Common use of Powers, Duties and Obligations of Xxxxxx Xxxxx Clause in Contracts

Powers, Duties and Obligations of Xxxxxx Xxxxx. (a) Non-discretionary Broker-dealer Services. Unless I have entered into an Xxxxxx Xxxxx investment advisory agreement that states otherwise, I understand Xxxxxx Xxxxx will provide non–discretionary broker-dealer services. I understand and agree that with respect this Account, Xxxxxx Xxxxx is acting in the capacity or role of a broker- dealer and my financial advisor is an associated person of Xxxxxx Xxxxx as defined by Regulation Best Interest. Xxxxxx Xxxxx may also provide information about financial products, as well as investment research, investment recommendations, financial assessment tools, investor education, advice incidental to such services, and other services to enable me to make my investment decisions. These services will be limited to those offered by Xxxxxx Xxxxx in its regular course of business and subject to such limits as Xxxxxx Xxxxx may establish from time to time for my Accounts. I agree these services do not constitute financial planning or investment advisory services as provided by a Registered Investment Adviser. Xxxxxx Xxxxx will not charge a separate fee for these services. I understand that should I determine I need financial planning services, neither Xxxxxx Xxxxx nor my financial advisor provide financial planning services, and that I will need to seek those services elsewhere. My financial advisor may utilize a professional designation. I understand that Xxxxxx Xxxxx is not affiliated with any of the sponsoring firms of such professional designations and that the use or attainment by my financial advisor of a particular professional designation in no way implies that either Xxxxxx Xxxxx or my financial advisor provides financial planning services or investment advisory services, for my Account. I authorize and direct Xxxxxx Xxxxx, as broker-dealer, to provide execution services for securities and financial investments in my Account. Xxxxxx Xxxxx will arrange for delivery and payment in connection with the execution services rendered to me, and I authorize Xxxxxx Xxxxx to act on my behalf in all other matters necessary or incidental to the handling of my Account. Transactions in my Account will be made in accordance with the trading practices of Xxxxxx Xxxxx. Redemption fees or sales charges may be assessed upon the liquidation or redemption of securities. I understand that these fees and expenses may negatively affect my investment performance. Unless I have entered into an Xxxxxx Xxxxx investment advisory agreement that states otherwise: (i) I am responsible for all trading and investment decisions in my Account. Unless otherwise provided for under this Agreement, neither Xxxxxx Xxxxx nor my financial advisor has authority for any trading or investment decisions in my Account. (ii) I understand that Xxxxxx Xxxxx will not monitor my Account but may provide non-discretionary broker- dealer services as described in this Agreement. (iii) Effective December 20, 2021 When we provide investment advice to you regarding your account, we are fiduciaries within the meaning of the Employee Retirement Income Security Act of 1974 (ERISA) section 3(21)(A)(ii)(B) and/or Internal Revenue Code section 4975(e)(3)(B), 4975(c)(1) and the regulations thereunder, as applicable. When we provide investment education to you that does not include investment advice, we are not acting as a fiduciary under those sections of ERISA or the Code. (iv) When purchasing, selling or exchanging securities, I authorize Xxxxxx Xxxxx to act either as agent on my behalf, or as principal for its own account. While Xxxxxx Xxxxx may from time to time provide generalized tax or legal information, I understand and agree that such information does not constitute tax or legal advice, and I must rely on my own independent tax advisor and/or attorney for such advice.

Appears in 2 contracts

Samples: Roth Individual Retirement Account Custodial Agreement, Roth Individual Retirement Account Custodial Agreement

