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Schwab 529 Education Savings Plan
Account Application
• Use this Application to open a Schwab 529 Education Savings Plan Account. The Schwab 529 Plan is only available to U.S. citizens and U.S.
resident aliens.
• This Application should be accompanied by the Schwab 529 Guide and Participation Agreement (Guide), which should be read carefully
before investing. The Guide and additional forms can be downloaded at schwab.com/forms, or you can call us to order any form – or request
assistance in completing this form – at 1-888-903-3863.
Type in your information and print out the completed Application, or print clearly, preferably in capital letters and black ink. Mail the
Application to the address below. Do not staple.
We respect your privacy. As required by law, Schwab and/or American Century Investments
®
will use the information provided to verify your
identity as well as to open and service your Account. We will also use the information to communicate with you about your Schwab 529 Plan
Account, and, if you are a Schwab client, you may receive communications about other products and services available through Schwab.
Read about Schwab’s privacy policy at schwab.com/privacy and American Century Investments’ privacy policy at americancentury.com.
If you are not a Kansas taxpayer, consider before investing whether your or the Designated Beneficiary’s home state offers a
529 plan that provides its taxpayers with state tax benefits and other benefits not available through this plan.
1. Account type
Select one of the Account types below.
Individual Account. An Account established by one adult who owns and controls assets intended to be used for the Qualified
Education Expenses of a Designated Beneficiary.
Joint Tenant Account. An Account established by more than one adult who owns and controls assets intended to be used for
the Qualied Education Expenses of a Designated Beneciary. Joint Accounts will be established as joint tenants with rights
of survivorship. The rst Account Owners name and Social Security number will be used for IRS reporting purposes.
Trust Account. An Account established by a Trust. (Please see Section 2c for instructions on documentation.)
UGMA/UTMA Account. An Account funded with assets held in a UGMA/UTMA custodial account for the benet of
the Designated Beneciary indicated in Section 3 of this Account Application. The custodian will be treated as the owner
of the Account and has the duty to transact on behalf of the minor until the custodianship terminates under the terms of the Act
under which it was established. The Designated Beneciary, who is the minor, cannot be changed.
Indicate the state (please abbreviate) in which the UGMA/UTMA custodial account was opened.
Minor-Owned Account. An Account established for the benet of a minor, who is both the Account Owner and Designated
Beneciary and cannot be changed. An adult Responsible Individual establishes and controls the Account on behalf of the minor until
the minor reaches the age of majority in his or her state of residence, at which time the Responsible Individual will be automatically
removed from the account and the minor will assume control of the assets. This type of Account is typically established using
proceeds from a Coverdell Education Savings Account (ESA) previously set up for the minor. (To establish a minor as the Account
Owner, enter the minor’s information in Section 2a and then enter a Responsible Individual’s information in Section 4.)
©2019 Charles Schwab & Co., Inc. All rights reserved. Member SIPC. (0319-9SG3) APP-25665-14 (02/19)
Return the completed Application
and any other required documents to:
Schwab 529 Plan
P.O. Box 2906
Shawnee Mission, KS 66201-2906
Or fax to: 1-617-559-8913
For overnight delivery or registered mail, send to:
Schwab 529 Plan
920 Main St, Suite 900
Kansas City, MO 64105
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2. Account Owner information (The Account Owner is the person, persons, or Trust who owns the Account.)
If establishing a Joint Tenant Account, complete Section 2a and Section 2b. If the Account Owner is a Trust, only complete Section 2c.
If establishing a UGMA/UTMA Account, the custodian will complete Section 2a. Statements will be sent to the Primary Account Owner’s
address unless the Account Owner is a minor. Statements will then be sent to the Responsible Individual’s or Custodian’s address.
A. Primary Account Owner or Custodian.
Primary Account Owner/Custodian Legal Name (rst, middle initial, last)
Social Security Number Birth Date (mm/dd/yyyy)
Citizenship: U.S. Citizen U.S. Resident Alien
Citizenship (If other than U.S. citizen, please indicate country of citizenship.)
