Help when you need it
If you need assistance completing the application or have additional questions, call us at 888.637.3343. Representatives are available 24/7.
MerrillLynch, Pierce, Fenner & Smith Incorporated (also referred to as “MLPF&S” or “Merrill”) makes available certain investment products sponsored, managed, distributed or provided
by companies that are affiliates of BankofAmerica Corporation (“BofACorp.”). MLPF&S is a registered broker-dealer, registered investment adviser, Member SIPC and a wholly owned
subsidiary of BofACorp.
MerrillEdge® Self-Directed is available through MLPF&S.
Investment products:
MerrillEdge
®
Self-Directed Estate
Cash Management Account
®
(CMA
®
Account)
Account Application Booklet and Agreements
Return your completed application form along with the additional documents.
You may return via standard or express delivery or via fax.
By Standard Mail:
Merrill
New Account Support
MSC NJ2-140 -02-15
P.O. Box 1501
Pennington, NJ 08534
By Express Delivery:
Merrill
New Account Support
MSC NJ2-140 -02-15
1400 American Boulevard
Pennington, NJ 08534
By Fax:
New Account Support
866.214.1649
Thank you for your interest in a MerrillEdge® Self-Directed Estate Cash Management Account®. An investment account for
estates that lets you trade and research mutual funds, stocks, fixed income and other securities.
Only U.S. residents and U.S.-based estates can apply for a MerrillEdge Self-Directed investing account.
To avoid delays in establishing your account, please be sure to:
Review the application to make sure all required fields/questions have been completed/answered.
Sign and date application (all executors/administrators must sign).
Include the following documentation with your application:
Letters of Testamentary/Letters of Appointment
Affidavit of Domicile
Death Certificate
Tax waiver may be required in some states
Are Not FDIC Insured Are Not Bank Guaranteed May Lose Value
Page 2 | MerrillEdge Self-Directed CMA Estate Account Application 471905PM–1121
MerrillEdge
®
Self-Directed Estate
Cash Management Account
®
(CMA
®
Account)
Customer Information and Due Diligence
Merrill, like all U.S. financial institutions, is required to follow federal regulations to assist the government in its efforts to fight money laundering and other financial crimes, and to
counter terrorist financing efforts in the U.S. and globally. Merrillobtains specific personal information from you in order to verify your identity, and you may be required to present
documentary evidence of your identity in the form of government-issued identification. Merrill also uses third-party vendors to verify customer information. Foreign nationals who
are permanent legal residents of the U.S. may be required to present a Permanent Resident Card (i.e., “green card”) and a Social Security number to open an account in a U.S.-based
Merrilloffice. Non-individuals (e.g., a business, trust or estate) must submit sufficient evidence of legal status.
In addition to verifying the identity of our customers, Merrill captures personal information on all customers and related authorized parties who have the ability to transact, control,
influence or managean account, whether directly or indirectly. Merrill, at its discretion, may elect not to accept an account or to terminate the account agreement and the account
agreements of any related parties.
Instructions
Please provide/complete the following:
Tell us about the Estate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Estate Executor/Administrator Information . . . . . . . . . . . . . . . . . 3–5
Additional Estate Executor/Administrator Information . . . . . . . 6–7
Banking Features . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Tax Certification and Acknowledgment. . . . . . . . . . . . . . . . . . . . . . . 8
Additional Required Documents
Letters of Testamentary/Letters of Appointment
Affidavit of Domicile (enclosed)
Tax waiver may be required in some states
Death Certificate
Depending on services requested, or if a non-U.S. client, additional
documents may be required.
Table of Contents
Account Application
I. Tell us about the Estate. . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Estate Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Estate Address. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Decedent’s Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Other Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
II. Estate Executor/Administrator Information. . . . . . . . 3–5
Personal Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Residential Address. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Mailing Address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Citizenship. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Employment Information. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Investment Experience. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Affiliation Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Financial Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
III. Additional Estate Executor/Administrator
Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6–7
Personal Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Residential Address. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Mailing Address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Citizenship. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Employment Information. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Investment Experience. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Affiliation Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Financial Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
IV. Banking Features . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Check Writing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
V. Tax Certification and Acknowledgment . . . . . . . . . . . . . 8
Agreements and Disclosures
MerrillEdge Self-Directed Investing Client
RelationshipAgreement
MerrillEdge Self-Directed Investing Terms of Service
MerrillEdge Self-Directed Investing Cash Management
AccountAgreement
MerrillEdge Self-Directed Investing Cash Management
AccountProgram Description
Bank Deposit Account Fact Sheet
Margin Lending Program Client Agreement
All of which are incorporated herein by reference, as applicable.
6
Page 3 | MerrillEdge Self-Directed CMA Estate Account Application 471905PM–1121
Personal Information
Residential Address
Mailing Address
All information in this section
is required.
Provide the residential address
of the executor/administrator.
Full Legal Name (First, Middle, Last)
Street Address (This cannot be a P.O. Box)
Social Security Number Date of Birth (MM/DD/YYYY)
Personal (Home) Phone
Preferred Contact
Email Address Mobile Phone Preferred Contact
Marital Status (Select one) Single Married Divorced Widowed Separated Domestic Partner
City State ZIP Code
Provide a mailing address if it is
different than your residential
address.
My mailing address is the same as my residential address
Mailing Address (This can be a P.O. Box)
City State ZIP Code
II. Estate Executor/Administrator Information
Estate Information
Estate Address
Other Information
All information in this section
is required.
The TIN you provide will be used
for tax reporting purposes.
This is the address of the Estate
that will be used for mailing and
tax reporting.
Name of Estate
Address
Estate Taxpayer Identification Number (TIN) Ownership Type (select one)
Estate Executor Estate Administrator
City
State
Zip Code
Corporate Issuers: Under federal securities rules, Merrill may be required to disclose your name, address and relevant investment
holdings to corporate issuers whose investments you own. If you elect to opt out of this disclosure requirement, you will not receive
any corporate communications from the issuer, however you will still receive regulatory mailings required to be sent to all holders If
you wish toexercise this preference, select the box below.
I elect to opt out and not disclose my name, address and securities positions to corporate issuers.
Dividend Distribution: Dividend payments will accumulate in the account by default. You can enroll in Funds Transfer Service to have
dividends electronically deposited into a bank or brokerage account of your choosing.
I. Tell us about the Estate
Decedent’s Information
Complete this entire section with
the decedent’s information.
Use the following format for dates
MM/DD/YYYY.
Decedent’s Full Name
Date of Birth (MM/DD/YYYY)
Date of Death (MM/DD/YYYY)
Social Security Number Country of Citizenship Country of Residency
Page 4 | MerrillEdge Self-Directed CMA Estate Account Application 471905PM–1121
II. Estate Executor/Administrator Information (continued)
All non-U.S. Citizens will need to
document their United States residency
by providing a copy of both:
1. U.S. Permanent Resident Card
2. Valid Passport.
Citizenship
If your residency status changes,
Merrill will not be able to
maintain your account. You will
be required to close the account.
List all countries you currently
hold citizenship with.
Is your primary residence in the United States? Yes No
Country or Countries of Citizenship: (List all)
U.S. Citizen
Another Country
Another Country
Employment Information
Investment Experience
Select only one employment
status and provide the required
information.
If Self-Employed, provide
your name or the name of your
business.
Physical work address cannot be a
P.O. Box.
You must answer Yes or No.
If you have trading experience,
answer all of the questions within
this section.
Employed Self-Employed
Do you have any trading experience? No Yes (specify trading experience below)
Retired
Not Employed Student Homemaker
Name of Employer
Employer Address (This cannot be a P.O. Box)
City State ZIP Code
Specific Occupation
I have traded with both cash and margin
I have traded with cash only
Occupation prior to Retirement
Industry of Occupation
I have experience with (select all that apply)
Stocks Bonds Mutual Funds
Options
Industry of Occupation
Start Date (MM/YYYY)
What year did you start investing?
Retirement Date (MM/YYYY)
Affiliation Information
You must answer Yes or No.
If “Yes,” please provide company
name and symbol.
You must answer Yes or No.
If “Yes,” provide additional
information regarding the nature
ofthe affiliation.
Are you a director, 10% shareholder or someone who has the ability to control corporate action or policy of a public company?
No Yes (List all companies below)
Are you, your spouse or another member of your household employed by Merrill, BankofAmerica and its affiliates, a Broker Dealer,
Self-Regulatory Organization or another financial institution?
No Yes (specify below)
If yes, provide relationship to affiliated person:
Self Spouse Member of Household
If yes, provide who the affiliation is with:
BankofAmerica/Merrill Broker Dealer
Self-Regulatory Organization Other Financial Institution
Name of Person:
Name of affiliated company:
Company Name(s):
Company Name(s):
Trading Symbol(s):
Trading Symbol(s):
Page 5 | MerrillEdge Self-Directed CMA Estate Account Application 471905PM–1121
II. Estate Executor/Administrator Information (continued)
Financial Information
Complete all fields within this
entire section.
Household: Households may include
a spouse, domestic partner and others
who share financial responsibility.
Students who are financially dependent
on the support of family members
should not include their family’s financial
information as their own.
Annual Income: Your annual household
income and earnings consist of annual
gross income, including salary, self-
employment income, rental income and
investment income. Students should
count only earned income and not
include income derived from family or
non-taxable student loans, grants or
financial aid.
Investable Assets: The value of your
investable assets is the sum of your
household’s liquid assets (cash and cash
equivalents), securities (such as stocks,
mutual funds, bonds and options), and
retirement plan assets (including those
in 401(k)s, 403(b)s and pensions).
Net Worth: Your net worth consists
of your total household assets (such as
cash, securities, investment properties,
401(k)s and IRAs) less the total
household liabilities (such as credit cards
and personal loans). The value of your
Primary Residence and Mortgage
should not be included in Net Worth
calculations for brokerage accounts.
Source of Income: Provide the primary
source of the income you’ve declared.
Source of Wealth: How did you
accumulate the majority of your wealth?
This should be the primary source of the
net worth you’ve declared.
A. Household Annual Income
$0–$24,999
$25,000–$49,999
$50,000–$74,999
$75,000–$99,999
$100,000–$124,999
$125,000$149,999
$150,000$174,999
$175,000–$199,999
$200,000–$224,999
$225,000–$249,999
$250,000–$274,999
$275,000–$299,999
$300,000–$349,999
$350,000–$399,999
$400,000–$449,999
$450,000–$499,999
$500,000–$549,999
$550,000–$999,999
$1,000,000–$2,999,999
$3,000,000–$4,999,999
$5,000,000–$9,999,999
$10,000,000–$49,999,999
$50,000,000 and over
B. Household Investable Assets
$0–$24,999
$25,000–$49,999
$50,000–$74,999
$75,000–$99,999
$100,000–$124,999
$125,000$149,999
$150,000$174,999
$175,000–$199,999
$200,000–$224,999
$225,000–$249,999
$250,000–$274,999
$275,000–$299,999
$300,000–$349,999
$350,000–$399,999
$400,000–$449,999
$450,000–$499,999
$500,000–$549,999
$550,000–$999,999
$1,000,000–$2,999,999
$3,000,000–$4,999,999
$5,000,000–$9,999,999
$10,000,000–$49,999,999
$50,000,000 and over
C. Household Net Worth
(Excluding Primary Residence)
$0–$24,999
$25,000–$49,999
$50,000–$74,999
$75,000–$99,999
$100,000–$124,999
$125,000$149,999
$150,000$174,999
$175,000–$199,999
$200,000–$224,999
$225,000–$249,999
$250,000–$274,999
$275,000–$299,999
$300,000–$349,999
$350,000–$399,999
$400,000–$449,999
$450,000–$499,999
$500,000–$549,999
$550,000–$999,999
$1,000,000–$2,999,999
$3,000,000–$4,999,999
$5,000,000–$9,999,999
$10,000,000–$49,999,999
$50,000,000 and over
D. Primary Source of Income (select one)
Employment
Household/Family
Unemployment Income
Retirement Income
Social Security
Investment Income
Inheritance/Trust (Explain below.
