodian (Xxxxxx, Xxxxxxxx & Company, Incorporated) to be a minor or otherwise under a legal disability is entitled to receive any or all of the undistributed assets of the account, the Custodian may, in its absolute discretion make all or any part of the distribution to 1) the Legal Guardian, Conservator, or other legal representative as authorized and appointed by the court under the minor benefi- ciary’s applicable state law or 2) a custodian appointed for such Beneficiary, by the original account holder, under the Uniform Gift to Minors Act (UGMA) or Uniform Transfer to Minors Act (UTMA) or similar act. The designated Custodian under UGMA or UTMA must be in writing and filed with Xxxxxx, Xxxxxxxx & Company, Incorporated prior to the death of the original account holder. The minor shall be deemed to be a minor until such Benefi- ciary reaches 1) the age of majority under the law of the state of the minor’s domicile or 2) a later age for termination of minor status, if state law allows, but in no event later than age 25, as designated by the Investor in the Beneficiary designa- tion accepted by the Custodian. Minors are not legally able to sign contracts, including account agreements to open an Inherited Beneficiary IRA account. If you fail to name an UTMA custodian, then a Legal Guard- xxx, Conservator, or other legal representative will have to be appointed by the appropriate court. The appropriate court- appointed representative would then have the right to act as the guardian/custodian for the minor and open the Inherited Beneficiary IRA. Please seek competent legal advice before making such a designation. owner to designate beneficiaries to receive the account following the death of the owner. On accounts that permit beneficiary designation, a check box appears on the benefi- ciary designation form that, when checked, shall serve as the account owner’s direction that, in the event that a beneficiary predeceases the account owner, the deceased beneficiary’s share shall be distributed to his or her lineal descendants by representation (Xxx Xxxxxxx)own IRA. The shares distributable to descendants under a per stirpes beneficiary designation shall be determined by the law of the state of the account owner’s residence at the time of the account owner’s death. StifelIf we so choose, in its sole discretion, may determine not to make a distribution of the account to per stirpes or other unnamed beneficiaries unless and until Stifel has been instructed by the deceased account owner’s court-appointed personal representative for any reason (e.g., executor, administrator) regarding the persons entitled due to receive per stirpes distribution and their respective shares. The account owner agrees, on behalf limitations of himself our charter or herself personally and the account owner’s Estate, heirs, executors, administrators, successors, and assigns, to release, indemnify, defend, and hold harmless Stifel, and its parent, subsidiaries, and affiliates and their respective past and present officers, directors, shareholders, employees, agents, affiliates, successors, and assigns, against and from any and all claims or liabilities, taxes, damages, or expenses (including without limitation judgments, amounts paid in settlement, and/ or attorney’s feesbylaws), we may require that a beneficiary of a deceased IRA owner take total distribution of all IRA assets by December 31 of the year following the year of death. If your beneficiary fails to remove a required minimum distribu- tion after your death, an additional penalty tax of 50 percent is imposed on the amount of the required minimum distribution that should have been taken but was not. Your beneficiary must file IRS Form 5329 along with his or her income tax return to report and remit any kind or of any nature whatsoever, that may arise from, or relate to, Xxxxxx’x reliance on information provided by additional taxes to the account owner’s said personal representativeIRS.

