©2020 Charles Schwab & Co., Inc. All rights reserved. Member SIPC. CC3965621 (0620-0A9Z) APP10639-35 (06/20)
Schwab One
®
Estate Account Application Agreement - Client Copy
Page 2 of 3
grant us a first, perfected and prior lien on, a
continuing security interest in, and right of set-
off with respect to all property that is, now or in
the future, held, carried or maintained for any
purpose in or through Schwab, and, to the
extent of your interest in or through, any
present or future account with us or our
affiliates in which you have an interest. In the
event of a breach or default by you under this
Agreement, Schwab will have the rights and
remedies available to a secured creditor under
all applicable laws in addition to the rights and
remedies provided in this Agreement.
If you owe money to Schwab as the result of
activity in your Account and there are assets
available in any non-retirement brokerage
account that you hold at Schwab which could
fully or partially satisfy the debt, you agree that
upon Schwab’s written demand, you will
execute all documents necessary to effect a
transfer from your non-retirement brokerage
account and agree to pay or cause such funds
to be paid immediately to Schwab in order to
satisfy your indebtedness to Schwab.
Section 8: 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. We may choose
which property to buy or sell, which
transactions to close, and the sequence and
timing of liquidation. 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.
We may transfer property from any non-
retirement brokerage account in which you
have an interest to any other brokerage
account 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
needed 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 (whether in a Margin or Cash
Account) according to our Disclosure of Credit
Terms and Policies.
Section 10: Using the Check and Visa
®
Debit
Card Features.
If you have requested check or Visa debit card
features through your Account, you authorize
checks and Visa debit cards to be issued as
indicated in your Account Application. You
agree that each Executor is authorized to write
checks and engage in Visa debit card
transactions, and you understand that if the
checking feature is terminated, your Visa debit
card will be automatically cancelled.
Section 11: Verification.
You authorize Schwab to inquire from any
source, including a consumer reporting agency,
as to your identity (as required by federal law),
creditworthiness and ongoing eligibility for the
Account (and that of any other person referred
to on this Application or any person who
Schwab is later notified is associated with or
has an interest in the Account) 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