Your Representations. You represent and agree that: • You have read this Agreement and understand that MOIS, your Advisor and to the extent applicable, the Qualified Custodian(s), Product Sponsor(s), Third-Party Money Manager(s) and/or Platform Manager will rely upon the most current information provided by you in connection with providing Services for your Account. You recognize the value and usefulness of the services of MOIS will depend upon the accuracy and completeness of the information that you provide to MOIS, upon your active participation in the formulation of the objectives, and in the implementation of the advice to attain those objectives. You will provide MOIS all requested information and required documents that MOIS may reasonably request in order to permit a complete evaluation and preparation of the recommendations for you. You agree that you are obligated to notify MOIS of any changes to information previously supplied by you which is no longer accurate. MOIS will not be responsible for the verification of the information and documentation provided by you. You understand that you may maintain (individually or jointly) multiple accounts with different Qualified Custodian(s), Product Sponsor(s), Third-Party Money Manager(s) and Platform Manager(s); that you may have different investment objectives, goals, strategies or risk tolerance for such accounts/investments; and that unless otherwise stated, the information contained in the accompanying Account Application only applies to the investments associated with this particular account and the applicable Qualified Custodian, Product Sponsor, Third-Party Money Manager or Platform Manager. You are responsible for reading any and all information provided to you by MOIS, your Advisor and to the extent applicable the Qualified Custodian(s), Product Sponsors, Third-Party Money Manager and Platform Manager with regard to your investments (including but not limited to this Agreement, accompanying disclosure documents, prospectuses, confirmations, and statements) including information regarding risk, fees and expenses associated with such investment. You are responsible for reporting any discrepancies or unauthorized transactions to MOIS no later than ten (10) days from receipt of such information. You understand that your failure to do so will be deemed an acknowledgement that you have ratified and authorized any transaction or activity in your account. • Except if you are an immediate family member of your Advisor, you will not lend or borrow money or securities to or from your Advisor or any other person associated with MOIS or otherwise enter into any other personal business relationship with your Advisor (including any type of investment or business activity involving your Advisor or anyone associated with your Advisor). You will immediately notify in writing the Compliance Department of MOIS in the event that you borrow or lend money or securities from your Advisor or any other person associated with MOIS. • Except for financial planning services as described below, you will not write checks, prepare wire or ACH instructions, or authorize money orders or other methods of payment by making them payable to MOIS, your Advisor or any person or entity associated with MOIS or your Advisor. Except for financial planning services by MOIS through your Advisor, all checks or other forms of payment should be made payable to the Qualified Custodian, Third-Party Money Manager or a particular Product Sponsor. For financial planning services provided by MOIS through your Advisor, you may write a check made payable to MOIS; however, under no circumstances may you make a check payable to your Advisor or any entity owned or controlled by your Advisor. • You will not allow your Advisor, or any person associated with MOIS, to serve as trustee, guardian, fiduciary, or co-owner of your account(s) unless that person is a member of your immediate family (i.e., spouse, parent, child or other person living in your household). To the extent that your Advisor is an immediate family member and serving as a trustee, you acknowledge that this role is in your Advisor’s personal capacity and outside of the services of MOIS. MOIS reserves the right to further restrict or prohibit your Advisor from engaging in trust activities for immediate family members. • You understand that investing in securities involves risk and that many variables exist that may have a substantial negative effect on the value of your investments. You agree that you will not rely upon any information, statement, forecast, guarantee, comparison, prediction or projection (whether made orally or in writing) that is not contained in, or is inconsistent with, any publically available information contained in a prospectus, disclosure document, confirmation, statement or other filing made by, or contained in information supplied by the Qualified Custodian, Third- Party Money Manager, Platform Manager or a Product Sponsor. • MOIS and your Advisor can rely upon any written or oral instructions provided by you with regard to activities in your account(s) (i.e., unsolicited and solicited trade instructions, transfers, and check requests) and that you are responsible for paying any fee, charge or other expenses incurred by MOIS as a result of those instructions. You agree to indemnify MOIS from, and hold MOIS harmless for any losses resulting from your actions or failure to act, including losses resulting from actions taken by third parties acting on your behalf. • If you have checked the box “no” under “Industry and Other Affiliations” in the accompanying Application, you represent and warrant that you are not (i) associated with any of the persons or entities identified in the box for “yes” under “Industry and Other Affiliation”; (ii) no person other than as disclosed in the Account Application has an interest in your account(s); and (iii) you will immediately notify MOIS in writing if there is any change in your response to these questions. • You agree to review and monitor all activities in your accounts, including activities reflected on transaction confirmations and monthly/quarterly statements received from the Qualified Custodian(s), Product Sponsor(s), Third Party Money Manager(s) and/or Platform Manager(s), and that all transactions will be deemed accurate and in accordance with your instructions unless you notify MOIS in writing within ten (10) days following receipt thereof. You acknowledge and agree that your failure to notify MOIS of any problems with your account(s) will be viewed by MOIS as authorization or ratification of such activities for which you are responsible. You may contact MOIS regarding any activities in your account(s) as well as to submit a question or complaint in writing at: Mutual of Omaha Investor Services, Inc. ▇▇▇▇ ▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇ ▇▇▇▇▇ Or call us at: ▇▇▇-▇▇▇-▇▇▇▇ Or email us at: ▇▇▇▇.▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ The Financial Industry Regulatory Authority (FINRA) requires that MOIS provide the following information concerning FINRA’s public disclosure program. You may contact FINRA directly at FINRA BrokerCheck Hotline: ▇-▇▇▇-▇▇▇-▇▇▇▇ or at their website address: ▇▇▇.▇▇▇▇▇.▇▇▇. • You agree and authorize MOIS to monitor and/or record any telephone conversations with you or any person acting on your behalf. • You agree to resolve any disputes concerning your relationship with MOIS and any person associated with MOIS (including any Advisor or any business entity they conduct business through), employees, officers, directors of MOIS or any company affiliated with MOIS in accordance with the Arbitration Agreement contained in this Agreement. • You understand that you are responsible for maintaining appropriate safeguards regarding your non-public personal information stored by you in electronic or physical format. You understand that the failure to do could result in an unauthorized person gaining access to your accounts or information maintained by you, Platform Manager, Third Party Money Manager, the Qualified Custodian, or MOIS. • You agree and acknowledge that neither MOIS nor your Advisor can offer tax, legal or accounting advice regarding any investment product or strategy and that You are responsible for consulting with tax, legal or accounting professionals as necessary. • Communications may be sent to you at your current address which is on file with MOIS, or at such other address as you may hereafter give MOIS in writing. All communications so sent, whether by mail, telegraph, messenger, or otherwise, shall be deemed given to you personally, whether actually received or not.
Appears in 2 contracts
Sources: Customer Agreement for Advisory Accounts, Customer Agreement for Advisory Accounts
Your Representations. You represent to APAM as of the date hereof, as of the Closing and, if applicable, as of the Optional Closing as follows:
(a) You (i) own your partnership units beneficially and agree that: • of record free and clear of any lien, encumbrance or restriction whatsoever (except as contemplated by the Fifth Amended and Restated Limited Partnership Agreement of Holdings or the Resale and Registration Rights Agreement), (ii) have not conveyed, transferred or sold any interest in your partnership units to any other person and (iii) upon consummation of the transactions contemplated by this Agreement at the Closing or Optional Closing, as the case may be, shall transfer to APAM the partnership units to be sold by you to APAM on such date free and clear of any lien, encumbrance or restriction whatsoever.
(b) You have the full legal right and requisite power and authority and have taken all action and obtained all consents necessary in order to execute, deliver and perform fully your obligations under this Agreement. You have the legal capacity to execute and deliver this Agreement. This Agreement is a valid and binding agreement, enforceable against you in accordance with its terms, subject to bankruptcy, insolvency, fraudulent transfer, reorganization, moratorium and other similar laws of general applicability relating to or affecting creditors’ rights and to general equity principles.
(c) You have carefully read this Agreement and you understand that MOISand agree that, your Advisor and except as expressly provided in this Agreement, none of APAM or Holdings, or their respective directors, officers, employees, partners, subsidiaries, agents, representatives, advisors or affiliates, have made nor will make any representation or warranty with respect to the extent applicableworthiness, terms, value or any other aspect of the Qualified Custodian(s)transactions contemplated by this Agreement and each explicitly disclaims any representation or warranty, Product Sponsor(s)express or implied, Third-Party Money Manager(swith respect to such matters.
(d) and/or Platform Manager You understand and agree that all of your partnership units that are not purchased by APAM pursuant to this Agreement (the “Retained Units”) will rely upon be governed by the most current information provided terms and conditions of the Fifth Amended and Restated Agreement of Limited Partnership of Holdings, and any amendments thereto from time to time, and that there is no guarantee that the future value ultimately realized by you in connection with providing Services for your Account. You recognize each Retained Unit will be comparable to (and may be less than or more than) the value and usefulness of the services of MOIS will depend upon the accuracy and completeness of the information that you provide to MOIS, upon your active participation in the formulation of the objectives, and in the implementation of the advice to attain those objectives. You will provide MOIS all requested information and required documents that MOIS may reasonably request in order to permit a complete evaluation and preparation of the recommendations for you. You agree that you are obligated to notify MOIS of any changes to information previously supplied by you which is no longer accurate. MOIS will not be responsible for the verification of the information and documentation provided by you. You understand that you may maintain (individually or jointly) multiple accounts with different Qualified Custodian(s), Product Sponsor(s), Third-Party Money Manager(s) and Platform Manager(s); that you may have different investment objectives, goals, strategies or risk tolerance for such accounts/investments; and that unless otherwise stated, the information contained in the accompanying Account Application only applies to the investments associated with this particular account and the applicable Qualified Custodian, Product Sponsor, Third-Party Money Manager or Platform Manager. You are responsible for reading any and all information provided purchase price per unit paid to you by MOIS, your Advisor and to the extent applicable the Qualified Custodian(s), Product Sponsors, Third-Party Money Manager and Platform Manager with regard to your investments (including but not limited pursuant to this Agreement.
(e) To the extent you have deemed necessary, accompanying disclosure documentsin light of your knowledge and experience in business and financial matters, prospectusesyou have consulted with your attorney, confirmationsfinancial advisor and others regarding all legal, financial, securities and tax aspects of the transactions contemplated by this Agreement, including the risks thereof, and statementssuch advisors have reviewed this Agreement on your behalf.
