©2020 Charles Schwab & Co., Inc. All rights reserved. Member SIPC. CC3965621 (0620-0A9Z) APP10594-48 (06/20)
Schwab One
®
Custodial Account Application Agreement
Page 2 of 3
or sell or of which transactions to close or for
timing or manner of liquidation.
We may transfer property from any non-
retirement brokerage account in which you
have an interest to any other brokerage
accounts in which you have an interest,
regardless of whether there are other account
holders on either account, if we determine that
your obligations are not adequately secured or
to satisfy a debt or other obligation. You agree
to pay on demand any account deficiencies
after liquidation, whether liquidation is
complete or partial. 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 specific demand or notice shall
invalidate this waiver.
Section 9: Interest on Debit Balances.
We will charge and compound interest on your
debit balances according to our Disclosure of
Credit Terms and Policies.
Section 10: Using the Check Feature.
If you have requested check features through
the Minor’s Account, you authorize checks to
be issued as indicated in the Account
Application. You understand that you are
authorized to write checks for the benefit of the
Minor.
Section 11: Verification.
You authorize Schwab to inquire from any
source, including a consumer reporting agency,
as to the identity (as required by federal law),
creditworthiness and ongoing eligibility for the
Account of the Account Holders, any other
person referred to on this Application, or any
person about whom Schwab is later notified as
associated with or having 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.
Section 12: 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 filed.
• Arbitration awards are generally final 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 first
scheduled hearing date.
• The panel of arbitrators will typically include
a minority of arbitrators who were or are
affiliated 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.
• The rules of the arbitration forum in which
the claim is filed, and any amendments
thereto, shall be incorporated into this
Agreement.
No person shall bring a putative or certified
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 certification is denied;
2. the class is decertified; 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 13: 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,
affiliates, officers, 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 benefit 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 beneficial interest in the
Account, including court-appointed trustees
and receivers. This arbitration agreement will
also inure to the benefit 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 beneficiaries 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 filing 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 financial 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 final
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 first-class, certified or registered mail, or