Common use of Joint Accounts Clause in Contracts

Joint Accounts. In General, if this is a Joint Account, each signer (“Joint Owner”) of this Agreement agrees that all Joint Owners are jointly and severally liable for all obligations arising under the Agreement. Each Joint Owner agrees that each other Joint Owner shall have the authority to give instructions to us regarding the Joint Account, to communicate and receive information from us concerning the Joint Account, to receive on behalf of the Joint Account securities and/or other property and to dispose of same, to make on behalf of the Joint Account agreements relating to any of the foregoing matters and to terminate or modify or waive any of the provisions of such agreements and generally to deal with us on behalf of the Joint Account, all without providing notice to the other Joint Owners. Each Joint Owner agrees that we are authorized to follow the instructions of any other Joint Owner in every respect concerning the Joint Account and to make deliveries to any Joint Owner, or upon instructions by any Joint Owner, of any securities and/or other property in the Joint Account, and to make payments to any Joint Owner, or upon orders of any Joint Owner, of any or all monies at any time or from time to time as such Joint Owner may order and direct, even if such deliveries and/or payments shall be made to such Joint Owner personally, and not for the Joint Account. Each Joint Owner agrees to hold us and our employees and agents harmless from and indemnify the same against any losses, causes of action, damages, and expenses (including attorneys’ fees) arising from or as the result of us, our employees, or agents following the instructions of any Joint Owner. Each Joint Owner further agrees that we shall not be under any duty or obligation to inquire into the purpose or propriety of any such demand for delivery of securities or payment of monies.

Appears in 11 contracts

Sources: Customer Agreement, Customer Agreement, Customer Agreement

Joint Accounts. In Generalgeneral, if this is a Joint Account, each signer ("Joint Owner") of this Agreement agrees that all Joint Owners are jointly and severally liable for all obligations arising under the Agreement. Each Joint Owner agrees that each other Joint Owner shall have the authority to give instructions to us regarding the Joint Account, to communicate and receive information from us concerning the Joint Account, to receive on behalf of the Joint Account securities and/or other property and to dispose of same, to make on behalf of the Joint Account agreements relating to any of the foregoing matters matters, and to terminate or modify or waive any of the provisions of such agreements and generally to deal with us on behalf of the Joint Account, all without providing notice to the other Joint Owners. Each Joint Owner agrees that we are authorized to follow the instructions of any other Joint Owner in every respect concerning the Joint Account and to make deliveries to any Joint Owner, or upon instructions by any Joint Owner, of any securities and/or other property in the Joint Account, and to make payments to any Joint Owner, or upon orders of any Joint Owner, of any or all monies at any time or from time to time as such Joint Owner may order and direct, even if such deliveries and/or payments shall be made to such Joint Owner personally, and not for the Joint Account. Each Joint Owner agrees to hold us and our employees and agents harmless from and indemnify the same against any losses, causes cause of action, damages, and expenses (including attorneys' fees) arising from or as the result of us, our employees, or agents following the instructions of any Joint Owner. Each Joint Owner further agrees that we shall not be under any duty or obligation to inquire into the purpose or propriety of any such demand for delivery of securities or payment of monies.. At any time, we may, at our sole discretion, require joint or collective action by both Joint Owners with respect to any matter concerning the Joint Account, including but not limited to the giving or cancellation of orders and the withdrawal of money or other property. Notwithstanding any of the foregoing, we are authorized at our sole discretion and without liability because of fluctuating market conditions or otherwise, to do any one or more of the following: (i) select which instructions to follow and which to disregard;

Appears in 8 contracts

Sources: Brokerage Account Agreement, Basic Brokerage Account Agreement, Brokerage Account Agreement

Joint Accounts. In GeneralWhen you open a joint account, if this it shall be held by you in joint tenancy with rights of survivorship, unless you notify us otherwise and provide the required documentation. For tenants in common, the interest in the tenancy shall be equal, unless we notify you otherwise. If the Account is a Joint Accountjoint account, each signer (“Joint Owner”) of this Agreement agrees that all Joint Owners are the undersigned persons jointly and severally agree to be fully and completely responsible and liable for all obligations arising under the Agreementaccount and to pay on demand any balance due. Each Joint Owner agrees that each other Joint Owner shall have the authority of you, or any person authorized to give instructions to us regarding the Joint Account, to communicate and receive information from us concerning the Joint Account, to receive act on behalf of the Joint Account securities and/or other property under a separate agreement, has full power and to dispose of same, authority to make on behalf purchases and sales, withdraw funds and securities from, or to do anything else with reference to the Account. You are authorized and directed to act upon instructions received from any one of us. I understand that tax reporting information is processed using the social security number of the Joint Account agreements relating to any of the foregoing matters and to terminate or modify or waive any of the provisions of such agreements and generally to deal with us on behalf of the Joint Account, all without providing notice to the other Joint Owners. Each Joint Owner agrees that we are authorized to follow the instructions of any other Joint Owner in every respect concerning the Joint Account and to make deliveries to any Joint Owner, or upon instructions by any Joint Owner, of any securities and/or other property person first named in the Joint Account, and to make payments to any Joint Owner, or upon orders of any Joint Owner, of any or all monies registration. We in our sole discretion may at any time suspend all activity in the Account pending instructions from a court of competent jurisdiction or from time require that instructions pertaining to time as such Joint Owner may order and directthe Account be in writing, even if such deliveries and/or payments shall be made to such Joint Owner personally, and not for the Joint Accountsigned by all of you. Each Joint Owner of you agrees to hold harmless us and our employees and agents harmless from and indemnify the same them against any losses, causes of action, damages, damages and expenses (including attorneys’ attorney's fees) arising from or as the result of us, our employees, employees or agents following the instructions of any Joint Ownerof you. Each Joint Owner further agrees that In the event of a dispute between or among you, we shall reserve the right, but are not be under obligated, to place restrictions on the Account. We may, at the expense of the account holders, commence or defend any duty action or obligation proceeding for or in the nature of interpleader to inquire have the dispute resolved judicially. If a suit or proceeding for or in the nature of interpleader is brought by or against us, we may deliver the Account into the purpose registry of the court, at which time we will be deemed to be and will be released and discharged from all further obligations and responsibilities under this Agreement. We may recover from the Account or propriety from any or all of you such costs as we may incur, including reasonable attorney's fees, as the result of any such demand for delivery of securities dispute between or payment of moniesamong you relating to or arising from the Account.

Appears in 7 contracts

Sources: Customer Agreement, Customer Agreement, Customer Agreement

Joint Accounts. In GeneralIf I have a joint account with one or more other persons: a. The account(s) shall be issued and held jointly as joint tenants with right of survivorship unless otherwise designated. Where there is a separate agreement in connection with a specific deposit, the survivorship designation in that agreement shall apply; b. If the account has a right of survivorship that means that if one of us dies, all money in the account automatically becomes the property of the survivor(s). After my death, the Credit Union will only have obligations with respect to the account to the survivor(s), and anyone else making a claim against the account must deal with the survivors(s). Upon the death of the primary account holder, the Credit Union, in its sole discretion, may require the account(s) to be closed and re-opened in the survivor’s name. Despite the above, if this one of us dies, the Credit Union, in its sole discretion, may refuse to release funds in our accounts until it receives joint direction from the survivor(s) and the legal representatives of the deceased. If the account is a Joint Accountowned jointly without survivorship, each signer (“Joint Owner”upon the death of one of us, the account shall be paid upon joint direction from the remainder of us and the legal representatives of the estate of the deceased. The Credit Union is authorized to release any information related to my joint account(s) or other joint dealings with the Credit Union to the legal representative of this Agreement agrees the deceased joint owner up to the date of death. I indemnify and hold the Credit Union harmless from any responsibility, claim or loss whatsoever arising from or relating to the payment of funds from my joint account; c. Unless otherwise designated, the survivor is entitled to any and all insurance on the account; d. You will credit the joint account with deposits made or endorsed by any one or more of us, or deposits that all Joint Owners you receive from any one or more of us, whether such deposits are payable to one or more of us; e. I am jointly and severally liable for all obligations arising under charges and overdrafts imposed or payable with respect to my accounts; f. Unless otherwise designated on any other signing authority document any of us may give instruction on the Agreementaccount including instruction to close the joint account, withdraw or write cheques or other debt items, stop payment or process other authorized debit transactions, whether electronic, voice response, written or otherwise, on any account. Each Joint Owner agrees Such withdrawal or payment is valid and shall release and discharge the Credit Union from any liability. I understand that each such other Joint Owner shall have signing authority document needs to be signed by all joint account holders. Where more than one to sign is specified in any signing authority document, this is for my purposes only and I understand and acknowledge the authority Credit Union does not monitor for multiple signatures and may honour, rely and act upon only one authorized signature. Notwithstanding the signing authorities for the account, the Credit Union may require all joint account holders to give confirm instructions to us regarding the Joint Account, account or the funds in the account; g. I acknowledge each of us will have access to communicate and receive information from us concerning the Joint Account, to receive on behalf all of the Joint Account securities and/or other property account history and transaction details for this account and I agree to dispose this access being provided by the Credit Union; h. If I am declared mentally incompetent or incapable of samemanaging my affairs, I consent to make on behalf my legally appointed representative having the same right of the Joint Account agreements relating to any of the foregoing matters and to terminate or modify or waive any of the provisions of such agreements and generally to deal with us on behalf of the Joint Account, all without providing notice access to the other Joint Ownersjoint account as I did. Each Joint Owner agrees I agree you may rely on a legally appointed representative who is acting for any one of us; i. I also understand and agree that we are authorized to follow the instructions of any other Joint Owner in every respect concerning the Joint Account and to make deliveries to any Joint Owner, or upon instructions by any Joint Owner, of any securities and/or other property in the Joint Account, and to make payments to any Joint Owner, or upon orders of any Joint Owner, of any or all monies at any time or from time to time as such Joint Owner may order and direct, even if such deliveries and/or payments shall be made to such Joint Owner personally, and not for the Joint Account. Each Joint Owner agrees purposes of ascertaining and recording identity on and providing specimen signatures that my personal information may be recorded with and disclosed to hold us and our employees and agents harmless from and indemnify the same against any losses, causes of action, damages, and expenses (including attorneys’ fees) arising from or as the result of us, our employees, or agents following the instructions of any Joint Owner. Each Joint Owner further agrees that we shall not be under any duty or obligation to inquire into the purpose or propriety of any such demand for delivery of securities or payment of moniesother joint account holders.

Appears in 7 contracts

Sources: Financial Services Agreement, Financial Services Agreement, Financial Services Agreement

Joint Accounts. In GeneralExcept for accounts designated as Multiple Signatures Required Accounts, if this is the following paragraph applies: If two or more parties have signed an Application and Agreement with respect to one or more accounts, you are creating, and intend to create, a Joint Account"joint tenancy with rights of survivorship." That is, each signer (“Joint Owner”) you as the owners of this Agreement agrees the account agree with yourselves and the Credit Union that all Joint Owners are sums paid in shares or other deposits (as applicable), together with all accumulations, prior to now or hereafter, less setoffs as allowed by law for any sums due the Credit Union by any party, shall be owned by all of you jointly with full right of survivorship, and severally liable for shall be subject to withdrawal or receipt by any of you in whole or in part. Unless previously designated, such joint designation shall apply to all obligations arising sub accounts under the Agreementyour member number. Each Joint Owner agrees that each other Joint Owner shall have the authority to give instructions to us regarding the Joint Account, to communicate and receive information from us concerning the Joint Account, to receive on behalf of the Joint Account securities and/or other property and to dispose of same, to make on behalf of the Joint Account agreements relating Payment to any of you or the foregoing matters survivor(s) of you, or the personal representative, administrator or assign of the last survivor of you, shall be valid and discharge the Credit Union from any liability for such payment and amount. Each signer appoints each other signer to be his or her irrevocable attorney in fact: to make deposits to the account; to endorse, for cash or deposit, any checks or other items whether payable to one of the signers alone or with others; and to terminate or modify or waive any of the provisions of such agreements receive and generally to deal with us on behalf of the Joint Account, receipt for all funds all without providing notice obligation to the other Joint Owners. Each Joint Owner agrees that we are authorized to follow the instructions of any other Joint Owner in every respect concerning the Joint Account and to make deliveries to any Joint Owner, or upon instructions by any Joint Owner, of any securities and/or other property in the Joint Account, and to make payments to any Joint Owner, or upon orders of any Joint Owner, of any or all monies at any time or from time to time as such Joint Owner may order and direct, even if such deliveries and/or payments shall be made to such Joint Owner personally, and not for the Joint Account. Each Joint Owner agrees to hold us and our employees and agents harmless from and indemnify the same against any losses, causes of action, damages, and expenses (including attorneys’ fees) arising from or as the result of us, our employees, or agents following the instructions of any Joint Owner. Each Joint Owner further agrees that we shall not be under any duty or obligation to inquire into the purpose source or propriety application of funds. To induce us to act hereunder, each person signing the Membership Application and Agreement jointly and singly agrees to hold the Credit Union harmless and indemnify us from loss, cost, and damage in all respects in connection with any of the foregoing, including court costs and attorneys’ fees, except as may be limited by applicable law. Unless specifically prohibited in writing from doing so, any or all of the joint owners may pledge all or part of the shares or deposits in the account as collateral for security on a loan(s). Any owner who is a surviving owner agrees that the Credit Union to the extent allowed by law may set off any money in the account against any obligation of a deceased owner within thirty days after the Credit Union becomes aware of the deceased owner’s death unless such demand a setoff would not have been allowed during the deceased individual’s lifetime (such as would be the case with certain tax favored accounts). All owners who are surviving owners also agree that their interests in the account are subject to any security interest or pledge granted by a deceased owner, even if they individually did not consent to it. No authority or obligation of the Credit Union may be changed or terminated by one or more of the joint owners without prior written notice to the Credit Union, and no such change or termination shall affect transactions already made. Further, each joint owner is subject to the terms and disclosures of this Agreement, and hereby acknowledges receipt of the Agreement. We may refuse to authorize a withdrawal from a joint account when we have knowledge of a dispute between the joint accountholders until the matter is resolved. If an account is designated as a Multiple Signatures Required Account, the following paragraph applies: If two or more parties have signed a signature card, you are creating, and intend to create, a "joint tenancy with rights of survivorship." That is, you as the owners of the account agree with yourselves and the Credit Union that all sums paid in shares or other deposits (as applicable), together with all accumulations, prior to now or hereafter, less setoffs as allowed by law for delivery any sums due the Credit Union by any party, shall be owned by all of securities you jointly with full right of survivorship. It is agreed that all living parties must sign any request for a withdrawal and that transactions on the account may only be conducted in person at the Credit Union’s office. All but not less than all of the joint owners may pledge all or part of the shares or deposits in the account as collateral for security on a loan(s). No authority or obligation of the Credit Union may be changed or terminated by one or more of the joint owners without the consent of all living joint owners and prior written notice to the Credit Union, and no such change or termination shall affect transactions already made. Further, each joint owner is subject to the terms and disclosures of this Agreement, and hereby acknowledges receipt of the Agreement. If a deposited item in a joint account is returned unpaid, the account is overdrawn, or if the Credit Union does not receive final payment on a transaction, the owners, jointly and severally, are liable to the Credit Union for the amount of moniesthe returned item, overdraft, or unpaid amount and any charges, regardless of who initiated or benefited from the transaction. If any account owner is indebted to the Credit Union, the Credit Union may enforce its rights against any account of an owner or all funds in the joint account regardless of who contributed them. Except as modified in this Agreement, joint accounts shall be subject to and governed by PA 41 of the Public Acts of 1968 (Michigan), as amended, being M.C.L. 490.51 et seq., and commonly known as the Credit Union Multiple-Party Accounts Act. An account owned by a person that is not a natural person (that is, an account owned by a corporation or other legal entity or by a trust) may not have joint owners.

Appears in 6 contracts

Sources: Membership Agreement, Membership/Account Agreement, Membership/Account Agreement

Joint Accounts. In General(a) If this account is held by more than one person, if this is a Joint Account, each signer (“Joint Owner”) all of this Agreement agrees that all Joint Owners the joint holders are jointly and severally liable to you for any and all obligations arising under out of transactions in the Agreementaccount and agree to be bound by all terms and conditions of this agreement signed by each party. Each Joint Owner agrees that each other Joint Owner shall have You are authorized to accept instructions and to send confirmations to any one of the authority to give instructions to us regarding joint owners, and the Joint Account, to communicate undersigned hereby further appoints any and receive information from us concerning all of said joint owners as agents of the Joint Account, undersigned for receipt of confirmations and hereby waives any right to receive on behalf confirmations otherwise. Any one or more of the Joint Account securities and/or other property joint owners has full authority for the account and to dispose of same, to make on behalf risk in the name of the Joint Account agreements relating to joint account. (b) If this account is a joint account, in the event of the death of any of the foregoing matters account holders, the survivor(s) must immediately give you written notice thereof, and you, before or after receiving such notice, may take such action, institute such proceedings, require such papers, retain such portion of the account, and restrict transactions in the account as you may deem advisable to terminate protect you against any tax, liability, penalty, or modify loss under any present or waive future laws or otherwise. The estate(s) of any of the provisions account holders who have died will be liable, and the survivor(s) will continue to be liable, to you for any debit balance or loss in the account in any way resulting from the completion of such agreements and generally transactions initiated prior to deal with us on behalf the receipt by you of the Joint Accountwritten notice of the death of the decedent, or incurred in the liquidation of the account, or the adjustment of the interests of the respective parties. (c) If this account is held by tenants in common, then, in the event that the account is closed or upon receipt of a certified document evidencing death or legal incapacity of any tenant, the account will be divided in equal shares unless you are otherwise notified, in writing, signed by all without providing notice joint owners of the amounts to be distributed to the other Joint Owners. Each Joint Owner agrees that we are authorized to follow individual joint owners. (d) If this account is held by the instructions parties as joint tenants with rights of any other Joint Owner survivorship, then, upon receipt of a certified document evidencing death or legal incapacity of one of the account holders, the remaining party or parties will continue this account in every respect concerning their name as sole or joint owners with all the Joint Account terms and to make deliveries to any Joint Owner, or upon instructions by any Joint Owner, conditions of any securities and/or other property said account continuing in the Joint Account, full force and to make payments to any Joint Owner, or upon orders of any Joint Owner, of any or all monies at any time or from time to time as such Joint Owner may order and direct, even if such deliveries and/or payments shall be made to such Joint Owner personally, and not for the Joint Account. Each Joint Owner agrees to hold us and our employees and agents harmless from and indemnify the same against any losses, causes of action, damages, and expenses (including attorneys’ fees) arising from or as the result of us, our employees, or agents following the instructions of any Joint Owner. Each Joint Owner further agrees that we shall not be under any duty or obligation to inquire into the purpose or propriety of any such demand for delivery of securities or payment of monieseffect.

Appears in 6 contracts

Sources: Customer Agreement, Customer Agreement, Customer Agreement

Joint Accounts. In General, if a. If this is a Joint Account, each signer (“Joint Owner”) of this Agreement agrees that all Joint Owners are jointly and severally liable for all obligations arising under the Agreement. Each Joint Owner agrees we agree that each other Joint Owner of us shall have the authority to give instructions to us regarding the Joint Account, to communicate and receive information from us concerning the Joint Account, to receive on behalf of the Joint Account securities and/or account to buy, sell (including short sales), and otherwise deal in, through you as brokers, securities, options or other property on margin or otherwise; to receive for the account, confirmations, statements and communications of every kind; to receive for the account and to dispose of samemoney, securities and other property; to make on behalf of make, terminate or modify for the Joint Account account, agreements relating to any of the foregoing these matters and to terminate or modify or waive any of the provisions of such agreements agreements; and generally to deal with you as if each of us on behalf of alone were the Joint Accountaccount owner, all without providing notice to the other Joint Ownersaccount owners. We agree that notice to any account owner shall be deemed to be notice to all account owners. Each Joint Owner agrees that we are authorized to account owner shall be jointly and severally liable for this account. b. You may follow the instructions of any other Joint Owner in every respect of us concerning the Joint Account this account and to make deliveries to any Joint Owner, or upon instructions by any Joint Ownerof us, of any or all securities and/or or other property in the Joint Accountthis account, and to make payments to any Joint Owner, or upon orders of any Joint Ownerus, of any or all monies at in this account as any time or from time to time as such Joint Owner of us may order and direct, even if such deliveries and/or payments shall be made to such Joint Owner personally, and not for the Joint Accountone of us personally or to third parties. Each Joint Owner agrees to hold us and our employees and agents harmless from and indemnify the same against any losses, causes of action, damages, and expenses (including attorneys’ fees) arising from or as the result of us, our employees, or agents following the instructions of any Joint Owner. Each Joint Owner further agrees that we You shall not be under any duty or no obligation to inquire into the purpose or propriety of any such demand for delivery of securities securities, property, or payment of monies, and you shall not be bound to see to the application or disposition of the said securities, property and/or monies so delivered or paid to any of us. Notwithstanding the foregoing, you are authorized, in your discretion, to require joint action by the joint tenants with respect to any matter concerning the joint account, including the giving or cancellation of orders and the withdrawal of monies, securities or other property. c. In the event of the death of any of us, the survivor(s) shall immediately give you written notice thereof, and you may, before or after receiving such notice, take such proceedings, require such documents, retain such portion of the account as you may deem advisable to protect you against any tax, liability, penalty or loss under any present or future laws or otherwise. The estate of any of us who shall have died shall be liable and each survivor will be liable, jointly and severally, to you for any debt or loss in this account resulting from the completion of transactions initiated prior to your receipt of a written notice of such death or incurred in the liquidation of the account or the adjustment of the interests of the respective parties. d. Any taxes or other expenses becoming a lien against or being payable out of the account as the result of the death of any of us, or through the exercise by his or her estate or representatives of any rights in the account shall be chargeable against the interest of the survivor(s) as well as against the interest of the estate of the decedent. This provision shall not release the decedent's estate from any liability provided for in this agreement. e. DESIGNATION OF TENANCY (This paragraph "22(e)" is not applicable in the State of Texas, where form no. 3882 "Texas Joint Account Supplement..." must be executed and returned with this agreement to you.) You may presume that it is the express intention of us to create an estate or account as joint tenants with rights of survivorship and not as tenants-in-common, unless otherwise provided by striking this paragraph and executing a separate Tenancy-in-Common form and returning it to you. In the event of the death of either or any of us, the entire interest in the joint account shall be vested in the survivor(s) on the same terms and conditions as theretofore held, without in any manner releasing the decedent's estate from the liability.

Appears in 5 contracts

Sources: Client Agreement (Pioneer Venture Fund), Client Agreement (Pioneer Venture Fund), Client Agreement (Pioneer Venture Fund)

Joint Accounts. In General, if this is a For Joint AccountAccounts, each signer (“Joint Owner”) of this Agreement agrees that all Joint Owners are Accountholder will be jointly and severally liable (in Quebec, solidarily) to us to perform all the obligations, be liable for all obligations arising under the Agreement. Each Joint Owner agrees that each other Joint Owner shall have the authority liabilities related to give instructions to us regarding the Joint Account, to communicate and receive information from us concerning the Joint Account, to receive on behalf of the Joint Account securities and/or under this Agreement and will agree to all the terms and conditions in this Agreement, irrespective of which one of you undertook the obligation or incurred the liability. Each of you will have the same access to historical and current transaction details or any other property and to dispose of same, to make on behalf of the Joint Account agreements details relating to any of the foregoing matters and to terminate or modify or waive any of the provisions of such agreements and generally to deal with us on behalf of the Joint Account, all without providing notice to the other Joint Owners. Each Joint Owner agrees that we are authorized to follow the instructions of any other Joint Owner in every respect concerning the Joint Account and to make deliveries to any Joint Owner, or upon instructions by any Joint Owner, of any securities and/or other property in the Joint Account, and to make payments to any Joint Owner, or upon orders of any Joint Owner, of any or all monies at any time or from time to time as such Joint Owner may order and direct, even if such deliveries and/or payments shall be made to such Joint Owner personally, and not for the Joint Account. Each of you expressly agrees that any interest in the Joint Owner agrees to hold us and our employees and agents harmless from and indemnify the same against any losses, causes Account will be owned by each of action, damagesyou as joint tenants with full rights of survivorship, and expenses (not as tenants-in-common, and that we are entitled to treat any interest in the Joint Account in this manner. We may accept any instructions from any one of you, including attorneys’ fees) honouring an Instrument, processing transactions in connection with Electronic Banking Services and Digital Banking Services described below, or accepting any direction in respect of the Joint Account without requiring the authorization or consent of the other Joint Accountholders, subject to any written instructions by both you and the other Joint Accountholders to the contrary. You agree that if one Joint Accountholder is removed from the Joint Account by agreement of all other Joint Accountholders, or if determine a Joint Accountholder be removed in our sole discretion, acting reasonably, then the Joint Account will be closed. If any Joint Accountholder dies, the deceased Joint Accountholder’s interest in the Joint Account will pass automatically to the surviving Joint Accountholders, without releasing the deceased Joint Accountholder or their estate from any liability arising from or as the result of us, our employees, or agents following the instructions of any Joint Owner. Each Joint Owner further agrees Account until such time that we shall have received satisfactory evidence of the death. We will not be under liable for any duty loss, damages or obligation to inquire into legal costs incurred in any dispute between the purpose estate of the deceased Joint Accountholder, the surviving Joint Accountholders or propriety third party arising from us acting on the right of any such demand for delivery of securities or payment of moniessurvivorship.

Appears in 4 contracts

Sources: Terms and Conditions of Personal Customer Account, Terms and Conditions, Terms and Conditions of Personal Customer Account

Joint Accounts. In Generalgeneral, if this is a Joint Account, each signer ("Joint Owner") of this Agreement agrees that all Joint Owners are jointly and severally liable for all obligations arising under the Agreement. Each Joint Owner agrees that each other Joint Owner shall have the authority to give instructions to us regarding the Joint Account, to communicate and receive information from us concerning the Joint Account, to receive on behalf of the Joint Account securities and/or other property and to dispose of same, to make on behalf of the Joint Account agreements relating to any of the foregoing matters matters, and to terminate or modify or waive any of the provisions of such agreements and generally to deal with us on behalf of the Joint Account, all without providing notice to the other Joint Owners. Each Joint Owner agrees that we are authorized to follow the instructions of any other Joint Owner in every respect concerning the Joint Account and to make deliveries to any Joint Owner, or upon instructions by any Joint Owner, of any securities and/or other property in the Joint Account, and to make payments to any Joint Owner, or upon orders of any Joint Owner, of any or all monies at any time or from time to time as such Joint Owner may order and direct, even if such deliveries and/or payments shall be made to such Joint Owner personally, and not for the Joint Account. Each Joint Owner agrees to hold us and our employees and agents harmless from and indemnify the same against any losses, causes cause of action, damages, and expenses (including attorneys' fees) arising from or as the result of us, our employees, or agents following the instructions of any Joint Owner. Each Joint Owner further agrees that we shall not be under any duty or obligation to inquire into the purpose or propriety of any such demand for delivery of securities or payment of monies. At any time, we may, at our sole discretion, require joint or collective action by both Joint Owners with respect to any matter concerning the Joint Account, including but not limited to the giving or cancellation of orders and the withdrawal of money or other property. Notwithstanding any of the foregoing, we are authorized at our sole discretion and without liability because of fluctuating market conditions or otherwise, to do any one or more of the following: (i) select which instructions to follow and which to disregard; (ii) suspend all activity in the Joint Account, and refuse to buy, sell, or trade any securities and/or other property, and refuse to disburse any such securities and/or other property, except upon further written instructions signed by ALL the Joint Owners; (iii) close the Joint Account and send any and all securities and/or other property by ordinary mail to the address of record; or (iv) file an interpleader action in any appropriate court, in which event we shall be entitled to recover all costs including reasonable attorneys' fees in an amount set by the court. (You agree that filing of such an interpleader is an extraordinary event and will not be deemed a waiver of the right to arbitration under this Agreement.) Each Joint Owner agrees that we may, at any time, suspend all activity in the Account pending instructions from a court of competent jurisdiction.