Daytime Telephone Number Cellular Telephone Number
Email Address
Home/Legal Address (No P.O. or private mailboxes permitted.)
City State Zip Code
Mailing Address if different from above (P.O. boxes may be used.)
City State Zip Code
Employer information.
Check one. Employed Self-employed Retired Student Homemaker Not employed
Employer Occupation/Position
Business Street Address
City State Zip Code
Provide the following information required by securities industry regulations.
Note: If your Account is managed by an Independent Investment Advisor and enrolled in Schwab Institutional
®
, do not complete this section.
Investment Experience:
None Limited Good Extensive
Annual Income:
Under $15,000 $15,000 – $24,999 $25,000 – $49,999 $50,000 – $99,999 $100,000 or more
Liquid Net Worth:
Under $25,000 $25,000 – $49,999 $50,000 – $99,999 $100,000 – $249,999
$250,000 or more, specify:
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4. Account Owner information (Continued)
B. Joint Account Owner information. (We will use the Primary Account Owner name and Social Security number listed in Section 2a
for IRS reporting purposes.)
Joint Account Owner Legal Name (rst, middle initial, last)
Social Security Number Birth Date (mm/dd/yyyy)
Citizenship: U.S. Citizen U.S. Resident Alien
Citizenship (If other than U.S. citizen, please indicate country of citizenship.)
Daytime Telephone Number Cellular Telephone Number
Check if the Joint Account Owners address is the same as the Primary Account Owner’s address, otherwise complete the following:
Home/Legal Address (No P.O. or private mailboxes permitted.)
City State Zip Code
Employer information.
Check one. Employed Self-employed Retired Student Homemaker Not employed
Employer Occupation/Position
Business Street Address
City State Zip Code
Provide the following information required by securities industry regulations.
Note: If your Account is managed by an Independent Investment Advisor and enrolled in Schwab Institutional
®
, do not complete this section.
Investment Experience:
None Limited Good Extensive
Annual Income:
Under $15,000 $15,000 – $24,999 $25,000 – $49,999 $50,000 – $99,999 $100,000 or more
Liquid Net Worth:
Under $25,000 $25,000 – $49,999 $50,000 – $99,999 $100,000 – $249,999
$250,000 or more, specify:
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4. Account Owner information (Continued)
C. Trust Account Owner
Trust Name
Taxpayer Identication Number Trust Date (mm/dd/yyyy)
Telephone Number (In case we have a question about your Account.)
Permanent Street Address (This address will be used as the Account’s address of record for all Account mailings.)
City State Zip Code
Trust Annual Income:
Under $15,000 $15,000 – $24,999 $25,000 – $49,999 $50,000 – $99,999 $100,000 or more
Trust Liquid Net Worth:
Under $25,000 $25,000 – $49,999 $50,000 – $99,999 $100,000 – $249,999
$250,000 or more, specify:
List Trustees. List the names of the Trustees authorized by governing documents to direct transactions with respect to this Account.
You must attach a copy of the appropriate documentation that supports the identity of the Trustees. We may also request
additional information from you.*
Trust: Attach copies of pages within the Trust document that include 1) Title of Trust, 2) Date of Trust agreement, 3) Full names of
Trustees, and 4) All Trustee signatures. Do not send any portions of the Trust document beyond those stated here. All other portions
submitted will not be acknowledged, reviewed, or monitored for compliance.
Trustee Name (rst, middle initial, last)
Social Security Number Birth Date (mm/dd/yyyy)
Employer information.
Check one. Employed Self-employed Retired Student Homemaker Not employed
Employer Occupation/Position
Business Street Address
City State Zip Co de
Investment Experience:
None Limited Good Extensive
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Account Owner information (Continued)
Trustee Name (rst, middle initial, last)
Social Security Number Birth Date (mm/dd/yyyy)
Employer information.
