Your Representations. You represent and agree that: • You have read this Agreement and understand that MOIS, your Representative and to the extent applicable, the Qualified Custodian(s), Product Sponsor(s), and/or Third-Party Money Manager(s) will rely upon the most current information provided by you in connection with providing Services for your Account. You recognize the value and usefulness of the services of MOIS will depend upon the accuracy and completeness of the information that you provide to MOIS, upon your active participation in the formulation of the objectives, and in the implementation of the advice to attain those objectives. You will provide MOIS all requested information and required documents that MOIS may reasonably request in order to permit a complete evaluation and preparation of the recommendations for you. You agree that you are obligated to notify MOIS of any changes to information previously supplied by you which is no longer accurate. MOIS will not be responsible for the verification of the information and documentation provided by you. You understand that you may maintain (individually or jointly) multiple accounts with different Qualified Custodian(s), Product Sponsor(s), and/or Third-Party Money Manager(s); that you may have different objectives, goals or strategies for such accounts/retirement plans; and that unless otherwise stated, the information contained in the accompanying Account Application only applies to the retirement plan associated with this particular account and the applicable Qualified Custodian, Product Sponsor, and/or Third-Party Money Manager. You are responsible for reading any and all information provided to you by MOIS, your Representative and to the extent applicable the Qualified Custodian(s), Product Sponsors, and Third-Party Money Manager with regard to your retirement plan (including but not limited to this Agreement, accompanying disclosure documents, plan documents, and prospectuses). • You will not lend or borrow money or securities to or from your Representative. You will not enter into any other personal business relationship with your Representative (including any type of investment or business activity involving your Representative or anyone associated with your Representative). You will immediately notify in writing the Compliance Department of MOIS in the event that you borrow or lend money or securities from your Representative or any other person associated with MOIS. Except for financial planning services as described below, you will not write checks, prepare wire or ACH instructions, or authorize money orders or other methods of payment by making them payable to MOIS, your Representative or any person or entity associated with MOIS or your Representative. Except for financial planning services by MOIS through your Representative, all checks or other forms of payment should be made payable to the Qualified Custodian or a particular Product Sponsor. For financial planning services provided by MOIS through your Representative in connection with a separate advisory agreement, you may write a check made payable to MOIS; however, under no circumstances may you make a check payable to your Representative or any entity owned or controlled by your Representative. • You understand that investing in securities involves risk and that many variables exist that may have a substantial negative effect on the value of the Plan. You agree that you will not rely upon any information, statement, forecast, guarantee, comparison, prediction or projection (whether made orally or in writing) that is not contained in, or is inconsistent with, any publicly available information contained in a prospectus, disclosure document or other filing made by, or contained in information supplied by the Qualified Custodian or a Product Sponsor. • MOIS and your Representative can rely upon any written or oral instructions provided by you with regard to activities in your account(s) (i.e., unsolicited and solicited trade instructions, transfers, and check requests) and that you are responsible for paying any fee, charge, commission or other expenses incurred by MOIS as a result of those instructions. You agree to indemnify MOIS from, and hold MOIS harmless for any losses resulting from your actions or failure to act, including losses resulting from actions taken by third parties acting on your behalf. • If you have checked the box “no” under “Industry and Other Affiliations” in the accompanying Application, you represent and warrant that you are not (i) associated with any of the persons or entities identified in the box for “yes” under “Industry and Other Affiliation”; (ii) no person other than as disclosed in the Account Application has an interest in your account(s); and (iii) you will immediately notify MOIS in writing if there is any change in your response to these questions. • You agree to review and monitor all activities in your accounts and that all activity will be deemed accurate and in accordance with your instructions unless you notify MOIS in writing within ten (10) days following notification of the activity. You may contact MOIS regarding any activities in your account(s) as well as to submit a question or complaint in writing at: Mutual of Omaha Investor Services, Inc. 0000 Xxxxxx xx Xxxxx Xxxxx Xxxxx XX 00000 Or call us at: 000-000-0000 Or email us at: xxxx.xxxxxxxxxx@xxxxxxxxxxxxx.xxx The Financial Industry Regulatory Authority (FINRA) requires that MOIS provide the following information concerning FINRA’s public disclosure program. You may contact FINRA directly at FINRA BrokerCheck Hotline: 0-000-000-0000 or at their website address: xxx.xxxxx.xxx. • You agree and authorize MOIS to monitor and/or record any telephone conversations with you or any person acting on your behalf. • You agree to resolve any disputes concerning your relationship with MOIS and any person associated with MOIS (including any Representative or any business entity they conduct business through), employees, officers, directors of MOIS or any company affiliated with MOIS in accordance with the Arbitration Agreement contained in this Agreement. • You understand that you are responsible for maintaining appropriate safeguards regarding your non- public personal information stored by you in electronic or physical format. You understand that the failure to do could result in an unauthorized person gaining access to your accounts or information maintained by you, the Qualified Custodian or a Product Sponsor. • You agree and acknowledge that neither MOIS nor its Representative can offer tax, legal or accounting advice and that you are responsible for consulting with tax, legal or accounting professionals as necessary. • Communications may be sent to you at your current address which is on file with MOIS, or at such other address as you may hereafter give MOIS in writing. All communications sent, whether by mail, telegraph, messenger, or otherwise, shall be deemed given to you personally, whether actually received or not. • You agree and acknowledge that you have received and reviewed the Retirement Plan Fee Disclosure relating to your plan in accordance with ERISA section 408(b)(2).
Appears in 2 contracts
Samples: Customer Agreement, Customer Agreement
Your Representations. You represent to APAM as of the date hereof, as of the Closing and, if applicable, as of the Optional Closing as follows:
(a) You (i) own your partnership units beneficially and agree that: • of record free and clear of any lien, encumbrance or restriction whatsoever (except as contemplated by the Fifth Amended and Restated Limited Partnership Agreement of Holdings or the Resale and Registration Rights Agreement), (ii) have not conveyed, transferred or sold any interest in your partnership units to any other person and (iii) upon consummation of the transactions contemplated by this Agreement at the Closing or Optional Closing, as the case may be, shall transfer to APAM the partnership units to be sold by you to APAM on such date free and clear of any lien, encumbrance or restriction whatsoever.
(b) You have the full legal right and requisite power and authority and have taken all action and obtained all consents necessary in order to execute, deliver and perform fully your obligations under this Agreement. You have the legal capacity to execute and deliver this Agreement. This Agreement is a valid and binding agreement, enforceable against you in accordance with its terms, subject to bankruptcy, insolvency, fraudulent transfer, reorganization, moratorium and other similar laws of general applicability relating to or affecting creditors’ rights and to general equity principles.
(c) You have carefully read this Agreement and you understand that MOISand agree that, your Representative and except as expressly provided in this Agreement, none of APAM or Holdings, or their respective directors, officers, employees, partners, subsidiaries, agents, representatives, advisors or affiliates, have made nor will make any representation or warranty with respect to the extent applicableworthiness, terms, value or any other aspect of the Qualified Custodian(s)transactions contemplated by this Agreement and each explicitly disclaims any representation or warranty, Product Sponsor(s)express or implied, and/or Third-Party Money Manager(swith respect to such matters.
(d) You understand and agree that all of your partnership units that are not purchased by APAM pursuant to this Agreement (the “Retained Units”) will rely upon be governed by the most current information provided terms and conditions of the Fifth Amended and Restated Agreement of Limited Partnership of Holdings, and any amendments thereto from time to time, and that there is no guarantee that the future value ultimately realized by you in connection with providing Services for your Account. You recognize each Retained Unit will be comparable to (and may be less than or more than) the value and usefulness of the services of MOIS will depend upon the accuracy and completeness of the information that you provide to MOIS, upon your active participation in the formulation of the objectives, and in the implementation of the advice to attain those objectives. You will provide MOIS all requested information and required documents that MOIS may reasonably request in order to permit a complete evaluation and preparation of the recommendations for you. You agree that you are obligated to notify MOIS of any changes to information previously supplied by you which is no longer accurate. MOIS will not be responsible for the verification of the information and documentation provided by you. You understand that you may maintain (individually or jointly) multiple accounts with different Qualified Custodian(s), Product Sponsor(s), and/or Third-Party Money Manager(s); that you may have different objectives, goals or strategies for such accounts/retirement plans; and that unless otherwise stated, the information contained in the accompanying Account Application only applies to the retirement plan associated with this particular account and the applicable Qualified Custodian, Product Sponsor, and/or Third-Party Money Manager. You are responsible for reading any and all information provided purchase price per unit paid to you by MOIS, your Representative and to the extent applicable the Qualified Custodian(s), Product Sponsors, and Third-Party Money Manager with regard to your retirement plan (including but not limited pursuant to this Agreement.
(e) To the extent you have deemed necessary, accompanying disclosure documentsin light of your knowledge and experience in business and financial matters, plan documentsyou have consulted with your attorney, financial advisor and others regarding all legal, financial, securities and tax aspects of the transactions contemplated by this Agreement, including the risks thereof, and prospectuses). • You will not lend such advisors have reviewed this Agreement on your behalf.
