Page 8 of 15
6100 (Rev. 7/2013) ©2013 Ascensus, Inc.
will not be responsible for losses of any kind that may result from
your directions to us or your actions or failures to act, and you
agree to reimburse us for any loss we may incur as a result of such
directions, actions, or failures to act. We will not be responsible for
any penalties, taxes, judgments, or expenses you incur in
connection with your Roth IRA. We have no duty to determine
whether your contributions or distributions comply with the Code,
regulations, rulings, or this agreement.
We may permit you to appoint, through written notice acceptable
to us, an authorized agent to act on your behalf with respect to this
agreement (e.g., attorney‐in‐fact, executor, administrator,
investment manager), but we have no duty to determine the
validity of such appointment or any instrument appointing such
authorized agent. We will not be responsible for losses of any kind
that may result from directions, actions, or failures to act by your
authorized agent, and you agree to reimburse us for any loss we
may incur as a result of such directions, actions, or failures to act by
your authorized agent.
You will have 60 days after you receive any documents, statements,
or other information from us to notify us in writing of any errors or
inaccuracies reflected in these documents, statements, or other
information. If you do not notify us within 60 days, the documents,
statements, or other information will be deemed correct and
accurate, and we will have no further liability or obligation for such
documents, statements, other information, or the transactions
described therein.
By performing services under this agreement we are acting as your
agent. You acknowledge and agree that nothing in this agreement
will be construed as conferring fiduciary status upon us. We will not
be required to perform any additional services unless specifically
agreed to under the terms and conditions of this agreement, or as
required under the Code and the regulations promulgated
thereunder with respect to Roth IRAs. You agree to indemnify and
hold us harmless for any and all claims, actions, proceedings,
damages, judgments, liabilities, costs, and expenses, including
attorney’s fees arising from or in connection with this agreement.
To the extent written instructions or notices are required under this
agreement, we may accept or provide such information in any
other form permitted by the Code or applicable regulations
including, but not limited to, electronic communication.
9.04 Disclosure of Account Information – We may use agents and/or
subcontractors to assist in administering your Roth IRA. We may
release nonpublic personal information regarding your Roth IRA to
such providers as necessary to provide the products and services
made available under this agreement, and to evaluate our business
operations and analyze potential product, service, or process
improvements.
9.05 Service Fees – We have the right to charge an annual service fee or
other designated fees (e.g., a transfer, rollover, or termination fee)
for maintaining your Roth IRA. In addition, we have the right to be
reimbursed for all reasonable expenses, including legal expenses,
we incur in connection with the administration of your Roth IRA.
We may charge you separately for any fees or expenses, or we may
deduct the amount of the fees or expenses from the assets in your
Roth IRA at our discretion. We reserve the right to charge any
additional fee after giving you 30 days’ notice. Fees such as
subtransfer agent fees or commissions may be paid to us by third
parties for assistance in performing certain transactions with
respect to this Roth IRA.
Any brokerage commissions attributable to the assets in your Roth
IRA will be charged to your Roth IRA. You cannot reimburse your
Roth IRA for those commissions.
9.06 Investment of Amounts in the IRA – You have exclusive
responsibility for and control over the investment of the assets of
your IRA. All investment transactions, including the reinvestment of
dividends, interest, and proceeds from securities sales, shall be
directed by you. Absent or pending such direction, we shall be
entitled on a daily basis to sweep all IRA account balances. Such
balances shall be invested in short‐term investments, which shall
include insured savings accounts, insured savings certificates,
federal funds, insured money market accounts, government
securities, federal agency securities, and treasury notes, bonds and
bills in which book value and interest is guaranteed (including any of
the foregoing offered by Happy State Bank) (“Temporary
Investments”). We shall have all power and authority necessary to
hold, administer, vote and negotiate such Temporary Investment so
as to enforce every right and benefit thereunder on your behalf. In
making all Temporary Investments, we shall not be limited to
investments now or hereinafter designated by statute or decision of
a court as “legal investments” for funds held by fiduciaries. You
hereby agree that we may, but shall not be required (unless required
under applicable law) to inform you by forwarding materials or
otherwise communicating with you under the provisions of Article
VIII as to any questions, decisions or other matters for which a vote
may be requested, necessary or helpful as to any Temporary
Investment, and we shall thereafter have no responsibility
whatsoever with respect thereto. You agree and acknowledge that
unless required by applicable law, we are not responsible for
communicating, forwarding, or notifying any party, including you,
with respect to any communication or matter which comes to the
attention of or is received by us with respect to Trust investments,
including Temporary Investments, and that you are responsible for
making separate arrangements for receiving such communications.
9.07 Beneficiaries – If you die before you receive all of the amounts in
your Roth IRA, payments from your Roth IRA will be made to your
beneficiaries. We have no obligation to pay to your beneficiaries
until such time we are notified of your death by receiving a valid
death certificate.
You may designate one or more persons or entities as beneficiary
of your Roth IRA. This designation can only be made on a form
provided by or acceptable to us, and it will only be effective when
it is filed with us during your lifetime. Each beneficiary designation
you file with us will cancel all previous designations. The consent of
your beneficiaries will not be required for you to revoke a
beneficiary designation. If you have designated both primary and
contingent beneficiaries and no primary beneficiary survives you,
the contingent beneficiaries will acquire the designated share of
your Roth IRA. If you do not designate a beneficiary or if all of your
primary and contingent beneficiaries predecease you, your estate
will be the beneficiary.
If your surviving spouse is the designated beneficiary, your spouse
may elect to treat your Roth IRA as his or her own Roth IRA, and
would not be subject to the required minimum distribution rules.
Your surviving spouse will also be entitled to such additional
beneficiary payment options as are granted under the Code or
applicable regulations.
We may allow, if permitted by state law, an original Roth IRA
beneficiary (the beneficiary who is entitled to receive distributions
from an inherited Roth IRA at the time of your death) to name
successor beneficiaries for the inherited Roth IRA. This designation
can only be made on a form provided by or acceptable to us, and it
will only be effective when it is filed with us during the original Roth
IRA beneficiary’s lifetime. Each beneficiary designation form that
the original Roth IRA beneficiary files with us will cancel all previous
designations. The consent of a successor beneficiary will not be