Contract
Registered Representative's Agreement
This Registered Representative's Agreement (Agreement) is between Thrivent
Investment Management Inc. (the Company), 000 Xxxx Xxxxxxx
Xxxxxx, Xxxxxxxx, XX 00000-0000, and _________________
(Representative), Social Security Number _______________
, jointly referred to as the "parties."
Recitals
- The Company is a
broker-dealer, registered with the United States Securities and Exchange
Commission (SEC), is a member of the National Association of Securities Dealers,
Inc. (NASD) and is licensed to do business as a broker-dealer in all states.
- The Company is a
distributor for The AAL Mutual Funds, LB Family of Funds, the AAL Variable
Annuity, the AAL Variable Universal Life, former LB Variable Annuity, LB
Variable Universal Life and LB Variable Insurance Products Company Variable
Products, and may, in the future, offer additional products. Hereinafter, all
approved products are referred to as “securities.”
- All securities
distributed by the Company are registered, as required, with the SEC and any
states in which the securities are authorized for sale.
- Representative is
contracted with Thrivent Financial for Lutherans, Appleton, Wisconsin, pursuant
to an agreement and is licensed to sell Thrivent Financial for Lutherans
insurance and annuity products.
- Representative wishes to
be licensed as an associated person with the Company to offer and sell the
securities which may be offered through the Company and the Company wishes to
have Representative offer and sell such securities pursuant to the terms of this
Agreement.
- Representative has passed the NASD Series 6 or 7 examination and the Series
63 if required. The Representative will also be properly licensed with all
states in which the Representative will offer the securities. Agreement
- Licensing
- Representative agrees to
cooperate with the Company and all regulators to maintain securities licenses
with the NASD and all states in which the Representative will offer or sell
securities. Representative agrees to offer or sell securities only when the
Representative is properly licensed with the NASD, licensed with the state in
which the offer or sale is made and only if the securities are registered for
sale in that state. Representative agrees not to offer or sell securities in any
state(s) unless the Representative: (1) has an effective Registered
Representative’s Agreement with the Company and (2) has been notified in
writing by the Company of the effectiveness of the Representative’s
securities license(s) in the state(s) in which offers and sales will be made.
- Representative agrees not to be licensed with any other broker-dealer while
the Representative is licensed with the Company.
- Representative agrees to
pay all costs of licensing and registration with the NASD and any states or
other regulatory authorities. Costs include: initial licensing fees,
administration fees, examination fees, study courses, study materials,
continuing education, subsequent renewals, termination fees and any state or
local taxes. Representative consents to the payment of renewal fees through
deductions from commissions payable by the Company or through the Thrivent
Financial for Lutherans payroll deduction system.
- Representative will
notify the Company within 30 days of any changes or amendments to the
information contained in the Representative’s NASD Form U-4 by filing an
amended Form U-4. The Representative will use this amended U-4 procedure to give
notice to the Company of change of home or branch office address, and/or
compensation or employment from outside business activities, and/or criminal
convictions or charges, and certain financial proceedings, such as bankruptcies
and unsatisfied judgments or liens.
- Representative will
comply with NASD or state branch office requirements, including the payment of
necessary fees, when applicable.
- Representative agrees to comply with all continuing education requirements.
- Representative
authorizes, to the extent permitted by law, the Company and/or Thrivent
Financial for Lutherans to at anytime investigate the Representative’s
financial and credit record through any consumer reporting agency or bureau of
the Company’s choice, and further to make an investigation of the
Representative’s personal history including character, general reputation
and record of law enforcement activity, if any.
- Representative agrees to
cooperate with the Company and all regulators to maintain securities licenses
with the NASD and all states in which the Representative will offer or sell
securities. Representative agrees to offer or sell securities only when the
Representative is properly licensed with the NASD, licensed with the state in
which the offer or sale is made and only if the securities are registered for
sale in that state. Representative agrees not to offer or sell securities in any
state(s) unless the Representative: (1) has an effective Registered
Representative’s Agreement with the Company and (2) has been notified in
writing by the Company of the effectiveness of the Representative’s
securities license(s) in the state(s) in which offers and sales will be made.
- Sales Region
Representative will conduct securities sales activities in accordance with such policies established by the Company and Thrivent Financial for Lutherans as it pertains to the sales region or district in which the Representative conducts Thrivent Financial for Lutherans insurance sales activities.
- Sales Activities
- Representative agrees to
sell only securities products authorized for sale by the Company under this
Agreement and will not offer or sell other securities or other products that may
be construed as securities.
- Representative agrees to
make only representations concerning the securities with the then current
prospectus and sales literature approved for use by the Company. Representative
agrees to offer or sell the securities only in compliance with applicable
federal and state securities and insurance laws. The Representative will furnish
each person to whom any such sale or offer is made a copy of the then current
prospectus, as it may be amended or supplemented. Representative agrees not to
furnish to any person any information related to the securities offered through
the Company which is inconsistent in any respect with the information contained
in a current prospectus. The Representative will not use any sales literature or
cause any advertisement to be published in any newspaper, posted in any public
place or distributed in any way without the prior consent of the Company.