When, from whom and how much
wasreceived?)*
E. Primary Source of Wealth (select one)
Income from Employment
Insurance Benefits
Lottery or Casino Winnings
Securities Investing
Sale of Real Property
Charitable Trust
Income from client’s own business or
sale of business
Compensation payment/
Legal settlement
Inheritance of family, gift, trust proceeds
Donations, grants, endowments
(e.g., foundations, family, private, public)
Household wealth (e.g., spouse, minors,
financial dependents)
Professional venture capital/
Private equity investors
Other Income (explain below)*
Other (explain below)*
Page 6 | MerrillEdge Self-Directed CMA Estate Account Application 471905PM–1121
III. Additional Estate Executor/Administrator Information
Important: If the Estate has more than two parties, include copies of this section for each additional executor
and/or administrator.
All non-U.S. Citizens will need to
document their United States residency
by providing a copy of both:
1. U.S. Permanent Resident Card
2. Valid Passport.
Personal Information
Residential Address
Mailing Address
All information in this section is
required.
Each additional executor and/or
administrator must also sign the
application on page 8.
Provide the residential address
of the executor/administrator.
Full Legal Name (First, Middle, Last)
Street Address (This cannot be a P.O. Box)
Social Security Number Date of Birth (MM/DD/YYYY)
Personal (Home) Phone
Preferred Contact
Email Address Mobile Phone Preferred Contact
Marital Status (Select one) Single Married Divorced Widowed Separated Domestic Partner
City State ZIP Code
Provide a mailing address if it is
different than your residential
address.
My mailing address is the same as my residential address
Mailing Address (This can be a P.O. Box)
City State ZIP Code
Citizenship
If your residency status changes,
Merrill will not be able to
maintain your account. You will
be required to close the account.
List all countries you currently
hold citizenship with.
Is your primary residence in the United States? Yes No
Country or Countries of Citizenship: (List all)
U.S. Citizen
Another Country
Another Country
Employment Information
Investment Experience
Select only one employment
status and provide the required
information.
If Self-Employed, provide your
name or the name of your
business.
Physical work address cannot be a
P.O. Box.
You must answer Yes or No.
If you have trading experience,
answer all of the questions
within this section.
Employed Self-Employed
Do you have any trading experience? No Yes (specify trading experience below)
Retired
Not Employed Student Homemaker
Name of Employer
Employer Address (This cannot be a P.O. Box)
City State ZIP Code
Specific Occupation
I have traded with both cash and margin
I have traded with cash only
Occupation prior to Retirement
Industry of Occupation
I have experience with (select all that apply)
Stocks Bonds Mutual Funds
Options
Industry of Occupation
Start Date (MM/YYYY)
What year did you start investing?
Retirement Date (MM/YYYY)
Page 7 | MerrillEdge Self-Directed CMA Estate Account Application 471905PM–1121
III. Additional Estate Executor/Administrator Information (continued)
Affiliation Information
Financial Information
You must answer Yes or No.
If “Yes,” please provide company
name and symbol.
You must answer Yes or No.
If “Yes,” provide additional
information regarding the nature
ofthe affiliation.
Complete all fields within this
entire section.
Household: Households may include
a spouse, domestic partner and others
who share financial responsibility.
Students who are financially dependent
on the support of family members
should not include their family’s financial
information as their own.
Annual Income: Your annual household
income and earnings consist of annual
gross income, including salary, self-
employment income, rental income and
investment income. Students should
count only earned income and not
include income derived from family or
non-taxable student loans, grants or
financial aid.
Investable Assets: The value of your
investable assets is the sum of your
household’s liquid assets (cash and cash
equivalents), securities (such as stocks,
mutual funds, bonds and options), and
retirement plan assets (including those
in 401(k)s, 403(b)s and pensions).
Net Worth: Your net worth consists
of your total household assets (such as
cash, securities, investment properties,
401(k)s and IRAs) less the total
household liabilities (such as credit cards
and personal loans). The value of your
Primary Residence and Mortgage
should not be included in Net Worth
calculations for brokerage accounts.
Source of Income: Provide the primary
source of the income you’ve declared.
Source of Wealth: How did you
accumulate the majority of your wealth?
This should be the primary source of the
net worth you’ve declared.
A. Household Annual Income
$0–$24,999
$25,000–$49,999
$50,000–$74,999
$75,000–$99,999
$100,000–$124,999
$125,000$149,999
$150,000$174,999
$175,000–$199,999
$200,000–$224,999
$225,000–$249,999
$250,000–$274,999
$275,000–$299,999
$300,000–$349,999
$350,000–$399,999
$400,000–$449,999
$450,000–$499,999
$500,000–$549,999
$550,000–$999,999
$1,000,000–$2,999,999
$3,000,000–$4,999,999
$5,000,000–$9,999,999
$10,000,000–$49,999,999
$50,000,000 and over
B. Household Investable Assets
$0–$24,999
$25,000–$49,999
$50,000–$74,999
$75,000–$99,999
$100,000–$124,999
$125,000$149,999
$150,000$174,999
$175,000–$199,999
$200,000–$224,999
$225,000–$249,999
$250,000–$274,999
$275,000–$299,999
$300,000–$349,999
$350,000–$399,999
$400,000–$449,999
$450,000–$499,999
$500,000–$549,999
$550,000–$999,999
$1,000,000–$2,999,999
$3,000,000–$4,999,999
$5,000,000–$9,999,999
$10,000,000–$49,999,999
$50,000,000 and over
C. Household Net Worth
(Excluding Primary Residence)
$0–$24,999
$25,000–$49,999
$50,000–$74,999
$75,000–$99,999
$100,000–$124,999
$125,000$149,999
$150,000$174,999
$175,000–$199,999
$200,000–$224,999
$225,000–$249,999
$250,000–$274,999
$275,000–$299,999
$300,000–$349,999
$350,000–$399,999
$400,000–$449,999
$450,000–$499,999
$500,000–$549,999
$550,000–$999,999
$1,000,000–$2,999,999
$3,000,000–$4,999,999
$5,000,000–$9,999,999
$10,000,000–$49,999,999
$50,000,000 and over
Are you a director, 10% shareholder or someone who has the ability to control corporate action or policy of a public company?
No Yes (List all companies below)
Are you, your spouse or another member of your household employed by Merrill, BankofAmerica and its affiliates, a Broker Dealer,
Self-Regulatory Organization or another financial institution?
No Yes (specify below)
D. Primary Source of Income (select one)
Employment
Household/Family
Unemployment Income
Retirement Income
Social Security
Investment Income
Inheritance/Trust (Explain below.
When, from whom and how much
wasreceived?)*
E. Primary Source of Wealth (select one)
Income from Employment
Insurance Benefits
Lottery or Casino Winnings
Securities Investing
Sale of Real Property
Charitable Trust
Income from client’s own business or
sale of business
Compensation payment/
Legal settlement
Inheritance of family, gift, trust proceeds
Donations, grants, endowments
(e.g., foundations, family, private, public)
Household wealth (e.g., spouse, minors,
financial dependents)
Professional venture capital/
Private equity investors
Other Income (explain below)*
Other (explain below)*
If yes, provide relationship to affiliated person:
Self Spouse Member of Household
If yes, provide who the affiliation is with:
BankofAmerica/Merrill Broker Dealer
Self-Regulatory Organization Other Financial Institution
Name of Person:
Name of affiliated company:
Company Name(s):
Company Name(s):
Trading Symbol(s):
Trading Symbol(s):
Under penalties of perjury, I certify: 1. that the taxpayer identification number I have shown on this form is the correct taxpayer identification
number (or I am waiting for a number to be issued to me), and 2. that I am not subject to backup withholding because (a) I am exempt from backup
withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to
report all interest and dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. that I am a U.S. person
(including a U.S. resident alien), and 4. The Foreign Account Tax Compliance Act (FATCA) code entered on this form (if any) indicating that I am
exempt from FATCA reporting is correct. You must cross out item (2.) above if you have been notified by the IRS that you are subject to backup
withholding because you have failed to report all interest and dividends on your tax return.
BY SIGNING BELOW, I AGREE TO THE MERRILLEDGE SELF DIRECTED CASH MANAGEMENT ACCOUNT DISCLOSURES AND ACCOUNT
AGREEMENT, THE TERMS OF THE MERRILLEDGE SELF-DIRECTED INVESTING CLIENT RELATIONSHIP AGREEMENT AND MERRILLEDGE SELF-
DIRECTED INVESTING TERMS OF SERVICE AND:
1. THAT, IN ACCORDANCE WITH SECTION 12, PAGE 5 OF THE MERRILLEDGE SELF-DIRECTED INVESTING CLIENT RELATIONSHIP AGREEMENT, I
AM AGREEING IN ADVANCE TO ARBITRATE ALL CONTROVERSIES THAT MAY ARISE BETWEEN ME AND MERRILL;
2. THAT I HEREBY ACKNOWLEDGE THAT I AM OF LEGAL AGE UNDER THE LAWS OF MY PLACE OF RESIDENCE; AND
3. THAT I ACKNOWLEDGE AND UNDERSTAND THAT NON-DEPOSIT INVESTMENT PRODUCTS ARE PROVIDED BY MERRILLLYNCH, PIERCE,
FENNER & SMITH INCORPORATED (MLPF&S”), A REGISTERED BROKER-DEALER AND WHOLLY OWNED SUBSIDIARY OF BANKOFAMERICA
CORPORATION, AND THAT INVESTMENT PRODUCTS OFFERED THROUGH MLPF&S AND INSURANCE AND ANNUITY PRODUCTS OFFERED
THROUGH ITS SUBSIDIARY, MERRILLLYNCH LIFE AGENCY INC. (I) ARE NOT INSURED BY THE FDIC OR ANY FEDERAL GOVERNMENT AGENCY,
(II) ARE NOT A DEPOSIT OR OTHER OBLIGATION OF, OR GUARANTEED BY, ISSUED OR UNDERWRITTEN BY BANKOFAMERICA, N.A. OR ANY
OF ITS BANK AFFILIATES, (III) ARE SUBJECT TO INVESTMENT RISKS, INCLUDING POSSIBLE LOSS OF THE PRINCIPAL AMOUNT INVESTED,
AND (IV) ARE NOT ACONDITION TO ANY BANKING SERVICE ORACTIVITY;
4. THAT I AFFIRMATIVELY CONSENT TO HAVING MY AVAILABLE CASH BALANCES DEPOSITED OR INVESTED THROUGH THE SWEEP PROGRAM,
IN ACCORDANCE WITH SECTION 14 OF THE MERRILLEDGE SELF-DIRECTED INVESTING CLIENT RELATIONSHIP AGREEMENT AND THAT I
UNDERSTAND THAT I MAY DISCUSS WITH THE INVESTMENT CENTER OTHER OPTIONS THAT ARE AVAILABLE FOR ME TO INVEST CASH,
INCLUDING OTHER CASH MANAGEMENT PRODUCTS.; AND
5. VERMONT LAW REQUIRES THE FOLLOWING: I AUTHORIZE MERRILLAND ITS AFFILIATES TO REQUEST A CONSUMER REPORT OR CREDIT
REPORT ABOUT ME FROM ONE OR MORE CONSUMER REPORTING AGENCIES TO VERIFY THE INFORMATION PROVIDED IN THIS CMA ENTITY
ACCOUNT APPLICATION AND FOR ANY OTHER LEGITIMATE BUSINESS PURPOSES.
