Investment of Amounts in the XXX. You have exclusive responsibility for and control over the investment of the assets of your XXX. All transactions will be subject to any and all restrictions or limitations, direct or indirect, that are imposed by our charter, articles of incorporation, or bylaws; any and all applicable federal and state laws and regulations; the rules, regulations, customs and usages of any exchange, market or clearing house where the transaction is executed; our policies and practices; and this agreement. After your death, your beneficiaries will have the right to direct the investment of your XXX assets, subject to the same conditions that applied to you during your lifetime under this agreement (including, without limitation, Section 8.03 of this article). The right to direct investment of assets may be restricted, however, as provided herein. We will have no discretion to direct any investment in your XXX. We assume no responsibility for rendering investment advice with respect to your XXX, nor will we offer any opinion or judgment to you on matters concerning the value or suitability of any investment or proposed investment for your XXX. In the absence of instructions from you, or if your instructions are not in a form acceptable to us, we will have the right to hold any uninvested amounts in cash, and we will have no responsibility to invest uninvested cash unless and until directed by you. We will not exercise the voting rights and other shareholder rights with respect to investments in your XXX unless you provide timely written directions acceptable to us. You will select the investment for your XXX assets, provided, however, that your selection of investments shall be limited to any investment vehicle obtainable by us, that we are authorized by our charter, articles of incorporation, or bylaws to offer and do in fact, in our sole discretion offer for IRAs For example, investments may include but shall not be limited to common stocks, government and corporate bonds, mutual funds, the purchase of put options on existing positions and writing of covered listed call options and such other options strategies that we may, from time to time, in our sole discretion make available for IRAs and which strategies are approved for your account by your broker and/or investment advisor. Investments not generating confirmations must be accompanied by additional written instructions and such other documentation as we may, in our sole discretion, require. We shall act as a stockbroker or dealer whenever such services are required. We may in our sole discretion make available to you additional investment offerings, which will be limited to publicly traded securities, mutual funds, money market instruments, and other investments that are obtainable by us and that we, in our sole discretion, determine that we are capable of holding in the ordinary course of our business. We shall have the power and authority in the administration of this Agreement to do all acts, including by way of illustration but not in limitation of the powers conferred by law, the following. a) Pursuant to your or your agent’s direction, to invest and reinvest all or any part of the assets in securities obtainable through us and to invest in any lawful investment which is administratively acceptable to us without any duty to diversify and without regard to whether such property is authorized by the laws of any jurisdiction for investment by us; b) Pursuant to your or your agent’s direction, to hold part or all of the uninvested assets or to place the same in a savings account approved by you or purchase a Certificate of Deposit with an institution approved by you; c) To employ suitable agents and counsel and to pay them reasonable expenses and compensation; d) Pursuant to your or your agent’s direction, to vote in person or by proxy with respect to securities held by us and to delegate our discretionary power; e) Pursuant to your or your agent’s direction (and subject to approval of a custodial account for option trading privileges), to write covered listed call options against existing positions, to liquidate or close such option contracts, and to purchase put options on existing long positions (the same securities cannot be used to simultaneously cover more than one position); f) Pursuant to your or your agent’s direction, to consent to or participate in dissolutions, reorganizations, consolidations, mergers, sales, leases, mortgages, and transfers or other changes affecting securities held by us; g) To leave any securities or cash for safekeeping or on deposit, with or without interest, with such banks, brokers and other custodians as we may select, and to hold any securities in bearer form or in the name of these banks, brokers and any other custodians or in the name of the custodian without qualification or description or in the name of any nominee; and h) Prior to the entry of any orders to purchase or sell securities in your account, you or your agent shall approve beforehand all such orders and direct us to implement such instructions. Selling short and executing purchases in an amount greater than available cash are prohibited. All investments outside of the cash account shall be accompanied by additional written instructions.