(f) including information regarding riskNeither you, fees and expenses associated with such investment. You are responsible for reporting nor any discrepancies person controlling or unauthorized transactions controlled by you, or, to MOIS no later than ten (10) days from receipt of such information. You understand that your failure to do so will be deemed an acknowledgement that you have ratified and authorized any transaction or activity in your account. • Except if you are an immediate family member the best of your Advisorknowledge, any person having a beneficial interest of 5% or more in you will not lend or borrow money or securities to or from your Advisor in the aggregate, is a person who: (i) appears on the Specially Designated Nationals and Blocked Persons List of the Office of Foreign Assets Control or any other person associated similar list maintained by the Office of Foreign Assets Control pursuant to any authorizing statute, executive order or regulation; (ii) is otherwise a party with MOIS whom, or otherwise enter into any other personal has its principal place of business, or the majority of its business relationship operations (measured by revenues) located, in a country in which, transactions are prohibited by (A) United States Executive Order 13224, Blocking Property and Prohibiting Transactions with your Advisor Persons Who Commit, Threaten to Commit, or Support Terrorism; (including any type B) the United States Uniting and Strengthening America by Providing Appropriate Tools required to Intercept and Obstruct Terrorism Act of investment 2001; (C) the United States Trading with the Enemy Act of 1917, as amended; (D) the United States International Emergency Economic Powers Act of 1977, as amended or business activity involving your Advisor or anyone associated with your Advisor). You will immediately notify in writing (E) the Compliance foreign asset control regulations of the United States Department of MOIS in the event that you borrow Treasury; (iii) has been convicted of or lend charged with a felony relating to money laundering or securities from your Advisor or (iv) is under investigation by any other person associated with MOIS. • Except governmental authority for financial planning services as described belowmoney laundering.
(g) The execution, you delivery and performance of this Agreement does not and will not write checks, prepare wire or ACH instructions, or authorize money orders or other methods of payment by making them payable to MOIS, your Advisor or any person or entity associated with MOIS or your Advisor. Except for financial planning services by MOIS through your Advisor, all checks or other forms of payment should be made payable to the Qualified Custodian, Third-Party Money Manager or a particular Product Sponsor. For financial planning services provided by MOIS through your Advisor, you may write a check made payable to MOIS; however, under no circumstances may you make a check payable to your Advisor or any entity owned or controlled by your Advisor. • You will not allow your Advisor, or any person associated with MOIS, to serve as trustee, guardian, fiduciary, or co-owner of your account(s) unless that person is a member of your immediate family (i.e., spouse, parent, child or other person living in your household). To the extent that your Advisor is an immediate family member and serving as a trustee, you acknowledge that this role is in your Advisor’s personal capacity and outside of the services of MOIS. MOIS reserves the right to further restrict or prohibit your Advisor from engaging in trust activities for immediate family members. • You understand that investing in securities involves risk and that many variables exist that may have a substantial negative effect on the value of your investments. You agree that you will not rely upon any information, statement, forecast, guarantee, comparison, prediction or projection (whether made orally or in writing) that is not contained in, or is inconsistent with, any publically available information contained in a prospectus, disclosure document, confirmation, statement or other filing made by, or contained in information supplied by the Qualified Custodian, Third- Party Money Manager, Platform Manager or a Product Sponsor. • MOIS and your Advisor can rely upon any written or oral instructions provided by you with regard to activities in your account(s) (i.e., unsolicited and solicited trade instructions, transfers, and check requests) and that you are responsible for paying any fee, charge or other expenses incurred by MOIS as a result of those instructions. You agree to indemnify MOIS from, and hold MOIS harmless for any losses resulting from your actions or failure to act, including losses resulting from actions taken by third parties acting on your behalf. • If you have checked the box “no” under “Industry and Other Affiliations” in the accompanying Application, you represent and warrant that you are not (i) associated with constitute a breach or violation of, or a default under, or give rise to any lien, any acceleration of the persons remedies or entities identified in the box for “yes” under “Industry and Other Affiliation”; any right of termination under, any law, rule or regulation or any judgment, decree, order, governmental permit, license or agreement of yours or to which you are subject or bound, (ii) no person other than as disclosed in the Account Application has an interest in your account(s); and constitute a breach or violation or a default under any agreement or contract to which you are a party or (iii) you will immediately notify MOIS in writing if there require any consent or approval under any such law, rule, regulation, judgment, decree, order, governmental permit, license or agreement applicable to you.
(h) There is any change in no pending or, to your response knowledge, threatened, litigation, action, proceeding, application, complaint or investigation (i) affecting your partnership units or (ii) which purports to these questions. • You agree to review and monitor all activities in your accountsaffect the legality, including activities reflected on transaction confirmations and monthly/quarterly statements received from the Qualified Custodian(s), Product Sponsor(s), Third Party Money Manager(s) and/or Platform Manager(s), and that all transactions will be deemed accurate and in accordance with your instructions unless you notify MOIS in writing within ten (10) days following receipt thereof. You acknowledge and agree that your failure to notify MOIS validity or enforceability of any problems with your account(s) will be viewed by MOIS as authorization or ratification of such activities for which you are responsible. You may contact MOIS regarding any activities in your account(s) as well as to submit a question or complaint in writing at: Mutual of Omaha Investor Services, Inc. ▇▇▇▇ ▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇ ▇▇▇▇▇ Or call us at: ▇▇▇-▇▇▇-▇▇▇▇ Or email us at: ▇▇▇▇.▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ The Financial Industry Regulatory Authority (FINRA) requires that MOIS provide the following information concerning FINRA’s public disclosure program. You may contact FINRA directly at FINRA BrokerCheck Hotline: ▇-▇▇▇-▇▇▇-▇▇▇▇ or at their website address: ▇▇▇.▇▇▇▇▇.▇▇▇. • You agree and authorize MOIS to monitor and/or record any telephone conversations with you or any person acting on your behalf. • You agree to resolve any disputes concerning your relationship with MOIS and any person associated with MOIS (including any Advisor or any business entity they conduct business through), employees, officers, directors of MOIS or any company affiliated with MOIS in accordance with the Arbitration Agreement contained in this Agreement. • You understand that you are responsible for maintaining appropriate safeguards regarding your non-public personal information stored by you in electronic or physical format. You understand that the failure to do could result in an unauthorized person gaining access to your accounts or information maintained by you, Platform Manager, Third Party Money Manager, the Qualified Custodian, or MOIS. • You agree and acknowledge that neither MOIS nor your Advisor can offer tax, legal or accounting advice regarding any investment product or strategy and that .
(i) You are responsible for consulting with taxan “accredited investor” within the meaning of Rule 501 of Regulation D promulgated by the Securities and Exchange Commission under the Securities Act of 1933, legal or accounting professionals as necessary. • Communications may be sent to you at your current address which is on file with MOIS, or at such other address as you may hereafter give MOIS in writing. All communications so sent, whether by mail, telegraph, messenger, or otherwise, shall be deemed given to you personally, whether actually received or notamended.
Appears in 2 contracts
Sources: Partnership Unit Purchase Agreement (Artisan Partners Asset Management Inc.), Partnership Unit Purchase Agreement (Artisan Partners Asset Management Inc.)
Your Representations. You represent and agree that: • You have read this Agreement and understand that MOIS, your Advisor Representative and to the extent applicable, the Qualified Custodian(s), Product Sponsor(s), and/or Third-Party Money Manager(s) and/or Platform Manager will rely upon the most current information provided by you in connection with providing Services for your Account. You recognize the value and usefulness of the services of MOIS will depend upon the accuracy and completeness of the information that you provide to MOIS, upon your active participation in the formulation of the objectives, and in the implementation of the advice to attain those objectives. You will provide MOIS all requested information and required documents that MOIS may reasonably request in order to permit a complete evaluation and preparation of the recommendations for you. You agree that you are obligated to notify MOIS of any changes to information previously supplied by you which is no longer accurate. MOIS will not be responsible for the verification of the information and documentation provided by you. You understand that you may maintain (individually or jointly) multiple accounts with different Qualified Custodian(s), Product Sponsor(s), and/or Third-Party Money Manager(s) and Platform Manager(s); that you may have different investment objectives, goals, goals or strategies or risk tolerance for such accounts/investmentsretirement plans; and that unless otherwise stated, the information contained in the accompanying Account Application only applies to the investments retirement plan associated with this particular account and the applicable Qualified Custodian, Product Sponsor, and/or Third-Party Money Manager or Platform Manager. You are responsible for reading any and all information provided to you by MOIS, your Advisor Representative and to the extent applicable the Qualified Custodian(s), Product Sponsors, and Third-Party Money Manager and Platform Manager with regard to your investments retirement plan (including but not limited to this Agreement, accompanying disclosure documents, prospectuses, confirmationsplan documents, and statements) including information regarding risk, fees and expenses associated with such investment. You are responsible for reporting any discrepancies or unauthorized transactions to MOIS no later than ten (10) days from receipt of such information. You understand that your failure to do so will be deemed an acknowledgement that you have ratified and authorized any transaction or activity in your accountprospectuses). • Except if you are an immediate family member of your Advisor, you You will not lend or borrow money or securities to or from your Advisor or any other person associated with MOIS or otherwise Representative. You will not enter into any other personal business relationship with your Advisor Representative (including any type of investment or business activity involving your Advisor Representative or anyone associated with your AdvisorRepresentative). You will immediately notify in writing the Compliance Department of MOIS in the event that you borrow or lend money or securities from your Advisor Representative or any other person associated with MOIS. • Except for financial planning services as described below, you will not write checks, prepare wire or ACH instructions, or authorize money orders or other methods of payment by making them payable to MOIS, your Advisor Representative or any person or entity associated with MOIS or your AdvisorRepresentative. Except for financial planning services by MOIS through your AdvisorRepresentative, all checks or other forms of payment should be made payable to the Qualified Custodian, Third-Party Money Manager Custodian or a particular Product Sponsor. For financial planning services provided by MOIS through your AdvisorRepresentative in connection with a separate advisory agreement, you may write a check made payable to MOIS; however, under no circumstances may you make a check payable to your Advisor Representative or any entity owned or controlled by your Advisor. • You will not allow your Advisor, or any person associated with MOIS, to serve as trustee, guardian, fiduciary, or co-owner of your account(s) unless that person is a member of your immediate family (i.e., spouse, parent, child or other person living in your household). To the extent that your Advisor is an immediate family member and serving as a trustee, you acknowledge that this role is in your Advisor’s personal capacity and outside of the services of MOIS. MOIS reserves the right to further restrict or prohibit your Advisor from engaging in trust activities for immediate family membersRepresentative. • You understand that investing in securities involves risk and that many variables exist that may have a substantial negative effect on the value of your investmentsthe Plan. You agree that you will not rely upon any information, statement, forecast, guarantee, comparison, prediction or projection (whether made orally or in writing) that is not contained in, or is inconsistent with, any publically publicly available information contained in a prospectus, disclosure document, confirmation, statement document or other filing made by, or contained in information supplied by the Qualified Custodian, Third- Party Money Manager, Platform Manager Custodian or a Product Sponsor. • MOIS and your Advisor Representative can rely upon any written or oral instructions provided by you with regard to activities in your account(s) (i.e., unsolicited and solicited trade instructions, transfers, and check requests) and that you are responsible for paying any fee, charge charge, commission or other expenses incurred by MOIS as a result of those instructions. You agree to indemnify MOIS from, and hold MOIS harmless for any losses resulting from your actions or failure to act, including losses resulting from actions taken by third parties acting on your behalf. • If you have checked the box “no” under “Industry and Other Affiliations” in the accompanying Application, you represent and warrant that you are not (i) associated with any of the persons or entities identified in the box for “yes” under “Industry and Other Affiliation”; (ii) no person other than as disclosed in the Account Application has an interest in your account(s); and (iii) you will immediately notify MOIS in writing if there is any change in your response to these questions. • You agree to review and monitor all activities in your accounts, including activities reflected on transaction confirmations and monthly/quarterly statements received from the Qualified Custodian(s), Product Sponsor(s), Third Party Money Manager(s) and/or Platform Manager(s), accounts and that all transactions activity will be deemed accurate and in accordance with your instructions unless you notify MOIS in writing within ten (10) days following receipt thereof. You acknowledge and agree that your failure to notify MOIS notification of any problems with your account(s) will be viewed by MOIS as authorization or ratification of such activities for which you are responsiblethe activity. You may contact MOIS regarding any activities in your account(s) as well as to submit a question or complaint in writing at: Mutual of Omaha Investor Services, Inc. ▇▇▇▇ ▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇ ▇▇▇▇▇ Or call us at: ▇▇▇-▇▇▇-▇▇▇▇ Or email us at: ▇▇▇▇.▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ The Financial Industry Regulatory Authority (FINRA) requires that MOIS provide the following information concerning FINRA’s public disclosure program. You may contact FINRA directly at FINRA BrokerCheck Hotline: ▇-▇▇▇-▇▇▇-▇▇▇▇ or at their website address: ▇▇▇.▇▇▇▇▇.▇▇▇. • You agree and authorize MOIS to monitor and/or record any telephone conversations with you or any person acting on your behalf. • You agree to resolve any disputes concerning your relationship with MOIS and any person associated with MOIS (including any Advisor Representative or any business entity they conduct business through), employees, officers, directors of MOIS or any company affiliated with MOIS in accordance with the Arbitration Agreement contained in this Agreement. • You understand that you are responsible for maintaining appropriate safeguards regarding your non-non- public personal information stored by you in electronic or physical format. You understand that the failure to do could result in an unauthorized person gaining access to your accounts or information maintained by you, Platform Manager, Third Party Money Manager, the Qualified Custodian, Custodian or MOISa Product Sponsor. • You agree and acknowledge that neither MOIS nor your Advisor its Representative can offer tax, legal or accounting advice regarding any investment product or strategy and that You you are responsible for consulting with tax, legal or accounting professionals as necessary. • Communications may be sent to you at your current address which is on file with MOIS, or at such other address as you may hereafter give MOIS in writing. All communications so sent, whether by mail, telegraph, messenger, or otherwise, shall be deemed given to you personally, whether actually received or not. • You agree and acknowledge that you have received and reviewed the Retirement Plan Fee Disclosure relating to your plan in accordance with ERISA section 408(b)(2).