Appears in 4 contracts

Sources: Brokerage Account Agreement, Basic Brokerage Account Agreement, Brokerage Account Agreement

Joint Accounts. In General, if this (a) The following provisions apply to an Account which is a Joint Account, each signer opened in the name of more than one person (“Joint OwnerAccount”). (b) Unless we agree otherwise in writing, the Account shall be a Joint Account with right of survivorship and each such person (“Joint Account Holder”) of this Agreement agrees that all Joint Owners are shall be jointly and severally liable for all obligations arising under or liabilities incurred in respect of the AgreementAccount. Accordingly, references to “you” in this Service Agreement refer to each and/or any of the Joint Account Holders. Each Joint Owner agrees that each other Account Holder shall be entitled individually and independently from the other(s) and without limitation to instruct us, operate the Joint Owner shall have the authority to give instructions to us regarding Account and close the Joint Account. We are authorised, subject to our policies and procedures, to communicate accept instructions relating to the Joint Account from any one or more Joint Account Holders without notice to the other Joint Account Holder(s). The signature of any one of the Joint Account Holders shall be sufficient to give full discharge to us unless we receive contrary instructions in writing. We shall be entitled to deal separately with any one of the Joint Account Holders on any matter without prejudicing or affecting our rights, powers or remedies against any other Joint Account Holder. We shall have discharged our liability to all Joint Account Holders if we fulfil our obligations to any one or more of them regardless of the Signing Mandate. Notwithstanding this, we may ask for authorisation from all Joint Account Holders for any performance, act, signature or document. In particular, any change or revocation of authority of any Joint Account Holder must come from all the Joint Account Holders. (c) We shall have discharged our liability to all Joint Account Holders if we fulfil our obligations to any one or more of them regardless of the Signing Mandate. Our obligation to notify the Joint Account Holders in respect of any matter shall be discharged if we notify any one of the Joint Account Holders. We may, without prejudice to our rights and remedies against any of the Joint Account Holders, settle or vary the liability of or grant time or other indulgence to any one or more of them. (d) All remaining Joint Account Holders shall immediately give us written notice of any event that causes a change in ownership (including death of a Joint Account Holder), following which we may take such action as we deem necessary in the circumstances, including requiring such documents or imposing such restrictions on the Joint Account. (e) A Joint Account Holder’s liability shall not be discharged or affected by: • the failure of any term to be binding on any other person; • our giving of time, forbearance, indulgence or waiver to any other person; • our release or discharge of any other person; • the death, bankruptcy, liquidation, disability, limitation, incapacity or any change in the constitution or status of any other person; • any irregularity or deficiency in the powers of any other person; and/or • any other circumstance which may otherwise affect any liability or obligation of any other person. (f) Unless we receive information contrary instructions in writing, payments or remittances received or assets delivered in favour of a Joint Account Holder alone will be credited to an account that the Joint Account Holder holds with us in his/her own name, and if that Joint Account Holder does not have an account with us in his/her own name, then those payments or remittances received or assets delivered will be credited to the Joint Account. (g) In the event that we receive instructions from us one or more Joint Account Holders which appear to be ambiguous or conflicting, or reasonably believe that instructions received from one or more Joint Account Holders are not mutually agreeable to all Joint Account Holders, or receive a court order concerning the Joint Account, we may, without liability to receive you, decline to take any action (even if such declining may result in loss) and/or take such action as we deem fit. (h) A person who is a minor may be a Joint Account Holder if the main applicant is the parent/guardian of the minor. Notwithstanding anything to the contrary in the Signing Mandate, we are not obliged to act on behalf the instructions of any minor. We shall not be liable in any way whatsoever for any Loss which may result from the fact that the minor suffers from any incapacity to act. (i) Where the Joint Account Holders are unrelated parties (i.e. any relationship other than spouse, father, mother, brother, sister or child), you (each of the Joint Account securities and/or other property Holders) agree as follows: (i) you acknowledge and understand that the terms and conditions of this Service Agreement will apply to dispose you, in particular, the provisions of sameClause 23 and the provisions on joint and several liabilities in this Clause 3. You further acknowledge and understand that pursuant to Clause 23, to make on behalf upon the death of any one of the Joint Account agreements relating to any of the foregoing matters and to terminate or modify or waive any of the provisions of such agreements and generally to deal with us on behalf of the Joint AccountHolders, all without providing notice to the other Joint Owners. Each Joint Owner agrees that we are authorized to follow the instructions of any other Joint Owner in every respect concerning the Joint Account and to make deliveries to any Joint Owner, or upon instructions by any Joint Owner, of any securities and/or other property in the Joint Account, and to make payments to any Joint Owner, or upon orders of any Joint Owner, of any or all monies at any time or from time to time as such Joint Owner may order and direct, even if such deliveries and/or payments shall be made to such Joint Owner personally, and not for the Joint Account. Each Joint Owner agrees to hold us and our employees and agents harmless from and indemnify the same against any losses, causes of action, damages, and expenses (including attorneys’ fees) arising from or as the result of us, our employees, or agents following the instructions of any Joint Owner. Each Joint Owner further agrees that but we shall not be under any obligation) under the “right of survivorship” pay or deliver all the property in the Joint Account to the remaining Joint Account Holders; (ii) you undertake to indemnify us on demand against any claims that may be made against us and against all Losses, costs, damages and reasonable expenses incurred by us or to which we may be put in relation to the Joint Account on any grounds whatsoever; (iii) you authorise us (but we shall not be under any obligation) to settle, release, grant time or pay immediately any amounts claimed by any of the Joint Account Holders without any reference to or further authority from the other Joint Account Holders and without being under any duty to enquire whether any claims or obligation demands on us are properly made, and you undertake to inquire into indemnify us in respect of all such payments; and (iv) the purpose indemnity given in this Clause 3 is in addition to and shall not merge with or propriety otherwise prejudice or affect or be prejudiced or affected by any other security or remedy now or hereafter held by or available to us. (j) The provisions of any such demand for delivery this Clause 3 shall govern the legal relationship between you and the Bank exclusively, irrespective of securities the internal relationship between the Joint Account Holders themselves or payment their successors, and regardless, in particular, of moniestheir respective rights of ownership of the assets in the Joint Account.

Appears in 3 contracts

Sources: Service Agreement, Service Agreement, Service Agreement

Joint Accounts. In GeneralWhen two people are listed as owners of an Account, if this the Account is a Joint Account“joint account” and each owner is a “joint owner.” If there are joint Account holders, each signer (“Joint Owner”) of this Agreement agrees that all Joint Owners are is jointly and severally liable for all obligations arising under this Agreement and the AgreementAccount. We may enforce this Agreement jointly against both Account holders or against either Account holder individually. If a joint Account becomes overdrawn, each joint account holder is liable for the full amount the Account is overdrawn, regardless of who initiated or benefited from the item(s) that caused the overdraft. All joint Accounts are owned by the joint owners as joint tenants with right of survivorship. In many jurisdictions, this means that, upon the death of one Account holder, the entire interest in the Account generally goes to the surviving Account holder. Laws covering joint accounts and community property vary by state. You are responsible for verifying how a joint Account will be treated in your state. You are advised to consult with an attorney. Each Joint Owner agrees that each joint Account holder has full authority, acting individually and without notice to, or approval from, the other Joint Owner shall have account holder, to interact with, and provide direction to, SoFi Bank as if he/she were the authority to give instructions to us regarding sole account holder. For example, a joint Account holder can write checks on the Joint Account, to communicate and receive information from us concerning withdraw or transfer funds into or out of the Joint Account, to receive on behalf of or change Account features and services. One joint Account holder may not remove the Joint other’s name from the Account securities and/or other property and to dispose of same, to make on behalf of or change their personal information. The individual who initially opens the Joint Account agreements relating to any of shall be deemed the foregoing matters and to terminate or modify or waive any of the provisions of such agreements and generally to deal with us on behalf of the Joint Account, all without providing notice to the other Joint Owners“primary” account holder. Each Joint Owner agrees that we We are authorized to follow the instructions received from either joint account holder. We are not responsible for determining the purpose, authenticity or propriety of an instruction we receive from any joint account holder. We reserve the right to require written instructions from all joint account holders, at our sole discretion. We also reserve the right, but are not obligated, to place restrictions on an Account in the event we receive notice of a dispute among, or conflicting instructions from, joint account holders. For example, if one joint account holder requests that we not pay items authorized by a different joint account holder, we may block the account, but we are not required to do so. In most instances, we will refuse to pay all items, including items authorized by the account holder making the request. If we block the Account, we may not release the block unless all joint account holders agree in writing to remove it. No request to block the Account will affect items that we paid before the request. If we decide not to block the Account, all joint account holders remain responsible for debits and/or withdrawals from the Account. Any joint account holder may close the account without consent from any other Joint Owner in every respect concerning the Joint Account and joint account holders. We may choose whether or not to make deliveries to any Joint Owner, or act upon instructions by any Joint Owner, of any securities and/or other property in the Joint Account, and to make payments to any Joint Owner, or upon orders of any Joint Owner, of any or all monies at any time or from time to time as such Joint Owner may order and direct, even if such deliveries and/or payments shall be made to such Joint Owner personally, and not for the Joint Account. Each Joint Owner agrees to hold us and our employees and agents harmless from and indemnify the same against any losses, causes of action, damages, and expenses (including attorneys’ fees) arising from or as the result of us, our employees, or agents following the instructions of any Joint Ownerjoint owners, including adding another owner to the account, without the authorization of the other joint owners. Each Joint Owner further agrees We may also pay all or any part of the funds in the joint account to a court or government agency if we receive a garnishment, levy or similar legal process that identifies any of the joint owners. With joint Accounts, the principle of “notice to one is notice to all” applies, which means that any notice or Disclosure we shall not send to one joint account holder will be under any duty or obligation to inquire into the purpose or propriety of any such demand for deemed delivery of securities such notice or payment of moniesDisclosure to all joint account holders.

Appears in 3 contracts

Sources: Deposit Account Agreement, Bank Deposit Account Agreement, Bank Deposit Account Agreement

Joint Accounts. In GeneralAny or all owners can make deposits or withdrawals regardless of contributions from a joint account (also referred to as a multiple party account). Each owner guarantees the signature of all other owner(s) and appoints all other owners as agents. The member may by written order remove any joint owner of the account. Joint owners by written order may remove themselves. We may accept orders, if this is a Joint Accountinstructions and requests for future services from any account owner, each signer which shall be binding on all owners. Any account owner may withdraw all funds, stop payment of items or Transactions (“Joint Owner”regardless of who ordered the payment), transfer or pledge to us all or any part of the shares in any account and block, terminate or discontinue or close any Transaction or service without the consent of the other owner(s) and the Credit Union shall have no duty to notify any other joint account owner(s). We have no obligation to notify the other account owner(s) of this Agreement agrees that all Joint Owners are any pledge or other actions, orders or instructions by any owner. Each owner is jointly and severally liable for all returned items, overdrafts or any other obligations arising under owed to the AgreementCredit Union as a result of any Transaction(s) on a joint account, regardless of the drawer, user or authorized user who orders or causes said Transaction(s). Each Joint Owner agrees If the Credit Union receives written notice of a dispute between account owners or receives inconsistent instructions from them, we may suspend or terminate the account, require a court order to act, or require that each other Joint Owner shall have the authority all joint account owners agree in writing to give instructions to us regarding the Joint Account, to communicate and receive information from us any transaction concerning the Joint Accountaccount. Unless your account card specifically indicates otherwise, you agree that it’s your intention to receive on behalf create a joint tenancy with the right of survivorship (a form of ownership) for any joint account and if one or more of the Joint Account securities and/or other property and multiple party owners dies, his or her interest in the account passes to dispose the remaining owners, unless subject to our right of same, to make on behalf set-off or a pledge of the Joint Account agreements relating funds in the account(s), in which case all sums in the account(s) will belong to any the Credit Union regardless of contributions, up to the amount of the foregoing matters and obligation(s) owed. We may not release any funds to terminate or modify or waive any of the provisions of such agreements and generally a survivor until all required legal documents are delivered to deal with us on behalf of the Joint Account, all without providing notice to the other Joint Owners. Each Joint Owner agrees that we are authorized to follow the instructions of any other Joint Owner in every respect concerning the Joint Account and to make deliveries to any Joint Owner, or upon instructions by any Joint Owner, of any securities and/or other property in the Joint Account, and to make payments to any Joint Owner, or upon orders of any Joint Owner, of any or all monies at any time or from time to time as such Joint Owner may order and direct, even if such deliveries and/or payments shall be made to such Joint Owner personally, and not for the Joint Account. Each Joint Owner agrees to hold us and our employees and agents harmless from and indemnify the same against any losses, causes of action, damages, and expenses (including attorneys’ fees) arising from or as the result of us, our employees, or agents following the instructions of any Joint Owner. Each Joint Owner further agrees that we shall not be under any duty or obligation to inquire into the purpose or propriety of any such demand for delivery of securities or payment of monies.

Appears in 3 contracts

Sources: Membership, Account, and Account Services Agreement, Membership, Account, and Account Services Agreement, Membership, Account, and Account Services Agreement

Joint Accounts. In GeneralIf two or more parties have signed a Master Membership Application with respect to one or more accounts, if this is you are creating, and intend to create, a Joint Account"joint tenancy with rights of survivorship." That is, each signer (“Joint Owner”) you as the owners of this Agreement agrees the account agree with yourselves and the Credit Union that all Joint Owners are sums paid in shares or other deposits (as applicable), together with all accumulations, prior to now or hereafter, less setoffs as allowed by law for any sums due the Credit Union by any party, shall be owned by all of you jointly with full right of survivorship, and severally liable for all obligations arising under the Agreementshall be subject to withdrawal or receipt by any of you in whole or in part. Each Joint Owner agrees that each other Joint Owner shall have the authority to give instructions to us regarding the Joint Account, to communicate and receive information from us concerning the Joint Account, to receive on behalf of the Joint Account securities and/or other property and to dispose of same, to make on behalf of the Joint Account agreements relating Payment to any of you or the foregoing matters survivor(s) of you, or the personal representative, administrator or assign of the last survivor of you, shall be valid and discharge the Credit Union from any liability for such payment and amount. Each signer appoints each other signer to be his or her irrevocable attorney in fact: to make deposits to the account; to endorse, for cash or deposit, any checks or other items whether payable to one of the signers alone or with others; and to terminate or modify or waive any of the provisions of such agreements receive and generally to deal with us on behalf of the Joint Account, receipt for all funds all without providing notice obligation to the other Joint Owners. Each Joint Owner agrees that we are authorized to follow the instructions of any other Joint Owner in every respect concerning the Joint Account and to make deliveries to any Joint Owner, or upon instructions by any Joint Owner, of any securities and/or other property in the Joint Account, and to make payments to any Joint Owner, or upon orders of any Joint Owner, of any or all monies at any time or from time to time as such Joint Owner may order and direct, even if such deliveries and/or payments shall be made to such Joint Owner personally, and not for the Joint Account. Each Joint Owner agrees to hold us and our employees and agents harmless from and indemnify the same against any losses, causes of action, damages, and expenses (including attorneys’ fees) arising from or as the result of us, our employees, or agents following the instructions of any Joint Owner. Each Joint Owner further agrees that we shall not be under any duty or obligation to inquire into the purpose source or propriety application of funds. To induce us to act hereunder, each person signing the Master Membership Application jointly and singly agrees to hold the Credit Union harmless and indemnify us from loss, cost, and damage in all respects in connection with any of the foregoing, including court costs and attorneys’ fees, except as may be limited by applicable law. Unless specifically prohibited in writing from doing so, any or all of the joint owners may pledge all or part of the shares or deposits in the account as collateral for security on a loan(s). Any owner who is a surviving owner agrees that the Credit Union to the extent allowed by law may set off any money in the account against any obligation of a deceased owner within thirty days after the Credit Union becomes aware of the deceased owner’s death unless such demand a setoff would not have been allowed during the deceased individual’s lifetime (such as would be the case with certain tax favored accounts). All owners who are surviving owners also agree that their interests in the account are subject to any security interest or pledge granted by a deceased owner, even if they individually did not consent to it. No authority or obligation of the Credit Union may be changed or terminated by one or more of the joint owners without prior written notice to the Credit Union, and no such change or termination shall affect transactions already made. Further, each joint owner is subject to the terms and disclosures of this Agreement, and hereby acknowledges receipt of the Agreement. We may refuse to authorize a withdrawal from a joint account when we have knowledge of a dispute between the joint accountholders until the matter is resolved. If a deposited item in a joint account is returned unpaid, the account is overdrawn, or if the Credit Union does not receive final payment on a transaction, the owners, jointly and severally, are liable to the Credit Union for delivery the amount of securities the returned item, overdraft, or payment unpaid amount and any charges, regardless of monieswho initiated or benefited from the transaction. If any account owner is indebted to the Credit Union, the Credit Union may enforce its rights against any account of an owner or all funds in the joint account regardless of who contributed them. Except as modified in this Agreement, joint accounts shall be subject to and governed by PA 41 of the Public Acts of 1968 (Michigan), as amended, being M.C.L. 490.51 et seq., and commonly known as the Credit Union Multiple-Party Accounts Act. An account owned by a person that is not a natural person (that is, an account owned by a corporation or other legal entity or by a trust) may not have joint owners.

Appears in 3 contracts

Sources: Consumer Agreements and Disclosures, Consumer Agreements and Disclosures, Consumer Agreements and Disclosures

Joint Accounts. In GeneralIf I have a joint account with one or more other persons: a. The account(s) shall be issued and held jointly as joint tenants with right of survivorship unless otherwise designated. Where there is a separate agreement in connection with a specific deposit, the survivorship designation in that agreement shall apply; b. If the account has a right of survivorship that means that if one of us dies, all money in the account automatically becomes the property of the survivor(s). After my death, the Credit Union will only have obligations with respect to the account to the survivor(s), and anyone else making a claim against the account must deal with the survivors(s). Upon the death of the primary account holder, the Credit Union, in its sole discretion, may require the account(s) to be closed and re-opened in the survivor’s name. Despite the above, if this one of us dies, the Credit Union, in its sole discretion, may refuse to release funds in our accounts until it receives joint direction from the survivor(s) and the legal representatives of the deceased. If the account is a Joint Accountowned jointly without survivorship, each signer (“Joint Owner”upon the death of one of us, the account shall be paid upon joint direction from the remainder of us and the legal representatives of the estate of the deceased. The Credit Union is authorized to release any information related to my joint account(s) or other joint dealings with the Credit Union to the legal representative of this Agreement agrees the deceased joint owner up to the date of death. I indemnify and hold the Credit Union harmless from any responsibility, claim or loss whatsoever arising from or relating to the payment of funds from my joint account; c. Unless otherwise designated, the survivor is entitled to any and all insurance on the account; d. You will credit the joint account with deposits made or endorsed by any one or more of us, or deposits that all Joint Owners you receive from any one or more of us, whether such deposits are payable to one or more of us; e. I am jointly and severally liable for all obligations arising under charges and overdrafts imposed or payable with respect to my accounts; f. Unless otherwise designated on any other signing authority document any of us may give instruction on the Agreementaccount including instruction to close the joint account, withdraw or write cheques or other debt items, stop payment or process other authorized debit transactions, whether electronic, voice response, written or otherwise, on any account. Each Joint Owner agrees Such withdrawal or payment is valid and shall release and discharge the Credit Union from any liability. I understand that each such other Joint Owner shall have signing authority document needs to be signed by all joint account holders. Where more than one to sign is specified in any signing authority document, this is for my purposes only and I understand and acknowledge the authority Credit Union does not monitor for multiple signatures and may honour, rely and act upon only one authorized signature. Notwithstanding the signing authorities for the account, the Credit Union may require all joint account holders to give confirm instructions to us regarding the Joint Account, account or the funds in the account; g. I acknowledge each of us will have access to communicate and receive information from us concerning the Joint Account, to receive on behalf all of the Joint Account securities and/or other property account history and transaction details for this account and I agree to dispose this access being provided by the Credit Union; h. If I am declared mentally incompetent or incapable of samemanaging my affairs, I consent to make on behalf my legally appointed representative having the same right of the Joint Account agreements relating to any of the foregoing matters and to terminate or modify or waive any of the provisions of such agreements and generally to deal with us on behalf of the Joint Account, all without providing notice access to the other Joint Ownersjoint account as I did. Each Joint Owner agrees I agree you may rely on a legally appointed representative who is acting for any one of us; and i. I also understand and agree that we are authorized to follow the instructions of any other Joint Owner in every respect concerning the Joint Account and to make deliveries to any Joint Owner, or upon instructions by any Joint Owner, of any securities and/or other property in the Joint Account, and to make payments to any Joint Owner, or upon orders of any Joint Owner, of any or all monies at any time or from time to time as such Joint Owner may order and direct, even if such deliveries and/or payments shall be made to such Joint Owner personally, and not for the Joint Account. Each Joint Owner agrees purposes of ascertaining and recording identity on and providing specimen signatures that my personal information may be recorded with and disclosed to hold us and our employees and agents harmless from and indemnify the same against any losses, causes of action, damages, and expenses (including attorneys’ fees) arising from or as the result of us, our employees, or agents following the instructions of any Joint Owner. Each Joint Owner further agrees that we shall not be under any duty or obligation to inquire into the purpose or propriety of any such demand for delivery of securities or payment of moniesother joint account holders.

Appears in 3 contracts

Sources: Financial Services Agreement, Financial Services Agreement, Financial Services Agreement

Joint Accounts. In General, if this (a) The following provisions apply to an Account which is a Joint Account, each signer opened in the name of more than one person (“Joint OwnerAccount”). (b) Unless we agree otherwise in writing, the Account shall be a Joint Account with right of survivorship and each such person (“Joint Account Holder”) of this Agreement agrees that all Joint Owners are shall be jointly and severally liable for all obligations arising under or liabilities incurred in respect of the AgreementAccount. Accordingly, references to “you” in this Service Agreement refer to each and/or any of the Joint Account Holders. Each Joint Owner agrees that each other Account Holder shall be entitled individually and independently from the other(s) and without limitation to instruct us, operate the Joint Owner shall have the authority to give instructions to us regarding Account and close the Joint Account. We are authorised, subject to our policies and procedures, to communicate accept instructions relating to the Joint Account from any one or more Joint Account Holders without notice to the other Joint Account Holder(s). The signature of any one of the Joint Account Holders shall be sufficient to give full discharge to us unless we receive contrary instructions in writing. We shall be entitled to deal separately with any one of the Joint Account Holders on any matter without prejudicing or affecting our rights, powers or remedies against any other Joint Account Holder. We shall have discharged our liability to all Joint Account Holders if we fulfil our obligations to any one or more of them regardless of the Signing Mandate. Notwithstanding this, we may ask for authorisation from all Joint Account Holders for any performance, act, signature or document. In particular, any change or revocation of authority of any Joint Account Holder must come from all the Joint Account Holders. (c) We shall have discharged our liability to all Joint Account Holders if we fulfil our obligations to any one or more of them regardless of the Signing Mandate. Our obligation to notify the Joint Account Holders in respect of any matter shall be discharged if we notify any one of the Joint Account Holders. We may, without prejudice to our rights and remedies against any of the Joint Account Holders, settle or vary the liability of or grant time or other indulgence to any one or more of them. (d) All remaining Joint Account Holders shall immediately give us written notice of any event that causes a change in ownership (including death of a Joint Account Holder), following which we may take such action as we deem necessary in the circumstances, including requiring such documents or imposing such restrictions on the Joint Account. (e) A Joint Account Holder’s liability shall not be discharged or affected by: • the failure of any term to be binding on any other person; • our giving of time, forbearance, indulgence or waiver to any other person; • our release or discharge of any other person; • the death, bankruptcy, liquidation, disability, limitation, incapacity or any change in the constitution or status of any other person; • any irregularity or deficiency in the powers of any other person; and/or • any other circumstance which may otherwise affect any liability or obligation of any other person. (f) Unless we receive information contrary instructions in writing, payments or remittances received or assets delivered in favour of a Joint Account ▇▇▇▇▇▇ alone will be credited to an account that the Joint Account Holder holds with us in his/her own name, and if that Joint Account Holder does not have an account with us in his/her own name, then those payments or remittances received or assets delivered will be credited to the Joint Account. (g) In the event that we receive instructions from us one or more Joint Account Holders which appear to be ambiguous or conflicting, or reasonably believe that instructions received from one or more Joint Account Holders are not mutually agreeable to all Joint Account Holders, or receive a court order concerning the Joint Account, we may, without liability to receive you, decline to take any action (even if such declining may result in loss) and/or take such action as we deem fit. (h) A person who is a minor may be a Joint Account Holder if the main applicant is the parent/guardian of the minor. Notwithstanding anything to the contrary in the Signing Mandate, we are not obliged to act on behalf the instructions of any minor. We shall not be liable in any way whatsoever for any Loss which may result from the fact that the minor suffers from any incapacity to act. (i) Where the Joint Account Holders are unrelated parties (i.e. any relationship other than spouse, father, mother, brother, sister or child), you (each of the Joint Account securities and/or other property Holders) agree as follows: (i) you acknowledge and understand that the terms and conditions of this Service Agreement will apply to dispose you, in particular, the provisions of sameClause 23 and the provisions on joint and several liabilities in this Clause 3. You further acknowledge and understand that pursuant to Clause 23, to make on behalf upon the death of any one of the Joint Account agreements relating to any of the foregoing matters and to terminate or modify or waive any of the provisions of such agreements and generally to deal with us on behalf of the Joint AccountHolders, all without providing notice to the other Joint Owners. Each Joint Owner agrees that we are authorized to follow the instructions of any other Joint Owner in every respect concerning the Joint Account and to make deliveries to any Joint Owner, or upon instructions by any Joint Owner, of any securities and/or other property in the Joint Account, and to make payments to any Joint Owner, or upon orders of any Joint Owner, of any or all monies at any time or from time to time as such Joint Owner may order and direct, even if such deliveries and/or payments shall be made to such Joint Owner personally, and not for the Joint Account. Each Joint Owner agrees to hold us and our employees and agents harmless from and indemnify the same against any losses, causes of action, damages, and expenses (including attorneys’ fees) arising from or as the result of us, our employees, or agents following the instructions of any Joint Owner. Each Joint Owner further agrees that but we shall not be under any obligation) under the “right of survivorship” pay or deliver all the property in the Joint Account to the remaining Joint Account Holders; (ii) you undertake to indemnify us on demand against any claims that may be made against us and against all Losses, costs, damages and reasonable expenses incurred by us or to which we may be put in relation to the Joint Account on any grounds whatsoever; (iii) you authorise us (but we shall not be under any obligation) to settle, release, grant time or pay immediately any amounts claimed by any of the Joint Account Holders without any reference to or further authority from the other Joint Account Holders and without being under any duty to enquire whether any claims or obligation demands on us are properly made, and you undertake to inquire into indemnify us in respect of all such payments; and (iv) the purpose indemnity given in this Clause 3 is in addition to and shall not merge with or propriety otherwise prejudice or affect or be prejudiced or affected by any other security or remedy now or hereafter held by or available to us. (j) The provisions of any such demand for delivery this Clause 3 shall govern the legal relationship between you and the Bank exclusively, irrespective of securities the internal relationship between the Joint Account Holders themselves or payment their successors, and regardless, in particular, of moniestheir respective rights of ownership of the assets in the Joint Account.

Appears in 3 contracts

Sources: Service Agreement, Service Agreement, Service Agreement

Joint Accounts. In GeneralIf two or more parties have signed an Application and Agreement with respect to one or more accounts, you are creating, and intend to create, a "joint tenancy with rights of survivorship." That is, you as the owners of the account agree with yourselves and the Credit Union that all sums paid in shares or other deposits (as applicable), together with all accumulations, prior to now or hereafter, less setoffs as allowed by law for any sums due the Credit Union by any party, shall be owned by all of you jointly with full right of survivorship, and shall be subject to withdrawal or receipt by any of you in whole or in part. Unless previously designated, such joint designation shall apply to all sub accounts under your member number. Payment to any of you or the survivor(s) of you, or the personal representative, administrator or assign of the last survivor of you, shall be valid and discharge the Credit Union from any liability for such payment and amount. Each signer appoints each other signer to be his or her irrevocable attorney in fact: to make deposits to the account; to endorse, for cash or deposit, any checks or other items whether payable to one of the signers alone or with others; and to receive and receipt for all funds all without obligation to us to inquire into the source or application of funds. To induce us to act hereunder, each person signing the Membership Application and Agreement jointly and singly agrees to hold the Credit Union harmless and indemnify us from loss, cost, and damage in all respects in connection with any of the foregoing, including court costs and attorneys’ fees, except as may be limited by applicable law. Unless specifically prohibited in writing from doing so, any or all of the joint owners may pledge all or part of the shares or deposits in the account as collateral for security on a loan(s). Any owner who is a surviving owner agrees that the Credit Union to the extent allowed by law may set off any money in the account against any obligation of a deceased owner within thirty days after the Credit Union becomes aware of the deceased owner’s death unless such a setoff would not have been allowed during the deceased individual’s lifetime (such as would be the case with certain tax favored accounts). All owners who are surviving owners also agree that their interests in the account are subject to any security interest or pledge granted by a deceased owner, even if they individually did not consent to it. No authority or obligation of the Credit Union may be changed or terminated by one or more of the joint owners without prior written notice to the Credit Union, and no such change or termination shall affect transactions already made. Further, each joint owner is subject to the terms and disclosures of this Agreement, and hereby acknowledges receipt of the Agreement. We may refuse to authorize a withdrawal from a joint account when we have knowledge of a dispute between the joint accountholders until the matter is resolved. If a deposited item in a joint account is returned unpaid, the account is overdrawn, or if the Credit Union does not receive final payment on a transaction, the owners, jointly and severally, are liable to the Credit Union for the amount of the returned item, overdraft, or unpaid amount and any charges, regardless of who initiated or benefited from the transaction. If any account owner is indebted to the Credit Union, the Credit Union may enforce its rights against any account of an owner or all funds in the joint account regardless of who contributed them. Except as modified in this Agreement, joint accounts shall be subject to and governed by PA 41 of the Public Acts of 1968 (Michigan), as amended, being M.C.L. 490.51 et seq., and commonly known as the Credit Union Multiple-Party Accounts Act. An account owned by a person that is not a natural person (that is, an account owned by a corporation or other legal entity or by a trust) may not have joint owners. Beneficiary Designation. When opening an account or, if this all owners agree, at any time thereafter, you may designate one or more persons as beneficiaries of the account under the Michigan Credit Union Beneficiary Accounts Act (Public Act 31 of 1992), being M.C.L. 490.81 et seq. Upon the death of the last surviving owner of the account, the surviving beneficiaries shall become the owners of the funds in the account. If there is more than one surviving beneficiary, the account shall be divided equally between them, and each beneficiary shall be the sole owner of that beneficiary’s share. In accordance with the Credit Union Beneficiary Accounts Act, there shall be no joint ownership among beneficiaries. Any funds deposited into an account after the last surviving account owner’s date of death, and prior to the closing of the account, shall be payable to the beneficiary(ies), and not to the estate of the last surviving account owner (subject to the Credit Union’s right of setoff, as set forth below). The Credit Union is not obligated to notify any beneficiary/payee of the existence of any account or the vesting of the beneficiary/payee's interest in any account, except as otherwise provided by law. The interests of the beneficiary(ies) is subject to the right of the Credit Union, to the extent allowed by law, to set off any money in the account against any obligation of the deceased owner (or the last owner to die, if there was more than one) within thirty days after the Credit Union becomes aware of the deceased owner’s death unless such a Joint Accountsetoff would not have been allowed during the deceased individual’s lifetime (such as would be the case with certain tax favored accounts). The Credit Union reserves the right to require documentation in order to confirm that an account has become properly payable to a beneficiary or beneficiaries. An account owned by a person that is not a natural person (that is, each signer (“Joint Owner”an account owned by a corporation or other legal entity or by a trust) may not have beneficiaries. Accounts for Minors. We may require any account established by a minor to be a multiple party account with an owner who has reached the age of this Agreement agrees that all Joint Owners are majority under Michigan law and who shall be jointly and severally liable for all obligations arising under the Agreement. Each Joint Owner agrees that each other Joint Owner shall have the authority to give instructions to us regarding for any returned item, overdraft, or unpaid charges or amounts on such account. Except where expressly provided otherwise, we may pay funds directly to a minor without regard to his or her minority. Unless a guardian or parent is an account owner, the Joint Accountguardian or parent shall not have any account access rights. We have no duty to inquire about the use or purpose of any transaction. We will not change the account status when the minor reaches the age of majority, unless authorized in writing by all account owners. Uniform Transfers to communicate and receive information from us concerning Minors Account – A Uniform Transfers to Minors Account (UTMA) is an individual account created by a custodian who deposits funds as an irrevocable gift to a minor. This minor to whom the Joint Account, to receive on behalf gift is made is the beneficiary of the Joint Account securities and/or other property and to dispose of same, to make on behalf of the Joint Account agreements relating to any of the foregoing matters and to terminate or modify or waive any of the provisions of such agreements and generally to deal with us on behalf of the Joint Account, all without providing notice to the other Joint Owners. Each Joint Owner agrees that we are authorized to follow the instructions of any other Joint Owner in every respect concerning the Joint Account and to make deliveries to any Joint Owner, or upon instructions by any Joint Owner, of any securities and/or other custodial property in the Joint Accountaccount. The custodian has possession and control of the account for the exclusive right and benefit of the minor, and barring a court order otherwise, is the only party authorized to make payments deposits, withdrawals, and close the account until the minor reaches age 18 or such other age as is specified on the document establishing the account. After the minor reaches this age, the minor shall have sole control of the account. We have no duty to inquire about the use or purpose of any Joint Ownertransaction. If a custodian dies, we may suspend the account until (i) we receive instructions from any person authorized by law to withdraw funds, (ii) a court order authorizing withdrawals, or upon orders (iii) the minor reaching age 18 or such other age as is specified on the document establishing the account. Agency Designation on an Account. An agency designation on an account is an instruction to us that the owner authorizes another person to make transactions as agent for the account owner regarding the accounts designated. An agent has no ownership interest in the account(s) or Credit Union voting rights. The Credit Union is under no obligation to honor any agency designation. If we do honor an agency designation, we have no duty to inquire about the use or purpose of any Joint Ownertransaction made by the agent. The Credit Union shall not be liable for loss resulting from the misappropriation of funds withdrawn from an account by an authorized agent. Legal Process. If any legal action is brought involving your account, we may pay out funds according to the terms of the action or refuse any pay out until the dispute is resolved. Any expenses or all monies at any time or from time attorney fees we incur responding to time legal process may be charged against your account without notice, unless prohibited by law. In lieu of expenses other than attorneys’ fees, we may charge a Legal Process Fee as such Joint Owner may order set forth on the Fee Schedule. Any legal process against your account is subject to our lien and direct, even if such deliveries and/or payments shall be made security interest. Costs for Failure to such Joint Owner personally, and not Follow Agreement. You are liable to us for the Joint Account. Each Joint Owner agrees to hold us and our employees and agents harmless from and indemnify the same against any losses, causes of action, damagescosts, and expenses (including attorneys’ fees) arising we incur resulting from or as the result of usyour failure to follow this agreement. You authorize us to deduct any such losses, our employeescosts, or agents following the instructions of expenses from your account without prior notice to you. If we bring a legal proceeding to collect any Joint Owner. Each Joint Owner further agrees that amount due under or to enforce this agreement, we shall not be under any duty or obligation entitled, subject to inquire into the purpose or propriety of any such demand for delivery of securities or applicable law, to payment of moniesreasonable attorney’s fees and costs, including fees on any appeal, bankruptcy proceedings, and any post judgment collection actions.