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Powers, Duties and Obligations of Xxxxxx Xxxxx. (a) Non-discretionary Broker-dealer Services. Unless I have entered into an Xxxxxx Xxxxx investment advisory agreement that states otherwise, I understand Xxxxxx Xxxxx will provide non–discretionary broker-dealer services. I understand and agree that with respect this Account, Xxxxxx Xxxxx is acting in the capacity or role of a broker- dealer and my financial advisor is an associated person of Xxxxxx Xxxxx as defined by Regulation Best Interest. Xxxxxx Xxxxx may also provide information about financial products, products as well as investment research, investment recommendations, financial assessment tools, investor education, advice incidental to such services, and other services to enable me to make my investment decisions. These services will be limited to those offered by Xxxxxx Xxxxx in its regular course of business and subject to such limits as Xxxxxx Xxxxx may establish from time to time for my Accountsaccounts. I agree these services do not constitute financial planning or investment advisory services as provided by a Registered Investment Adviser. Xxxxxx Xxxxx will not charge a separate fee for these services. I understand that should I determine I need financial planning services, neither Xxxxxx Xxxxx nor my financial advisor provide financial planning services, and that I will need to seek those services elsewhere. My financial advisor may utilize a professional designation. I understand that Xxxxxx Xxxxx is not affiliated with any of the sponsoring firms of such professional designations and that the use or attainment by my financial advisor of a particular professional designation in no way implies that either Xxxxxx Xxxxx or my financial advisor provides financial planning services or investment advisory services, for my Account. I authorize and direct Xxxxxx Xxxxx, as broker-dealer, to provide execution services for securities and financial investments in my Account. Xxxxxx Xxxxx will arrange for delivery and payment in connection with the execution services rendered to me, and I authorize Xxxxxx Xxxxx to act on my behalf in all other matters necessary or incidental to the handling of my Account. Transactions in my Account will be made in accordance with the trading practices of Xxxxxx Xxxxx. Redemption fees or sales charges may be assessed upon the liquidation or redemption of securities. I understand that these fees and expenses may negatively affect my investment performance. Unless I have entered into an Xxxxxx Xxxxx investment advisory agreement that states otherwise: (i) I am responsible for all trading and investment decisions in my Account. Unless otherwise provided for under this Agreement, neither Xxxxxx Xxxxx nor my financial advisor has authority for any trading or investment decisions in my Account. (ii) I understand that Xxxxxx Xxxxx will not monitor my Account but may provide non-discretionary broker- dealer services as described in this Agreement. (iii) Effective December 20, 2021 When we provide investment advice to you regarding your account, we are fiduciaries within the meaning of the Employee Retirement Income Security Act of 1974 (ERISA) section 3(21)(A)(ii)(B) and/or Internal Revenue Code section 4975(e)(3)(B), 4975(c)(1) and the regulations thereunder, as applicable. When we provide investment education to you that does not include investment advice, we are not acting as a fiduciary under those sections of ERISA or the Code. (iv) When purchasing, selling or exchanging securities, I authorize Xxxxxx Xxxxx to act either as agent on my behalf, or as principal for its own account. While Xxxxxx Xxxxx may from time to time provide generalized tax or legal information, I understand and agree that such information does not constitute tax or legal advice, and I must rely on my own independent tax advisor and/or attorney for such advice.

Appears in 1 contract

Samples: Simple Individual Retirement Account Custodial Agreement

Powers, Duties and Obligations of Xxxxxx Xxxxx. (a) Non-discretionary Broker-dealer Services. Unless I have entered into an Xxxxxx Xxxxx investment advisory agreement that states otherwise, I understand Xxxxxx Xxxxx will provide non–discretionary broker-dealer services. I understand and agree that with respect this Account, Account Xxxxxx Xxxxx is acting in the capacity or role of a broker- dealer and my financial advisor is an associated person of Xxxxxx Xxxxx as defined by Regulation Best Interest. Xxxxxx Xxxxx may also provide information about financial products, products as well as investment research, investment recommendations, financial assessment tools, investor education, advice incidental to such services, and other services to enable me to make my investment decisions. These services will be limited to those offered by Xxxxxx Xxxxx in its regular course of business and subject to such limits as Xxxxxx Xxxxx may establish from time to time for my Accounts. I agree these services do not constitute financial planning or investment advisory services as provided by a Registered Investment Adviser. Xxxxxx Xxxxx will not charge a separate fee for these services. I understand that should I determine I need financial planning services, neither Xxxxxx Xxxxx nor my financial advisor provide financial planning services, and that I will need to seek those services elsewhere. My financial advisor may utilize a professional designation. I understand that Xxxxxx Xxxxx is not affiliated with any of the sponsoring firms of such professional designations and that the use or attainment by my financial advisor of a particular professional designation in no way implies that either Xxxxxx Xxxxx or my financial advisor provides financial planning services or investment advisory services, for my Account. I authorize and direct Xxxxxx Xxxxx, as broker-dealer, to provide execution services for securities and financial investments in my Account. Xxxxxx Xxxxx will arrange for delivery and payment in connection with the execution services rendered to me, and I authorize Xxxxxx Xxxxx to act on my behalf in all other matters necessary or incidental to the handling of my Account. Transactions in my Account will be made in accordance with the trading practices of Xxxxxx Xxxxx. Redemption fees or sales charges may be assessed upon the liquidation or redemption of securities. I understand that these fees and expenses may negatively affect my investment performance. Unless I have entered into an Xxxxxx Xxxxx investment advisory agreement that states otherwise: (i) I am responsible for all trading and investment decisions in my Account. Unless otherwise provided for under this Agreement, neither Xxxxxx Xxxxx nor my financial advisor has authority for any trading or investment decisions in my Account. (ii) I understand that Xxxxxx Xxxxx will not monitor my Account but may provide non-discretionary broker- broker dealer services as described in this Agreement. (iii) Effective December 20, 2021 When we provide investment advice to you regarding your account, we are fiduciaries within the meaning of the Employee Retirement Income Security Act of 1974 (ERISA) section 3(21)(A)(ii)(B) and/or Internal Revenue Code section 4975(e)(3)(B), 4975(c)(1) and the regulations thereunder, as applicable. When we provide investment education to you that does not include investment advice, we are not acting as a fiduciary under those sections of ERISA or the Code. (iv) When purchasing, selling or exchanging securities, I authorize Xxxxxx Xxxxx to act either as agent on my behalf, or as principal for its own account. While Xxxxxx Xxxxx may from time to time provide generalized tax or legal information, I understand and agree that such information does not constitute tax or legal advice, and I must rely on my own independent tax advisor and/or attorney for such advice.

