©2019 Charles Schwab & Co., Inc. All rights reserved. Member SIPC. NAK19-021 (0219-8N4J) APP32257-15 (05/19)
Section 11: Loan Consent. You agree that
property held in your Margin Account, now or in
the future, may be borrowed (either separately
or together with the property of others) by us
(acting as principal) or by others. You agree that
Schwab may receive and retain certain benets
(including, but not limited to, interest on collateral
posted for such loans) to which you will not be
entitled. You acknowledge that, in certain
circumstances, such borrowings could limit your
ability to exercise voting rights or receive
dividends, in whole or in part, with respect to
the property lent. You understand that for
property that is lent by Schwab, the dividends
paid on such property will go to the borrower. No
compensation or other reimbursements will be
due to you in connection with such borrowings.
However, if you are allocated a substitute
payment in lieu of dividends, you understand
that such a payment may not be entitled to the
same tax treatment as may have been applied
to the receipt of a dividend. You agree that
Schwab is not required to compensate you for
any differential tax treatment between dividends
and payments in lieu of dividends. Schwab may
allocate payments in lieu of dividends by any
mechanism permitted by law, including by using
a lottery allocation system.
Section 12: Using the Check & Visa® Platinum
Debit Card Features. If you have requested
check or Visa Debit Card feature through your
account, you authorize checks and Visa Debit
Cards to be issued as indicated in your Account
Application. You agree that each Account Holder
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 13: 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 your
spouse, if you live in a community property
state) at account opening, at any time through-
out the life of the account, and thereafter for
debt collection or investigative purposes.
Section 14: Changes to Trust or Facts
Provided. You agree to notify Schwab if there is
any change to the information provided on this
Application, including without limitation any
change in the designated Trustees of the Trust,
and to supply appropriate documents requested
by Schwab relating to such change.
Section 15: 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 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.
• The panel of arbitrators will typically include
a minority of arbitrators who were or are
afliated 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 led, and any amendments thereto,
shall be incorporated into this Agreement.
No person shall bring a putative or certied
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 certication is denied;
2. the class is decertied; 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 16: 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 agree-
ments, 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, afliates, ofcers, 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 benet 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 benecial
interest in the Account, including court-appointed
trustees and receivers. This arbitration agree-
ment will also inure to the benet 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 beneciaries 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
ling 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 unavail-
able 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 nancial 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 nal
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 enforce-
ment 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 rst-class,
certied or registered mail, or otherwise given
by other commercially accepted medium of
written notication.
In addition to the above provisions, if a party
to this Agreement is or becomes a non-U.S.
resident at the time of any controversy subject
to this arbitration agreement, such party
acknowledges and agrees to the following
additional provisions:
(1) The rules of the organization administering
the arbitration specically provide for the
formal designation of the place at which the
arbitration is to be held.
(2) Entering into this Agreement constitutes
consent to submit to the personal jurisdiction
of the courts of the state of California, U.S.A.,
to interpret or enforce any or all of these
arbitration provisions. Judgment on any
arbitration award may be entered in any
court having jurisdiction, or application may
be made to such court for judicial acceptance
of the award and an order of enforcement,
as the case may be.
Page 2 of 3
ADA