Investment of Contributions. At the direction of the Participant, the Custodian shall invest and reinvest all contributions to the account and earnings thereon as directed by the Participant (or the direction of the beneficiary(ies) upon the Participant 's death) in investments that the Custodian, at Custodian’s sole discretion, determines it can feasibly administer, which may include but are not limited to marketable securities traded on a recognized exchange or "over the counter" (excluding any securities issued by the custodian), options, mutual funds, common trust funds or other common investment funds that qualify under Section 408(b)(5) (including without limitation qualifying pooled custodial accounts and pooled custodial funds), certificates of deposit, real estate, real estate contracts, mortgages, leases, mortgage notes, debentures, individually negotiated debt instruments, promissory notes, private equity investments in closely held businesses, tax liens and tax anticipation warrants, deeds of trust, and other public, private or alternative investments that the Custodian determines it can feasibly administer, in such amounts as are specifically selected and specified by the Participant in orders to the Custodian in such form as may be acceptable to the Custodian, without any duty to diversify and without regard to whether such property is authorized by the laws of any jurisdiction as a trust investment or IRA investment or even if such investment will result in a prohibited transaction, unrelated business taxable income ("UBTI") or a reportable transaction. In addition, the account designated representative (as described below and in the SIMPLE IRA adoption agreement) may give the Custodian directions to have the Custodian buy, sell or reinvest public securities, digital assets and investments that are traded on a recognized exchange or “over the counter” (excluding any securities issued by the custodian). The account designated representative may not direct the Custodian with regard to any alternative or private investments. The Custodian shall be responsible only for the execution of such orders and for maintaining adequate records thereof. However, if any such orders are not received in a form acceptable to the Custodian as required, or, if received, are unclear or administratively unfeasible in the sole opinion of the Custodian, all or a portion of the account may be held in its current investments or remain un-invested without liability for loss of income or appreciation, and without liability for interest pending receipt of such orders or clarification as are acceptable to the Custodian in its sole discretion, or if a new contribution, the contribution may be returned. The Custodian may, but need not, establish programs under which cash deposits in excess of a minimum set by it will be periodically and automatically invested in interest-bearing investment funds. The Custodian shall have no duty other than to follow the written investment directions of the Participant, which duty shall be subject to the other terms and conditions of this agreement. The Custodian shall be under no duty to question said instructions and shall not be liable for any investment losses or adverse tax consequences of any kind whatsoever sustained by the Participant. In addition, the Custodian reserves the right to not follow a direction or process any investment for administrative or cost related reasons. Execution of Participant 's instructions or refusal to execute same does not constitute investment advice or an opinion by the Custodian as to the investment's prudence or viability. Participant agrees that the Custodian shall have no discretionary power, authority or control with respect to the management, investment or disposition of the Participant 's assets or any discretionary authority with regard to the management of the Participant 's account. Participant agrees and acknowledges that Xxxxxxxxx is not a fiduciary with respect to the Participant, the Participant 's account or any investment.
Appears in 2 contracts
Samples: Simple Ira Custodial Agreement, Traditional Individual Retirement Custodial Agreement
Investment of Contributions. At In accordance with the direction of the Participant, instructions given to the Custodian shall invest and reinvest all contributions to the account and earnings thereon as directed by the Participant Depositor (or the direction of the beneficiary(ies) upon the Participant Depositor's death) in investments that the Custodian, at Custodian’s sole discretion, Custodian determines it can feasibly administer, which may include but are not limited to marketable securities traded on a recognized exchange or "over the counter" (excluding any securities issued by the custodianCustodian), options, mutual funds, common trust funds or other common investment funds that qualify under Section 408(b)(5) (including without limitation qualifying pooled custodial accounts and pooled custodial funds), certificates of deposit, real estate, real estate contracts, mortgages, leases, mortgage notes, debentures, individually negotiated debt instruments, promissory notes, private equity investments in closely held businesses, tax liens and tax anticipation warrants, deeds of trust, and other publicpublic , private or alternative investments that the Custodian determines it can feasibly administer, in such amounts as are specifically selected and specified by the Participant Depositor in orders to the Custodian in such form as may be acceptable to the Custodian, without any duty to diversify and without regard to whether such property is authorized by the laws of any jurisdiction as a trust custodial investment or IRA investment or and even if such investment will result in a prohibited transaction, unrelated business taxable income ("“UBTI"”) or a reportable transaction. In addition, the account designated representative (as described below and in the SIMPLE IRA Xxxx XXX adoption agreement) may give the Custodian directions to have the Custodian buy, sell or reinvest public securities, digital assets and investments that are traded on a recognized exchange or “over the counter” (excluding any securities issued by the custodianCustodian). The account designated representative may not direct the Custodian with regard to any alternative or private investmentsinvestment. The Custodian shall be responsible only for the execution of such orders and for maintaining adequate records thereof. However, if any such orders are not received in a form acceptable to the Custodian as required, or, if received, are unclear or administratively unfeasible in the sole opinion of the Custodian, all or a portion of the account may be held in its current investments or remain un-un- invested without liability for loss of income or appreciation, and without liability for interest pending receipt of such orders or clarification as are acceptable to the Custodian in its sole discretion, or if a new contribution, the contribution may be returned. The Custodian may, but need not, establish programs under which cash deposits in excess of a minimum set by it will be periodically and automatically invested in interest-bearing investment funds. The Custodian shall have no duty other than to follow the written investment directions of the ParticipantDepositor, which duty shall be subject to the other terms and conditions of this agreement. The Custodian shall be under no duty to question said instructions and shall not be liable for any investment losses or adverse tax consequences of any kind whatsoever sustained by the Participantdepositor. In addition, the Custodian reserves the right to not follow a Depositor's (or an account designated representative’s or beneficiary's) direction or process any investment for administrative or cost cost-related reasons. Execution of Participant Depositor's instructions or refusal to execute same does not constitute investment advice or an opinion by the Custodian as to the investment's prudence or viability. Participant Depositor agrees that the Custodian shall have no discretionary power, authority or control with respect to the management, investment or disposition of the Participant Depositor's assets or any discretionary authority with regard to the management of the Participant Depositor's account. Participant Xxxxxxxxx agrees and acknowledges that Xxxxxxxxx the Custodian is not a fiduciary with respect to the ParticipantDepositor, the Participant Depositor's account or any investment.
Appears in 2 contracts
Samples: Traditional Individual Retirement Custodial Agreement, Roth Individual Retirement Custodial Agreement
Investment of Contributions. At In accordance with instructions given to the direction of the ParticipantCustodian, the Custodian shall invest and reinvest all contributions to the account and earnings thereon as directed by the Applicant/Plan Participant (or the direction of the beneficiary(ies) upon the Participant Applicant/Plan Participant's death) in investments that the Custodian, at CustodianXxxxxxxxx’s sole discretion, determines it can feasibly administer, which may include but are not limited to marketable securities traded on a recognized exchange or "over the counter" (excluding any securities issued by the custodian), options, mutual funds, common trust funds or other common investment funds that qualify under Section 408(b)(5) (including without limitation qualifying pooled custodial accounts and pooled custodial funds), certificates of deposit, real estate, real estate contracts, mortgages, leases, mortgage notes, debentures, individually negotiated debt instruments, promissory notes, private equity investments in closely held businesses, tax liens and tax anticipation warrants, deeds of trust, and other public, private or alternative investments that the Custodian determines it can feasibly administer, in such amounts as are specifically selected and specified by the Applicant/Plan Participant in orders to the Custodian in such form as may be acceptable to the Custodian, without any duty to diversify and without regard to whether such property is authorized by the laws of any jurisdiction as a trust investment or IRA investment or even if such investment will result in a prohibited transaction, unrelated business taxable income ("UBTI") or a reportable transaction. In addition, the account designated representative (as described below and in the SIMPLE Traditional IRA adoption agreement) may give the Custodian directions to have the Custodian buy, sell or reinvest public securities, digital assets securities and investments that are traded on a recognized exchange or “”over the counter” " (excluding any securities issued by the custodian). The account designated representative may not direct the Custodian with regard to any alternative or private investments. The Custodian shall be responsible only for the execution of such orders and for maintaining adequate records thereof. However, if any such orders are not received in a form acceptable to the Custodian as required, or, if received, are unclear or administratively unfeasible in the sole opinion of the Custodian, all or a portion of the account may be held in its current investments or remain un-invested without liability for loss of income or appreciation, and without liability for interest pending receipt of such orders or clarification as are acceptable to the Custodian in its sole discretion, or if a new contribution, the contribution may be returned. The Custodian may, but need not, establish programs under which cash deposits in excess of a minimum set by it will be periodically and automatically invested in interest-bearing investment funds. The Custodian shall have no duty other than to follow the written investment directions of the Participant, which duty shall be subject to the other terms and conditions of this agreement. The Custodian shall be under no duty to question said instructions and shall not be liable for any investment losses or adverse tax consequences of any kind whatsoever sustained by the Participant. In addition, the Custodian reserves the right to not follow a direction or process any investment for administrative or cost related reasons. Execution of Participant 's instructions or refusal to execute same does not constitute investment advice or an opinion by the Custodian as to the investment's prudence or viability. Participant agrees that the Custodian shall have no discretionary power, authority or control with respect to the management, investment or disposition of the Participant 's assets or any discretionary authority with regard to the management of the Participant 's account. Participant agrees and acknowledges that Xxxxxxxxx is not a fiduciary with respect to the Participant, the Participant 's account or any investment.shall
Appears in 2 contracts
Samples: Simple Ira Custodial Agreement, Custodial Agreement