Check one. Employed Self-employed Retired Student Homemaker Not employed
Employer Occupation/Position
Business Street Address
City State Z ip Co de
Investment Experience:
None Limited Good Extensive
3. Designated Beneciary information (The person whose qualied education expenses will be paid from the Account.)
Designated Beneciary Legal Name (rst, middle initial, last)
Social Security Number Birth Date (mm/dd/yyyy)
Citizenship: U.S. Citizen U.S. Resident Alien
Citizenship (If other than U.S. citizen, please indicate country of citizenship.)
Daytime Telephone Number Cellular Telephone Number
Check if the Designated Beneciarys address is the same as the Account Owners address, otherwise complete the following:
Home/Legal Address (No P.O. or private mailboxes permitted.)
City State Zip Code
Relationship to Account Owner: Spouse Child Grandchild Relative Other
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4. Responsible Individual information (Only complete this section if the Account Owner in Section 2a is a minor.)
A Responsible Individual is required when the Account Owner is a minor. The Responsible Individual is the person who can transact
on the Account until the minor reaches the age of majority in his or her state of residence. The Responsible Individual’s address will
be used as the Account’s address of record for all Account mailings.
Responsible Individual Legal Name (rst, middle initial, last)
Social Security Number Birth Date (mm/dd/yyyy)
Citizenship: U.S. Citizen U.S. Resident Alien
Citizenship (If other than U.S. citizen, please indicate country of citizenship.)
Daytime Telephone Number Cellular Telephone Number
Home/Legal Address (No P.O. or private mailboxes permitted.)
City State Zip Code
Mailing Address (P.O. boxes may be used.)
City State Zip Code
Relationship to Account Owner: Parent Relative Other
Employer information.
Check one. Employed Self-employed Retired Student Homemaker Not employed
Employer Occupation/Position
Business Street Address
City State Zip Co de
Investment Experience: None Limited Good Extensive
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5. Successor Account Owner/Responsible Individual information (Optional, but recommended.)
Disregard this section if the Account Owner is a Trust.
Complete this section to name a Successor Account Owner in the event of the death of all the Account Owners or Successor
Responsible Individual in the event of the death of the Responsible Individual. The Successor Account Owner must be over the age of 18.
If you choose to complete Section 5, you are required to provide full name, Social Security number, and date of birth.
You may revoke or change the Successor Account Owner/Responsible Individual at any time. See the Guide for more information.
Successor Account Owner/Responsible Individual Legal Name (rst, middle initial, last)
Social Security Number Birth Date (mm/dd/yyyy)
Citizenship: U.S. Citizen U.S. Resident Alien
Citizenship (If other than U.S. citizen, please indicate country of citizenship.)
Daytime Telephone Number Cellular Telephone Number
Home/Legal Address (No P.O. or private mailboxes permitted.)
City State Zip Code
Relationship to Account Owner: Parent Relative Other
Employer information.
Check one. Employed Self-employed Retired Student Homemaker Not employed
Employer Occupation/Position
Business Street Address
City State Zip Code
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6. Financial Professional authorization (Optional)
Section 6a should be completed by the Financial Professional.
Complete Section 6b to provide the Financial Professional listed in Section 6a with limited authority to act on your Account(s).
You may only designate one level of authorization.
A. Financial Professional information.
Firm Name
Financial Professional Name (rst, middle initial, last)
Master Account Number Telephone Number
Firm Address
City State Zip Code
7. B. Authorization level.
I (We), the Account Owner(s), listed in Section 2, appoint the Financial Professional above. (Please initial the appropriate level of
access that applies to the Account.)
Level 1 – Account Inquiry Access. Authorized to obtain information about my Account and receive duplicate
Account statements.