(f) Neither you, nor any person controlling or borrow money controlled by you, or, to the best of your knowledge, any person having a beneficial interest of 5% or securities to or from your Representative. You will not enter into any other personal business relationship with your Representative (including any type of investment or business activity involving your Representative or anyone associated with your Representative). You will immediately notify more in writing the Compliance Department of MOIS you in the event that you borrow or lend money or securities from your Representative aggregate, is a person who: (i) appears on the Specially Designated Nationals and Blocked Persons List of the Office of Foreign Assets Control or any other person associated similar list maintained by the Office of Foreign Assets Control pursuant to any authorizing statute, executive order or regulation; (ii) is otherwise a party with MOIS. Except for financial planning services as described below, you will not write checks, prepare wire or ACH instructionswhom, or authorize money orders has its principal place of business, or other methods the majority of payment its business operations (measured by making them payable revenues) located, in a country in which, transactions are prohibited by (A) United States Executive Order 13224, Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to MOISCommit, your Representative or any person Support Terrorism; (B) the United States Uniting and Strengthening America by Providing Appropriate Tools required to Intercept and Obstruct Terrorism Act of 2001; (C) the United States Trading with the Enemy Act of 1917, as amended; (D) the United States International Emergency Economic Powers Act of 1977, as amended or entity associated with MOIS (E) the foreign asset control regulations of the United States Department of the Treasury; (iii) has been convicted of or your Representative. Except for financial planning services by MOIS through your Representative, all checks or other forms of payment should be made payable to the Qualified Custodian or a particular Product Sponsor. For financial planning services provided by MOIS through your Representative in connection charged with a separate advisory agreementfelony relating to money laundering or (iv) is under investigation by any governmental authority for money laundering.
(g) The execution, you may write a check made payable to MOIS; however, under no circumstances may you make a check payable to your Representative or any entity owned or controlled by your Representative. • You understand that investing in securities involves risk delivery and that many variables exist that may have a substantial negative effect on the value performance of the Plan. You agree that you this Agreement does not and will not rely upon any information, statement, forecast, guarantee, comparison, prediction or projection (whether made orally or in writing) that is not contained in, or is inconsistent with, any publicly available information contained in a prospectus, disclosure document or other filing made by, or contained in information supplied by the Qualified Custodian or a Product Sponsor. • MOIS and your Representative can rely upon any written or oral instructions provided by you with regard to activities in your account(s) (i.e., unsolicited and solicited trade instructions, transfers, and check requests) and that you are responsible for paying any fee, charge, commission or other expenses incurred by MOIS as a result of those instructions. You agree to indemnify MOIS from, and hold MOIS harmless for any losses resulting from your actions or failure to act, including losses resulting from actions taken by third parties acting on your behalf. • If you have checked the box “no” under “Industry and Other Affiliations” in the accompanying Application, you represent and warrant that you are not (i) associated with constitute a breach or violation of, or a default under, or give rise to any lien, any acceleration of the persons remedies or entities identified in the box for “yes” under “Industry and Other Affiliation”; any right of termination under, any law, rule or regulation or any judgment, decree, order, governmental permit, license or agreement of yours or to which you are subject or bound, (ii) no person other than as disclosed in the Account Application has an interest in your account(s); and constitute a breach or violation or a default under any agreement or contract to which you are a party or (iii) you will immediately notify MOIS in writing if there require any consent or approval under any such law, rule, regulation, judgment, decree, order, governmental permit, license or agreement applicable to you.
(h) There is any change in no pending or, to your response knowledge, threatened, litigation, action, proceeding, application, complaint or investigation (i) affecting your partnership units or (ii) which purports to these questions. • You agree to review and monitor all activities in your accounts and that all activity will be deemed accurate and in accordance with your instructions unless you notify MOIS in writing within ten (10) days following notification affect the legality, validity or enforceability of the activity. You may contact MOIS regarding any activities in your account(s) as well as to submit a question or complaint in writing at: Mutual of Omaha Investor Services, Inc. 0000 Xxxxxx xx Xxxxx Xxxxx Xxxxx XX 00000 Or call us at: 000-000-0000 Or email us at: xxxx.xxxxxxxxxx@xxxxxxxxxxxxx.xxx The Financial Industry Regulatory Authority (FINRA) requires that MOIS provide the following information concerning FINRA’s public disclosure program. You may contact FINRA directly at FINRA BrokerCheck Hotline: 0-000-000-0000 or at their website address: xxx.xxxxx.xxx. • You agree and authorize MOIS to monitor and/or record any telephone conversations with you or any person acting on your behalf. • You agree to resolve any disputes concerning your relationship with MOIS and any person associated with MOIS (including any Representative or any business entity they conduct business through), employees, officers, directors of MOIS or any company affiliated with MOIS in accordance with the Arbitration Agreement contained in this Agreement. • .
(i) You understand that you are responsible for maintaining appropriate safeguards regarding your non- public personal information stored an “accredited investor” within the meaning of Rule 501 of Regulation D promulgated by you in electronic or physical format. You understand that the failure to do could result in an unauthorized person gaining access to your accounts or information maintained by youSecurities and Exchange Commission under the Securities Act of 1933, the Qualified Custodian or a Product Sponsor. • You agree and acknowledge that neither MOIS nor its Representative can offer tax, legal or accounting advice and that you are responsible for consulting with tax, legal or accounting professionals as necessary. • Communications may be sent to you at your current address which is on file with MOIS, or at such other address as you may hereafter give MOIS in writing. All communications sent, whether by mail, telegraph, messenger, or otherwise, shall be deemed given to you personally, whether actually received or not. • You agree and acknowledge that you have received and reviewed the Retirement Plan Fee Disclosure relating to your plan in accordance with ERISA section 408(b)(2)amended.
Appears in 2 contracts
Samples: Partnership Unit Purchase Agreement (Artisan Partners Asset Management Inc.), Partnership Unit Purchase Agreement (Artisan Partners Asset Management Inc.)
Your Representations. You represent and agree that: • You have read this Agreement and understand that MOIS, your Representative Advisor and to the extent applicable, the Qualified Custodian(s), Product Sponsor(s), and/or Third-Party Money Manager(s) and/or Platform Manager will rely upon the most current information provided by you in connection with providing Services for your Account. You recognize the value and usefulness of the services of MOIS will depend upon the accuracy and completeness of the information that you provide to MOIS, upon your active participation in the formulation of the objectives, and in the implementation of the advice to attain those objectives. You will provide MOIS all requested information and required documents that MOIS may reasonably request in order to permit a complete evaluation and preparation of the recommendations for you. You agree that you are obligated to notify MOIS of any changes to information previously supplied by you which is no longer accurate. MOIS will not be responsible for the verification of the information and documentation provided by you. You understand that you may maintain (individually or jointly) multiple accounts with different Qualified Custodian(s), Product Sponsor(s), and/or Third-Party Money Manager(s) and Platform Manager(s); that you may have different investment objectives, goals goals, strategies or strategies risk tolerance for such accounts/retirement plansinvestments; and that unless otherwise stated, the information contained in the accompanying Account Application only applies to the retirement plan investments associated with this particular account and the applicable Qualified Custodian, Product Sponsor, and/or Third-Party Money Manager or Platform Manager. You are responsible for reading any and all information provided to you by MOIS, your Representative Advisor and to the extent applicable the Qualified Custodian(s), Product Sponsors, and Third-Party Money Manager and Platform Manager with regard to your retirement plan investments (including but not limited to this Agreement, accompanying disclosure documents, plan documentsprospectuses, confirmations, and prospectuses)statements) including information regarding risk, fees and expenses associated with such investment. You are responsible for reporting any discrepancies or unauthorized transactions to MOIS no later than ten (10) days from receipt of such information. You understand that your failure to do so will be deemed an acknowledgement that you have ratified and authorized any transaction or activity in your account. • You Except if you are an immediate family member of your Advisor, you will not lend or borrow money or securities to or from your Representative. You will not Advisor or any other person associated with MOIS or otherwise enter into any other personal business relationship with your Representative Advisor (including any type of investment or business activity involving your Representative Advisor or anyone associated with your RepresentativeAdvisor). You will immediately notify in writing the Compliance Department of MOIS in the event that you borrow or lend money or securities from your Representative Advisor or any other person associated with MOIS. • Except for financial planning services as described below, you will not write checks, prepare wire or ACH instructions, or authorize money orders or other methods of payment by making them payable to MOIS, your Representative Advisor or any person or entity associated with MOIS or your RepresentativeAdvisor. Except for financial planning services by MOIS through your RepresentativeAdvisor, all checks or other forms of payment should be made payable to the Qualified Custodian Custodian, Third-Party Money Manager or a particular Product Sponsor. For financial planning services provided by MOIS through your Representative in connection with a separate advisory agreementAdvisor, you may write a check made payable to MOIS; however, under no circumstances may you make a check payable to your Representative Advisor or any entity owned or controlled by your RepresentativeAdvisor. • You will not allow your Advisor, or any person associated with MOIS, to serve as trustee, guardian, fiduciary, or co-owner of your account(s) unless that person is a member of your immediate family (i.e., spouse, parent, child or other person living in your household). To the extent that your Advisor is an immediate family member and serving as a trustee, you acknowledge that this role is in your Advisor’s personal capacity and outside of the services of MOIS. MOIS reserves the right to further restrict or prohibit your Advisor from engaging in trust activities for immediate family members. • You understand that investing in securities involves risk and that many variables exist that may have a substantial negative effect on the value of the Planyour investments. You agree that you will not rely upon any information, statement, forecast, guarantee, comparison, prediction or projection (whether made orally or in writing) that is not contained in, or is inconsistent with, any publicly publically available information contained in a prospectus, disclosure document document, confirmation, statement or other filing made by, or contained in information supplied by the Qualified Custodian Custodian, Third- Party Money Manager, Platform Manager or a Product Sponsor. • MOIS and your Representative Advisor can rely upon any written or oral instructions provided by you with regard to activities in your account(s) (i.e., unsolicited and solicited trade instructions, transfers, and check requests) and that you are responsible for paying any fee, charge, commission charge or other expenses incurred by MOIS as a result of those instructions. You agree to indemnify MOIS from, and hold MOIS harmless for any losses resulting from your actions or failure to act, including losses resulting from actions taken by third parties acting on your behalf. • If you have checked the box “no” under “Industry and Other Affiliations” in the accompanying Application, you represent and warrant that you are not (i) associated with any of the persons or entities identified in the box for “yes” under “Industry and Other Affiliation”; (ii) no person other than as disclosed in the Account Application has an interest in your account(s); and (iii) you will immediately notify MOIS in writing if there is any change in your response to these questions. • You agree to review and monitor all activities in your accounts accounts, including activities reflected on transaction confirmations and monthly/quarterly statements received from the Qualified Custodian(s), Product Sponsor(s), Third Party Money Manager(s) and/or Platform Manager(s), and that all activity transactions will be deemed accurate and in accordance with your instructions unless you notify MOIS in writing within ten (10) days following notification receipt thereof. You acknowledge and agree that your failure to notify MOIS of the activityany problems with your account(s) will be viewed by MOIS as authorization or ratification of such activities for which you are responsible. You may contact MOIS regarding any activities in your account(s) as well as to submit a question or complaint in writing at: Mutual of Omaha Investor Services, Inc. 0000 Xxxxxx xx Xxxxx Xxxxx Xxxxx XX 00000 Or call us at: 000-000-0000 Or email us at: xxxx.xxxxxxxxxx@xxxxxxxxxxxxx.xxx The Financial Industry Regulatory Authority (FINRA) requires that MOIS provide the following information concerning FINRA’s public disclosure program. You may contact FINRA directly at FINRA BrokerCheck Hotline: 0-000-000-0000 or at their website address: xxx.xxxxx.xxx. • You agree and authorize MOIS to monitor and/or record any telephone conversations with you or any person acting on your behalf. • You agree to resolve any disputes concerning your relationship with MOIS and any person associated with MOIS (including any Representative Advisor or any business entity they conduct business through), employees, officers, directors of MOIS or any company affiliated with MOIS in accordance with the Arbitration Agreement contained in this Agreement. • You understand that you are responsible for maintaining appropriate safeguards regarding your non- non-public personal information stored by you in electronic or physical format. You understand that the failure to do could result in an unauthorized person gaining access to your accounts or information maintained by you, Platform Manager, Third Party Money Manager, the Qualified Custodian Custodian, or a Product SponsorMOIS. • You agree and acknowledge that neither MOIS nor its Representative your Advisor can offer tax, legal or accounting advice regarding any investment product or strategy and that you You are responsible for consulting with tax, legal or accounting professionals as necessary. • Communications may be sent to you at your current address which is on file with MOIS, or at such other address as you may hereafter give MOIS in writing. All communications so sent, whether by mail, telegraph, messenger, or otherwise, shall be deemed given to you personally, whether actually received or not. • You agree and acknowledge that you have received and reviewed the Retirement Plan Fee Disclosure relating to your plan in accordance with ERISA section 408(b)(2).