Investment of Contributions. At In accordance with instructions given to the direction of the ParticipantCustodian, the Custodian shall invest and reinvest all contributions to the account and earnings thereon as directed by the Participant Depositor (or the direction of the beneficiary(ies) upon the Participant Depositor's death) in investments that the Custodian, at Custodian’s sole discretion, determines it can feasibly administer, which may include but are not limited to marketable securities traded on a recognized exchange or "over the counter" (excluding any securities issued by the custodian), options, mutual funds, common trust funds or other common investment funds that qualify under Section 408(b)(5) (including without limitation qualifying pooled custodial accounts and pooled custodial funds), certificates of deposit, real estate, real estate contracts, mortgages, leases, mortgage notes, debentures, individually negotiated debt instruments, promissory notes, private equity investments in closely held businesses, tax liens and tax anticipation warrants, deeds of trust, and other public, private or alternative investments that the Custodian determines it can feasibly administer, in such amounts as are specifically selected and specified by the Participant Depositor in orders to the Custodian in such form as may be acceptable to the Custodian, without any duty to diversify and without regard to whether such property is authorized by the laws of any jurisdiction as a trust investment or IRA investment or even if such investment will result in a prohibited transaction, unrelated business taxable income ("UBTI") or a reportable transaction. In addition, the account designated representative (as described below and in the SIMPLE Traditional IRA adoption agreement) may give the Custodian directions to have the Custodian buy, sell or reinvest public securities, digital assets and investments that are traded on a recognized exchange or “”over the counter” " (excluding any securities issued by the custodian). The account designated representative may not direct the Custodian with regard to any alternative or private investments. The Custodian shall be responsible only for the execution of such orders and for maintaining adequate records thereof. However, if any such orders are not received in a form acceptable to the Custodian as required, or, if received, are unclear or administratively unfeasible in the sole opinion of the Custodian, all or a portion of the account may be held in its current investments or remain un-invested without liability for loss of income or appreciation, and without liability for interest pending receipt of such orders or clarification as are acceptable to the Custodian in its sole discretion, or if a new contribution, the contribution may be returned. The Custodian may, but need not, establish programs under which cash deposits in excess of a minimum set by it will be periodically and automatically invested in interest-bearing investment funds. The Custodian shall have no duty other than to follow the written investment directions of the ParticipantDepositor, which duty shall be subject to the other terms and conditions of this agreement. The Custodian shall be under no duty to question said instructions and shall not be liable for any investment losses or adverse tax consequences of any kind whatsoever sustained by the ParticipantDepositor. In addition, the Custodian reserves the right to not follow a direction or process any investment for administrative or cost related reasons. Execution of Participant Depositor's instructions or refusal to execute same does not constitute investment advice or an opinion by the Custodian as to the investment's prudence or viability. Participant Xxxxxxxxx agrees that the Custodian shall have no discretionary power, authority or control with respect to the management, investment or disposition of the Participant 's assets or any discretionary authority with regard to the management of the Participant 's account. Participant agrees and acknowledges that Xxxxxxxxx is not a fiduciary with respect to the Participant, the Participant 's account or any investment.Custodian
Appears in 2 contracts
Samples: Traditional Individual Retirement Custodial Agreement, Traditional Individual Retirement Custodial Agreement
Investment of Contributions. At In accordance with the direction of the Participant, instructions given to the Custodian shall invest and reinvest all contributions to the account and earnings thereon as directed by the Participant Depositor (or the direction of the beneficiary(ies) upon the Participant Depositor's death) in investments that the Custodian, at Custodian’s sole discretion, Custodian determines it can feasibly administer, which may include but are not limited to marketable securities traded on a recognized exchange or "over the counter" (excluding any securities issued by the custodianCustodian), options, mutual funds, common trust funds or other common investment funds that qualify under Section 408(b)(5) (including without limitation qualifying pooled custodial accounts and pooled custodial funds), certificates of deposit, real estate, real estate contracts, mortgages, leases, mortgage notes, debentures, individually negotiated debt instruments, promissory notes, private equity investments in closely held businesses, tax liens and tax anticipation warrants, deeds of trust, and other publicpublic , private or alternative investments that the Custodian determines it can feasibly administer, in such amounts as are specifically selected and specified by the Participant Depositor in orders to the Custodian in such form as may be acceptable to the Custodian, without any duty to diversify and without regard to whether such property is authorized by the laws of any jurisdiction as a trust custodial investment or IRA investment or and even if such investment will result in a prohibited transaction, unrelated business taxable income ("“UBTI"”) or a reportable transaction. In addition, the account designated representative (as described below and in the SIMPLE IRA Xxxx XXX adoption agreement) may give the Custodian directions to have the Custodian buy, sell or reinvest public securities, digital assets securities and investments that are traded on a recognized exchange or “over the counter” (excluding any securities issued by the custodianCustodian). The account designated representative may not direct the Custodian with regard to any alternative or private investmentsinvestment. The Custodian shall be responsible only for the execution of such orders and for maintaining adequate records thereof. However, if any such orders are not received in a form acceptable to the Custodian as required, or, if received, are unclear or administratively unfeasible in the sole opinion of the Custodian, all or a portion of the account may be held in its current investments or remain un-un- invested without liability for loss of income or appreciation, and without liability for interest pending receipt of such orders or clarification as are acceptable to the Custodian in its sole discretion, or if a new contribution, the contribution may be returned. The Custodian may, but need not, establish programs under which cash deposits in excess of a minimum set by it will be periodically and automatically invested in interest-bearing investment funds. The Custodian shall have no duty other than to follow the written investment directions of the ParticipantDepositor, which duty shall be subject to the other terms and conditions of this agreement. The Custodian shall be under no duty to question said instructions and shall not be liable for any investment losses or adverse tax consequences of any kind whatsoever sustained by the Participantdepositor. In addition, the Custodian reserves the right to not follow a Depositor's (or an account designated representative’s or beneficiary's) direction or process any investment for administrative or cost cost-related reasons. Execution of Participant Depositor's instructions or refusal to execute same does not constitute investment advice or an opinion by the Custodian as to the investment's prudence or viability. Participant Depositor agrees that the Custodian shall have no discretionary power, authority or control with respect to the management, investment or disposition of the Participant Depositor's assets or any discretionary authority with regard to the management of the Participant Depositor's account. Participant Xxxxxxxxx agrees and acknowledges that Xxxxxxxxx the Custodian is not a fiduciary with respect to the ParticipantDepositor, the Participant Depositor's account or any investment.
Appears in 2 contracts
Samples: Simple Ira Custodial Agreement, Roth Individual Retirement Custodial Agreement
Investment of Contributions. At the direction of the Participant, the Custodian shall invest and reinvest all contributions to the account and earnings thereon as directed by the Participant (or the direction of the beneficiary(ies) upon the Participant 's death) in investments that the Custodian, at Custodian’s sole discretion, determines it can feasibly administer, which may include but are not limited to marketable securities traded on a recognized exchange or "over the counter" (excluding any securities issued by the custodian), options, mutual funds, common trust funds or other common investment funds that qualify under Section 408(b)(5) (including without limitation qualifying pooled custodial accounts and pooled custodial funds), certificates of deposit, real estate, real estate contracts, mortgages, leases, mortgage notes, debentures, individually negotiated debt instruments, promissory notes, private equity investments in closely held businesses, tax liens and tax anticipation warrants, deeds of trust, and other public, private or alternative investments that the Custodian determines it can feasibly administer, in such amounts as are specifically selected and specified by the Participant in orders to the Custodian in such form as may be acceptable to the Custodian, without any duty to diversify and without regard to whether such property is authorized by the laws of any jurisdiction as a trust investment or IRA investment or even if such investment will result in a prohibited transaction, unrelated business taxable income ("UBTI") or a reportable transaction. In addition, the account designated representative (as described below and in the SIMPLE Traditional IRA adoption agreement) may give the Custodian directions to have the Custodian buy, sell or reinvest public securities, digital assets securities and investments that are traded on a recognized exchange or “”over the counter” " (excluding any securities issued by the custodian). The account designated representative may not direct the Custodian with regard to any alternative or private investments. The Custodian shall be responsible only for the execution of such orders and for maintaining adequate records thereof. However, if any such orders are not received in a form acceptable to the Custodian as required, or, if received, are unclear or administratively unfeasible in the sole opinion of the Custodian, all or a portion of the account may be held in its current investments or remain un-invested without liability for loss of income or appreciation, and without liability for interest pending receipt of such orders or clarification as are acceptable to the Custodian in its sole discretion, or if a new contribution, the contribution may be returned. The Custodian may, but need not, establish programs under which cash deposits in excess of a minimum set by it will be periodically and automatically invested in interest-interest- bearing investment funds. The Custodian shall have no duty other than to follow the written investment directions of the Participant, which duty shall be subject to the other terms and conditions of this agreement. The Custodian shall be under no duty to question said instructions and shall not be liable for any investment losses or adverse tax consequences of any kind whatsoever sustained by the Participant. In addition, the Custodian reserves the right to not follow a direction or process any investment for administrative or cost related reasons. Execution of Participant 's instructions or refusal to execute same does not constitute investment advice or an opinion by the Custodian as to the investment's prudence or viability. Participant agrees that the Custodian shall have no discretionary power, authority or control with respect to the management, investment or disposition of the Participant 's assets or any discretionary authority with regard to the management of the Participant 's account. Participant agrees and acknowledges that Xxxxxxxxx Custodian is not a fiduciary with respect to the Participant, the Participant 's account or any investment.