6. THAT I ACKNOWLEDGE THAT I HAVE RECEIVED THE FORM CLIENT RELATIONSHIP SUMMARY.
© 2021 BankofAmerica Corporation. All rights reserved. | BRO-11-21-1533 | 11/2021
To learn about BankofAmericas environmental goals and initiatives, go to bankofamerica.com/environment.
Leaf icon is a registered trademark of BankofAmerica Corporation.
Page 8 | MerrillEdge Self-Directed CMA Estate Account Application 471905PM–1121
IV. Banking Features
Check Writing
Checks will be mailed to the
primary address of record.
Would you like to receive new checks?
Yes No
Note: 100 checks are allowed per order if no start number is
selected, a default start number of 101 will be used.
Start Number:
V. Tax Certification and Acknowledgement
THE INTERNAL REVENUE SERVICE DOES NOT REQUIRE MY CONSENT TO ANY PROVISION OF THIS DOCUMENT OTHER THAN THE
CERTIFICATIONS REQUIRED TO AVOID BACKUP WITHHOLDING.
FOR MerrillUSE ONLY: FA/PC Code: 1001
ALL EXECUTORS/ADMINISTRATORS MUST SIGN IN THEIR EXECUTOR/ADMINISTRATOR CAPACITY AND DATE. If this account has more than two
executors/administrators, please make a copy of this page.
Executor/Administrator SignatureExecutor/Administrator Signature
Manager Signature
DateDate
Date
1
Affidavit of Domicile
Merrill Account Number
All the fields provided below are required.
I,
Declarant (your name, or if a corporate fiduciary, show name and title of individual signing, and name and address of corporation)
being duly sworn, depose and state as follows:
I reside at:
Address
City State Zip Code
I am (please check one):
Executor/Executrix
Personal Representative
Administrator/Administratrix
Survivor of Joint Tenancy
Heir at law
Other (please specify)
of , who died on / / .
(Name of Decedent) (MM) (DD) (YYYY)
At the time of death, the decedent’s domicile (legal residence) was:
Address
City State Zip Code
Number of Years the Decedent Resided at This
Address Prior to Death
If the decedent resided in any other state during the three years prior to his or her death, I have listed those
states below.
State State State
This affidavit is made for the purpose of securing the transfer or delivery of property owned by the decedent
at the time of his or her death to a purchaser or persons legally entitled thereto under the laws of the
decedent’s domicile.
Merrill Account Number
Office Use Only
Code 0088 Rev. 0521
2 Code 0088 Rev. 0521
FOR USE IN ALL STATES EXCEPT CA AND FL
Must be signed in the Presence of Notary. Please note that all fields, including the boxes below, must be
completed by the Notary Public or the document will be returned.
X / /
Signature of Declarant Signature Date (MM/DD/YYYY)
THIS JURAT MAY NOT BE USED BY CALIFORNIA NOTARIES. CALIFORNIA NOTARIES ARE TO USE THE
ATTACHED JURAT FOR CALIFORNIA BELOW OR THE JURAT AVAILABLE ON THE CALIFORNIA SECRETARY
OF STATE WEBSITE.
Notarization is Required
State of
County of ,
Subscribed and sworn to (or affirmed) before me on / / ,
(MM) (DD) (YYYY)
by, , proved to me on the basis of satisfactory
(Insert Signors Name, NOT Notary’s Name)
evidence to be the person who appeared before me.
X
Signature of Notary Public (Affix Seal or Stamp)
X
Print Name of Notary Public
Please check one of the following (required): Personally Known OR Produced Identification
Type of Identification Produced
JURAT FOR CALIFORNIA
X / /
Signature of Declarant Signature Date (MM/DD/YYYY)
CALIFORNIA NOTARIES MUST USE THIS JURAT OR THE JURAT AVAILABLE ON THE CALIFORNIA
SECRETARY OF STATE WEBSITE.
A notary public or other officer completing this certificate verifies only the identity of the individual
who signed the document to which this certificate is attached, and not the truthfulness, accuracy,
or validity of that document.
Notarization is Required
State of California County of
,
Subscribed and sworn to (or affirmed) before me on
/ / ,
(MM) (DD) (YYYY)
by, , proved to me on the basis of
(Insert Signor’s Name, NOT Notary’s Name)
satisfactory
evidence to be the person who appeared before me.
X
Signature of Notary Public (Affix Seal or Stamp)
X
Print Name of Notary Public
Please check one of the following (required):
Personally Known OR Produced Identification
Type of Identification Produced
3
© 2021 BankofAmerica Corporation. All rights reserved. | SHEET-05-21-0335 | 05/2021
To learn more about BankofAmerica’s environmental goals and initiatives, go to bankofamerica.com/environment.
Leaf icon is a registered trademark of BankofAmerica Corporation. Code 0088 Rev. 0521
MerrillLynch, Pierce, Fenner & Smith Incorporated (also referred to as “MLPF&S” or “Merrill”) makes available certain investment products sponsored, managed, distributed or
provided by companies that are affiliates of BankofAmerica Corporation (“BofACorp.”). MLPF&S is a registered broker-dealer, registered investment adviser, Member SIPC and a
wholly owned subsidiary of BofACorp.
Investment products:
JURAT FOR FLORIDA
Must be signed in the Presence of Notary. Please note that all fields, including the boxes below, must be
completed by the Notary Public or the document will be returned. This jurat must be used by notaries in Florida.
X / /
Signature of Declarant Signature Date (MM/DD/YYYY)
Notarization is Required
State of Florida County of
Sworn to (or affirmed) and subscribed before me by means of physical presence or online notarization,
this day of , 20 ,
by,
(Insert Signors Name, NOT Notary’s Name)
X
Signature of Notary Public (Affix Seal or Stamp)
X
Print Name of Notary Public
Please check one of the following (required): Personally Known OR Produced Identification
Type of Identification Produced
Are Not FDIC Insured Are Not Bank Guaranteed May Lose Value
Client Relaonship Summary
Eecve March 21, 2022
Access supplemental materials by clicking on the links below or visiting ml.com/relationship s and merrilledge.com/relationships.
Merrill Lynch, Pierce, Fenner & Smith Incorporated (Merrill or we) is registered with the Securities and Exchange Commission
(SEC) as both a broker-dealer and an investment adviser. We are a member of the Financial Industry Regulatory Authority (FINRA)
and the Securities Investor Protection Corporation (www.sipc.org). Our subsidiary Managed Account Advisors LLC (MAA) is also
an -registered investment adviser. SEC
You can access free and simple tools to research firms and financial professionals at investor.gov/CRS. It provides educational
materials about broker-dealers, investment advisers and investing. Brokerage and investment advisory services and fees differ
and it is important for you to understand these differences.
We offer both brokerage and investment advisory services. You choose how you want to work with us:
Work with your dedicated Advisor or
your Merrill Financial Solutions Advisor
Based on who you work with, you
can receive brokerage services for a
per trade charge and/or enroll in a
Merrill investment advisory program to
access managed investment strategies
and other investment solutions and
fiduciary services for an annual asset-
based fee.
Work with a Financial
Solutions Advisor
You can access certain brokerage
services, if eligible, for a per trade charge
and/or enroll in a Merrill investment
advisory program to access, with FSA
assistance and advice, selected managed
investment strategies and related
fiduciary services for an annual asset-
based fee.
Work on a Self-Directed Basis
You can utilize our self-directed
investing brokerage platform ( )
to enter and manage your own
trades for a per trade charge and/or
enroll in Merrill investment advisory
program to access on a self-guided
basis certain managed investment
strategies and related fiduciary
services for an annual asset-
based fee.
MESD
This Client Relationship Summary (CRS) and the Summary of Programs and Services provide an overview of our primary
programs, the types of services we provide and how you pay.
What investment services and advice can you provide me?
BROKERAGE SERVICES
In a Merrill brokerage account (Account), you pay commissions
and other sales fees on a per transaction basis. We may
recommend investments to you, but you make the final decision
to buy, sell or hold them.
From time to time, we may voluntarily review the holdings in your
Account; however, for purposes of Regulation Best Interest, we
do not provide an ongoing monitoring service or monitor your
Account and Regulation Best Interest does not require us to do so.
Depending on the qualifications of your financial advisor and how
you want to work with us, our brokerage services provide you:
Investment recommendations and responses to your trade
instructions and other requests.
Access to investments, research, financial tools, investment
guidance and market education.
Trade execution for purchases and sales of securities and
custody of Account assets.
Margin lending (borrowing against eligible Account assets).
Access to various account types, including the CMA account.
Access to our Cash Sweep Program where uninvested
cash in your Account is “swept” into bank deposit
accounts affiliated with us or into money market
mutual funds.
Cash management services, including direct deposit,
checkwriting, debit cards, and electronic funds transfer.
Our Advisors can provide you access to a wide range of
investment products. Our Merrill Financial Solutions Advisors
(MFSAs) are eligible under our policies to offer a limited set of
investment products to you.
We have Financial Solutions Advisors (FSAs) who provide
brokerage services to existing clients via a call center or in
certain wealth management centers. Enrollment into an
FSA-assisted Account is restricted. You can obtain brokerage
services on a self-directed basis through our Merrill Edge
Self Directed program (MESD), where you will not receive
recommendations.
Our Best Interest Disclosure Statement provides material facts
about a brokerage Account, including fees, material limitations
we place on our offerings and conflicts of interest.
Merrill Lynch, Pierce, Fenner & Smith Incorporated (also referred to as “MLPF&S” or “Merrill”) makes available certain investment products sponsored, managed, distributed, or provided by companies that
are affiliates of Bank of America Corporation (“BofA Corp.”). MLPF&S is a registered broker-dealer, registered investment adviser, Member SIPC and a wholly owned subsidiary of BofA Merrill Lynch Life
Agency (“MLLA”) is a licensed insurance agency and a wholly owned subsidiary of BofA Inc.
Corp.
Corp. Banking products are provided by Bank of America, N.A., Member FDIC and a wholly owned subsidiary of BofA
Corp. Investment products offered through MLPF&S, and insurance and annuity products offered through : MLLA
Are Not FDIC Insured Are Not Bank Guaranteed May Lose Value
Are Not Deposits Are Not Insured By Any Federal Government Agency Are Not a Condition to Any Banking Service or Activity
Page 1
What investment services and advice can you provide me? (continued)
INVESTMENT ADVISORY SERVICES
Merrill offers a variety of investment advisory programs
(IA Programs). Each IA Program is described in an IA Program
brochure available at ml.com/relationships and
merrilledge.com/relationships. The IA Program brochures
provide material facts about the program, including fiduciary
services, pr ogram fees and conflicts of interest.
When you enroll in one of our IA Programs, we act as your
investment adviser in providing you the services described
in that IA Program's client agreement and brochure. These
services include advice and guidance, access to investment
strategies and certain brokerage and custody services,
among others. We provide ongoing monitoring for an
account enrolled in an IA Program as described in its brochure.
You pay an asset-based fee and not on a per trade basis.
MAA provides discretionary services in certain IA Programs. It
invests assets by implementing investment strategies of Merrill
and/or third-party managers selected for your IA Program
account. It also processes contributions and withdrawals and
provides other services.
In certain IA Programs, you can choose to make investment
decisions yourself and/or to grant us or a manager discretion
or authority to make investment and trading decisions for your
account on your behalf. Discretion is triggered when you grant
it and remains in effect until you revoke it.