Appears in 1 contract

Samples: Account Agreement

INDIVIDUAL RETIREMENT CUSTODIAL ACCOUNT AGREEMENT. a beneficiary(ies) shall not be required for you 1. Notwithstanding any provision of this agreement to revoke a beneficiary designation. If you have designated both primary and contingent beneficiaries and no primary beneficiary(ies) survives youthe contrary, the contingent beneficiary(iesdistribution of the depositor’s interest in the custodial account shall be made in accordance with the following requirements and shall otherwise comply with Section 408(a)(6) shall acquire and the designated share regulations there- under, the provisions of your IRAwhich are herein incorporated by reference. 2. If you do not desig- nate a beneficiaryThe depositor’s entire interest in the custodial account must be, or if all begin to be, distributed not later than the depositor’s required beginning date, April 1 following the calendar year in which the de- positor reaches age 70½. By that date, the depositor may elect, in a manner acceptable to the custodian, to have the balance in the custodial account distributed in: (a) a single sum or (b) payments over a period not longer than the life of your primary the depositor or the joint lives of the depositor and contingent beneficiary(ies) predecease you, your estate will be the beneficiary. A spouse beneficiary shall have all rights as granted under the Code or applicable Regulations to treat your IRA as his or her own. We may allow, if permitted by state law, an original IRA beneficiary(ies) (the beneficiary(ies) who is entitled to receive distribution(s) from an inherited IRA at the time of your death) to name a successor beneficiary(ies) for the inherited IRA. This designation can only be made on a form provided by or acceptable to us, and it will only be effective when it is filed with us during the original IRA beneficiary’s(ies’) lifetime. Un- less otherwise specified, each beneficiary designation form that the original IRA beneficiary(ies) files with us will cancel all previous ones. The consent of a successor beneficiary(ies) shall not be required for the original IRA beneficiary(ies) to revoke a successor beneficiary(ies) designationdesignated beneficiary. 3. If the original IRA beneficiary(ies) does not designate a succes- sor beneficiary(ies), depositor dies before his or her estate entire interest is distributed to him or her, the remaining interest will be distributed as follows: (a) If the successor beneficiarydepositor dies on or after the required beginning date and: (i) The designated beneficiary is the depositor’s surviving spouse, the remaining interest will be distributed over the surviving spouse’s life expectancy as determined each year until such spouse’s death, or over the period in paragraph (a)(iii) below if longer. In no event shall Any interest remaining after the successor beneficiary(ies) spouse’s death will be able to extend distributed over such spouse’s remaining life expectancy as determined in the distribution period beyond that required for the original IRA beneficiary. Minor Named as Beneficiary – If upon the death year of the original account ownerspouse’s death and reduced by one for each subsequent year, a Beneficiary known by or, if distributions are being made over the Custodian period in paragraph (Xxxxxxa)(iii) below, Xxxxxxxx & Company, Incorporatedover such period. (ii) to be a minor or otherwise under a legal disability The designated beneficiary is entitled to receive any or all of not the undistributed assets of the accountdepositor’s surviv- ing spouse, the Custodian may, in its absolute discretion make all or any part of remaining interest will be distributed over the distribution to 1) the Legal Guardian, Conservator, or other legal representative beneficiary’s remaining life expectancy as authorized and appointed by the court under the minor benefi- ciary’s applicable state law or 2) a custodian appointed for such Beneficiary, by the original account holder, under the Uniform Gift to Minors Act (UGMA) or Uniform Transfer to Minors Act (UTMA) or similar act. The designated Custodian under UGMA or UTMA must be in writing and filed with Xxxxxx, Xxxxxxxx & Company, Incorporated prior to the death of the original account holder. The minor shall be deemed to be a minor until such Benefi- ciary reaches 1) the age of majority under the law of the state of the minor’s domicile or 2) a later age for termination of minor status, if state law allows, but in no event later than age 25, as designated by the Investor determined in the Beneficiary designa- tion accepted by the Custodian. Minors are not legally able to sign contracts, including account agreements to open an Inherited Beneficiary IRA account. If you fail to name an UTMA custodian, then a Legal Guard- xxx, Conservator, or other legal representative will have to be appointed by the appropriate court. The appropriate court- appointed representative would then have the right to act as the guardian/custodian for the minor and open the Inherited Beneficiary IRA. Please seek competent legal advice before making such a designation. owner to designate beneficiaries to receive the account year following the death of the owner. On accounts that permit beneficiary designationdepositor and reduced by one for each subsequent year, a check box appears on or over the benefi- ciary designation form thatperiod in paragraph (a)(iii) below if longer. (iii) There is no designated beneficiary, when checkedthe remaining interest will be distributed over the remaining life expectancy of the depositor as determined in the year of the depositor’s death and reduced by one for each