Appears in 2 contracts
Samples: Simple Ira Custodial Agreement, Simple Ira Custodial Agreement
Investment of Contributions. At In conjunction with sections 11.08 and 11.10 of this Agreement, at the direction of the ParticipantDepositor (or the direction of the designated beneficiary upon the Depositor’s death), the Administrator or Custodian shall invest and reinvest all contributions to the account and earnings thereon as directed in investments which may be considered administratively feasible by the Participant (or the direction of the beneficiary(ies) upon the Participant 's death) in investments that the Custodian, at Custodian’s sole discretion, determines it can feasibly administer, which may include but are not limited to marketable securities traded on a recognized exchange or "over the counter" (excluding any securities issued by the custodianCustodian or Administrator), real estate, trust deeds, limited partnerships, private placement offerings, covered call options, mutual funds, common trust funds or other common investment funds that qualify under Section 408(b)(5) (including without limitation qualifying pooled custodial accounts and pooled custodial funds), certificates of deposit, real estate, real estate contracts, mortgages, leases, mortgage notes, debentures, individually negotiated debt instruments, promissory notes, private equity investments in closely held businesses, tax liens and tax anticipation warrants, deeds of trust, and other public, private or alternative investments that to which the Custodian determines it can feasibly administerconsents, in such amounts as are specifically selected and specified by the Participant Depositor in orders to the Administrator or Custodian in such form as may be acceptable to the CustodianCustodian or Administrator, without any duty to diversify and without regard to whether such property is authorized by the laws of any jurisdiction as a trust investment or IRA investment or even if such investment will result in a prohibited transaction, unrelated business taxable income ("UBTI") or a reportable transaction. In addition, the account designated representative (as described below and in the SIMPLE IRA adoption agreement) may give the Custodian directions to have the Custodian buy, sell or reinvest public securities, digital assets and investments that are traded on a recognized exchange or “over the counter” (excluding any securities issued by the custodian). The account designated representative may not direct the Custodian with regard to any alternative or private investmentsinvestment. The Custodian or Administrator shall be responsible only for the execution of such orders and for maintaining adequate records thereof. However, if any such orders are not received in a form acceptable to the Custodian as required, or, if received, are unclear or administratively unfeasible in the sole opinion of the CustodianCustodian or Administrator, all or a portion of the account contribution may be held in its current investments or remain un-invested uninvested without liability for loss of income or appreciation, and without liability for interest pending receipt of such orders or clarification as are acceptable to the Custodian in its sole discretionclarification, or if a new contribution, the contribution may be returned. The Custodian may, but need not, establish programs under which cash deposits and uninvested funds in excess of a minimum set by it will be periodically and automatically invested in government insured interest-bearing investment fundsfunds or accounts. The Custodian shall have no duty other than to follow the written investment directions of the ParticipantDepositor, which duty shall be subject to the other terms and conditions of this agreement. The Custodian shall be under no duty to question said instructions and shall not be liable for any investment losses or adverse tax consequences of any kind whatsoever sustained by the Participant. In addition, the Custodian reserves the right to not follow a direction or process Depositor under any investment for administrative or cost related reasons. Execution of Participant 's instructions or refusal to execute same does not constitute investment advice or an opinion by the Custodian as to the investment's prudence or viability. Participant agrees that the Custodian shall have no discretionary power, authority or control with respect to the management, investment or disposition of the Participant 's assets or any discretionary authority with regard to the management of the Participant 's account. Participant agrees and acknowledges that Xxxxxxxxx is not a fiduciary with respect to the Participant, the Participant 's account or any investmentcircumstances.
Appears in 2 contracts
Samples: Health Savings Custodial Account, Health Savings Custodial Account
Investment of Contributions. At In accordance with instructions given to the direction of the ParticipantCustodian, the Custodian shall invest and reinvest all contributions to the account and earnings thereon as directed by the Applicant/Plan Participant (or the direction of the beneficiary(ies) upon the Participant Applicant/Plan Participant's death) in investments that the Custodian, at CustodianXxxxxxxxx’s sole discretion, determines it can feasibly administer, which may include but are not limited to marketable securities traded on a recognized exchange or "over the counter" (excluding any securities issued by the custodian), options, mutual funds, common trust funds or other common investment funds that qualify under Section 408(b)(5) (including without limitation qualifying pooled custodial accounts and pooled custodial funds), certificates of deposit, real estate, real estate contracts, mortgages, leases, mortgage notes, debentures, individually negotiated debt instruments, promissory notes, private equity investments in closely held businesses, tax liens and tax anticipation warrants, deeds of trust, and other public, private or alternative investments that the Custodian determines it can feasibly administer, in such amounts as are specifically selected and specified by the Applicant/Plan Participant in orders to the Custodian in such form as may be acceptable to the Custodian, without any duty to diversify and without regard to whether such property is authorized by the laws of any jurisdiction as a trust investment or IRA investment or even if such investment will result in a prohibited transaction, unrelated business taxable income ("UBTI") or a reportable transaction. In addition, the account designated representative (as described below and in the SIMPLE SEP IRA adoption agreement) may give the Custodian directions to have the Custodian buy, sell or reinvest public securities, digital assets and investments that are traded on a recognized exchange or “”over the counter” " (excluding any securities issued by the custodian). The account designated representative may not direct the Custodian with regard to any alternative or private investments. The Custodian shall be responsible only for the execution of such orders and for maintaining adequate records thereof. However, if any such orders are not received in a form acceptable to the Custodian as required, or, if received, are unclear or administratively unfeasible in the sole opinion of the Custodian, all or a portion of the account may be held in its current investments or remain un-invested without liability for loss of income or appreciation, and without liability for interest pending receipt of such orders or clarification as are acceptable to the Custodian in its sole discretion, or if a new contribution, the contribution may be returned. The Custodian may, but need not, establish programs under which cash deposits in excess of a minimum set by it will be periodically and automatically invested in interest-bearing investment funds. The Custodian shall have no duty other than to follow the written investment directions of the Applicant/Plan Participant, which duty shall be subject to the other terms and conditions of this agreement. The Custodian shall be under no duty to question said instructions and shall not be liable for any investment losses or adverse tax consequences of any kind whatsoever sustained by the Applicant/Plan Participant. In addition, the Custodian reserves the right to not follow a direction or process any investment for administrative or cost related reasons. Execution of Participant Applicant/Plan Participant's instructions or refusal to execute same does not constitute investment advice or an opinion by the Custodian as to the investment's prudence or viability. Applicant/Plan Participant agrees that the Custodian shall have no discretionary power, authority or control with respect to the management, investment or disposition of the Participant Applicant/Plan Participant's assets or any discretionary authority with regard to the management of the Participant Applicant/Plan Participant's account. Applicant/Plan Participant agrees and acknowledges that Xxxxxxxxx Custodian is not a fiduciary with respect to the Applicant/Plan Participant, the Participant Applicant/Plan Participant's account or any investment.