The range of investment solutions that you can access depends
on the IA Program you select and whether you are working
with an Advisor or MFSA whom you have selected, working
with one of our FSAs, or working on a self-guided basis. Our
IA Programs for retail investors are:
Merrill Lynch Investment Advisory Program (IAP). You receive
investment advice and guidance from your Advisor or your
MFSA, as the case may be. Depending on their qualifications, you
will have the ability to choose among third-party managed and
Merrill-managed investment strategies. In addition, if you work
with an Advisor, you have access to invest in individual securities,
including equities, debt and fund securities. In addition, you
can choose to delegate investment and trading discretion to
your Advisor for your Account or retain investment discretion.
Strategic Portfolio Advisor Service (SPA). By enrolling in ,
you have access to investment advice from your Advisor and
the ability to access investment strategies offered by third-
party managers under a separate contract.
SPA
Managed Account Service (MAS). MAS provides you with the
ability to select under a separate contract certain investment
strategies of third-party managers not offered in our other
IA Programs. We do not provide advice or recommendations
about this selection.
Merrill Guided Investing with Advisor (MGI with Advisor). This
IA Program offers you access to invest in certain investment
strategies managed by Merrill. You select Merrill-managed
strategies through an online, interactive website with the
advice and guidance from your MFSA or from an FSA.
Merrill Edge Advisory Account (MEAA). is a legacy program
that offers existing and certain new clients access to certain
Merrill-managed investment strategies with advice and guidance
from your MFSA or an FSA. It is very similar to MGI with Advisor.
MEAA
Merrill Guided Investing (MGI). MGI provides access to a set of
Merrill-managed investment strategies through an online, self-
guided interactive website.
Institutional Investment Consulting (IIC). This program provides
specified investment portfolio services to the investment
portfolios of -eligible clients. IIC
All of these IA Programs have differing service and relationship
approaches and requirements. Certain of the same managed
investment strategies are available in several of our IA Programs.
You should evaluate which IA Program is right for you
considering the following: your investment profile; your
preferences on working either with a dedicated Advisor
or MFSA whom you select, with an FSA, or on a self-guided
basis; the scope of the capabilities of your Advisor, MFSA or
FSA, as
the case may be, and the limitations, if any, on their
services; the nature of the IA Program services; the types of
IA Program services you want; the investment solutions
available in each IA Program; and the IA Program fees.
FOR BOTH BROKERAGE AND INVESTMENT ADVISORY SERVICES
We make a wide variety of investment products and
investment solutions available to you for investment based on
factors such as account limitations, eligibility and our product
approval process. In addition, not all of our financial advisors
can offer all available products, particularly MFSAs.
The investment options available to brokerage and IA Program-
enrolled accounts include products that are sponsored or
managed by product providers unrelated to us. There are a
limited number of products in which we or our affiliates have
an interest. For certain products, we require that the product
provider or sponsor enter into distribution agreements with
us and, in certain cases, they must agree to make payments
to us for revenue sharing, sub-accounting services and for
compensation purposes. These material limitations are further
described in the Best Interest Disclosure Statement.
Merrill utilizes its own broker-dealer capabilities and those
of Bank of America Securities, (BofAS) and other related
entities to provide you with certain investment products and
services, including trade execution, access to research and cash
management services.
Inc.
For a CMA Account, there is a minimum funding of $20,000 in
cash and/or securities (with a $2,000 minimum for a subaccount).
This does not apply to an account enrolled in MGI, MGI with
Advisor, or an account. Certain investment products
and IA Programs are subject to minimum investment amounts
detailed in offering materials and IA Program brochures.
MESDMEAA
Not all account type options provide the services described in
this CRS.
Page 2
Certain products have built-in fees and expenses (described in
their offering materials) that the product manager or sponsor
charges for services, portions of which may be paid to us.
Questions you can ask us about our services: • Given
my financial situation, should I choose an investment
advisory service? Should I choose a brokerage service or
both types of services? Why or why not? • How will you
choose investments to recommend? • What is your relevant
experience, including your licenses, education and other
qualifications and what do they mean?
What fees will I pay?
FEES IN A BROKERAGE ACCOUNT
You will pay a fee for each transaction in a brokerage
account. The types of fees you pay are known as, for example,
commissions, mark-ups, mark-downs or sales charges.
These fees can be a direct payment from you. For certain
investment pr oducts, the product sponsor or the manager
will pay the fees and costs to us based on the value of your
investment.
Brokerage transaction fees vary from product to product.
The Best Interest Disclosure Statement includes an overview
of brokerage fees and other Account charges. Certain fee
information is also found by accessing the materials listed on
page 4 of this CRS. An overview of the MESD brokerage fees
and charges is available at merrilledge.com/pricing.
The trade confirmation you receive will provide the amount
of the fees charged for the transaction. The offering materials
available for certain types of investment products provide
information about the fees and costs of those products.
The more trades that you make in your brokerage
account, the more we and/or your financial advisor get paid,
giving us a financial incentive to encourage transactions in
your Account.
FEES IN AN IA PROGRAM-ENROLLED ACCOUNT
You pay us an IA Program fee that covers investment advisory
services, trade execution and custody at Merrill. The IA
Program fee is based on the value of the assets in your
account at the annualized fee rates listed below:
IAP: If you work with an Advisor: a Merrill fee rate agreed to
with your Advisor (max 1.75% effective May 1, 2022) and an
IAP strategy manager fee rate (if applicable). If you work with
an MFSA: a Merrill fee rate (max 1.10%) and an IAP strategy
manager fee rate (if applicable).
SPA:
A Merrill SPA rate agreed to with your Advisor (max
1.50%) and a SPA manager fee rate.
MAS: A MAS rate agreed to with your Advisor (max 1.80%) for
Merrill services and a MAS manager fee rate.
MGI with Advisor and MEAA:
A fee rate of 0.85%.
MGI: A fee rate of 0.45%.
IIC: A rate agreed with your Advisor (max 0.45%).
The IA Program fee for IAP, SPA, MAS and are negotiable.
Depending on the IA Program, the fee is paid monthly or
quarterly. The relevant IA Program brochure available at
IIC
ml.com/relationships provides more detail about the fees and
costs you may incur.
The more assets there are in your IA Program-enrolled
account, the more you will pay in fees, giving us a
financial
incentive to encourage you to increase the assets
in y our account.
ADDITIONAL FEE INFORMATION
We (through your Advisor or your MFSA, but not FSAs) may
discount or waive certain transaction fees and charges based
on our discount or waiver requirements. You may also qualify
for a discount or waiver according to applicable reward and
rebate programs.
Certain brokerage and IA Program services, as well as
investment products, may only be provided by Advisors,
MFSAs and FSAs who meet qualifications and training
requirements.
You will pay fees and costs whether you make or lose money
on your investments. Fees and costs will reduce any amount
of money you make on your investments over time. Please
make sure you understand what fees and costs you’re paying.
What are your legal obligations to me when
providing recommendations as my broker-dealer or
when acting as my investment adviser?
How else does your firm make money and what
conflicts of interest do you have?
STANDARD OF CONDUCT AND CONFLICTS OF INTEREST
When we provide you with a recommendation as your
broker-dealer or act as your investment adviser, we have to
act in your best interest and not put our interest ahead of
yours. At the same time, the ways we and our affiliates make
money create some conflicts with your interests. You should
understand and ask us about these conflicts because they
can affect the recommendations and investment advice we
provide you. Here are some examples of conflicts to help you
understand what this means:
Affiliate benefits. Our affiliates receive compensation and/or
economic benefits in connection with certain of the services
provided and certain investment products that we recommend
or make available to you.
Third-party payments for services. We receive compensation
from certain product sponsors for the sub-accounting
and shareholder services we provide them. We also have
agreements with certain product sponsors to pay us marketing
support and other revenue sharing payments under certain
circumstances. Product sponsors share in the costs of certain
educational meetings for clients and our employees, including
Advisors, MFSAs and FSAs.
Principal trading. Some of your securities transactions will
be executed with our affiliate BofAS. BofAS makes money
when executing your securities transactions as well as when
acting as an underwriter for new issue offerings of securities
offerings for corporate issuers.
Page 3
For other conflict information, please review our Best Interest
Disclosure Statement and/or our IA Program brochures at
ml.com/relationships and merrilledge.com/relationships.
Questions you can ask us about fees and conflicts:
Help me understand how these fees and costs might
affect my investments. If I give you $10,000 to invest,
how much will go to fees and costs, and how much will be
invested for me? • How might your conflicts of interest
affect me and how will you address them?
How do your financial professionals make money?
We determine Advisor, MFSA and FSA compensation and
the eligibility rules for the offering of brokerage services,
IA Program services and certain investment products. This
determination is based on the experience of the person,
the time and complexity required to meet a client’s needs,
the products sold andproduct sales commissions, and other
factors such as client and asset acquisition and the revenue
we earn.
Compensation payments present a conflict of interest. For
brokerage services, the conflict arises based on the type and
frequency of transactions in your Account. For IA Programs,
the conflict arises based on the compensation we make due to
your enrollment in a fee-based program and the fee that you
agree to or are charged.
BROKERAGE COMPENSATION
Advisors are primarily compensated based on commissions
and other types of transaction fees and service charges
related to transactions in your brokerage Account. Advisor
compensation is based on what we charge you for executing
your trade and what we receive from product sponsors for the
sale of their products, where applicable.
Certain products have higher transaction fees and service
charges than other products. An Advisor will receive more
compensation for selling certain products over other products
and this is a conflict of interest.
MFSAs and FSAs who provide brokerage services are
compensated through a salary and performance-based
incentive compensation.
INVESTMENT ADVISORY COMPENSATION (IA Programs)
Advisors who are qualified to offer IAP, SPA and MAS receive
a portion of the particular IA Program fee as compensation,
subject to certain policy requirements. MFSAs (who may offer
IAP as to certain managed strategies and MGI with Advisor
or MEAA) and FSAs (who offer MGI with Advisor or MEAA)
receive compensation in the form of salary and incentive
compensation that is not based on the IA Program fees
associated with IA Program-enrolled Accounts.
OTHER COMPENSATION INFORMATION
Advisors, MFSAs and FSAs may receive awards for asset
gathering efforts and meeting performance goals during the
year and share in fees charged for services provided to you by
us and companies related to us as referral payments. Advisors
who join Merrill from other firms are eligible to receive
additional payments based on the revenues generated from
accounts they manage at particular points in time.
Do you or your financial professionals have
legal or disciplinary history?
Yes. Please visit Investor.gov for a free and simple tool to
search us and our financial professionals.
Additional Information
For the latest copy of this disclosure, go to ml.com/CRS. To
receive a paper copy free of charge, you may call your Advisor,
MFSA or FSA, as the case may be, or call us at 800.637.7455.
For a copy of Best Interest Disclosure Statement, go to ml.com/
bestinterestdisclosure or obtain a paper copy from your Advisor,
MFSA or an FSA free of charge or call us at the number above.
We provide you with additional transaction information
through other documents such as trade confirmations,
prospectuses, offering materials and account statements.
Certain client agreement forms and the materials listed below
are available by clicking the blue highlighted words or by going
to ml.com/relationships and merrilledqe.com/relationships.
Summary of Programs and Services
Best Interest Disclosure Statement
IA Program Brochures
List of Account Types
Merrill Explanation of Fees
Merrill Edge Explanation of Fees
Merrill Schedule of Miscellaneous Account and
Service Fees
Merrill Edge Schedule of Miscellaneous Account and
Service Fees
Sweep Program Guide
Mutual Fund Investing
Offshore Mutual Fund Investing
Questions you can ask us: • As a financial professional,
do you have any disciplinary history? For what type of
conduct? • Who is my primary contact person? Is he
or she a representative of an investment adviser or a
broker-dealer? • Who can I talk to if I have concerns
about how this person is treating me?