Appears in 2 contracts
Samples: Customer Agreement for Advisory Accounts, Customer Agreement for Advisory Accounts
Your Representations. You represent and agree that: • You have read this Agreement and understand that MOIS, your Representative and to the extent applicable, the Qualified Custodian(s), ) and/or Product Sponsor(s), and/or Third-Party Money Manager(s) will rely upon the most current information provided by you in connection with providing Services for your Account. You recognize the value and usefulness of the services of MOIS will depend upon the accuracy and completeness of the information that you provide to MOIS, upon your active participation in the formulation of the objectives, and in the implementation of the advice to attain those objectives. You will provide MOIS all requested information and required documents that MOIS may reasonably request in order to permit a complete evaluation and preparation of the recommendations for you. You agree that you are obligated to notify MOIS of any changes to information previously supplied by you which is no longer accurate. MOIS will not be responsible for the verification of the information and documentation provided by you. You understand that you may maintain (individually or jointly) multiple accounts with different Qualified Custodian(s), ) and/or Product Sponsor(s), and/or Third-Party Money Manager(s); that you may have different investment objectives, goals goals, strategies or strategies risk tolerance for such accounts/retirement plansinvestments; and that unless otherwise stated, the information contained in the accompanying Account Application only applies to the retirement plan investments associated with this particular account and the applicable Qualified Custodian, Custodian and/or Product Sponsor, and/or Third-Party Money Manager. You are responsible for reading any and all information provided to you by MOIS, your Representative and to the extent applicable the Qualified Custodian(s), ) and Product Sponsors, and Third-Party Money Manager Sponsor(s) with regard to your retirement plan investments (including but not limited to this Agreement, accompanying disclosure documents, plan documentsprospectuses, confirmations, and prospectuses)statements) including information regarding risk, fees and expenses associated with such investment. You are responsible for reporting any discrepancies or unauthorized transactions to MOIS no later than ten (10) days from receipt of such information. You understand that your failure to do so will be deemed an acknowledgement that you have ratified and authorized any transaction or activity in your account. • You Except if you are an immediate family member of your Representative, you will not lend or borrow money or securities to or from your Representative. You will not Representative or otherwise enter into any other personal business relationship with your Representative (including any type of investment or business activity involving your Representative, an associate of your Representative or anyone any other person associated with your RepresentativeMOIS). You will immediately notify in writing the Compliance Department of MOIS in the event that you borrow or lend money or securities from your Representative or any other person associated with MOIS. Except for financial planning services as described below, you • You will not write checks, prepare wire or ACH instructions, or authorize money orders or other methods of payment by making them payable to MOIS, your Representative, an associate of your Representative or any other person or entity associated with MOIS or your RepresentativeMOIS. Except for financial planning services by MOIS through your Representative, all All checks or other forms of payment should be made payable to the Qualified Custodian or a particular Product Sponsor. For financial planning services provided by MOIS through your Representative in connection with a separate advisory agreement, you may write a check made payable to MOIS; however, under no circumstances may you make a check payable to your Representative or any entity owned or controlled by your Representative. • You will not allow your Representative, an associate of our Representative or any other person associated with MOIS to serve as trustee, guardian, fiduciary, or co-owner of your account(s) unless that person is a member of your immediate family (i.e., spouse, parent, child or other person living in your household). To the extent that your Representative is an immediate family member and serving as a trustee, you acknowledge that this role is in your Representative’s personal capacity and outside of the services of MOIS. MOIS reserves the right to further restrict or prohibit your Representative from engaging in trust activities for immediate family members. • You understand that investing in securities involves risk and that many variables exist that may have a substantial negative effect on the value of the Planyour investments. You agree that you will not rely upon any information, statement, forecast, guarantee, comparison, prediction or projection (whether made orally or in writing) that is not contained in, or is inconsistent with, any publicly available information contained in a prospectus, disclosure document document, confirmation, statement or other filing made by, or contained in information supplied by the Qualified Custodian or a Product Sponsor. • MOIS and your Representative can rely upon any written or oral instructions provided by you with regard to activities in your account(s) (i.e., unsolicited and solicited trade instructions, transfers, and check requests) and that you are responsible for paying any fee, charge, commission or other expenses incurred by MOIS as a result of those instructions. You agree to indemnify MOIS from, and hold MOIS harmless for any losses resulting from your actions or failure to act, including losses resulting from actions taken by third parties acting on your behalf. • If you have checked the box “no” under “Industry and Other Affiliations” in the accompanying Application, you represent and warrant that you are not (i) associated with any of the persons or entities identified in the box for “yes” under “Industry and Other Affiliation”; (ii) no person other than as disclosed in the Account Application has an interest in your account(s); and (iii) you will immediately notify MOIS in writing if there is any change in your response to these questions. • You agree to review and monitor all activities in your accounts accounts, including activities reflected on transaction confirmations and monthly/quarterly statements received from the Qualified Custodian(s) or Product Sponsor(s), and that all activity transactions will be deemed accurate and in accordance with your instructions unless you notify MOIS in writing within ten (10) days following notification receipt thereof. You acknowledge and agree that your failure to notify MOIS of the activityany problems with your account(s) will be viewed by MOIS as authorization or ratification of such activities for which you are responsible. You may contact MOIS regarding any activities in your account(s) as well as to submit a question or complaint in writing at: Mutual of Omaha Investor Services, Inc. 0000 Xxxxxx xx Xxxxx Xxxxx Xxxxx XX 00000 Omaha NE 68175 Or call us at: 000-000-0000 Or email us at: xxxx.xxxxxxxxxx@xxxxxxxxxxxxx.xxx The Financial Industry Regulatory Authority (FINRA) requires that MOIS provide the following information concerning FINRA’s public disclosure program. You may contact FINRA directly at FINRA BrokerCheck Hotline: 0-000-000-0000 or at their website address: xxx.xxxxx.xxx. • You agree and authorize MOIS to monitor and/or record any telephone conversations with you or any person acting on your behalf. • You agree to resolve any disputes concerning your relationship with MOIS and any person associated with MOIS (including any Representative or any business entity they conduct business through), employees, officers, directors of MOIS or any company affiliated with MOIS in accordance with the Arbitration Agreement contained in this Agreement. • You understand that you are responsible for maintaining appropriate safeguards regarding your non- non-public personal information stored by you in electronic or physical format. You understand that the failure to do could result in an unauthorized person gaining access to your accounts or information maintained by you, the Qualified Custodian or a Product Sponsor. • Although a Representative may also be licensed as an investment adviser representative of an investment adviser firm and hold industry designations such as the Certified Financial Planner (“CFP”), when the Representative is acting solely in his/her capacity as a registered representative, any recommendations will be made in accordance with FINRA suitability and SEC best interest standards and not in the capacity as an investment advisory fiduciary, CFP or other standard. • You agree and acknowledge that neither MOIS nor its Representative can offer tax, legal or accounting advice regarding any investment product or strategy and that you You are responsible for consulting with tax, legal or accounting professionals as necessary. • Communications may be sent to you at your current address which is on file with MOIS, or at such other address as you may hereafter give MOIS in writing. All communications so sent, whether by mail, telegraph, messenger, or otherwise, shall be deemed given to you personally, whether actually received or not. • You agree understand that your Representative is responsible for promptly transmitting any funds received from you in relation to account activity. After the MOIS Home Office receives the complete and acknowledge that you have correct new account application and transaction paperwork, MOIS may take up to seven days to review and transmit funds. MOIS will maintain a copy of funds received in the Home Office, including a record of when the funds were received from the customer and reviewed the Retirement Plan Fee Disclosure relating date the funds were transmitted to your plan in accordance with ERISA section 408(b)(2)the Product Sponsor. Once MOIS has approved or rejected the transaction, the funds will be promptly transmitted to the Qualified Custodian or Product Sponsor; or returned to the customer.