Appears in 2 contracts
Samples: Custodial Agreement, Traditional Individual Retirement Custodial Agreement
Investment of Contributions. At the direction of the Participant, When the Custodian accepts and signs this Agreement, it shall invest and reinvest establish a Custodial Account consisting of all separate Participant accounts under this Plan. All contributions to the account Plan shall be invested and earnings thereon as directed by the Participant (or the direction of the beneficiary(ies) upon the Participant 's death) reinvested in investments that the Custodian, at Custodian’s sole discretion, determines it can feasibly administer, which may include but are not limited to such marketable securities (including options) traded on a recognized exchange by or obtainable through the Custodian either "over the counter" or on a recognized exchange (excluding any securities issued by the custodianCustodian), options, mutual funds, common trust funds or other common investment funds that qualify under Section 408(b)(5) (including without limitation qualifying pooled custodial accounts and pooled custodial funds), certificates of deposit, real estate, real estate contracts, mortgages, leases, mortgage notes, debentures, individually negotiated debt instruments, promissory notes, private equity investments in closely held businesses, tax liens and tax anticipation warrants, deeds of trust, and other public, private or alternative investments that the Custodian determines it can feasibly administer, in such amounts amounts, as are specifically selected and specified by the Participant in orders to the Custodian in such form and either directly or through the Administrator as may be he acceptable to the Custodian, without any duty to diversify and without regard to whether such property is authorized by the laws of any jurisdiction as a trust investment or IRA investment or even if such investment will result in a prohibited transaction, unrelated business taxable income ("UBTI") or a reportable transaction. In addition, the account designated representative (as described below and in the SIMPLE IRA adoption agreement) may give the Custodian directions to have the Custodian buy, sell or reinvest public securities, digital assets and investments that are traded on a recognized exchange or “over the counter” (excluding any securities issued by the custodian). The account designated representative may not direct the Custodian with regard to any alternative or private investments. The Custodian shall be responsible only for the execution of such orders and for maintaining adequate records thereof. However, if any such orders are not received in a form acceptable to the Custodian as required, required or, if received, are unclear or administratively unfeasible in the sole opinion of the Custodian, all or a portion of the account contribution may be held in its current investments or remain un-invested uninvested without liability for loss of income or appreciation, and without liability for interest interest, pending receipt of such orders or clarification as are acceptable to the Custodian in its sole discretion, clarification; or if a new contribution, the contribution may be returned. The Amounts referred to in the next preceding sentence may be invested, and dividends, interest, proceeds of the sale of securities, and other cash receipts not intended as payment for securities shall be invested, in a daily-interest money market mutual fund which is sponsored and/or managed by the Custodian mayor any affiliate of the Custodian pending receipt of contrary orders, except that a balance of to $200 of uninvested cash may (but need not, establish programs under which cash deposits ) be maintained for administrative convenience. All assets of the Custodial Account shall be registered in excess the name of the Custodian or of a minimum set suitable nominee. The same nominee may be used with respect to (1) assets of the Accounts of all (or some) of the Participants, and (2) assets of other investors whether or not held under agreements similar to this one or in any capacity whatsoever. However, each Participant's Account shall be separate and distinct; a separate account thereof shall be maintained by it will the Custodian; and the assets thereof shall be periodically held by the Custodian in individual or bulk segregation either in the Custodian's vaults or in depositories approved by the Securities and automatically invested in interest-bearing investment fundsExchange Commission under the Securities Exchange Act of 1934. The Custodian shall have no duty other than to follow the written investment directions of the Participant, which duty shall be subject does not assume any responsibility for rendering advice with respect to the other terms investment and conditions reinvestment of this agreement. The Custodian shall be under no duty to question said instructions a Participant's Account and shall not be liable for any investment losses or adverse tax consequences of any kind whatsoever sustained by loss which results from the Participant's exercise of control over his Account. In addition, the Custodian reserves the right to not follow a direction or process any investment for administrative or cost related reasons. Execution of Participant 's instructions or refusal to execute same does not constitute investment advice or an opinion by the Custodian as Except only to the investment's prudence or viability. Participant agrees extent (and upon the terms) that the Custodian shall have no discretionary power, authority specifically agrees with the Employer or control with respect to the management, investment or disposition of the Participant 's assets or any discretionary authority with regard in writing from time to time that the management of the Participant 's account. Participant agrees and acknowledges that Xxxxxxxxx is not a fiduciary with respect to the ParticipantCustodian will render such advice, the Participant 's account shall have and exercise exclusive responsibility for and control over the investment of the assets of his Account, and the Custodian shall not have any duty to question his directions in that regard or any investmentto advise him regarding purchase, retention, or sale of such assets.
Appears in 1 contract
Samples: Self Employed Retirement Plan (Freedom Mutual Fund)
Investment of Contributions. (a) At the direction of the Participant, the Custodian shall invest and reinvest all contributions to the account and earnings thereon as directed by the Participant Depositor (or the direction of the beneficiary(ies) beneficiary upon the Participant Depositor's death) ), the Custodian shall invest all contributions to the Custodial Account and earnings thereon in investments that are acceptable to the Custodian, at and that are considered administratively feasible by the Custodian’s sole discretion, determines it can feasibly administer, which may include but are not limited to marketable securities traded on a recognized exchange or "over the counter" (excluding any securities issued by the custodian), options, mutual funds, common trust funds or other common investment funds that qualify under Section 408(b)(5) (including without limitation qualifying pooled custodial accounts and pooled custodial fundsCustodian), certificates of deposit, real estate, real estate contracts, mortgages, leases, mortgage notes, debentures, individually negotiated debt instruments, promissory notes, private equity investments in closely held businesses, tax liens and tax anticipation warrants, deeds of trust, mortgages, unsecured notes, limited partnerships, limited liability companies, private stock, other private placement offerings, and other public, private or alternative investments that to which the Custodian determines it can feasibly administerconsents, in such amounts as are specifically selected and specified by the Participant Depositor in orders to the Custodian in such form as may be acceptable to the Custodian, without any duty to diversify and without regard to whether such property is authorized by the laws of any jurisdiction as a trust investment or IRA investment or even if such investment will result in a prohibited transaction, unrelated business taxable income ("UBTI") or a reportable transaction. In addition, the account designated representative (as described below and in the SIMPLE IRA adoption agreement) may give the Custodian directions to have the Custodian buy, sell or reinvest public securities, digital assets and investments that are traded on a recognized exchange or “over the counter” (excluding any securities issued by the custodian). The account designated representative may not direct the Custodian with regard to any alternative or private investmentsinvestment. The Custodian shall be responsible only for the execution of such orders and for maintaining adequate records thereof. However, if any such orders are not received in a form acceptable to the Custodian as required, or, if received, are unclear or administratively unfeasible in the sole opinion of the Custodian, or if there is insufficient Undirected Cash in the Custodial Account to comply with such orders, all or a portion of the account contribution may be held in its current investments or remain un-invested uninvested without liability for loss of income or appreciation, and without liability for interest pending receipt of such orders or clarification as are acceptable to the Custodian in its sole discretionclarification, or if a new contribution, the contribution may be returned. The Custodian may, but need not, establish programs under which cash deposits in excess of a minimum set by it will be periodically and automatically invested in interest-bearing investment funds. The Custodian the Administrator shall have no duty other than to follow the written investment directions of the ParticipantDepositor, which duty shall be subject to the other terms and conditions of this agreement. The Custodian shall be under no duty to question said instructions and shall not be liable for any investment losses or adverse tax consequences of any kind whatsoever sustained by the Participant. In addition, Depositor under any circumstances.
(b) Depositor hereby acknowledges and agrees that Custodian will deposit all Undirected Cash in the Custodian reserves the right to not follow a direction Custodial Account into pooled deposit accounts at one or process any investment for administrative more FDIC or cost related reasons. Execution of Participant 's instructions other United States government insured institutions or refusal to execute same does not constitute investment advice in United States government securities or an opinion in securities that are insured or guaranteed by the United States government pending further investment direction by Depositor. All income generated by Undirected Cash in Custodian’s pooled deposit accounts shall be retained by Custodian as fees, as described in paragraph 8.07(e) above. Depositor authorizes Custodian to transfer any Undirected Cash in the investment's prudence Custodial Account into any FDIC insured financial institution or viability. Participant agrees in United States government securities or in securities that are insured or guaranteed by the Custodian shall have no discretionary power, authority United States government without any further approval or control with respect to direction by the management, investment or disposition of the Participant 's assets or any discretionary authority with regard to the management of the Participant 's account. Participant agrees and acknowledges that Xxxxxxxxx is not a fiduciary with respect to the Participant, the Participant 's account or any investmentDepositor.
Appears in 1 contract
Samples: Simplified Employee Pension—individual Retirement Accounts Contribution Agreement
Investment of Contributions. In conjunction with sections 9.08 and 9.09 of this Agreement, At the direction of the Participant, Depositor the Administrator or Custodian shall invest and reinvest all contributions to the account and earnings thereon as directed in investments which may be considered administratively feasible by the Participant (or the direction of the beneficiary(ies) upon the Participant 's death) in investments that the Custodian, at Custodian’s sole discretion, determines it can feasibly administer, which may include but are not limited to marketable securities traded on a recognized exchange or "over the counter" (excluding any securities issued by the custodian)Custodian or Administrator),real estate, optionstrust deeds, mutual fundslimited partnerships, common trust funds or other common investment funds that qualify under Section 408(b)(5) (including without limitation qualifying pooled custodial accounts and pooled custodial funds)private placement offerings, certificates of deposit, real estate, real estate contracts, mortgages, leases, mortgage notes, debentures, individually negotiated debt instruments, promissory notes, private equity investments in closely held businesses, tax liens and tax anticipation warrants, deeds of trust, and other public, private or alternative investments that to which the Custodian determines it can feasibly administerconsents, in such amounts as are specifically selected and specified by the Participant Depositor in orders to the Administrator or Custodian in such form as may be acceptable to the CustodianCustodian or Administrator, without any duty to diversify and without regard to whether such property is authorized by the laws of any jurisdiction as a trust investment or IRA investment or even if such investment will result in a prohibited transaction, unrelated business taxable income ("UBTI") or a reportable transaction. In addition, the account designated representative (as described below and in the SIMPLE IRA adoption agreement) may give the Custodian directions to have the Custodian buy, sell or reinvest public securities, digital assets and investments that are traded on a recognized exchange or “over the counter” (excluding any securities issued by the custodian). The account designated representative may not direct the Custodian with regard to any alternative or private investmentsCustodial investment. The Custodian or Administrator shall be responsible only for the execution of such orders and for maintaining adequate records thereof. However, if any such orders are not received in a form acceptable to the Custodian as required, or, if received, are unclear or administratively unfeasible in the sole opinion of the CustodianCustodian or Administrator, all or a portion of the account contribution may be held in its current investments or remain un-invested uninvested without liability for loss of income or appreciation, and without liability for interest pending receipt of such orders or clarification as are acceptable to the Custodian in its sole discretionclarification, or if a new contribution, the contribution may be returned. The Custodian may, but need not, establish programs under which cash deposits and uninvested funds in excess of a minimum set by it will be periodically and automatically invested in government insured interest-bearing investment fundsfunds or accounts. The Custodian shall have no duty other than to follow the written investment directions of the ParticipantDepositor, which duty shall be subject to the other terms and conditions of this agreement. The Custodian shall be under no duty to question said instructions and shall not be liable for any investment losses or adverse tax consequences of any kind whatsoever sustained by the Participant. In addition, the Custodian reserves the right to not follow a direction or process Depositor under any investment for administrative or cost related reasons. Execution of Participant 's instructions or refusal to execute same does not constitute investment advice or an opinion by the Custodian as to the investment's prudence or viability. Participant agrees that the Custodian shall have no discretionary power, authority or control with respect to the management, investment or disposition of the Participant 's assets or any discretionary authority with regard to the management of the Participant 's account. Participant agrees and acknowledges that Xxxxxxxxx is not a fiduciary with respect to the Participant, the Participant 's account or any investmentcircumstances.