2022 Bank of America Corporaon. All rights reserved. | M03212022C | Eecve March 21, 2022
Page 4
Merrill Edge
®
Self-Directed Investing
Client Relationship Agreement
Terms and Conditions
1. Introduction
We have prepared the MerrillEdge® Self-Directed Investing Client Relationship
Agreement (hereinafter referred to as the “MerrillEdge Self-Directed CRA” or
“thisAgreement”) in order to help you understand your relationship with
MerrillEdge Self-Directed Investing. This Client Relationship Agreement
("Agreement"), and the agreements for the various products and services
offered by MerrillEdge Self-Directed Investing, details the nature of the mutual
obligations for services you are about to use and those services you may
choose to use in the future.
MerrillEdge Self-Directed Investing (also referred to herein as “MESD”)
isthe marketing name for certain brokerage services offered to clients
on aself-directed basis through MerrillLynch, Pierce, Fenner & Smith
Incorporated (“Merrill”).
We have provided you with a copy of the Client Relationship Summary (“Form
CRS“) either online via the Online Account Opening process or as part of the
MESD application packet.
You should review the Form CRS to understand the scope of services that
we can provide you at Merrill and key information about our brokerage and
investment advisory programs.
Merrill offers its products, accounts and services through different service
models (e.g., self-directed or full-service). Based on the service model, the
same or similar products, accounts and services may vary in their prices or fees
charged to a client. The Summary of Programs and Services, as well as the
Form CRS, outline these different programs and are included during the Online
Account Opening process or as part of the MESD Application Packet.
Future account disclosures may be delivered to you via the internet, including
as a message at the Secure Message Center. In certain cases, future account
Disclosures may be delivered via statement message, statement insert or
stand-alone letter.
When you agree to the terms of this Agreement, you are agreeing that its
terms will apply to all of your MESD accounts, transactions and services.
If you have any concerns about the services you receive under these terms and
conditions, please contact MerrillEdge Self-Directed Investing at 877.653.4732.
What to do if you have a problem
We sincerely hope to service your account in such a manner that problems
will never occur. However, errors, misunderstandings or disputes can occur,
and we want to resolve them promptly and fairly.
Reviewing your confirmations and statements Please review your
confirmations and account statements promptly and let us know if there is
any discrepancy in terms of transactions or deposits or withdrawals of either
funds or securities.
Whom to contact If your concerns cannot be resolved or have not been
properly addressed, you may contact Merrill Compliance at 609.274.4040,
orin writing at P.O. Box 1520, Pennington, NJ 08534-1520.
2. Overview of MerrillEdge Self-Directed Investing
MerrillEdge Self-Directed Investing is designed for U.S.-based investors
who wish to make their own investment choices in a MerrillLynch, Pierce,
Fenner&Smith Incorporated brokerage account.
Neither Merrill, nor MESD, nor any Merrill or MESD representative, will provide
you with investment advice, including any recommendations, or offer any
opinion regarding the suitability of any security, order, transaction, or strategy
in a MerrillEdge Self-Directed Investing Account, or monitor your investment
or the appropriateness of your account or service level, or alert you to any
recommended change to your investments, investment accounts, or services.
Neither Merrill nor MESD, nor any Merrill or MESD representative, will provide
any tax or legal advice.
No Merrill Research opinion, Independent Research opinion, the inclusion
of a security on any list, or any information provided to you either on
the MerrillEdge website or by mail or any other means constitutes a
recommendation to you to purchase, hold or sell any investment.
By entering into this Agreement, you agree that any transactions executed
through your MerrillEdge Self-Directed Investing Account, whether based on
information obtained from Merrill or elsewhere, will be solely your own decision
and based on your own evaluation of your personal financial situation, needs,
and investment objective(s).
In addition to retaining the sole responsibility for investment decisions, you
understand and agree that you are responsible for knowing the rights and
terms of all securities in your account, specifically including valuable rights
that expire unless the holder takes action. This includes, but is not limited to,
warrants, stock rights, convertible securities, bonds, and securities subject
toa tender or exchange offer. You understand and agree that Merrill accepts
no obligation to notify you of any upcoming expiration or redemption dates, or,
except as required by applicable law or regulation, to take any action on your
behalf without specific instructions from you. You also agree that all dividends
and interest payments credited to your account shall accumulate rather than
be paid to you upon receipt, but shall be subject to your withdrawal from time
to time upon request for a check or other funds transfer.
Notwithstanding the foregoing, in its capacity as an investment adviser Merrill may
provide investment advice or recommend securities transactions or investment
strategies to you within certain investment advisory programs. To enroll in
such an investment advisory program, such as the Merrill Guided Investing
Program, you may be required to establish and maintain a MerrillEdge Self-
Directed Investing Account. Merrill acts as an investment adviser and not
a broker-dealer for the investment advisory services provided within these
investment advisory programs. To the extent that Merrill provides investment
advice or recommends any securities transactions or investment strategies
to you within any such investment advisory program, you understand and
agree that Merrill does so in its capacity as an investment adviser and not as a
broker-dealer. You will be required to enter into a separate agreement with Merrill
and its affiliates to participate in an investment advisory program. Pursuant to
Section 5a of this MerrillEdge Self-Directed CRA, the terms governing any such
investment advisory program will control if there are any inconsistencies with
the terms of this MerrillEdge Self-Directed CRA. If your account serves as the
securities account for a Merrill investment advisory program, certain features
of MerrillEdge Self-Directed Investing, such as the Margin Lending Program,
check writing, and Visa cards, may not be available to you. If your account serves
Page 1 | MerrillEdge Self-Directed Investing Client Relationship Agreement Code 422000PM-1220
as the securities account for a Merrill investment advisory program and if,
for any reason, you terminate from the investment advisory program without
transferring the securities and assets out of your account, your account will be
a MerrillEdge Self-Directed Investing Account without any investment advisory
relationship. As such, and as explained more fully in the preceding paragraphs,
neither Merrill, nor any Merrill representative, will provide any investment advice
or give any advice or offer any opinion regarding the suitability of any security,
order or transaction in a MerrillEdge Self-Directed Investing Account.
Additionally, to the extent that you maintain other accounts or relationships
with Merrill or its affiliates under which you do receive investment advice or
management from us or our affiliate, you agree not to implement such advice
in the account.
If you do not feel comfortable with self-directing your retirement assets or
would otherwise like to learn more about the benefits of our management
and advisory services and programs for Retirement Investors, please contact
MerrillEdge Self-Directed Investing at 877.653.4732.
3. Definitions
For the purpose of this Agreement, “you” and “your” refers to each person who
has agreed to the terms in this Agreement. “Merrill,” “we,” “our” and “us” refer
to MerrillLynch, Pierce, Fenner & Smith Incorporated, a registered broker-dealer
and a wholly owned subsidiary of BankofAmerica Corporation. “Account” refers
to any securities account you open with Merrill.
In the case of an entity, “you” and “your” refers to the entity, and by enrolling
the entity agrees that access to MerrillEdge Self-Directed Investing shall be
restricted to Authorized Representatives (as defined in the account agreement)
for such entity and that the entity will be liable for all acts or omissions of such
Authorized Representatives.
For the purpose of this Agreement, MerrillEdge Self-Directed Investing
(“MESD), which is made available through MerrillLynch, Pierce, Fenner & Smith
Incorporated (“MLPF&S”), refers to certain brokerage services offered to clients
on a self-directed basis through MerrillLynch, Pierce, Fenner & Smith Incorporated
(“Merrill) and which are the subject of this Agreement.
For purposes of the Margin Lending Program and Liens sections described
below, “securities and other properties” means, without limitation, money,
securities, financial instruments and commodities of every kind and nature and
related contracts and options held in any of your accounts carried or maintained
by Merrill or any of its affiliates in which you may have an interest.
4. How the MerrillEdge CRA works
This Agreement provides you with access to a range of accounts, Products and
Services. When you agree to the terms of this Agreement, you’re agreeing that
its terms will apply to all of your MESD accounts, transactions and services
while you are an MESD client.
In particular, you agree:
You will resolve any controversies with us through arbitration.
We have a lien on your non-retirement accounts and assets in those
accounts for the payment of any obligation you have with us.
New York law governs your agreements and transactions, unless we
indicateotherwise.
Merrill has the right to amend this Agreement at any time with advance
notice in writing. Any amendments will be effective on the date specified in
the notice.
Merrill may in its sole discretion and without notice to you, to the extent
permissible under applicable law and other governing documents applicable
to your account, decline, cancel or reverse your orders or instructions, or
place trading, disbursement and other restrictions on any of your accounts.
If you’re enrolled in the Margin Lending Program, you agree and
understandthat:
You may borrow money from Merrill secured by a pledge of your eligible
securities and other property in your account.
You will be charged interest on debit balances at a rate permitted by the
laws of the state of New York.
Certain securities in your account may be loaned to Merrill or others to the
extent not prohibited by applicable laws, rules or regulations.
Limits may be placed on your ability to buy, sell, transfer and hold certain
securities, like low-priced securities, as identified by Merrill.
If you’ve requested a Visa® Card, you agree that:
Merrill is authorized to issue you the Visa® Card you requested for use with
eligible accounts, and you understand that Merrill or an affiliate may obtain
a credit report due to your request.
If you’re establishing your relationship in a joint capacity, you agree that:
Any joint accounts you open in the future held by the same owners will
have the same ownership designation you establish on this Agreement,
unless you notify us otherwise in writing.
If you are the custodian of an account opened under the Uniform Transfers to
Minors Act (UTMA) or the Uniform Gifts to Minors Act (UGMA) as adopted by
any jurisdiction, you agree to comply with all requirements of the applicable
UTMA or UGMA law, including but not limited to the requirements that you
(i) expend the UTMA or UGMA account assets only for the use and benefit of
the minor named on the account (the “Minor), and (ii) upon the earlier of the
Minor’s attainment of the applicable termination age or the Minor’s death,
transfer the UTMA or UGMA account assets to the Minor or to the Minor’s
estate. Merrill shall not have any responsibility to make sure that you properly
perform your duties as custodian.
You agree that once Merrill has reason to believe that the Minor has reached
the termination age under applicable law, Merrill may, but is not obligated to,
take any or all of the following actions with respect to the UTMA or UGMA
account without further consent from you:
limit trading in the UTMA or UGMA account to liquidating orders;
prohibit further deposits into the UTMA or UGMA account;
restrict withdrawals or transfers from the UTMA or UGMA account other
than to the Minor;
communicate with the Minor or the Minor’s legal representative regarding
the UTMA or UGMA account including, but not limited to, providing periodic
account statements and tax statements to the Minor or Minor’s legal
representative;
accept liquidating orders from the Minor; and
deliver the UTMA or UGMA account assets to the Minor.
Attention Guardians and Conservators for Minors
If you are a fiduciary such as a guardian or conservator of an account opened
for a minor, you agree that you shall (i) expend the account assets only for the
use and benefit of the minor named on the account (the “Minor), as directed
by the Court or as provided pursuant to applicable state law, and (ii) within a
reasonable time after the Minor’s attainment of the age of majority or other
age specified by state law or court order, deliver the account assets to the
Minor, or as directed by court order. Merrill shall not have any responsibility
to ensure that you properly perform your duties as fiduciary, but may request
copies of any applicable court orders.
You agree that once Merrill has reason to believe that the Minor has reached
the age of majority or other age specified by state law or court order, Merrill
may, but is not obligated to, take any or all of the following actions with respect
to the account without further consent from you:
limit trading in the account to liquidating orders;
prohibit further deposits into the account;
restrict withdrawals or transfers from the account other than to the Minor;
seek clarification and/or direction from the appointing court at your expense
or the Minor’s expense;
communicate with the Minor or the Minor’s legal representative regarding
the account including, but not limited to, providing periodic account
statements and tax statements to the Minor or Minor’s legal representative;
accept liquidating orders from the Minor; or
deliver the account assets to the Minor.
