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© 2021 Directed Trust Company Crypto Roth IRA Custodial Account Agreement
required under this Custodian Account Agreement, Depositor
acknowledges and agrees that all notices will be provided
through an electronic medium and the Account shall be
subject to the provisions of the Uniform Electronic
Transactions Act, as passed in the state where the Custodian is
organized, and the federal Electronic Signature in Global and
National Commerce Act (ESIGN Act, as contained in 15 U.S.C.
7001), as those laws pertain to electronic communications,
electronic signatures, and electronic storage of Account
records. In lieu of the retention of the original records,
Custodian may cause any, or all, of its records, and records at
any time in its custody, to be photographed, scanned, or
otherwise reproduced to permanent form, and any such
photograph, scanned copy, or reproduction shall have the
same force and effect as the original thereof and may be
admitted in evidence equally with the original. If Account
Owner requires Custodian to maintain original hard copy
records, the Account Owner shall make a specific request in
writing to Custodian for each record the Account Owner wants
maintained in original physical form. Such request must be
made before the requested documents are first sent to the
Custodian. A special annual fee shall apply for the records
maintained in original physical form. I hereby acknowledge
and agree to the SMS Notifications Disclosure which follows
this Agreement.
17. Governing Law and Arbitration: This Agreement and all
amendments hereto shall be governed by and construed in
accordance with the laws of the state of Arizona, applicable to
contracts made and to be performed therein. The parties
agree that, upon the request of any party hereto, whether
made before or after the institution of any legal proceeding, all
claims and disputes of every type and matter which may arise
between the Account Owner and the Custodian shall be
submitted to binding arbitration before a panel of arbitrators
(as described below), of and pursuant to the rules of the
American Arbitration Association (“AAA”); that such
arbitration hearings and proceedings shall take place only in
Arizona or another site selected by the Administrator in its sole
discretion; that this arbitration provision and the arbitration
shall be administered by the AAA pursuant to and construed
and enforced under the Federal Arbitration Act (title 9 of the
United States Code) (“FAA”); however, if the FAA is
inapplicable for any reason, such arbitration shall be
conducted pursuant to Arizona law; that there shall be no class
action, class or consolidated arbitration; that the prevailing
party in any claim or dispute of any type between the Account
Owner and the Custodian, or as the case may be, shall recover
reasonable attorneys’ fees, costs and expenses, including
without limitation, arbitration filing fees, arbitrators’ fees, and
other arbitration fees; and that this arbitration agreement
shall govern any disputes involving Account Owner and the
Custodian, as the case may be, notwithstanding any
provisions, including and without limitation venue or
arbitration provisions, contained in any agreement signed by
Custodian in its custodial capacity. Any arbitration proceeding
shall be conducted by a panel of three neutral arbitrators
selected by the parties unless the parties agree otherwise. If
arbitration is requested as described above, the parties
expressly waive any right to institute or conduct litigation or
arbitration before any other body or tribunal. The parties
further agree that if a party is required to enforce this
arbitration agreement against the other party and/or to
compel the other party to arbitration pursuant to this
agreement, the prevailing party shall recover from the other
party reasonable attorneys’ fees, costs and expenses so
incurred. Arbitration shall be final and binding upon the
parties.
ARTICLE IX
SELF-DIRECTED IRA PROVISIONS
1. Investment of Contributions: As provided in Article VIII,
Section 11, at the direction of the Account Owner, the
Custodian shall invest all contributions to the Custodial
Account and earnings thereon in investments, provided that
such investments that are considered administratively feasible
by the Custodian. The Custodian shall have no duty other than
to follow the written investment directions of the Account
Owner, shall be under no duty to question said instructions
and shall not be liable for any investment losses sustained by
the Account Owner under any circumstances.
2. Indemnification: The Custodian shall have no duty other
than to follow the written investment directions of the
Account Owner, and shall be under no duty to question said
instructions and shall not be liable for any investment losses
sustained by the Account Owner under any circumstances.
Account Owner agrees to indemnify Custodian for any losses,
costs, or fees (including reasonable attorney’s fees) that are
incurred by Custodian as a result of the foregoing provision.
The responsible duties of the Custodian are to report tax
information for the IRA to the IRA and to execute orders made
by the Account owner.
3. Registration: All assets of the Custodial Account shall be
registered in the name of the Custodian; “Directed Trust
Company FBO (Account Owner Name) (Account Type).
4. No Investment Advice: I acknowledge that investment
decisions are the sole responsibility of the Account Owner and
that the Custodian has no duty to review, or to make any
recommendations in connection with the acquisition,
retention, or disposition of any investments in the Account
Owner’s Account. The Custodian does not recommend or offer
investments and that the Account can only be invested upon
the sole authorization and determination of the Account
Owner. I understand that I should seek professional assistance
from properly licensed financial, legal, and tax professionals
and that the Custodian does not offer and should not be relied
on for investment, financial, legal, or tax advice. The Custodian
does not provide investment advice and does not assume any
responsibility for rendering advice with respect to the
investment and reinvestment of Custodial Account and shall
not be liable for any loss which results from Account Owner's
exercise of control over his or her Custodial Account under any
circumstances.
5. Prohibited Transactions: Account Owner acknowledges and
agrees to abide by the provisions of § 4975 of the Internal
Revenue Code and the related Treasury regulations pertaining
to "Prohibited Transactions," and acknowledges that adverse