Appears in 1 contract
Samples: Roth Individual Retirement Custodial Account Agreement
Investment of Contributions. (a) At the direction of the Participant, the Custodian shall invest and reinvest all contributions to the account and earnings thereon as directed by the Participant Account Beneficiary (or the direction of the beneficiary(ies) designated beneficiary upon the Participant 's Account Beneficiary’s death) ), the Custodian shall invest all contributions to the Custodial Account and earnings thereon in investments that are acceptable to the Custodian, at and that are considered administratively feasible by the Custodian’s sole discretion, determines it can feasibly administer, which may include but are not limited to marketable securities traded on a recognized exchange or "over the counter" (excluding any securities issued by the custodian), options, mutual funds, common trust funds or other common investment funds that qualify under Section 408(b)(5) (including without limitation qualifying pooled custodial accounts and pooled custodial fundsCustodian), certificates of deposit, real estate, real estate contracts, mortgages, leases, mortgage notes, debentures, individually negotiated debt instruments, promissory notes, private equity investments in closely held businesses, tax liens and tax anticipation warrants, deeds of trust, mortgages, unsecured notes, limited partnerships, limited liability companies, private stock, other private placement offerings, and other public, private or alternative investments that to which the Custodian determines it can feasibly administerconsents, in such amounts as are specifically selected and specified by the Participant Account Owner or Designated Beneficiary in orders to the Custodian in such form as may be acceptable to the Custodian, without any duty to diversify and without regard to whether such property is authorized by the laws of any jurisdiction as a trust investment or IRA investment or even if such investment will result in a prohibited transaction, unrelated business taxable income ("UBTI") or a reportable transaction. In addition, the account designated representative (as described below and in the SIMPLE IRA adoption agreement) may give the Custodian directions to have the Custodian buy, sell or reinvest public securities, digital assets and investments that are traded on a recognized exchange or “over the counter” (excluding any securities issued by the custodian). The account designated representative may not direct the Custodian with regard to any alternative or private investmentsinvestment. The Custodian shall be responsible only for the execution of such orders and for maintaining adequate records thereof. However, if any such orders are not received in a form acceptable to the Custodian as required, or, if received, are unclear or administratively unfeasible in the sole opinion of the Custodian, or if there is insufficient Undirected Cash in the Custodial Account to comply with such orders, all or a portion of the account contribution may be held in its current investments or remain un-invested uninvested without liability for loss of income or appreciation, and without liability for interest pending receipt of such orders or clarification as are acceptable to the Custodian in its sole discretionclarification, or if a new contribution, the contribution may be returned. The Custodian may, but need not, establish programs under which cash deposits in excess of a minimum set by it will be periodically and automatically invested in interest-bearing investment funds. The Custodian shall have no duty other than to follow the written investment directions of the ParticipantAccount Owner or Designated Beneficiary, which duty shall be subject to the other terms and conditions of this agreement. The Custodian shall be under no duty to question said instructions and shall not be liable for any investment losses or adverse tax consequences of any kind whatsoever sustained by the Participant. In addition, Account Owner or Designated Beneficiary under any circumstances.
(b) Account Owner and Designated Beneficiary hereby acknowledge and agree that Custodian will deposit all Undirected Cash in the Custodian reserves the right to not follow a direction Custodial Account into pooled deposit accounts at one or process any investment for administrative more FDIC or cost related reasons. Execution of Participant 's instructions other United States government insured institutions or refusal to execute same does not constitute investment advice in United States government securities or an opinion in securities that are insured or guaranteed by the United States government pending further investment direction by Account Owner or Designated Beneficiary. All income generated by Undirected Cash in Custodian’s pooled deposit accounts shall be retained by Custodian as fees, as described in Section 11.07(e) of this Custodial Agreement. Account Owner or Designated Beneficiary authorizes Custodian to transfer any Undirected Cash in the investment's prudence Custodial Account into any FDIC insured financial institution or viability. Participant agrees in United States government securities or in securities that are insured or guaranteed by the Custodian shall have no discretionary power, authority United States government without any further approval or control with respect to direction by the management, investment Account Owner or disposition of the Participant 's assets or any discretionary authority with regard to the management of the Participant 's account. Participant agrees and acknowledges that Xxxxxxxxx is not a fiduciary with respect to the Participant, the Participant 's account or any investmentDesignated Beneficiary.
Appears in 1 contract
Investment of Contributions. At In accordance with instructions given to the direction of the Participantcustodian, the Custodian custodian shall invest and reinvest all contributions to the account and earnings thereon as directed by the Participant depositor (or the direction of the beneficiary(ies) upon the Participant depositor's death) in investments that the Custodian, at Custodian’s sole discretion, custodian determines it can feasibly practicably administer, which may include but are not limited to marketable securities traded on a recognized exchange or "over the counter" (excluding any securities issued by the custodian), options, mutual funds, common trust funds or other common investment funds that qualify under Section 408(b)(5) (including without limitation qualifying pooled custodial accounts and pooled custodial funds), certificates of deposit, real estate, real estate contracts, mortgages, leases, mortgage notes, debentures, individually negotiated debt instruments, promissory notes, private equity investments in closely held businesses, tax liens and tax anticipation warrants, deeds of trust, and other public, private or alternative investments that the Custodian determines it can feasibly practicably administer, in such amounts as are specifically selected and specified by the Participant depositor in orders to the Custodian custodian in such form as may be acceptable to the Custodiancustodian, without any duty to diversify and without regard to whether such property is authorized by the laws of any jurisdiction as a trust investment or IRA investment or even if such investment will result in a prohibited transaction, unrelated business taxable income ("UBTI") or a reportable transaction. In addition, the account designated representative (as described below and in the SIMPLE Traditional IRA adoption agreement) may give the Custodian custodian directions to have the Custodian custodian buy, sell or reinvest public securities, digital assets securities and investments that are traded on a recognized exchange or “”over the counter” " (excluding any securities issued by the custodian). The account designated representative may not direct the Custodian custodian with regard to any alternative or private investments. The Custodian custodian shall be responsible only for the execution of such orders and for maintaining adequate records thereof. However, if any such orders are not received in a form acceptable to the Custodian as required, or, if received, are unclear or administratively unfeasible in the sole opinion of the Custodiancustodian, all or a portion of the account may be held in its current investments or remain un-invested without liability for loss of income or appreciation, and without liability for interest pending receipt of such orders or clarification as are acceptable to the Custodian custodian in its sole discretion, or if a new contribution, the contribution may be returned. The Custodian custodian may, but need not, establish programs under which cash deposits in excess of a minimum set by it will be periodically and automatically invested in interest-interest- bearing investment funds. The Custodian custodian shall have no duty other than to follow the written investment directions of the Participantdepositor, which duty shall be subject to the other terms and conditions of this agreement. The Custodian custodian shall be under no duty to question said instructions and shall not be liable for any investment losses or adverse tax consequences of any kind whatsoever sustained by the Participantdepositor. In addition, the Custodian custodian reserves the right to not follow a direction direction, or process any investment for administrative or cost related reasons. Execution of Participant depositor's instructions or refusal to execute same does not constitute investment advice or an opinion by the Custodian custodian as to the investment's prudence or viability. Participant agrees that the Custodian shall have no discretionary power, authority or control with respect to the management, investment or disposition of the Participant 's assets or any discretionary authority with regard to the management of the Participant 's account. Participant Xxxxxxxxx agrees and acknowledges that Xxxxxxxxx custodian is a directed custodian and does not a fiduciary with respect to the Participantprovide tax, the Participant 's account legal or any investmentinvestment advice.