Appears in 5 contracts
Samples: Individual Retirement Custodial Account Agreement, Individual Retirement Custodial Account Agreement, Individual Ira or Sep Account Application & Agreement
Investment of Amounts in the XXX. You have The XXX Owner has exclusive responsibility for and control over the investment of the assets of your his or her XXX. All transactions will shall be subject to any and all restrictions or limitations, direct or indirect, that which are imposed by our the Custodian’s charter, articles of incorporation, or bylaws; any and all applicable federal and state laws and regulations; the rules, regulations, customs customs, and usages of any exchange, market market, or clearing house where the transaction is executed; our the Custodian’s policies and practices; and this agreementAgreement. After your the XXX Owner’s death, your beneficiaries will his or her Beneficiary(ies) shall have the right to direct the investment of your the XXX assets, subject to the same conditions that applied to you the XXX Owner during your his or her lifetime under this agreement Agreement (including, without limitation, Section 8.03 5.02 of this articleAgreement). The right to direct investment of assets may be restricted, however, as provided herein. We will Custodian shall have no discretion to direct any investment in your the XXX. We assume The Custodian assumes no responsibility for rendering investment advice with respect to your the XXX, nor will we the Custodian offer any opinion or judgment to you the XXX Owner on matters concerning the value or suitability of any investment or proposed investment for your the XXX. In the absence of instructions from you, the XXX Owner or if your the instructions are not in a form an acceptable to usform, we will the Custodian shall have the right to hold any uninvested amounts in cash, and we will shall have no responsibility to invest uninvested cash unless and until directed by youthe XXX Owner. We The Custodian will not exercise the voting rights and other shareholder rights with respect to investments in your the XXX unless you provide the XXX Owner provides timely written directions acceptable to usthe Custodian. You The XXX Owner will select the type of investment for your his or her XXX assets, provided, however, that your the selection of investments shall be limited to any investment vehicle obtainable by us, those types of investments that we are the Custodian is authorized by our its charter, articles of incorporation, or bylaws to offer and do in fact, in our sole discretion fact offer for IRAs For example, investments may include but shall not be limited to common stocks, government and corporate bonds, mutual funds, the purchase of put options on existing positions and writing of covered listed call options and such other options strategies that we may, from time to time, investment in our sole discretion make available for IRAs and which strategies are approved for your account by your broker and/or investment advisor. Investments not generating confirmations must be accompanied by additional written instructions and such other documentation as we may, in our sole discretion, require. We shall act as a stockbroker or dealer whenever such services are required. We may in our sole discretion make available to you additional investment offerings, which will be limited to publicly traded securities, mutual funds, money market instruments, and other investments that are obtainable by us and that we, in our sole discretion, determine that we are capable of holding in the ordinary course of our business. We shall have the power and authority in the administration of this Agreement to do all acts, including by way of illustration but not in limitation of the powers conferred by law, the followingIRAs.
a) Pursuant to your or your agent’s direction, to invest and reinvest all or any part of the assets in securities obtainable through us and to invest in any lawful investment which is administratively acceptable to us without any duty to diversify and without regard to whether such property is authorized by the laws of any jurisdiction for investment by us;
b) Pursuant to your or your agent’s direction, to hold part or all of the uninvested assets or to place the same in a savings account approved by you or purchase a Certificate of Deposit with an institution approved by you;
c) To employ suitable agents and counsel and to pay them reasonable expenses and compensation;
d) Pursuant to your or your agent’s direction, to vote in person or by proxy with respect to securities held by us and to delegate our discretionary power;
e) Pursuant to your or your agent’s direction (and subject to approval of a custodial account for option trading privileges), to write covered listed call options against existing positions, to liquidate or close such option contracts, and to purchase put options on existing long positions (the same securities cannot be used to simultaneously cover more than one position);
f) Pursuant to your or your agent’s direction, to consent to or participate in dissolutions, reorganizations, consolidations, mergers, sales, leases, mortgages, and transfers or other changes affecting securities held by us;
g) To leave any securities or cash for safekeeping or on deposit, with or without interest, with such banks, brokers and other custodians as we may select, and to hold any securities in bearer form or in the name of these banks, brokers and any other custodians or in the name of the custodian without qualification or description or in the name of any nominee; and
h) Prior to the entry of any orders to purchase or sell securities in your account, you or your agent shall approve beforehand all such orders and direct us to implement such instructions. Selling short and executing purchases in an amount greater than available cash are prohibited. All investments outside of the cash account shall be accompanied by additional written instructions.