- All securities sales are
subject to acceptance in writing by a designated principal of the Company. The
Company reserves the right to reject any amounts, applications, orders or
payments remitted by Representative and refund to any customers any payments
made by them.
- Representative agrees to
sell only securities products authorized for sale by the Company under this
Agreement and will not offer or sell other securities or other products that may
be construed as securities.
- Rules and Procedures
- Representative shall
perform all securities activities through the Company and in the name of the
Company. Representative shall act in accordance with the rules and regulations
of the SEC, the NASD, applicable state securities and insurance laws and any
rules, regulations and procedures established by the Company pursuant to those
requirements. Representative is required to be familiar with and understand the
securities laws and regulations of the state(s) in which the Representative
offers or sells securities. This responsibility is in addition to any
requirement to pass any NASD or state securities examination.
- Representative must be
familiar with and follow all of the procedures of the Company, which have been
developed to comply with the SEC, NASD and applicable state securities laws.
Specifically, but not limited to the following, Representative agrees to:
- Transmit to the Company, or its designated fiduciary, within 24 hours of receipt, all monies, orders, applications and instructions received from all sales and all customers.
- Never under any circumstances accept cash or securities from a customer. The Representative will never commingle any checks or funds received from customers with any other monies and will not deposit customer funds in personal, business or trust bank accounts of the Representative.
- Advise the Company of any securities trading account over which the Representative has discretionary trading authority or in which the Representative has a financial interest. Representative will notify the Company’s Compliance Department of any existing securities accounts at the time of the execution of this Agreement, and at the time of the opening of any new account thereafter. Representative will provide the account number, name and address of the broker and information as to the type of account. Representative shall request the broker to notify the Company directly as to any such accounts and to provide the Company with duplicate confirmations of all trades upon the Company’s request.
- Keep all necessary records, for the necessary period of time, as may be required by the Company, the NASD or other regulatory body. All such records are considered to be the property of the Company and shall be surrendered to the Company upon termination of this Agreement. Failure to maintain or deliver records is a violation which may result in disciplinary action.
- Adhere to all regulatory requirements with respect to the use of stationery, business cards, telephone numbers, business addresses, advertising and sales literature and correspondence to shareholders.
- Read, understand and comply with the specific Compliance rules and procedures set forth in the Registered Representative Desktop Answer Book and any other procedural manuals maintained by the Company.
- Maintain the following files and records on a current basis:
- A Registered Representative File containing this Agreement, an NASD Form U-4, NASD Status Reports confirming licensing status, correspondence between the Company and the Representative and any other documents relating to Representative status as an associated person of the Company.
- A Complaint File containing any written or oral complaints received from clients in connection with the solicitation of a purchase or sale of authorized securities products of the Company. Representative understands any written or oral complaints must be immediately forwarded to the Compliance Department of the Company and to the direct supervisor.
- A Daily Blotter File containing a chronological list of all securities transactions.
- A separate Customer File for each customer, Mutual Fund, Variable Annuity, and Variable Universal Life containing, as a minimum, copies of the new account information form, application, confirmations or customer’s statements and other matters relating to the customer to assist Representative in determining suitability of customer transactions. Some documents may be stored to computer disk pursuant to company policy.
- A Correspondence File with copies of all correspondence and the name and address and date of each person receiving such correspondence. Representative understands that only correspondence which has been approved by a principal of the Company may be used.
- An Advertising and Sales Literature File containing copies of any of the Company’s pre-approved sales literature or advertising material used by the Representative and the name and address and date of each person to whom such material is sent. Representative understands not to use any sales literature, advertising materials or correspondence except sales literature, advertising and correspondence pre-approved and furnished by the Company.
- A Commission Statement File containing chronological statements of commissions paid to the Representative by the Company and must include the most recent 12b-1 quarterly commission statement showing all customers assigned to the Representative.
- A Compliance
Procedures and Memos File containing written compliance memoranda and related
procedures.
- Representative shall
perform all securities activities through the Company and in the name of the
Company. Representative shall act in accordance with the rules and regulations
of the SEC, the NASD, applicable state securities and insurance laws and any
rules, regulations and procedures established by the Company pursuant to those
requirements. Representative is required to be familiar with and understand the
securities laws and regulations of the state(s) in which the Representative
offers or sells securities. This responsibility is in addition to any
requirement to pass any NASD or state securities examination.