Level 2 – Account Inquiry Access, Contributions, and Exchanges. Authorized to obtain information about my Account;
receive duplicate Account statements; add or update my bank information; make a contribution and change Investment Options
within my Account.*
Level 3 – Account Inquiry Access, Contributions, Exchanges, and Withdrawals. Authorized to obtain information
about my Account; receive duplicate Account statements; add or update my bank information; make a contribution; change
Investment Options and withdraw money from my account.*
* By selecting an authorization level, you hereby authorize the Financial Professional or a representative of the above named rm
to act on your behalf when transacting business. The Financial Professional or Investment Advisor Firm listed above shall have no
authority to take any other action, including, but not limited to:
Changing the address of record on my account(s),
Establishing or re-establishing services such as telephone or online capabilities on my account(s),
Changing the Designated Beneciary,
Adding or changing the Successor Account Owner/Responsible Individual,
Signing or e-signing an Account Application or otherwise opening a new registration on my behalf, or
Transferring assets to a new registration.
I acknowledge and accept my authority to access and perform transactions on the Schwab 529 Account on behalf of the Account
Owner(s) listed in Section 2 of this Account Application in accordance with the authorization level selected above.
SIGNATURE
Signature of Financial Professional Date (mm/dd/yyyy)
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7. Overall investment objective
Capital Preservation Income Growth Speculation
8. Select your Schwab 529 Education Savings Plan portfolio
Before choosing your investment option, see the Guide.
• Your initial and subsequent contributions will be invested in the portfolio(s) you select.
• Within both the Age-Based Tracks and the Static Portfolios, you have the option of selecting actively managed and/or index funds
that best suits your investing style and goals.
Note: Age-Based Tracks were designed for post-secondary education savings. If you plan to use your account for K-12 or near term
expenses, you may want to consider a Static Portfolio with a conservative, short-term time horizon.
This information is not, and should not be regarded as “investment advice” or as a “recommendation” regarding a course of
action. You should consult a professional advisor before making any tax, legal, financial planning or investment decisions.
Age-Based Tracks:
Your contribution will be invested in the appropriate portfolio based on the age of the Designated Beneciary and the track selected
below. As your Designated Beneciary gets older, your assets will move to a progressively more conservative portfolio.
Aggressive
%
Moderately Aggressive
%
Moderate
%
Moderately Conservative
%
Aggressive (Index)
%
Moderately Aggressive (Index)
%
Moderate (Index)
%
Moderately Conservative (Index)
%
Aggressive
%
Moderately Aggressive
%
Moderate
%
Moderately Conservative
%
Conservative
%
Short-Term
%
Aggressive (Index)
%
Moderately Aggressive (Index)
%
Moderate (Index)
%
Moderately Conservative (Index)
%
Conservative (Index)
%
Short-Term (Index)
%
Money Market
%
%
001
Actively Managed
Index
Actively Managed
Index
Static Portfolios
The assets will remain in the portfolio(s) you select below until you choose a new Investment Option.
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9. Fund your Schwab 529 Education Savings Plan Account
Source of funds (Check all that apply.)
A. Personal check.
Important: All checks must be payable to Schwab 529 Plan.
$
, .
Amount
B. Bank Information. This is required to establish bank services for an EFT and/or recurring contributions (see below). If you select
either of these options and a preprinted voided check is not provided, the information on the investment check will be used, if
applicable. At least one of the Account Owners must be listed on the bank account registration to establish bank instructions
for investments and withdrawals. If you’d like to establish bank instructions from a bank account owned by someone other than
yourself, you and the Bank Account Owner(s) must complete an Account Features Form.
Enclose a voided preprinted check.
Important: By completing this Application, you agree and conrm that your ACH transactions will not involve the branches or
ofces of a bank or other nancial services company located outside the territorial jurisdiction of the United States.
Bank Name
B1. Electronic Fund Transfer (EFT). Through EFT, you can make a contribution whenever you want by transferring money
from your bank account. We will keep your bank instructions on le for future EFT contributions. To set this up, you must
provide a voided check as instructed. If you do not provide a voided check, the information on the investment check will be
used, if applicable. The Plan may place a limit on the total dollar amount per day you may contribute to an account by EFT.
(The amount below will be a one-time EFT contribution to open your Account.)
$
, .
Amount
B2. Recurring Contributions. You can have a set amount automatically transferred from your bank account on the frequency
you specify. Money will be transferred electronically at regular intervals from your nancial institution to your Schwab
529 Plan Account. You may change the investment amount and frequency at any time by logging onto your Account at
schwab.com.