Page 2 | MerrillEdge Self-Directed Investing Client Relationship Agreement Code 422000PM-1220
Further, if the Minor dies prior to attaining the age of majority, you agree to
deliver the account assets as set forth pursuant to applicable state law or as
directed pursuant to court order.
The specific provisions on these topics are set forth in detail below. If you
trade and hold non-U.S. issued securities, you agree and acknowledge that:
Merrill or its affiliates may be required to disclose customer names and other
identifying information, including but not limited to Social Security number
or tax identification number, to regulators (including taxing authorities) and/
or issuers to comply with local law and/or customs and practice. For example,
we may be required to provide personal information in order to meet local
regulations that require the submission of investor names to the local stock
exchange, or an issuer may request residence and taxpayer identification
information in order to obtain favorable tax treatment, such as lower
withholding rates, for shareholders.
For clients who trade and hold shares of Italian companies whose equity
securities are traded in any regulated market:
If you hold shares of Italian companies whose equity securities are
traded in any regulated market, you hereby represent that you only hold
Non-Qualified Equity Investments” (Partecipazioni Non Qualificate).
You agree, and acknowledge that it is your responsibility, to immediately
inform Merrill if this representation is inaccurate or untrue or if it becomes
inaccurate or untrue.
a) Read and understand English
You acknowledge that (i) you can read and fully understand English; (ii) that
written documents, agreements, and information (collectively referred to
as “Materials”) concerning your relationship with Merrill, including but not
limited to products, services, transactions, and other account details, will
typically be provided to you in English; and (iii) on occasion we may provide
certain Materials to you in Chinese, Spanish, or Portuguese, asapplicable.
關注客戶
變化的通知在其自己的與MLPF &S的關係
您承认(i)
你可以阅读并完全理解英语
;
(ii)有关与美林(Merrill Lynch)
的关系的书面文件
协议
以及信息(统称为“材料”)
包括但不限于产
服务
交易
和其他帐户细节
通常会以英语向您提供
(iii)有时出
于尊重
我们可能会向您提供某些非英文的翻译材料
Atención a Nuestros Clientes:
Notificación de cambios en la relación de su cuenta con MLPF&S
Ud. reconoce que (i) puede leer y entender el idioma inglés a cabalidad;
(ii) que, en general, todos los documentos escritos, contratos y demás
información (denominada, en conjunto, como “Materiales”), que tengan que
ver con la relación que sostiene con Merrill, incluyendo pero sin limitarse a
los productos, servicios, transacciones y demás detalles relacionados con su
cuenta le serán entregados en el idioma inglés; y (iii) en ocasiones, podremos
entregarle traducciones de ciertos materiales a otros idiomas distintos al
inglés, como un gesto de cortesía hacia Ud.
Atenção, todos os clientes: Notificação das mudanças realizadas nos
contratos de suas contas com MLPF&S:
Você declara que (i) pode ler e compreender o idioma inglês perfeitamente;
(ii) que aceita que, em geral, todos os documentos escritos, os contratos e as
outras informões (juntamente designados “Materiais”), que tenham a ver
com a relação que você manm com a Merrill, inclusive, mas sem se limitar
a, os produtos, serviços, transações e outros detalhes relacionados a sua
conta sejam entregues em idioma inglês; e que (iii), em ocasiões, poderemos
entregar traduções de alguns materiais em outros idiomas diferentes do
inglês, como gesto de cortesia para você.
b) New accounts and services
When you open a new account or enroll in a service, or convert all or part of
an existing Merrill account to MESD, we will provide you with the agreement
and any disclosures for that account or service and confirm your enrollment
in that account or service in writing. Those agreements and disclosures
are incorporated by reference. This means that your initial signature acts
as your agreement to the terms of the new account or service. As a result,
in many cases, you will not need to sign an additional account agreement
orotherform.
For example, if you enroll in the MerrillEdge® Self-Directed Investing Cash
Management Account® (CMA® account) financial service, the disclosures and
account agreement for that service are incorporated in this Agreement. We will
provide those documents to you when you enroll.
The terms governing a specific account or service will control if there are any
inconsistencies with the terms of this MerrillEdge CRA. If you are establishing
a joint account with this Agreement, you must designate how the account is to
be held by the owners of the account.
Eligible joint account designations include:
JTWROS Joint Tenancy With Right of Survivorship;
TIC Joint Tenancy Without Right of Survivorship, also known as Tenants
in Common;
ATBE As Tenants by Entirety (for married persons, only in states where
applicable);
COMMPROP Community Property for married persons, only in states
where applicable;
CPWROS - Community Property With Right of Survivorship for married
persons, only in states where applicable;
WI MAR PROP Wisconsin Marital Property, for married residents of
Wisconsin only; and
WI SURV MAR PROP Wisconsin Survivorship Marital Property, for married
residents of Wisconsin only.
You hereby agree that, unless you notify us otherwise in writing, all subsequent
joint accounts opened with Merrill by the same owners shall be held by such
owners with the same ownership designation. All joint accounts are subject to
the specific provisions pertaining to joint accounts contained in the applicable
account agreements. Joint ownership of property is an important element
of estate planning and entails important legal and tax consequences. Joint
ownership laws vary from state to state. You are responsible for verifying that
the joint registration that you select for your account(s) is valid in your state.
In addition, state laws regarding community property vary. Please consult your
attorney if you have any questions regarding the joint ownership or community
property laws that may be applicable to your account(s).
c) Additional signatures
You may need to sign more than one MerrillEdge Self-Directed CRA. Thiswill
be required if you want to open an account in a capacity other than as an
individual,” including as a:
Trustee of a trust;
Personal representative or executor of an estate; or
Guardian.
We may also require you to sign additional agreements or other documents
forcertain services or instructions, including:
Selecting beneficiaries for an individual retirement account;
Selecting the ownership of a joint account;
Selecting beneficiaries of an account with the transfer on death service;
Options trading;
Financial planning;
Managed money services; and
Services involving the transfers of money or securities.
d) Retirement account beneficiaries
Your signature is required to designate or change beneficiaries to receive the
balance of your account upon your death. If you do not do so, your account
balance will be paid to your spouse, if he or she survives or, if not, to your estate.
e) Amendments
You agree that Merrill has the right to amend this MerrillEdge Self-Directed
CRA at any time by providing notice of the amendment to you. The amendment
will be effective on the date contained in the notice.
Page 3 | MerrillEdge Self-Directed Investing Client Relationship Agreement Code 422000PM-1220
5. Customer information and due diligence
Merrill, like all U.S. financial institutions, is required to follow federal regulations
to assist the government in its efforts to fight money laundering and other
financial crimes, and to counter terrorist financing efforts in the U.S. and
globally. Merrill obtains specific personal information from you in order to
verify your identity; and you may be required to present documentary evidence
of your identity in the form of government-issued identification. Merrill also
uses third-party vendors to verify customer information. Foreign nationals
who are permanent legal residents of the U.S. may be required to present a
Permanent Resident Card (i.e., “green card) anda SocialSecurity number to
open an account in a U.S.-based Merrill office. Non-individuals (e.g.,a business,
trust or estate) must submit sufficient evidence of legalstatus.
In addition to verifying the identity of our customers, Merrill captures personal
information on all customers and related authorized parties who have the
ability to transact, control, influence or manage an account, whether directly
or indirectly. Merrill, at its discretion, may elect not to accept an account,
or to terminate the account agreement and the account agreements of any
relatedparties.
6. Margin lending
If any account is established with the Margin Lending Program, you understand
and agree that:
You may borrow money from Merrill secured by a pledge of your eligible
securities and other property in your account;
You will be charged interest on debit balances at a rate permitted by the laws
of the state of New York;
Certain of your securities may be loaned to Merrill or loaned out to others;
and
You are bound by the terms of the agreement for the Margin Lending service.
Further, in return for extending credit to you under the Margin Lending
Program, you acknowledge and agree that we may lend, either to Merrill
or to others, the securities in your account (along with all attendant rights
of ownership), to the extent not prohibited by applicable laws, rules and
regulations. Please refer to the terms for the Margin Lending Program in the
MerrillEdge Self-Directed Cash Management Account Disclosures and Account
Agreement for more detail.
7. Liens
All of your securities and other property in any account margin or cash
inwhich you have an interest, or which at any time are in your possession
or under your control other than retirement accounts, such as IRAs, shall be
subject to a lien for the discharge of any and all indebtedness or any other
obligations you may have to Merrill. Securities and other property held in
retirement accounts, such as IRAs, are not subject to this lien, and are not used
as security for the payment of your obligations or indebtedness for other
non-retirement accounts cash or margin you maintain with Merrill. You
agree that Merrill holds all of your securities and other property in margin or
cash accounts, other than retirement accounts, as security for the payment
of any such obligations or indebtedness to Merrill in any account in which
you have an interest. Merrill, subject to applicable laws, may at any time
and without giving you prior notice, use and/or transfer any or all securities
and other property in any account in which you have an interest other than
retirement accounts, without regard to Merrill having made any advances in
connection with such securities and other property and without regard to the
number of accounts you may have with Merrill. Inenforcing the lien, Merrill, at
its sole discretion, may determine which securities and other property are to be
sold or which contracts are to be closed.
8. Governing law
Unless otherwise specified, your agreements and transactions with Merrill will
be governed by and interpreted under the laws of the State of New York.
You may not use your account or relationship to the firm to process transactions
that are prohibited by law, including, but not limited to, restricted transactions
prohibited by the Unlawful Internet Gambling Enforcement Act of2006.
9. Compliance with applicable laws
You represent that you and any beneficial owner(s), if acting in a representative
capacity, have complied, and you agree that you and any such beneficial
owner(s) will comply for so long as your account(s) remain(s) open, with all
applicable laws (including obligations related to tax payments and reporting
and to currency exchange controls) related to (i) the assets deposited, acquired
or otherwise held in any securities account held at Merrill now or in the future,
or (ii) any other transaction you enter into with Merrill or its affiliates. You
further agree and acknowledge that you and any beneficial owner(s) if acting
in a representative capacity are responsible for timely paying any taxes owed
to any tax authority, and for timely filing all relevant tax returns in relation to
assets held in any securities account held at Merrill nowor in the future, or any
other transaction you enter into with Merrill oritsaffiliates.
10. Special Provisions for FDIC Deposit Insurance Coverage
If you have opened a Merrill account that holds bank deposits on your behalf
or on behalf of the beneficial owners of the assets in the account, you, as
the account holder or representative, must be able to provide information, in
the event of adverse circumstances, about your ownership of the deposits or
information regarding the interests of the beneficial owner(s) or beneficiaries
to Merrill in accordance with the FDIC’s requirements.
In the event of adverse circumstances, you agree to:
Cooperate fully with us and the FDIC in connection with determining the
insured status of funds in such accounts at any time;
Provide promptly the necessary data in the required format.
In the event of bank failure, the FDIC would be appointed as receiver and a hold
would be placed on your account so that the FDIC can conduct the deposit
insurance determination; that hold will not be released until the FDIC obtains
the necessary data to enable the FDIC to calculate the deposit insurance. You
understand and agree if you do not provide the necessary data to Merrill in
a timely manner, it may result in a delay in receipt of insured funds and your
ability to transact with these funds.