- Commissions
- The Company will
compensate Representative in accordance with the current Company Schedule of
Commissions which is in effect at the time of this Agreement, or as thereafter
amended. The Company may, at its option, and with prior notice, change the
Schedule of Commissions as it applies to the business sold by Representative
after such change. Representative waives any right to receive commissions until
such time as the company receives the commission from the securities
transaction. Commissions and other fees shall be paid at the times set forth in
the Schedule of Commissions.
- In the event of the
termination of Representative’s association with the Company, commissions
will be paid for business received in good form through the date of termination.
- The Company shall have
the right to deduct any monies owed to the Company from the Representative. Such
amounts will be deducted from the Representative’s commissions or other
fees until such amounts due to the Company are fully paid.
- In the event of a loss
to a shareholder which is due to an error or delay attributable to
Representative, such loss will be borne by Representative and may be collected
directly from the Representative, or be offset against future commissions or
other fees. If Representative has no commissions or other fees, the
Representative will reimburse the Company directly and within 30 days of a
request for payment.
- If Representative
violates this Agreement, the Company may retain, to the extent it deems
necessary, any commissions or fees Representative otherwise would be entitled to
receive.
- If Representative fails
to surrender the records referred to in Section 4.b.iv. immediately following
request by the Company or its authorized representative, the Representative
shall not receive any commissions or other fees and other payments which are, or
may be, due to the Representative until such records have been delivered.
- The Company is
authorized to make decisions relative to commissions or other fees or any other
credits and debits to Representative’s account as it believes consistent
with the terms of this contract provided that a Representative aggrieved by such
a decision can submit any dispute to arbitration.
- Representative consents
to the payment of continuing education fees, marketing materials ordered by
Representative, and any other expenses through deduction from commissions or
other fees.
- The Company will
compensate Representative in accordance with the current Company Schedule of
Commissions which is in effect at the time of this Agreement, or as thereafter
amended. The Company may, at its option, and with prior notice, change the
Schedule of Commissions as it applies to the business sold by Representative
after such change. Representative waives any right to receive commissions until
such time as the company receives the commission from the securities
transaction. Commissions and other fees shall be paid at the times set forth in
the Schedule of Commissions.
- Independent Contractor
Representative represents to be an independent contractor with respect to the relationship with the Company, and this Agreement shall not be construed to create the relationship of employee and employer between Representative and the Company. Representative shall pay the expenses in connection with all securities sales activities. The Company shall not be liable for any financial obligations incurred by Representative in the conduct of securities sales activities. The Representative’s contract and relationship with the Company are unique and separate from any agreement the Company may have with any other person. The Representative’s rights and obligations with respect to the Company are entirely dependent upon this Agreement and this Agreement supersedes any and all prior Agreements between the parties.
- Indemnification
Representative shall indemnify and hold the Company harmless from any and all expenses, costs, causes of action or damages resulting from any violation of the terms of this Agreement including any unauthorized acts or securities transactions by Representative.
- No Assignment
This Agreement is personal to Representative, and neither this Agreement nor any of the benefits to accrue hereunder shall be assigned or transferred in any manner, in whole or in part, without the written consent of the Company.
- Amendments
No verbal statement made by any party, or any Representative of a party, shall affect or change this Agreement in any respect. Any modification or amendment to this Agreement, except as to changes in commissions in accordance with Section 5.a., must be made in writing and signed by the parties before it shall become effective. Any change in commissions will be determined by the Company, as set forth in Section 5.a. of this Agreement, with prior notice of such changes given to the Representative.
- Notices
All notices, requests, consents and other communications hereunder shall be in writing and shall be deemed duly given if delivered personally or sent by first-class mail (notice sent by mail shall be deemed to be given on the date mailed) to the business address of the Company. All notices to the Representative shall be considered made if personally delivered, or if sent to the last designated home address of the Representative shown on the Company’s records by first-class mail or through the Thrivent Financial for Lutherans internal distribution system. Representative is responsible for maintaining records regarding the current home address and branch office address (where applicable) by written notification to the Company.
- Wisconsin Law
This Agreement shall be interpreted under and in accordance with laws of the State of Wisconsin.
- Arbitration
Any dispute between Representative and the Company must be arbitrated and will be subject to the provisions of the NASD Code of Arbitration Procedure.
- Termination of Agreement
This Agreement shall be continuous, but may be terminated by either party, with or without cause, by giving written notice to the other party. Representative will be furnished a copy of NASD Form U-5 (Uniform Termination Notice) after termination, which should be retained by Representative and must be provided to any broker-dealer with whom the Representative subsequently becomes affiliated.
- Effective Date
The effective date of this Agreement shall be the date on which it is signed by an authorized agent of the Company.
- Severability
If any term, provision, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the rest of this Agreement will remain in full force and effect and shall in no way be affected, impaired or invalidated.
Executed on the dates hereinafter set forth.
Registered Representative
Signature
Date
Print Name
Thrivent Investment Management Inc.
By
Signature
Date
50059 6/02