subsequent year. (b) If the depositor dies before the required beginning date, shall serve as the account owner’s direction thatremaining interest will be distributed in accordance with (i) below or, if elected or there is no designated beneficiary, in accordance with paragraph (ii) below. (i) The remaining interest will be distributed in accordance with paragraphs (a)(i) and (a)(ii) above (but not over the event that a beneficiary predeceases period in paragraph (a)(iii), even if longer), starting by the account ownerend of the calendar year following the year of the deposi- tor’s death. If, however, the deceased designated beneficiary is the depositor’s surviving spouse, then this distribution is not required to begin before the end of the calendar year in which the depositor would have reached age 70½. But, in such case, if the depositor’s surviving spouse dies be- fore distributions are required to begin, then the remain- ing interest will be distributed in accordance with (a)(ii) above (but not over the period in paragraph (a)(iii), even if longer), over such spouse’s designated beneficiary’s share shall life expectancy, or in accordance with (ii) below if there is no such designated beneficiary. (ii) The remaining interest will be distributed to by the end of the calendar year containing the fifth anniversary of the depositor’s death. 4. If the depositor dies before his or her lineal descendants by representation (Xxx Xxxxxxx)entire interest has been distrib- uted and if the designated beneficiary is not the depositor’s surviving spouse, no additional contributions may be accepted in the account. 5. The shares distributable to descendants minimum amount that must be distributed each year, begin- ning with the year containing the depositor’s required beginning date, is known as the “required minimum distribution” and is determined as follows. (a) The required minimum distribution under a per stirpes beneficiary designation shall be determined paragraph 2(b) for any year, beginning with the year the depositor reaches age 70½, is the depositor’s account value at the close of busi- ness on December 31 of the preceding year divided by the law distribution period in the uniform lifetime table in Regulations Section 1.401(a)(9)-9. However, if the depositor’s designated beneficiary is his or her surviving spouse, the required mini- mum distribution for a year shall not be more than the deposi- tor’s account value at the close of business on December 31 of the state preceding year divided by the number in the joint and last survivor table in Regulations Section 1.401(a)(9)-9. The required minimum distribution for a year under this paragraph (a) is determined using the depositor’s (or, if applicable, the depositor and spouse’s) attained age (or ages) in the year. (b) The required minimum distribution under paragraphs 3(a) and 3(b)(i) for a year, beginning with the year following the year of the depositor’s death (or the year the depositor would have reached age 70½, if applicable under paragraph 3(b)(i)) is the account owner’s residence value at the time close of business on December 31 of the account owner’s death. Stifel, preceding year divided by the life expectancy (in its sole discretion, may determine not to make a distribution the single life table in Regulations Section 1.401(a)(9)-9) of the account to per stirpes or individual specified in such paragraphs 3(a) and 3(b)(i). (c) The required minimum distribution for the year the depositor reaches age 70½ can be made as late as April 1 of the fol- lowing year. The required minimum distribution for any other unnamed beneficiaries unless and until Stifel has been instructed year must be made by the deceased account owner’s courtend of such year. 6. The owner of two or more Traditional IRAs may satisfy the mini- mum distribution requirements described above by taking from one Traditional IRA the amount required to satisfy the requirement for another in accordance with the regulations under Section 408(a)(6). 1. The depositor agrees to provide the custodian with all information necessary to prepare any reports required by Section 408(i) and Regulations Sections 1.408-appointed personal representative 5 and 1.408-6. 2. The custodian agrees to submit to the Internal Revenue Service (e.g.IRS) and depositor the reports prescribed by the IRS. ARTICLE VI Notwithstanding any other articles which may be added or incor- porated, executor, administratorthe provisions of Articles I through III and this sentence will be controlling. Any additional articles inconsistent with Section 408(a) regarding and the related regulations will be invalid. ARTICLE VII This agreement will be amended as necessary to comply with the provisions of the Code and the related regulations. Other amendments may be made with the consent of the persons entitled to receive per stirpes distribution and their respective shares. The account owner agrees, whose signatures appear on behalf of himself or herself personally and the account owner’s Estate, heirs, executors, administrators, successors, and assigns, to release, indemnify, defend, and hold harmless Stifel, and its parent, subsidiaries, and affiliates and their respective past and present officers, directors, shareholders, employees, agents, affiliates, successors, and assigns, against and from any and all claims or liabilities, taxes, damages, or expenses (including without limitation judgments, amounts paid in settlement, and/ or attorney’s fees), of any kind or of any nature whatsoever, that may arise from, or relate to, Xxxxxx’x reliance on information provided by the account owner’s said personal representativeapplication.