Appears in 2 contracts

Sources: Membership/Account Agreement, Membership/Account Agreement

Joint Accounts. In GeneralIf your Account is in two or more names, if this it is a Joint joint Account. Each joint owner has the right to withdraw any or all of the funds from the Account, each signer (“Joint Owner”) of this Agreement agrees that all Joint Owners are jointly and severally liable for all obligations arising under close the Agreement. Each Joint Owner agrees that each other Joint Owner shall have the authority to give instructions to us regarding the Joint Account, to communicate and receive information from enter into agreements with us concerning the Joint Account, and otherwise give us instructions regarding the Account. Upon the death of any joint owner, the funds in the Account will pass to the surviving joint owner or owners. Applicable State law may require additional acts or documents before funds may be released. If we receive conflicting instructions from the joint owners, we will have the right to refuse further payments except on behalf a final court order or a release acceptable to us and signed by all joint owners. Each joint owner appoints the other as his or her agent to endorse checks and conduct business for the Account. We may be required by law to remit funds held in your Account to satisfy a judgment, execute a levy or court order entered against an Account owner, or to satisfy other valid debts incurred by any owner of the Joint Account. If we make payment following these rules, you release us from liability. If in connection with the Account securities and/or other property and there is any liability owed to dispose us, such as an overdraft balance, each joint owner will be individually responsible to us for the entire amount of samethe liability. If one or more of the joint owners owes us money that is due, we can, to make on behalf the extent permitted by law, use the funds in the joint Account to pay the debt, regardless of who deposited the funds to the Account. Once a joint Account is opened, one owner cannot remove another from title of the Joint Account. Any joint owner may, however, close the Account agreements relating to any by withdrawing all of the foregoing matters and funds. We may require you to close an Account in order to remove a joint owner, terminate a joint ownership, switch the account type, or modify change a pay-on-death or waive any of trust designation. The joint owner whose address we have on our records for the provisions of such agreements and generally Account agrees to deal with us on behalf of the Joint Account, all without providing notice provide to the other Joint Owners. Each Joint Owner agrees joint owner(s) any notice we send to that we are authorized to follow the instructions of any other Joint Owner in every respect concerning the Joint Account and to make deliveries to any Joint Owner, or upon instructions by any Joint Owner, of any securities and/or other property in the Joint Accountaddress, and notice to make payments to any Joint Owner, or upon orders of any Joint Owner, of any or all monies at any time or from time to time as such Joint Owner may order and direct, even if such deliveries and/or payments one joint owner shall be made notice to such Joint Owner personally, and not for the Joint Account. Each Joint Owner agrees to hold us and our employees and agents harmless from and indemnify the same against any losses, causes of action, damages, and expenses (including attorneys’ fees) arising from or as the result of us, our employees, or agents following the instructions of any Joint Owner. Each Joint Owner further agrees that we shall not be under any duty or obligation to inquire into the purpose or propriety of any such demand for delivery of securities or payment of moniesall.

Appears in 2 contracts

Sources: Terms and Conditions Agreement, Terms and Conditions Agreement

Joint Accounts. In General, if If this Account is a Joint Accountmaintained in the name of two or more persons, each signer (“Joint Owner”) of this Agreement Account holder agrees that all Joint Owners are to be individually and jointly and severally liable for all obligations arising under the this Agreement. Joint Accounts may not be offered at this time. Each Joint Owner agrees that each Accountholder will have authority, acting individually, and without notice to any other Joint Owner shall have the authority Accountholder, to give instructions to us regarding the Joint Accountinstructions, to communicate buy, sell, and receive information from us concerning the Joint Accountotherwise deal in Securities and/or Other Property, to receive on behalf of the Joint Account securities and/or other property and to dispose of same, to make on behalf of the Joint Account agreements relating to any of the foregoing matters and to terminate or modify or waive any of the provisions of such agreements and generally to deal with us on behalf of the Joint Account, all without providing notice with regard to the other Joint OwnersAccount as fully and completely as if each Accountholder alone were interested in the Account. Each Joint Owner agrees that we are authorized You authorize us to follow the instructions of any other Joint Owner in every respect concerning the Joint Account Accountholder and to make deliveries deliver funds, securities, or other assets held in the Account to any Joint Owner, Accountholder or upon instructions by in accordance with any Joint Owner, of any securities and/or other property in the Joint Account, and to make payments to any Joint Owner, or upon orders of any Joint Owner, of any or all monies at any time or from time to time as such Joint Owner may order and directAccountholder's instructions, even if such deliveries and/or payments shall be made to such Joint Owner any of you personally, and not for the Joint Account. Each You further authorize us to receive into the Account any Securities and/or Other Property delivered to it by or for either of you without delineation as to actual ownership of the property. In any situation where we cannot determine to our satisfaction the proper distribution of property from a Joint Owner agrees Account upon the death of one owner, we may, at our sole discretion, freeze the Account indefinitely pending a resolution deemed satisfactory to hold us and our employees and agents harmless from and indemnify or a final decision of an arbitrator or court having jurisdiction over the same against any losses, causes of action, damages, and expenses (including attorneys’ fees) arising from or as the result of us, our employees, or agents following the instructions of any Joint Ownermatter. Each Joint Owner further agrees that we shall We are not be under any duty or obligation to inquire into responsible for determining the purpose or propriety of any such demand instruction we receive from any Accountholder or for delivery the disposition of securities payments or payment deliveries among joint Accountholders. Any notice we send to one Accountholder will be deemed to be notice to all Accountholders. You further authorize us to receive into the Account any Securities and/or Other Property delivered to us by or for any Accountholder without delineation as to actual ownership of moniesthe property. At any time, we may, in our sole discretion, require joint or collective action by all Accountholders. You authorize us, in our sole discretion, to do any one or more of the following: (i) select which instructions to follow; (ii) suspend all activity in the Joint Account, except upon further written instructions signed by all of you or upon instructions of a court; (iii) close the Joint Account and send any and all assets by ordinary mail to the address of record; or (iv) file an interpleader action, in which event we shall be entitled to recover all costs including reasonable attorneys' fees in an amount set by the court. Filing an interpleader action, however, will not serve as a waiver of our right to arbitration. If upon the death of one or more of the Accountholders, we cannot determine to our satisfaction the proper distribution of property from a Joint Account, we may, at our sole discretion, freeze the Account indefinitely pending a satisfactory resolution or final decision of an arbitrator or court having jurisdiction over the matter. Laws governing joint ownership of property vary from state to state. You are responsible forverifying that the joint registration you select is valid in your state. Generally, however, for joint tenants with rights of survivorship, in the event of the death of any of the tenants, the entire interest in the joint Account shall be vested in the surviving joint tenant(s) on the same terms and conditions. For tenants in common, the interest in each tenancy shall be equal unless specified otherwise and in the event of the death of any of the tenants in common, the interest in their share of the tenancy shall vest in the decedent's legal representative. State laws regulating community property vary. If you designate your Account as a community property account, we will treat all property in the Account and any proceeds in the Account as community property. You should consult your personal legal advisor regarding the community property laws of your state of residence.

Appears in 2 contracts

Sources: Account Agreement, Account Agreement

Joint Accounts. In GeneralIf you designate a joint owner on an account, this designation applies to all funds, excluding an initial $5 membership in a primary share account. If there is more than one owner on this account, all monies credited to it, including dividends, shall be the property of the owners as joint tenants, and not as tenants in common. You each authorize us to pay any and all funds deposited without reference to the original ownership of the funds so deposited. If an item deposited in a joint account is returned unpaid, or if this we do not receive final payment on a transaction, the owners, jointly and severally, are liable to us for the amount of the returned item, overdraft, or unpaid amount and any charges, regardless of who initiated or benefitted from the transaction. If any account owner is a Joint Accountindebted to us, each signer (“Joint Owner”we may enforce our rights against any account of the indebted owner, including all funds in the joint account, regardless of who contributed the funds. Withdrawals may be made by any owner, and in the case of death, funds may be withdrawn by the survivor(s). If two or more of you survive, you intend and agree that you hold the balance in the account as joint owners with survivorship and not as tenants in common. If the survivor(s) are not eligible for primary membership in Wings Financial, the account will be closed. When we receive notice of the death or incompetence of any one of you, we may, but are not obligated to, restrict or prohibit further withdrawals until we are satisfied that our obligations under the law and this Agreement agrees have been met. A surviving owner’s interest is subject to Wings’ statutory lien for the deceased owner’s obligations, and to any security interest or pledge granted by a deceased owner, even if the surviving owner did not consent to it. Instructions to remove one of the joint owners from the account or to restrict its use by any one of the joint owners may only be made by the person whose name is to be removed or whose use of the account is to be restricted. If the joint owner does not consent to such removal, the primary member will need to close the joint account and open a new account in their individual name. We may close the account on the instruction of any one of the joint owners or any one of the joint owners’ legal representative(s) without the other joint or primary owner’s consent. However, a joint may not close out a primary member’s Share Savings Account. In the event of setoff, the enforcement of a security interest, or legal action, including levy, garnishment or seizure affecting any owner, we may treat all funds in the account as belonging to the affected owner. Each joint owner shall have access to any line-of-credit loan attached to an account as overdraft protection and each owner will be liable to Wings, regardless of which owner causes access to the line-of-credit. If, at any time, Wings has notice of an action of law, commenced or pending between account owners, Wings may refuse withdrawals by any owner, except upon a court order. We reserve the right to limit the products and services that all Joint Owners are available to minors. For accounts opened for a minor, a parent or legal guardian, as approved by us, must be a joint owner on the account. The parent or legal guardian is jointly and severally liable to us for all obligations arising the account, including but not limited to, any returned item, overdraft, or unpaid charges or amounts on such account. A parent or legal guardian must provide the required taxpayer identification certification. Wings may pay funds directly to the minor without regard to his or her minority and has no duty to inquire as to the use or purpose of any transaction by the minor. A parent or legal guardian will only have account access if they are joint owner of the account. We will not automatically remove the joint owner when the minor reaches the age of majority. However, when the minor reaches the age of majority, they may open new accounts in their name alone. A custodial account may be opened under the AgreementUniform Transfers to Minors Act (UTMA) of Minnesota. Each Joint Owner agrees that The minor must be eligible for Wings membership. We will only open Custodial accounts if either the minor or the custodian has had an existing relationship, in good standing, with us for the past six months. A guardian or parent must provide the required taxpayer identification certification. There may be only one custodian and one minor for each other Joint Owner shall have account. Accounts are opened in the authority to give instructions to us regarding the Joint Account, to communicate name and receive information from us concerning the Joint Account, to receive on behalf social security number of the Joint Account securities and/or other property minor with a designated custodian. Unless a Court Order states otherwise, only the custodian may withdraw funds from the account or close the account until the custodial arrange- ment terminates by law and to dispose of same, to make on behalf of the Joint Account agreements relating to any of the foregoing matters and to terminate or modify or waive any of the provisions of such agreements and generally to deal with us on behalf of the Joint Account, all without providing notice funds are transferred to the other Joint Ownersminor by the custodian. Each Joint Owner agrees that We will have no liability or responsibility to the custodian, the minor, or the minor’s legal representative(s) or anyone else if we are authorized to follow the instructions of a named custodian or successor custodian. At the time the account is established, or any other Joint Owner in every respect concerning time afterwards, the Joint Account and custodian may name a successor custodian. A successor custodian has no authority to make deliveries transactions or receive information regarding a custodial account until the death or resignation of the custodian. If the custodian dies, we may suspend the account until we receive instructions from any person authorized by law to any Joint Ownerwithdraw the funds, or upon instructions by any Joint Ownerfrom a court order. We are not responsible to monitor the age or eligibility for a Custodial Account, even though our records indicate the minor’s date of any securities and/or other property birth. It is the custodian’s responsibility to properly distribute the funds in the Joint Account, and to make payments to any Joint Owner, account upon the minor’s death or upon orders attainment of any Joint Owner, the age of any or all monies at any time or from time to time as such Joint Owner may order and direct, even if such deliveries and/or payments shall be made to such Joint Owner personally, and not for the Joint Account. Each Joint Owner agrees to hold us and our employees and agents harmless from and indemnify the same against any losses, causes of action, damages, and expenses (including attorneys’ fees) arising from or as the result of us, our employees, or agents following the instructions of any Joint Owner. Each Joint Owner further agrees that we shall not be under any duty or obligation to inquire into the purpose or propriety of any such demand for delivery of securities or payment of moniesmajority.

Appears in 2 contracts

Sources: Account Agreement, Account Agreement

Joint Accounts. In GeneralIf two or more parties have signed an Application and Agreement with respect to one or more accounts, if this is you are creating, and intend to create, a Joint Account"joint tenancy with rights of survivorship." That is, each signer (“Joint Owner”) you as the owners of this Agreement agrees the account agree with yourselves and the Credit Union that all Joint Owners are sums paid in shares or other deposits (as applicable), together with all accumulations, prior to now or hereafter, less setoffs as allowed by law for any sums due the Credit Union by any party, shall be owned by all of you jointly with full right of survivorship, and severally liable for shall be subject to withdrawal or receipt by any of you in whole or in part. Unless previously designated, such joint designation shall apply to all obligations arising sub accounts under the Agreementyour member number. Each Joint Owner agrees that each other Joint Owner shall have the authority to give instructions to us regarding the Joint Account, to communicate and receive information from us concerning the Joint Account, to receive on behalf of the Joint Account securities and/or other property and to dispose of same, to make on behalf of the Joint Account agreements relating Payment to any of you or the foregoing matters survivor(s) of you, or the personal representative, administrator or assign of the last survivor of you, shall be valid and discharge the Credit Union from any liability for such payment and amount. Each signer appoints each other signer to be his or her irrevocable attorney in fact: to make deposits to the account; to endorse, for cash or deposit, any checks or other items whether payable to one of the signers alone or with others; and to terminate or modify or waive any of the provisions of such agreements receive and generally to deal with us on behalf of the Joint Account, receipt for all funds all without providing notice obligation to the other Joint Owners. Each Joint Owner agrees that we are authorized to follow the instructions of any other Joint Owner in every respect concerning the Joint Account and to make deliveries to any Joint Owner, or upon instructions by any Joint Owner, of any securities and/or other property in the Joint Account, and to make payments to any Joint Owner, or upon orders of any Joint Owner, of any or all monies at any time or from time to time as such Joint Owner may order and direct, even if such deliveries and/or payments shall be made to such Joint Owner personally, and not for the Joint Account. Each Joint Owner agrees to hold us and our employees and agents harmless from and indemnify the same against any losses, causes of action, damages, and expenses (including attorneys’ fees) arising from or as the result of us, our employees, or agents following the instructions of any Joint Owner. Each Joint Owner further agrees that we shall not be under any duty or obligation to inquire into the purpose source or propriety application of funds. To induce us to act hereunder, each person signing the Membership Application and Agreement jointly and singly agrees to hold the Credit Union harmless and indemnify us from loss, cost, and damage in all respects in connection with any of the foregoing, including court costs and attorneys’ fees, except as may be limited by applicable law. Unless specifically prohibited in writing from doing so, any or all of the joint owners may pledge all or part of the shares or deposits in the account as collateral for security on a loan(s). Any owner who is a surviving owner agrees that the Credit Union to the extent allowed by law may set off any money in the account against any obligation of a deceased owner within thirty days after the Credit Union becomes aware of the deceased owner’s death unless such demand a setoff would not have been allowed during the deceased individual’s lifetime (such as would be the case with certain tax favored accounts). All owners who are surviving owners also agree that their interests in the account are subject to any security interest or pledge granted by a deceased owner, even if they individually did not consent to it. No authority or obligation of the Credit Union may be changed or terminated by one or more of the joint owners without prior written notice to the Credit Union, and no such change or termination shall affect transactions already made. Further, each joint owner is subject to the terms and disclosures of this Agreement, and hereby acknowledges receipt of the Agreement. We may refuse to authorize a withdrawal from a joint account when we have knowledge of a dispute between the joint accountholders until the matter is resolved. If a deposited item in a joint account is returned unpaid, the account is overdrawn, or if the Credit Union does not receive final payment on a transaction, the owners, jointly and severally, are liable to the Credit Union for delivery the amount of securities the returned item, overdraft, or payment unpaid amount and any charges, regardless of monieswho initiated or benefited from the transaction. If any account owner is indebted to the Credit Union, the Credit Union may enforce its rights against any account of an owner or all funds in the joint account regardless of who contributed them. Except as modified in this Agreement, joint accounts shall be subject to and governed by PA 41 of the Public Acts of 1968 (Michigan), as amended, being M.C.L. 490.51 et seq., and commonly known as the Credit Union Multiple-Party Accounts Act. An account owned by a person that is not a natural person (that is, an account owned by a corporation or other legal entity or by a trust) may not have joint owners.

Appears in 2 contracts

Sources: Membership/Account Agreement, Membership/Account Agreement

Joint Accounts. In General, A joint account is an account that is owned by two or more individuals with right of survivorship. You agree that if this your account was opened by two or more individuals it is a Joint Accountjoint account, unless you have given the Bank written instructions to the contrary. If yours is a joint account, you agree that (unless you elected, in the Account Application, not to exercise signing authority when acting alone) any one of the account owners may endorse, deposit, or cash checks which are payable to any or all of the account owners and any of the account owners is authorized to act for the others (and the Bank may accept instructions regarding the account from any of them). Each of you will be liable to the Bank for all charges and overdrafts created in this account. In effect (unless you elected, in the Account Application, not to exercise signing authority when acting alone), any of the account owners may control the account as if it were owned by that account owner individually. If a check is returned unpaid, each signer (“Joint Owner”of you is liable to the Bank regardless of who deposited or cashed the check. Upon the death of any of you, the monies on deposit or other assets in the account will belong to the survivor(s). The Bank may require the survivor(s) to produce legal documents before releasing the monies on deposit or other assets, however, and may condition any such release upon the full satisfaction of the requirements of Section 7 of this Agreement agrees that all Joint Owners are jointly and severally liable for all obligations arising under the Agreement. Each Joint Owner agrees that each other Joint Owner shall have the authority to give instructions to us of you may approve statements of account and obtain information regarding the Joint Accountaccount, to communicate and receive information from us concerning may order payment stopped on any items drawn against the Joint Account, to receive on behalf of the Joint Account securities and/or other property and to dispose of same, to make on behalf of the Joint Account agreements relating to any of the foregoing matters and to terminate or modify or waive any of the provisions of such agreements and generally to deal with us on behalf of the Joint Account, all without providing notice to the other Joint Ownersaccount. Each Joint Owner agrees that we are authorized of you (unless you elected, in the Account Application, not to follow the instructions of any other Joint Owner in every respect concerning the Joint Account and to make deliveries to any Joint Ownerexercise signing authority when acting alone) may pledge, assign, or upon instructions by any Joint Owner, of any securities and/or other property grant a security interest in the Joint Account, and to make payments to any Joint Owner, account or upon orders of any Joint Owner, of any or all monies amounts therein (whether to secure indebtedness of the signatory or of one or more third parties), may otherwise deal with any securities and other property at any time or from time times held by the Bank and belonging to time as such Joint Owner may order and direct, even if such deliveries and/or payments shall be made to such Joint Owner personallyyou, and not for may issue checks and drafts against the Joint Accountaccount. Each Joint Owner agrees Although the Bank has no obligation to hold us and our employees and agents harmless from and indemnify notify any one or more of you regarding any change to or other action concerning the same against account made or taken by another of you, the Bank may, notwithstanding any lossesother provisions of this paragraph, causes require the signatures of actionall of you in order to pay any item, damages, and expenses (including attorneys’ fees) arising from permit any transfer or as the result other disposition of us, our employeesfunds, or agents following take any other action relating to the account, if the Bank has received conflicting demands or instructions from any two or more of you, has received an instruction signed by less than all of you seeking to change the title of (or restrict the payment, withdrawal, or other disposition of funds in) the account, or has concluded for any other reason, in the Bank’s discretion, that it is prudent to require the signatures of all of you. In the event of the death of all of you, the Bank is authorized to transfer or pay any monies in the account to or to the order of any Joint Owner. Each Joint Owner further agrees that we shall not be under any duty personal representative or obligation to inquire into the purpose or propriety executor of any one of you (without regard to the original ownership of the monies deposited); provided, however, that the Bank may condition any such demand for delivery payment upon the full satisfaction of securities or payment the requirements of moniesSection 7 below.

Appears in 2 contracts

Sources: General Account Terms and Conditions, General Account Terms and Conditions

Joint Accounts. In GeneralExcept for accounts designated as Multiple Signatures Required Accounts, if this is the following paragraph applies: If two or more parties have signed an Application and Agreement with respect to one or more accounts, you are creating, and intend to create, a Joint Account"joint tenancy with rights of survivorship." That is, each signer (“Joint Owner”) you as the owners of this Agreement agrees the account agree with yourselves and the Credit Union that all Joint Owners are sums paid in shares or other deposits (as applicable), together with all accumulations, prior to now or hereafter, less setoffs as allowed by law for any sums due the Credit Union by any party, shall be owned by all of you jointly with full right of survivorship, and severally liable for shall be subject to withdrawal or receipt by any of you in whole or in part. Unless previously designated, such joint designation shall apply to all obligations arising sub accounts under the Agreementyour member number (excluding ▇▇▇ accounts which cannot be joint accounts). Each Joint Owner agrees that each other Joint Owner shall have the authority to give instructions to us regarding the Joint Account, to communicate and receive information from us concerning the Joint Account, to receive on behalf of the Joint Account securities and/or other property and to dispose of same, to make on behalf of the Joint Account agreements relating Payment to any of you or the foregoing matters survivor(s) of you, or the personal representative, administrator or assign of the last survivor of you, shall be valid and discharge the Credit Union from any liability for such payment and amount. Each signer appoints each other signer to be his or her irrevocable attorney in fact: to make deposits to the account; to endorse, for cash or deposit, any checks or other items whether payable to one of the signers alone or with others; and to terminate or modify or waive any of the provisions of such agreements receive and generally to deal with us on behalf of the Joint Account, receipt for all funds all without providing notice obligation to the other Joint Owners. Each Joint Owner agrees that we are authorized to follow the instructions of any other Joint Owner in every respect concerning the Joint Account and to make deliveries to any Joint Owner, or upon instructions by any Joint Owner, of any securities and/or other property in the Joint Account, and to make payments to any Joint Owner, or upon orders of any Joint Owner, of any or all monies at any time or from time to time as such Joint Owner may order and direct, even if such deliveries and/or payments shall be made to such Joint Owner personally, and not for the Joint Account. Each Joint Owner agrees to hold us and our employees and agents harmless from and indemnify the same against any losses, causes of action, damages, and expenses (including attorneys’ fees) arising from or as the result of us, our employees, or agents following the instructions of any Joint Owner. Each Joint Owner further agrees that we shall not be under any duty or obligation to inquire into the purpose source or propriety application of funds. To induce us to act hereunder, each person signing the Membership and Account Application jointly and singly agrees to hold the Credit Union harmless and indemnify us from loss, cost, and damage in all respects in connection with any of the foregoing, including court costs and attorneys’ fees, except as may be limited by applicable law. Unless specifically prohibited in writing from doing so, any or all of the joint owners may pledge all or part of the shares or deposits in the account as collateral for security on a loan(s). Any owner who is a surviving owner agrees that the Credit Union to the extent allowed by law may set off any money in the account against any obligation of a deceased owner within thirty days after the Credit Union becomes aware of the deceased owner’s death unless such demand a setoff would not have been allowed during the deceased individual’s lifetime (such as would be the case with certain tax favored accounts). All owners who are surviving owners also agree that their interests in the account are subject to any security interest or pledge granted by a deceased owner, even if they individually did not consent to it. No authority or obligation of the Credit Union may be changed or terminated by one or more of the joint owners without prior written notice to the Credit Union, and no such change or termination shall affect transactions already made. Further, each joint owner is subject to the terms and disclosures of this Agreement, and hereby acknowledges receipt of the Agreement. We may refuse to authorize a withdrawal from a joint account when we have knowledge of a dispute between the joint accountholders until the matter is resolved. If an account is designated as a Multiple Signatures Required Account, the following paragraph applies: If two or more parties have signed a Membership and Account Application you are creating, and intend to create, a "joint tenancy with rights of survivorship." That is, you as the owners of the account agree with yourselves and the Credit Union that all sums paid in shares or other deposits (as applicable), together with all accumulations, prior to now or hereafter, less setoffs as allowed by law for delivery any sums due the Credit Union by any party, shall be owned by all of securities you jointly with full right of survivorship. It is agreed that at least two (2) of the joint owners must sign any request for a withdrawal and that transactions on the account may only be conducted in person at the Credit Union’s office. All but not less than all of the joint owners may pledge all or part of the shares or deposits in the account as collateral for security on a loan(s). No authority or obligation of the Credit Union may be changed or terminated by one or more of the joint owners without the consent of all living joint owners and prior written notice to the Credit Union, and no such change or termination shall affect transactions already made. Further, each joint owner is subject to the terms and disclosures of this Agreement, and hereby acknowledges receipt of the Agreement. If a deposited item in a joint account is returned unpaid, the account is overdrawn, or if the Credit Union does not receive final payment on a transaction, the owners, jointly and severally, are liable to the Credit Union for the amount of moniesthe returned item, overdraft, or unpaid amount and any charges, regardless of who initiated or benefited from the transaction. If any account owner is indebted to the Credit Union, the Credit Union may enforce its rights against any account of an owner or all funds in the joint account regardless of who contributed them. Except as modified in this Agreement, joint accounts shall be subject to and governed by PA 41 of the Public Acts of 1968 (Michigan), as amended, being M.C.L. 490.51 et seq., and commonly known as the Credit Union Multiple-Party Accounts Act. An account owned by a person that is not a natural person (that is, an account owned by a corporation or other legal entity or by a trust) may not have joint owners.