11. Fees
You agree to pay your account fees, service fees, processing and other fees for
the transactions and other services you receive from Merrill. You understand
that these fees will be charged to your accounts. Current information about
the fees that apply to your account is available under the “Online investing
and trading” tab at: www.merrilledge.com/pricing. You agree that Merrill
may satisfy any amounts you owe to Merrill from available free credit
balances and assets in your account. If necessary, Merrill is permitted to sell
assets in your accounts to pay those amounts due. You agree that you have
reviewed the schedule of fees applicable to your MESD Account, including
account fees, service fees, processing and other fees for the transactions
and services applicable to your account, and believe them, in addition to any
third-party compensation that we may receive with respect to your account
or transactions engaged in by your account discussed more fully below, to
be reasonable compensation to us in light of the totality of services we may
provide with respect to the account.
a) Securities transactions
When you purchase or sell securities, you may pay for each securities transaction
on a per trade basis. This is called transaction-based pricing. Under this type
of pricing, you are charged a commission or other compensation for each
transaction. This compensation varies based on a number of factors, such as
your relationship with Merrill and BankofAmerica, the type of security and
how often you trade. Commission rates are subject to change. Our current
standard commission schedule is available under the “Online investing and
trading” tab at: www.merrilledge.com/pricing.
The amount of commissions you may pay varies from product to product.
Where commissions apply, the more transactions you enter into, the more
compensation we receive. When you pay commissions with respect to
particular investments, we benefit from you buying and selling more frequently,
rather than holding investments, and from you purchasing investments that
result in higher commissions and compensation to us and our affiliates.
Merrill and its affiliates also receive compensation from third parties (including
from the investment products in which you invest, and their manufacturers,
distributors, managers, and their respective affiliates) in connection with
your investment transactions. The amount of this third-party compensation
Page 4 | MerrillEdge Self-Directed Investing Client Relationship Agreement Code 422000PM-1220
generally varies from product to product. Merrill has an incentive for you to
engage in investment transactions that result in more compensation from third
parties to Merrill and its affiliates. The costs of this third-party compensation
generally represent an expense embedded in the investment that is ultimately
borne by investors such as you. The specific types of third-party compensation
we may receive with respect to a particular investment are typically disclosed
in the relevant investment product prospectus or other offering document.
Examples of the types of third-party compensation we can receive are listed
hereafter, but note that not all types of compensation apply to all investments,
and we may receive other compensation that is not listed here. The examples
of third-party compensation include: Rule 12b-1 and other distribution and
servicing fees; revenue sharing payments; exchange-traded fund index
licensing fees; event payments; gifts, gratuities, and other non-monetary
compensation; payment for order flow; securities lending fees; valuation fees;
redemption fees; and underwriting fees.
b) Visa® cards issued by BankofAmerica, N.A.
There is no annual fee for the Merrill CMA Access® Visa® card. However,
transaction charges apply with respect to particular transactions as disclosed
in the Merrill CMA Access Visa card terms and conditions.
This information is subject to change. You may call MerrillEdge Self-Directed
at 877.653.4732 to verify current fees.
You authorize Merrill to issue the Visa card that you have requested for use
with eligible accounts, and you understand that Merrill or an affiliate may
obtain a credit report in connection with your request.
12. Agreement to arbitrate controversies
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 filed.
Arbitration awards are generally final 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 first scheduled hearing date.
The panel of arbitrators may include a minority of arbitrators who
were or are affiliated 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 filed, and any
amendments thereto, shall be incorporated into this Agreement.
You agree that all controversies that may arise between us shall be
determined by arbitration. Such controversies include, but are not
limited to, those involving any transaction in any of your accounts with
Merrill, or the construction, performance or breach of any agreement
between us, whether entered into or occurring prior, on or subsequent
to the date hereof.
Any arbitration pursuant to this provision shall be conducted only
before the Financial Industry Regulatory Authority Inc. (“FINRA”) or an
arbitration facility provided by any other exchange of which Merrill is a
member, and in accordance with the respective arbitration rules then in
effect at FINRA or such other exchange.
You may elect in the first instance whether arbitration shall be
conducted before FINRA or another exchange of which Merrill is a
member, but if you fail to make such election by registered letter
addressed to Merrill at the office where you maintain your account
before the expiration of five (5) days after receipt of a written request
from Merrill to make such election, then Merrill may make such election.
Judgment upon the award of the arbitrators may be entered in any
court, state or federal, having jurisdiction.
No person shall bring a putative or certified class action to arbitration,
nor seek to enforce any pre-dispute 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: (i)the class certification is denied; or (ii)the class is decertified;
or (iii)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.
13. Important disclosures
Merrill is a registered broker-dealer and a wholly owned subsidiary of
BankofAmerica Corporation. Unless otherwise disclosed, investments through
Merrill are not FDIC Insured, and are not Bank guaranteed, and may lose value.
Investing in securities involves the risk of loss, and you should be prepared to
bear this risk.
Merrill offers its products, accounts and services through different service
models (e.g., self-directed, full-service). Based on the service model, the
same or similar products, accounts and services may vary in their price or fee
charged to a client.
A Merrill financial advisor, Merrill Financial Solutions Advisor or other Merrill
employee (collectively referred to herein as an “Associate”) is eligible to
receive compensation if the Associate informs you about MESD and you
thereafter open an MESD account and/or add more assets to your existing
MESD account. The details of the compensation will depend on the Associate’s
employment agreements and arrangements with Merrill, and the types of
compensation for which the Associate is eligible. In general, the compensation
the Associate receives will vary based on the amount of assets you invest in an
MESD account at a specific time or over a specific period (e.g., upon account
opening or during a given quarter). The Associate’s activity with respect to
other Merrill clients and the amount of assets other clients invest in MESD
accounts or other accounts with Merrill or its affiliates will also affect the
compensation for which the Associate may be eligible. Merrill’s compensation
arrangements with Associates generally include thresholds regarding the
amount of compensation to be paid to Associates. Associate compensation
varies and is based on, among other things, the amount clients invest in
accounts, the number of accounts clients open and/or close, and qualitative
factors such as client satisfaction. A Merrill financial advisor is eligible to
receive ongoing compensation for a limited period of time if the total amount
invested in an MESD account exceeds a certain threshold.
You can research Merrill and our representatives using FINRA’s BrokerCheck
database.
Vesting age for UTMA (Uniform Transfer to Minor account) and UGMA
accounts (Uniform Gift to Minor account) defaults to the minimum age
definedby individual state laws.
14. Sweep Program
The deposit of checks, the sale of securities, and other activity will
periodically generate cash in your account. You have the option to have cash
balances in your account automatically deposited in a bank deposit program
(“SweepProgram”). Alternatively, you may elect that cash balances do not
sweep. Ifyou choose to not sweep your cash balances, they will not earn
interest. Thesebalances will be covered by the Securities Investor Protection
Corporation (SIPC) up to $250,000 per customer and by our excess-SIPC
coverage, as described in your account agreement, but they are not insured
by the FDIC. Fordetails contact MerrillEdge Self-Directed Investing at
877.653.4732, or view your account agreement. Please note that if your
account is enrolled in a Merrill investment advisory program, such as Merrill
Guided Investing, and you choose to not sweep your cash balances, you
should understand that Merrill may charge an asset-based advisory fee on the
cash in the account even though you are not earning any interest or dividends
onthatcash.
Deposits held at BankofAmerica, N.A. and/or BankofAmerica California,
N.A. (the “Merrill Affiliated Banks”) are financially beneficial to Merrill and its
affiliates. Interest rates paid on deposits are determined at the discretion
of the Merrill Affiliated Bank based on economic and business conditions.
Page 5 | MerrillEdge Self-Directed Investing Client Relationship Agreement Code 422000PM-1220
Rates may change daily. The current yield on any deposits held under the
MerrillLynch Direct Deposit Program (the “MLDD Program”) or Retirement
Asset Savings Program (the “RASP Program”) will be included on your account
statement. Note: The MLDD Program is the Sweep Program available to MESD
Cash Management Accounts (CMAs), and the RASP Program is the Sweep Program
available to Traditional IRAs, Roth IRAs, Rollover IRAs, BASIC, SEP and SIMPLE
accounts. You can also access current yield information on our website (see
the "Deposit Account & Money Fund Rates" link at the bottom of each page
of merrilledge.com), or by contacting MerrillEdge Self-Directed Investing at
877.653.4732. The interest paid on retirement account assets will be at no
less than a reasonable rate.
Your cash in the MLDD Program and the RASP Program is insured by the
Federal Deposit Insurance Corporation (“FDIC”) up to a total of the Standard
Maximum Deposit Insurance Amount (“SMDIA”) per depositor at the Merrill
Affiliated Bank. The SMDIA is $250,000 per depositor, per ownership category.
Each individual depositor receives up to the SMDIA of FDIC insurance and
each joint account with two depositors up to two times the SMDIA of FDIC
insurance. It is your responsibility to monitor the total amount of your deposits
with the Merrill Affiliated Bank to determine the extent of insurance coverage
available on your deposits. It is important to note that uninvested cash held
in more than one Merrill account (such as a CMA) may be deposited to the
same Merrill Affiliated Bank. Also, amounts in excess of the applicable FDIC
insurance limit may be deposited to the Merrill Affiliated Bank from the same
Merrill account. Any certificates of deposit that you own issued by a Merrill
Affiliated Bank will also count towards the FDIC insurance limits.
The Securities Investor Protection Corporation (“SIPC) does not cover cash on
deposit at the Merrill Affiliated Bank. You may obtain further information about
SIPC, including the SIPC Brochure, via SIPC’s website at www.sipc.org or by
calling SIPC at 202.371.8300.
Merrill reserves the right to offer different Sweep Programs for different
accounts or clients. Merrill, may, with 30 days prior written notice, (i)make
changes to the terms and conditions of our Sweep Program; (ii)make changes
to the terms and conditions of any money account; (iii)change, add or remove
the money account available as sweep product; (iv)transfer your money
account from one sweep product to another. Available cash balances are
automatically swept into the primary money account. You affirmatively consent
to having your available cash balances sweep to MLDDP and/or RASP.
Additional Money accounts
Under the Sweep Program, you may only establish one primary money account
for the automatic deposit of cash balances in your account. However, you
may establish multiple additional money accounts and make deposits at any
time by speaking to your financial advisor. If you have established money
accounts in addition to your primary money account, and you do not have
sufficient balances in your primary money account, your additional money
account balances will be withdrawn to satisfy securities and cash management
transactions, including check writing and Visa® Card activity, in or through your
account. Ask for the applicable deposit account program disclosures for details
on deposits.
Various deposit accounts are available as additional money accounts based
on account type. Please contact MerrillEdge Self-Directed Investing at
877.653.4732 to determine if a particular option is available to you to
determine applicable rules and minimums (if any).
Confirmations and statements
In general, when we execute a transaction, we will send you a confirmation
summarizing the details. We will not send you a confirmation for certain
pre-authorized transactions in securities, including mutual funds, Sweep
Program transactions (whether for your primary money market account or any
additional money accounts) and any transaction in a money market mutual
fund (“ExemptTransactions”). We will send you an account statement (monthly
or quarterly, based in part on account type and/or activity) as a record of the
securities, cash and other assets held by us and the activity in your account
for the time period covered by the statement. Your statement will serve as a
confirmation of any Exempt Transactions. The statement will also give you
year-to-date information on dividends and interest received, as well as market
prices of the securities in your account, if available.
Automatic Liquidation of Additional Money accounts
If you have a retirement account and the funds within your primary money
account are depleted, we will automatically liquidate your Additional Money
accounts in the following order to satisfy obligations to your account(s):
Retirement Reserves I, Retirement Reserves II, Ready Asset Trust.
If you have a CMA Account and the funds within your primary money account
are depleted, you may select the order in which your Additional Money accounts
are automatically liquidated to satisfy obligations to your account(s) by speaking
with MerrillEdge Self-Directed Investing at 877.653.4732, or view your
account agreement.