Appears in 1 contract

Samples: Account Agreement

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INDIVIDUAL RETIREMENT CUSTODIAL ACCOUNT AGREEMENT. a beneficiary(ies(b) shall not Be distributed over the remaining life expectancy of your designated beneficiaries. If your spouse is your sole designated beneficiary, he or she must elect either option (a) or (b) by the earlier of December 31 of the year containing the fifth anniversary of your death, or December 31 of the year life expectancy payments would be required for to begin. Your designated beneficiaries, other than a spouse who is the sole designated beneficiary, must elect either option (a) or (b) by December 31 of the year following the year of your death. If no election is made, distribution will be calculated in accordance with option (b). In the case of distributions under option (b), distributions must commence by December 31 of the year following the year of your death. Generally, if your spouse is the designated beneficiary, distribu- tions need not commence until December 31 of the year you to revoke would have attained age 70½, if later. If a beneficiary designationother than a person or qualified trust as defined in the Treasury Regulations is named, you will be treated as having no desig- nated beneficiary of your IRA for purposes of determining the distribution period. If you have there is no designated both primary and contingent beneficiaries and no primary beneficiary(ies) survives you, the contingent beneficiary(ies) shall acquire the designated share beneficiary of your IRA. If you do not desig- nate a beneficiary, or if all the entire IRA must be distributed by December 31 of the year containing the fifth anniversary of your primary and contingent beneficiary(ies) predecease you, your estate will be the beneficiarydeath. A spouse who is the sole designated beneficiary shall have all rights as granted under the Code or applicable Regulations of your entire IRA will be deemed to elect to treat your IRA as his or her ownown by either (1) making contributions to your IRA or (2) failing to timely remove a required minimum distribution from your IRA. We may allow, if permitted by state law, an original IRA beneficiary(ies) (Regardless of whether or not the beneficiary(ies) who spouse is entitled to receive distribution(s) from an inherited IRA at the time sole designated beneficiary of your death) to name IRA, a successor beneficiary(ies) for the inherited IRA. This designation can only be made on a form provided by or acceptable to us, and it will only be effective when it is filed with us during the original IRA beneficiary’s(ies’) lifetime. Un- less otherwise specified, each spouse beneficiary designation form that the original IRA beneficiary(ies) files with us will cancel all previous ones. The consent of a successor beneficiary(ies) shall not be required for the original IRA beneficiary(ies) to revoke a successor beneficiary(ies) designation. If the original IRA beneficiary(ies) does not designate a succes- sor beneficiary(ies), may roll over his or her estate will be the successor beneficiary. In no event shall the successor beneficiary(ies) be able to extend the distribution period beyond that required for the original IRA beneficiary. Minor Named as Beneficiary – If upon the death share of the original account owner, a Beneficiary known by the Custodian (Xxxxxx, Xxxxxxxx & Company, Incorporated) to be a minor or otherwise under a legal disability is entitled to receive any or all of the undistributed assets of the account, the Custodian may, in its absolute discretion make all or any part of the distribution to 1) the Legal Guardian, Conservator, or