Appears in 1 contract
Samples: Traditional Individual Retirement Custodial Agreement
Investment of Contributions. At In accordance with instructions given to the direction of the Participantcustodian, the Custodian custodian shall invest and reinvest all contributions to the account and earnings thereon as directed by the Participant depositor (or the direction of the beneficiary(ies) upon the Participant depositor's death) in investments that the Custodian, at Custodian’s sole discretion, custodian determines it can feasibly practicably administer, which may include but are not limited to marketable securities traded on a recognized exchange or "over the counter" (excluding any securities issued by the custodian), options, mutual funds, common trust funds or other common investment funds that qualify under Section 408(b)(5) (including without limitation qualifying pooled custodial accounts and pooled custodial funds), certificates of deposit, real estate, real estate contracts, mortgages, leases, mortgage notes, debentures, individually negotiated debt instruments, promissory notes, private equity investments in closely held businesses, tax liens and tax anticipation warrants, deeds of trust, and other public, private or alternative investments that the Custodian determines it can feasibly practicably administer, in such amounts as are specifically selected and specified by the Participant depositor in orders to the Custodian custodian in such form as may be acceptable to the Custodiancustodian, without any duty to diversify and without regard to whether such property is authorized by the laws of any jurisdiction as a trust investment or IRA investment or even if such investment will result in a prohibited transaction, unrelated business taxable income ("UBTI") or a reportable transaction. In addition, the account designated representative (as described below and in the SIMPLE Traditional IRA adoption agreement) may give the Custodian custodian directions to have the Custodian custodian buy, sell or reinvest public securities, digital assets securities and investments that are traded on a recognized exchange or “"over the counter” " (excluding any securities issued by the custodian). The account designated representative may not direct the Custodian custodian with regard to any alternative or private investments. The Custodian custodian shall be responsible only for the execution of such orders and for maintaining adequate records thereof. However, if any such orders are not received in a form acceptable to the Custodian as required, oror , if received, are unclear or administratively unfeasible in the sole opinion of the Custodiancustodian, all or a portion of the account may be held in its current investments or remain un-invested without liability for loss of income or appreciation, and without liability for interest pending receipt of such orders or clarification as are acceptable to the Custodian custodian in its sole discretion, or if a new contribution, the contribution may be returned. The Custodian custodian may, but need not, establish programs under which cash deposits in excess of a minimum set by it will be periodically and automatically invested in interest-interest- bearing investment funds. The Custodian custodian shall have no duty other than to follow the written investment directions of the Participantdepositor, which duty shall be subject to the other terms and conditions of this agreement. The Custodian custodian shall be under no duty to question said instructions and shall not be liable for any investment losses or adverse tax consequences of any kind whatsoever sustained by the Participantdepositor. In addition, the Custodian custodian reserves the right to not follow a direction direction, or process any investment for administrative or cost related reasons. Execution of Participant depositor's instructions or refusal to execute same does not constitute investment advice or an opinion by the Custodian custodian as to the investment's prudence or viability. Participant Depositor agrees that the Custodian custodian shall have no discretionary power, authority or control with respect to the management, investment or disposition of the Participant depositor's assets or any discretionary authority with regard to the management of the Participant depositor's account. Participant Xxxxxxxxx agrees and acknowledges that Xxxxxxxxx custodian is a directed custodian and does not a fiduciary with respect to the Participantprovide tax, the Participant 's account legal or any investmentinvestment advice.
Appears in 1 contract
Samples: Custodial Agreement
Investment of Contributions. At the direction of the ParticipantDepositor (or the direction of the beneficiary upon the Depositor's death), the Custodian shall invest and reinvest all contributions to the account and earnings thereon as directed by the Participant (or the direction of the beneficiary(ies) upon the Participant 's death) in investments that acceptable to the Custodian, at Custodian’s sole discretion, determines it can feasibly administer, which may include but are not limited to marketable securities traded on a recognized exchange or "over the counter" (excluding any securities issued by the custodianCustodian), covered call options, mutual funds, common trust funds or other common investment funds that qualify under Section 408(b)(5) (including without limitation qualifying pooled custodial accounts and pooled custodial funds), certificates of deposit, real estate, real estate contracts, mortgages, leases, mortgage notes, debentures, individually negotiated debt instruments, promissory notes, private equity investments in closely held businesses, tax liens and tax anticipation warrants, deeds of trust, and other public, private or alternative investments that to which the Custodian determines it can feasibly administerconsents, in such amounts as are specifically selected and specified by the Participant Depositor in orders to the Custodian in such form as may be acceptable to the Custodian, without any duty to diversify and without regard to whether such property is authorized by the laws of any jurisdiction as a trust investment or IRA investment or even investment. If the Depositor elects to establish a Zacks Funds Xxxx XXX, investments are limited to, and must be selected from the currently available Zacks Funds family of mutual funds as listed on the Adoption Agreement. Minimum investments, if such investment will result in a prohibited transactionany, unrelated business taxable income ("UBTI") or a reportable transaction. In addition, the account designated representative (as described below and are listed in the SIMPLE IRA adoption agreement) may give the Custodian directions to have the Custodian buy, sell or reinvest public securities, digital assets and investments that are traded on a recognized exchange or “over the counter” (excluding any securities issued by the custodian). The account designated representative may not direct the Custodian with regard to any alternative or private investmentsZacks Funds prospectus. The Custodian shall be responsible only for the execution of such orders and for maintaining adequate records thereof. However, if any such orders are not received in a form acceptable to the Custodian as required, or, if received, are unclear or administratively unfeasible in the sole opinion of the Custodian, all or a portion of the account contribution may be held in its current investments or remain un-invested uninvested without liability for loss of income or appreciation, and without liability for interest pending receipt of such orders or clarification as are acceptable to the Custodian in its sole discretionclarification, or if a new contribution, the contribution may be returned. The Custodian may, but need not, establish programs under which cash deposits in excess of a minimum set by it will be periodically and automatically invested in interest-bearing investment funds. If the Depositor’s initial contribution to the Account is in the form of cash, the Custodian may invest the contribution in its own bank account, in one or more of the taxable Money Market Fund portfolios selected by the Depositor, or in another fixed income medium, pending further investment, unless the Custodian has received other instructions from the Depositor. At the Depositor’s option, the Custodian will keep all cash invested on a daily basis through the Custodian’s automated cash management system, through use of one or more of the taxable Money Market Fund portfolios. If the Depositor’s initial contribution is in the form of assets in kind, the Custodian shall retain the assets pending instructions from the Depositor. The Custodian shall have no duty other than to follow the written investment directions of the ParticipantDepositor, which duty shall be subject to the other terms and conditions of this agreement. The Custodian shall be under no duty to question said instructions and shall not be liable for any investment losses or adverse tax consequences of any kind whatsoever sustained by the ParticipantDepositor. In additionFor Xxxxx Funds Xxxx IRAs, to the extent the Depositor has not directed other investments, the Custodian reserves may maintain the right cash as may deemed advisable or expedient (with no requirement to not follow a direction or process any pay interest on such cash balances nor on cash in its hands pending investment). All investment for administrative or cost related reasons. Execution of Participant 's instructions or refusal to execute same does not constitute direction, investment advice or an opinion management and investment advisory agreements provided by the Custodian as to Xxxx XXX Depositor or beneficiary will continue until revoked by the investment's prudence Xxxx XXX Depositor or viabilitybeneficiary, even after the death of the Xxxx XXX Depositor or beneficiary. Participant agrees that the The Custodian shall have no discretionary powerduty to bring any claim, authority suit or control other action in connection with respect any investment in the Account. The Depositor agrees to indemnify and hold the managementCustodian harmless from and against all costs and expenses (including attorney’s fees) incurred by the Custodian in connection with any litigation, claim or other action involving any investment in the Account in which the Custodian is named as a necessary party or disposition at the request of the Participant 's assets or any discretionary authority with regard to the management of the Participant 's account. Participant agrees and acknowledges that Xxxxxxxxx is not a fiduciary with respect to the Participant, the Participant 's account or any investmentDepositor.