Amount of Debit:
$
, .
Frequency (Check One.): Monthly Quarterly Semi-Annually Annually
Start Date:*
Date (mm/dd/yyyy)
* Your instructions must be received at least 3 business days prior to the indicated start date; otherwise, debits from your
bank account will begin the following month on the day specied. If a date is not specied, the investment will be made
on the 15th of the month. If the date you select falls on a weekend or a holiday, the investment will be made the next
business day. The frequency is based on start date, not calendar date.
Note: A plan of regular investment cannot assure a prot or protect against a loss in a declining market.
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Annual Increase. You may increase your recurring contribution automatically on an annual basis. Your contribution
will be adjusted each year in the month that you specify by the amount indicated.
Amount of Increase:
$
, .
Month:**
** The month in which your recurring contribution will be increased. The rst increase will occur at the rst instance of
the month selected. Annual increases are subject to the general contribution limits of the Schwab 529 Plan and will
also count toward annual federal gift tax exclusion limits.
C. Schwab One or Schwab brokerage account. Move money out of your Schwab One or Schwab brokerage account to fund
your Schwab 529 Plan Account. Provide your Schwab One or Schwab brokerage account number below.
$
, .
Amount Schwab Account Number
D. Rollover from another 529 plan, or an ESA to the Schwab 529 Plan. By law, rollovers between 529 plans with the same
Designated Beneciary are permitted only once every 12 months. If you are including a check with this Application, you will need
to provide a statement from the prior provider that reects the amount of earnings and contributions represented by the rollover;
otherwise, the entire amount will be considered earnings. See the Guide for more information. If you are not including a check with
this Application, complete and include with this Application a Schwab 529 Plan Incoming Rollover Form, available online at
schwab.com/forms or by calling 1-888-903-3863.
Note: If rolling over from an ESA, the Beneficiary must be named as the Account Owner (in Section 2) and the Designated
Beneficiary (in Section 3) on this Application. A Responsible Individual must be named for the Account (in Section 4) if the
Designated Beneficiary is a minor. The Designated Beneficiary/Account Owner may not be changed on the Account. When the
minor reaches the age of majority, the minor will have full control of the Account.
To move money out of your Schwab Education Savings Account (ESA/Coverdell) to fund your Schwab 529 Plan Account, provide your
ESA account number below.
$
, .
Amount Schwab Account Number
E. Payroll Deduction. If you want to make contributions to your Schwab 529 Plan Account directly as a Payroll Deduction,
you must contact your employer’s payroll ofce to verify that you can participate. Payroll Deduction contributions will not be made
to your Schwab 529 Plan Account until you have received a Payroll Deduction Confirmation Form from the Schwab 529 Plan,
provided your signature and Social Security number on the Form, and submitted the Form to your employers payroll ofce.
The amount you indicate below will be in addition to Payroll Deductions that you may have previously established for other Schwab
529 Plan Accounts.
Amount of Payroll Deduction each pay period:
$
, .
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10. Authorization to open Account (Account Owners named in Section 2 or the Responsible Individual named in Section 4 must sign
the Application.)
By signing this Application, I (We) acknowledge that I (we) have received and read a copy of the Guide and the attached Application
Agreement, which contains a predispute arbitration provision. I (We) acknowledge that my (our) signature(s) signies and constitutes my
(our) agreement that this Account and my (our) relationship with Schwab and American Century will be governed by the Guide and the
Application Agreement each as amended from time to time.
By signing below, you acknowledge that by investing in a 529 plan outside the state in which you pay taxes, you may lose
any tax benets offered by your own state’s plan.
Under penalties of perjury, I certify that:
(1) The number shown on this form is my correct taxpayer identication number (or I am waiting for a number to
be issued to me), and
(2) I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not
been notied by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a
failure to report all interest or dividends, or (c) the IRS has notied me that I am no longer subject to backup
withholding, and
(3) I am a U.S. person (including a U.S. resident alien).