other legal representative as authorized and appointed by the court under the minor benefi- ciary’s applicable state law or 2) a custodian appointed for such Beneficiary, by the original account holder, under the Uniform Gift to Minors Act (UGMA) or Uniform Transfer to Minors Act (UTMA) or similar act. The designated Custodian under UGMA or UTMA must be in writing and filed with Xxxxxx, Xxxxxxxx & Company, Incorporated prior to the death of the original account holder. The minor shall be deemed to be a minor until such Benefi- ciary reaches 1) the age of majority under the law of the state of the minor’s domicile or 2) a later age for termination of minor status, if state law allows, but in no event later than age 25, as designated by the Investor in the Beneficiary designa- tion accepted by the Custodian. Minors are not legally able to sign contracts, including account agreements to open an Inherited Beneficiary IRA account. If you fail to name an UTMA custodian, then a Legal Guard- xxx, Conservator, or other legal representative will have to be appointed by the appropriate court. The appropriate court- appointed representative would then have the right to act as the guardian/custodian for the minor and open the Inherited Beneficiary IRA. Please seek competent legal advice before making such a designation. owner to designate beneficiaries to receive the account following the death of the owner. On accounts that permit beneficiary designation, a check box appears on the benefi- ciary designation form that, when checked, shall serve as the account owner’s direction that, in the event that a beneficiary predeceases the account owner, the deceased beneficiary’s share shall be distributed to his or her lineal descendants by representation (Xxx Xxxxxxx)own IRA. The shares distributable to descendants under a per stirpes beneficiary designation shall be determined by the law of the state of the account owner’s residence at the time of the account owner’s death. StifelIf we so choose, in its sole discretion, may determine not to make a distribution of the account to per stirpes or other unnamed beneficiaries unless and until Stifel has been instructed by the deceased account owner’s court-appointed personal representative for any reason (e.g., executor, administrator) regarding the persons entitled due to receive per stirpes distribution and their respective shares. The account owner agrees, on behalf limitations of himself our charter or herself personally and the account owner’s Estate, heirs, executors, administrators, successors, and assigns, to release, indemnify, defend, and hold harmless Stifel, and its parent, subsidiaries, and affiliates and their respective past and present officers, directors, shareholders, employees, agents, affiliates, successors, and assigns, against and from any and all claims or liabilities, taxes, damages, or expenses (including without limitation judgments, amounts paid in settlement, and/ or attorney’s feesbylaws), we may require that a beneficiary of a deceased IRA owner take total distribution of all IRA assets by December 31 of the year following the year of death. If your beneficiary fails to remove a required minimum distribu- tion after your death, an additional penalty tax of 50 percent is imposed on the amount of the required minimum distribution that should have been taken but was not. Your beneficiary must file IRS Form 5329 along with his or her income tax return to report and remit any kind or of any nature whatsoever, that may arise from, or relate to, Xxxxxx’x reliance on information provided by additional taxes to the account owner’s said personal representativeIRS.