Appears in 3 contracts
Samples: Individual Retirement Custodial Account Agreement, Individual Retirement Custodial Account Agreement, Individual Retirement Custodial Account Agreement
Investment of Amounts in the XXX. You have exclusive responsibility for and control over the investment of the assets of your XXX. All transactions will be subject to any and all restrictions or limitations, direct or indirect, that are imposed by our charter, articles of incorporation, or bylaws; any and all applicable federal and state laws and regulations; the rules, regulations, customs and usages of any exchange, market or clearing house where the transaction is executed; our policies and practices; and this agreement. After your death, your beneficiaries will have the right to direct the investment of your XXX assets, subject to the same conditions that applied to you during your lifetime under this agreement (including, without limitation, Section 8.03 of this article). The right to direct investment of assets may be restricted, however, as provided herein. We will have no discretion to direct any investment in your XXX. We assume no responsibility for rendering investment advice with respect to your XXX, nor will we offer any opinion or judgment to you on matters concerning the value or suitability of any investment or proposed investment for your XXX. In the absence of instructions from you, or if your instructions are not in a form acceptable to us, we will have the right to hold any uninvested amounts in cash, and we will have no responsibility to invest uninvested cash unless and until directed by you. We will not exercise the voting rights and other shareholder rights with respect to investments in your XXX unless you provide timely written directions acceptable to usXXX. You will select the investment for your XXX assets, provided, however, that your selection of assets from those investments shall be limited to any investment vehicle obtainable by us, that we are authorized by our charter, articles of incorporation, or bylaws to offer and do in fact, in our sole discretion fact offer for IRAs For example(e.g., investments may include but shall not be limited to common stocksterm share accounts, government and corporate bondspassbook accounts, mutual fundscertificates of deposit, the purchase of put options on existing positions and writing of covered listed call options and such other options strategies that we may, from time to time, in our sole discretion make available for IRAs and which strategies are approved for your account by your broker and/or investment advisor. Investments not generating confirmations must be accompanied by additional written instructions and such other documentation as we may, in our sole discretion, require. We shall act as a stockbroker or dealer whenever such services are required. money market accounts.) We may in our sole discretion make available to you additional investment offerings, which will be limited to publicly traded securities, mutual funds, money market instruments, and other investments that are obtainable by us and that we, in our sole discretion, determine that we are capable of holding in the ordinary course of our business. We shall have the power and authority retain in the administration of this Agreement to do all acts, including by way of illustration but not in limitation cash so much of the powers conferred by law, the following.
a) Pursuant to your or your agent’s direction, to invest and reinvest all or any part of the assets in securities obtainable through us and to invest in any lawful investment which is administratively acceptable to us without any duty to diversify and without regard to whether such property is authorized by the laws of any jurisdiction for investment by us;
b) Pursuant to your or your agent’s direction, to hold part or all of the uninvested assets or to place the same in a savings account approved by you or purchase a Certificate of Deposit with an institution approved by you;
c) To employ suitable agents and counsel and to pay them reasonable expenses and compensation;
d) Pursuant to your or your agent’s direction, to vote in person or by proxy with respect to securities held by us and to delegate our discretionary power;
e) Pursuant to your or your agent’s direction (and subject to approval of a custodial account for option trading privileges), to write covered listed call options against existing positions, to liquidate or close such option contracts, and to purchase put options on existing long positions (the same securities cannot be used to simultaneously cover more than one position);
f) Pursuant to your or your agent’s direction, to consent to or participate in dissolutions, reorganizations, consolidations, mergers, sales, leases, mortgages, and transfers or other changes affecting securities held by us;
g) To leave any securities or cash for safekeeping or on deposit, with or without interest, with such banks, brokers and other custodians as we may select, and to hold any securities in bearer form or in the name of these banks, brokers and any other custodians or in the name of the custodian without qualification or description or in the name of any nominee; and
h) Prior to the entry of any orders to purchase or sell securities in your account, you or your agent shall approve beforehand all Investment Advisor directs or until other instructions are received and we are authorized to place such orders and direct us to implement such instructions. Selling short and executing purchases cash held in the custodial account in an amount greater than available cash are prohibited. All investments outside of the cash account shall be accompanied by additional written instructionsinterest‐bearing instrument or money market fund as determined appropriate in our sole discretion.
