©2020 Charles Schwab & Co., Inc. All rights reserved. Member SIPC. CC4085648 (0520-0X1D) APP13552-19 (05/20)
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Internal Revenue Service concerning retirement
plan documents.
• Schwab has no duty to determine or review
allocations of contributions among Partici-
pants, or to perform any recordkeeping
functions for the Trust or retirement plan.
• Schwab has no duty to review Trust or
retirement plan investments for compliance
with ERISA (the Employee Retirement Income
Security Act of 1974, as amended) (including
determining whether any investments
constitute prohibited transactions under
ERISA) or to determine whether Trust or
retirement plan investments will result in
exposure to the tax on unrelated business
taxable income, or to review the Trust or
retirement plan documents to determine
whether any investment instructions are in
accordance with the terms of the Trust or
retirement plan.
• Schwab has no duty to assist in complying
with any obligations that may be imposed
under ERISA, including, without limitation, the
reporting, partici pant disclosure or bonding
requirements of ERISA.
• Schwab has no duty to determine the
valuation of any assets in the Account that are
not traded on a recognized exchange.
• Schwab has no duty to assist in complying
with any legal obligations that may apply to
distributions from the Trust or retirement plan,
to determine whether any distributions are
required under the required minimum
distribution rules of the Internal Revenue
Code, to determine whether any distributions
that Schwab may be instructed to make are
properly authorized under the terms of the
retirement plan, or to review any beneciary
designations that may be made by Participants.
• Schwab has no duty for the preparation,
distribution and/or ling of any federal tax
forms, reports, or tax withholding elections
related to any payments from your retirement
plan, including but not limited to IRS Form
1099-R. Schwab is not responsible for the
remittance of any taxes related to withholding
on distributions from your retirement plan.
Responsibility for Investment Decisions. You
agree that you and any agent under a power of
attorney or Investment Advisor (if you have one)
are solely responsible for investment decisions
in your Account, including whether to buy or sell
a particular security. Unless required by law, or
unless Schwab provides advice to you that is
clearly identied as an individualized recommen-
dation for you, you understand that Schwab has
no obligation to determine whether a particular
transaction, strategy or purchase or sale of a
security is in your best interest. Your obligation
includes an afrmative duty to monitor and stay
informed about your Account and your invest-
ments and respond to changes as you deem
appropriate.
Unless we otherwise agree with you in writing,
Schwab does not monitor your account(s) or
investments and has no obligation to update an
investment recommendation, nancial advice, or
nancial plan we may give you. Such recommen-
dation, nancial advice, or nancial plan only
applies at the point in time we provide it to you.
You acknowledge that Schwab does not provide
tax or legal advice.
Limited Power of Attorney for Participant
Directed Accounts. If you have authorized
Participants to direct investments for their
accounts, you hereby request that Schwab open
brokerage accounts on behalf of the Trust with
respect to all Participants who return an
Application to Schwab in the form attached
hereto, and you hereby grant to each such
Participant limited power of attorney with
respect to such account. The authority
conferred on each Participant by this authoriza-
tion to the Participant will be exercised in
accordance with the terms and conditions set
forth in the Participant’s Application.
You are responsible as the named duciary of
the Plan(s) for reviewing and approving the
terms of this Agreement and all documents
pertaining to the Schwab Company Retirement
Account, including the terms and conditions of
the Schwab One® Account Agreement associ-
ated with each Participant brokerage account.
Unless you (or other authorized Plan duciary)
otherwise direct Schwab in writing, you hereby
direct Schwab to make available to Participants
and their accounts the ability to enter into
certain transactions, including (i) the purchase,
holding and sale of all securities generally
available or permissible by Schwab to such
account types; (ii) the receipt of communica-
tions and information about, and enrollment in,
Investment Advisory Products (referred to as
Schwab “offerings” in the Schwab One Account
Agreement) offered by Schwab and its afliates,
including the Schwab Managed Portfolios™,
Windhaven® Strategies, and any future products
(collectively, the “Investment Advisory Prod-
ucts”); (iii) hiring of investment managers; and
(iv) payment of Investment Advisory Products
fees using Participant or Plan assets as
applicable. You understand and have given
consideration to the IRS non-discrimination
rules under Section 401(a)(4) of the Internal
Revenue Code (“Code”) regarding the offer of
benets, rights or features under a qualied
plan and agree that you are solely responsible
for monitoring and maintaining compliance with
Section 401(a)(4) of the Code.
You hereby provide your authority for the
foregoing direction. In the future, Schwab may
modify its offering to include additional
Investment Advisory Products, in which case
Schwab will provide notice and the opportunity to
decline offering Investment Advisory Products.
Further, you may decline to offer Investment
Advisory Products at any time and agree to
notify Schwab in writing to withdraw your
approval of any of the specied transactions
mentioned herein.
Account Handling. Schwab will automatically
hold all of your securities purchased, sales
proceeds, dividends, and interest. Schwab will
also release your name, address, and securities
positions to companies in which we hold
securities for your Account upon request, unless
you notify us otherwise in writing.
Payment of Indebtedness. You agree to make
payment of any indebtedness related to your
Account, including, but not limited to, any such
indebtedness that results from instructions
provided to Schwab by you, your agent or any
attorney-in-fact under a power of attorney or
Investment Advisor authorized to make
transactions in your Account. We may elect
anytime, with or without notice, to make any
debit balance or other obligation related to your
Account immediately due and payable. We may
report any past-due account to a consumer and/
or securities credit reporting agency. We may
also refer your Account to a collection agency.
Liquidations. Whenever it is necessary for our
protection or to satisfy a debit or other
obligation owed us, we may (but are not required
to) sell, assign, and deliver all or any part of the
property securing your obligations, or close any
or all transactions in your Account or restrict
activity in your Account. We may choose which
property to buy or sell, which transactions to
close and the sequence and timing of liquida-
tion. We may take such actions on whatever
exchange or market and in whatever manner
(including public auction or private sale) that we
choose in the exercise of our business
judgment. You agree not to hold us liable for the
choice of which property to buy or sell or of
which transactions to close or for timing or
manner of liquidation or any tax consequences
from such actions.
All of the above may be done without demand or
notice of purchase, sale, transfer or cancellation
to you. No demand or notice shall impose on
Schwab any obligation to make such demand or
provide such notice to you in the future. Any
such notice or demand is hereby expressly
waived, and no specic demand or notice shall
invalidate this waiver.
Using the Check Feature. If you have requested
the check feature through your Account, you
authorize checks to be issued as indicated in
your Account Application. You agree that each
Trustee is authorized to write checks.
Verification. You authorize Schwab to inquire
from any source, including a consumer
reporting agency, as to the identity (as required
by law), creditworthiness and ongoing eligibility
for the Account of the Participants, any other
person referred to on this Application, or any
person whom Schwab is later notied is
associated with or has an interest in the
Account (as well as such persons’ spouses if
they live in a community-property jurisdiction) at
account opening, at any time throughout the life
of the Account, and thereafter for debt
collection or investigative purposes.
Required Arbitration Disclosures. Regulatory
authorities require that any brokerage agree-
ment 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.
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