Appears in 2 contracts

Sources: Account Agreement, Account Agreement

Joint Accounts. In General, if a. If this is a Joint Account, each signer (“Joint Owner”) of this Agreement agrees that all Joint Owners are jointly and severally liable for all obligations arising under the Agreement. Each Joint Owner agrees we agree that each other Joint Owner of us shall have the authority to give instructions to us regarding the Joint Account, to communicate and receive information from us concerning the Joint Account, to receive on behalf of the Joint Account securities and/or account to buy, sell (including short sales), and otherwise deal in, through you as brokers, securities, options or other property on margin or otherwise; to receive for the account, confirmations, statements and communications of every kind; to receive for the account and to dispose of samemoney, securities and other property; to make on behalf of make, terminate, or modify for the Joint Account account, agreements relating to any of the foregoing these matters and to terminate or modify or waive any of the provisions of such agreements agreements; and generally to deal with you as if each of us on behalf of alone were the Joint Accountaccount owner, all without providing notice to the other Joint Ownersaccount owners. We agree that notice to any account owner shall be deemed to be notice to all account owners. Each Joint Owner agrees that we are authorized to account owner shall be jointly and severally liable for this account. b. You may follow the instructions of any other Joint Owner in every respect of us concerning the Joint Account this account and to make deliveries to any Joint Owner, or upon instructions by any Joint Ownerof us, of any or all securities and/or or other property in the Joint Accountthis account, and to make payments to any Joint Owner, or upon orders of any Joint Ownerus, of any or all monies at in this account as any time or from time to time as such Joint Owner of us may order and direct, even if such deliveries and/or payments shall be made to such Joint Owner personally, and not for the Joint Accountone of us personally or to third parties. Each Joint Owner agrees to hold us and our employees and agents harmless from and indemnify the same against any losses, causes of action, damages, and expenses (including attorneys’ fees) arising from or as the result of us, our employees, or agents following the instructions of any Joint Owner. Each Joint Owner further agrees that we You shall not be under any duty or no obligation to inquire into the purpose or propriety of any such demand for delivery of securities securities, property, or payment of monies, and you shall not be bound to see to the application or disposition of the said securities, property and/or monies so delivered or paid to any of us. Notwithstanding the foregoing, you are authorized, in your discretion, to require joint action by the joint tenants with respect to any matter concerning the joint account, including the giving or cancellation of orders and the withdrawal of monies, securities or other property. c. In the event of the death of any of us, the survivor(s) shall immediately give you written notice thereof, and you may, before or after receiving such notice, take such proceedings, require such documents, retain such portion of the account and/or restrict transactions in the account as you may deem advisable to protect you against any tax, liability, penalty or loss under any present or future laws or otherwise. The estate of any of us who shall have died shall be liable and each survivor will be liable, jointly and severally, to you for any debt or loss in this account resulting in the liquidation of the account or the adjustment of the interests of the respective parties. d. Any taxes or other expenses becoming a lien against or being payable out of the account as a result of the death of any of us, or through the exercise by his or her estate or representatives of any rights in the account shall be chargeable against the interest of the survivor(s) as well as against the interest of the estate of the decedent. This provision shall not release the decedent’s estate from any liability provided for in this agreement. e. DESIGNATION OF TENANCY (This paragraph “21(e)” is not applicable in the State of Texas, where form no. 3882 “Texas Joint Account Supplement….” Must be executed and returned with this agreement to you.). You may presume that it is the express intention of us to create an estate or account as joint tenants with the rights of survivorship and not as tenants-in-common, unless otherwise provided by striking this paragraph and executing a separate Tenancy- in-Common form and returning it to you. In the event of the death of either or any of us, the entire interest in the joint account shall be vested in the survivor(s) on the same terms and conditions as theretofore held, without in any manner releasing the decedent’s estate from the liability.

Appears in 2 contracts

Sources: Client Margin Agreement, Client Margin Agreement

Joint Accounts. In General, if a. If this is a Joint Account, each signer (“Joint Owner”) of this Agreement agrees that all Joint Owners are jointly and severally liable for all obligations arising under the Agreement. Each Joint Owner agrees we agree that each other Joint Owner of us shall have the authority to give instructions to us regarding the Joint Account, to communicate and receive information from us concerning the Joint Account, to receive on behalf of the Joint Account securities and/or account to buy, sell (including short sales), and otherwise deal in, through you as brokers, securities, options or other property on margin or otherwise; to receive for the account, confirmations, statements and communications of every kind; to receive for the account and to dispose of samemoney, securities and other property; to make on behalf of make, terminate, or modify for the Joint Account account, agreements relating to any of the foregoing these matters and to terminate or modify or waive any of the provisions of such agreements agreements; and generally to deal with you as if each of us on behalf of alone were the Joint Accountaccount owner, all without providing notice to the other Joint Ownersaccount owners. We agree that notice to any account owner shall be deemed to be notice to all account owners. Each Joint Owner agrees that we are authorized to account owner shall be jointly and severally liable for this account. b. You may follow the instructions of any other Joint Owner in every respect of us concerning the Joint Account this account and to make deliveries to any Joint Owner, or upon instructions by any Joint Ownerof us, of any or all securities and/or or other property in the Joint Accountthis account, and to make payments to any Joint Owner, or upon orders of any Joint Ownerus, of any or all monies at in this account as any time or from time to time as such Joint Owner of us may order and direct, even if such deliveries and/or payments shall be made to such Joint Owner personally, and not for the Joint Accountone of us personally or to third parties. Each Joint Owner agrees to hold us and our employees and agents harmless from and indemnify the same against any losses, causes of action, damages, and expenses (including attorneys’ fees) arising from or as the result of us, our employees, or agents following the instructions of any Joint Owner. Each Joint Owner further agrees that we You shall not be under any duty or no obligation to inquire into the purpose or propriety of any such demand for delivery of securities securities, property, or payment of monies, and you shall not be bound to see to the application or disposition of the said securities, property and/or monies so delivered or paid to any of us. Notwithstanding the foregoing, you are authorized, in your discretion, to require joint action by the joint tenants with respect to any matter concerning the joint account, including the giving or cancellation of orders and the withdrawal of monies , securities or other property. c. In the event of the death of any of us, the survivor(s) shall immediately give you written notice thereof, and you may, before or after receiving such notice, take such proceedings, require such documents, retain such portion of the account and/or restrict transactions in the account as you may deem advisable to protect you against any tax, liability, penalty or loss under any present or future laws or otherwise. The estate of any of us who shall have died shall be liable and each survivor will be liable, jointly and severally, to you for any debt or loss in this account resulting in the liquidation of the account or the adjustment of the interests of the respective parties. d. Any taxes or other expenses becoming a lien against or being payable out of the account as a result of the death of any of us, or through the exercise by his or her estate or representatives of any rights in the account shall be chargeable against the interest of the survivor(s) as well as against the interest of the estate of the decedent. This provision shall not release the decedent’s estate from any liability provided for in this agreement. e. DESIGNATION OF TENANCY (This paragraph “21(e)” is not applicable in the State of Texas, where form no. 3882 “Texas Joint Account Supplement….” Must be executed and returned with this agreement to you.). You may presume that it is the express intention of us to create an estate or account as joint tenants with the rights of survivorship and not as tenants-in-common, unless otherwise provided by striking this paragraph and executing a separate Tenancy-in-Common form and returning it to you. In the event of the death of either or any of us, the entire interest in the joint account shall be vested in the survivor(s) on the same terms and conditions as theretofore held, without in any manner releasing the decedent’s estate from the liability.

Appears in 1 contract

Sources: Brokerage Agreement

Joint Accounts. In General, if If this is a Joint Accountjoint account, each signer (Joint Owner”) of this Agreement agrees that I” also refers to all Joint Owners are account holders, jointly and severally liable for all obligations arising under the Agreementseverally. Each Joint Owner agrees All account holders agree that each other Joint Owner shall have the any account holder has authority to give instructions to us regarding the Joint Account, to communicate and receive information from us concerning the Joint Account, to receive on behalf of the Joint Account joint account to: • Buy, sell (including short sales), and otherwise deal in stock, bonds, options, and other eligible securities and/or or other investments on margin or otherwise. • Receive notices, confirmations, account statements, and shareholder and any other communications of every kind; and consent to the electronic delivery of such communications in accordance with terms of the Electronic Delivery Agreement, which is incorporated by reference herein. • Receive money, securities, and property of every kind, and to dispose of same, to make the same on behalf of the Joint Account joint account. • Make agreements relating to any of the foregoing matters matters, and to terminate or modify terminate, modify, or waive any of the provisions of such agreements and generally to deal with us the Agreement on behalf of the Joint Account, all joint account. • Deal with Fidelity as fully and completely as if he (she) alone were interested in this account and without providing notice to the other Joint Ownersaccount participants. Each Joint Owner agrees that we • Elect and terminate account-related products and services. All obligations and liabilities arising under this account are joint and several and may be enforced by Fidelity against any or all account holders. Fidelity is authorized to follow the instruction in every respect of any joint account holder without notice to any other account holder, and to deliver any or all monies, securities, or other property to any joint account holder upon the instructions of any other Joint Owner in every respect concerning the Joint Account and to make deliveries joint account holder, or to any Joint Owner, or other duly authorized person upon instructions by any Joint Owner, of any securities and/or other property in the Joint Account, and to make payments to any Joint Owner, or upon orders of any Joint Owner, of any or all monies at any time or from time to time as such Joint Owner may order and directinstructions, even if such deliveries and/or payments shall be made delivery or payment is to such Joint Owner personally, that joint account holder personally and not for to the Joint Accountother(s). Each Joint Owner agrees to hold us and our employees and agents harmless from and indemnify the same against any losses, causes of action, damages, and expenses (including attorneys’ fees) arising from or as the result of us, our employees, or agents following the instructions of any Joint Owner. Each Joint Owner further agrees that we shall not Fidelity will be under any duty or no obligation to inquire into the purpose or propriety of any such demand for delivery of securities or payment and is not bound to inquire into the disposition or application of moniessuch delivery or payment. This authority remains in force until written notice to the contrary is addressed and delivered to Fidelity. Fidelity, in its sole discretion and for its sole protection, may terminate the account upon receipt of such notice and may require the written consent of all account holders prior to acting upon the instruction of any account holder. Laws governing joint ownership of property vary from state to state. I understand that I am responsible for verifying that the joint registration I select is valid in my state. Generally, however, for joint tenants with rights of survivorship, in the event of the death of either tenant, the entire interest in the joint account shall be vested in the surviving joint tenant(s) on the same terms and conditions. For tenants in common, joint tenants are responsible for maintaining records of the percent of ownership. In the event of death of either tenant, the interest in their shares of the tenancy shall vest in the decedent’s legal representative. Fidelity will take instruction from any joint tenants as if from all joint tenants, but Fidelity reserves the right to require all parties to authorize a transaction. State laws regulating community property vary. I will consult my own legal advisor.

Appears in 1 contract

Sources: Retirement Account Client Agreement

Joint Accounts. In GeneralIf more than one individual has entered into terms and conditions relating to the Account or completed a personal account application form, if this is then the Account shall be a "Joint Account, " and each signer (“Joint Owner”) individual signatory shall be a Customer for the purposes of this Agreement agrees that all Joint Owners are Agreement. Each Customer shall be jointly and severally liable (in Quebec, solidarily) to the Bank to perform all the obligations, be liable for all obligations arising under the Agreement. Each Joint Owner agrees that each other Joint Owner shall have the authority liabilities related to give instructions to us regarding the Joint Account, to communicate and receive information from us concerning the Joint Account, to receive on behalf of the Joint Account securities and/or under this Agreement and shall agree to all the terms and conditions in this Agreement, irrespective of which signatory to the Account undertook the obligation or incurred the liability. Each Customer shall have access to historical and current transaction details or any other property and to dispose of same, to make on behalf of the Joint Account agreements details relating to any of the foregoing matters and to terminate or modify or waive any of the provisions of such agreements and generally to deal with us on behalf of the Joint Account, all without providing notice to the other Joint Owners. Each Joint Owner agrees that we are authorized to follow the instructions of any other Joint Owner in every respect concerning the Joint Account and to make deliveries to any Joint Owner, or upon instructions by any Joint Owner, of any securities and/or other property in the Joint Account, and to make payments to each Customer agrees that the other may have the same access. Each Customer expressly intends and agrees that any interest in the Joint Owner, or upon orders of any Joint Owner, of any or all monies at any time or from time to time as such Joint Owner may order and direct, even if such deliveries and/or payments Account shall be made to such Joint Owner personallyowned by them as joint tenants with full rights of survivorship, and not for as tenants-in-common, and that the Bank is entitled to treat any interest in the Joint AccountAccount in this manner. The Bank may accept any instructions from either Customer, including honouring an Instrument, processing transactions in connection with Electronic Banking Services and Online Banking Services described below, or accepting any direction in respec t of the Joint Account without requiring the authorization or consent of the other Customer, subject to any written instructions by both Customers to the contrary. Each Customer agrees that if one Customer is removed from the Joint Owner agrees Account by agreement of both Customers, or in the sole discretion of the Bank, acting reasonably, the Joint Account shall be closed. If either Customer dies, the deceased Customer's interest in the Joint Account shall pass automatically to hold us and our employees and agents harmless the surviving Customer, without releasing the deceased Customer or their estate from and indemnify the same against any losses, causes of action, damages, and expenses (including attorneys’ fees) liability arising from or as the result Joint Account until such time that the Bank has received satisfactory evidence of us, our employees, or agents following the instructions of any Joint Ownerdeath. Each Joint Owner further agrees that we The Bank shall not be under liable for any duty loss, damages or obligation to inquire into legal costs incurred in an y dispute between the purpose estate of the deceased Customer, the surviving Customer or propriety third party arising from the Bank acting on the right of any such demand for delivery of securities or payment of moniessurvivorship.

Appears in 1 contract

Sources: Terms & Conditions of Customer Account

Joint Accounts. 7.1 In Generalthe case of joint Accounts, the obligations, repre­ sentations, warranties and liabilities of all the joint Clients under the Agreement shall be joint and several for any and all present and future claims held by the Bank in con- nection with the joint Account. Each joint Client jointly 7.2 The operation of a joint Account shall be subject to the relevant Account mandate applicable to that joint Account, as set out in the relevant Application Form. For the avoid- ance of doubt, and without prejudice to Clause 7.1 above: (a) where it is designated in the Application Form that the joint Account is operated with a single signing autho­ rity, each joint Client shall be authorised to individually give Instructions to the Bank relating to the Account or otherwise operate the joint Account, without the Instructions of the other joint Client(s), including to manage, administer, dispose of or without any and all deposits and other Assets in the joint Account, and to take out loans and close the joint Account. Each joint Client acknowledges and agrees that he is bound by the acts of the other joint Client(s) in accordance with this authority and hereby releases the Bank from any responsibility or liability in relation to the acts of the Bank effected on the Instructions of any other joint Client. Any operation of the joint Account or instruc- tions by one joint Client shall bind all joint Client of that joint Account jointly and severally. The Bank shall be under no duty to notify or to consult any other joint Client in relation to any Instructions given to the Bank by a joint Client; and (b) where it is designated in the Application Form that the joint Account is operated with joint signing authority by any two or all of the joint Clients, any written Instruc- tions may be given by the relevant joint Clients in one or more counterparts, all of which when taken together shall constitute one and the same document, provided always that where Instructions in any such counterpart are inconsistent with any other counterpart, the Bank is not obliged to effect such instructions to the extent of the inconsistency (notwithstanding that the Bank may but is not obliged to contact the relevant joint Clients to resolve such inconsistency). Any Authorised Person must be appointed jointly by all joint Clients, and the authority of such Authorised Person may only be revoked by all joint Clients acting jointly and if written notice for the same is provided to the Bank. 7.3 The holders of a joint Account may, by indicating accordingly in the relevant forms prescribed by the Bank or by notification to the Bank in such form as may be required by the Bank, agree to dispense with the giving 7.4 In the event of death of any of the joint Clients (being survived by any one or more of the others), the Agreement shall not terminate, and the interest of the deceased in the Agreement, the Assets and the Account shall automatically enure to the benefit of the survivor or survivors of them. The Bank shall be authorised to either amend its records accordingly by removing the name of the deceased as one of the joint holders of the Account or to transfer Assets remaining in the Account to a new Account in the name(s) of the surviving joint Client(s). Such removal of the name 7.5 Without prejudice to any other provision in this Agree- ment, each surviving joint Client and/or the personal rep- resentatives of any deceased joint Client shall indemnify and hold the Bank harmless from and against any claim, demand, action and proceeding that may be brought against the Bank and any loss which the Bank may incur or suffer arising out of or in connection with: (a) the removal of the name of the deceased joint Client as one of the joint holders of the Account; (b) the closure of the joint Account and, if this is applicable, the opening of a Joint new Account and/or the transfer of any Asset from the joint Account to such new Account; (c) any transfer of the Assets in the joint Account to the surviving joint Client(s); (d) the Bank acting upon or carrying out any Instruction given or purported to be given by the surviving joint Client(s) and/or the personal representatives of any deceased joint Client; (e) any suspension and/or freezing of the operation of the joint Account and the retention of the Assets in the joint Account; and (f) any dispute between any surviving joint Client and any personal representative of the deceased joint Client. 7.6 In the event of death, bankruptcy, insolvency or liquidation or mental or other incapacity of one or more joint Clients, the Bank shall have the right to set off any claims the Bank has or may have against such Person or Persons howsoever incurred against any credit balance in any Account and further, the Bank shall have the right, at its sole and absolute discretion, to freeze any or all Accounts and refuse any dealings or refuse to accept any Instructions, whether in respect of the Account, each signer the Services or otherwise. 7.7 The Bank may (but shall not be obliged to) at its sole and absolute discretion, accept an application for a joint Account held jointly with a person below 21 years of age (a Joint OwnerMinor”) , subject always to (a) the right of this Agreement agrees the Bank to impose such conditions and/or restrictions on the operation of the Account or the availability of Services as the Bank deems fit (including, without limitation, that only the non­Minor joint Client of the joint Account is authorised to give Instructions to the Bank or otherwise operate the Account, until the Minor attains the age of 21 years); and (b) the non­Minor joint Client(s) being at all Joint Owners are times respon­ sible (jointly and severally liable where applicable) for all obligations arising under the Agreement. Each Joint Owner agrees that each other Joint Owner shall have the authority to give instructions to us regarding the Joint Account, to communicate and receive information from us concerning the Joint Account, to receive Instructions given (whether on behalf of the Joint Minor or otherwise) in relation to such joint Account securities and/or and for ensuring the Minor’s compliance with this Agreement or any other property term and to dispose of same, to make on behalf condition imposed by the Bank. 7.8 If all of the Joint Account agreements relating to any non­Minor joint Clients of the foregoing matters joint Account pass away or become mentally incapacitated before the Minor(s) attain(s) the age of 21 years, the Bank may at its sole and to terminate absolute discretion suspend the joint Account until such time as the Minor(s) attain(s) the age of 21 years or modify another non­Minor who is a parent or waive any legal guardian of the provisions Minor(s) is appointed to operate the Account as a joint Account holder. 7.9 Without prejudice to Clause 7.3, any obligation the Bank may have to notify a Client of any matters in respect of a joint Account mentioned in Clause 7.7 shall be discharged if the Bank notifies a non­Minor joint Client of such agreements and generally to deal with us on behalf of the Joint Account, all without providing notice to the other Joint Owners. Each Joint Owner agrees that we are authorized to follow the instructions of any other Joint Owner in every respect concerning the Joint Account and to make deliveries to any Joint Owner, or upon instructions by any Joint Owner, of any securities and/or other property in the Joint Account, and to make payments to any Joint Owner, or upon orders of any Joint Owner, of any or all monies at any time or from time to time as such Joint Owner may order and direct, even if such deliveries and/or payments shall be made to such Joint Owner personally, and not for the Joint Account. Each Joint Owner agrees to hold us and our employees and agents harmless from and indemnify the same against any losses, causes of action, damages, and expenses (including attorneys’ fees) arising from or as the result of us, our employees, or agents following the instructions of any Joint Owner. Each Joint Owner further agrees that we shall not be under any duty or obligation to inquire into the purpose or propriety of any such demand for delivery of securities or payment of moniesmatters.

Appears in 1 contract

Sources: Account Agreement

Joint Accounts. In GeneralIf two or more parties have signed an Application and Agreement with respect to one or more Accounts, if this is you are creating, and intend to create, a Joint Account"joint tenancy with rights of survivorship." That is, each signer (“Joint Owner”) you as the owners of this Agreement agrees the Account agree with yourselves and the Credit Union that all Joint Owners are sums paid in shares or other deposits (as applicable), together with all accumulations, prior to now or hereafter, less setoffs as allowed by law for any sums due the Credit Union by any party, shall be owned by all of you jointly with full right of survivorship, and severally liable for all obligations arising under the Agreementshall be subject to withdrawal or receipt by any of you in whole or in part. Each Joint Owner agrees that each other Joint Owner shall have the authority to give instructions to us regarding the Joint Account, to communicate and receive information from us concerning the Joint Account, to receive on behalf of the Joint Account securities and/or other property and to dispose of same, to make on behalf of the Joint Account agreements relating Payment to any of you or the foregoing matters survivor(s) of you, or the personal representative, administrator or assign of the last survivor of you, shall be valid and discharge the Credit Union from any liability for such payment and amount. Each signer appoints each other signer to be his or her irrevocable attorney in fact: to make deposits to the Account; to endorse, for cash or deposit, any checks or other items whether payable to one of the signers alone or with others; and to terminate or modify or waive any of the provisions of such agreements receive and generally to deal with us on behalf of the Joint Account, receipt for all funds all without providing notice obligation to the other Joint Owners. Each Joint Owner agrees that we are authorized to follow the instructions of any other Joint Owner in every respect concerning the Joint Account and to make deliveries to any Joint Owner, or upon instructions by any Joint Owner, of any securities and/or other property in the Joint Account, and to make payments to any Joint Owner, or upon orders of any Joint Owner, of any or all monies at any time or from time to time as such Joint Owner may order and direct, even if such deliveries and/or payments shall be made to such Joint Owner personally, and not for the Joint Account. Each Joint Owner agrees to hold us and our employees and agents harmless from and indemnify the same against any losses, causes of action, damages, and expenses (including attorneys’ fees) arising from or as the result of us, our employees, or agents following the instructions of any Joint Owner. Each Joint Owner further agrees that we shall not be under any duty or obligation to inquire into the purpose source or propriety application of funds. To induce us to act hereunder, each person signing the Membership Application and Agreement jointly and singly agrees to hold the Credit Union harmless and indemnify us from loss, cost, and damage in all respects in connection with any of the foregoing, including court costs and attorneys’ fees, except as may be limited by applicable law. Unless specifically prohibited in writing from doing so, any or all of the joint owners may pledge all or part of the shares or deposits in the Account as collateral for security on a loan(s). Any owner who is a surviving owner agrees that the Credit Union to the extent allowed by law may set off any money in the Account against any obligation of a deceased owner within thirty days after the Credit Union becomes aware of the deceased owner’s death unless such demand for delivery of securities or payment of monies.a setoff would not have been allowed during the deceased individual’s lifetime (such as would be the case with certain tax favored Accounts). All

Appears in 1 contract

Sources: Membership Agreement

Joint Accounts. In GeneralIf two or more parties have signed a signature card, if this is you are creating, and intend to create, a Joint Account"joint tenancy with rights of survivorship." That is, each signer (“Joint Owner”) you as the owners of this Agreement agrees the account agree with yourselves and the Credit Union that all Joint Owners are sums paid in shares or other deposits (as applicable), together with all accumulations, prior to now or hereafter, less setoffs as allowed by law for any sums due the Credit Union by any party, shall be owned by all of you jointly with full right of survivorship, and severally liable for shall be subject to withdrawal or receipt by any of you in whole or in part. Any owner may withdraw all obligations arising under the Agreement. Each Joint Owner agrees that each other Joint Owner shall have the authority to give instructions funds, stop payment on items, transfer or pledge to us regarding the Joint Account, to communicate and receive information from us concerning the Joint Account, to receive on behalf all or any part of the Joint Account securities and/or other property and to dispose of same, to make on behalf shares without the consent of the Joint Account agreements relating other owner(s). We have no duty to notify any owners about any transaction. We reserve the right to require written consent of all owners for any change to or termination of an account. Payment to any of you or the foregoing matters survivor(s) of you, or your personal representatives, administrators or assigns of the last survivor(s) of you, shall be valid and discharge the Credit Union from any liability for such payment and amount. To induce us to terminate or modify or waive act thereunder, each person signing the signature card jointly and singly agrees to hold the Credit Union harmless and indemnify us from loss, cost, and damage in all respects in connection with any of the provisions of such agreements foregoing, including court costs and generally to deal with us on behalf attorney’s fees, except as may be limited by applicable law. Any or all of the Joint Account, joint owners may pledge all or part of the shares or deposits in the account as collateral for security on a loan(s). No authority or obligation of the Credit Union may be changed or terminated by one or more of the joint owners without providing prior written notice to the other Joint OwnersCredit Union, and no such change or termination shall affect transactions already made. Each Joint Owner agrees Further, each joint owner is subject to the terms and POD/Trust Account Designation. A Payable on Death (POD) account or trust account designation is an instruction to the Credit Union that we an individual or joint account so designated is payable to the owner(s) during his, her or their lifetimes and, when the last account owner dies, payable to any named and surviving POD or trust beneficiary/payee. Accounts payable to more than one surviving beneficiary/payee are authorized owned jointly by such beneficiaries/payees without rights of survivorship. The Credit Union is not obligated to follow notify any beneficiary/payee of the instructions existence of any other Joint Owner account or the vesting of the beneficiary/payee's interest in every respect concerning the Joint Account and to make deliveries to any Joint Owneraccount, except as otherwise provided by law. Any POD or upon instructions by any Joint Owner, of any securities and/or other property in the Joint Account, and to make payments to any Joint Owner, or upon orders of any Joint Owner, of any or all monies at any time or from time to time as such Joint Owner may order and direct, even if such deliveries and/or payments shall be made to such Joint Owner personally, and not for the Joint Account. Each Joint Owner agrees to hold us and our employees and agents harmless from and indemnify the same against any losses, causes of action, damages, and expenses (including attorneys’ fees) arising from or as the result of us, our employees, or agents following the instructions of any Joint Owner. Each Joint Owner further agrees that we trust beneficiary payee designation shall not be under any duty or obligation apply to inquire into the purpose or propriety of any such demand for delivery of securities or payment of moniesIndividual Retirement (▇▇▇) Accounts.

Appears in 1 contract

Sources: Membership Agreement

Joint Accounts. In General, if If this is a Joint Account, each signer of you signing this Agreement (each a Joint Ownerjoint owner”) of this Agreement agrees that all Joint Owners are jointly and severally liable for all obligations arising under the Agreement. Each Joint Owner agrees that each other Joint Owner joint owner shall have the authority to give instructions to us regarding (i) buy, sell (including short sales, if the Joint AccountAccount is approved for short selling), to communicate and receive information from us concerning the Joint Accountotherwise deal in, to receive on behalf of the Joint Account through WFS as broker, securities and/or other property on margin or otherwise; (ii) to receive confirmations, statements and communications of every kind related to the Account; (iii) to receive and to dispose of samemoney, securities and/or other property in the Account; (iv) to make on behalf of the Joint Account agreements make, terminate, or modify this Agreement and any other written agreement relating to any of the foregoing matters and to terminate or modify Account or waive any of the provisions of such agreements agreements; and (v) generally to deal with us on behalf WFS as if each of you alone was the sole owner of the Joint Account, all without providing notice to the other Joint Ownersjoint owner(s). Each Joint Owner of you agrees that we are authorized notice to any joint owner shall be deemed to be notice to all joint owners. Each joint owner further agrees that he or she shall be jointly and severally liable for the Account. WFS may follow the instructions of any other Joint Owner in every respect of the joint owners concerning the Joint Account and to make deliveries delivery to any Joint Owner, or upon instructions by any Joint Owner, of the joint owners of any and all securities and/or other property in the Joint Account, and to make payments to any Joint Owner, or upon orders of any Joint Ownerthe joint owners, of any or all monies at in the Account as any time or from time to time as such Joint Owner of the joint owners may order and direct, even if such deliveries and/or payments shall be made to such Joint Owner one of the joint owners personally, and not for the Joint Account. Each Joint Owner agrees to hold us and our employees and agents harmless from and indemnify the same against any losses, causes of action, damages, and expenses (including attorneys’ fees) arising from or as the result of us, our employees, or agents following the instructions of any Joint Owner. Each Joint Owner further agrees that we WFS shall not be under any duty or no obligation to inquire into the purpose or propriety of any such demand for delivery such deliveries and/or payments. In the event of securities the death of any of the joint owners, the surviving joint owner(s) shall immediately give WFS written notice thereof, and WFS may, before or payment after receiving such notice, take such proceedings, require such documents, retain such portion and/or restrict transactions in the Account as it deems advisable in its sole discretion to protect itself against any tax, liability, penalty or loss under any present or future laws or otherwise. The estate of moniesany deceased joint owner shall be liable and each survivor will be liable, jointly and severally, to WFS for any debt or loss in the Account resulting from the completion of transactions initiated prior to WFS' receipt of a written notice of such death or debt or loss incurred in the liquidation of the Account or the adjustment of the interests of the joint owners. Any taxes or other expense becoming a lien against or being payable out of the Account as the result of the death of any of the joint owners, or through the exercise by his or her estate or representatives of any rights in the Account, shall be chargeable against the interest of the surviving joint owner(s) as well as against the interest of the state of the deceased joint owner’s estate from any liability arising under this Agreement. Unless the joint owners notify us otherwise and provide us such documentation as we may require, we may presume that it is the express intention of the joint owners to hold the Account as joint tenants with rights of survivorship. In the event of the death of any of the joint owners, the entire interest in the Account shall be vested in the surviving joint owner(s) on the same terms and conditions as theretofore held, without in any manner releasing the deceased joint owner’s estate from liability. We reserve the right to require written instructions from all Account holders, at our discretion.