Appears in 3 contracts
Samples: Individual Retirement Custodial Account Agreement, Individual Retirement Custodial Account Agreement, Individual Retirement Custodial Account Agreement
Investment of Amounts in the XXX. You have exclusive responsibility for and control over the investment of the assets of your XXX. All transactions will be subject to any and all restrictions or limitations, direct or indirect, that are imposed by our charter, articles of incorporation, or bylaws; any and all applicable federal and state laws and regulations; the rules, regulations, customs and usages of any exchange, market or clearing house where the transaction is executed; our policies and practices; and this agreement. After your death, your beneficiaries will have the right to direct the investment of your XXX assets, subject to the same conditions that applied to you during your lifetime under this agreement (including, without limitation, Section 8.03 of this article). The right to direct investment of assets may be restricted, however, as provided herein. We will have no discretion to direct any investment in your XXX. We assume no responsibility for rendering investment advice with respect to your XXX, nor will we offer any opinion or judgment to you on matters concerning the value or suitability of any investment or proposed investment for your XXX. In the absence of instructions from you, or if your instructions are not in a form acceptable to us, we will have the right to hold any uninvested amounts in cash, and we will have no responsibility to invest uninvested cash unless and until directed by you. We will not exercise the voting rights and other shareholder rights with respect to investments in your XXX unless you provide timely written directions acceptable to usXXX. You will select the investment for your XXX assets, provided, however, that your selection of assets from those investments shall be limited to any investment vehicle obtainable by us, that we are authorized by our charter, articles of incorporation, or bylaws to offer and do in fact, in our sole discretion fact offer for IRAs For example(e.g., investments may include but shall not be limited to common stocksterm share accounts, government and corporate bondspassbook accounts, mutual fundscertificates of deposit, the purchase of put options on existing positions and writing of covered listed call options and such other options strategies that we may, from time to time, in our sole discretion make available for IRAs and which strategies are approved for your account by your broker and/or investment advisor. Investments not generating confirmations must be accompanied by additional written instructions and such other documentation as we may, in our sole discretion, require. We shall act as a stockbroker or dealer whenever such services are required. money market accounts.) We may in our sole discretion make available to you additional investment offerings, which will be limited to publicly traded securities, mutual funds, money market instruments, and other investments that are obtainable by us and that we, in our sole discretion, determine that we are capable of holding in the ordinary course of our business. We shall have the power and authority retain in the administration of this Agreement to do all acts, including by way of illustration but not in limitation cash so much of the powers conferred by law, the following.
a) Pursuant to your or your agent’s direction, to invest and reinvest all or any part of the assets in securities obtainable through us and to invest in any lawful investment which is administratively acceptable to us without any duty to diversify and without regard to whether such property is authorized by the laws of any jurisdiction for investment by us;
b) Pursuant to your or your agent’s direction, to hold part or all of the uninvested assets or to place the same in a savings account approved by you or purchase a Certificate of Deposit with an institution approved by you;
c) To employ suitable agents and counsel and to pay them reasonable expenses and compensation;
d) Pursuant to your or your agent’s direction, to vote in person or by proxy with respect to securities held by us and to delegate our discretionary power;
e) Pursuant to your or your agent’s direction (and subject to approval of a custodial account for option trading privileges), to write covered listed call options against existing positions, to liquidate or close such option contracts, and to purchase put options on existing long positions (the same securities cannot be used to simultaneously cover more than one position);
f) Pursuant to your or your agent’s direction, to consent to or participate in dissolutions, reorganizations, consolidations, mergers, sales, leases, mortgages, and transfers or other changes affecting securities held by us;
g) To leave any securities or cash for safekeeping or on deposit, with or without interest, with such banks, brokers and other custodians as we may select, and to hold any securities in bearer form or in the name of these banks, brokers and any other custodians or in the name of the custodian without qualification or description or in the name of any nominee; and
h) Prior to the entry of any orders to purchase or sell securities in your account, you or your agent shall approve beforehand all Investment Advisor directs or until other instructions are received and we are authorized to place such orders and direct us to implement such instructions. Selling short and executing purchases cash held in the custodial account in an amount greater than available cash are prohibited. All investments outside of the cash account shall be accompanied by additional written instructionsinterest-bearing instrument or money market fund as determined appropriate in our sole discretion.