Appears in 1 contract
Samples: Customer Agreement
Your Representations. You represent and agree that: • You have read this Agreement and understand that MOIS, your Representative and to the extent applicable, the Qualified Custodian(s), ) and/or Product Sponsor(s), and/or Third-Party Money Manager(s) will rely upon the most current information provided by you in connection with providing Services for your Account. You recognize the value and usefulness of the services of MOIS will depend upon the accuracy and completeness of the information that you provide to MOIS, upon your active participation in the formulation of the objectives, and in the implementation of the advice to attain those objectives. You will provide MOIS all requested information and required documents that MOIS may reasonably request in order to permit a complete evaluation and preparation of the recommendations for you. You agree that you are obligated to notify MOIS of any changes to information previously supplied by you which is no longer accurate. MOIS will not be responsible for the verification of the information and documentation provided by you. You understand that you may maintain (individually or jointly) multiple accounts with different Qualified Custodian(s), ) and/or Product Sponsor(s), and/or Third-Party Money Manager(s); that you may have different investment objectives, goals goals, strategies or strategies risk tolerance for such accounts/retirement plansinvestments; and that unless otherwise stated, the information contained in the accompanying Account Application only applies to the retirement plan investments associated with this particular account and the applicable Qualified Custodian, Custodian and/or Product Sponsor, and/or Third-Party Money Manager. You are responsible for reading any and all information provided to you by MOIS, your Representative and to the extent applicable the Qualified Custodian(s), ) and Product Sponsors, and Third-Party Money Manager Sponsor(s) with regard to your retirement plan investments (including but not limited to this Agreement, accompanying disclosure documents, plan documentsprospectuses, confirmations, and prospectuses)statements) including information regarding risk, fees and expenses associated with such investment. You are responsible for reporting any discrepancies or unauthorized transactions to MOIS no later than ten (10) days from receipt of such information. You understand that your failure to do so will be deemed an acknowledgement that you have ratified and authorized any transaction or activity in your account. • You Except if you are an immediate family member of your Representative, you will not lend or borrow money or securities to or from your Representative. You will not Representative or otherwise enter into any other personal business relationship with your Representative (including any type of investment or business activity involving your Representative, an associate of your Representative or anyone any other person associated with your RepresentativeMOIS). You will immediately notify in writing the Compliance Department of MOIS in the event that you borrow or lend money or securities from your Representative or any other person associated with MOIS. Except for financial planning services as described below, you • You will not write checks, prepare wire or ACH instructions, or authorize money orders or other methods of payment by making them payable to MOIS, your Representative, an associate of your Representative or any other person or entity associated with MOIS or your Representative. Except for financial planning services by MOIS through your Representative, all All checks or other forms of payment should be made payable to the Qualified Custodian or a particular Product Sponsor. For financial planning services provided by MOIS through your Representative in connection with a separate advisory agreement, you may write a check made payable to MOIS; however, under no circumstances may you make a check payable to your Representative or any entity owned or controlled by your Representative. • You will not allow your Representative, an associate of our Representative or any other person associated with MOIS to serve as trustee, guardian, fiduciary, or co-owner of your account(s) unless that person is a member of your immediate family (i.e., spouse, parent, child or other person living in your household). To the extent that your Representative is an immediate family member and serving as a trustee, you acknowledge that this role is in your Representative’s personal capacity and outside of the services of MOIS. MOIS reserves the right to further restrict or prohibit your Representative from engaging in trust activities for immediate family members. • You understand that investing in securities involves risk and that many variables exist that may have a substantial negative effect on the value of the Planyour investments. You agree that you will not rely upon any information, statement, forecast, guarantee, comparison, prediction or projection (whether made orally or in writing) that is not contained in, or is inconsistent with, any publicly publically available information contained in a prospectus, disclosure document document, confirmation, statement or other filing made by, or contained in information supplied by the Qualified Custodian or a Product Sponsor. • MOIS and your Representative can rely upon any written or oral instructions provided by you with regard to activities in your account(s) (i.e., unsolicited and solicited trade instructions, transfers, and check requests) and that you are responsible for paying any fee, charge, commission or other expenses incurred by MOIS as a result of those instructions. You agree to indemnify MOIS from, and hold MOIS harmless for any losses resulting from your actions or failure to act, including losses resulting from actions taken by third parties acting on your behalf. • If you have checked the box “no” under “Industry and Other Affiliations” in the accompanying Application, you represent and warrant that you are not (i) associated with any of the persons or entities identified in the box for “yes” under “Industry and Other Affiliation”; (ii) no person other than as disclosed in the Account Application has an interest in your account(s); and (iii) you will immediately notify MOIS in writing if there is any change in your response to these questions. • You agree to review and monitor all activities in your accounts accounts, including activities reflected on transaction confirmations and monthly/quarterly statements received from the Qualified Custodian(s) or Product Sponsor(s), and that all activity transactions will be deemed accurate and in accordance with your instructions unless you notify MOIS in writing within ten (10) days following notification receipt thereof. You acknowledge and agree that your failure to notify MOIS of the activityany problems with your account(s) will be viewed by MOIS as authorization or ratification of such activities for which you are responsible. You may contact MOIS regarding any activities in your account(s) as well as to submit a question or complaint in writing at: Mutual of Omaha Investor Services, Inc. 0000 Xxxxxx xx Xxxxx Xxxxx Xxxxx XX 00000 Or call us at: 000-000-0000 Or email us at: xxxx.xxxxxxxxxx@xxxxxxxxxxxxx.xxx The Financial Industry Regulatory Authority (FINRA) requires that MOIS provide the following information concerning FINRA’s public disclosure program. You may contact FINRA directly at FINRA BrokerCheck Hotline: 0-000-000-0000 or at their website address: xxx.xxxxx.xxx. • You agree and authorize MOIS to monitor and/or record any telephone conversations with you or any person acting on your behalf. • You agree to resolve any disputes concerning your relationship with MOIS and any person associated with MOIS (including any Representative or any business entity they conduct business through), employees, officers, directors of MOIS or any company affiliated with MOIS in accordance with the Arbitration Agreement contained in this Agreement. • You understand that you are responsible for maintaining appropriate safeguards regarding your non- non-public personal information stored by you in electronic or physical format. You understand that the failure to do could result in an unauthorized person gaining access to your accounts or information maintained by you, the Qualified Custodian or a Product Sponsor. • Although a Representative may also be licensed as an investment adviser representative of an investment adviser firm and hold industry designations such as the Certified Financial Planner (“CFP”), when the Representative is acting solely in his/her capacity as a registered representative to invest non-qualified assets, any recommendations will be made in accordance with FINRA suitability standards and not in the capacity as an investment advisory fiduciary, CFP or other standard. • You agree and acknowledge that neither MOIS nor its Representative can offer tax, legal or accounting advice regarding any investment product or strategy and that you You are responsible for consulting with tax, legal or accounting professionals as necessary. • Communications may be sent to you at your current address which is on file with MOIS, or at such other address as you may hereafter give MOIS in writing. All communications so sent, whether by mail, telegraph, messenger, or otherwise, shall be deemed given to you personally, whether actually received or not. • You agree understand that your Representative is responsible for promptly transmitting any funds received from you in relation to account activity. After the MOIS Home Office receives the complete and acknowledge that you have correct new account application and transaction paperwork, MOIS may take up to seven days to review and transmit funds. MOIS will maintain a copy of funds received in the Home Office, including a record of when the funds were received from the customer and reviewed the Retirement Plan Fee Disclosure relating date the funds were transmitted to your plan in accordance with ERISA section 408(b)(2)the Product Sponsor. Once MOIS has approved or rejected the transaction, the funds will be promptly transmitted to the Qualified Custodian or Product Sponsor; or returned to the customer.