Appears in 1 contract

Sources: Customer Agreement

Joint Accounts. In GeneralIf more than one individual has entered into terms and conditions relating to the Account or completed a personal account application form, if this is then the Account shall be a Joint Account, ” and each signer (“Joint Owner”) individual signatory shall be a Customer for the purposes of this Agreement agrees that all Joint Owners are Agreement. Each Customer shall be jointly and severally liable (in Quebec, solidarily) to the Bank to perform all the obligations, be liable for all obligations arising under the Agreement. Each Joint Owner agrees that each other Joint Owner shall have the authority liabilities related to give instructions to us regarding the Joint Account, to communicate and receive information from us concerning the Joint Account, to receive on behalf of the Joint Account securities and/or under this Agreement and shall agree to all the terms and conditions in this Agreement, irrespective of which signatory to the Account undertook the obligation or incurred the liability. Each Customer shall have access to historical and current transaction details or any other property and to dispose of same, to make on behalf of the Joint Account agreements details relating to any of the foregoing matters and to terminate or modify or waive any of the provisions of such agreements and generally to deal with us on behalf of the Joint Account, all without providing notice to the other Joint Owners. Each Joint Owner agrees that we are authorized to follow the instructions of any other Joint Owner in every respect concerning the Joint Account and to make deliveries to any Joint Owner, or upon instructions by any Joint Owner, of any securities and/or other property in the Joint Account, and to make payments to each Customer agrees that the other may have the same access. Each Customer expressly intends and agrees that any interest in the Joint Owner, or upon orders of any Joint Owner, of any or all monies at any time or from time to time as such Joint Owner may order and direct, even if such deliveries and/or payments Account shall be made to such Joint Owner personallyowned by them as joint tenants with full rights of survivorship, and not for as tenants-in-common, and that the Bank is entitled to treat any interest in the Joint AccountAccount in this manner. The Bank may accept any instructions from either Customer, including honouring an Instrument, processing transactions in connection with Electronic Banking Services and Digital Banking Services described below, or accepting any direction in respect of the Joint Account without requiring the authorization or consent of the other Customer, subject to any written instructions by both Customers to the contrary. Each Customer agrees that if one Customer is removed from the Joint Owner agrees Account by agreement of both Customers, or in the sole discretion of the Bank, acting reasonably, the Joint Account shall be closed. If either Customer dies, the deceased Customer’s interest in the Joint Account shall pass automatically to hold us and our employees and agents harmless the surviving Customer, without releasing the deceased Customer or their estate from and indemnify the same against any losses, causes of action, damages, and expenses (including attorneys’ fees) liability arising from or as the result Joint Account until such time that the Bank has received satisfactory evidence of us, our employees, or agents following the instructions of any Joint Ownerdeath. Each Joint Owner further agrees that we The Bank shall not be under liable for any duty loss, damages or obligation to inquire into legal costs incurred in any dispute between the purpose estate of the deceased Customer, the surviving Customer or propriety third party arising from the Bank acting on the right of any such demand for delivery of securities or payment of moniessurvivorship.

Appears in 1 contract

Sources: Terms and Conditions of Customer Account

Joint Accounts. In GeneralExcept for accounts designated as Multiple Signatures Required Accounts, if this is the following paragraph applies: If two or more parties have signed an Application and Agreement with respect to one or more accounts, you are creating, and intend to create, a Joint Account"joint tenancy with rights of survivorship." That is, each signer (“Joint Owner”) you as the owners of this Agreement agrees the account agree with yourselves and the Credit Union that all Joint Owners are sums paid in shares or other deposits (as applicable), together with all accumulations, prior to now or hereafter, less setoffs as allowed by law for any sums due the Credit Union by any party, shall be owned by all of you jointly with full right of survivorship, and severally liable for shall be subject to withdrawal or receipt by any of you in whole or in part. Unless previously designated, such joint designation shall apply to all obligations arising sub accounts under the Agreementyour member number. Each Joint Owner agrees that each other Joint Owner shall have the authority to give instructions to us regarding the Joint Account, to communicate and receive information from us concerning the Joint Account, to receive on behalf of the Joint Account securities and/or other property and to dispose of same, to make on behalf of the Joint Account agreements relating Payment to any of you or the foregoing matters survivor(s) of you, or the personal representative, administrator or assign of the last survivor of you, shall be valid and discharge the Credit Union from any liability for such payment and amount. Each signer appoints each other signer to be his or her irrevocable attorney in fact: to make deposits to the account; to endorse, for cash or deposit, any checks or other items whether payable to one of the signers alone or with others; and to terminate or modify or waive any of the provisions of such agreements receive and generally to deal with us on behalf of the Joint Account, receipt for all funds all without providing notice obligation to the other Joint Owners. Each Joint Owner agrees that we are authorized to follow the instructions of any other Joint Owner in every respect concerning the Joint Account and to make deliveries to any Joint Owner, or upon instructions by any Joint Owner, of any securities and/or other property in the Joint Account, and to make payments to any Joint Owner, or upon orders of any Joint Owner, of any or all monies at any time or from time to time as such Joint Owner may order and direct, even if such deliveries and/or payments shall be made to such Joint Owner personally, and not for the Joint Account. Each Joint Owner agrees to hold us and our employees and agents harmless from and indemnify the same against any losses, causes of action, damages, and expenses (including attorneys’ fees) arising from or as the result of us, our employees, or agents following the instructions of any Joint Owner. Each Joint Owner further agrees that we shall not be under any duty or obligation to inquire into the purpose source or propriety application of funds. To induce us to act hereunder, each person signing the Membership Application and Agreement jointly and singly agrees to hold the Credit Union harmless and indemnify us from loss, cost, and damage in all respects in connection with any such demand for delivery of securities or payment of monies.the

Appears in 1 contract

Sources: Membership/Account Agreement

Joint Accounts. In GeneralIf more than one individual has entered into terms and conditions relating to the Account or completed a personal account application form, if this is then the Account shall be a "Joint Account, " and each signer (“Joint Owner”) individual signatory shall be a Customer for the purposes of this Agreement agrees that all Joint Owners are Agreement. Each Customer shall be jointly and severally liable (in Quebec, solidarily) to the Bank to perform all the obligations, be liable for all obligations arising under the Agreement. Each Joint Owner agrees that each other Joint Owner shall have the authority liabilities related to give instructions to us regarding the Joint Account, to communicate and receive information from us concerning the Joint Account, to receive on behalf of the Joint Account securities and/or under this Agreement and shall agree to all the terms and conditions in this Agreement, irrespective of which signatory to the Account undertook the obligation or incurred the liability. Each Customer shall have access to historical and current transaction details or any other property and to dispose of same, to make on behalf of the Joint Account agreements details relating to any of the foregoing matters and to terminate or modify or waive any of the provisions of such agreements and generally to deal with us on behalf of the Joint Account, all without providing notice to the other Joint Owners. Each Joint Owner agrees that we are authorized to follow the instructions of any other Joint Owner in every respect concerning the Joint Account and to make deliveries to any Joint Owner, or upon instructions by any Joint Owner, of any securities and/or other property in the Joint Account, and to make payments to each Customer agrees that the other may have the same access. Each Customer expressly intends and agrees that any interest in the Joint Owner, or upon orders of any Joint Owner, of any or all monies at any time or from time to time as such Joint Owner may order and direct, even if such deliveries and/or payments Account shall be made to such Joint Owner personallyowned by them as joint tenants with full rights of survivorship, and not for as tenants-in-common, and that the Bank is entitled to treat any interest in the Joint AccountAccount in this manner. The Bank may accept any instructions from either Customer, including honouring an Instrument, processing transactions in connection with Electronic Banking Services and Digital Banking Services described below, or accepting any direction in respect of the Joint Account without requiring the authorization or consent of the other Customer, subject to any written instructions by both Customers to the contrary. Each Customer agrees that if one Customer is removed from the Joint Owner agrees Account by agreement of both Customers, or in the sole discretion of the Bank, acting reasonably, the Joint Account shall be closed. If either Customer dies, the deceased Customer's interest in the Joint Account shall pass automatically to hold us and our employees and agents harmless the surviving Customer, without releasing the deceased Customer or their estate from and indemnify the same against any losses, causes of action, damages, and expenses (including attorneys’ fees) liability arising from or as the result Joint Account until such time that the Bank has received satisfactory evidence of us, our employees, or agents following the instructions of any Joint Ownerdeath. Each Joint Owner further agrees that we The Bank shall not be under liable for any duty loss, damages or obligation to inquire into legal costs incurred in any dispute between the purpose estate of the deceased Customer, the surviving Customer or propriety third party arising from the Bank acting on the right of any such demand for delivery of securities or payment of moniessurvivorship.

Appears in 1 contract

Sources: Terms and Conditions of Customer Account

Joint Accounts. In General, if this Where the Securities Account is a Joint Account, each signer joint account: (“Joint Owner”a) The obligations and liabilities where more than one has signed this Master Agreement shall be joint and several and any demand for payment made by the Bank to any one or more of this Agreement agrees that all Joint Owners are you so jointly and severally liable for hereunder shall be deemed to be demand made to all obligations arising of you. The Bank is at liberty to release or discharge any one or more of you from liability under this Master Agreement or to compound with, accept compositions from or make any other arrangements with any such persons without in consequence releasing or discharging any other party to this Master Agreement or otherwise prejudicing or affecting your rights and remedies against any such other party. (b) The Bank shall be entitled to, but shall not be obliged to, act on instructions or requests from any of you. (c) Any notice hereunder to any one of you shall be deemed to be effective notice to all of you and references to you shall be construed, as the Agreement. Each Joint Owner agrees that each other Joint Owner shall have the authority to give instructions to us regarding the Joint Accountcontext requires, to communicate any or all of you. (d) On the death of any of you (being survived by any other), this Master Agreement shall not be terminated and receive information from us concerning the Joint Account, to receive on behalf interest in the Securities Account(s) of the Joint Account securities and/or other property deceased will thereupon vest in and to dispose of same, to make on behalf ensure for the benefit of the Joint Account agreements relating to survivor(s) provided that any liabilities incurred by the deceased shall be enforceable by the Bank against the deceased’s estate. The survivor(s) shall give the Bank written notice immediately upon any of the foregoing matters and to terminate you becoming aware of any such death. (e) In case of a partnership, if any one or modify or waive any more of the provisions partners ceasing to be a partner thereof by death, retirement, bankruptcy or otherwise, the Bank shall be entitled and is authorized to treat the surviving or continuing partners or partner for the time being as having full power to carry on the business of such agreements the partnership and generally to deal with us on behalf of any matter whatsoever concerning or arising from the Joint Account, Securities Account or (as the case may be) the Service and any transactions relating thereto as if there had been no change in the partnership and all without providing notice transactions effected pursuant to the other Joint Owners. Each Joint Owner agrees that we are authorized to follow the instructions request or instruction of any other Joint Owner in every respect concerning the Joint Account and to make deliveries to any Joint Owner, such surviving or upon instructions by any Joint Owner, of any securities and/or other property in the Joint Account, and to make payments to any Joint Owner, continuing partners or upon orders of any Joint Owner, of any or all monies at any time or from time to time as such Joint Owner may order and direct, even if such deliveries and/or payments partner shall be made conclusively binding on all the partners and their respective estates and personal representatives, including any person who shall have ceased to such Joint Owner personally, and not for the Joint Account. Each Joint Owner agrees to hold us and our employees and agents harmless from and indemnify the same against any losses, causes of action, damages, and expenses (including attorneys’ fees) arising from or as the result of us, our employees, or agents following the instructions of any Joint Owner. Each Joint Owner further agrees that we shall not be under any duty or obligation to inquire into the purpose or propriety of any such demand for delivery of securities or payment of moniesa partner.

Appears in 1 contract

Sources: Securities Services Agreement

Joint Accounts. In General(a) If this account is held by more than one (1) person, if this is a Joint Account, each signer (“Joint Owner”) all of this Agreement agrees that all Joint Owners the joint holders are jointly and severally liable to LVM LTD for any and all obligations arising out of transactions in the account and agree to be bound by all terms and conditions of this Client Agreement signed by each party. LVM LTD is authorized to accept instructions and to send confirmations to any one of the joint owners, and the Client hereby further appoints any and all of said joint owners as Client’s agent for receipt of confirmations and hereby waives any right to receive confirmations otherwise. LVM LTD shall not be responsible for notifying any other account holder of any transactions made in a joint account by another Client on the account. Any one or more of the joint owners shall have full authority for the account and risk in the name of the joint account. (b) Joint accounts will be registered as JOINT TENANTS WITH RIGHTS OF SURVIVORSHIP ( JTWROS). ACCOUNT PROCEEDS MAY BE PAID OR DELIVERED TO EITHER JOINT ACCOUNT HOLDER DURING THE LIFETIME OF BOTH OR TO THE SURVIVOR AFTER THE DEATH OF ONE OF THEM. This is the only type of joint account that is offered by LVM LTD. In the event of the death of a joint account holder, the account, its property, and any obligations under this Agreement automatically passes to the surviving account holder(s). The surviving account holders shall continue to be liable, to LVM LTD for any debit balance or loss related to the account in any way. Upon receipt of a certified document evidencing death or legal incapacity of one of the parties, the remaining party or parties shall continue this account in their name as sole or joint owners with all the terms and conditions of said account continuing in full force and effect. (c) Any joint account holder may ask LVM LTD to convert the joint account into a sole account. LVM LTD may (but shall not be obligated to) require authorization from all account holders before doing so. Any person removed from the account will continue to be liable for all obligations arising and liabilities under the Agreement. Each Joint Owner agrees that each other Joint Owner shall have the authority to give instructions to us regarding the Joint Account, to communicate and receive information from us concerning the Joint Account, to receive on behalf of the Joint Account securities and/or other property and to dispose of same, to make on behalf of the Joint Account agreements this Client Agreement relating to any of the foregoing matters and to terminate or modify or waive any of period before they were removed from the provisions of such agreements and generally to deal with us on behalf of the Joint Account, all without providing notice to the other Joint Owners. Each Joint Owner agrees that we are authorized to follow the instructions of any other Joint Owner in every respect concerning the Joint Account and to make deliveries to any Joint Owner, or upon instructions by any Joint Owner, of any securities and/or other property in the Joint Account, and to make payments to any Joint Owner, or upon orders of any Joint Owner, of any or all monies at any time or from time to time as such Joint Owner may order and direct, even if such deliveries and/or payments shall be made to such Joint Owner personally, and not for the Joint Account. Each Joint Owner agrees to hold us and our employees and agents harmless from and indemnify the same against any losses, causes of action, damages, and expenses (including attorneys’ fees) arising from or as the result of us, our employees, or agents following the instructions of any Joint Owner. Each Joint Owner further agrees that we shall not be under any duty or obligation to inquire into the purpose or propriety of any such demand for delivery of securities or payment of moniesaccount.

Appears in 1 contract

Sources: Client Agreement

Joint Accounts. In General, if this (a) The following provisions apply to an Account which is a Joint Account, each signer opened in the name of more than one person (“Joint OwnerAccount”). (b) Unless we agree otherwise in writing, the Account shall be a Joint Account with right of survivorship and each such person (“Joint Account Holder”) of this Agreement agrees that all Joint Owners are shall be jointly and severally liable for all obligations arising under or liabilities incurred in respect of the AgreementAccount. Accordingly, references to “you” in this Service Agreement refer to each and/or any of the Joint Account Holders. Each Joint Owner agrees that each other Account Holder shall be entitled individually and independently from the other(s) and without limitation to instruct us, operate the Joint Owner shall have the authority to give instructions to us regarding Account and close the Joint Account. We are authorised, subject to our policies and procedures, to communicate accept instructions relating to the Joint Account from any one or more Joint Account Holders without notice to the other Joint Account Holder(s). The signature of any one of the Joint Account Holders shall be sufficient to give full discharge to us unless we receive contrary instructions in writing. We shall be entitled to deal separately with any one of the Joint Account Holders on any matter without prejudicing or affecting our rights, powers or remedies against any other Joint Account Holder. We shall have discharged our liability to all Joint Account Holders if we fulfil our obligations to any one or more of them regardless of the Signing Mandate. Notwithstanding this, we may ask for authorisation from all Joint Account Holders for any performance, act, signature or document. In particular, any change or revocation of authority of any Joint Account Holder must come from all the Joint Account Holders. (c) We shall have discharged our liability to all Joint Account Holders if we fulfil our obligations to any one or more of them regardless of the Signing Mandate. Our obligation to notify the Joint Account Holders in respect of any matter shall be discharged if we notify any one of the Joint Account Holders. We may, without prejudice to our rights and remedies against any of the Joint Account Holders, settle or vary the liability of or grant time or other indulgence to any one or more of them. (d) All remaining Joint Account Holders shall immediately give us written notice of any event that causes a change in ownership (including death of a Joint Account Holder), following which we may take such action as we deem necessary in the circumstances, including requiring such documents or imposing such restrictions on the Joint Account. (e) A Joint Account Holder’s liability shall not be discharged or affected by: • the failure of any term to be binding on any other person; • our giving of time, forbearance, indulgence or waiver to any other person; • our release or discharge of any other person; • the death, bankruptcy, liquidation, disability, limitation, incapacity or any change in the constitution or status of any other person; • any irregularity or deficiency in the powers of any other person; and/or • any other circumstance which may otherwise affect any liability or obligation of any other person. (f) Unless we receive information contrary instructions in writing, payments or remittances received or assets delivered in favour of a Joint Account Holder alone will be credited to an account that the Joint Account Holder holds with us in his/her own name, and if that Joint Account Holder does not have an account with us in his/her own name, then those payments or remittances received or assets delivered will be credited to the Joint Account. (g) In the event that we receive instructions from us one or more Joint Account Holders which appear to be ambiguous or conflicting, or reasonably believe that instructions received from one or more Joint Account Holders are not mutually agreeable to all Joint Account Holders, or receive a court order concerning the Joint Account, we may, without liability to receive you, decline to take any action (even if such declining may result in loss) and/or take such action as we deem fit. (h) A person who is a minor may be a Joint Account Holder if the main applicant is the parent/guardian of the minor. Notwithstanding anything to the contrary in the Signing Mandate, we are not obliged to act on behalf the instructions of any minor. We shall not be liable in any way whatsoever for any Loss which may result from the fact that the minor suffers from any incapacity to act. (i) Where the Joint Account Holders are unrelated parties (i.e. any relationship other than spouse, father, mother, brother, sister or child), you (each of the Joint Account securities and/or other property Holders) agree as follows: A. you acknowledge and understand that the terms and conditions of this Service Agreement will apply to dispose you, in particular, the provisions of sameClause 23 and the provisions on joint and several liabilities in this Clause 3. You further acknowledge and understand that pursuant to Clause 23, to make on behalf upon the death of any one of the Joint Account agreements relating to any of the foregoing matters and to terminate or modify or waive any of the provisions of such agreements and generally to deal with us on behalf of the Joint AccountHolders, all without providing notice to the other Joint Owners. Each Joint Owner agrees that we are authorized to follow the instructions of any other Joint Owner in every respect concerning the Joint Account and to make deliveries to any Joint Owner, or upon instructions by any Joint Owner, of any securities and/or other property in the Joint Account, and to make payments to any Joint Owner, or upon orders of any Joint Owner, of any or all monies at any time or from time to time as such Joint Owner may order and direct, even if such deliveries and/or payments shall be made to such Joint Owner personally, and not for the Joint Account. Each Joint Owner agrees to hold us and our employees and agents harmless from and indemnify the same against any losses, causes of action, damages, and expenses (including attorneys’ fees) arising from or as the result of us, our employees, or agents following the instructions of any Joint Owner. Each Joint Owner further agrees that but we shall not be under any obligation) under the “right of survivorship” pay or deliver all the property in the Joint Account to the remaining Joint Account Holders; B. you undertake to indemnify us on demand against any claims that may be made against us and against all Losses, costs, damages and reasonable expenses incurred by us or to which we may be put in relation to the Joint Account on any grounds whatsoever; C. you authorise us (but we shall not be under any obligation) to settle, release, grant time or pay immediately any amounts claimed by any of the Joint Account Holders without any reference to or further authority from the other Joint Account Holders and without being under any duty to enquire whether any claims or obligation demands on us are properly made, and you undertake to inquire into indemnify us in respect of all such payments; and D. the purpose indemnity given in this Clause 3 is in addition to and shall not merge with or propriety otherwise prejudice or affect or be prejudiced or affected by any other security or remedy now or hereafter held by or available to us. (j) The provisions of any such demand for delivery this Clause 3 shall govern the legal relationship between you and the Bank exclusively, irrespective of securities the internal relationship between the Joint Account Holders themselves or payment their successors, and regardless, in particular, of moniestheir respective rights of ownership of the assets in the Joint Account.

Appears in 1 contract

Sources: Service Agreement

Joint Accounts. In General, if If this is a Joint Account, each signer of you signing this Agreement (each a Joint Ownerjoint owner”) of this Agreement agrees that all Joint Owners are jointly and severally liable for all obligations arising under the Agreement. Each Joint Owner agrees that each other Joint Owner joint owner shall have the authority to give instructions to us regarding (i) buy, sell (including short sales, if the Joint AccountAccount is approved for short selling), to communicate and receive information from us concerning the Joint Accountotherwise deal in, to receive on behalf of the Joint Account through CFS as broker, securities and/or other property on margin or otherwise; (ii) to receive confirmations, statements and communications of every kind related to the Account; (iii) to receive and to dispose of samemoney, securities and/or other property in the Account; (iv) to make on behalf of the Joint Account agreements make, terminate, or modify this Agreement and any other written agreement relating to any of the foregoing matters and to terminate or modify Account or waive any of the provisions of such agreements agreements; and (v) generally to deal with us on behalf CFS as if each of you alone was the sole owner of the Joint Account, all without providing notice to the other Joint Ownersjoint owner(s). Each Joint Owner of you agrees that we are authorized notice to any joint owner shall be deemed to be notice to all joint owners. Each joint owner further agrees that he or she shall be jointly and severally liable for the Account. CFS may follow the instructions of any other Joint Owner in every respect of the joint owners concerning the Joint Account and to make deliveries delivery to any Joint Owner, or upon instructions by any Joint Owner, of the joint owners of any and all securities and/or other property in the Joint Account, and to make payments to any Joint Owner, or upon orders of any Joint Ownerthe joint owners, of any or all monies at in the Account as any time or from time to time as such Joint Owner of the joint owners may order and direct, even if such deliveries and/or payments shall be made to such Joint Owner one of the joint owners personally, and not for the Joint Account. Each Joint Owner agrees to hold us and our employees and agents harmless from and indemnify the same against any losses, causes of action, damages, and expenses (including attorneys’ fees) arising from or as the result of us, our employees, or agents following the instructions of any Joint Owner. Each Joint Owner further agrees that we CFS shall not be under any duty or no obligation to inquire into the purpose or propriety of any such demand for delivery such deliveries and/or payments. In the event of securities the death of any of the joint owners, the surviving joint owner(s) shall immediately give CFS written notice thereof, and CFS may, before or payment after receiving such notice, take such proceedings, require such documents, retain such portion and/or restrict transactions in the Account as it deems advisable in its sole discretion to protect itself against any tax, liability, penalty or loss under any present or future laws or otherwise. The estate of moniesany deceased joint owner shall be liable and each survivor will be liable, jointly and severally, to CFS for any debt or loss in the Account resulting from the completion of transactions initiated prior to CFS' receipt of a written notice of such death or debt or loss incurred in the liquidation of the Account or the adjustment of the interests of the joint owners. Any taxes or other expense becoming a lien against or being payable out of the Account as the result of the death of any of the joint owners, or through the exercise by his or her estate or representatives of any rights in the Account, shall be chargeable against the interest of the surviving joint owner(s) as well as against the interest of the state of the deceased joint owner’s estate from any liability arising under this Agreement. Unless the joint owners notify us otherwise and provide us such documentation as we may require, we may presume that it is the express intention of the joint owners to hold the Account as joint tenants with rights of survivorship. In the event of the death of any of the joint owners, the entire interest in the Account shall be vested in the surviving joint owner(s) on the same terms and conditions as theretofore held, without in any manner releasing the deceased joint owner’s estate from liability. We reserve the right to require written instructions from all Account holders, at our discretion.

Appears in 1 contract

Sources: Customer Agreement

Joint Accounts. In General, if If this Account is a Joint Accountmaintained in the name of two or more persons, each signer (“Joint Owner”) of this Agreement Account holder agrees that all Joint Owners are to be individually and jointly and severally liable for all obligations arising under the this Agreement. Each Joint Owner agrees that each Accountholder will have authority, acting individually, and without notice to any other Joint Owner shall have the authority Accountholder, to give instructions to us regarding the Joint Accountinstructions, to communicate buy, sell, and receive information from us concerning the Joint Accountotherwise deal in Securities and/or Other Property, to receive on behalf of the Joint Account securities and/or other property and to dispose of same, to make on behalf of the Joint Account agreements relating to any of the foregoing matters and to terminate or modify or waive any of the provisions of such agreements and generally to deal with us on behalf of the Joint Account, all without providing notice with regard to the other Joint OwnersAccount as fully and completely as if each Accountholder alone were interested in the Account. Each Joint Owner agrees that we are authorized You authorize us to follow the instructions of any other Joint Owner in every respect concerning the Joint Account Accountholder and to make deliveries deliver funds, securities, or other assets held in the Account to any Joint Owner, Accountholder or upon instructions by in accordance with any Joint Owner, of any securities and/or other property in the Joint Account, and to make payments to any Joint Owner, or upon orders of any Joint Owner, of any or all monies at any time or from time to time as such Joint Owner may order and directAccountholder’s instructions, even if such deliveries and/or payments shall be made to such Joint Owner any of you personally, and not for the Joint Account. Each You further authorize us to receive into the Account any Securities and/or Other Property delivered to it by or for either of you without delineation as to actual ownership of the property. In any situation where we cannot determine to our satisfaction the proper distribution of property from a Joint Owner agrees Account upon the death of one owner, we may, at our sole discretion, freeze the Account indefinitely pending a resolution deemed satisfactory to hold us and our employees and agents harmless from and indemnify or a final decision of an arbitrator or court having jurisdiction over the same against any losses, causes of action, damages, and expenses (including attorneys’ fees) arising from or as the result of us, our employees, or agents following the instructions of any Joint Ownermatter. Each Joint Owner further agrees that we shall We are not be under any duty or obligation to inquire into responsible for determining the purpose or propriety of any such demand instruction we receive from any Accountholder or for delivery the disposition of securities payments or payment deliveries among joint Accountholders. Any notice we send Form - July 2023 ACCOUNT AGREEMENT | Page 10 of monies20 to one Accountholder will be deemed to be notice to all Accountholders. You further authorize us to receive into the Account any Securities and/or Other Property delivered to us by or for any Accountholder without delineation as to actual ownership of the property. At any time, we may, in our sole discretion, require joint or collective action by all Accountholders. You authorize us, in our sole discretion, to do any one or more of the following: (i) select which instructions to follow; (ii) suspend all activity in the Joint Account, except upon further written instructions signed by all of you or upon instructions of a court; (iii) close the Joint Account and send any and all assets by ordinary mail to the address of record; or (iv) file an interpleader action, in which event we shall be entitled to recover all costs including reasonable attorneys’ fees in an amount set by the court. Filing an interpleader action, however, will not serve as a waiver of our right to arbitration. If upon the death of one or more of the Accountholders, we cannot determine to our satisfaction the proper distribution of property from a Joint Account, we may, at our sole discretion, freeze the Account indefinitely pending a satisfactory resolution or final decision of an arbitrator or court having jurisdiction over the matter. Laws governing joint ownership of property vary from state to state. You are responsible forverifying that the joint registration you select is valid in your state. Generally, however, for joint tenants with rights of survivorship, in the event of the death of any of the tenants, the entire interest in the joint Account shall be vested in the surviving joint tenant(s) on the same terms and conditions. For tenants in common, the interest in each tenancy shall be equal unless specified otherwise and in the event of the death of any of the tenants in common, the interest in their share of the tenancy shall vest in the decedent’s legal representative. State laws regulating community property vary. If you designate your Account as a community property account, we will treat all property in the Account and any proceeds in the Account as community property. You should consult your personal legal advisor regarding the community property laws of your state of residence.