Appears in 2 contracts
Sources: Customer Agreement, Customer Agreement
Your Representations. You represent and agree that: • You have read this Agreement and understand that MOIS, your Advisor Representative and to the extent applicable, the Qualified Custodian(s), Product Sponsor(s), and/or Third-Party Money Manager(s) and/or Platform Manager will rely upon the most current information provided by you in connection with providing Services for your Account. You recognize the value and usefulness of the services of MOIS will depend upon the accuracy and completeness of the information that you provide to MOIS, upon your active participation in the formulation of the objectives, and in the implementation of the advice to attain those objectives. You will provide MOIS all requested information and required documents that MOIS may reasonably request in order to permit a complete evaluation and preparation of the recommendations for you. You agree that you are obligated to notify MOIS of any changes to information previously supplied by you which is no longer accurate. MOIS will not be responsible for the verification of the information and documentation provided by you. You understand that you may maintain (individually or jointly) multiple accounts with different Qualified Custodian(s), Product Sponsor(s), and/or Third-Party Money Manager(s) and Platform Manager(s); that you may have different investment objectives, goals, goals or strategies or risk tolerance for such accounts/investmentsretirement plans; and that unless otherwise stated, the information contained in the accompanying Account Application only applies to the investments retirement plan associated with this particular account and the applicable Qualified Custodian, Product Sponsor, and/or Third-Party Money Manager or Platform Manager. You are responsible for reading any and all information provided to you by MOIS, your Advisor Representative and to the extent applicable the Qualified Custodian(s), Product Sponsors, and Third-Party Money Manager and Platform Manager with regard to your investments retirement plan (including but not limited to this Agreement, accompanying disclosure documents, prospectuses, confirmationsplan documents, and statements) including information regarding risk, fees and expenses associated with such investment. You are responsible for reporting any discrepancies or unauthorized transactions to MOIS no later than ten (10) days from receipt of such information. You understand that your failure to do so will be deemed an acknowledgement that you have ratified and authorized any transaction or activity in your accountprospectuses). • Except if you are an immediate family member of your Advisor, you You will not lend or borrow money or securities to or from your Advisor or any other person associated with MOIS or otherwise Representative. You will not enter into any other personal business relationship with your Advisor Representative (including any type of investment or business activity involving your Advisor Representative or anyone associated with your AdvisorRepresentative). You will immediately notify in writing the Compliance Department of MOIS in the event that you borrow or lend money or securities from your Advisor Representative or any other person associated with MOIS. • Except for financial planning services as described below, you will not write checks, prepare wire or ACH instructions, or authorize money orders or other methods of payment by making them payable to MOIS, your Advisor Representative or any person or entity associated with MOIS or your AdvisorRepresentative. Except for financial planning services by MOIS through your AdvisorRepresentative, all checks or other forms of payment should be made payable to the Qualified Custodian, Third-Party Money Manager Custodian or a particular Product Sponsor. For financial planning services provided by MOIS through your AdvisorRepresentative in connection with a separate advisory agreement, you may write a check made payable to MOIS; however, under no circumstances may you make a check payable to your Advisor Representative or any entity owned or controlled by your Advisor. • You will not allow your Advisor, or any person associated with MOIS, to serve as trustee, guardian, fiduciary, or co-owner of your account(s) unless that person is a member of your immediate family (i.e., spouse, parent, child or other person living in your household). To the extent that your Advisor is an immediate family member and serving as a trustee, you acknowledge that this role is in your Advisor’s personal capacity and outside of the services of MOIS. MOIS reserves the right to further restrict or prohibit your Advisor from engaging in trust activities for immediate family membersRepresentative. • You understand that investing in securities involves risk and that many variables exist that may have a substantial negative effect on the value of your investmentsthe Plan. You agree that you will not rely upon any information, statement, forecast, guarantee, comparison, prediction or projection (whether made orally or in writing) that is not contained in, or is inconsistent with, any publically available information contained in a prospectus, disclosure document, confirmation, statement document or other filing made by, or contained in information supplied by the Qualified Custodian, Third- Party Money Manager, Platform Manager Custodian or a Product Sponsor. • MOIS and your Advisor Representative can rely upon any written or oral instructions provided by you with regard to activities in your account(s) (i.e., unsolicited and solicited trade instructions, transfers, and check requests) and that you are responsible for paying any fee, charge charge, commission or other expenses incurred by MOIS as a result of those instructions. You agree to indemnify MOIS from, and hold MOIS harmless for any losses resulting from your actions or failure to act, including losses resulting from actions taken by third parties acting on your behalf. • If you have checked the box “no” under “Industry and Other Affiliations” in the accompanying Application, you represent and warrant that you are not (i) associated with any of the persons or entities identified in the box for “yes” under “Industry and Other Affiliation”; (ii) no person other than as disclosed in the Account Application has an interest in your account(s); and (iii) you will immediately notify MOIS in writing if there is any change in your response to these questions. • You agree to review and monitor all activities in your accounts, including activities reflected on transaction confirmations and monthly/quarterly statements received from the Qualified Custodian(s), Product Sponsor(s), Third Party Money Manager(s) and/or Platform Manager(s), accounts and that all transactions activity will be deemed accurate and in accordance with your instructions unless you notify MOIS in writing within ten (10) days following receipt thereof. You acknowledge and agree that your failure to notify MOIS notification of any problems with your account(s) will be viewed by MOIS as authorization or ratification of such activities for which you are responsiblethe activity. You may contact MOIS regarding any activities in your account(s) as well as to submit a question or complaint in writing at: Mutual of Omaha Investor Services, Inc. ▇▇▇▇ ▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇ ▇▇▇▇▇ Or call us at: ▇▇▇-▇▇▇-▇▇▇▇ Or email us at: ▇▇▇▇.▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ The Financial Industry Regulatory Authority (FINRA) requires that MOIS provide the following information concerning FINRA’s public disclosure program. You may contact FINRA directly at FINRA BrokerCheck Hotline: ▇-▇▇▇-▇▇▇-▇▇▇▇ or at their website address: ▇▇▇.▇▇▇▇▇.▇▇▇. • You agree and authorize MOIS to monitor and/or record any telephone conversations with you or any person acting on your behalf. • You agree to resolve any disputes concerning your relationship with MOIS and any person associated with MOIS (including any Advisor Representative or any business entity they conduct business through), employees, officers, directors of MOIS or any company affiliated with MOIS in accordance with the Arbitration Agreement contained in this Agreement. • You understand that you are responsible for maintaining appropriate safeguards regarding your non-non- public personal information stored by you in electronic or physical format. You understand that the failure to do could result in an unauthorized person gaining access to your accounts or information maintained by you, Platform Manager, Third Party Money Manager, the Qualified Custodian, Custodian or MOISa Product Sponsor. • You agree and acknowledge that neither MOIS nor your Advisor its Representative can offer tax, legal or accounting advice regarding any investment product or strategy and that You you are responsible for consulting with tax, legal or accounting professionals as necessary. • Communications may be sent to you at your current address which is on file with MOIS, or at such other address as you may hereafter give MOIS in writing. All communications so sent, whether by mail, telegraph, messenger, or otherwise, shall be deemed given to you personally, whether actually received or not. • You agree and acknowledge that you have received and reviewed the Retirement Plan Fee Disclosure relating to your plan in accordance with ERISA section 408(b)(2).
Appears in 1 contract
Sources: Customer Agreement
Your Representations. You represent and agree warrant that: • :
(a) You are at least eighteen (18) years old or have otherwise reached the age of majority according to the laws of your Applicable Jurisdiction.
(b) You are authorized to enter into this Agreement.
(c) You have read this Agreement notified DriveLoyalty, and DriveWealth, as required by Applicable Law, if you, your spouse, your immediate family or any beneficial owner of the Account are or become employed by or affiliated with any of the following: a member firm of FINRA or other exchange, or securities or commodities exchange, self-regulatory organization financial institution or any of their affiliated organizations or our independent auditor.
(d) You are not a Securities Professional and you are using the Account for your own personal, non-business, use.
(e) You are not an officer, director, or 10% or greater stockholder of any publicly traded company.
(f) You are not a “politically exposed person” or otherwise on any restricted list under applicable Office of Foreign Assets Control rules and regulations.
(g) No one other than you, and as applicable the individuals identified in your Account documentation, has or will have an interest in your Account, unless we are notified in writing and we agree to continue to facilitate maintenance of the Account.