Appears in 2 contracts
Samples: Individual Retirement Custodial Account Agreement, Individual Retirement Custodial Account Agreement
Investment of Amounts in the XXX. You have exclusive responsibility for and control over the investment of the assets of your XXX. All transactions will be subject to any and all restrictions or limitations, direct or indirect, that are imposed by our charter, articles of incorporation, or bylaws; any and all applicable federal and state laws and regulations; the rules, regulations, customs and usages of any exchange, market or clearing house where the transaction is executed; our policies and practices; and this agreement. After your death, your beneficiaries will have the right to direct the investment of your XXX assets, subject to the same conditions that applied to you during your lifetime under this agreement (including, without limitation, Section 8.03 of this article). The right to direct investment of assets may be restricted, however, as provided herein. We will have no discretion to direct any investment in your XXX. We assume no responsibility for rendering investment advice with respect to your XXX, nor will we offer any opinion or judgment to you on matters concerning the value or suitability of any investment or proposed investment for your XXX. In the absence of instructions from you, or if your instructions are not in a form acceptable to us, we will have the right to hold any uninvested amounts in cash, and we will have no responsibility to invest uninvested cash unless and until directed by you. We will not exercise the voting rights and other shareholder rights with respect to investments in your XXX unless you provide timely written directions acceptable to us. You will select the investment for your XXX assets, provided, however, that your selection of assets from those investments shall be limited to any investment vehicle obtainable by us, that we are authorized by our charter, articles of incorporation, or bylaws to offer and do in fact, in our sole discretion fact offer for IRAs For example(e.g., investments may include but shall not be limited to common stocksterm share accounts, government and corporate bondspassbook accounts, mutual fundscertificates of deposit, the purchase of put options on existing positions and writing of covered listed call options and such other options strategies that we may, from time to time, in our sole discretion make available for IRAs and which strategies are approved for your account by your broker and/or investment advisor. Investments not generating confirmations must be accompanied by additional written instructions and such other documentation as we may, in our sole discretion, require. We shall act as a stockbroker or dealer whenever such services are required. money market accounts.) We may in our sole discretion make available to you additional investment offerings, which will be limited to publicly traded securities, mutual funds, money market instruments, and other investments that are obtainable by us and that we, in our sole discretion, determine that we are capable of holding in the ordinary course of our business. We shall have the power and authority in the administration of this Agreement to do all acts, including by way of illustration but not in limitation of the powers conferred by law, the following.
a) Pursuant to your or your agent’s direction, to invest and reinvest all or any part of the assets in securities obtainable through us and to invest in any lawful investment which is administratively acceptable to us without any duty to diversify and without regard to whether such property is authorized by the laws of any jurisdiction for investment by us;
b) Pursuant to your or your agent’s direction, to hold part or all of the uninvested assets or to place the same in a savings account approved by you or purchase a Certificate of Deposit with an institution approved by you;
c) To employ suitable agents and counsel and to pay them reasonable expenses and compensation;
d) Pursuant to your or your agent’s direction, to vote in person or by proxy with respect to securities held by us and to delegate our discretionary power;
e) Pursuant to your or your agent’s direction (and subject to approval of a custodial account for option trading privileges), to write covered listed call options against existing positions, to liquidate or close such option contracts, and to purchase put options on existing long positions (the same securities cannot be used to simultaneously cover more than one position);
f) Pursuant to your or your agent’s direction, to consent to or participate in dissolutions, reorganizations, consolidations, mergers, sales, leases, mortgages, and transfers or other changes affecting securities held by us;
g) To leave any securities or cash for safekeeping or on deposit, with or without interest, with such banks, brokers and other custodians as we may select, and to hold any securities in bearer form or in the name of these banks, brokers and any other custodians or in the name of the custodian without qualification or description or in the name of any nominee; and
h) Prior to the entry of any orders to purchase or sell securities in your account, you or your agent shall approve beforehand all such orders and direct us to implement such instructions. Selling short and executing purchases in an amount greater than available cash are prohibited. All investments outside of the cash account shall be accompanied by additional written instructions.