Appears in 1 contract

Sources: Account Agreement

Joint Accounts. In GeneralExcept for accounts designated as Multiple Signatures Required Accounts, the following paragraph applies: If two or more parties have signed an Application and Agreement with respect to one or more accounts, you are creating, and intend to create, a "joint tenancy with rights of survivorship." That is, you as the owners of the account agree with yourselves and the Credit Union that all sums paid in shares or other deposits (as applicable), together with all accumulations, prior to now or hereafter, less setoffs as allowed by law for any sums due the Credit Union by any party, shall be owned by all of you jointly with full right of survivorship, and shall be subject to withdrawal or receipt by any of you in whole or in part. Payment to any of you or the survivor(s) of you, or the personal representative, administrator or assign of the last survivor of you, shall be valid and discharge the Credit Union from any liability for such payment and amount. Each signer appoints each other signer to be his or her irrevocable attorney in fact: to make deposits to the account; to endorse, for cash or deposit, any checks or other items whether payable to one of the signers alone or with others; and to receive and receipt for all funds all without obligation to us to inquire into the source or application of funds. To induce us to act hereunder, each person signing the Membership Application and Agreement jointly and singly agrees to hold the Credit Union harmless and indemnify us from loss, cost, and damage in all respects in connection with any of the foregoing, including court costs and attorneys’ fees, except as may be limited by applicable law. Unless specifically prohibited in writing from doing so, any or all of the joint owners may pledge all or part of the shares or deposits in the account as collateral for security on a loan(s). No authority or obligation of the Credit Union may be changed or terminated by one or more of the joint owners without prior written notice to the Credit Union, and no such change or termination shall affect transactions already made. Further, each joint owner is subject to the terms and disclosures of this Agreement, and hereby acknowledges receipt of the Agreement. We may refuse to authorize a withdrawal from a joint account when we have knowledge of a dispute between the joint accountholders until the matter is resolved. Beneficiary Designation. When opening an account or, if this all owners agree, at any time thereafter, you may designate one or more persons as beneficiaries of the account under the Michigan Credit Union Beneficiary Accounts Act (Public Act 31 of 1992), being M.C.L. 490.81 et seq. Upon the death of the last surviving owner of the account, the surviving beneficiaries shall become the owners of the account. If there is more than one surviving beneficiary, the account shall be divided equally between them, and each beneficiary shall be the sole owner of that beneficiary’s share. In accordance with the Credit Union Beneficiary Accounts Act, there shall be no joint ownership among beneficiaries. Beneficiary designations shall not apply to a checking account unless there is a Joint Accountspecific designation to the contrary on the Membership Card. The Credit Union is not obligated to notify any beneficiary/payee of the existence of any account or the vesting of the beneficiary/payee's interest in any account, each signer except as otherwise provided by law. The Credit Union reserves the right to require documentation in order to confirm that an account has become properly payable to a beneficiary or beneficiaries. An account owned by a person that is not a natural person (“Joint Owner”that is, an account owned by a corporation or other legal entity or by a trust) may not have beneficiaries. Accounts for Minors. We may require any account established by a minor to be a multiple party account with an owner who has reached the age of this Agreement agrees that all Joint Owners are majority under Michigan law and who shall be jointly and severally liable for all obligations arising under the Agreement. Each Joint Owner agrees that each other Joint Owner shall have the authority to give instructions to us for any returned item, overdraft, or unpaid charges or amounts on such account. Except where expressly provided otherwise, we may pay funds directly to a minor without regard to his or her minority. Unless a guardian or parent is an account owner, the guardian or parent shall not have any account access rights. We have no duty to inquire about the use or purpose of any transaction. We will not change the account status when the minor reaches the age of majority, unless authorized in writing by all account owners. Agency Designation on an Account. An agency designation on an account is an instruction to us that the owner authorizes another person to make transactions as agent for the account owner regarding the Joint Accountaccounts designated. An agent has no ownership interest in the account(s) or Credit Union voting rights. We have no duty to inquire about the use or purpose of any transaction made by the agent. The Credit Union shall not be liable for loss resulting from the misappropriation of funds withdrawn from an account by an authorized agent. Legal Process. If any legal action is brought involving your account, we may pay out funds according to communicate and receive information from us concerning the Joint Account, to receive on behalf terms of the Joint Account securities and/or action or refuse any pay out until the dispute is resolved. Any expenses or attorney fees we incur responding to legal process may be charged against your account without notice, unless prohibited by law. In lieu of expenses other property and to dispose of same, to make on behalf of the Joint Account agreements relating to any of the foregoing matters and to terminate or modify or waive any of the provisions of such agreements and generally to deal with us on behalf of the Joint Account, all without providing notice to the other Joint Owners. Each Joint Owner agrees that we are authorized to follow the instructions of any other Joint Owner in every respect concerning the Joint Account and to make deliveries to any Joint Owner, or upon instructions by any Joint Owner, of any securities and/or other property in the Joint Account, and to make payments to any Joint Owner, or upon orders of any Joint Owner, of any or all monies at any time or from time to time as such Joint Owner may order and direct, even if such deliveries and/or payments shall be made to such Joint Owner personally, and not for the Joint Account. Each Joint Owner agrees to hold us and our employees and agents harmless from and indemnify the same against any losses, causes of action, damages, and expenses (including than attorneys’ fees, we may charge a Legal Process Fee as set forth on the Fee Schedule. Any legal process against your account is subject to our lien and security interest. Taxpayer Identification Numbers and Backup Withholding. Your failure to furnish a correct Taxpayer Identification Number (TIN) arising or meet other Internal Revenue Code requirements may result in backup withholding. If your account is subject to backup withholding, we must withhold and pay to the Internal Revenue Service (IRS) a percentage of dividends, interest and certain other payments. If you have designated on a W-9 or W-8BEN that you have applied for a TIN, you must provide the TIN within 60 days. Upon the expiration of the 60-day period, the Credit Union may begin withholding from or as the result of usyour account. Special Account Instructions. You may request that we facilitate certain business, our employeestrust, will, or agents following court-ordered account arrangements. However, because we do not give legal advice, we cannot counsel you as to which account arrangement most appropriately meets the specific requirements of your business, trust, will, or court order. If you ask us to follow any instructions of any Joint Owner. Each Joint Owner further agrees that we shall not believe might expose us to claims, lawsuits, expenses, liabilities, or damages, whether directly or indirectly, we may refuse to follow your instructions or may require you to indemnify us or post a bond or other protection. Changes Requested by You. Account changes requested by you, such as adding or closing an account or service, must be under any duty or obligation to inquire into the purpose or propriety of any such demand for delivery of securities or payment of moniessubmitted in writing, signed, and accepted by us.

Appears in 1 contract

Sources: Membership/Account Agreement

Joint Accounts. In GeneralJoint Account Type: o JOINT “AND” o JOINT “OR” Each TRUSTOR represents to be of legal age or have the capacity to enter into legally binding contracts. It is understood that in cases where the TRUSTEE receives notice of any claim or dispute relating to the ownership or operation of the FUND, if this is either between or among the TRUSTORS or involving a Joint Accountthird party, each signer (“Joint Owner”) or the TRUSTEE receives a court order authorizing the release of this Agreement agrees that funds to one, some or all Joint Owners are jointly and severally liable for all obligations arising under TRUSTORS, the Agreement. Each Joint Owner agrees that each other Joint Owner TRUSTEE shall have the authority right, but without any obligation to give instructions to us regarding the Joint Accountdo so, to communicate take any action it deems necessary and receive information from us concerning appropriate under the Joint Accountcircumstances, including the institution of any suit to receive on behalf resolve the conflict or dispute, or the TRUSTEE may, in its sole and absolute discretion, release the proceeds to any one of the Joint Account securities and/or other property TRUSTORS, alternatively or concurrently. In this regard, the TRUSTOR shall hold the TRUSTEE free and to dispose of sameharmless from any and all liabilities, to make on behalf damages, costs and expenses which the TRUSTEE, its directors, officers, employees, or representatives may incur or suffer arising from the freezing of the Joint Account agreements relating investment or proceeds or any action taken by the TRUSTEE in its discretion. The TRUSTORS hereby certify and declare, under penalties of perjury, that every time a redemption is made, the other TRUSTOR/S is/are still living as of the date and time of such redemption, and the TRUSTEE may, at its discretion, rely on such certification and declaration and the TRUSTORS agree to keep the TRUSTEE free and harmless from any liability that may arise as a result of such reliance. In the event of death of any of the foregoing matters TRUSTORS, the TRUSTEE shall be promptly notified of such death in writing by the surviving TRUSTOR/s. FOR JOINT “AND” ACCOUNTS: The TRUSTORS agree with one another and to terminate with the TRUSTEE that all moneys heretofore, now or modify hereafter deposited, invested or waive participated by them or any of them in the provisions FUND are and shall be received and held by the TRUSTEE with the understanding and upon the condition that said moneys deposited without reference to previous ownership shall be the property of such agreements and generally to deal with us on behalf all TRUSTORS jointly. All transactions, instructions, redemptions, requests, notices or communications shall be made in writing by all JOINT TRUSTORS. The TRUSTROS hereby agree that upon the death of any one of the Joint AccountTRUSTORS, the investments shall be payable to and collectible jointly by the surviving TRUSTORS and the legal heirs of the deceased TRUSTOR upon compliance with the TRUSTEE’s requirements and the settlement of taxes on the investment, if any. The surviving TRUSTOR/s hereby hold the BANK free and harmless and indemnified from any and all taxes, claims/debts and liabilities arising from or in connection with the release of the proceeds of the investments in accordance with this provision. FOR SOLIDARY “OR” ACCOUNTS: The SOLIDARY TRUSTORS agree with one another and with the TRUSTEE that the investments, and any addition and income thereto, shall be received and held by the TRUSTEE with the understanding and upon the condition that said funds without providing notice reference to the other Joint Ownersprevious ownership shall be the property of the SOLIDARY TRUSTORS as solidary owners. Each Joint Owner agrees that we are authorized to follow All transactions, instructions, redemption, termination, requests, notices or communications regarding the investments shall be allowed upon the instructions of any one of the SOLIDARY TRUSTORS, it being understood that the SOLIDARY TRUSTORS constitute and appoint each other Joint Owner in every as attorney-in-fact and the TRUSTEE is authorized to accept and act upon such instructions, all without inquiry or regard by the TRUSTEE with respect to the use or disposition of the funds so redeemed, withdrawn, paid out, disbursed, assigned or encumbered without incurring any liability. This designation, appointment and authority shall also include, but not limited to, the following acts or documents: (i) pre-termination, termination or closure of the Account; (ii) redemption of all the investments; (iii) instruction to change address or requests for statement of account (SOA) or bank certifications or any other instructions concerning the Joint Account and to make deliveries to any Joint Owner, or upon instructions by any Joint Owner, operation of any securities and/or other property in the Joint Account, and to make payments to any Joint Owner, or upon orders of any Joint Owner, of investments; (iv) enroll any or all monies at Confirmation of Participation subject to this Agreement to TRUSTEE’s UITF online platform; (v) change the assigned settlement account; (vi) Affidavit of Loss and request for replacement of Confirmation of Participation; (vii) submission of a Special Power of Attorney authorizing a third party to redeem, withdraw the investments or make any time other transaction relating to the investment; and (viii) instruction to add a TRUSTOR or delete a TRUSTOR from time the account. This notwithstanding, the TRUSTEE reserves the right, in its discretion, to time as such Joint Owner may order require the written consent or approval of all SOLIDARY TRUSTORS for any action taken by any of the SOLIDARY TRUSTORS in connection with the FUND. The TRUSTOR/S hereby hold the TRUSTEE, its directors, officers and directemployees free and harmless from any claims, even if such deliveries and/or payments liabilities, and causes of action arising out of reliance on the authority given by the TRUSTORS. The TRUSTORS hereby agree that upon the death of any of the TRUSTORS, the proceeds of the investments shall be made payable to such Joint Owner personallyand collectible by the surviving TRUSTOR/S subject to compliance with the TRUSTEE’s requirements and settlement of taxes due on the investments, if any. The surviving TRUSTOR hereby hold the TRUSTEE free and not for the Joint Account. Each Joint Owner agrees to hold us harmless and our employees indemnified from any and agents harmless from all taxes, claims/debts and indemnify the same against any losses, causes of action, damages, and expenses (including attorneys’ fees) liabilities arising from or as the result of us, our employees, or agents following the instructions of any Joint Owner. Each Joint Owner further agrees that we shall not be under any duty or obligation to inquire into the purpose or propriety of any such demand for delivery of securities or payment of moniesin connection with this provision.

Appears in 1 contract

Sources: Trust Agreement

Joint Accounts. In General, if this If the Account is a joint account, i.e. the Account is in the name of more than one person or is in the name of oneself and on behalf of others (whether a partnership or otherwise): (a) the expression "Client" shall include each such person (a "Joint Account, each signer (“Client") and the liability of Joint Owner”) of this Agreement agrees that all Joint Owners are jointly and severally liable for all obligations arising Clients under the Agreement. Each Agreement shall be joint and several; (b) any demand for payment on any one or more of the Joint Owner agrees that Clients shall be treated as a valid demand on each and all of the Joint Clients; (c) the Company may release or discharge any one or more of the Joint Clients from liability under the Agreement or compound with, accept compositions from, or make any other arrangement with, any of Joint Clients without releasing or discharging or otherwise prejudicing or affecting its rights and remedies against any other Joint Owner Client; (d) the Agreement shall not be affected by the death, incapacity or dissolution of any Joint Client; (e) termination of the Agreement pursuant to Clause 27 (Termination) by any one or more of the Joint Clients or its or their personal representatives shall not affect the continuing liability of the other Joint Clients; (f) the Company shall have a lien on the property of each Joint Client. The Company's lien shall be additional to the rights and remedies of the Company pursuant to the Agreement; (g) each of the Joint Clients singly and severally, without notice to the others, shall have the authority to give instructions Instructions to us regarding the Joint AccountCompany or exercise all the rights, to communicate powers and receive information from us concerning the Joint Account, to receive on behalf discretions of the Joint Account securities and/or other property and Client pursuant to dispose of same, to make on behalf of the Joint Account agreements relating to any of the foregoing matters and to terminate or modify or waive any of the provisions of such agreements Agreement and generally to deal with us the Company on behalf of the other Joint AccountClients as if each of the Joint Clients alone was the sole Account holder and so as to bind all the Joint Clients. The Company is authorised to act on the Instructions of any one of the Joint Clients and shall not be required to give notice to, all without providing notice to or obtain authorization from, the other Joint Owners. Each Joint Owner agrees that we are authorized Clients in respect of such Instructions; (h) the Company shall be under no duty whatsoever to follow inquire or monitor the instructions application or disposition of any other Joint Owner monies or properties in every respect concerning any Account by any of the Joint Account Clients; (i) the Joint Clients have entered into the Agreement as joint tenants with a right of survivorship and to make deliveries to any Joint Owner, or upon instructions by any Joint Owner, of any securities and/or other property not as tenants-in-common; (j) in the Joint Account, and to make payments to any Joint Owner, or upon orders event of death of any Joint OwnerClient, the deceased Joint Client's entire interest in the Account shall be vested in the surviving Joint Client(s) on the same terms as are set out in the Agreement but without releasing any liabilities incurred to the Company prior to the Company's actual receipt of the written notification of the death of the Joint Client and the Company will be entitled to enforce its rights against the Joint Client's estate. The estate of the deceased Joint Client shall be liable and each surviving Joint Client(s) shall be liable, jointly and severally, to the Company for any debt or loss in the Account arising from completion of Transactions instructed prior to the Company's actual receipt of a written notice of such death. The estate of the deceased Joint Client or the surviving Joint Client(s) shall immediately notify the Company in writing of the death of the relevant Joint Client and any changes in the identity of the Authorized Person(s) consequent upon such death. The Company shall hold the Client's assets to the order of the surviving Joint Client(s) under the terms of the Agreement subject to the surviving Joint Client(s) producing and delivering to the satisfaction of the Company evidence of death of the relevant Joint Client and evidence of compliance of all applicable requirements under law (including all obligations regarding payment or clearance of estate duty), and the Company may take such steps and require such documents and/or indemnities as the Company may reasonably specify to protect the interests of the Company with respect to any tax, liability, penalty or loss under any applicable law; (k) each of the Joint Clients shall be bound by the Agreement regardless of the arrangement or agreement among the Joint Clients and notwithstanding that the Agreement may be invalid or unenforceable against any one or more of the Joint Clients (whether or not the defect is known to the Company); (l) any notice or communication from the Client shall be effective on the Company if given by any one of the Joint Clients to the Company, and shall be effective on all Joint Clients if given by the Company to any of the Joint Clients; (m) any payment made to any one of the Joint Clients shall be a valid and complete discharge of the Company's obligations to each Joint Client regardless of whether such payment is made before or after the death of any one or all monies at any time or from time to time as more of such Joint Owner may order and direct, even if such deliveries and/or payments shall be made to such Joint Owner personally, and not for the Joint Account. Each Joint Owner agrees to hold us and our employees and agents harmless from and indemnify the same against any losses, causes of action, damages, and expenses (including attorneys’ fees) arising from or as the result of us, our employees, or agents following the instructions of any Joint Owner. Each Joint Owner further agrees that we shall not be under any duty or obligation to inquire into the purpose or propriety of any such demand for delivery of securities or payment of moniesindividuals.

Appears in 1 contract

Sources: Client Agreement

Joint Accounts. In GeneralJoint Account Type: o JOINT “AND” o JOINT “OR” Each TRUSTOR represents to be of legal age or have the capacity to enter into legally binding contracts. It is understood that in cases where the TRUSTEE receives notice of any claim or dispute relating to the ownership or operation of the FUND, if this is either between or among the TRUSTORS or involving a Joint Accountthird party, each signer (“Joint Owner”) or the TRUSTEE receives a court order authorizing the release of this Agreement agrees that funds to one, some or all Joint Owners are jointly and severally liable for all obligations arising under TRUSTORS, the Agreement. Each Joint Owner agrees that each other Joint Owner TRUSTEE shall have the authority right, but without any obligation to give instructions to us regarding the Joint Accountdo so, to communicate take any action it deems necessary and receive information from us concerning appropriate under the Joint Accountcircumstances, including the institution of any suit to receive on behalf resolve the conflict or dispute, or the TRUSTEE may, in its sole and absolute discretion, release the proceeds to any one of the Joint Account securities and/or other property TRUSTORS, alternatively or concurrently. In this regard, the TRUSTOR shall hold the TRUSTEE free and to dispose of sameharmless from any and all liabilities, to make on behalf damages, costs and expenses which the TRUSTEE, its directors, officers, employees, or representatives may incur or suffer arising from the freezing of the Joint Account agreements relating investment or proceeds or any action taken by the TRUSTEE in its discretion. The TRUSTORS hereby certify and declare, under penalties of perjury, that every time a redemption is made, the other TRUSTOR/S is/are still living as of the date and time of such redemption, and the TRUSTEE may, at its discretion, rely on such certification and declaration and the TRUSTOR/S agree to keep the TRUSTEE free and harmless from any liability that may arise as a result of such reliance. In the event of death of any of the foregoing matters TRUSTORS, the TRUSTEE shall be promptly notified of such death in writing by the surviving TRUSTOR/s. FOR JOINT “AND” ACCOUNTS: The TRUSTORS agree with one another and to terminate with the TRUSTEE that all moneys heretofore, now or modify hereafter deposited, invested or waive participated by them or any of them in the provisions FUND are and shall be received and held by the TRUSTEE with the understanding and upon the condition that said moneys deposited without reference to previous ownership shall be the property of such agreements and generally to deal with us on behalf all TRUSTORS jointly. All transactions, instructions, redemptions, requests, notices or communications shall be made in writing by all JOINT TRUSTORS. The TRUSTORS hereby agree that upon the death of any one of the Joint AccountTRUSTORS, the investments shall be payable to and collectible jointly by the surviving TRUSTORS and the legal heirs of the deceased TRUSTOR upon compliance with the TRUSTEE’s requirements and the settlement of taxes on the investment, if any. The surviving TRUSTOR/s hereby hold the BANK free and harmless and indemnified from any and all taxes, claims/debts and liabilities arising from or in connection with the release of the proceeds of the investments in accordance with this provision. FOR SOLIDARY “OR” ACCOUNTS: The SOLIDARY TRUSTORS agree with one another and with the TRUSTEE that the investments, and any addition and income thereto, shall be received and held by the TRUSTEE with the understanding and upon the condition that said funds without providing notice reference to the other Joint Ownersprevious ownership shall be the property of the SOLIDARY TRUSTORS as solidary owners. Each Joint Owner agrees that we are authorized to follow All transactions, instructions, redemption, termination, requests, notices or communications regarding the investments shall be allowed upon the instructions of any one of the SOLIDARY TRUSTORS, it being understood that the SOLIDARY TRUSTORS constitute and appoint each other Joint Owner in every as attorney-in-fact and the TRUSTEE is authorized to accept and act upon such instructions, all without inquiry or regard by the TRUSTEE with respect to the use or disposition of the funds so redeemed, withdrawn, paid out, disbursed, assigned or encumbered without incurring any liability. This designation, appointment and authority shall also include, but not limited to, the following acts or documents: (i) pre-termination, termination or closure of the Account; (ii) redemption of all the investments; (iii) instruction to change address or requests for statement of account (SOA) or bank certifications or any other instructions concerning the Joint Account and to make deliveries to any Joint Owner, or upon instructions by any Joint Owner, operation of any securities and/or other property in the Joint Account, and to make payments to any Joint Owner, or upon orders of any Joint Owner, of investments; (iv) enroll any or all monies at Confirmation of Participation subject to this Agreement to TRUSTEE’s UITF online platform; (v) change the assigned settlement account; (vi) Affidavit of Loss and request for replacement of Confirmation of Participation; (vii) submission of a Special Power of Attorney authorizing a third party to redeem, withdraw the investments or make any time other transaction relating to the investment; and (viii) instruction to add a TRUSTOR or delete a TRUSTOR from time the account. This notwithstanding, the TRUSTEE reserves the right, in its discretion, to time as such Joint Owner may order require the written consent or approval of all SOLIDARY TRUSTORS for any action taken by any of the SOLIDARY TRUSTORS in connection with the FUND. The TRUSTOR/S hereby hold the TRUSTEE, its directors, officers and directemployees free and harmless from any claims, even if such deliveries and/or payments liabilities, and causes of action arising out of reliance on the authority given by the TRUSTORS. The TRUSTORS hereby agree that upon the death of any of the TRUSTORS, the proceeds of the investments shall be made payable to such Joint Owner personallyand collectible by the surviving TRUSTOR/S subject to compliance with the TRUSTEE’s requirements and settlement of taxes due on the investments, if any. The surviving TRUSTOR hereby hold the TRUSTEE free and not for the Joint Account. Each Joint Owner agrees to hold us harmless and our employees indemnified from any and agents harmless from all taxes, claims/debts and indemnify the same against any losses, causes of action, damages, and expenses (including attorneys’ fees) liabilities arising from or as the result of us, our employees, or agents following the instructions of any Joint Owner. Each Joint Owner further agrees that we shall not be under any duty or obligation to inquire into the purpose or propriety of any such demand for delivery of securities or payment of moniesin connection with this provision.

Appears in 1 contract

Sources: Trust Agreement

Joint Accounts. In GeneralIf more than one individual has entered into terms and conditions relating to the Account or completed a personal account application form, if this is then the Account shall be a "Joint Account, " and each signer (“Joint Owner”) individual signatory shall be a Customer for the purposes of this Agreement agrees that all Joint Owners are Agreement. Each Customer shall be jointly and severally liable (in Quebec, solidarily) to the Bank to perform all the obligations, be liable for all obligations arising under the Agreement. Each Joint Owner agrees that each other Joint Owner shall have the authority liabilities related to give instructions to us regarding the Joint Account, to communicate and receive information from us concerning the Joint Account, to receive on behalf of the Joint Account securities and/or under this Agreement and shall agree to all the terms and conditions in this Agreement, irrespective of which signatory to the Account undertook the obligation or incurred the liability. Each Customer shall have access to historical and current transaction details or any other property and to dispose of same, to make on behalf of the Joint Account agreements details relating to any of the foregoing matters and to terminate or modify or waive any of the provisions of such agreements and generally to deal with us on behalf of the Joint Account, all without providing notice to the other Joint Owners. Each Joint Owner agrees that we are authorized to follow the instructions of any other Joint Owner in every respect concerning the Joint Account and to make deliveries to any Joint Owner, or upon instructions by any Joint Owner, of any securities and/or other property in the Joint Account, and to make payments to each Customer agrees that the other may have the same access. Each Customer expressly intends and agrees that any interest in the Joint Owner, or upon orders of any Joint Owner, of any or all monies at any time or from time to time as such Joint Owner may order and direct, even if such deliveries and/or payments Account shall be made to such Joint Owner personallyowned by them as joint tenants with full rights of survivorship, and not for as tenants-in-common, and that the Bank is entitled to treat any interest in the Joint AccountAccount in this manner. The Bank may accept any instructions from either Customer, including honouring an Instrument, processing transactions in connection with Electronic Banking Services and Online Banking Services described below, or accepting any direction in respect of the Joint Account without requiring the authorization or consent of the other Customer, subject to any written instructions by both Customers to the contrary. Each Customer agrees that if one Customer is removed from the Joint Owner agrees Account by agreement of both Customers, or in the sole discretion of the Bank, acting reasonably, the Joint Account shall be closed. If either Customer dies, the deceased Customer's interest in the Joint Account shall pass automatically to hold us and our employees and agents harmless the surviving Customer, without releasing the deceased Customer or their estate from and indemnify the same against any losses, causes of action, damages, and expenses (including attorneys’ fees) liability arising from or as the result Joint Account until such time that the Bank has received satisfactory evidence of us, our employees, or agents following the instructions of any Joint Ownerdeath. Each Joint Owner further agrees that we The Bank shall not be under liable for any duty loss, damages or obligation to inquire into legal costs incurred in any dispute between the purpose estate of the deceased Customer, the surviving Customer or propriety third party arising from the Bank acting on the right of any such demand for delivery of securities or payment of moniessurvivorship.

Appears in 1 contract

Sources: Terms and Conditions of Customer Account

Joint Accounts. In GeneralIf you maintain a joint account, if unless you noti- fy DOBS otherwise and provide such documentation as DOBS re- quires, your account shall be held by you jointly with rights of sur- vivorship. Each joint tenant irrevocably appoints the other as at- ▇▇▇▇▇▇-in-fact to take all action on his or her behalf and to represent him or her in all matters with respect to this is agreement. You agree to indemnify Datek Online and we shall be fully pro- tected in acting upon the instructions of either of you. This includes the sending of confirmations, statements, notices or other commu- nications to either of you, or in making delivery to any of the joint owners of any and all securities and other property in the account, or making payments to any of the joint owners of any or all monies in the account as any of the joint owners may order and direct, or specifically fulfilling obligations pertaining to and/or as a Joint Account, each signer (“Joint Owner”) result of this Agreement agrees that all Joint Owners are any check writing privileges of either joint tenant. Datek Online shall be under no obligation to inquire as to the purpose of any such demand for deliveries and payments. Each of you shall be jointly and severally liable for all obligations arising under any amounts due to Datek Online pursuant to this agreement, whether incurred individually or by both of you. In the Agreement. Each Joint Owner agrees that each other Joint Owner shall have the authority to give instructions to us regarding the Joint Account, to communicate and receive information from us concerning the Joint Account, to receive on behalf event of the Joint Account securities and/or other property and to dispose death of same, to make on behalf of the Joint Account agreements relating to any of the foregoing matters joint owners, the surviving joint owner(s) shall immediately give DOBS proper written notice thereof, and Datek Online may, before or after receiving such no- tice, take such proceedings, require such documents, retain such portion of and restrict transactions in the account as we deem ad- visable, in our sole discretion, to terminate protect ourselves against any tax liability, penalty or modify loss under any present or waive future laws or other- wise. The estate of any deceased joint owner shall be liable and each survivor will be liable, jointly and severally, to Datek Online for any debt or loss in the account resulting from the completion of transactions initiated prior to Datek Online's receipt of a written notice of death, or for debt or loss incurred in the liquidation of the provisions of such agreements and generally to deal with us on behalf account or the adjustment of the Joint Accountinterests of the joint owners. π 1 2001 ■ —Ó‚ ÂÏÂÌÌ˚È Ú ÂȉËÌ„ 53 œÂ ‚˚È ÌÂÁ‡‚ËÒËÏ˚È ÊÛ Ì‡Î Ó Ú ÂȉË̄ ̇ ÛÒÒÍÓÏ ˇÁ˚ÍÂ В случае смерти одного из совладельцев совместного счета оставшийся в живых должен незамедлительно известить DOBS об этом в письменном виде. В этом случае Datek Online, all without providing notice to до или после получения такого уведомления, может затребовать допол- нительные документы либо ограничить использование учетной записи с целью своей защиты от налоговой ответственности, штрафов или возможных потерь в соответствии с любым сущест- вующим или принятым в будущем законом или по другим причи- нам. Оставшийся в живых несет ответственность за собствен- ность и возможную задолженность умершего совладельца перед Datek Online. Любые налоги или другие расходы, требующие оплаты и выво- да средств с учетной записи в результате смерти одного из со- владельцев, производятся независимо от интересов совладель- ца, оставшегося в живых. 7. Отсутствие советов. Вы понимаете, что мы не даем никаких со- ветов по проведению операций, налогообложению или юриди- ческим аспектам. Мы не предоставляем рекомендаций и не ука- зываем свое мнение по поводу каких-либо операций с ценными бумагами или значения и пригодности инвестиционных страте- гий. Вы также понимаете, что можете использовать различные инвестиционные отчеты и исследования, получаемые через наш сайт, включая услуги онлайновых служб. При этом доступность такой информации не означает, что она может использоваться как рекомендация к покупке или продаже любых ценных бумаг, упоминаемых в таких отчетах. Любые инвестиционные решения будут основаны исключительно на вашей оценке собственных финансовых обстоятельств и инвестиционных целей. Любые рас- поряжения, совершенные с использованием вашего пароля, счи- таются совершенными с вашего согласия. Если доступ к Вашей учетной записи и нашим услугам будет получен третьими лицами, вы будете сотрудничать с нами с целью нашей защиты и возме- щения наших убытков в результате любой ответственности, за- трат или убытков, проистекающих из требований или исков тре- тьих лиц, которые могут произойти в результате такого использо- вания Вашего пароля. 8. Выставление ордеров. Вы понимаете, что все ордера, введен- ные вами при помощи электронных средств или иначе, основаны на ваших инвестиционных решениях, и вы самостоятельно отве- чаете за их последствия. Вы не будете привлекать Datek Online, его руководство, служащих, исполнителей или филиалы к ответ- ственности за любые потери в результате торговли или любые другие убытки, понесенные вами. Вы понимаете, что выставление ордеров для DOBS, включая рыночные ордера, не гарантирует их исполнение. Вы соглашаетесь с тем, что Datek Online не несет ответственность за неисполнение любого ордера. Вы понимае- те, что Datek Online, NASD, NYSE и AMEX имеют право отменить любую выполняемую операцию на том основании, что она была, по их мнению, «явно ошибочной». Вы соглашаетесь, что, выбирая рынок для наилучшего испол- нения ваших ордеров, DOBS, в соответствии с нормативными требованиями, осуществляет его на свое усмотрение. 9. Отмена ордера. Задержка и исправление отчетов. Когда вы даете распоряжение на отмену ордера, его отмена не может быть гарантирована. Ваш ордер будет отменен только в том слу- чае, если он принят, но еще не был исполнен. Во время торгов ордер можно отменить только в редких случаях, так как все ры- ночные заявки выполняются незамедлительно. Не считайте, что ваш ордер отменен до тех пор, пока вы не получили соответству- ющего подтверждения операции от Datek Online через электрон- ную почту или сайт. Обратите внимание, что Datek Online иногда получает сообщения от бирж и брокеров о ходе торгов с опоз- Any taxes or other expense becoming a lien against or being payable out of the other Joint Owners. Each Joint Owner agrees that we are authorized to follow the instructions of any other Joint Owner in every respect concerning the Joint Account and to make deliveries to any Joint Owner, or upon instructions by any Joint Owner, of any securities and/or other property in the Joint Account, and to make payments to any Joint Owner, or upon orders of any Joint Owner, of any or all monies at any time or from time to time as such Joint Owner may order and direct, even if such deliveries and/or payments shall be made to such Joint Owner personally, and not for the Joint Account. Each Joint Owner agrees to hold us and our employees and agents harmless from and indemnify the same against any losses, causes of action, damages, and expenses (including attorneys’ fees) arising from or account as the result of us, our employeesthe death of any of the joint owners, or agents following through the instructions exercise by his or her estate or repre- sentatives of any Joint Owner. Each Joint Owner further agrees that we rights in the account, shall not be under any duty or obligation to inquire into chargeable against the purpose or propriety interest of any such demand for delivery the surviving joint owner(s) as well as against the inter- est of securities or payment of moniesthe deceased joint owner's estate.