Appears in 1 contract

Samples: Wealth Management Agreement

INDIVIDUAL RETIREMENT CUSTODIAL ACCOUNT AGREEMENT. a beneficiary(ies) shall not be required beneficiary of your IRA for you to revoke a purposes of determining the distribution period. If there is no designated beneficiary designationof your IRA, distributions will commence using your single life expectancy, reduced by one in each subsequent year. If you have designated both primary and contingent beneficiaries and no primary beneficiary(ies) survives youdie before your required beginning date, the contingent beneficiary(iesentire amount remaining in your account will, at the election of your designated beneficiaries, either: (a) shall acquire Be distributed by December 31 of the year containing the fifth anniversary of your death, or (b) Be distributed over the remaining life expectancy of your designated beneficiaries. If your spouse is your sole designated beneficiary, he or she must elect either option (a) or (b) by the earlier of December 31 of the year containing the fifth anniversary of your death, or December 31 of the year life expectancy payments would be required to begin. Your designated beneficiaries, other than a spouse who is the sole designated beneficiary, must elect either option (a) or (b) by December 31 of the year following the year of your death. If no election is made, distribution will be calculated in accordance with option (b). In the case of distributions under option (b), distributions must commence by December 31 of the year following the year of your death. Generally, if your spouse is the designated share beneficiary, dis- tributions need not commence until December 31 of the year you would have attained age 72 (age 70½ if you would have attained age 70½ before 2020), if later. If a beneficiary other than a person or qualified trust as defined in the Treasury Regulations is named, you will be treated as having no des- ignated beneficiary of your IRA for purposes of determining the distribution period. If there is no designated beneficiary of your IRA. If you do not desig- nate a beneficiary, or if all the entire IRA must be distributed by December 31 of your primary and contingent beneficiary(ies) predecease you, your estate will be the beneficiary. A spouse beneficiary shall have all rights as granted under year containing the Code or applicable Regulations to treat your IRA as his or her own. We may allow, if permitted by state law, an original IRA beneficiary(ies) (the beneficiary(ies) who is entitled to receive distribution(s) from an inherited IRA at the time fifth anniversary of your death) to name a successor beneficiary(ies) for the inherited IRA. This designation can only be made on a form provided by or acceptable to us, and it will only be effective when it is filed with us during the original IRA beneficiary’s(ies’) lifetime. Un- less otherwise specified, each beneficiary designation form that the original IRA beneficiary(ies) files with us will cancel all previous ones. The consent of a successor beneficiary(ies) shall not be required for the original IRA beneficiary(ies) to revoke a successor beneficiary(ies) designation. If the original IRA beneficiary(ies) does not designate a succes- sor beneficiary(ies), his or her estate will be the successor beneficiary. In no event shall the successor beneficiary(ies) be able to extend the distribution period beyond that required for the original IRA beneficiary. Minor Named as Beneficiary – If upon the death of the original account owner, a Beneficiary known by the Custodian (Xxxxxx, Xxxxxxxx & Company, Incorporated) to be a minor or otherwise under a legal disability is entitled to receive any or all of the undistributed assets of the account, the Custodian may, in its absolute discretion make all or any part of the distribution to 1) the Legal Guardian, Conservator, or other legal representative as authorized and appointed by the court under the minor benefi- ciary’s applicable state law or 2) a custodian appointed for such Beneficiary, by the original account holder, under the Uniform Gift to Minors Act (UGMA) or Uniform Transfer to Minors Act (UTMA) or similar act. The designated Custodian under UGMA or UTMA must be in writing and filed with Xxxxxx, Xxxxxxxx & Company, Incorporated prior to the death of the original account holder. The minor shall be deemed to be a minor until such Benefi- ciary reaches 1) the age of majority under the law of the state of the minor’s domicile or 2) a later age for termination of minor status, if state law allows, but in no event later than age 25, as designated by the Investor in the Beneficiary designa- tion accepted by the Custodian. Minors are not legally able to sign contracts, including account agreements to open an Inherited Beneficiary IRA account. If you fail to name an UTMA custodian, then a Legal Guard- xxx, Conservator, or other legal representative will have to be appointed by the appropriate court. The appropriate court- appointed representative would then have the right to act as the guardian/custodian for the minor and open the Inherited Beneficiary IRA. Please seek competent legal advice before making such a designation. owner to designate beneficiaries to receive the account following the death of the owner. On accounts that permit beneficiary designation, a check box appears on the benefi- ciary designation form that, when checked, shall serve as the account owner’s direction that, in the event that a beneficiary predeceases the account owner, the deceased beneficiary’s share shall be distributed to his or her lineal descendants by representation (Xxx Xxxxxxx). The shares distributable to descendants under a per stirpes beneficiary designation shall be determined by the law of the state of the account owner’s residence at the time of the account owner’s death. Stifel, in its sole discretion, may determine not to make a distribution of the account to per stirpes or other unnamed beneficiaries unless and until Stifel has been instructed by the deceased account owner’s court-appointed personal representative (e.g., executor, administrator) regarding the persons entitled to receive per stirpes distribution and their respective shares. The account owner agrees, on behalf of himself or herself personally and the account owner’s Estate, heirs, executors, administrators, successors, and assigns, to release, indemnify, defend, and hold harmless Stifel, and its parent, subsidiaries, and affiliates and their respective past and present officers, directors, shareholders, employees, agents, affiliates, successors, and assigns, against and from any and all claims or liabilities, taxes, damages, or expenses (including without limitation judgments, amounts paid in settlement, and/ or attorney’s fees), of any kind or of any nature whatsoever, that may arise from, or relate to, Xxxxxx’x reliance on information provided by the account owner’s said personal representative.

Appears in 1 contract

Samples: Account Agreement

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