(h) You have provided accurate and truthful personal and profile information, and you agree to keep such information updated at all times. You authorize DriveLoyalty as your introducing firm to provide to DriveWealth information related to you in order to establish and maintain your Account. Such information may include, among other things, personal identifying information, information on your residence, financial information, risk tolerance, and/or tax status.
(i) You acknowledge and understand that MOISall investments involve risk, that losses may exceed the principal invested, and that the past performance of a security, industry, sector, market, or financial product does not guarantee future results or returns. You are solely responsible for all investment decisions associated with your Advisor and to the extent applicable, the Qualified Custodian(s), Product Sponsor(s), Third-Party Money Manager(s) and/or Platform Manager will rely upon the most current information provided by you Account including any risks in connection with providing Services the purchase or sale of securities (which includes the risk of loss).
(j) You agree that it is your responsibility to review order execution confirmations and statements of your Account promptly upon receipt. These documents will be considered binding on you unless you notify us of an objection within two (2) days from the date confirmations are sent or within ten (10) days after Account statements are sent. Such objection may be oral or in writing, but any oral objection must be immediately confirmed in writing. In all cases, DriveLoyalty reserves the right to determine the validity of your objection. If you object to a transaction for your Account. You recognize the value any reason, you understand and usefulness of the services of MOIS will depend upon the accuracy and completeness of the information that you provide to MOIS, upon your active participation in the formulation of the objectives, and in the implementation of the advice to attain those objectives. You will provide MOIS all requested information and required documents that MOIS may reasonably request in order to permit a complete evaluation and preparation of the recommendations for you. You agree that you are obligated to notify MOIS take action to limit any losses that may result from such transaction and that you will bear sole responsibility for any losses relating to the transaction, even if your objection to the transaction is ultimately determined to be valid. Nothing in this clause shall limit your other responsibilities in this Agreement.
(k) You understand that DriveLoyalty or DriveWealth may discontinue your Account or any services related to your Account immediately by providing written notice to you. If DriveLoyalty or DriveWealth discontinues your Account or any services related to your Account, you agree that DriveWealth is authorized to (i) liquidate any securities or other property in your Account and send you any net proceeds (after satisfying any Obligations), and (ii) close your Account. This is without limitation to DriveLoyalty’s other rights under this Agreement or otherwise. “Obligations” includes all indebtedness, debit balances, liabilities, or other obligations of any changes kind of you to information previously supplied by you which is no longer accurateDriveLoyalty or DriveWealth, whether now existing or hereafter arising. MOIS Neither DriveLoyalty nor DriveWealth will not be responsible for any Losses caused by discontinuing your Account or any services, or any liquidation of your securities or other property, or closure of your Account, including any tax liabilities.
(l) In the verification of event your Account is canceled, closed, or terminated for any reason and thereafter DriveLoyalty receives funds to be applied to your Account, we reserve the information and documentation provided by you. You understand that you may maintain (individually or jointly) multiple accounts with different Qualified Custodian(s), Product Sponsor(s), Third-Party Money Manager(s) and Platform Manager(s); that right to apply the funds to any obligations you may have different investment objectives, goals, strategies or risk tolerance for such accounts/investments; and that unless otherwise stated, in your Account and/or transfer the information contained in the accompanying Account Application only applies funds to the investments associated balance of any active account you may own with this particular account a DriveLoyalty Affiliate.
(m) You agree to promptly return to DriveLoyalty any assets erroneously distributed to you. If you sell a security prior to its ex-dividend/distribution date, and you receive the applicable Qualified Custodianrelated cash/stock dividend or distribution in error, Product Sponsor, Third-Party Money Manager or Platform Manager. You are responsible for reading any and all information provided you irrevocably direct DriveLoyalty on your behalf to you by MOIS, your Advisor and pay such dividend/distribution to the extent applicable entitled purchaser of the Qualified Custodian(s), Product Sponsors, Third-Party Money Manager and Platform Manager with regard to your investments (including but not limited to this Agreement, accompanying disclosure documents, prospectuses, confirmationssecurities, and statements) including information regarding risk, fees and expenses associated with such investment. You are responsible for reporting any discrepancies or unauthorized transactions guarantee to MOIS no later than ten (10) days from receipt of such information. You understand that your failure to do so will be deemed an acknowledgement that you have ratified and authorized any transaction or activity in your account. • Except if you are an immediate family member of your Advisor, you will not lend or borrow money or securities to or from your Advisor or any other person associated with MOIS or otherwise enter into any other personal business relationship with your Advisor (including any type of investment or business activity involving your Advisor or anyone associated with your Advisor). You will immediately notify in writing the Compliance Department of MOIS in the event that you borrow or lend money or securities from your Advisor or any other person associated with MOIS. • Except for financial planning services as described below, you will not write checks, prepare wire or ACH instructionspromptly reimburse DriveLoyalty for, or authorize money orders deliver to DriveLoyalty, said dividend or other methods of payment by making them payable to MOIS, your Advisor or any person or entity associated with MOIS or your Advisor. Except for financial planning services by MOIS through your Advisor, all checks or other forms of payment should be made payable to the Qualified Custodian, Third-Party Money Manager or a particular Product Sponsor. For financial planning services provided by MOIS through your Advisor, you may write a check made payable to MOIS; however, under no circumstances may you make a check payable to your Advisor or any entity owned or controlled by your Advisor. • You will not allow your Advisor, or any person associated with MOIS, to serve as trustee, guardian, fiduciary, or co-owner of your account(sdistribution.
(n) unless that person is a member of your immediate family (i.e., spouse, parent, child or other person living in your household). To the extent that your Advisor is an immediate family member and serving as a trustee, you acknowledge that this role is in your Advisor’s personal capacity and outside of the services of MOIS. MOIS reserves the right to further restrict or prohibit your Advisor from engaging in trust activities for immediate family members. • You understand that investing in securities involves risk and that many variables exist that may have a substantial negative effect on the value of your investments. You agree that all Securities and Other Assets which you deposit into the Account will not rely upon any informationbe in Good Deliverable Form. “Good Deliverable Form” means that the Securities and Other Assets are freely transferable, statementproperly endorsed, forecast, guarantee, comparison, prediction or projection (whether made orally or in writing) that is not contained in, or is inconsistent with, any publically available information contained in a prospectus, disclosure document, confirmation, statement or other filing made by, or contained in information supplied by the Qualified Custodian, Third- Party Money Manager, Platform Manager or a Product Sponsor. • MOIS registered and your Advisor can rely upon any written or oral instructions provided by you with regard to activities in your account(s) (i.e., unsolicited and solicited trade instructions, transfers, and check requests) and that you are responsible for paying any fee, charge or other expenses incurred by MOIS as a result of those instructionsfully negotiable. You agree to indemnify MOIS from, give DriveLoyalty timely and hold MOIS harmless for accurate information relating to any losses resulting from your actions restrictions on the sale or failure to acttransfer of any Securities and Other Assets, including losses resulting from actions taken by third parties acting restrictions on your behalf. • If you have checked the box “no” under “Industry sale or transfer of any Securities and Other Affiliations” in the accompanying ApplicationAssets that are subject to restrictions on resale under Applicable Law, you represent and warrant that you are not (i) associated with any of the persons or entities identified in the box for “yes” under “Industry and Other Affiliation”; (ii) no person other than as disclosed in the Account Application has an interest in your account(s); and (iii) you will immediately notify MOIS in writing if there is any change in your response to these questions. • You agree to review and monitor all activities in your accounts, including activities reflected on transaction confirmations and monthly/quarterly statements received from the Qualified Custodian(s), Product Sponsor(s), Third Party Money Manager(s) and/or Platform Manager(s), and that all transactions will be deemed accurate and in accordance with your instructions unless you notify MOIS in writing within ten (10) days following receipt thereof. You acknowledge and agree that your failure to notify MOIS of any problems with your account(s) will be viewed by MOIS as authorization or ratification of such activities for which you are responsible. You may contact MOIS regarding any activities in your account(s) as well as to submit a question or complaint in writing at: Mutual of Omaha Investor Services, Inc. ▇▇▇▇ ▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇ ▇▇▇▇▇ Or call us at: ▇▇▇-▇▇▇-▇▇▇▇ Or email us at: ▇▇▇▇.▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ The Financial Industry Regulatory Authority (FINRA) requires that MOIS provide the following information concerning FINRA’s public disclosure program. You may contact FINRA directly at FINRA BrokerCheck Hotline: ▇-▇▇▇-▇▇▇-▇▇▇▇ or at their website address: ▇▇▇.▇▇▇▇▇.▇▇▇. • You agree and authorize MOIS to monitor and/or record any telephone conversations with you or any person acting on your behalf. • You agree to resolve any disputes concerning your relationship with MOIS and any person associated with MOIS (including any Advisor or any business entity they conduct business through), employees, officers, directors of MOIS or any company affiliated with MOIS in accordance with the Arbitration Agreement contained in this Agreement. • You understand that you are responsible for maintaining appropriate safeguards regarding your non-public personal information stored by you in electronic or physical format. You understand that the failure to do could result in an unauthorized person gaining access to your accounts or information maintained by you, Platform Manager, Third Party Money Manager, the Qualified Custodian, or MOIS. • You agree and acknowledge that neither MOIS nor your Advisor can offer tax, legal or accounting advice regarding any investment product or strategy and that You are responsible for consulting with tax, legal or accounting professionals as necessary. • Communications may be sent to you at your current address which is on file with MOIS, or at such other address as you may hereafter give MOIS in writing. All communications so sent, whether by mail, telegraph, messenger, contract or otherwise, shall be deemed given including without limitation, Securities and Other Assets subject to you personally, whether actually received Rules 144 or not145(d) under the Securities Act of 1933 (“Restricted Securities”).