Appears in 1 contract

Sources: Customer Agreement

Joint Accounts. In GeneralIf two or more parties have signed an Application and Agreement with respect to one or more accounts, if this is you are creating, and intend to create, a Joint Account"joint tenancy with rights of survivorship." That is, each signer (“Joint Owner”) you as the owners of this Agreement agrees the account agree with yourselves and the Credit Union that all Joint Owners are sums paid in shares or other deposits (as applicable), together with all accumulations, prior to now or hereafter, less setoffs as allowed by law for any sums due the Credit Union by any party, shall be owned by all of you jointly with full right of survivorship, and severally liable for all obligations arising under the Agreementshall be subject to withdrawal or receipt by any of you in whole or in part. Each Joint Owner agrees that each other Joint Owner shall have the authority to give instructions to us regarding the Joint Account, to communicate and receive information from us concerning the Joint Account, to receive on behalf of the Joint Account securities and/or other property and to dispose of same, to make on behalf of the Joint Account agreements relating Payment to any of you or the foregoing matters survivor(s) of you, or the personal representative, administrator or assign of the last survivor of you, shall be valid and discharge the Credit Union from any liability for such payment and amount. Each signer appoints each other signer to be his or her irrevocable attorney in fact: to make deposits to the account; to endorse, for cash or deposit, any checks or other items whether payable to one of the signers alone or with others; and to terminate or modify or waive any of the provisions of such agreements receive and generally to deal with us on behalf of the Joint Account, receipt for all funds all without providing notice obligation to the other Joint Owners. Each Joint Owner agrees that we are authorized to follow the instructions of any other Joint Owner in every respect concerning the Joint Account and to make deliveries to any Joint Owner, or upon instructions by any Joint Owner, of any securities and/or other property in the Joint Account, and to make payments to any Joint Owner, or upon orders of any Joint Owner, of any or all monies at any time or from time to time as such Joint Owner may order and direct, even if such deliveries and/or payments shall be made to such Joint Owner personally, and not for the Joint Account. Each Joint Owner agrees to hold us and our employees and agents harmless from and indemnify the same against any losses, causes of action, damages, and expenses (including attorneys’ fees) arising from or as the result of us, our employees, or agents following the instructions of any Joint Owner. Each Joint Owner further agrees that we shall not be under any duty or obligation to inquire into the purpose source or propriety application of funds. To induce us to act hereunder, each person signing the Membership Application and Agreement jointly and singly agrees to hold the Credit Union harmless and indemnify us from loss, cost, and damage in all respects in connection with any of the foregoing, including court costs and attorneys’ fees, except as may be limited by applicable law. Unless specifically prohibited in writing from doing so, any or all of the joint owners may pledge all or part of the shares or deposits in the account as collateral for security on a loan(s). Any owner who is a surviving owner agrees that the Credit Union to the extent allowed by law may set off any money in the account against any obligation of a deceased owner within thirty days after the Credit Union becomes aware of the deceased owner’s death unless such demand a setoff would not have been allowed during the deceased individual’s lifetime (such as would be the case with certain tax favored accounts). All owners who are surviving owners also agree that their interests in the account are subject to any security interest or pledge granted by a deceased owner, even if they individually did not consent to it. No authority or obligation of the Credit Union may be changed or terminated by one or more of the joint owners without prior written notice to the Credit Union, and no such change or termination shall affect transactions already made. Further, each joint owner is subject to the terms and disclosures of this Agreement, and hereby acknowledges receipt of the Agreement. We may refuse to authorize a withdrawal from a joint account when we have knowledge of a dispute between the joint accountholders until the matter is resolved. If a deposited item in a joint account is returned unpaid, the account is overdrawn, or if the Credit Union does not receive final payment on a transaction, the owners, jointly and severally, are liable to the Credit Union for delivery the amount of securities the returned item, overdraft, or payment unpaid amount and any charges, regardless of monieswho initiated or benefited from the transaction. If any account owner is indebted to the Credit Union, the Credit Union may enforce its rights against any account of an owner or all funds in the joint account regardless of who contributed them. Except as modified in this Agreement, joint accounts shall be subject to and governed by PA 41 of the Public Acts of 1968 (Michigan), as amended, being M.C.L. 490.51 et seq., and commonly known as the Credit Union Multiple-Party Accounts Act. An account owned by a person that is not a natural person (that is, an account owned by a corporation or other legal entity or by a trust) may not have joint owners. beneficiary/payee's interest in any account, except as otherwise provided by law. The interests of the beneficiary(ies) is subject to the right of the Credit Union, to the extent allowed by law, to set off any money in the account against any obligation of the deceased owner (or the last owner to die, if there was more than one) within thirty days after the Credit Union becomes aware of the deceased owner’s death unless such a setoff would not have been allowed during the deceased individual’s lifetime (such as would be the case with certain tax favored accounts). The Credit Union reserves the right to require documentation in order to confirm that an account has become properly payable to a beneficiary or beneficiaries. An account owned by a person that is not a natural person (that is, an account owned by a corporation or other legal entity or by a trust) may not have beneficiaries.

Appears in 1 contract

Sources: Membership Agreement

Joint Accounts. In General, if this Where any Account is a Joint Account, each signer in the joint names of or opened by two or more persons (“Joint OwnerSuch Persons) of this Agreement agrees that ), all Joint Owners are jointly agreements, obligations, powers, authorities and severally liable for all obligations arising under liabilities herein contained or incurred hereunder on the Agreement. Each Joint Owner agrees that each other Joint Owner shall have the authority to give instructions to us regarding the Joint Account, to communicate and receive information from us concerning the Joint Account, to receive on behalf part of the Joint Account securities and/or Customer shall be deemed to be joint and several. ANZ’s obligation to notify Such Persons shall be discharged if ANZ notifies any of them. Without affecting ANZ’s rights and remedies against any of Such Persons, ANZ may compound or vary the liabilities of or grant time or other property and to dispose of same, to make on behalf of the Joint Account agreements relating indulgence to any of the foregoing matters and to terminate them. The credit or modify or waive any asset balance of the provisions of such agreements and generally to deal with us on behalf of the Joint AccountAccount or any amount made available under any advances, all without providing notice to the loans, credits or other Joint Owners. Each Joint Owner agrees that we are authorized to follow the instructions of any other Joint Owner in every respect concerning the Joint Account and to make deliveries to any Joint Owner, services or upon instructions by any Joint Owner, of any securities and/or other property in the Joint Account, and to make payments to any Joint Owner, or upon orders of any Joint Owner, of any or all monies facilities at any time is and will be owned by Such Persons as joint tenants. Any and all funds belonging, or from purporting to belong, to any one or more of Such Persons (including without limitation the proceeds of any and all advances, loans, credits or other services or facilities which may be made by ANZ or for the account of any one or more of Such Persons) may be deposited at ANZ’s discretion and in the absence of contrary instructions, to the credit of the Account. The credit or asset balance of the Account at any time to time as such Joint Owner may order and direct, even if such deliveries and/or payments any items deposited with ANZ shall be made subject to such Joint Owner personallywithdrawal, and not transfer or other disposal, in whole or in part, (subject to the Rules, and/or agreements then applicable to the Account) in accordance with the provisions herein all without any responsibility or liability on ANZ’s part for the Joint Account. Each Joint Owner agrees to hold us and our employees and agents harmless from and indemnify the same against any losses, causes of action, damages, and expenses (including attorneys’ fees) arising from use or as the result of us, our employees, or agents following the instructions of any Joint Owner. Each Joint Owner further agrees that we shall not be under any duty or obligation to inquire into the purpose or propriety disposition of any such demand for delivery funds or items. In the event of securities the death of one or payment more of moniesSuch Persons, ANZ will be promptly provided with one or more official certificates as to such death(s), and the amount of any credit or asset balance of the Account and the documents safe kept by ANZ at the time of such death(s), shall belong to the survivor(s) of them and may be disposed of by them as such, subject to any obligations of ANZ to comply with any estate or other tax requirements(s) applicable thereto.

Appears in 1 contract

Sources: Accounts Agreement

Joint Accounts. In GeneralMembers should plan carefully and completely when choosing to enter into a joint account relationship. If two (2) or more parties have signed a Signature Card, if this is you are creating, and intend to create, a Joint Account“joint tenancy with rights of survivorship.” That is, each signer you as the owners of the account agree with yourselves and the Credit Union that all sums paid in shares or other deposits (“Joint Owner”as applicable), together with all accumulations, prior to now or hereafter, less set-offs as allowed by law for any sums due the Credit Union by any party, shall be owned by all of you jointly with full right of survivorship, and shall be subject to withdrawal or receipt by any of you in whole or in part. Payment to (i) any of you or (ii) the survivor(s) of this Agreement agrees that you, or (iii) the personal representatives, administrators, fiduciaries, or assigns of the last survivor of you, shall be valid and discharge the Credit Union from any liability for such payment and amount. Each account owner appoints all Joint Owners are jointly other account owners to be his or her irrevocable attorney; to make deposits to the account; to endorse for cash or deposit any checks or other items whether payable to one of the account owners alone or with others; and severally liable to receive and receipt for all obligations arising under the Agreement. Each Joint Owner agrees that each other Joint Owner shall have the authority to give instructions funds all without obligation to us regarding the Joint Account, to communicate and receive information from us concerning the Joint Account, to receive on behalf of the Joint Account securities and/or other property and to dispose of same, to make on behalf of the Joint Account agreements relating to any of the foregoing matters and to terminate or modify or waive any of the provisions of such agreements and generally to deal with us on behalf of the Joint Account, all without providing notice to the other Joint Owners. Each Joint Owner agrees that we are authorized to follow the instructions of any other Joint Owner in every respect concerning the Joint Account and to make deliveries to any Joint Owner, or upon instructions by any Joint Owner, of any securities and/or other property in the Joint Account, and to make payments to any Joint Owner, or upon orders of any Joint Owner, of any or all monies at any time or from time to time as such Joint Owner may order and direct, even if such deliveries and/or payments shall be made to such Joint Owner personally, and not for the Joint Account. Each Joint Owner agrees to hold us and our employees and agents harmless from and indemnify the same against any losses, causes of action, damages, and expenses (including attorneys’ fees) arising from or as the result of us, our employees, or agents following the instructions of any Joint Owner. Each Joint Owner further agrees that we shall not be under any duty or obligation to inquire into the purpose source or propriety application of funds. To induce us to act thereunder, each person signing the Signature Card jointly and singly agrees to hold the Credit Union harmless and indemnify us from loss, cost, and damage in all respects in connection with any of the foregoing, including court costs and attorneys’ fees, except as may be limited by applicable law. Any or all of the account owners may pledge all or part of the shares or deposits in the account as collateral for security on a loan(s). No authority or obligation of the Credit Union may be changed or terminated by one or more of the account owners without prior written notice to the Credit Union, and no such demand for delivery change or termination shall affect transactions already made. Further, each account owner is subject to the terms and disclosures of securities or payment this Agreement, and hereby acknowledges receipt of monies.the Agreement. We may refuse to authorize a withdrawal from a joint account when we have knowledge of a dispute between the joint account

Appears in 1 contract

Sources: Membership and Account Agreement

Joint Accounts. In General, if this If the Account is a joint account, i.e. the Account is in the name of more than one person or is in the name of oneself and on behalf of others (whether a partnership or otherwise): (a) the expression "Client" shall include each such person (a "Joint Account, each signer (“Client") and the liability of Joint Owner”) of this Agreement agrees that all Joint Owners are jointly and severally liable for all obligations arising Clients under the Agreement. Each Agreement shall be joint and several; (b) any demand for payment on any one or more of the Joint Owner agrees that Clients shall be treated as a valid demand on each and all of the Joint Clients; (c) the Company may release or discharge any one or more of the Joint Clients from liability under the Agreement or compound with, accept compositions from, or make any other arrangement with, any of Joint Clients without releasing or discharging or otherwise prejudicing or affecting its rights and remedies against any other Joint Owner Client; (d) the Agreement shall not be affected by the death, incapacity or dissolution of any Joint Client; (e) termination of the Agreement pursuant to Clause 27 (Termination) by any one or more of the Joint Clients or its or their personal representatives shall not affect the continuing liability of the other Joint Clients; (f) the Company shall have a lien on the property of each Joint Client. The Company's lien shall be additional to the rights and remedies of the Company pursuant to the Agreement; (g) each of the Joint Clients singly and severally, without notice to the others, shall have the authority to give instructions Instructions to us regarding the Joint AccountCompany or exercise all the rights, to communicate powers and receive information from us concerning the Joint Account, to receive on behalf discretions of the Joint Account securities and/or other property and Client pursuant to dispose of same, to make on behalf of the Joint Account agreements relating to any of the foregoing matters and to terminate or modify or waive any of the provisions of such agreements Agreement and generally to deal with us the Company on behalf of the other Joint AccountClients as if each of the Joint Clients alone was the sole Account holder and so as to bind all the Joint Clients. The Company is authorised to act on the Instructions of any one of the Joint Clients and shall not be required to give notice to, all without providing notice to or obtain authorization from, the other Joint Owners. Each Joint Owner agrees that we are authorized Clients in respect of such Instructions; (h) the Company shall be under no duty whatsoever to follow inquire or monitor the instructions application or disposition of any other Joint Owner monies or properties in every respect concerning any Account by any of the Joint Account Clients; (i) the Joint Clients have entered into the Agreement as joint tenants with a right of survivorship and to make deliveries to any Joint Owner, or upon instructions by any Joint Owner, of any securities and/or other property not as tenants-in-common; (j) in the Joint Account, and to make payments to any Joint Owner, or upon orders event of death of any Joint OwnerClient, the deceased Joint Client's entire interest in the Account shall be vested in the surviving Joint Client(s) on the same terms as are set out in the Agreement but without releasing any liabilities incurred to the Company prior to the Company's actual receipt of the written notification of the death of the Joint Client and the Company will be entitled to enforce its rights against the Joint Client's estate. The estate of the deceased Joint Client shall be liable and each surviving Joint Client(s) shall be liable, jointly and severally, to the Company for any debt or loss in the Account arising from completion of Transactions instructed prior to the Company's actual receipt of a written notice of such death. The estate of the deceased Joint Client or the surviving Joint Client(s) shall immediately notify the Company in writing of the death of the relevant Joint Client and any changes in the identity of the Authorised Person(s) consequent upon such death. The Company shall hold the Client's assets to the order of the surviving Joint Client(s) under the terms of the Agreement subject to the surviving Joint Client(s) producing and delivering to the satisfaction of the Company evidence of death of the relevant Joint Client and evidence of compliance of all applicable requirements under law (including all obligations regarding payment or clearance of estate duty), and the Company may take such steps and require such documents and/or indemnities as the Company may reasonably specify to protect the interests of the Company with respect to any tax, liability, penalty or loss under any applicable law; (k) each of the Joint Clients shall be bound by the Agreement regardless of the arrangement or agreement among the Joint Clients and notwithstanding that the Agreement may be invalid or unenforceable against any one or more of the Joint Clients (whether or not the defect is known to the Company); (l) any notice or communication from the Client shall be effective on the Company if given by any one of the Joint Clients to the Company, and shall be effective on all Joint Clients if given by the Company to any of the Joint Clients; and (m) any payment made to any one of the Joint Clients shall be a valid and complete discharge of the Company's obligations to each Joint Client regardless of whether such payment is made before or after the death of any one or all monies at any time or from time to time as more of such Joint Owner may order and direct, even if such deliveries and/or payments shall be made to such Joint Owner personally, and not for the Joint Account. Each Joint Owner agrees to hold us and our employees and agents harmless from and indemnify the same against any losses, causes of action, damages, and expenses (including attorneys’ fees) arising from or as the result of us, our employees, or agents following the instructions of any Joint Owner. Each Joint Owner further agrees that we shall not be under any duty or obligation to inquire into the purpose or propriety of any such demand for delivery of securities or payment of moniesindividuals.

Appears in 1 contract

Sources: Client Agreement

Joint Accounts. In General, if a. If this is a Joint Account, each signer (“Joint Owner”) of this Agreement agrees that all Joint Owners are jointly and severally liable for all obligations arising under the Agreement. Each Joint Owner agrees we agree that each other Joint Owner of us shall have the authority to give instructions to us regarding the Joint Account, to communicate and receive information from us concerning the Joint Account, to receive on behalf of the Joint Account securities and/or account to buy, sell (including short sales), and otherwise deal in, through you as brokers, securities, options or other property on margin or otherwise; to receive for the account, confirmations, statements and communications of every kind; to receive for the account and to dispose of samemoney, securities and other property; to make on behalf of make, terminate, or modify for the Joint Account account, agreements relating to any of the foregoing these matters and to terminate or modify or waive any of the provisions of such agreements agreements; and generally to deal with you as if each of us on behalf of alone were the Joint Accountaccount owner, all without providing notice to the other Joint Ownersaccount owners. We agree that notice to any account owner shall be deemed to be notice to all account owners. Each Joint Owner agrees that we are authorized to account owner shall be jointly and severally liable for this account. b. You may follow the instructions of any other Joint Owner in every respect of us concerning the Joint Account this account and to make deliveries to any Joint Owner, or upon instructions by any Joint Ownerof us, of any or all securities and/or or other property in the Joint Accountthis account, and to make payments to any Joint Owner, or upon orders of any Joint Ownerus, of any or all monies at in this account as any time or from time to time as such Joint Owner of us may order and direct, even if such deliveries and/or payments shall be made to such Joint Owner personally, and not for the Joint Accountone of us personally or to third parties. Each Joint Owner agrees to hold us and our employees and agents harmless from and indemnify the same against any losses, causes of action, damages, and expenses (including attorneys’ fees) arising from or as the result of us, our employees, or agents following the instructions of any Joint Owner. Each Joint Owner further agrees that we You shall not be under any duty or no obligation to inquire into the purpose or propriety of any such demand for delivery of securities securities, THE REVERSE SIDE OF THIS AGREEMENT MUST 3025 (8/91) BE SIGNED BY ALL ACCOUNT OWNERS property, or payment of monies, and you shall not be bound to see to the application or disposition of the said securities, property and/or monies so delivered or paid to any of us. Notwithstanding the foregoing, you are authorized, in your discretion, to require joint action by the joint tenants with respect to any matter concerning the joint account. Including the giving or cancellation of orders and the withdrawal of monies, securities or other property. c. In the event of the death of any of us, the survivor(s) shall immediately give you written notice thereof, and you may, before or after receiving such notice, take such proceedings, require such documents, retain such portion of the accounts, and/or restrict transactions in the account as you may deem advisable to protect you against any tax liability, penalty or loss under any present or future laws or otherwise. The estate of any of us who shall have died shall be liable and each survivor will be liable, jointly and severally, to you for any debt or loss in this account resulting from the completion of transactions initiated prior to your receipt of a written notice of such death or incurred in the liquidation of the account or the adjustment of the interests of the respective parties. d. Any taxes or other expenses becoming a lien against or being payable out of the account as the result of the death of any of us, or through the exercise by his or her estate or representatives of any rights in the account shall be chargeable against the interest of the survivor(s) as well as against the interest of the estate of the decedent. This provision shall not release the decedent's estate from any liability provided for in this agreement. e. DESIGNATION OF TENANCY (This paragraph "22(e)" is not applicable in the State of Texas, where form no. 3882 "Texas Joint Account Supplement..." must be executed and returned with this agreement to you.). You may presume that it is the express intention of us to create an estate or account as joint tenants with rights of survivorship, and not as tenants-in-common, unless otherwise provided by striking this paragraph and executing a separate Tenancy-in-Common form and returning it to you. In the event of the death of either or any of us, the entire interest in the joint account shall be vested in the survivor(s) on the same terms and conditions as therefore held, without in any manner releasing the decedent's estate from the liability.

Appears in 1 contract

Sources: Client Agreement (Vannini Jonathan)

Joint Accounts. In General, if ■ If this is a Joint Account, we authorize you to designate this account as “joint tenants with right of survivorship,” or if we are married, as “tenants by entireties,” unless otherwise directed by us. We agree that our account will be carried on your books in the form reflected by the Account name appearing on the Account Statement that you provide. In the event that the account is a joint tenancy with rights of survivorship or a tenancy by the entireties, the entire interest in the joint account shall be vested in the survivor or survivors on the same terms and conditions as before the death and the survivors will indemnify you for any loss which you may incur through treatment of the account as provided herein. ■ We agree that each signer (“Joint Owner”) of us shall have authority with respect to this Agreement agrees account to deal with you as if each of us alone were the account owner, all without notice to the other account owner(s). We agree that notice to any account owner shall be deemed to be notice to all Joint Owners are account owners. Each account owner shall be jointly and severally liable for all obligations arising under the Agreementthis account. Each Joint Owner agrees that each other Joint Owner shall have the authority to give instructions to us regarding the Joint Account, to communicate and receive information from us concerning the Joint Account, to receive on behalf of the Joint Account securities and/or other property and to dispose of same, to make on behalf of the Joint Account agreements relating to any of the foregoing matters and to terminate or modify or waive any of the provisions of such agreements and generally to deal with us on behalf of the Joint Account, all without providing notice to the other Joint Owners. Each Joint Owner agrees that we are authorized to You may follow the instructions of any other Joint Owner in every respect of us concerning the Joint Account this account and to make deliveries to any Joint Owner, or upon instructions by any Joint Owner, of any securities and/or other property in the Joint Account, and to make payments to any Joint Owner, or upon orders of any Joint Ownerus, of any or all monies at any time or from time to time as such Joint Owner may order property and directpayment, even if such deliveries and/or payments shall be made to such Joint Owner one of us personally, and not for to all of the Joint Accountaccount owners. Each Joint Owner agrees to hold us and our employees and agents harmless from and indemnify the same against any losses, causes of action, damages, and expenses (including attorneys’ fees) arising from or as the result of us, our employees, or agents following the instructions of any Joint Owner. Each Joint Owner further agrees that we You shall not be under any duty or no obligation to inquire into the purpose or propriety of any such demand for delivery of securities or payment payment, and you shall not be bound to see to the application or disposition of the securities and/or monies so delivered or paid to any of us. Notwithstanding the foregoing, you are authorized, in your discretion, to require joint action by all of the account owners with respect to any matter concerning the account, including the giving or cancellation of orders and the withdrawal of monies, securities, or other property. ■ In the event of the death of any of us, the survivor(s) shall immediately give you written notice thereof, and you may, before or after receiving such notice, take such action, require such documents, retain such securities and/or restrict transactions in the account as you may deem advisable to protect you against any tax, liability, penalty, or loss under any present or future laws or otherwise. Any cost resulting from the death of any of us, or through the exercise by any decedent’s estate or representatives of any rights in the account shall be chargeable against the interest of the survivor(s) as well as against the interest of the estate of the decedent. The estate of the decedent and each survivor shall continue to be liable jointly and severally to you for any obligation of the joint account or net debit balance or loss in said account until such time as you distribute the assets in accordance with our instructions.

Appears in 1 contract

Sources: Account Agreement

Joint Accounts. In General, if this If the Account is opened in two or more names or a Joint Accountpartnership, each signer of the Customers or each of the partners (“Joint Owner”as the case may be) represents, acknowledges and warrants that: (a) the Customers’ liabilities hereunder shall be joint and several and each of this Agreement agrees that all Joint Owners are jointly and severally liable for all obligations arising under the Agreement. Each Joint Owner agrees that each other Joint Owner Customers shall have the authority to give instructions to us regarding exercise all the Joint AccountCustomers’ rights, to communicate powers and receive information from us concerning the Joint Account, to receive on behalf of the Joint Account securities and/or other property and to dispose of same, to make on behalf of the Joint Account agreements relating to any of the foregoing matters and to terminate or modify or waive any of the provisions of such agreements discretion hereunder and generally to deal with us on behalf MSL as if each of the Joint AccountCustomers alone were the sole Account holder, all without providing notice to the other Joint Owners. Each Joint Owner agrees that we are authorized to other; (b) MSL may follow the instructions Instructions of either/any other Joint Owner in every respect of the Customers concerning the Joint Account and to make deliveries to of Securities or payments of monies hereunder in accordance with the directions of either/any Joint Owner, or upon instructions by any Joint Owner, of any securities and/or other property in the Joint Account, and to make payments to any Joint Owner, or upon orders of any Joint Owner, of any or all monies at any time or from time to time as such Joint Owner may order and direct, even if such deliveries and/or payments Customers. MSL shall be made to such Joint Owner personally, and not for the Joint Account. Each Joint Owner agrees to hold us and our employees and agents harmless from and indemnify the same against any losses, causes of action, damages, and expenses (including attorneys’ fees) arising from or as the result of us, our employees, or agents following the instructions of any Joint Owner. Each Joint Owner further agrees that we shall not be under any duty or no obligation to inquire into or to see to the purpose application or propriety disposition of such Securities or monies; (c) the Customers enter into this Agreement as joint tenants with right of survivorship and not as tenants-in-common. Upon the death of either/any of the Customers, the deceased Customer’s entire interest in the Account shall be vested in the surviving Customer (who shall have full authority to give Instructions) but without releasing any liabilities of the deceased Customer, which shall be enforceable against the deceased Customer’s estate; (d) upon the death of either/any of the Customers, the estate of the deceased Customer and any surviving Customer shall be liable, jointly and severally, to MSL for any debt or loss in the Account arising from completion of Transactions related to instruction given, whether prior to or after MSL’s receipt of a written notice of such demand for delivery death; and (e) in the case there is a dispute or legal proceedings involving the assets of securities an Account, or payment when MSL is in the opinion that there are contradictions, conflicts or ambiguities between any unexecuted Instruction or Instruction given by any surviving Customer or alleged beneficiary of moniesthe deceased Customer’s estate and any court order (including without limitation to letter of administration or other probate related order issued by the courts), MSL shall have the power to withhold the assets of the subject Account pending the final resolution or settlement of such dispute, legal proceedings, contradictions or conflicts or clarification of such ambiguities. For the avoidance of doubt, this sub-clause shall also be applicable to Accounts that is not opened as joint accounts. 38.

Appears in 1 contract

Sources: Client Trading Agreement

Joint Accounts. In General, if this is If more than one Client (each a “Co-Client”) opens Accounts which are joint accounts (each a “Joint Account, each signer (“Joint Owner”) of this Agreement agrees then the Co-Clients and the Manager agree that all Joint Owners are jointly and severally liable for all obligations arising under the Agreement. Each Joint Owner agrees that each other Joint Owner shall have the authority to give instructions to us regarding Managed Assets in the Joint Account, to communicate and receive information from us concerning the Joint Account, to receive on behalf Account are owned by each Co-Client of the Joint Account securities and/or as joint tenants and not tenants in common. All Joint Accounts, except those in Quebec, are with right of survivorship, which means that each Co-Client assigns to the other property Co-Clients and their survivors jointly all Managed Assets in the Joint Account. The direction of the Co-Clients to (a) to receive every communication with respect to the Joint Account and each transaction; (b) to receive and withdraw any Managed Assets from the Joint Account without limitation in amount, in the Co-Client’s individual name or in the name of any other person at the Co-Client’s direction, and to dispose of same, the same without recourse to make on behalf the Manager by any one or more of the Joint Account Co-Clients; (c) to execute agreements relating to any of the foregoing matters and to terminate or terminate, modify or waive any of the provisions of such agreements and applicable provisions; and (d) generally to act and deal with us on behalf the Manager in respect of the Joint Account, all without providing notice to Account as fully and with the other Joint Owners. Each Joint Owner agrees that we are authorized to follow same authority as though the instructions of any other Joint Owner in every respect concerning the Joint Account and to make deliveries to any Joint Owner, or upon instructions by any Joint Owner, of any securities and/or other property Co-Client alone were interested in the Joint Account, and ; all without notice to any other Co-Client. Each Co-Client of a Joint Account specifically acknowledges that the Manager may make deliveries of Managed Assets or payments to any one of the Co-Clients of that Joint OwnerAccount or any other person upon, or upon orders pursuant to, instructions received from any one of any Joint Owner, of any or all monies at any time or from time to time as such Joint Owner may order Co-Clients and direct, even if in such deliveries and/or payments shall be made to such Joint Owner personally, and not for event the Joint Account. Each Joint Owner agrees to hold us and our employees and agents harmless from and indemnify the same against any losses, causes of action, damages, and expenses (including attorneys’ fees) arising from or as the result of us, our employees, or agents following the instructions of any Joint Owner. Each Joint Owner further agrees that we shall not Manager will be under any no duty or obligation to inquire into the purpose or propriety of any such demand instructions. The Manager will not be bound to see to the application or disposition of the Managed Assets delivered or payments made. Each Co-Client jointly and severally agrees to indemnify and hold the Manager and its employees, officers, directors, agents and nominees harmless from any loss, liability or expense resulting from the Manager acting in accordance with the above authority. Without in any way limiting the foregoing or the authority granted thereunder, the Manager is authorized, in its absolute discretion, to require joint action by all of the Co-Clients of a Joint Account with respect to any matter concerning such Joint Account including but not limited to the giving or cancellation of instructions and the withdrawal of monies, Managed Assets or other property. The Co-Clients are jointly and severally liable to the Manager for delivery of securities any debts, obligations or liabilities arising in connection with a Joint Account, including, without limitation, the payment of moniesfees due hereunder.