Certication instructions. You must cross out item 2 above if you have been notied by the IRS that you are currently
subject to backup withholding because you have failed to report all interest and dividends on your tax return.
The IRS does not require your consent to any provision of this document other than the certications required to
avoid backup withholding.
NOTE THAT SECTION 3 ON PAGE 14 OF THE ATTACHED APPLICATION AGREEMENT CONTAINS A PREDISPUTE
ARBITRATION AGREEMENT.
SIGNATURE
Signature of Primary Account Owner/Responsible Individual/Custodian Date (mm/dd/yyyy)
SIGNATURE
Signature of Joint Account Owner (if applicable) Date (mm/dd/yyyy)
SIGNATURE
Signature/Title for Trustee (if applicable) Date (mm/dd/yyyy)
SIGNATURE
Signature/Title for Trustee (if applicable) Date (mm/dd/yyyy)
Schwab Financial Consultant Information. This portion is to be completed by a Schwab Financial Consultant.
Financial Consultant Name (rst, middle initial, last)
FC Beta ID Branch Name Branch Code
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11. Schwab 529 Education Savings Plan Account Application Agreement
Section 1: Scope of Agreement.
Please sign exactly as your name appears in the Account
Owner Information section. If the Account Owner is a minor, the
Responsible Individual must sign in Section 10.
I authorize American Century Services, LLC (American Century
Investments
®
) and its agent to open a Schwab 529 Education
Savings Plan account in the name of the Account Owner.
I understand that if I open a Schwab 529 Plan Account, it will be
an account with American Century Investments and not Schwab.
I, or my Investment Advisor if I have one: (i) am responsible for
determining the nature, potential value and suitability for me of
any particular track, investment strategy, transaction or security;
(ii) have an afrmative duty to monitor prots and losses in my
account; and (iii) will rely on multiple sources of information
in making investment decisions for my account, and any
information Schwab will provide will not serve as the sole basis
for any investment decision I make or have made on my behalf.
Schwab will not act as an investment advisor to me and, unless
Schwab agrees otherwise in writing, will act only as a broker-
dealer to me with respect to my account(s) custodied at Schwab.
I acknowledge that I have received and read the Schwab 529
Plan Guide and Participation Agreement and this Application,
and agree to be bound by their terms and all amendments. I
am of legal age.
I authorize American Century, it’s agents and Schwab to act upon
my instructions for the services I have selected on this form.
I (We) certify that any ACH transactions will not involve the
branches or ofces of a bank or other nancial services company
located outside the territorial jurisdiction of the United States.
In consideration of American Century and Schwab providing
the online services and those established on this form, the
undersigned agrees to defend, hold harmless and indemnify
American Century and its ofcers, agents, employees, afliates
and successors; the Kansas State Treasurer; the State of
Kansas; and Schwab from all losses, claims, expenses and
liabilities that any of them may suffer arising from, or as a result
of, American Century’s and Schwab’s acceptance of transaction
instructions through these services.
I acknowledge and agree that American Century, it’s agents
and Schwab may share the personal information about the
Designated Beneciary and me that I provide in this Application
and other account related documents. American Century and
Schwab will share this information to open my account, to
process my transactions and to provide service for my account.
I acknowledge that my designated Financial Professional named
in Section 6 has been empowered to act on my behalf, with
respect to my Schwab 529 Plan accounts, under a separate
agreement with the listed broker/dealer rm, consistent with
the authority level I have indicated in Section 6b of this
Application. This authority does not include address changes,
transferring ownership of units, changing the Designated
Beneciary, Successor Account Owner or Successor Responsible
Individual or establishing convenience services.
• I understand that accounts established under the Schwab 529 Plan
are domiciled at American Century and not Schwab. The earnings
from those accounts are neither insured nor guaranteed by the
State of Kansas, the Kansas State Treasurer, American Century
Investments or Charles Schwab & Co., Inc.