Appears in 1 contract
Samples: Customer Agreement
Your Representations. You represent and agree that: • You have read this Agreement and understand that MOIS, your Representative and to the extent applicable, the Qualified Custodian(s), Product Sponsor(s), and/or Third-Party Money Manager(s) will rely upon the most current information provided by you in connection with providing Services for your Account. You recognize the value and usefulness of the services of MOIS will depend upon the accuracy and completeness of the information that you provide to MOIS, upon your active participation in the formulation of the objectives, and in the implementation of the advice to attain those objectives. You will provide MOIS all requested information and required documents that MOIS may reasonably request in order to permit a complete evaluation and preparation of the recommendations for you. You agree that you are obligated to notify MOIS of any changes to information previously supplied by you which is no longer accurate. MOIS will not be responsible for the verification of the information and documentation provided by you. You understand that you may maintain (individually or jointly) multiple accounts with different Qualified Custodian(s), Product Sponsor(s), and/or Third-Party Money Manager(s); that you may have different objectives, goals or strategies for such accounts/retirement plans; and that unless otherwise stated, the information contained in the accompanying Account Application only applies to the retirement plan associated with this particular account and the applicable Qualified Custodian, Product Sponsor, and/or Third-Party Money Manager. You are responsible for reading any and all information provided to you by MOIS, your Representative and to the extent applicable the Qualified Custodian(s), Product Sponsors, and Third-Party Money Manager with regard to your retirement plan (including but not limited to this Agreement, accompanying disclosure documents, plan documents, and prospectuses). • You will not lend or borrow money or securities to or from your Representative. You will not enter into any other personal business relationship with your Representative (including any type of investment or business activity involving your Representative or anyone associated with your Representative). You will immediately notify in writing the Compliance Department of MOIS in the event that you borrow or lend money or securities from your Representative or any other person associated with MOIS. Except for financial planning services as described below, you will not write checks, prepare wire or ACH instructions, or authorize money orders or other methods of payment by making them payable to MOIS, your Representative or any person or entity associated with MOIS or your Representative. Except for financial planning services by MOIS through your Representative, all checks or other forms of payment should be made payable to the Qualified Custodian or a particular Product Sponsor. For financial planning services provided by MOIS through your Representative in connection with a separate advisory agreement, you may write a check made payable to MOIS; however, under no circumstances may you make a check payable to your Representative or any entity owned or controlled by your Representative. • You understand that investing in securities involves risk and that many variables exist that may have a substantial negative effect on the value of the Plan. You agree that you will not rely upon any information, statement, forecast, guarantee, comparison, prediction or projection (whether made orally or in writing) that is not contained in, or is inconsistent with, any publicly available information contained in a prospectus, disclosure document or other filing made by, or contained in information supplied by the Qualified Custodian or a Product Sponsor. • MOIS and your Representative can rely upon any written or oral instructions provided by you with regard to activities in your account(s) (i.e., unsolicited and solicited trade instructions, transfers, and check requests) and that you are responsible for paying any fee, charge, commission or other expenses incurred by MOIS as a result of those instructions. You agree to indemnify MOIS from, and hold MOIS harmless for for, any losses resulting from your actions or failure to act, including losses resulting from actions taken by third parties acting on your behalf. • If you have checked the box “no” under “Industry and Other Affiliations” in the accompanying Application, you represent and warrant that you are not (i) associated with any of the persons or entities identified in the box for “yes” under “Industry and Other Affiliation”; (ii) no person other than as disclosed in the Account Application has an interest in your account(s); and (iii) you will immediately notify MOIS in writing if there is any change in your response to these questions. • You agree to review and monitor all activities in your accounts and that all activity will be deemed accurate and in accordance with your instructions unless you notify MOIS in writing within ten (10) days following notification of the activity. You may contact MOIS regarding any activities in your account(s) as well as to submit a question or complaint in writing at: Mutual of Omaha Investor Services, Inc. 0000 Xxxxxx xx Xxxxx Xxxxx Xxxxx XX 00000 Or call us at: 000-000-0000 Or email us at: xxxx.xxxxxxxxxx@xxxxxxxxxxxxx.xxx The Financial Industry Regulatory Authority (FINRA) requires that MOIS provide the following information concerning FINRA’s public disclosure program. You may contact FINRA directly at FINRA BrokerCheck Hotline: 0-000-000-0000 or at their website address: xxx.xxxxx.xxx. • You agree and authorize MOIS to monitor and/or record any telephone conversations with you or any person acting on your behalf. • You agree to resolve any disputes concerning your relationship with MOIS and any person associated with MOIS (including any Representative or any business entity they conduct business through), employees, officers, directors of MOIS or any company affiliated with MOIS in accordance with the Arbitration Agreement contained in this Agreement. • You understand that you are responsible for maintaining appropriate safeguards regarding your non- non-public personal information stored by you in electronic or physical format. You understand that the failure to do could result in an unauthorized person gaining access to your accounts or information maintained by you, the Qualified Custodian or a Product Sponsor. • You agree and acknowledge that neither MOIS nor its Representative can offer tax, legal or accounting advice and that you are responsible for consulting with tax, legal or accounting professionals as necessary. • Communications may be sent to you at your current address which is on file with MOIS, or at such other address as you may hereafter give MOIS in writing. All communications sent, whether by mail, telegraph, messenger, or otherwise, shall be deemed given to you personally, whether actually received or not. • You agree and acknowledge that you have received and reviewed the Retirement Plan Fee Disclosure relating to your plan in accordance with ERISA section 408(b)(2).
Appears in 1 contract
Samples: Customer Agreement
Your Representations. You represent and agree warrant that: • :
(a) You are at least eighteen (18) years old or have otherwise reached the age of majority according to the laws of your Applicable Jurisdiction.
(b) You are authorized to enter into this Agreement.
(c) You have read this Agreement notified DriveLoyalty, and DriveWealth, as required by Applicable Law, if you, your spouse, your immediate family or any beneficial owner of the Account are or become employed by or affiliated with any of the following: a member firm of FINRA or other exchange, or securities or commodities exchange, self-regulatory organization financial institution or any of their affiliated organizations or our independent auditor.
(d) You are not a Securities Professional and you are using the Account for your own personal, non-business, use.
(e) You are not an officer, director, or 10% or greater stockholder of any publicly traded company.
(f) You are not a “politically exposed person” or otherwise on any restricted list under applicable Office of Foreign Assets Control rules and regulations.
(g) No one other than you, and as applicable the individuals identified in your Account documentation, has or will have an interest in your Account, unless we are notified in writing and we agree to continue to facilitate maintenance of the Account.
(h) You have provided accurate and truthful personal and profile information, and you agree to keep such information updated at all times. You authorize DriveLoyalty as your introducing firm to provide to DriveWealth information related to you in order to establish and maintain your Account. Such information may include, among other things, personal identifying information, information on your residence, financial information, risk tolerance, and/or tax status.
(i) You acknowledge and understand that MOISall investments involve risk, that losses may exceed the principal invested, and that the past performance of a security, industry, sector, market, or financial product does not guarantee future results or returns. You are solely responsible for all investment decisions associated with your Representative and to the extent applicable, the Qualified Custodian(s), Product Sponsor(s), and/or Third-Party Money Manager(s) will rely upon the most current information provided by you Account including any risks in connection with providing Services the purchase or sale of securities (which includes the risk of loss).
(j) You agree that it is your responsibility to review order execution confirmations and statements of your Account promptly upon receipt. These documents will be considered binding on you unless you notify us of an objection within two (2) days from the date confirmations are sent or within ten (10) days after Account statements are sent. Such objection may be oral or in writing, but any oral objection must be immediately confirmed in writing. In all cases, DriveLoyalty reserves the right to determine the validity of your objection. If you object to a transaction for your Account. You recognize the value any reason, you understand and usefulness of the services of MOIS will depend upon the accuracy and completeness of the information that you provide to MOIS, upon your active participation in the formulation of the objectives, and in the implementation of the advice to attain those objectives. You will provide MOIS all requested information and required documents that MOIS may reasonably request in order to permit a complete evaluation and preparation of the recommendations for you. You agree that you are obligated to notify MOIS take action to limit any losses that may result from such transaction and that you will bear sole responsibility for any losses relating to the transaction, even if your objection to the transaction is ultimately determined to be valid. Nothing in this clause shall limit your other responsibilities in this Agreement.
(k) You understand that DriveLoyalty or DriveWealth may discontinue your Account or any services related to your Account immediately by providing written notice to you. If DriveLoyalty or DriveWealth discontinues your Account or any services related to your Account, you agree that DriveWealth is authorized to (i) liquidate any securities or other property in your Account and send you any net proceeds (after satisfying any Obligations), and (ii) close your Account. This is without limitation to DriveLoyalty’s other rights under this Agreement or otherwise. “Obligations” includes all indebtedness, debit balances, liabilities, or other obligations of any changes kind of you to information previously supplied by you which is no longer accurateDriveLoyalty or DriveWealth, whether now existing or hereafter arising. MOIS Neither DriveLoyalty nor DriveWealth will not be responsible for any Losses caused by discontinuing your Account or any services, or any liquidation of your securities or other property, or closure of your Account, including any tax liabilities.
(l) In the verification of event your Account is canceled, closed, or terminated for any reason and thereafter DriveLoyalty receives funds to be applied to your Account, we reserve the information and documentation provided by you. You understand that you may maintain (individually or jointly) multiple accounts with different Qualified Custodian(s), Product Sponsor(s), and/or Third-Party Money Manager(s); that right to apply the funds to any obligations you may have different objectives, goals or strategies for such accounts/retirement plans; and that unless otherwise stated, in your Account and/or transfer the information contained in the accompanying Account Application only applies funds to the retirement plan associated balance of any active account you may own with this particular account a DriveLoyalty Affiliate.
(m) You agree to promptly return to DriveLoyalty any assets erroneously distributed to you. If you sell a security prior to its ex-dividend/distribution date, and you receive the applicable Qualified Custodianrelated cash/stock dividend or distribution in error, Product Sponsor, and/or Third-Party Money Manager. You are responsible for reading any and all information provided you irrevocably direct DriveLoyalty on your behalf to you by MOIS, your Representative and pay such dividend/distribution to the extent applicable entitled purchaser of the Qualified Custodian(s), Product Sponsorssecurities, and Third-Party Money Manager with regard guarantee to your retirement plan (including but not limited to this Agreement, accompanying disclosure documents, plan documents, and prospectuses). • You will not lend or borrow money or securities to or from your Representative. You will not enter into any other personal business relationship with your Representative (including any type of investment or business activity involving your Representative or anyone associated with your Representative). You will immediately notify in writing the Compliance Department of MOIS in the event that you borrow or lend money or securities from your Representative or any other person associated with MOIS. Except for financial planning services as described below, you will not write checks, prepare wire or ACH instructionspromptly reimburse DriveLoyalty for, or authorize money orders deliver to DriveLoyalty, said dividend or other methods of payment by making them payable to MOIS, your Representative or any person or entity associated with MOIS or your Representative. Except for financial planning services by MOIS through your Representative, all checks or other forms of payment should be made payable to the Qualified Custodian or a particular Product Sponsor. For financial planning services provided by MOIS through your Representative in connection with a separate advisory agreement, you may write a check made payable to MOIS; however, under no circumstances may you make a check payable to your Representative or any entity owned or controlled by your Representative. • You understand that investing in securities involves risk and that many variables exist that may have a substantial negative effect on the value of the Plan. distribution.
