retirement accounts the Depositor may own and that,
consequently, the tax treatment of the withdrawal may be
different than if the Depositor had no other individual
retirement accounts, and (iii) that, accordingly, it is the
responsibility of the Depositor to maintain appropriate
records so that the Depositor (or other person ordering the
distribution) can correctly compute all taxes due. Neither
the Custodian nor any other party providing services to
the Custodial Account assumes any responsibility for the
tax treatment of any distribution from the Custodial
Account; such responsibility rests solely with the person
ordering the distribution.
10. Distribution instructions. The Custodian assumes
(and shall have) no responsibility to make any distribution
except upon the written order of Depositor (or Beneficiary
if Depositor is deceased) containing such information as
the Custodian may reasonably request. Also, before making
any distribution from or honoring any assignment of the
Custodial Account, Custodian shall be furnished with any
and all applications, certificates, tax waivers, signature
guarantees, releases, indemnification agreements, and
other documents (including proof of any legal
representative’s authority) deemed necessary or advisable
by Custodian, but Custodian shall not be responsible for
complying with any order or instruction which appears on
its face to be genuine, or for refusing to comply if not
satisfied it is genuine, and Custodian has no duty of further
inquiry. Any distributions from the Custodial Account
may be mailed, first-class postage prepaid, to the last
known address of the person who is to receive such
distribution, as shown on the Custodian’s records, and such
distribution shall to the extent thereof completely
discharge the Custodian’s liability for such payment.
11. Designated Beneficiary.
(a) Designated Beneficiary. The term “Beneficiary”
means the person or persons designated as such by the
“designating person” (as defined below) on a form
acceptable to the Custodian for use in connection with
the Custodial Account, signed by the designating person,
and filed with the Custodian. If, in the opinion of the
Custodian or Service Company, any designation of
beneficiary is unclear or incomplete, in addition to any
documents or assurances the Custodian may request under
Section 10, the Custodian or Service Company shall be
entitled to request and receive such clarification or
additional instructions as the Custodian in its discretion
deems necessary to determine the correct Beneficiary(ies)
following the Depositor’s death. The form designating the
Beneficiary(ies) may name individuals, trusts, estates, or
other entities as either primary or contingent
beneficiaries. However, if the designation does not
effectively dispose of the entire Custodial Account as of
the time distribution is to commence, the term
“Beneficiary” shall then mean the designating person’s
estate, with respect to the assets of the Custodial Account
not disposed of by the designation form. The form last
accepted by the Custodian before such distribution is to
commence, provided it was received by the Custodian (or
deposited in the U.S. Mail or with a reputable delivery
service) during the designating person’s lifetime, shall be
controlling and, whether or not fully dispositive of the
Custodial Account, thereupon shall revoke all such forms
previously filed by that person. The term “designating
person” means Depositor during his/her lifetime; only after
Depositor’s death, it also means Depositor’s spouse if the
spouse is a Beneficiary and elects to transfer assets from
the Custodial Account to the spouse’s own Custodial
Account in accordance with applicable provisions of the
Code. (Note: Married Depositors who reside in a
community property or marital property state (Arizona,
California, Idaho, Louisiana, Nevada, New Mexico,
Texas, Washington or Wisconsin), may need to obtain
spousal consent if they have not designated their spouse as
the primary Beneficiary for at least half of their Custodial
Account. Consult a lawyer or other tax professional for
additional information and advice.)
(b) Rights of Inheriting Beneficiary. Notwithstanding any
provisions in this Agreement to the contrary, when and after
the distribution from the Custodial Account to Depositor’s
Beneficiary commences, all rights and obligations assigned
to Depositor hereunder shall inure to, and be enjoyed and
exercised by, Beneficiary instead of Depositor.
(c) Election by Spouse. Notwithstanding Section 3 of
Article IV of Part Two above, if the Depositor’s spouse is
the sole Beneficiary on the Depositor’s date of death, the
spouse will not be treated as the Depositor if the spouse
elects not to be so treated. In such event, the Custodial
Account will be distributed in accordance with the other
provisions of such Article IV, except that distributions to
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