I acknowledge that Schwab and American Century and it’s
agents shall not be responsible in any way for determining the
appropriateness of contributions; the amount, character, timing,
purpose or propriety of any distribution or withdrawal; or any other
action or non-action taken at the Account Owner’s request. The
Account Owner and Designated Beneciary shall at all times fully
indemnify and hold harmless Schwab, its successors and assigns
from and against any and all liability, loss, damage or expense,
including attorneys’ fees, which may arise in connection with the
Schwab 529 Plan, except liability arising from the negligence or
willful misconduct of Schwab.
I understand that the Program will not accept any contribution
in excess of the Maximum Account Balance of all Kansas 529
Plan accounts.
The following section applies solely to you and Schwab and/or any
controversy or claim between you and Schwab.
Section 2: Required Arbitration Disclosures.
Regulatory authorities require that any brokerage agreement
containing a predispute arbitration agreement must disclose
that this agreement contains a predispute arbitration clause.
This Agreement contains a predispute arbitration clause. By
signing an arbitration agreement, the parties agree as follows:
All parties to this Agreement are giving up the right to sue
each other in court, including the right to a trial by jury,
except as provided by the rules of the arbitration forum in
which a claim is led.
Arbitration awards are generally nal and binding; a party’s
ability to have a court reverse or modify an arbitration award
is very limited.
The ability of the parties to obtain documents, witness
statements and other discovery is generally more limited in
arbitration than in court proceedings.
The arbitrators do not have to explain the reason(s) for
their award unless, in an eligible case, a joint request for
an explained decision has been submitted by all parties
to the panel at least 20 days prior to the rst scheduled
hearingdate.
The panel of arbitrators will typically include a minority
of arbitrators who were or are afliated with the
securitiesindustry.
The rules of some arbitration forums may impose time limits
for bringing a claim in arbitration. In some cases, a claim
that is ineligible for arbitration may be brought in court.
113764A_ES_KSS 0219 — Page 14 of 16
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The rules of the arbitration forum in which the claim is led,
and any amendments thereto, shall be incorporated into
thisAgreement.
No person shall bring a putative or certied class action to
arbitration, nor seek to enforce any predispute arbitration
agreement against any person who has initiated in court a
putative class action; or who is a member of a putative class
who has not opted out of the class with respect to any claims
encompassed by the putative class action until:
1. the class certication is denied;
2. the class is decertied; or
3. the customer is excluded from the class by the court.
Such forbearance to enforce an agreement to arbitrate shall not
constitute a waiver of any rights under this Agreement except to
the extent stated herein.
Section 3: Arbitration Agreement.
Any controversy or claim arising out of or relating to (i) this
Agreement, any other agreement with Schwab, an instruction
or authorization provided to Schwab or the breach of any such
agreements, instructions, or authorizations; (ii) the Account,
any other Schwab account or Services; (iii) transactions in the
Account or any other Schwab account; (iv) or in any way arising
from the relationship with Schwab, its parent, subsidiaries,
afliates, ofcers, directors, employees, agents or service
providers (“Related Third Parties”), including any controversy
over the arbitrability of a dispute, will be settled by arbitration.
This arbitration agreement will be binding upon and inure to the
benet of the parties hereto and their respective representatives,
attorneys-in-fact, heirs, successors, assigns and any other
persons having or claiming to have a legal or benecial interest
in the Account, including court-appointed trustees and receivers.
This arbitration agreement will also inure to the benet of third-
party service providers that assist Schwab in providing Services
(“Third-Party Service Providers”) and such Third-Party Service
Providers are deemed to be third-party beneciaries of this
arbitration agreement.
The parties agree that this arbitration agreement will apply even
if the Application to open the Account is denied and will survive
the closure of your Account and/or the termination of services
rendered under this Agreement.
Such arbitration will be conducted by, and according to the
securities arbitration rules and regulations then in effect of, the
Financial Industry Regulatory Authority (FINRA) or any national
securities exchange that provides a forum for the arbitration of
disputes, provided that Schwab is a member of such national
securities exchange at the time the arbitration is initiated. Any
party may initiate arbitration by ling a written claim with FINRA
or such eligible national securities exchange. If arbitration
before FINRA or an eligible national securities exchange is
unavailable or impossible for any reason, then such arbitration
will be conducted by, and according to the rules and regulations
then in effect of, the American Arbitration Association (AAA).