Appears in 1 contract
Sources: Customer Account Agreement
Your Representations. You represent and agree that: • You have read this Agreement and understand that MOIS, your Advisor Representative and to the extent applicable, the Qualified Custodian(s), ) and/or Product Sponsor(s), Third-Party Money Manager(s) and/or Platform Manager will rely upon the most current information provided by you in connection with providing Services for your Account. You recognize the value and usefulness of the services of MOIS will depend upon the accuracy and completeness of the information that you provide to MOIS, upon your active participation in the formulation of the objectives, and in the implementation of the advice to attain those objectives. You will provide MOIS all requested information and required documents that MOIS may reasonably request in order to permit a complete evaluation and preparation of the recommendations for you. You agree that you are obligated to notify MOIS of any changes to information previously supplied by you which is no longer accurate. MOIS will not be responsible for the verification of the information and documentation provided by you. You understand that you may maintain (individually or jointly) multiple accounts with different Qualified Custodian(s), ) and/or Product Sponsor(s), Third-Party Money Manager(s) and Platform Manager(s); that you may have different investment objectives, goals, strategies or risk tolerance for such accounts/investments; and that unless otherwise stated, the information contained in the accompanying Account Application only applies to the investments associated with this particular account and the applicable Qualified Custodian, Custodian and/or Product Sponsor, Third-Party Money Manager or Platform Manager. You are responsible for reading any and all information provided to you by MOIS, your Advisor Representative and to the extent applicable the Qualified Custodian(s), ) and Product Sponsors, Third-Party Money Manager and Platform Manager Sponsor(s) with regard to your investments (including but not limited to this Agreement, accompanying disclosure documents, prospectuses, confirmations, and statements) including information regarding risk, fees and expenses associated with such investment. You are responsible for reporting any discrepancies or unauthorized transactions to MOIS no later than ten (10) days from receipt of such information. You understand that your failure to do so will be deemed an acknowledgement that you have ratified and authorized any transaction or activity in your account. • Except if you are an immediate family member of your AdvisorRepresentative, you will not lend or borrow money or securities to or from your Advisor or any other person associated with MOIS Representative or otherwise enter into any other personal business relationship with your Advisor Representative (including any type of investment or business activity involving your Advisor Representative, an associate of your Representative or anyone any other person associated with your AdvisorMOIS). You will immediately notify in writing the Compliance Department of MOIS in the event that you borrow or lend money or securities from your Advisor Representative or any other person associated with MOIS. • Except for financial planning services as described below, you You will not write checks, prepare wire or ACH instructions, or authorize money orders or other methods of payment by making them payable to MOIS, your Advisor Representative, an associate of your Representative or any other person or entity associated with MOIS or your AdvisorMOIS. Except for financial planning services by MOIS through your Advisor, all All checks or other forms of payment should be made payable to the Qualified Custodian, Third-Party Money Manager Custodian or a particular Product Sponsor. For financial planning services provided by MOIS through your AdvisorRepresentative in connection with a separate advisory agreement, you may write a check made payable to MOIS; however, under no circumstances may you make a check payable to your Advisor Representative or any entity owned or controlled by your AdvisorRepresentative. • You will not allow your AdvisorRepresentative, an associate of our Representative or any other person associated with MOIS, MOIS to serve as trustee, guardian, fiduciary, or co-owner of your account(s) unless that person is a member of your immediate family (i.e., spouse, parent, child or other person living in your household). To the extent that your Advisor Representative is an immediate family member and serving as a trustee, you acknowledge that this role is in your AdvisorRepresentative’s personal capacity and outside of the services of MOIS. MOIS reserves the right to further restrict or prohibit your Advisor Representative from engaging in trust activities for immediate family members. • You understand that investing in securities involves risk and that many variables exist that may have a substantial negative effect on the value of your investments. You agree that you will not rely upon any information, statement, forecast, guarantee, comparison, prediction or projection (whether made orally or in writing) that is not contained in, or is inconsistent with, any publically publicly available information contained in a prospectus, disclosure document, confirmation, statement or other filing made by, or contained in information supplied by the Qualified Custodian, Third- Party Money Manager, Platform Manager Custodian or a Product Sponsor. • MOIS and your Advisor Representative can rely upon any written or oral instructions provided by you with regard to activities in your account(s) (i.e., unsolicited and solicited trade instructions, transfers, and check requests) and that you are responsible for paying any fee, charge charge, commission or other expenses incurred by MOIS as a result of those instructions. You agree to indemnify MOIS from, and hold MOIS harmless for any losses resulting from your actions or failure to act, including losses resulting from actions taken by third parties acting on your behalf. • If you have checked the box “no” under “Industry and Other Affiliations” in the accompanying Application, you represent and warrant that you are not (i) associated with any of the persons or entities identified in the box for “yes” under “Industry and Other Affiliation”; (ii) no person other than as disclosed in the Account Application has an interest in your account(s); and (iii) you will immediately notify MOIS in writing if there is any change in your response to these questions. • You agree to review and monitor all activities in your accounts, including activities reflected on transaction confirmations and monthly/quarterly statements received from the Qualified Custodian(s), ) or Product Sponsor(s), Third Party Money Manager(s) and/or Platform Manager(s), and that all transactions will be deemed accurate and in accordance with your instructions unless you notify MOIS in writing within ten (10) days following receipt thereof. You acknowledge and agree that your failure to notify MOIS of any problems with your account(s) will be viewed by MOIS as authorization or ratification of such activities for which you are responsible. You may contact MOIS regarding any activities in your account(s) as well as to submit a question or complaint in writing at: Mutual of Omaha Investor Services, Inc. ▇▇▇▇ ▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇ ▇▇▇▇▇ Omaha NE 68175 Or call us at: ▇▇▇-▇▇▇-▇▇▇▇ Or email us at: ▇▇▇▇.▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ The Financial Industry Regulatory Authority (FINRA) requires that MOIS provide the following information concerning FINRA’s public disclosure program. You may contact FINRA directly at FINRA BrokerCheck Hotline: ▇-▇▇▇-▇▇▇-▇▇▇▇ or at their website address: ▇▇▇.▇▇▇▇▇.▇▇▇. • You agree and authorize MOIS to monitor and/or record any telephone conversations with you or any person acting on your behalf. • You agree to resolve any disputes concerning your relationship with MOIS and any person associated with MOIS (including any Advisor Representative or any business entity they conduct business through), employees, officers, directors of MOIS or any company affiliated with MOIS in accordance with the Arbitration Agreement contained in this Agreement. • You understand that you are responsible for maintaining appropriate safeguards regarding your non-public personal information stored by you in electronic or physical format. You understand that the failure to do could result in an unauthorized person gaining access to your accounts or information maintained by you, Platform Manager, Third Party Money Manager, the Qualified CustodianCustodian or a Product Sponsor. • Although a Representative may also be licensed as an investment adviser representative of an investment adviser firm and hold industry designations such as the Certified Financial Planner (“CFP”), when the Representative is acting solely in his/her capacity as a registered representative, any recommendations will be made in accordance with FINRA suitability and SEC best interest standards and not in the capacity as an investment advisory fiduciary, CFP or MOISother standard. • You agree and acknowledge that neither MOIS nor your Advisor its Representative can offer tax, legal or accounting advice regarding any investment product or strategy and that You are responsible for consulting with tax, legal or accounting professionals as necessary. • Communications may be sent to you at your current address which is on file with MOIS, or at such other address as you may hereafter give MOIS in writing. All communications so sent, whether by mail, telegraph, messenger, or otherwise, shall be deemed given to you personally, whether actually received or not. • You understand that your Representative is responsible for promptly transmitting any funds received from you in relation to account activity. After the MOIS Home Office receives the complete and correct new account application and transaction paperwork, MOIS may take up to seven days to review and transmit funds. MOIS will maintain a copy of funds received in the Home Office, including a record of when the funds were received from the customer and the date the funds were transmitted to the Product Sponsor. Once MOIS has approved or rejected the transaction, the funds will be promptly transmitted to the Qualified Custodian or Product Sponsor; or returned to the customer.
Appears in 1 contract
Sources: Customer Agreement
Your Representations. You represent and agree that: • You have read this Agreement and understand that MOIS, your Advisor and to the extent applicable, the Qualified Custodian(s), Product Sponsor(s), Third-Party Money Manager(s) and/or Platform Manager will rely upon the most current information provided by you in connection with providing Services for your Account. You recognize the value and usefulness of the services of MOIS will depend upon the accuracy and completeness of the information that you provide to MOIS, upon your active participation in the formulation of the objectives, and in the implementation of the advice to attain those objectives. You will provide MOIS all requested information and required documents that MOIS may reasonably request in order to permit a complete evaluation and preparation of the recommendations for you. You agree that you are obligated to notify MOIS of any changes to information previously supplied by you which is no longer accurate. MOIS will not be responsible for the verification of the information and documentation provided by you. You understand that you may maintain (individually or jointly) multiple accounts with different Qualified Custodian(s), Product Sponsor(s), Third-Party Money Manager(s) and Platform Manager(s); that you may have different investment objectives, goals, strategies or risk tolerance for such accounts/investments; and that unless otherwise stated, the information contained in the accompanying Account Application only applies to the investments associated with this particular account and the applicable Qualified Custodian, Product Sponsor, Third-Party Money Manager or Platform Manager. You are responsible for reading any and all information provided to you by MOIS, your Advisor and to the extent applicable the Qualified Custodian(s), Product Sponsors, Third-Party Money Manager and Platform Manager with regard to your investments (including but not limited to this Agreement, accompanying disclosure documents, prospectuses, confirmations, and statements) including information regarding risk, fees and expenses associated with such investment. You are responsible for reporting any discrepancies or unauthorized transactions to MOIS no later than ten (10) days from receipt of such information. You understand that your failure to do so will be deemed an acknowledgement that you have ratified and authorized any transaction or activity in your account. • Except if you are an immediate family member of your Advisor, you will not lend or borrow money or securities to or from your Advisor or any other person associated with MOIS or otherwise enter into any other personal business relationship with your Advisor (including any type of investment or business activity involving your Advisor or anyone associated with your Advisor). You will immediately notify in writing the Compliance Department of MOIS in the event that you borrow or lend money or securities from your Advisor or any other person associated with MOIS. • Except for financial planning services as described below, you will not write checks, prepare wire or ACH instructions, or authorize money orders or other methods of payment by making them payable to MOIS, your Advisor or any person or entity associated with MOIS or your Advisor. Except for financial planning services by MOIS through your Advisor, all checks or other forms of payment should be made payable to the Qualified Custodian, Third-Party Money Manager or a particular Product Sponsor. For financial planning services provided by MOIS through your Advisor, you may write a check made payable to MOIS; however, under no circumstances may you make a check payable to your Advisor or any entity owned or controlled by your Advisor. • You will not allow your Advisor, or any person associated with MOIS, to serve as trustee, guardian, fiduciary, or co-owner of ownerof your account(s) unless that person is a member of memberof your immediate family (i.e., spouse, parent, child or other person living in your household). To the extent that your Advisor is an immediate family member and serving as a trustee, you acknowledge that this role is in your Advisor’s 's personal capacity and outside of the services of MOIS. MOIS reserves the right to further restrict or prohibit your Advisor from engaging in trust activities for immediate family members. • You understand that investing in securities involves risk and that many variables exist that may have a substantial negative effect on the value of your investments. You agree that you will not rely upon any information, statement, forecast, guarantee, comparison, prediction or projection (whether made orally or in writing) that is not contained in, or is inconsistent with, any publically publicly available information contained in a prospectus, disclosure document, confirmation, statement or other filing made by, or contained in information supplied by the Qualified Custodian, Third- Party Money Manager, Platform Manager or a Product Sponsor. • MOIS and your Advisor can rely upon any written or oral instructions provided by you with regard to activities in your account(s) (i.e., unsolicited and solicited trade instructions, transfers, and check requests) and that you are responsible for paying any fee, charge or other expenses incurred by MOIS as a result of those instructions. You agree to indemnify MOIS from, and hold MOIS harmless for any losses resulting from your actions or failure to act, including losses resulting from actions taken by third parties acting on your behalf. • If you have checked the box “"no” " under “"Industry and Other Affiliations” " in the accompanying Application, you represent and warrant that you are not (i) associated with any of the persons or entities identified in the box for “"yes” " under “"Industry and Other Affiliation”"; (ii) no person other than as disclosed in the Account Application has an interest in your account(s); and (iii) you will immediately notify MOIS in writing if there is any change in your response to these questions. • You agree to review and monitor all activities in your accounts, including activities reflected on transaction confirmations and monthly/quarterly statements received from the Qualified Custodian(s), Product Sponsor(s), Third Party Money Manager(s) and/or Platform Manager(s), and that all transactions will be deemed accurate and in accordance with your instructions unless you notify MOIS in writing within ten (10) days following receipt thereof. You acknowledge and agree that your failure to notify MOIS of any problems with your account(s) will be viewed by MOIS as authorization or ratification of such activities for which you are responsible. You may contact MOIS regarding any activities in your account(s) as well as to submit a question or complaint in writing at: Mutual of Omaha Investor Services, Inc. ▇▇▇▇ ▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇ ▇▇▇▇▇ Omaha NE 68175 Or call us at: ▇▇▇-▇▇▇-▇▇▇▇ Or email us at: ▇▇▇▇.▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ The Financial Industry Regulatory Authority (FINRA) requires that MOIS provide the following information concerning FINRA’s 's public disclosure program. You may contact FINRA directly at FINRA BrokerCheck Hotline: ▇-▇▇▇-▇▇▇-▇▇▇▇ or at their website address: ▇▇▇.▇▇▇▇▇.▇▇▇. • You agree and authorize MOIS to monitor and/or record any telephone conversations with you or any person acting on your behalf. • You agree to resolve any disputes concerning your relationship with MOIS and any person associated with MOIS (including any Advisor or any business entity they conduct business through), employees, officers, directors of MOIS or any company affiliated with MOIS in accordance with the Arbitration Agreement contained in this Agreement. • You understand that you are responsible for maintaining appropriate safeguards regarding your non-public personal information stored by you in electronic or physical format. You understand that the failure to do could result in an unauthorized person gaining access to your accounts or information maintained by you, Platform Manager, Third Party Money Manager, the Qualified Custodian, or MOIS. • You agree and acknowledge that neither MOIS nor your Advisor can offer tax, legal or accounting advice regarding any investment product or strategy and that You are responsible for consulting with tax, legal or accounting professionals as necessary. • Communications may be sent to you at your current address which is on file with MOIS, or at such other address as you may hereafter give MOIS in writing. All communications so sent, whether by mail, telegraph, messenger, or otherwise, shall be deemed given to you personally, whether actually received or not.