Appears in 1 contract
Samples: Roth Individual Retirement Account Custodial Agreement
Investment of Contributions. At As provided in Sections 8.10 and 8.11, at the direction of the ParticipantDepositor, the Administrator or Custodian shall invest and reinvest all contributions to the account Custodial Account and earnings thereon as directed in investments, provided that such investments that are considered administratively feasible by the Participant (or the direction of the beneficiary(ies) upon the Participant 's death) in Custodian. Such investments that the Custodian, at Custodian’s sole discretion, determines it can feasibly administer, which may include but are not limited to marketable securities traded on a recognized exchange or "over the counter" (excluding any securities issued by the custodianCustodian or Administrator), optionsreal estate, mutual fundstrust deeds, common trust funds or other common investment funds that qualify under Section 408(b)(5) (including without limitation qualifying pooled custodial accounts and pooled custodial funds)limited partnerships, private placement offerings, certificates of deposit, real estate, real estate contracts, mortgages, leases, mortgage notes, debentures, individually negotiated debt instruments, promissory notes, private equity investments in closely held businesses, tax liens and tax anticipation warrants, deeds of trust, and other public, private or alternative investments that to which the Custodian determines it can feasibly administerconsents, in such amounts as are specifically selected and specified by the Participant Depositor in orders to the Administrator or Custodian in such form as may be acceptable to the CustodianCustodian or Administrator, without any duty to diversify and without regard to whether such property is authorized by the laws of any jurisdiction as a trust investment or IRA investment or even if such investment will result in a prohibited transaction, unrelated business taxable income ("UBTI") or a reportable transaction. In addition, the account designated representative (as described below and in the SIMPLE IRA adoption agreement) may give the Custodian directions to have the Custodian buy, sell or reinvest public securities, digital assets and investments that are traded on a recognized exchange or “over the counter” (excluding any securities issued by the custodian). The account designated representative may not direct the Custodian with regard to any alternative or private investmentsinvestment. The Custodian or Administrator shall be responsible only for the execution of such orders and for maintaining adequate records thereof. However, if any such orders are not received in a form acceptable to the Custodian as required, or, if received, are unclear or administratively unfeasible in the sole opinion of the CustodianCustodian or Administrator, all or a portion of the account contribution may be held in its current investments or remain un-invested uninvested without liability for loss of income or appreciation, and without liability for interest pending receipt of such orders or clarification as are acceptable to the Custodian in its sole discretionclarification, or if a new contribution, the contribution may be returned. The Custodian may, but need not, establish programs under which cash deposits and uninvested funds in excess of a minimum set by it will be periodically and automatically invested in government insured interest-bearing investment fundsfunds or accounts. The Custodian shall have no duty other than to follow the written investment directions of the ParticipantDepositor, which duty shall be subject to the other terms and conditions of this agreement. The Custodian shall be under no duty to question said instructions and shall not be liable for any investment losses or adverse tax consequences of any kind whatsoever sustained by the Participant. In addition, the Custodian reserves the right to not follow a direction or process Depositor under any investment for administrative or cost related reasons. Execution of Participant 's instructions or refusal to execute same does not constitute investment advice or an opinion by the Custodian as to the investment's prudence or viability. Participant agrees that the Custodian shall have no discretionary power, authority or control with respect to the management, investment or disposition of the Participant 's assets or any discretionary authority with regard to the management of the Participant 's account. Participant agrees and acknowledges that Xxxxxxxxx is not a fiduciary with respect to the Participant, the Participant 's account or any investmentcircumstances.
Appears in 1 contract
Samples: Traditional Individual Retirement Custodial Account Agreement
Investment of Contributions. At the direction of the Participant, the Custodian shall invest and reinvest all contributions to the account and earnings thereon as (a) As directed by the Participant (or Depositor in writing, all contributions shall be used by the direction Custodian to purchase Fund Shares. All income dividends and capital gains distributions shall be reinvested in shares of the beneficiary(iesFund which declared such dividends or distributions unless the Depositor elects in writing, in accordance with an opportunity to do so provided by the Fund declaring the dividend or distribution, to apply such dividend or distribution to purchase other Fund Shares available under this Agreement.
(b) upon A Telephone Exchange Plan ("Exchange Plan"), as described in the Participant 's deathprospectus(es) of the Funds is available hereunder. After the Custodian receives an Exchange Plan authorization deemed by the Custodian to be in investments that proper form, the Custodian, at Custodian’s sole discretionupon receipt of telephonic instructions from any person representing himself to be the Depositor, determines it can feasibly administer, which may include but are not limited to marketable securities traded on a recognized exchange or "over the counter" (excluding redeem any securities issued Fund Shares held by the custodian), options, mutual funds, common trust funds or other common investment funds that qualify under Section 408(b)(5) (including without limitation qualifying pooled custodial accounts Custodian on behalf of the Depositor and pooled custodial funds), certificates of deposit, real estate, real estate contracts, mortgages, leases, mortgage notes, debentures, individually negotiated debt instruments, promissory notes, private equity investments in closely held businesses, tax liens and tax anticipation warrants, deeds of trust, and other public, private or alternative investments that apply the Custodian determines it can feasibly administer, in such amounts as are specifically selected and specified by proceeds toward the Participant in orders to the Custodian in such form as may be acceptable to the Custodian, without any duty to diversify and without regard to whether such property is authorized by the laws purchase of any jurisdiction as a trust investment or IRA investment or even if such investment will result in a prohibited transactionother Fund Shares available hereunder, unrelated business taxable income ("UBTI") or a reportable transaction. In addition, the account designated representative (as described below subject to and in accordance with the SIMPLE IRA adoption agreement) may give terms and conditions of the Custodian directions to have the Custodian buy, sell or reinvest public securities, digital assets and investments that are traded on a recognized exchange or “over the counter” (excluding any securities issued by the custodian). The account designated representative may not direct the Custodian with regard to any alternative or private investmentsExchange Plan. The Custodian shall be responsible only for the execution of entitled to rely and act upon such orders telephonic instructions, and for maintaining adequate records thereof. However, if any such orders are not received in a form acceptable to the Custodian as required, or, if received, are unclear or administratively unfeasible in the sole opinion of neither the Custodian, all the Trust, any other Fund whose shares are available hereunder nor their officers, trustees, directors, employees or a portion of the account may be held in its current investments or remain un-invested without liability for loss of income or appreciation, and without liability for interest pending receipt of such orders or clarification as are acceptable to the Custodian in its sole discretion, or if a new contribution, the contribution may be returned. The Custodian may, but need not, establish programs under which cash deposits in excess of a minimum set by it will be periodically and automatically invested in interest-bearing investment funds. The Custodian agents shall have no duty other than to follow the written investment directions of the Participant, which duty shall be subject to the other terms and conditions of this agreement. The Custodian shall be under no duty to question said instructions and shall not be liable for any investment losses liability, cost or adverse tax consequences expense for acting on any such instructions. In directing any exchange pursuant to the Exchange Plan, the Depositor represents that he has obtained a current prospectus of the Fund into which the switch is to be made. The Depositor authorizes and directs the Custodian to respond to any telephonic inquiries relating to the status of shares owned, including but not limited to the number of shares held. The Depositor agrees that the authorizations, directions and restrictions contained herein will continue until the Custodian receives written notice of any kind whatsoever sustained by change or revocation. The Depositor agrees and understands that the Participant. In addition, Funds and the Custodian reserves reserve the right to not follow a direction or process refuse any investment for administrative or cost related reasons. Execution of Participant 's instructions or refusal to execute same does not constitute investment advice or an opinion telephonic instructions.
(c) All Fund Shares acquired by the Custodian as to shall be registered in the investment's prudence or viability. Participant agrees that name of the Custodian shall have no discretionary power, authority or control with respect to the management, investment or disposition of the Participant 's assets or any discretionary authority with regard to the management of the Participant 's account. Participant agrees and acknowledges that Xxxxxxxxx is not a fiduciary with respect to the Participant, the Participant 's account or any investmentits nominee.
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Investment of Contributions. At In accordance with the direction of the Participantinstructions given to Kingdom Trust, the Custodian custodian shall invest and reinvest all contributions to the account and earnings thereon as directed by the Participant depositor (or the direction of the beneficiary(ies) upon the Participant depositor's death) in investments that the Custodian, at Custodian’s sole discretion, Kingdom Trust determines it can feasibly practicably administer, which may include but are not limited to marketable securities traded on a recognized exchange or "over the counter" (excluding any securities issued by the custodian), options, mutual funds, common trust funds or other common investment funds that qualify under Section 408(b)(5) (including without limitation qualifying pooled custodial accounts and pooled custodial funds), certificates of deposit, real estate, real estate contracts, mortgages, leases, mortgage notes, debentures, individually negotiated debt instruments, promissory notes, private equity investments in closely held businesses, tax liens and tax anticipation warrants, deeds of trust, and other publicpublic , private or alternative investments that the Custodian custodian determines it can feasibly practicably administer, in such amounts as are specifically selected and specified by the Participant depositor in orders to the Custodian Kingdom Trust in such form as may be acceptable to the CustodianKingdom Trust, without any duty to diversify and without regard to whether such property is authorized by the laws of any jurisdiction as a trust custodial investment or IRA investment or and even if such investment will result in a prohibited transaction, unrelated business taxable income ("“UBTI"”) or a reportable transaction. In addition, the account designated representative (as described below and in the SIMPLE IRA Xxxx XXX adoption agreement) may give the Custodian Kingdom Trust directions to have the Custodian custodian buy, sell or reinvest public securities, digital assets securities and investments that are traded on a recognized exchange or “over the counter” (excluding any securities issued by the custodian). The account designated representative may not direct the Custodian Kingdom Trust with regard to any alternative or private investmentsinvestment. The Custodian custodian shall be responsible only for the execution of such orders and for maintaining adequate records thereof. However, if any such orders are not received in a form acceptable to the Custodian as required, or, if received, are unclear or administratively unfeasible in the sole opinion of the CustodianKingdom Trust, all or a portion of the account may be held in its current investments or remain un-un- invested without liability for loss of income or appreciation, and without liability for interest pending receipt of such orders or clarification as are acceptable to the Custodian Kingdom Trust in its sole discretion, or if a new contribution, the contribution may be returned. The Custodian Kingdom Trust may, but need not, establish programs under which cash deposits in excess of a minimum set by it will be periodically and automatically invested in interest-bearing investment funds. The Custodian custodian shall have no duty other than to follow the written investment directions of the Participantdepositor, which duty shall be subject to the other terms and conditions of this agreement. The Custodian custodian shall be under no duty to question said instructions and shall not be liable for any investment losses or adverse tax consequences of any an y kind whatsoever sustained by the Participantdepositor. In addition, the Custodian custodian reserves the right to not follow depositor's (or a direction beneficiary's) direction, or process any investment for administrative or cost related reasons. Execution of Participant depositor's instructions or refusal to execute same does not constitute investment advice or an opinion by the Custodian custodian as to the investment's prudence or viability. Participant agrees that the Custodian shall have no discretionary power, authority or control with respect to the management, investment or disposition of the Participant 's assets or any discretionary authority with regard to the management of the Participant 's account. Participant Xxxxxxxxx agrees and acknowledges that Xxxxxxxxx the custodian is a directed custodian and does not a fiduciary with respect to the Participantprovide tax, the Participant 's account legal or any investmentinvestment advice.