(n) You agree that all Securities and Other Assets which you deposit into the Account will not rely upon any informationbe in Good Deliverable Form. “Good Deliverable Form” means that the Securities and Other Assets are freely transferable, statementproperly endorsed, forecast, guarantee, comparison, prediction or projection (whether made orally or in writing) that is not contained in, or is inconsistent with, any publicly available information contained in a prospectus, disclosure document or other filing made by, or contained in information supplied by the Qualified Custodian or a Product Sponsor. • MOIS registered and your Representative can rely upon any written or oral instructions provided by you with regard to activities in your account(s) (i.e., unsolicited and solicited trade instructions, transfers, and check requests) and that you are responsible for paying any fee, charge, commission or other expenses incurred by MOIS as a result of those instructionsfully negotiable. You agree to indemnify MOIS from, give DriveLoyalty timely and hold MOIS harmless for accurate information relating to any losses resulting from your actions restrictions on the sale or failure to acttransfer of any Securities and Other Assets, including losses resulting from actions taken by third parties acting restrictions on your behalf. • If you have checked the box “no” under “Industry sale or transfer of any Securities and Other Affiliations” in the accompanying ApplicationAssets that are subject to restrictions on resale under Applicable Law, you represent and warrant that you are not (i) associated with any of the persons or entities identified in the box for “yes” under “Industry and Other Affiliation”; (ii) no person other than as disclosed in the Account Application has an interest in your account(s); and (iii) you will immediately notify MOIS in writing if there is any change in your response to these questions. • You agree to review and monitor all activities in your accounts and that all activity will be deemed accurate and in accordance with your instructions unless you notify MOIS in writing within ten (10) days following notification of the activity. You may contact MOIS regarding any activities in your account(s) as well as to submit a question or complaint in writing at: Mutual of Omaha Investor Services, Inc. 0000 Xxxxxx xx Xxxxx Xxxxx Xxxxx XX 00000 Or call us at: 000-000-0000 Or email us at: xxxx.xxxxxxxxxx@xxxxxxxxxxxxx.xxx The Financial Industry Regulatory Authority (FINRA) requires that MOIS provide the following information concerning FINRA’s public disclosure program. You may contact FINRA directly at FINRA BrokerCheck Hotline: 0-000-000-0000 or at their website address: xxx.xxxxx.xxx. • You agree and authorize MOIS to monitor and/or record any telephone conversations with you or any person acting on your behalf. • You agree to resolve any disputes concerning your relationship with MOIS and any person associated with MOIS (including any Representative or any business entity they conduct business through), employees, officers, directors of MOIS or any company affiliated with MOIS in accordance with the Arbitration Agreement contained in this Agreement. • You understand that you are responsible for maintaining appropriate safeguards regarding your non- public personal information stored by you in electronic or physical format. You understand that the failure to do could result in an unauthorized person gaining access to your accounts or information maintained by you, the Qualified Custodian or a Product Sponsor. • You agree and acknowledge that neither MOIS nor its Representative can offer tax, legal or accounting advice and that you are responsible for consulting with tax, legal or accounting professionals as necessary. • Communications may be sent to you at your current address which is on file with MOIS, or at such other address as you may hereafter give MOIS in writing. All communications sent, whether by mail, telegraph, messenger, contract or otherwise, shall be deemed given including without limitation, Securities and Other Assets subject to you personally, whether actually received Rules 144 or not. • You agree and acknowledge that you have received and reviewed 145(d) under the Retirement Plan Fee Disclosure relating to your plan in accordance with ERISA section 408(b)(2Securities Act of 1933 (“Restricted Securities”).
Appears in 1 contract
Samples: Customer Account Agreement
Your Representations. You represent and agree that: • You have read this Agreement and understand that MOIS, your Representative and to the extent applicable, the Qualified Custodian(s), ) and/or Product Sponsor(s), and/or Third-Party Money Manager(s) will rely upon the most current information provided by you in connection with providing Services for your Account. You recognize the value and usefulness of the services of MOIS will depend upon the accuracy and completeness of the information that you provide to MOIS, upon your active participation in the formulation of the objectives, and in the implementation of the advice to attain those objectives. You will provide MOIS all requested information and required documents that MOIS may reasonably request in order to permit a complete evaluation and preparation of the recommendations for you. You agree that you are obligated to notify MOIS of any changes to information previously supplied by you which is no longer accurate. MOIS will not be responsible for the verification of the information and documentation provided by you. You understand that you may maintain (individually or jointly) multiple accounts with different Qualified Custodian(s), ) and/or Product Sponsor(s), and/or Third-Party Money Manager(s); that you may have different investment objectives, goals goals, strategies or strategies risk tolerance for such accounts/retirement plansinvestments; and that unless otherwise stated, the information contained in the accompanying Account Application only applies to the retirement plan investments associated with this particular account and the applicable Qualified Custodian, Custodian and/or Product Sponsor, and/or Third-Party Money Manager. You are responsible for reading any and all information provided to you by MOIS, your Representative and to the extent applicable the Qualified Custodian(s), ) and Product Sponsors, and Third-Party Money Manager Sponsor(s) with regard to your retirement plan investments (including but not limited to this Agreement, accompanying disclosure documents, plan documentsprospectuses, confirmations, and prospectuses)statements) including information regarding risk, fees and expenses associated with such investment. You are responsible for reporting any discrepancies or unauthorized transactions to MOIS no later than ten (10) days from receipt of such information. You understand that your failure to do so will be deemed an acknowledgement that you have ratified and authorized any transaction or activity in your account. • You Except if you are an immediate family member of your Representative, you will not lend or borrow money or securities to or from your Representative. You will not Representative or otherwise enter into any other personal business relationship with your Representative (including any type of investment or business activity involving your Representative, an associate of your Representative or anyone any other person associated with your RepresentativeMOIS). You will immediately notify in writing the Compliance Department of MOIS in the event that you borrow or lend money or securities from your Representative or any other person associated with MOIS. Except for financial planning services as described below, you • You will not write checks, prepare wire or ACH instructions, or authorize money orders or other methods of payment by making them payable to MOIS, your Representative, an associate of your Representative or any other person or entity associated with MOIS or your RepresentativeMOIS. Except for financial planning services by MOIS through your Representative, all All checks or other forms of payment should be made payable to the Qualified Custodian or a particular Product Sponsor. For financial planning services provided by MOIS through your Representative in connection with a separate advisory agreement, you may write a check made payable to MOIS; however, under no circumstances may you make a check payable to your Representative or any entity owned or controlled by your Representative. • You will not allow your Representative, an associate of our Representative or any other person associated with MOIS to serve as trustee, guardian, fiduciary, or co-owner of your account(s) unless that person is a member of your immediate family (i.e., spouse, parent, child or other person living in your household). To the extent that your Representative is an immediate family member and serving as a trustee, you acknowledge that this role is in your Representative’s personal capacity and outside of the services of MOIS. MOIS reserves the right to further restrict or prohibit your Representative from engaging in trust activities for immediate family members. • You understand that investing in securities involves risk and that many variables exist that may have a substantial negative effect on the value of the Planyour investments. You agree that you will not rely upon any information, statement, forecast, guarantee, comparison, prediction or projection (whether made orally or in writing) that is not contained in, or is inconsistent with, any publicly publically available information contained in a prospectus, disclosure document document, confirmation, statement or other filing made by, or contained in information supplied by the Qualified Custodian or a Product Sponsor. • MOIS and your Representative can rely upon any written or oral instructions provided by you with regard to activities in your account(s) (i.e., unsolicited and solicited trade instructions, transfers, and check requests) and that you are responsible for paying any fee, charge, commission or other expenses incurred by MOIS as a result of those instructions. You agree to indemnify MOIS from, and hold MOIS harmless for any losses resulting from your actions or failure to act, including losses resulting from actions taken by third parties acting on your behalf. • If you have checked the box “no” under “Industry and Other Affiliations” in the accompanying Application, you represent and warrant that you are not (i) associated with any of the persons or entities identified in the box for “yes” under “Industry and Other Affiliation”; (ii) no person other than as disclosed in the Account Application has an interest in your account(s); and (iii) you will immediately notify MOIS in writing if there is any change in your response to these questions. • You agree to review and monitor all activities in your accounts accounts, including activities reflected on transaction confirmations and monthly/quarterly statements received from the Qualified Custodian(s) or Product Sponsor(s), and that all activity transactions will be deemed accurate and in accordance with your instructions unless you notify MOIS in writing within ten (10) days following notification receipt thereof. You acknowledge and agree that your failure to notify MOIS of the activityany problems with your account(s) will be viewed by MOIS as authorization or ratification of such activities for which you are responsible. You may contact MOIS regarding any activities in your account(s) as well as to submit a question or complaint in writing at: Mutual of Omaha Investor Services, Inc. 0000 Xxxxxx xx Xxxxx Xxxxx Xxxxx XX 00000 Or call us at: 000-000-0000 Or email us at: xxxx.xxxxxxxxxx@xxxxxxxxxxxxx.xxx The Financial Industry Regulatory Authority (FINRA) requires that MOIS provide the following information concerning FINRA’s public disclosure program. You may contact FINRA directly at FINRA BrokerCheck Hotline: 0-000-000-0000 or at their website address: xxx.xxxxx.xxx. • You agree and authorize MOIS to monitor and/or record any telephone conversations with you or any person acting on your behalf. • You agree to resolve any disputes concerning your relationship with MOIS and any person associated with MOIS (including any Representative or any business entity they conduct business through), employees, officers, directors of MOIS or any company affiliated with MOIS in accordance with the Arbitration Agreement contained in this Agreement. • You understand that you are responsible for maintaining appropriate safeguards regarding your non- non-public personal information stored by you in electronic or physical format. You understand that the failure to do could result in an unauthorized person gaining access to your accounts or information maintained by you, the Qualified Custodian or a Product Sponsor. • Although a Representative may also be licensed as an investment adviser representative of an investment adviser firm and hold industry designations such as the Certified Financial Planner (“CFP”), when the Representative is acting solely in his/her capacity as a registered representative, any recommendations will be made in accordance with FINRA suitability and SEC best interest standards and not in the capacity as an investment advisory fiduciary, CFP or other standard. • You agree and acknowledge that neither MOIS nor its Representative can offer tax, legal or accounting advice regarding any investment product or strategy and that you You are responsible for consulting with tax, legal or accounting professionals as necessary. • Communications may be sent to you at your current address which is on file with MOIS, or at such other address as you may hereafter give MOIS in writing. All communications so sent, whether by mail, telegraph, messenger, or otherwise, shall be deemed given to you personally, whether actually received or not. • You agree understand that your Representative is responsible for promptly transmitting any funds received from you in relation to account activity. After the MOIS Home Office receives the complete and acknowledge that you have correct new account application and transaction paperwork, MOIS may take up to seven days to review and transmit funds. MOIS will maintain a copy of funds received in the Home Office, including a record of when the funds were received from the customer and reviewed the Retirement Plan Fee Disclosure relating date the funds were transmitted to your plan in accordance with ERISA section 408(b)(2)the Product Sponsor. Once MOIS has approved or rejected the transaction, the funds will be promptly transmitted to the Qualified Custodian or Product Sponsor; or returned to the customer.