Appears in 1 contract
Your Representations. You represent and agree that: • You have read this Agreement and understand that MOIS, your Advisor Representative and to the extent applicable, the Qualified Custodian(s), Product Sponsor(s), and/or Third-Party Money Manager(s) and/or Platform Manager will rely upon the most current information provided by you in connection with providing Services for your Account. You recognize the value and usefulness of the services of MOIS will depend upon the accuracy and completeness of the information that you provide to MOIS, upon your active participation in the formulation of the objectives, and in the implementation of the advice to attain those objectives. You will provide MOIS all requested information and required documents that MOIS may reasonably request in order to permit a complete evaluation and preparation of the recommendations for you. You agree that you are obligated to notify MOIS of any changes to information previously supplied by you which is no longer accurate. MOIS will not be responsible for the verification of the information and documentation provided by you. You understand that you may maintain (individually or jointly) multiple accounts with different Qualified Custodian(s), Product Sponsor(s), and/or Third-Party Money Manager(s) and Platform Manager(s); that you may have different investment objectives, goals, goals or strategies or risk tolerance for such accounts/investmentsretirement plans; and that unless otherwise stated, the information contained in the accompanying Account Application only applies to the investments retirement plan associated with this particular account and the applicable Qualified Custodian, Product Sponsor, and/or Third-Party Money Manager or Platform Manager. You are responsible for reading any and all information provided to you by MOIS, your Advisor Representative and to the extent applicable the Qualified Custodian(s), Product Sponsors, and Third-Party Money Manager and Platform Manager with regard to your investments retirement plan (including but not limited to this Agreement, accompanying disclosure documents, prospectuses, confirmationsplan documents, and statements) including information regarding risk, fees and expenses associated with such investment. You are responsible for reporting any discrepancies or unauthorized transactions to MOIS no later than ten (10) days from receipt of such information. You understand that your failure to do so will be deemed an acknowledgement that you have ratified and authorized any transaction or activity in your accountprospectuses). • Except if you are an immediate family member of your Advisor, you You will not lend or borrow money or securities to or from your Advisor or any other person associated with MOIS or otherwise Representative. You will not enter into any other personal business relationship with your Advisor Representative (including any type of investment or business activity involving your Advisor Representative or anyone associated with your AdvisorRepresentative). You will immediately notify in writing the Compliance Department of MOIS in the event that you borrow or lend money or securities from your Advisor Representative or any other person associated with MOIS. • Except for financial planning services as described below, you will not write checks, prepare wire or ACH instructions, or authorize money orders or other methods of payment by making them payable to MOIS, your Advisor Representative or any person or entity associated with MOIS or your AdvisorRepresentative. Except for financial planning services by MOIS through your AdvisorRepresentative, all checks or other forms of payment should be made payable to the Qualified Custodian, Third-Party Money Manager Custodian or a particular Product Sponsor. For financial planning services provided by MOIS through your AdvisorRepresentative in connection with a separate advisory agreement, you may write a check made payable to MOIS; however, under no circumstances may you make a check payable to your Advisor Representative or any entity owned or controlled by your Advisor. • You will not allow your Advisor, or any person associated with MOIS, to serve as trustee, guardian, fiduciary, or co-owner of your account(s) unless that person is a member of your immediate family (i.e., spouse, parent, child or other person living in your household). To the extent that your Advisor is an immediate family member and serving as a trustee, you acknowledge that this role is in your Advisor’s personal capacity and outside of the services of MOIS. MOIS reserves the right to further restrict or prohibit your Advisor from engaging in trust activities for immediate family membersRepresentative. • You understand that investing in securities involves risk and that many variables exist that may have a substantial negative effect on the value of your investmentsthe Plan. You agree that you will not rely upon any information, statement, forecast, guarantee, comparison, prediction or projection (whether made orally or in writing) that is not contained in, or is inconsistent with, any publically publicly available information contained in a prospectus, disclosure document, confirmation, statement document or other filing made by, or contained in information supplied by the Qualified Custodian, Third- Party Money Manager, Platform Manager Custodian or a Product Sponsor. • MOIS and your Advisor Representative can rely upon any written or oral instructions provided by you with regard to activities in your account(s) (i.e., unsolicited and solicited trade instructions, transfers, and check requests) and that you are responsible for paying any fee, charge charge, commission or other expenses incurred by MOIS as a result of those instructions. You agree to indemnify MOIS from, and hold MOIS harmless for for, any losses resulting from your actions or failure to act, including losses resulting from actions taken by third parties acting on your behalf. • If you have checked the box “no” under “Industry and Other Affiliations” in the accompanying Application, you represent and warrant that you are not (i) associated with any of the persons or entities identified in the box for “yes” under “Industry and Other Affiliation”; (ii) no person other than as disclosed in the Account Application has an interest in your account(s); and (iii) you will immediately notify MOIS in writing if there is any change in your response to these questions. • You agree to review and monitor all activities in your accounts, including activities reflected on transaction confirmations and monthly/quarterly statements received from the Qualified Custodian(s), Product Sponsor(s), Third Party Money Manager(s) and/or Platform Manager(s), accounts and that all transactions activity will be deemed accurate and in accordance with your instructions unless you notify MOIS in writing within ten (10) days following receipt thereof. You acknowledge and agree that your failure to notify MOIS notification of any problems with your account(s) will be viewed by MOIS as authorization or ratification of such activities for which you are responsiblethe activity. You may contact MOIS regarding any activities in your account(s) as well as to submit a question or complaint in writing at: Mutual of Omaha Investor Services, Inc. ▇▇▇▇ ▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇ ▇▇▇▇▇ Or call us at: ▇▇▇-▇▇▇-▇▇▇▇ Or email us at: ▇▇▇▇.▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ The Financial Industry Regulatory Authority (FINRA) requires that MOIS provide the following information concerning FINRA’s public disclosure program. You may contact FINRA directly at FINRA BrokerCheck Hotline: ▇-▇▇▇-▇▇▇-▇▇▇▇ or at their website address: ▇▇▇.▇▇▇▇▇.▇▇▇. • You agree and authorize MOIS to monitor and/or record any telephone conversations with you or any person acting on your behalf. • You agree to resolve any disputes concerning your relationship with MOIS and any person associated with MOIS (including any Advisor Representative or any business entity they conduct business through), employees, officers, directors of MOIS or any company affiliated with MOIS in accordance with the Arbitration Agreement contained in this Agreement. • You understand that you are responsible for maintaining appropriate safeguards regarding your non-public personal information stored by you in electronic or physical format. You understand that the failure to do could result in an unauthorized person gaining access to your accounts or information maintained by you, Platform Manager, Third Party Money Manager, the Qualified Custodian, Custodian or MOISa Product Sponsor. • You agree and acknowledge that neither MOIS nor your Advisor its Representative can offer tax, legal or accounting advice regarding any investment product or strategy and that You you are responsible for consulting with tax, legal or accounting professionals as necessary. • Communications may be sent to you at your current address which is on file with MOIS, or at such other address as you may hereafter give MOIS in writing. All communications so sent, whether by mail, telegraph, messenger, or otherwise, shall be deemed given to you personally, whether actually received or not. • You agree and acknowledge that you have received and reviewed the Retirement Plan Fee Disclosure relating to your plan in accordance with ERISA section 408(b)(2).