Appears in 2 contracts
Samples: Traditional Ira Adoption Agreement, Traditional Ira Adoption Agreement
Investment of Amounts in the XXX. You have exclusive responsibility for and control over the investment of the assets of your XXX. All transactions will shall be subject to any and all restrictions or limitations, direct or indirect, that which are imposed by our charter, articles of incorporation, or bylaws; any and all applicable federal and state laws and regulations; the rules, regulations, customs and usages of any exchange, market or clearing house where the transaction is executed; our policies and practices; and this agreementAgreement. After your death, your beneficiaries will beneficiary(ies) shall have the right to direct the investment of your XXX assets, subject to the same conditions that applied to you during your lifetime under this agreement Agreement (including, without limitation, Section 8.03 of this article). The right to direct investment of assets may be restricted, however, as provided hereinin Section 8.06. We will shall have no discretion to direct any investment in your XXX. We assume no responsibility for rendering investment advice with respect to your XXX, nor will we offer any opinion or judgment to you on matters concerning the value or suitability of any investment or proposed investment for your XXX. In the absence of instructions from you, or if your instructions are not in a form acceptable to us, we will shall have the right to hold any uninvested amounts in cash, and we will shall have no responsibility to invest uninvested cash unless and until directed by you. We will not exercise the voting rights and other shareholder rights with respect to investments in your XXX unless you or your agent provide timely written directions acceptable to us. You will select the type of investment for your XXX assets, provided, however, that your selection of investments shall be limited to any investment vehicle approved and obtainable by us, that we are authorized by our charter, articles of incorporation, or bylaws to offer and do in fact, in our sole discretion offer for IRAs investment in IRAs.. For example, investments may include but shall not be limited to common stocks, government and corporate bonds, mutual funds, the purchase of put options on existing positions and writing of covered listed call options and such other options strategies that we may, from time to time, in our sole discretion make available for IRAs and which strategies are approved for your account by your broker and/or investment advisorbroker. Investments not generating confirmations must be accompanied by additional written instructions and such other documentation as we may, in our sole discretion, require. We shall act as a stockbroker or dealer whenever such services are required. We may may, in our sole discretion discretion, make available to you you, additional investment offerings, which will shall be limited to publicly traded securities, mutual funds, money market instruments, instruments and other investments that are approved and obtainable by us and that we, in our sole discretion, determine that we are capable of holding in the ordinary course of our business. We shall have the power and authority in the administration of this Agreement to do all acts, including by way of illustration but not in limitation of the powers conferred by law, the following.:
a(1) Pursuant to your or your agent’s direction, to invest and reinvest all or any part of the assets in securities obtainable through us and to invest in any lawful investment which is administratively acceptable to us without any duty to diversify and without regard to whether such property is authorized by the laws of any jurisdiction for investment by us;
b(2) Pursuant to your or your agent’s direction, to hold part or all of the uninvested assets or to place the same in a savings account approved by you or purchase a Certificate of Deposit with an institution approved by you;
c(3) To employ suitable agents and counsel and to pay them reasonable expenses and compensation;
d(4) Pursuant to your or your agent’s direction, to vote in person or by proxy with respect to securities held by us and to delegate our discretionary power;
e(5) Pursuant to your or your agent’s direction (and subject to approval of a custodial account for option trading privileges), to write covered listed call options against existing positions, to liquidate or close such option contracts, and to purchase put options on existing long positions (the same securities cannot be used to simultaneously cover more than one position);
f(6) Pursuant to your or your agent’s direction, to consent to or participate in dissolutions, reorganizations, consolidations, mergers, sales, leases, mortgages, and transfers or other changes affecting securities held by us;
g(7) To leave any securities or cash for safekeeping or on deposit, with or without interest, with such banks, brokers and other custodians as we may select, and to hold any securities in bearer form or in the name of these banks, brokers and any other custodians or in the name of the custodian without qualification or description or in the name of any nominee; and
h) (8) Prior to the entry of any orders to purchase or sell securities in your account, you or your agent shall approve beforehand all such orders and direct us to implement such instructions. Selling short and executing purchases in an amount greater than available cash are prohibited. All investments outside of the cash account shall be accompanied by additional written instructions.