Appears in 1 contract
Samples: Customer Agreement
Your Representations. You represent and agree that: • You have read this Agreement and understand that MOIS, your Representative Advisor and to the extent applicable, the Qualified Custodian(s), Product Sponsor(s), and/or Third-Party Money Manager(s) and/or Platform Manager will rely upon the most current information provided by you in connection with providing Services for your Account. You recognize the value and usefulness of the services of MOIS will depend upon the accuracy and completeness of the information that you provide to MOIS, upon your active participation in the formulation of the objectives, and in the implementation of the advice to attain those objectives. You will provide MOIS all requested information and required documents that MOIS may reasonably request in order to permit a complete evaluation and preparation of the recommendations for you. You agree that you are obligated to notify MOIS of any changes to information previously supplied by you which is no longer accurate. MOIS will not be responsible for the verification of the information and documentation provided by you. You understand that you may maintain (individually or jointly) multiple accounts with different Qualified Custodian(s), Product Sponsor(s), and/or Third-Party Money Manager(s) and Platform Manager(s); that you may have different investment objectives, goals goals, strategies or strategies risk tolerance for such accounts/retirement plansinvestments; and that unless otherwise stated, the information contained in the accompanying Account Application only applies to the retirement plan investments associated with this particular account and the applicable Qualified Custodian, Product Sponsor, and/or Third-Party Money Manager or Platform Manager. You are responsible for reading any and all information provided to you by MOIS, your Representative Advisor and to the extent applicable the Qualified Custodian(s), Product Sponsors, and Third-Party Money Manager and Platform Manager with regard to your retirement plan investments (including but not limited to this Agreement, accompanying disclosure documents, plan documentsprospectuses, confirmations, and prospectuses)statements) including information regarding risk, fees and expenses associated with such investment. You are responsible for reporting any discrepancies or unauthorized transactions to MOIS no later than ten (10) days from receipt of such information. You understand that your failure to do so will be deemed an acknowledgement that you have ratified and authorized any transaction or activity in your account. • You Except if you are an immediate family member of your Advisor, you will not lend or borrow money or securities to or from your Representative. You will not Advisor or any other person associated with MOIS or otherwise enter into any other personal business relationship with your Representative Advisor (including any type of investment or business activity involving your Representative Advisor or anyone associated with your RepresentativeAdvisor). You will immediately notify in writing the Compliance Department of MOIS in the event that you borrow or lend money or securities from your Representative Advisor or any other person associated with MOIS. • Except for financial planning services as described below, you will not write checks, prepare wire or ACH instructions, or authorize money orders or other methods of payment by making them payable to MOIS, your Representative Advisor or any person or entity associated with MOIS or your RepresentativeAdvisor. Except for financial planning services by MOIS through your RepresentativeAdvisor, all checks or other forms of payment should be made payable to the Qualified Custodian Custodian, Third-Party Money Manager or a particular Product Sponsor. For financial planning services provided by MOIS through your Representative in connection with a separate advisory agreementAdvisor, you may write a check made payable to MOIS; however, under no circumstances may you make a check payable to your Representative Advisor or any entity owned or controlled by your RepresentativeAdvisor. • You will not allow your Advisor, or any person associated with MOIS, to serve as trustee, guardian, fiduciary, or co-ownerof your account(s) unless that person is a memberof your immediate family (i.e., spouse, parent, child or other person living in your household). To the extent that your Advisor is an immediate family member and serving as a trustee, you acknowledge that this role is in your Advisor's personal capacity and outside of the services of MOIS. MOIS reserves the right to further restrict or prohibit your Advisor from engaging in trust activities for immediate family members. • You understand that investing in securities involves risk and that many variables exist that may have a substantial negative effect on the value of the Planyour investments. You agree that you will not rely upon any information, statement, forecast, guarantee, comparison, prediction or projection (whether made orally or in writing) that is not contained in, or is inconsistent with, any publicly available information contained in a prospectus, disclosure document document, confirmation, statement or other filing made by, or contained in information supplied by the Qualified Custodian Custodian, Third- Party Money Manager, Platform Manager or a Product Sponsor. • MOIS and your Representative Advisor can rely upon any written or oral instructions provided by you with regard to activities in your account(s) (i.e., unsolicited and solicited trade instructions, transfers, and check requests) and that you are responsible for paying any fee, charge, commission charge or other expenses incurred by MOIS as a result of those instructions. You agree to indemnify MOIS from, and hold MOIS harmless for any losses resulting from your actions or failure to act, including losses resulting from actions taken by third parties acting on your behalf. • If you have checked the box “"no” " under “"Industry and Other Affiliations” " in the accompanying Application, you represent and warrant that you are not (i) associated with any of the persons or entities identified in the box for “"yes” " under “"Industry and Other Affiliation”"; (ii) no person other than as disclosed in the Account Application has an interest in your account(s); and (iii) you will immediately notify MOIS in writing if there is any change in your response to these questions. • You agree to review and monitor all activities in your accounts accounts, including activities reflected on transaction confirmations and monthly/quarterly statements received from the Qualified Custodian(s), Product Sponsor(s), Third Party Money Manager(s) and/or Platform Manager(s), and that all activity transactions will be deemed accurate and in accordance with your instructions unless you notify MOIS in writing within ten (10) days following notification receipt thereof. You acknowledge and agree that your failure to notify MOIS of the activityany problems with your account(s) will be viewed by MOIS as authorization or ratification of such activities for which you are responsible. You may contact MOIS regarding any activities in your account(s) as well as to submit a question or complaint in writing at: Mutual of Omaha Investor Services, Inc. 0000 Xxxxxx xx Xxxxx Xxxxx Xxxxx XX 00000 Omaha NE 68175 Or call us at: 000-000-0000 Or email us at: xxxx.xxxxxxxxxx@xxxxxxxxxxxxx.xxx The Financial Industry Regulatory Authority (FINRA) requires that MOIS provide the following information concerning FINRA’s 's public disclosure program. You may contact FINRA directly at FINRA BrokerCheck Hotline: 0-000-000-0000 or at their website address: xxx.xxxxx.xxx. • You agree and authorize MOIS to monitor and/or record any telephone conversations with you or any person acting on your behalf. • You agree to resolve any disputes concerning your relationship with MOIS and any person associated with MOIS (including any Representative Advisor or any business entity they conduct business through), employees, officers, directors of MOIS or any company affiliated with MOIS in accordance with the Arbitration Agreement contained in this Agreement. • You understand that you are responsible for maintaining appropriate safeguards regarding your non- non-public personal information stored by you in electronic or physical format. You understand that the failure to do could result in an unauthorized person gaining access to your accounts or information maintained by you, Platform Manager, Third Party Money Manager, the Qualified Custodian Custodian, or a Product SponsorMOIS. • You agree and acknowledge that neither MOIS nor its Representative your Advisor can offer tax, legal or accounting advice regarding any investment product or strategy and that you You are responsible for consulting with tax, legal or accounting professionals as necessary. • Communications may be sent to you at your current address which is on file with MOIS, or at such other address as you may hereafter give MOIS in writing. All communications so sent, whether by mail, telegraph, messenger, or otherwise, shall be deemed given to you personally, whether actually received or not. • You agree and acknowledge that you have received and reviewed the Retirement Plan Fee Disclosure relating to your plan in accordance with ERISA section 408(b)(2).