Appears in 1 contract
Sources: Customer Agreement
Your Representations. You represent and agree that: • You have read this Agreement and understand that MOIS, your Advisor Representative and to the extent applicable, the Qualified Custodian(s), ) and/or Product Sponsor(s), Third-Party Money Manager(s) and/or Platform Manager will rely upon the most current information provided by you in connection with providing Services for your Account. You recognize the value and usefulness of the services of MOIS will depend upon the accuracy and completeness of the information that you provide to MOIS, upon your active participation in the formulation of the objectives, and in the implementation of the advice to attain those objectives. You will provide MOIS all requested information and required documents that MOIS may reasonably request in order to permit a complete evaluation and preparation of the recommendations for you. You agree that you are obligated to notify MOIS of any changes to information previously supplied by you which is no longer accurate. MOIS will not be responsible for the verification of the information and documentation provided by you. You understand that you may maintain (individually or jointly) multiple accounts with different Qualified Custodian(s), ) and/or Product Sponsor(s), Third-Party Money Manager(s) and Platform Manager(s); that you may have different investment objectives, goals, strategies or risk tolerance for such accounts/investments; and that unless otherwise stated, the information contained in the accompanying Account Application only applies to the investments associated with this particular account and the applicable Qualified Custodian, Custodian and/or Product Sponsor, Third-Party Money Manager or Platform Manager. You are responsible for reading any and all information provided to you by MOIS, your Advisor Representative and to the extent applicable the Qualified Custodian(s), ) and Product Sponsors, Third-Party Money Manager and Platform Manager Sponsor(s) with regard to your investments (including but not limited to this Agreement, accompanying disclosure documents, prospectuses, confirmations, and statements) including information regarding risk, fees and expenses associated with such investment. You are responsible for reporting any discrepancies or unauthorized transactions to MOIS no later than ten (10) days from receipt of such information. You understand that your failure to do so will be deemed an acknowledgement that you have ratified and authorized any transaction or activity in your account. • Except if you are an immediate family member of your AdvisorRepresentative, you will not lend or borrow money or securities to or from your Advisor or any other person associated with MOIS Representative or otherwise enter into any other personal business relationship with your Advisor Representative (including any type of investment or business activity involving your Advisor Representative, an associate of your Representative or anyone any other person associated with your AdvisorMOIS). You will immediately notify in writing the Compliance Department of MOIS in the event that you borrow or lend money or securities from your Advisor Representative or any other person associated with MOIS. • Except for financial planning services as described below, you You will not write checks, prepare wire or ACH instructions, or authorize money orders or other methods of payment by making them payable to MOIS, your Advisor Representative, an associate of your Representative or any other person or entity associated with MOIS or your AdvisorMOIS. Except for financial planning services by MOIS through your Advisor, all All checks or other forms of payment should be made payable to the Qualified Custodian, Third-Party Money Manager Custodian or a particular Product Sponsor. For financial planning services provided by MOIS through your AdvisorRepresentative in connection with a separate advisory agreement, you may write a check made payable to MOIS; however, under no circumstances may you make a check payable to your Advisor Representative or any entity owned or controlled by your AdvisorRepresentative. • You will not allow your AdvisorRepresentative, an associate of our Representative or any other person associated with MOIS, MOIS to serve as trustee, guardian, fiduciary, or co-owner of your account(s) unless that person is a member of your immediate family (i.e., spouse, parent, child or other person living in your household). To the extent that your Advisor Representative is an immediate family member and serving as a trustee, you acknowledge that this role is in your AdvisorRepresentative’s personal capacity and outside of the services of MOIS. MOIS reserves the right to further restrict or prohibit your Advisor Representative from engaging in trust activities for immediate family members. • You understand that investing in securities involves risk and that many variables exist that may have a substantial negative effect on the value of your investments. You agree that you will not rely upon any information, statement, forecast, guarantee, comparison, prediction or projection (whether made orally or in writing) that is not contained in, or is inconsistent with, any publically available information contained in a prospectus, disclosure document, confirmation, statement or other filing made by, or contained in information supplied by the Qualified Custodian, Third- Party Money Manager, Platform Manager Custodian or a Product Sponsor. • MOIS and your Advisor Representative can rely upon any written or oral instructions provided by you with regard to activities in your account(s) (i.e., unsolicited and solicited trade instructions, transfers, and check requests) and that you are responsible for paying any fee, charge charge, commission or other expenses incurred by MOIS as a result of those instructions. You agree to indemnify MOIS from, and hold MOIS harmless for any losses resulting from your actions or failure to act, including losses resulting from actions taken by third parties acting on your behalf. • If you have checked the box “no” under “Industry and Other Affiliations” in the accompanying Application, you represent and warrant that you are not (i) associated with any of the persons or entities identified in the box for “yes” under “Industry and Other Affiliation”; (ii) no person other than as disclosed in the Account Application has an interest in your account(s); and (iii) you will immediately notify MOIS in writing if there is any change in your response to these questions. • You agree to review and monitor all activities in your accounts, including activities reflected on transaction confirmations and monthly/quarterly statements received from the Qualified Custodian(s), ) or Product Sponsor(s), Third Party Money Manager(s) and/or Platform Manager(s), and that all transactions will be deemed accurate and in accordance with your instructions unless you notify MOIS in writing within ten (10) days following receipt thereof. You acknowledge and agree that your failure to notify MOIS of any problems with your account(s) will be viewed by MOIS as authorization or ratification of such activities for which you are responsible. You may contact MOIS regarding any activities in your account(s) as well as to submit a question or complaint in writing at: Mutual of Omaha Investor Services, Inc. ▇▇▇▇ ▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇ ▇▇▇▇▇ Or call us at: ▇▇▇-▇▇▇-▇▇▇▇ Or email us at: ▇▇▇▇.▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ The Financial Industry Regulatory Authority (FINRA) requires that MOIS provide the following information concerning FINRA’s public disclosure program. You may contact FINRA directly at FINRA BrokerCheck Hotline: ▇-▇▇▇-▇▇▇-▇▇▇▇ or at their website address: ▇▇▇.▇▇▇▇▇.▇▇▇. • You agree and authorize MOIS to monitor and/or record any telephone conversations with you or any person acting on your behalf. • You agree to resolve any disputes concerning your relationship with MOIS and any person associated with MOIS (including any Advisor Representative or any business entity they conduct business through), employees, officers, directors of MOIS or any company affiliated with MOIS in accordance with the Arbitration Agreement contained in this Agreement. • You understand that you are responsible for maintaining appropriate safeguards regarding your non-public personal information stored by you in electronic or physical format. You understand that the failure to do could result in an unauthorized person gaining access to your accounts or information maintained by you, Platform Manager, Third Party Money Manager, the Qualified CustodianCustodian or a Product Sponsor. • Although a Representative may also be licensed as an investment adviser representative of an investment adviser firm and hold industry designations such as the Certified Financial Planner (“CFP”), when the Representative is acting solely in his/her capacity as a registered representative, any recommendations will be made in accordance with FINRA suitability and SEC best interest standards and not in the capacity as an investment advisory fiduciary, CFP or MOISother standard. • You agree and acknowledge that neither MOIS nor your Advisor its Representative can offer tax, legal or accounting advice regarding any investment product or strategy and that You are responsible for consulting with tax, legal or accounting professionals as necessary. • Communications may be sent to you at your current address which is on file with MOIS, or at such other address as you may hereafter give MOIS in writing. All communications so sent, whether by mail, telegraph, messenger, or otherwise, shall be deemed given to you personally, whether actually received or not. • You understand that your Representative is responsible for promptly transmitting any funds received from you in relation to account activity. After the MOIS Home Office receives the complete and correct new account application and transaction paperwork, MOIS may take up to seven days to review and transmit funds. MOIS will maintain a copy of funds received in the Home Office, including a record of when the funds were received from the customer and the date the funds were transmitted to the Product Sponsor. Once MOIS has approved or rejected the transaction, the funds will be promptly transmitted to the Qualified Custodian or Product Sponsor; or returned to the customer.
Appears in 1 contract
Sources: Customer Agreement
Your Representations. You represent and agree that: • You have read this Agreement and understand that MOIS, your Advisor Representative and to the extent applicable, the Qualified Custodian(s), ) and/or Product Sponsor(s), Third-Party Money Manager(s) and/or Platform Manager will rely upon the most current information provided by you in connection with providing Services for your Account. You recognize the value and usefulness of the services of MOIS will depend upon the accuracy and completeness of the information that you provide to MOIS, upon your active participation in the formulation of the objectives, and in the implementation of the advice to attain those objectives. You will provide MOIS all requested information and required documents that MOIS may reasonably request in order to permit a complete evaluation and preparation of the recommendations for you. You agree that you are obligated to notify MOIS of any changes to information previously supplied by you which is no longer accurate. MOIS will not be responsible for the verification of the information and documentation provided by you. You understand that you may maintain (individually or jointly) multiple accounts with different Qualified Custodian(s), ) and/or Product Sponsor(s), Third-Party Money Manager(s) and Platform Manager(s); that you may have different investment objectives, goals, strategies or risk tolerance for such accounts/investments; and that unless otherwise stated, the information contained in the accompanying Account Application only applies to the investments associated with this particular account and the applicable Qualified Custodian, Custodian and/or Product Sponsor, Third-Party Money Manager or Platform Manager. You are responsible for reading any and all information provided to you by MOIS, your Advisor Representative and to the extent applicable the Qualified Custodian(s), ) and Product Sponsors, Third-Party Money Manager and Platform Manager Sponsor(s) with regard to your investments (including but not limited to this Agreement, accompanying disclosure documents, prospectuses, confirmations, and statements) including information regarding risk, fees and expenses associated with such investment. You are responsible for reporting any discrepancies or unauthorized transactions to MOIS no later than ten (10) days from receipt of such information. You understand that your failure to do so will be deemed an acknowledgement that you have ratified and authorized any transaction or activity in your account. • Except if you are an immediate family member of your AdvisorRepresentative, you will not lend or borrow money or securities to or from your Advisor or any other person associated with MOIS Representative or otherwise enter into any other personal business relationship with your Advisor Representative (including any type of investment or business activity involving your Advisor Representative, an associate of your Representative or anyone any other person associated with your AdvisorMOIS). You will immediately notify in writing the Compliance Department of MOIS in the event that you borrow or lend money or securities from your Advisor Representative or any other person associated with MOIS. • Except for financial planning services as described below, you You will not write checks, prepare wire or ACH instructions, or authorize money orders or other methods of payment by making them payable to MOIS, your Advisor Representative, an associate of your Representative or any other person or entity associated with MOIS or your Advisor. Except for financial planning services by MOIS through your Advisor, all All checks or other forms of payment should be made payable to the Qualified Custodian, Third-Party Money Manager Custodian or a particular Product Sponsor. For financial planning services provided by MOIS through your AdvisorRepresentative in connection with a separate advisory agreement, you may write a check made payable to MOIS; however, under no circumstances may you make a check payable to your Advisor Representative or any entity owned or controlled by your AdvisorRepresentative. • You will not allow your AdvisorRepresentative, an associate of our Representative or any other person associated with MOIS, MOIS to serve as trustee, guardian, fiduciary, or co-owner of your account(s) unless that person is a member of your immediate family (i.e., spouse, parent, child or other person living in your household). To the extent that your Advisor Representative is an immediate family member and serving as a trustee, you acknowledge that this role is in your AdvisorRepresentative’s personal capacity and outside of the services of MOIS. MOIS reserves the right to further restrict or prohibit your Advisor Representative from engaging in trust