Appears in 1 contract

Sources: Client Account Agreement

Joint Accounts. In General, A joint account is an account that is owned by two or more individuals with right of survivorship. You agree that if this your account was opened by two or more individuals it is a Joint Accountjoint account, unless you have given the Bank written instructions to the contrary. If yours is a joint account, you agree that (unless you elected, in the Account Application, not to exercise signing authority when acting alone) any one of the account owners may endorse, deposit, or cash checks which are payable to any or all of the account owners and any of the account owners is authorized to act for the others (and the Bank may accept instructions regarding the account from any of them). Each of you will be liable to the Bank for all charges and overdrafts created in this account. In effect (unless you elected, in the Account Application, not to exercise signing authority when acting alone), any of the account owners may control the account as if it were owned by that account owner individually. If a check is returned unpaid, each signer (“Joint Owner”of you is liable to the Bank regardless of who deposited or cashed the check. Upon the death of any of you, the monies on deposit or other assets in the account will belong to the survivor(s). The Bank may require the survivor(s) to produce legal documents before releasing the monies on deposit or other assets, however, and may condition any such release upon the full satisfaction of the requirements of Section 7 of this Agreement agrees that all Joint Owners are jointly and severally liable for all obligations arising under the Agreement. Each Joint Owner agrees that each other Joint Owner shall have the authority to give instructions to us of you may approve statements of account and obtain information regarding the Joint Accountaccount, to communicate and receive information from us concerning may order payment stopped on any items drawn against the Joint Account, to receive on behalf of the Joint Account securities and/or other property and to dispose of same, to make on behalf of the Joint Account agreements relating to any of the foregoing matters and to terminate or modify or waive any of the provisions of such agreements and generally to deal with us on behalf of the Joint Account, all without providing notice to the other Joint Ownersaccount. Each Joint Owner agrees that we are authorized of you (unless you elected, in the Account Application, not to follow the instructions of any other Joint Owner in every respect concerning the Joint Account and to make deliveries to any Joint Ownerexercise signing authority when acting alone) may pledge, assign, or upon instructions by any Joint Owner, of any securities and/or other property grant a security interest in the Joint Account, and to make payments to any Joint Owner, account or upon orders of any Joint Owner, of any or all monies amounts therein (whether to secure indebtedness of the signatory or of one or more third parties), may otherwise deal with any securities and other property at any time or from time times held by the Bank and belonging to time as such Joint Owner may order and direct, even if such deliveries and/or payments shall be made to such Joint Owner personallyyou, and not for may issue checks and drafts against the Joint Accountaccount. Each Joint Owner agrees Although the Bank shall have no obligation to hold us and our employees and agents harmless notify any one or more of you regarding any change to or other action concerning the account made or taken by another of you, the Bank may, notwithstanding any other provisions of this paragraph, require the signatures of all of you in order to pay any item or take any other action relating to the account, if the Bank has received conflicting demands or instructions from and indemnify any two or more of you, has received an instruction signed by less than all of you seeking to change the same against any losses, causes title of action, damages, and expenses (including attorneys’ feesor restrict the payment or transfer of funds in) arising from or as the result of us, our employeesaccount, or agents following has concluded for any other reason, in the instructions Bank’s discretion, that it is prudent to require the signatures of all of you. In the event of the death of all of you, the Bank is authorized to transfer or pay any monies in the account to or to the order of any Joint Owner. Each Joint Owner further agrees that we shall not be under any duty personal representative or obligation to inquire into the purpose or propriety executor of any one of you (without regard to the original ownership of the monies deposited); provided, however, that the Bank may condition any such demand for delivery payment upon the full satisfaction of securities or payment the requirements of moniesSection 7 below.

Appears in 1 contract

Sources: General Account Terms and Conditions

Joint Accounts. In GeneralYou acknowledge and agree that where the Account which is accessible through the Service is a joint account, you shall be fully responsible for the instructions, transactions, liabilities and obligations of the other Account holder(s) howsoever arising on a joint and several basis. For Joint OR Accounts, you further acknowledge and agree that, notwithstanding anything to the contrary, if this is you have a Joint Accountjoint Account that may allow or require two or more signatories, each signer any ONE (“Joint Owner”1) of this Agreement agrees person that has an assigned Online-ID and Password/PIN can access the Service and obtain Account information and transfer any and all Joint Owners are jointly and severally liable for all obligations arising under funds from the Agreement. Each Joint Owner agrees that each other Joint Owner shall have the authority to give instructions to us regarding the Joint Account, to communicate and receive information from us concerning the Joint Account, to receive on behalf of the Joint Account securities and/or other property and to dispose of same, to make on behalf of the Joint Account agreements relating to any of the foregoing matters and to terminate individual, firm or modify or corporation. You hereby irrevocably waive any of the provisions of such agreements and generally to deal with us on behalf of the Joint Account, all without providing notice to the other Joint Owners. Each Joint Owner agrees that we are authorized to follow the instructions of any other Joint Owner in every respect concerning the Joint Account and to make deliveries to any Joint Owner, or upon instructions by any Joint Owner, of any securities and/or other property in the Joint Account, and to make payments to any Joint Owner, or upon orders of any Joint Owner, of any or all monies at any time or from time to time as such Joint Owner may order and direct, even if such deliveries and/or payments shall be made to such Joint Owner personally, and not obligation for the Joint Account. Each Joint Owner agrees Bank to require two or more signatories to execute any instructions sent via the Service and you agree to indemnify and hold us and our employees and agents the Bank harmless from and indemnify the same against any and all claims, losses, causes of action, damages, costs and expenses relating thereto. For Joint AND Accounts, you further acknowledge and agree that, notwithstanding anything to the contrary, if you have a joint Account that requires two or more signatories for transactions, any ONE (including attorneys’ fees1) arising person that has an assigned Online- ID and Password/PIN can access the Service and obtain Account information and initiate instructions or transactions to transfer any and all funds from the Account to any individual, firm or as corporation. All other joint Account holders will be required to log on to the result of us, our employees, Service utilizing their own Online-ID and Password/PIN to authorise the initiated instruction or agents following transaction. You agree that the instructions of any Joint Owner. Each Joint Owner further agrees that we Bank shall not be under any duty or obligation obligated to inquire into the purpose or propriety of act upon any such demand initiated instruction or transaction until the aforementioned authorization(s) from the other joint Account holder(s) has been received by the Bank and the Bank shall not be responsible for delivery any claims, losses, damages, costs and expenses relating thereto. You hereby authorise and direct the Bank to execute any and all transactions authorised as set forth in this paragraph and irrevocably waive any other obligations of securities or payment of moniesthe Bank relating thereto and agree to indemnify and hold the Bank harmless from and against any and all claims, losses, damages, costs and expenses relating thereto.

Appears in 1 contract

Sources: Online Banking Agreement

Joint Accounts. In GeneralAn account opened by two or more persons will be considered a “joint account with right of survivorship.” Simply called a “joint account,” the persons named on the joint account are called “joint owners”. The Bank reserves the right to open a joint account for more than two persons and, if it chooses to do so, then the following provisions shall apply to each of the joint tenants. Each of you can control the account as if it were your own. Any item payable solely to any one of you will, unless expressly directed otherwise, be credited to your joint account. All deposits become the property of each owner as joint owners and we may release the entire account to any one of you as co‐owner during the lifetime of all owners of the account. The account balance, or any part thereof, may be paid to any owner or the surviving owner(s). We may honor checks or orders drawn by, or withdrawal requests from, any owner during the lifetime of all owners. This authority will remain in force until specifically revoked in writing and delivered to us. We may be required by service of legal process to remit funds held in the joint account to satisfy a judgment entered against, or other valid debt incurred by, any owner of the account. Each of you will be the agent of all of you for the purpose of giving or receiving notice or payment under this is Agreement. If the Bank receives an instruction from one joint owner, it will be deemed an instruction of all joint owners, but if the Bank receives conflicting instructions from joint owners, the Bank may require a Joint Account, each signer (“Joint Owner”) of this Agreement agrees that writing signed by all Joint Owners are jointly and severally liable joint owners for all obligations arising under future instructions. Any account owner may close the Agreement. Each Joint Owner agrees that each other Joint Owner shall have account with or without the authority to give instructions to us regarding the Joint Account, to communicate and receive information from us concerning the Joint Account, to receive on behalf consent of the Joint Account securities and/or other property and to dispose of same, to make on behalf account owners. In the event of the Joint Account agreements relating to death of any one of you, the survivor(s) will immediately notify us of the foregoing matters and to terminate or modify or waive any death. The balance of the provisions of such agreements and generally to deal with us on behalf account becomes the property of the Joint Account, all without providing notice to surviving joint owners. See the other Joint Owners. Each Joint Owner agrees that we are authorized to follow the instructions of any other Joint Owner in every respect concerning the Joint Account and to make deliveries to any Joint Owner, or upon instructions by any Joint Owner, of any securities and/or other property in the Joint Account, and to make payments to any Joint Owner, or upon orders of any Joint Owner, of any or all monies at any time or from time to time as such Joint Owner may order and direct, even if such deliveries and/or payments shall be made to such Joint Owner personally, and not section entitled Rules for the Joint Account. Each Joint Owner agrees to hold us and our employees and agents harmless from and indemnify the same against any losses, causes of action, damages, and expenses (including attorneys’ fees) arising from or as the result of us, our employees, or agents following the instructions of any Joint Owner. Each Joint Owner further agrees that we shall not be under any duty or obligation to inquire into the purpose or propriety of any such demand Specific Accounts for delivery of securities or payment of moniesmore information.

Appears in 1 contract

Sources: Account Agreement

Joint Accounts. In General, if this is a Joint Account, each signer (“Joint Owner”a) Each of this Agreement agrees that all Joint Owners are jointly and severally liable for all obligations arising under the Agreement. Each Joint Owner agrees that each other Joint Owner undersigned shall have the authority to give instructions to us regarding the Joint Accountbuy, to communicate sell (including short sales), and receive information from us concerning the Joint Accountotherwise deal in, through you as broker, securities or commodities, on margin or otherwise, to receive on behalf confirmations, statements and communications of the Joint Account every kind; to receive securities and/or and other property and to dispose of same, ; to make on behalf of the Joint Account agreements relating to any of the foregoing matters and these matters; to terminate or modify such agreements or waive any of the provisions of such agreements thereof; and generally to deal with us on behalf you as if each of the Joint Accountundersigned alone were the owner of the account(s), all without providing notice to the other Joint Ownersjoint tenant. Each Joint Owner agrees that we are authorized to The liability of each of the undersigned for the account(s) shall be joint and several. (b) You may follow the oral or written instructions of any other Joint Owner in every respect either of us concerning the Joint Account account(s) and to make deliveries to any Joint Owner, or upon instructions by any Joint Owner, of any securities and/or other property in the Joint Account, and to make payments to any Joint Owner, or upon orders of any Joint Owner, of any or all securities, commodities or other property, or make payments of monies at any time or from time to time therein, as such Joint Owner either of us may order and direct, even if such deliveries and/or payments shall be made to such Joint Owner one of us personally, and not for the Joint Accountsuch account(s). Each Joint Owner agrees to hold us and our employees and agents harmless from and indemnify the same against any losses, causes of action, damages, and expenses (including attorneys’ fees) arising from or as the result of us, our employees, or agents following the instructions of any Joint Owner. Each Joint Owner further agrees that we You shall not be under any duty or no obligation to inquire into the purpose or propriety of any such demand instructions, and you shall not be bound to see to the application or disposition of the securities, commodities, property or monies so delivered or paid to either of us. (c) In the event either of us die, the surviving party to the account shall immediately give you written notice thereof, and you may, before or after receiving such notice, cancel or complete open orders for delivery the purchase or sale of any securities or commodities, place orders for the sale or purchase of securities or commodities being carried for the undersigned for which payment has not been made or for which the account of moniesthe undersigned is short as though each of the undersigned were alive, and take such other proceedings, require such documents, retain such portion of and/or restrict transactions in the account as you may deem advisable to protect you against any tax, liability, penalty or loss under any present or future laws or otherwise, in each case without prior notice to or demand upon the surviving party to the account or the heirs, executors or administrators of the decedent. The estate shall be liable and each survivor will be liable, jointly and severally, to you for any debt or loss in an account resulting from the completion of transactions initiated prior to your receipt of a written notice of such death or incurred in the liquidation of the account or the adjustment of the interests of the respective parties. (d) Any taxes or other expenses becoming a lien against or being payable out of the account as the result of the death of any of us, or through the exercise by his or her estate or representatives of any rights in the account shall be chargeable against the interest of the survivor(s) as well as against the interest of the estate of the decedent. This provision shall not release the decedent's estate from any liability provided for in this Agreement. We understand that you will presume that it is our express intention in opening an account to create an estate or account as joint tenants with rights of survivorship and not as tenants-in-common, unless we otherwise inform you in writing at the time our account is opened.

Appears in 1 contract

Sources: Client Agreement (Pioneer Venture Fund)

Joint Accounts. In General, if If this Account is a Joint Accountmaintained in the name of two or more persons, each signer (“Joint Owner”) of this Agreement Account holder agrees that all Joint Owners are to be individually and jointly and severally liable for all obligations arising under the this Agreement. Each Joint Owner agrees that each Accountholder will have authority, acting individually, and without notice to any other Joint Owner shall have the authority Accountholder, to give instructions to us regarding the Joint Accountinstructions, to communicate buy, sell, and receive information from us concerning the Joint Accountotherwise deal in Securities and/or Other Property, to receive on behalf of the Joint Account securities and/or other property and to dispose of same, to make on behalf of the Joint Account agreements relating to any of the foregoing matters and to terminate or modify or waive any of the provisions of such agreements and generally to deal with us on behalf of the Joint Account, all without providing notice with regard to the other Joint OwnersAccount as fully and completely as if each Accountholder alone were interested in the Account. Each Joint Owner agrees that we are authorized You authorize us to follow the instructions of any other Joint Owner in every respect concerning the Joint Account Accountholder and to make deliveries deliver funds, securities, or other assets held in the Account to any Joint Owner, Accountholder or upon instructions by in accordance with any Joint Owner, of any securities and/or other property in the Joint Account, and to make payments to any Joint Owner, or upon orders of any Joint Owner, of any or all monies at any time or from time to time as such Joint Owner may order and directAccountholder's instructions, even if such deliveries and/or payments shall be made to such Joint Owner any of you personally, and not for the Joint Account. Each You further authorize us to receive into the Account any Securities and/or Other Property delivered to it by or for either of you without delineation as to actual ownership of the property. In any situation where we cannot determine to our satisfaction the proper distribution of property from a Joint Owner agrees Account upon the death of one owner, we may, at our sole discretion, freeze the Account indefinitely pending a resolution deemed satisfactory to hold us and our employees and agents harmless from and indemnify or a final decision of an arbitrator or court having jurisdiction over the same against any losses, causes of action, damages, and expenses (including attorneys’ fees) arising from or as the result of us, our employees, or agents following the instructions of any Joint Ownermatter. Each Joint Owner further agrees that we shall We are not be under any duty or obligation to inquire into responsible for determining the purpose or propriety of any such demand instruction we receive from any Accountholder or for delivery the disposition of securities payments or payment deliveries among joint Accountholders. Any notice we send to one Accountholder will be deemed to be notice to all Accountholders. You further authorize us to receive into the Account any Securities and/or Other Property delivered to us by or for any Accountholder without delineation as to actual ownership of moniesthe property. At any time, we may, in our sole discretion, require joint or collective action by all Accountholders. You authorize us, in our sole discretion, to do any one or more of the following: (i) select which instructions to follow; (ii) suspend all activity in the Joint Account, except upon further written instructions signed by all of you or upon instructions of a court; (iii) close the Joint Account and send any and all assets by ordinary mail to the address of record; or (iv) file an interpleader action, in which event we shall be entitled to recover all costs including reasonable attorneys' fees in an amount set by the court. Filing an interpleader action, however, will not serve as a waiver of our right to arbitration. If upon the death of one or more of the Accountholders, we cannot determine to our satisfaction the proper distribution of property from a Joint Account, we may, at our sole discretion, freeze the Account indefinitely pending a satisfactory resolution or final decision of an arbitrator or court having jurisdiction over the matter. Laws governing joint ownership of property vary from state to state. You are responsible forverifying that the joint registration you select is valid in your state. Generally, however, for joint tenants with rights of survivorship, in the event of the death of any of the tenants, the entire interest in the joint Account shall be vested in the surviving joint tenant(s) on the same terms and conditions. For tenants in common, the interest in each tenancy shall be equal unless specified otherwise and in the event of the death of any of the tenants in common, the interest in their share of the tenancy shall vest in the decedent's legal representative. State laws regulating community property vary. If you designate your Account as a community property account, we will treat all property in the Account and any proceeds in the Account as community property. You should consult your personal legal advisor regarding the community property laws of your state of residence.

Appears in 1 contract

Sources: Account Agreement

Joint Accounts. In General, if a. If this is a Joint Account, each signer (“Joint Owner”) of this Agreement agrees that all Joint Owners are jointly and severally liable for all obligations arising under the Agreement. Each Joint Owner agrees we agree that each other Joint Owner of us shall have the authority to give instructions to us regarding the Joint Account, to communicate and receive information from us concerning the Joint Account, to receive on behalf of the Joint Account securities and/or account to buy, sell (including short sales), and otherwise deal in, through you as brokers, securities, options or other property on margin or otherwise; to receive for the account, confirmations, statements and communications of every kind; to receive for the account and to dispose of samemoney, securities and other property; to make on behalf of make, terminate, or modify for the Joint Account account, agreements relating to any of the foregoing these matters and to terminate or modify or waive any of the provisions of such agreements agreements; and generally to deal with you as if each of us on behalf of alone were the Joint Accountaccount owner, all without providing notice to the other Joint Ownersaccount owners. We agree that notice to any account owner shall be deemed to be notice to all account owners. Each Joint Owner agrees that we are authorized to account owner shall be jointly and severally liable for this account. b. You may follow the instructions of any other Joint Owner in every respect of us concerning the Joint Account this account and to make deliveries to any Joint Owner, or upon instructions by any Joint Ownerof us, of any or all securities and/or or other property in the Joint Accountthis account, and to make payments to any Joint Owner, or upon orders of any Joint Ownerus, of any or all monies at in this account as any time or from time to time as such Joint Owner of us may order and direct, even if such deliveries and/or payments shall be made to such Joint Owner personally, and not for the Joint Accountone of us personally or to third parties. Each Joint Owner agrees to hold us and our employees and agents harmless from and indemnify the same against any losses, causes of action, damages, and expenses (including attorneys’ fees) arising from or as the result of us, our employees, or agents following the instructions of any Joint Owner. Each Joint Owner further agrees that we You shall not be under any duty or no obligation to inquire into the purpose or propriety of any such demand for delivery of securities securities, THE REVERSE SIDE OF THIS AGREEMENT MUST 3025 (8/91) BE SIGNED BY ALL ACCOUNT OWNERS property, or payment of monies, and you shall not be bound to see to the application or disposition of the said securities, property and/or monies so delivered or paid to any of us. Notwithstanding the foregoing, you are authorized, in your discretion, to require joint action by the joint tenants with respect to any matter concerning the joint account. Including the giving or cancellation of orders and the withdrawal of monies, securities or other property. c. In the event of the death of any of us, the survivor(s) shall immediately give you written notice thereof, and you may, before or after receiving such notice, take such proceedings, require such documents, retain such portion of the accounts, and/or restrict transactions in the account as you may deem advisable to protect you against any tax liability, penalty or loss under any present or future laws or otherwise. The estate of any of us who shall have died shall be liable and each survivor will be liable, jointly and severally, to you for any debt or loss in this account resulting from the completion of transactions initiated prior to your receipt of a written notice of such death or incurred in the liquidation of the account or the adjustment of the interests of the respective parties. d. Any taxes or other expenses becoming a lien against or being payable out of the account as the result of the death of any of us, or through the exercise by his or her estate or representatives of any rights in the account shall be chargeable against the interest of the survivor(s) as well as against the interest of the estate of the decedent. This provision shall not release the decedent's estate from any liability provided for in this agreement. e. DESIGNATION OF TENANCY (This paragraph "22(e)" is not applicable in the State of Texas, where form no. 3882 "Texas Joint Account Supplement" must be executed and returned with this agreement to you.). You may presume that it is the express intention of us to create an estate or account as joint tenants with rights of survivorship, and not as tenants-in-common, unless otherwise provided by striking this paragraph and executing a separate Tenancy-in-Common form and returning it to you. In the event of the death of either or any of us, the entire interest in the joint account shall be vested in the survivor(s) on the same terms and conditions as therefore held, without in any manner releasing the decedent's estate from the liability.

Appears in 1 contract

Sources: Client Agreement (Championship Auto Racing Teams Inc)

Joint Accounts. In General, if If this Account is a Joint Accountmaintained in the name of two or more persons, each signer (“Joint Owner”) of this Agreement Account Holder agrees that all Joint Owners are to be individually and jointly and severally liable for all obligations arising under the this Agreement. Each Joint Owner agrees that each Account Holder will have authority, acting individually and without notice to any other Joint Owner shall have the authority Account Holder, to give instructions to us regarding the Joint Accountinstructions, to communicate buy, sell, and receive information from us concerning the Joint Accountotherwise deal in Securities and/or Other Property, to receive on behalf of the Joint Account securities and/or other property and to dispose of same, to make on behalf of the Joint Account agreements relating to any of the foregoing matters and to terminate or modify or waive any of the provisions of such agreements and generally to deal with us on behalf of the Joint Account, all without providing notice with regard to the other Joint OwnersAccount as fully and completely as if each Account Holder alone were interested in the Account. Each Joint Owner agrees that we are authorized You authorize us to follow the instructions of any other Joint Owner in every respect concerning the Joint Account Holder and to make deliveries deliver funds, securities, or other assets held in the Account to any Joint Owner, Account Holder or upon instructions by in accordance with any Joint Owner, of any securities and/or other property in the Joint Account, and to make payments to any Joint Owner, or upon orders of any Joint Owner, of any or all monies at any time or from time to time as such Joint Owner may order and directAccount Holder’s instructions, even if such deliveries and/or payments shall be made to such Joint Owner any of you personally, and not for the Joint Account. Each Joint Owner agrees to Unless we have stated otherwise, we will hold us and our employees and agents harmless from and indemnify assets in the same against any losses, causes Account for you as joint tenants with rights of action, damages, and expenses (including attorneys’ fees) arising from or as the result of us, our employees, or agents following the instructions of any Joint Ownersurvivorship. Each Joint Owner further agrees that we shall We are not be under any duty or obligation to inquire into responsible for determining the purpose or propriety of any such demand instruction we receive from any Account Holder or for delivery the disposition of securities payments or payment deliveries among joint Account Holders. Any notice we send to one Account Holder will be deemed to be notice to all Account Holders. You further authorize us to receive into the Account any Securities and/or Other Property delivered to us by or for any Account Holder without delineation as to actual ownership of moniesthe property. At any time, we may, at our sole discretion, require joint or collective action by all Account Holders. You authorize us, at our sole discretion, to do any one or more of the following: (i) select which instructions to follow; (ii) suspend all activity in the Joint Account, except upon further written instructions signed by all of you or upon instructions of a court; (iii) close the Joint Account and send any and all assets by ordinary mail to the address of record; or (iv) file an interpleader action, in which event we shall be entitled to recover all costs including reasonable attorneys’ fees in an amount set by the court. Filing an interpleader action, however, will not serve as a waiver of our right to arbitration. If upon the death of one or more of the Account Holders, we cannot determine to our satisfaction the proper distribution of property from a Joint Account, we may, at our sole discretion, freeze the Account indefinitely pending a satisfactory resolution or final decision of an arbitrator or court having jurisdiction over the matter. Laws governing joint ownership of property vary from state to state. You are responsible for verifying that the joint registration you select is valid in your state. Generally, however, for joint tenants with rights of survivorship, in the event of the death of any of the tenants, the entire interest in the joint Account shall be vested in the surviving joint tenant(s) on the same terms and conditions. For tenants in common, the interest in each tenancy shall be equal unless specified otherwise and in the event of the death of any of the tenants in common, the interest in their share of the tenancy shall vest in the decedent’s legal representative. State laws regulating community property vary. If you designate your Account as a community property account, we will treat all property in the Account and any proceeds in the Account as community property. You should consult your personal legal advisor regarding the community property laws of your state of residence.

Appears in 1 contract

Sources: Client Agreement (VII Peaks Co-Optivist Income BDC II, Inc.)

Joint Accounts. In General, if If this Account is a Joint Accountmaintained in the name of two or more persons, each signer (“Joint Owner”) of this Agreement Account holder agrees that all Joint Owners are to be individually and jointly and severally liable for all obligations arising under the this Agreement. Each Joint Owner agrees that each Accountholder will have authority, acting individually, and without notice to any other Joint Owner shall have the authority Accountholder, to give instructions to us regarding the Joint Accountinstructions, to communicate buy, sell, and receive information from us concerning the Joint Accountotherwise deal in Securities and/or Other Property, to receive on behalf of the Joint Account securities and/or other property and to dispose of same, to make on behalf of the Joint Account agreements relating to any of the foregoing matters and to terminate or modify or waive any of the provisions of such agreements and generally to deal with us on behalf of the Joint Account, all without providing notice with regard to the other Joint OwnersAccount as fully and completely as if each Accountholder alone were interested in the Account. Each Joint Owner agrees that we are authorized You authorize us to follow the instructions of any other Joint Owner in every respect concerning the Joint Account Accountholder and to make deliveries deliver funds, securities, or other assets held in the Account to any Joint Owner, Accountholder or upon instructions by in accordance with any Joint Owner, of any securities and/or other property in the Joint Account, and to make payments to any Joint Owner, or upon orders of any Joint Owner, of any or all monies at any time or from time to time as such Joint Owner may order and directAccountholder's instructions, even if such deliveries and/or payments shall be made to such Joint Owner any of you personally, and not for the Joint Account. Each You further authorize us to receive into the Account any Securities and/or Other Property delivered to it by or for either of you without delineation as to actual ownership of the property. In any situation where we cannot determine to our satisfaction the proper distribution of property from a Joint Owner agrees Account upon the death of one owner, we may, at our sole discretion, freeze the Account indefinitely pending a resolution deemed satisfactory to hold us and our employees and agents harmless from and indemnify or a final decision of an arbitrator or court having jurisdiction over the same against any losses, causes of action, damages, and expenses (including attorneys’ fees) arising from or as the result of us, our employees, or agents following the instructions of any Joint Ownermatter. Each Joint Owner further agrees that we shall We are not be under any duty or obligation to inquire into responsible for determining the purpose or propriety of any such demand instruction we receive from any Accountholder or for delivery the disposition of securities payments or payment deliveries among joint Accountholders. Any notice we send to one Accountholder will be deemed to be notice to all Accountholders. You further authorize us to receive into the Account any Securities and/or Other Property delivered to us by or for any Accountholder without delineation as to actual ownership of monies.the property. At any time, we may, in our sole discretion, require joint or collective action by all Accountholders. You authorize us, in our sole discretion, to do any one or more of the following: (i) select which instructions to follow; (ii) suspend all activity in the Joint Account, except upon further written instructions signed by all of you or upon instructions of a court;

Appears in 1 contract

Sources: Account Agreement

Joint Accounts. In GeneralFor your Account with more than one Account Owner, if this references to the “Customer” shall include each of the Customers identified on the Account application and Account record. Customers understand and agree that the representations, warranties and Agreements made herein are made on behalf of all of the joint Account owners and further agree that each Account owner: (a) is a Joint Account, each signer Customer; (“Joint Owner”b) has the authority to act on behalf of this Agreement agrees that all Joint Owners are the Account and Integrated Investment Research may rely on and accept instructions from any one Customer; (c) is jointly and severally liable for all per the terms and obligations arising under the of this Agreement. Each Joint Owner agrees that each Integrated Investment Research may rely on money, position, account transfer or other Joint Owner shall have the authority to give instructions to us regarding the Joint Account, to communicate and receive information from us concerning the Joint Account, to receive on behalf any one of the Joint Account securities and/or other property and to dispose of same, to make on behalf of the Joint Account agreements relating to any of the foregoing matters and to terminate or modify or waive any of the provisions of such agreements and generally to deal with us on behalf of the Joint Account, all without providing notice to the other Joint Owners. Each Joint Owner agrees that we are authorized to follow the instructions of any other Joint Owner Customers in every respect concerning the Joint Account and to make deliveries to any Joint Owner, or upon instructions by any Joint Owner, of any securities and/or other property in the Joint a joint Account, and to make payments such instructions shall be binding on each of the Customers. Integrated Investment Research may deliver securities or other property to, and send trade confirmations, notices, account statements and confirmations of any kind, to any Joint Ownerone of the Customers, or upon orders of any Joint Owner, of any or all monies at any time or from time to time as and such Joint Owner may order and direct, even if such deliveries and/or payments action shall be made binding on each of the Customers. Notwithstanding the foregoing, Integrated Investment Research is authorized in the Firm’s discretion to such Joint Owner personallyrequire joint action by the joint Account owners with respect to any matter concerning the joint Account, including, but not limited to, the giving or cancellation of orders and not for the Joint Accountwithdrawal of money or securities. Each Joint Owner agrees to hold us and our employees and agents harmless from and indemnify the same against any losses, causes of action, damages, and expenses (including attorneys’ fees) arising from or as the result of us, our employees, or agents following the instructions of any Joint Owner. Each Joint Owner further agrees Customers hereby acknowledge that we Integrated Investment Research shall not be under any no duty or obligation to inquire into the purpose or propriety of any such demand instruction given and shall be under no obligation to see to the applications of any funds so delivered. If Integrated Investment Research becomes aware of divorce proceedings between joint Account holders or there is a disagreement between Account holders as to the handling of the Account, Integrated Investment Research may, but is not obligated to, freeze the Account or require joint authorizations for delivery instructions on the Account. For Joint Accounts With Rights of securities or payment Survivorship (“WROS”), Customers agree that in the case of moniesdeath of any of the joint Account owners, interest in the entire Account shall vest in the surviving Account owner(s) under the same terms and conditions of this Agreement and the surviving Account owner(s) shall promptly provide Integrated Investment Research with written notice thereof and provide any documentation reasonably requested by Integrated Investment Research and/or the Clearing Firm in its management of the Account.

Appears in 1 contract

Sources: Integrated Investment Research Terms and Conditions