Appears in 1 contract
Investment of Amounts in the XXX. You have exclusive responsibility for and control over the investment of the assets of your XXX. All transactions will shall be subject to any and all restrictions or limitations, direct or indirect, that which are imposed by our charter, articles of incorporation, or bylaws; any and all applicable federal and state laws and regulations; the rules, regulations, customs and usages of any exchange, market or clearing house where the transaction is executed; our policies and practices; and this agreementAgreement. After your death, your beneficiaries will beneficiary(ies) shall have the right to direct the investment of your XXX assets, subject to the same conditions that applied to you during your lifetime under this agreement Agreement (including, without limitation, Section 8.03 of this article). The right to direct investment of assets may be restricted, however, as provided herein. We will shall have no discretion to direct any investment in your XXX. We assume no responsibility for rendering investment advice with respect to your XXX, nor will we offer any opinion or judgment to you on matters concerning the value or suitability of any investment or proposed investment for your XXX. In the absence of instructions from you, or if your instructions are not in a form acceptable to us, we will shall have the right to hold any uninvested amounts in cash, and we will shall have no responsibility to invest uninvested cash unless and until directed by you. We will not exercise the voting rights and other shareholder rights with respect to investments in your XXX unless you provide timely written directions acceptable to us. You will select the investment investments for your XXX assets, provided, however, that your selection of investments shall be limited to any investment vehicle obtainable by us, those types of investments that we are authorized by our charter, articles of incorporation, or bylaws to offer and do in fact, in our sole discretion fact offer for IRAs For example, investments may include but shall not be limited to common stocks, government and corporate bonds, mutual funds, the purchase of put options on existing positions and writing of covered listed call options and such other options strategies that we may, from time to time, investment in our sole discretion make available for IRAs and which strategies are approved for your account by your broker and/or investment advisorIRAs. Investments not generating confirmations must be accompanied by additional written instructions and such other documentation as we We may, in our sole discretion, require. We shall act as a stockbroker or dealer whenever such services are required. We may in our sole discretion make available to you you, additional investment offerings, which will shall be limited to publicly traded securities, mutual funds, money market instruments, instruments and other investments that are obtainable by us and that we, in our sole discretion, determine that we are capable of holding in the ordinary course of our business. We shall have the power and authority in the administration of this Agreement to do all acts, including by way of illustration but not in limitation of the powers conferred by law, the following.
a) Pursuant to your or your agent’s direction, to invest and reinvest all or any part of the assets in securities obtainable through us and to invest in any lawful investment which is administratively acceptable to us without any duty to diversify and without regard to whether such property is authorized by the laws of any jurisdiction for investment by us;
b) Pursuant to your or your agent’s direction, to hold part or all of the uninvested assets or to place the same in a savings account approved by you or purchase a Certificate of Deposit with an institution approved by you;
c) To employ suitable agents and counsel and to pay them reasonable expenses and compensation;
d) Pursuant to your or your agent’s direction, to vote in person or by proxy with respect to securities held by us and to delegate our discretionary power;
e) Pursuant to your or your agent’s direction (and subject to approval of a custodial account for option trading privileges), to write covered listed call options against existing positions, to liquidate or close such option contracts, and to purchase put options on existing long positions (the same securities cannot be used to simultaneously cover more than one position);
f) Pursuant to your or your agent’s direction, to consent to or participate in dissolutions, reorganizations, consolidations, mergers, sales, leases, mortgages, and transfers or other changes affecting securities held by us;
g) To leave any securities or cash for safekeeping or on deposit, with or without interest, with such banks, brokers and other custodians as we may select, and to hold any securities in bearer form or in the name of these banks, brokers and any other custodians or in the name of the custodian without qualification or description or in the name of any nominee; and
h) Prior to the entry of any orders to purchase or sell securities in your account, you or your agent shall approve beforehand all such orders and direct us to implement such instructions. Selling short and executing purchases in an amount greater than available cash are prohibited. All investments outside of the cash account shall be accompanied by additional written instructions.
Appears in 1 contract
Samples: Ira Plan Agreement