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Investment of Contributions. At In accordance with instructions given to the direction of the ParticipantCustodian, the Custodian shall invest and reinvest all contributions to the account and earnings thereon as directed by the Participant Depositor (or the direction of the beneficiary(ies) upon the Participant Depositor's death) in investments that the Custodian, at Custodian’s sole discretion, determines it can feasibly administer, which may include but are not limited to marketable securities traded on a recognized exchange or "over the counter" (excluding any securities issued by the custodian), options, mutual funds, common trust funds or other common investment funds that qualify under Section 408(b)(5) (including without limitation qualifying pooled custodial accounts and pooled custodial funds), certificates of deposit, real estate, real estate contracts, mortgages, leases, mortgage notes, debentures, individually negotiated debt instruments, promissory notes, private equity investments in closely held businesses, tax liens and tax anticipation warrants, deeds of trust, and other public, private or alternative investments that the Custodian determines it can feasibly administer, in such amounts as are specifically selected and specified by the Participant Depositor in orders to the Custodian in such form as may be acceptable to the Custodian, without any duty to diversify and without regard to whether such property is authorized by the laws of any jurisdiction as a trust investment or IRA investment or even if such investment will result in a prohibited transaction, unrelated business taxable income ("UBTI") or a reportable transaction. In addition, the account designated representative (as described below and in the SIMPLE Traditional IRA adoption agreement) may give the Custodian directions to have the Custodian buy, sell or reinvest public securities, digital assets securities and investments that are traded on a recognized exchange or “”over the counter” " (excluding any securities issued by the custodian). The account designated representative may not direct the Custodian with regard to any alternative or private investments. The Custodian shall be responsible only for the execution of such orders and for maintaining adequate records thereof. However, if any such orders are not received in a form acceptable to the Custodian as required, or, if received, are unclear or administratively unfeasible in the sole opinion of the Custodian, all or a portion of the account may be held in its current investments or remain un-invested without liability for loss of income or appreciation, and without liability for interest pending receipt of such orders or clarification as are acceptable to the Custodian in its sole discretion, or if a new contribution, the contribution may be returned. The Custodian may, but need not, establish programs under which cash deposits in excess of a minimum set by it will be periodically and automatically invested in interest-bearing investment funds. The Custodian shall have no duty other than to follow the written investment directions of the ParticipantDepositor, which duty shall be subject to the other terms and conditions of this agreement. The Custodian shall be under no duty to question said instructions and shall not be liable for any investment losses or adverse tax consequences of any kind whatsoever sustained by the ParticipantDepositor. In addition, the Custodian reserves the right to not follow a direction or process any investment for administrative or cost related reasons. Execution of Participant Depositor's instructions or refusal to execute same does not constitute investment advice or an opinion by the Custodian as to the investment's prudence or viability. Participant Depositor agrees that the Custodian shall have no discretionary power, authority or control with respect to the management, investment or disposition of the Participant Depositor's assets or any discretionary authority with regard to the management of the Participant Depositor's account. Participant Xxxxxxxxx agrees and acknowledges that Xxxxxxxxx Custodian is not a fiduciary with respect to the Participantdepositor, the Participant Depositor's account or any investment.
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Samples: Simple Ira Custodial Agreement
Investment of Contributions. At the direction of the Participant, the Custodian shall invest and reinvest all contributions to the account and earnings thereon as (a) As directed by the Participant (or Depositor in writing, all contributions shall be used by the direction Custodian to purchase Fund Shares. All income dividends and capital gains distributions shall be reinvested in shares of the beneficiary(iesFund which declared such dividends or distributions unless the Depositor elects in writing, in accordance with an opportunity to do so provided by the Fund declaring the dividend or distribution, to apply such dividend or distribution to purchase other Fund Shares available under this Agreement. Custodial Agreement for a Traditional or SEP-IRA, continued
(b) upon A Telephone Exchange Plan ("Exchange Plan"), as described in the Participant 's deathprospectus(es) of the Funds is available hereunder. After the Custodian receives an Exchange Plan authorization deemed by the Custodian to be in investments that proper form, the Custodian, at Custodian’s sole discretionupon receipt of telephonic instructions from any person representing himself to be the Depositor, determines it can feasibly administer, which may include but are not limited to marketable securities traded on a recognized exchange or "over the counter" (excluding redeem any securities issued Fund Shares held by the custodian), options, mutual funds, common trust funds or other common investment funds that qualify under Section 408(b)(5) (including without limitation qualifying pooled custodial accounts Custodian on behalf of the Depositor and pooled custodial funds), certificates of deposit, real estate, real estate contracts, mortgages, leases, mortgage notes, debentures, individually negotiated debt instruments, promissory notes, private equity investments in closely held businesses, tax liens and tax anticipation warrants, deeds of trust, and other public, private or alternative investments that apply the Custodian determines it can feasibly administer, in such amounts as are specifically selected and specified by proceeds toward the Participant in orders to the Custodian in such form as may be acceptable to the Custodian, without any duty to diversify and without regard to whether such property is authorized by the laws purchase of any jurisdiction as a trust investment or IRA investment or even if such investment will result in a prohibited transactionother Fund Shares available hereunder, unrelated business taxable income ("UBTI") or a reportable transaction. In addition, the account designated representative (as described below subject to and in accordance with the SIMPLE IRA adoption agreement) may give terms and conditions of the Custodian directions to have the Custodian buy, sell or reinvest public securities, digital assets and investments that are traded on a recognized exchange or “over the counter” (excluding any securities issued by the custodian). The account designated representative may not direct the Custodian with regard to any alternative or private investmentsExchange Plan. The Custodian shall be responsible only for the execution of entitled to rely and act upon such orders telephonic instructions, and for maintaining adequate records thereof. However, if any such orders are not received in a form acceptable to the Custodian as required, or, if received, are unclear or administratively unfeasible in the sole opinion of neither the Custodian, all the Trust, any other Fund whose shares are available hereunder nor their officers, trustees, directors, employees or a portion of the account may be held in its current investments or remain un-invested without liability for loss of income or appreciation, and without liability for interest pending receipt of such orders or clarification as are acceptable to the Custodian in its sole discretion, or if a new contribution, the contribution may be returned. The Custodian may, but need not, establish programs under which cash deposits in excess of a minimum set by it will be periodically and automatically invested in interest-bearing investment funds. The Custodian agents shall have no duty other than to follow the written investment directions of the Participant, which duty shall be subject to the other terms and conditions of this agreement. The Custodian shall be under no duty to question said instructions and shall not be liable for any investment losses liability, cost or adverse tax consequences expense for acting on any such instructions. In directing any exchange pursuant to the Exchange Plan, the Depositor represents that he has obtained a current prospectus of the Fund into which the switch is to be made. The Depositor authorizes and directs the Custodian to respond to any telephonic inquiries relating to the status of shares owned, including but not limited to the number of shares held. The Depositor agrees that the authorizations, directions and restrictions contained herein will continue until the Custodian receives written notice of any kind whatsoever sustained by change or revocation. The Depositor agrees and understands that the Participant. In addition, Funds and the Custodian reserves reserve the right to not follow a direction or process refuse any investment for administrative or cost related reasons. Execution of Participant 's instructions or refusal to execute same does not constitute investment advice or an opinion telephonic instructions.
(c) All Fund Shares acquired by the Custodian as to shall be registered in the investment's prudence or viability. Participant agrees that name of the Custodian shall have no discretionary power, authority or control with respect to the management, investment or disposition of the Participant 's assets or any discretionary authority with regard to the management of the Participant 's account. Participant agrees and acknowledges that Xxxxxxxxx is not a fiduciary with respect to the Participant, the Participant 's account or any investmentits nominee.
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