COM31873-26
©2020 Charles Schwab & Co., Inc. All rights reserved. Member SIPC. CC3996471 (0620-0A9Z) APP10600-55 (06/20)
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: Linking Your Account to a Schwab
Bank High Yield Investor Checking® Trust
Account at Schwab Bank. If you link your
account to a High Yield Investor Checking Trust
account held at Schwab Bank, you authorize
Schwab to accept and follow instructions
received from Schwab Bank to transfer funds
from your account to your High Yield Investor
Checking Trust account as set forth in your
Schwab Bank High Yield Investor Checking
Account Application and Schwab Bank Deposit
Account Agreement. The provisions of the
Agreement and Disclosures relating to checks
and debit cards will not apply to the services
received from Schwab Bank.
You authorize Schwab to act as your agent in
processing those instructions from Schwab
Bank. You understand and agree that Schwab
has sole discretion to accept or deny, in whole
or in part, any such instruction. You also agree
that Schwab is not responsible for any errors in
calculation or damages resulting from errors in
calculations or delays in transfers. In no event
will Schwab be liable for any special, indirect or
consequential damages, even if we have been
informed of the possibility of such damages.
You authorize Schwab to act upon your requests
for Real-Time Funds Transfers (as defi ned in the
Schwab Bank Deposit Account Agreement) from
Schwab Bank. The maximum amount you may
transfer will be calculated the same way
Schwab calculates the Authorization Limit for
brokerage checkwriting privileges as set forth in
the Schwab One Account Agreement. By
requesting a Real-Time Funds Transfer, you
understand that you may create a margin loan
in your brokerage account that may be subject
to daily interest charges.
In order for transfers to occur, both your High
Yield Investor Checking Trust account and your
account must be open and active and linked
with each other. Target Balance Transfers will be
limited to your Authorization Limit (as described
in the Schwab One Account Agreement),
excluding your Available Margin Loan Value (as
defi ned in the Schwab One Account Agreement).
Overdraft Transfers will be limited to your
Authorization Limit.
If you have a debit balance in your account,
Target Balance Transfers will not be made to your
High Yield Investor Checking Trust account.
Pending securities trades (including the
Automatic Investment Plan [AIP]), pending debits
to your account, and pending transfers of funds
from your account may not be considered in
determining whether funds are available for
transfer from your account to your High Yield
Investor Checking Trust account at Schwab Bank.
Further, transfers of funds from your account
are subject to Schwab’s minimum deposit
requirements. You and your account may not
have any restrictions preventing Schwab from
using funds in your account to satisfy a transfer
instruction from Schwab Bank. If your account
becomes subject to a restriction, your eligibility
for this feature may be revoked and you
understand that Schwab Bank may close your
High Yield Investor Checking Trust account.
Transfers to Schwab Bank may result in debits
in your account. You acknowledge that you are
responsible for all debits (and interest on debits)
in your account, as described in further detail in
the Agreement and Disclosures. Your account
remains an obligation solely of Schwab. Likewise,
your High Yield Investor Checking Trust account
remains an obligation solely of Schwab Bank.
Section 14: Verifi cation. 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 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
i s l e d .
• 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
af liated 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 certi ed
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 certi cation is denied;
2. the class is decerti ed; 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 agreements,
instructions, or authorizations; (ii)the Account,
any other Schwab account or Services; (iii)trans-
actions in the Account or any other Schwab
account; (iv)or in any way arising from the
relationship with Schwab, its parent, subsidiaries,
af liates, of cers, 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 bene t 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
bene cial interest in the Account, including
court-appointed trustees and receivers. This
arbitration agreement will also inure to the
bene t 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
bene ciaries 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
Page 2 of 3
Schwab One®Trust Account Application Agreement for Trusts Domiciled in the United States |
Brokerage Products: Not FDIC-Insured • No Bank Guarantee • May Lose Value
ST