Appears in 1 contract
Your Representations. You represent and agree that: • You have read this Agreement and understand that MOIS, your Representative and to the extent applicable, the Qualified Custodian(s), Product Sponsor(s), and/or Third-Party Third‐Party Money Manager(s) will rely upon the most current information provided by you in connection with providing Services for your Account. You recognize the value and usefulness of the services of MOIS will depend upon the accuracy and completeness of the information that you provide to MOIS, upon your active participation in the formulation of the objectives, and in the implementation of the advice to attain those objectives. You will provide MOIS all requested information and required documents that MOIS may reasonably request in order to permit a complete evaluation and preparation of the recommendations for you. You agree that you are obligated to notify MOIS of any changes to information previously supplied by you which is no longer accurate. MOIS will not be responsible for the verification of the information and documentation provided by you. You understand that you may maintain (individually or jointly) multiple accounts with different Qualified Custodian(s), Product Sponsor(s), and/or Third-Party Third‐Party Money Manager(s); that you may have different objectives, goals or strategies for such accounts/retirement plans; and that unless otherwise stated, the information contained in the accompanying Account Application only applies to the retirement plan associated with this particular account and the applicable Qualified Custodian, Product Sponsor, and/or Third-Party Third‐Party Money Manager. You are responsible for reading any and all information provided to you by MOIS, your Representative and to the extent applicable the Qualified Custodian(s), Product Sponsors, and Third-Party Third‐Party Money Manager with regard to your retirement plan (including but not limited to this Agreement, accompanying disclosure documents, plan documents, and prospectuses). • You will not lend or borrow money or securities to or from your Representative. You will not enter into any other personal business relationship with your Representative (including any type of investment or business activity involving your Representative or anyone associated with your Representative). You will immediately notify in writing the Compliance Department of MOIS in the event that you borrow or lend money or securities from your Representative or any other person associated with MOIS. Except for financial planning services as described below, you will not write checks, prepare wire or ACH instructions, or authorize money orders or other methods of payment by making them payable to MOIS, your Representative or any person or entity associated with MOIS or your Representative. Except for financial planning services by MOIS through your Representative, all checks or other forms of payment should be made payable to the Qualified Custodian or a particular Product Sponsor. For financial planning services provided by MOIS through your Representative in connection with a separate advisory agreement, you may write a check made payable to MOIS; however, under no circumstances may you make a check payable to your Representative or any entity owned or controlled by your Representative. • You understand that investing in securities involves risk and that many variables exist that may have a substantial negative effect on the value of the Plan. You agree that you will not rely upon any information, statement, forecast, guarantee, comparison, prediction or projection (whether made orally or in writing) that is not contained in, or is inconsistent with, any publicly available information contained in a prospectus, disclosure document or other filing made by, or contained in information supplied by the Qualified Custodian or a Product Sponsor. • MOIS and your Representative can rely upon any written or oral instructions provided by you with regard to activities in your account(s) (i.e., unsolicited and solicited trade instructions, transfers, and check requests) and that you are responsible for paying any fee, charge, commission or other expenses incurred by MOIS as a result of those instructions. You agree to indemnify MOIS from, and hold MOIS harmless for for, any losses resulting from your actions or failure to act, including losses resulting from actions taken by third parties acting on your behalf. • If you have checked the box “no” under “Industry and Other Affiliations” in the accompanying Application, you represent and warrant that you are not (i) associated with any of the persons or entities identified in the box for “yes” under “Industry and Other Affiliation”; (ii) no person other than as disclosed in the Account Application has an interest in your account(s); and (iii) you will immediately notify MOIS in writing if there is any change in your response to these questions. • You agree to review and monitor all activities in your accounts and that all activity will be deemed accurate and in accordance with your instructions unless you notify MOIS in writing within ten (10) days following notification of the activity. You may contact MOIS regarding any activities in your account(s) as well as to submit a question or complaint in writing at: Mutual of Omaha Investor Services, Inc. 0000 Xxxxxx xx Xxxxx Xxxxx Xxxxx XX 00000 Omaha NE 68175 Or call us at: 000-000-0000 800‐228‐2499 Or email us at: xxxx.xxxxxxxxxx@xxxxxxxxxxxxx.xxx The Financial Industry Regulatory Authority (FINRA) requires that MOIS provide the following information concerning FINRA’s public disclosure program. You may contact FINRA directly at FINRA BrokerCheck Hotline: 0-000-000-0000 1‐800‐289‐9999 or at their website address: xxx.xxxxx.xxx. • You agree and authorize MOIS to monitor and/or record any telephone conversations with you or any person acting on your behalf. • You agree to resolve any disputes concerning your relationship with MOIS and any person associated with MOIS (including any Representative or any business entity they conduct business through), employees, officers, directors of MOIS or any company affiliated with MOIS in accordance with the Arbitration Agreement contained in this Agreement. • You understand that you are responsible for maintaining appropriate safeguards regarding your non- public non‐public personal information stored by you in electronic or physical format. You understand that the failure to do could result in an unauthorized person gaining access to your accounts or information maintained by you, the Qualified Custodian or a Product Sponsor. • You agree and acknowledge that neither MOIS nor its Representative can offer tax, legal or accounting advice and that you are responsible for consulting with tax, legal or accounting professionals as necessaryasnecessary. • Communications may be sent to you at your current address which is on file with MOIS, or at such other address as you may hereafter give MOIS in writing. All communications sent, whether by mail, telegraph, messenger, or otherwise, shall be deemed given to you personally, whether actually received or notornot. • You agree and acknowledge that you have received and reviewed the Retirement Plan Fee Disclosure relating to your plan in accordance with ERISA section 408(b)(2).
Appears in 1 contract
Samples: Customer Agreement
Your Representations. You represent and agree that: • You have read this Agreement and understand that MOIS, your Representative and to the extent applicable, the Qualified Custodian(s), Product Sponsor(s), and/or Third-Party Money Manager(s) will rely upon the most current information provided by you in connection with providing Services for your Account. You recognize the value and usefulness of the services of MOIS will depend upon the accuracy and completeness of the information that you provide to MOIS, upon your active participation in the formulation of the objectives, and in the implementation of the advice to attain those objectives. You will provide MOIS all requested information and required documents that MOIS may reasonably request in order to permit a complete evaluation and preparation of the recommendations for you. You agree that you are obligated to notify MOIS of any changes to information previously supplied by you which is no longer accurate. MOIS will not be responsible for the verification of the information and documentation provided by you. You understand that you may maintain (individually or jointly) multiple accounts with different Qualified Custodian(s), Product Sponsor(s), and/or Third-Party Money Manager(s); that you may have different objectives, goals or strategies for such accounts/retirement plans; and that unless otherwise stated, the information contained in the accompanying Account Application only applies to the retirement plan associated with this particular account and the applicable Qualified Custodian, Product Sponsor, and/or Third-Party Money Manager. You are responsible for reading any and all information provided to you by MOIS, your Representative and to the extent applicable the Qualified Custodian(s), Product Sponsors, and Third-Party Money Manager with regard to your retirement plan (including but not limited to this Agreement, accompanying disclosure documents, plan documents, and prospectuses). • You will not lend or borrow money or securities to or from your Representative. You will not enter into any other personal business relationship with your Representative (including any type of investment or business activity involving your Representative or anyone associated with your Representative). You will immediately notify in writing the Compliance Department of MOIS in the event that you borrow or lend money or securities from your Representative or any other person associated with MOIS. Except for financial planning services as described below, you will not write checks, prepare wire or ACH instructions, or authorize money orders or other methods of payment by making them payable to MOIS, your Representative or any person or entity associated with MOIS or your Representative. Except for financial planning services by MOIS through your Representative, all checks or other forms of payment should be made payable to the Qualified Custodian or a particular Product Sponsor. For financial planning services provided by MOIS through your Representative in connection with a separate advisory agreement, you may write a check made payable to MOIS; however, under no circumstances may you make a check payable to your Representative or any entity owned or controlled by your Representative. • You understand that investing in securities involves risk and that many variables exist that may have a substantial negative effect on the value of the Plan. You agree that you will not rely upon any information, statement, forecast, guarantee, comparison, prediction or projection (whether made orally or in writing) that is not contained in, or is inconsistent with, any publicly publically available information contained in a prospectus, disclosure document or other filing made by, or contained in information supplied by the Qualified Custodian or a Product Sponsor. • MOIS and your Representative can rely upon any written or oral instructions provided by you with regard to activities in your account(s) (i.e., unsolicited and solicited trade instructions, transfers, and check requests) and that you are responsible for paying any fee, charge, commission or other expenses incurred by MOIS as a result of those instructions. You agree to indemnify MOIS from, and hold MOIS harmless for any losses resulting from your actions or failure to act, including losses resulting from actions taken by third parties acting on your behalf. • If you have checked the box “no” under “Industry and Other Affiliations” in the accompanying Application, you represent and warrant that you are not (i) associated with any of the persons or entities identified in the box for “yes” under “Industry and Other Affiliation”; (ii) no person other than as disclosed in the Account Application has an interest in your account(s); and (iii) you will immediately notify MOIS in writing if there is any change in your response to these questions. • You agree to review and monitor all activities in your accounts and that all activity will be deemed accurate and in accordance with your instructions unless you notify MOIS in writing within ten (10) days following notification of the activity. You may contact MOIS regarding any activities in your account(s) as well as to submit a question or complaint in writing at: Mutual of Omaha Investor Services, Inc. 0000 Xxxxxx xx Xxxxx Xxxxx Xxxxx XX 00000 Or call us at: 000-000-0000 Or email us at: xxxx.xxxxxxxxxx@xxxxxxxxxxxxx.xxx The Financial Industry Regulatory Authority (FINRA) requires that MOIS provide the following information concerning FINRA’s public disclosure program. You may contact FINRA directly at FINRA BrokerCheck Hotline: 0-000-000-0000 or at their website address: xxx.xxxxx.xxx. • You agree and authorize MOIS to monitor and/or record any telephone conversations with you or any person acting on your behalf. • You agree to resolve any disputes concerning your relationship with MOIS and any person associated with MOIS (including any Representative or any business entity they conduct business through), employees, officers, directors of MOIS or any company affiliated with MOIS in accordance with the Arbitration Agreement contained in this Agreement. • You understand that you are responsible for maintaining appropriate safeguards regarding your non- public personal information stored by you in electronic or physical format. You understand that the failure to do could result in an unauthorized person gaining access to your accounts or information maintained by you, the Qualified Custodian or a Product Sponsor. • You agree and acknowledge that neither MOIS nor its Representative can offer tax, legal or accounting advice and that you are responsible for consulting with tax, legal or accounting professionals as necessary. • Communications may be sent to you at your current address which is on file with MOIS, or at such other address as you may hereafter give MOIS in writing. All communications sent, whether by mail, telegraph, messenger, or otherwise, shall be deemed given to you personally, whether actually received or not. • You agree and acknowledge that you have received and reviewed the Retirement Plan Fee Disclosure relating to your plan in accordance with ERISA section 408(b)(2).
Appears in 1 contract
Samples: Customer Agreement