Appears in 1 contract

Samples: Traditional Individual Retirement Account Custodial Agreement

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Powers, Duties and Obligations of Xxxxxx Xxxxx. (a) Non-discretionary Broker-dealer Services. Unless I have entered into an Xxxxxx Xxxxx investment advisory agreement that states otherwise, I understand Xxxxxx Xxxxx will provide non-discretionary broker-dealer services. I understand and agree that with respect to this Account, Account Xxxxxx Xxxxx is acting in the capacity or role of a broker- dealer and my financial advisor is an associated person of Xxxxxx Xxxxx as defined by SEC Regulation Best Interest. Xxxxxx Xxxxx may also provide information about financial products, products as well as investment research, investment recommendations, financial assessment tools, investor education, advice incidental to such services, and other services to enable me to make my investment decisions. These services will be limited to those offered by Xxxxxx Xxxxx in its regular course of business and subject to such limits as Xxxxxx Xxxxx may establish from time to time for my Accounts. I agree these services do not constitute financial planning or investment advisory services as provided by a Registered Investment Adviser. Unless otherwise stated in a written agreement between me and Xxxxxx Xxxxx, I understand that Xxxxxx Xxxxx will not charge a separate fee for these services. I understand that should I determine I need financial planning services, neither I can learn about Xxxxxx Xxxxx nor Xxxxx’ financial planning offering(s) by speaking with my financial advisor provide or going to xxxxxxxxxxx.xxx/xxxxxxxxxxxxxxxxx to review the available financial planning services, and that I will need to seek those services elsewheredocuments. My financial advisor may utilize a professional designation. I understand that Xxxxxx Xxxxx is not affiliated with any of the sponsoring firms of such professional designations and that the use or attainment by my financial advisor of a particular professional designation in no way implies that either Xxxxxx Xxxxx or my financial advisor provides financial planning services or investment advisory services, for my Account. I authorize and direct Xxxxxx Xxxxx, as broker-dealer, to provide execution services for securities and financial investments in my Account. Xxxxxx Xxxxx will arrange for delivery and payment in connection with the execution services rendered to me, and I authorize Xxxxxx Xxxxx to act on my behalf in all other matters necessary or incidental to the handling of my Account. Transactions in my Account will be made in accordance with the trading practices of Xxxxxx Xxxxx. Redemption fees or sales charges may be assessed upon the liquidation or redemption of securities. I understand that these fees and expenses may negatively affect my investment performance. Unless I have entered into an Xxxxxx Xxxxx investment advisory agreement that states otherwise: (i) I am responsible for all trading and investment decisions in my Account. Unless otherwise provided for under this Agreement, neither Xxxxxx Xxxxx nor my financial advisor has authority for any trading or investment decisions in my Account. (ii) Unless otherwise stated in a written agreement between me and Xxxxxx Xxxxx detailing the terms of any account monitoring, I understand that Xxxxxx Xxxxx will not monitor my Account but may provide non-discretionary broker- broker dealer services as described in this Agreement. (iii) Effective December 20, 2021 When we provide investment advice to you regarding your account, we are fiduciaries within the meaning of the Employee Retirement Income Security Act of 1974 (ERISA) section 3(21)(A)(ii)(B) and/or Internal Revenue Code section 4975(e)(3)(B), 4975(c)(14975(c) (1) and the regulations thereunder, as applicable. When we provide investment education to you that does not include investment advice, we are not acting as a fiduciary under those sections of ERISA or the Code. (iv) When purchasing, selling or exchanging securities, I authorize Xxxxxx Xxxxx to act either as agent on my behalf, or as principal for its own account. While Xxxxxx Xxxxx may from time to time provide generalized tax or legal information, I understand and agree that such information does not constitute tax or legal advice, and I must rely on my own independent tax advisor and/or attorney for such advice.

Appears in 1 contract

Samples: Traditional Individual Retirement Account Custodial Agreement

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