activities for immediate family members. • You understand that investing in securities involves risk and that many variables exist that may have a substantial negative effect on the value of your investments. You agree that you will not rely upon any information, statement, forecast, guarantee, comparison, prediction or projection (whether made orally or in writing) that is not contained in, or is inconsistent with, any publically available information contained in a prospectus, disclosure document, confirmation, statement or other filing made by, or contained in information supplied by the Qualified Custodian, Third- Party Money Manager, Platform Manager Custodian or a Product Sponsor. • MOIS and your Advisor Representative can rely upon any written or oral instructions provided by you with regard to activities in your account(s) (i.e., unsolicited and solicited trade instructions, transfers, and check requests) and that you are responsible for paying any fee, charge charge, commission or other expenses incurred by MOIS as a result of those instructions. You agree to indemnify MOIS from, and hold MOIS harmless for any losses resulting from your actions or failure to act, including losses resulting from actions taken by third parties acting on your behalf. • If you have checked the box “no” under “Industry and Other Affiliations” in the accompanying Application, you represent and warrant that you are not (i) associated with any of the persons or entities identified in the box for “yes” under “Industry and Other Affiliation”; (ii) no person other than as disclosed in the Account Application has an interest in your account(s); and (iii) you will immediately notify MOIS in writing if there is any change in your response to these questions. • You agree to review and monitor all activities in your accounts, including activities reflected on transaction confirmations and monthly/quarterly statements received from the Qualified Custodian(s), ) or Product Sponsor(s), Third Party Money Manager(s) and/or Platform Manager(s), and that all transactions will be deemed accurate and in accordance with your instructions unless you notify MOIS in writing within ten (10) days following receipt thereof. You acknowledge and agree that your failure to notify MOIS of any problems with your account(s) will be viewed by MOIS as authorization or ratification of such activities for which you are responsible. You may contact MOIS regarding any activities in your account(s) as well as to submit a question or complaint in writing at: Mutual of Omaha Investor Services, Inc. ▇▇▇▇ ▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇ ▇▇▇▇▇ Or call us at: ▇▇▇-▇▇▇-▇▇▇▇ Or email us at: ▇▇▇▇.▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ The Financial Industry Regulatory Authority (FINRA) requires that MOIS provide the following information concerning FINRA’s public disclosure program. You may contact FINRA directly at FINRA BrokerCheck Hotline: ▇-▇▇▇-▇▇▇-▇▇▇▇ or at their website address: ▇▇▇.▇▇▇▇▇.▇▇▇. • You agree and authorize MOIS to monitor and/or record any telephone conversations with you or any person acting on your behalf. • You agree to resolve any disputes concerning your relationship with MOIS and any person associated with MOIS (including any Advisor Representative or any business entity they conduct business through), employees, officers, directors of MOIS or any company affiliated with MOIS in accordance with the Arbitration Agreement contained in this Agreement. • You understand that you are responsible for maintaining appropriate safeguards regarding your non-public personal information stored by you in electronic or physical format. You understand that the failure to do could result in an unauthorized person gaining access to your accounts or information maintained by you, Platform Manager, Third Party Money Manager, the Qualified CustodianCustodian or a Product Sponsor. • Although a Representative may also be licensed as an investment adviser representative of an investment adviser firm and hold industry designations such as the Certified Financial Planner (“CFP”), when the Representative is acting solely in his/her capacity as a registered representative to invest non-qualified assets, any recommendations will be made in accordance with FINRA suitability standards and not in the capacity as an investment advisory fiduciary, CFP or MOISother standard. • You agree and acknowledge that neither MOIS nor your Advisor its Representative can offer tax, legal or accounting advice regarding any investment product or strategy and that You are responsible for consulting with tax, legal or accounting professionals as necessary. • Communications may be sent to you at your current address which is on file with MOIS, or at such other address as you may hereafter give MOIS in writing. All communications so sent, whether by mail, telegraph, messenger, or otherwise, shall be deemed given to you personally, whether actually received or not. • You understand that your Representative is responsible for promptly transmitting any funds received from you in relation to account activity. After the MOIS Home Office receives the complete and correct new account application and transaction paperwork, MOIS may take up to seven days to review and transmit funds. MOIS will maintain a copy of funds received in the Home Office, including a record of when the funds were received from the customer and the date the funds were transmitted to the Product Sponsor. Once MOIS has approved or rejected the transaction, the funds will be promptly transmitted to the Qualified Custodian or Product Sponsor; or returned to the customer.
Appears in 1 contract
Sources: Customer Agreement
Your Representations. You represent and agree that: • You have read this Agreement and understand that MOIS, your Advisor Representative and to the extent applicable, the Qualified Custodian(s), Product Sponsor(s), Third-Party and/or Third‐Party Money Manager(s) and/or Platform Manager will rely upon the most current information provided by you in connection with providing Services for your Account. You recognize the value and usefulness of the services of MOIS will depend upon the accuracy and completeness of the information that you provide to MOIS, upon your active participation in the formulation of the objectives, and in the implementation of the advice to attain those objectives. You will provide MOIS all requested information and required documents that MOIS may reasonably request in order to permit a complete evaluation and preparation of the recommendations for you. You agree that you are obligated to notify MOIS of any changes to information previously supplied by you which is no longer accurate. MOIS will not be responsible for the verification of the information and documentation provided by you. You understand that you may maintain (individually or jointly) multiple accounts with different Qualified Custodian(s), Product Sponsor(s), Third-Party and/or Third‐Party Money Manager(s) and Platform Manager(s); that you may have different investment objectives, goals, goals or strategies or risk tolerance for such accounts/investmentsretirement plans; and that unless otherwise stated, the information contained in the accompanying Account Application only applies to the investments retirement plan associated with this particular account and the applicable Qualified Custodian, Product Sponsor, Third-Party and/or Third‐Party Money Manager or Platform Manager. You are responsible for reading any and all information provided to you by MOIS, your Advisor Representative and to the extent applicable the Qualified Custodian(s), Product Sponsors, Third-Party and Third‐Party Money Manager and Platform Manager with regard to your investments retirement plan (including but not limited to this Agreement, accompanying disclosure documents, prospectuses, confirmationsplan documents, and statements) including information regarding risk, fees and expenses associated with such investment. You are responsible for reporting any discrepancies or unauthorized transactions to MOIS no later than ten (10) days from receipt of such information. You understand that your failure to do so will be deemed an acknowledgement that you have ratified and authorized any transaction or activity in your accountprospectuses). • Except if you are an immediate family member of your Advisor, you You will not lend or borrow money or securities to or from your Advisor or any other person associated with MOIS or otherwise Representative. You will not enter into any other personal business relationship with your Advisor Representative (including any type of investment or business activity involving your Advisor Representative or anyone associated with your AdvisorRepresentative). You will immediately notify in writing the Compliance Department of MOIS in the event that you borrow or lend money or securities from your Advisor Representative or any other person associated with MOIS. • Except for financial planning services as described below, you will not write checks, prepare wire or ACH instructions, or authorize money orders or other methods of payment by making them payable to MOIS, your Advisor Representative or any person or entity associated with MOIS or your AdvisorRepresentative. Except for financial planning services by MOIS through your AdvisorRepresentative, all checks or other forms of payment should be made payable to the Qualified Custodian, Third-Party Money Manager Custodian or a particular Product Sponsor. For financial planning services provided by MOIS through your AdvisorRepresentative in connection with a separate advisory agreement, you may write a check made payable to MOIS; however, under no circumstances may you make a check payable to your Advisor Representative or any entity owned or controlled by your Advisor. • You will not allow your Advisor, or any person associated with MOIS, to serve as trustee, guardian, fiduciary, or co-owner of your account(s) unless that person is a member of your immediate family (i.e., spouse, parent, child or other person living in your household). To the extent that your Advisor is an immediate family member and serving as a trustee, you acknowledge that this role is in your Advisor’s personal capacity and outside of the services of MOIS. MOIS reserves the right to further restrict or prohibit your Advisor from engaging in trust activities for immediate family membersRepresentative. • You understand that investing in securities involves risk and that many variables exist that may have a substantial negative effect on the value of your investmentsthe Plan. You agree that you will not rely upon any information, statement, forecast, guarantee, comparison, prediction or projection (whether made orally or in writing) that is not contained in, or is inconsistent with, any publically publicly available information contained in a prospectus, disclosure document, confirmation, statement document or other filing made by, or contained in information supplied by the Qualified Custodian, Third- Party Money Manager, Platform Manager Custodian or a Product Sponsor. • MOIS and your Advisor Representative can rely upon any written or oral instructions provided by you with regard to activities in your account(s) (i.e., unsolicited and solicited trade instructions, transfers, and check requests) and that you are responsible for paying any fee, charge charge, commission or other expenses incurred by MOIS as a result of those instructions. You agree to indemnify MOIS from, and hold MOIS harmless for for, any losses resulting from your actions or failure to act, including losses resulting from actions taken by third parties acting on your behalf. • If you have checked the box “no” under “Industry and Other Affiliations” in the accompanying Application, you represent and warrant that you are not (i) associated with any of the persons or entities identified in the box for “yes” under “Industry and Other Affiliation”; (ii) no person other than as disclosed in the Account Application has an interest in your account(s); and (iii) you will immediately notify MOIS in writing if there is any change in your response to these questions. • You agree to review and monitor all activities in your accounts, including activities reflected on transaction confirmations and monthly/quarterly statements received from the Qualified Custodian(s), Product Sponsor(s), Third Party Money Manager(s) and/or Platform Manager(s), accounts and that all transactions activity will be deemed accurate and in accordance with your instructions unless you notify MOIS in writing within ten (10) days following receipt thereof. You acknowledge and agree that your failure to notify MOIS notification of any problems with your account(s) will be viewed by MOIS as authorization or ratification of such activities for which you are responsiblethe activity. You may contact MOIS regarding any activities in your account(s) as well as to submit a question or complaint in writing at: Mutual of Omaha Investor Services, Inc. ▇▇▇▇ ▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇ ▇▇▇▇▇ Omaha NE 68175 Or call us at: ▇▇▇-▇▇▇-▇▇▇▇ 800‐228‐2499 Or email us at: ▇▇▇▇.▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ The Financial Industry Regulatory Authority (FINRA) requires that MOIS provide the following information concerning FINRA’s public disclosure program. You may contact FINRA directly at FINRA BrokerCheck Hotline: ▇-▇▇▇-▇▇▇-▇▇▇▇ 1‐800‐289‐9999 or at their website address: ▇▇▇.▇▇▇▇▇.▇▇▇. • You agree and authorize MOIS to monitor and/or record any telephone conversations with you or any person acting on your behalf. • You agree to resolve any disputes concerning your relationship with MOIS and any person associated with MOIS (including any Advisor Representative or any business entity they conduct business through), employees, officers, directors of MOIS or any company affiliated with MOIS in accordance with the Arbitration Agreement contained in this Agreement. • You understand that you are responsible for maintaining appropriate safeguards regarding your non-public non‐public personal information stored by you in electronic or physical format. You understand that the failure to do could result in an unauthorized person gaining access to your accounts or information maintained by you, Platform Manager, Third Party Money Manager, the Qualified Custodian, Custodian or MOISa Product Sponsor. • You agree and acknowledge that neither MOIS nor your Advisor its Representative can offer tax, legal or accounting advice regarding any investment product or strategy and that You you are responsible for consulting with tax, legal or accounting professionals as necessaryasnecessary. • Communications may be sent to you at your current address which is on file with MOIS, or at such other address as you may hereafter give MOIS in writing. All communications so sent, whether by mail, telegraph, messenger, or otherwise, shall be deemed given to you personally, whether actually received or notornot. • You agree and acknowledge that you have received and reviewed the Retirement Plan Fee Disclosure relating to your plan in accordance with ERISA section 408(b)(2).
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Sources: Customer Agreement