©2022 Charles Schwab & Co., Inc. All rights reserved. Member SIPC.
(0622-1KMY) APP13049-27 (01/22)
Page 4 of 6Power of Attorney Authorization and Agreement - Client Copy
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.
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 otherwise
given by other commercially accepted medium
of written notification.
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 specifically 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.
(3) The exclusive language to be used by the
parties and the arbitrators in the arbitration
proceedings shall be English. Any party
wishing an interpreter shall make all
arrangements directly with the interpreter
and shall assume all costs of the service.
(4) If a party is a foreign government or state,
state-owned or state-operated enterprise
or other instrumentality of a foreign
government or state, such party waives all
rights of sovereign immunity and neither
the Federal Act of State doctrine nor the
doctrine of sovereign immunity shall apply
insofar as any enforcement in courts
located in the U.S.A. is concerned.
Section 5: Schwab Bank Account Holder's
Authorization of Agent's Powers
I authorize Charles Schwab Bank, SSB ("Schwab
Bank") to take such actions as Schwab Bank
deems necessary to carry out instructions
Schwab Bank receives from me and/or Agent. I
further authorize Schwab Bank, in its sole
discretion and for whatever reason, to request
additional documentation from me prior to
executing any transaction requested by my
Agent. If I have appointed two or more Agents,
both Agents will have identical powers as
indicated in Section 2 of the Power of Attorney
form, and I hereby authorize them to act alone
and without the consent of the other Agent or
Agents with respect to the powers granted. In
addition, I hereby authorize Schwab Bank, in its
sole discretion, to restrict my Schwab Bank High
Yield Investor Checking
®
account from further
activity in the event the Agents enter conflicting
or inconsistent instructions.
For LPOA, my Agent's authority consists of the
authority to view account information, balances
and transactions, but not to make withdrawals
or transfer funds. My Agent may also request
copies of specific account statements upon my
request.
For FPOA, my Agent's authority consists of
unlimited authority to view account information,
balances and transactions, transfer or withdraw
money from my Account, including into the name
of the Agent, to write checks against my
Account, obtain stop payments and generally
take any other actions with respect to my
Account in the same manner and to the same
extent as I am permitted to do. My Agent may
also request copies of specific account
statements upon my request. I understand that
certain access devices may not be made
available to my Agent. My Agent is authorized to
update certain account information, but not to
change the High Yield Investor Checking account
mailing address nor to change or create joint
accounts. At its discretion, Schwab Bank may,
but is not obligated to, decline to accept certain
updated account information from the Agent. My
Agent is authorized on my behalf to enter into
further agreements with Schwab Bank regarding