If arbitration before the AAA is unavailable or impossible for
any reason, the parties agree to have a court of competent
jurisdiction appoint three (3) arbitrators to resolve any and all
disputes or controversies between or among the parties. Each
party shall bear its own initial arbitration costs, which are
determined by the rules and regulations of the arbitration forum.
In the event of nancial hardship, the arbitration forum may waive
certain costs in accordance with such rules. At the conclusion of
the hearing, the arbitrators will decide how to assess the costs of
the arbitration among the parties.
Any award the arbitrator makes shall be nal and binding, and
judgment on it may be entered in any court having jurisdiction.
This arbitration agreement shall be enforced and interpreted
exclusively in accordance with applicable federal laws of the
United States, including the Federal Arbitration Act. Any costs,
fees or taxes involved in enforcing the award shall be fully
assessed against and paid by the party resisting enforcement of
said award.
For FINRA arbitrations, FINRA will appoint a single public
arbitrator in customer cases decided by one arbitrator. In
customer cases decided by three arbitrators, investors have
the option of choosing an arbitration panel with two public
arbitrators and one non-public arbitrator (Majority-Public Panel
Rule) or a panel of all public arbitrators (Optional All-Public
Panel Rule). If the customer declines to elect a panel selection
method in writing by the applicable deadline, the Majority-Public
Panel Rule for selecting arbitrators will apply.
All notices from one party to the other involving arbitration shall
be considered to have been fully given when so served, mailed
by rst-class, certied or registered mail, or otherwise given by
other commercially accepted medium of written notication.
In addition to the above provisions, if a party to this Agreement
is or becomes a non-U.S. resident at the time of any controversy
subject to this arbitration agreement, such party acknowledges
and agrees to the following additional provisions:
(1) The rules of the organization administering the arbitration
specically provide for the formal designation of the place at
which the arbitration is to be held.
(2) Entering into this Agreement constitutes consent to submit to
the personal jurisdiction of the courts of the state of California,
U.S.A., to interpret or enforce any or all of these arbitration
provisions. Judgment on any arbitration award may be entered
in any court having jurisdiction, or Application may be made to
such court for judicial acceptance of the award and an order of
enforcement, as the case may be.
Schwab 529 Education Savings Plan Account Application Agreement (Continued)
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Schwab 529 Education Savings Plan Account Application Agreement (Continued)
(3) The exclusive language to be used by the parties and the
arbitrators in the arbitration proceedings shall be English. Any
party wishing an interpreter shall make all arrangements directly
with the interpreter and shall assume all costs of the service.
(4) If a party is a foreign government or state, state-owned or
state-operated enterprise or other instrumentality of a foreign
government or state, such party waives all rights of sovereign
immunity and neither the Federal Act of State doctrine nor
the doctrine of sovereign immunity shall apply insofar as any
enforcement in courts located in the U.S.A. is concerned.
Waiver of Class Action or Representative Action.
Neither you nor Schwab shall be entitled to arbitrate any claims
as a class action or representative action.
You and Schwab agree that any actions between us and/or
Related Third Parties shall be brought solely in our individual
capacities. You and Schwab hereby waive any right to bring a
class action, or any type of representative action against each
other or any Related Third Parties in court. You and Schwab
waive any right to participate as a class member, or in any other
capacity, in any class action or representative action brought by
any other person, entity or agency against Schwab or you.
Section 4: Business Continuity Program.
Schwab has a comprehensive business continuity program in
place to address the possibility of service disruptions, which
is reviewed, updated and tested on a regular basis. Schwab’s
business continuity plan is available at www.schwab.com.
Section 5: Information About SIPC.
To obtain information about Securities Investor Protection
Corporation (SIPC), including an explanatory SIPC brochure,
please contact SIPC at www.sipc.org or 1.202.371.8300.
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