15. Representations as to account ownership and capacity
toenter into agreement
You represent that no one except the person(s) signing this Agreement, or the
beneficial owner(s) if signed in a representative capacity, has an interest in this
account or any additional accounts opened in the future for you or for such
beneficial owner(s). If this account is beneficially owned by any person who is
U.S. Securities and Exchange Act Section 16 reporting person of a U.S. public
company, you represent that no funds or assets belonging to such U.S. public
company, or any entity affiliate of such U.S. public company, will be invested
through this account. If this is an individual account, you represent that you are
of legal age to contract in your jurisdiction of residence and that you are not
employed by a broker-dealer or other employer whose consent is required to
open and maintain this account by regulation or otherwise, unless such consent
has been provided to you. If any of the foregoing representations is inaccurate
or becomes inaccurate, you will promptly so advise.
You acknowledge that you fully understand English and that written
documents, agreements and information concerning your relationship with
Merrill, including but not limited to products, services, transactions and your
accounts will be provided to you in English.
16. Electronic fund transfers
If you maintain more than one account with Merrill with the same ownership
type, you may transfer funds to and from each account through Merrill’s
electronic funds transfer services.
You authorize Merrill to accept your telephonic or electronic instructions for
those transfers.
If you open any account as the trustee for a grantor revocable living trust,
yourepresent and warrant to Merrill that:
The trust permits the funds transfers you are authorizing; or
If applicable, such funds transfers represent valid partial or total revocations
by you and Merrill may conclusively rely on this representation.
17. Third-party research
Merrill may offer you access to third-party research on certain U.S. and
non-U.S. equity and fixed income securities. You agree that neither Merrill nor
any of its affiliates bears any responsibility or liability for third-party research
or its content that may be made available to you.
You assume full responsibility for any trading decision you make based
on third-party research. Access to third-party research is provided for
informational purposes only and does not constitute investment advice. Merrill
does not endorse or otherwise adopt third-party research reports or ratings.
18. Custody of securities
Merrill will hold all securities for the Securities account in a control location
acceptable to the Securities and Exchange Commission, which may include,
but is not limited to: (i)a securities depository, such as the federally regulated
Depository Trust Company for U.S. issuers and Euroclear for European issuers,
(ii)a Federal Reserve member bank, or (iii)a mutual fund’s Transfer Agent.
Securities are commingled in a Merrill book-entry account, generally held in
nominee name at the control location, along with securities belonging to other
Merrill customers. Your securities will at all times be separately identified
on the books and records of Merrill as belonging to you, and Merrill will
provide you with account statements that reflect your holdings. This method
of custody, which has significantly increased efficiencies and reduced the
risks associated with holding customer securities, is used by all major banks,
trust companies and brokerage firms and has been recognized as providing
unsurpassed safety for holders of securities. With regard to the custody of your
securities, Merrill acts as your agent and transmits your instructions through
the appropriate control location.
Page 6 | MerrillEdge Self-Directed Investing Client Relationship Agreement Code 422000PM-1220
Where securities are not held in nominee name, the issuer or control location,
as appropriate, recognizes Merrill as your agent and honors instructions
provided by Merrill on your behalf.
19. Referral Policy
MerrillLynch, Pierce, Fenner & Smith Incorporated (MLPF&S”) is an
affiliate of BankofAmerica, N.A. and other subsidiaries of BankofAmerica
Corporation (collectively, “Merrill). Merrill is one of the world’s largest
financial institutions, serving individual consumers, small- and middle-market
businesses, institutional investors, large corporations and governments with a
full range of banking, investing, asset management and other financial and risk
management products and services. In the event Merrill refers your business
among its affiliates to provide you with certain products or services, Merrill
(orits employees or representatives) may receive financial or other benefits
forsuch referrals.
20. Freezing Accounts
If at any time Merrill believes that your account may be subject to irregular,
unauthorized, fraudulent or illegal activity, we may, in our discretion, freeze
the assets in the account and in other accounts you maintain with us until
such time as we are able to complete our investigation of the account and
transactions. If we do freeze your account assets, we will provide notice to
you as soon as reasonably possible. Notice may be made by mail or verbally
orprovided by other means such as via www.merrilledge.com, where
applicable. We may not provide this notice to you prior to freezing the account
if we believe that such notice could result in a security risk to us or to the
owner ofthe funds in the account.
21. Unclaimed property accounts presumed abandoned
State and federal law and Merrill policy govern when accounts are considered
abandoned. The applicable state law is generally the state listed as the primary
mailing address for your account. Your account could be considered abandoned
after one piece of mail is returned to us by the U.S. Postal Service. For
accounts with electronic statement delivery preferences, if the Firm attempts
to deliver your correspondence electronically and we receive notice that your
email address is no longer valid, Merrill will mail via U.S. Postal Service a
notice to the primary mailing address on your account asking that you update
your email address. If your mailing address is invalid and the mailed notice is
returned by the post office, your account may be considered abandoned. Also,
your account may be considered abandoned if there has not been any client-
initiated activity for a period of three to five years. Client-initiated activity
includes, but is not limited to, reviewing account activity online, calling a Merrill
call center, transacting in your account, or voting proxies.
Merrill is required by the unclaimed property laws to turn over accounts
considered abandoned to the applicable state. Before Merrill turns over an
abandoned account, the Firm may send a notice to the primary mailing address
on the account. Merrill may also utilize a third-party search vendor to locate a
better address to notify you of your abandoned account prior to turning your
account over to the state of last known address. After Merrill turns the funds
over to the state, Merrill has no further liability to you for the funds and/or
securities. You must apply to the appropriate state agency to claim your funds.
The state may liquidate any securities once your shares are remitted to them.
If Merrill considers your account abandoned, then (unless prohibited by federal
or state law) we may:
Stop sending correspondence.
Refuse to pay items drawn on or payable out of the account.
Charge regular account fees according to the type of account you maintain
with us.
If you re-establish contact with Merrill, we do not have to reimburse you
forthese fees.
22. Account owners with Texas mailing address
Clients with a mailing address in the state of Texas may appoint a designee
who can respond to abandoned property notifications on the client’s behalf
and prevent an account from being classified as abandoned and turned over
to the state of Texas. Please contact MerrillEdge Self-Directed Investing at
877.653.4732 or the Abandoned Property Department at 800.581.5858 for
additional information.
MerrillLynch, Pierce, Fenner & Smith Incorporated (also referred to as “MLPF&S” or “Merrill”) makes available certain investment products sponsored, managed, distributed or provided
bycompanies that are affiliates of BankofAmerica Corporation (“BofACorp.”). MLPF&S is a registered broker-dealer, registered investment adviser, Member SIPC and a wholly owned
subsidiary of BofACorp.
Banking products are provided by BankofAmerica, N.A. and affiliated banks, Members FDIC and wholly owned subsidiaries of BankofAmerica Corporation.
Merrill, its affiliates and financial advisors do not provide legal, tax or accounting advice. You should consult your legal and/or tax advisors before making any financial decisions.
Unless otherwise noted, all registered trademarks and trademarks are the property of BankofAmerica Corporation.
Visa is a registered trademark of Visa International Service Association and is used by the issuer pursuant to license from Visa U.S.A. Inc.
Investment products:
Are Not FDIC Insured Are Not Bank Guaranteed May Lose Value
© 2020 BankofAmerica Corporation. All rights reserved. | BRO-12-20-0222 | 12/2020
To learn about BankofAmericas environmental goals and initiatives, go to bankofamerica.com/environment. Leaf icon is a registered trademark of BankofAmerica Corporation.
Page 7 | MerrillEdge Self-Directed Investing Client Relationship Agreement Code 422000PM-1220
Merrill Edge
®
Self-Directed Investing
Terms of Service
These MerrillEdge® Self-Directed Investing Terms of Service (the “Terms of
Service”) are made between MerrillLynch, Pierce, Fenner & Smith Incorporated
(“Merrill) and you and govern your MerrillEdge Self-Directed Investing Account
Relationship. “You” and “your” refers to each MerrillEdge Self-Directed
Investing Account owner.
In the case of an entity, “you” and “your” refers to the entity, and by enrolling,
the entity agrees that access to MerrillEdge Self-Directed Investing shall be
restricted to Authorized Representatives (as defined in the Account Agreement)
for such entity and that the entity will be liable for all acts or omissions of such
Authorized Representatives in violation of these Terms of Service.
MerrillEdge Self-Directed Investing (also referred to herein as “MESD”) is
the marketing name for certain brokerage services offered to clients on a
self-directed basis through MerrillLynch, Pierce, Fenner & Smith Incorporated
(“Merrill). For the purpose of the MerrillEdge Self-Directed Terms of Service,
Merrill and MESD, which are made available through MerrillLynch, Pierce,
Fenner & Smith Incorporated (MLPF&S”), refer to certain brokerage services
offered to clients on a self-directed basis through MerrillLynch, Pierce, Fenner
& Smith Incorporated (Merrill) and which are the subject of these Terms.
When you agree to these Terms of Service, you are agreeing that such terms
will apply to all of your MESD Accounts, transactions and services.
These Terms of Service incorporate all disclosures displayed on the
MerrillEdge Self-Directed Investing website from time to time, including our
fees and commissions, and they supplement the MerrillEdge Self-Directed
Client Relationship Agreement which you are required to sign as well as your
MerrillEdge Self-Directed Investing Cash Management Account Agreement
and/or your Merrill traditional IRA or IRA Rollover Custodial Agreement or
Roth Individual Retirement Account Agreement and/or your MerrillEdge
Self-Directed Investing Business Investor Account Financial Service Account
Agreement and/or your Merrill Retirement Cash Management Financial
Service Account Agreement and/or your Merrill Simple Retirement Account
Custodial Agreement and/or your Merrill Simplified Employee Pension Program
Agreements, as applicable, which otherwise remain in full force (and all such
account types, and any account types that may be introduced by MESD from
time to time, will herein be referred to as “Account). By using MerrillEdge
Self-Directed Investing, you are representing to Merrill and its licensors and
Information Providers that you are at least eighteen years old (or the minimum
legal age in your jurisdiction).
Merrill reserves the right to add, delete or modify MESD functionality and
trading rules and to amend or supplement these Terms of Service or any other
agreement among or between the parties upon notice, such notice delivered
by regular mail, by email, by an on-screen alert or via the Merrill websites. In
particular, Merrill reserves the right upon notice to change its fees, to add fees
for items for which it does not currently charge and to institute an inactivity
fee for periods in which there is no fee-generating activity in your Account.
Merrill also reserves the right to terminate your enrollment in MerrillEdge Self-
Directed Investing at any time for any reason without notice.
MerrillLynch, Pierce, Fenner & Smith Incorporated offers its products,
accounts and services through different service models (e.g., self-directed,
full-service). Based on the service model, the same or similar products,
accounts and services may vary in their price or fee charged to a client.
1. Nature of the MerrillEdge Self-Directed Investing Service
MerrillEdge Self-Directed Investing is designed for U.S.-based investors who
wish to make their own investment choices in a MerrillLynch, Pierce, Fenner &
Smith Incorporated brokerage account.
Neither Merrill, nor MESD, nor any Merrill or MESD representative will provide
you with investment advice, including any recommendations, or offer any
opinion regarding the suitability of any security, order, transaction, or strategy
in a MerrillEdge Self-Directed Investing Account, or monitor your investment
or the appropriateness of your account or service level, or alert you to any
recommended change to your investments, investment accounts, or services.
Neither Merrill nor MESD, nor any Merrill or MESD representative, will provide
any tax or legal advice.
No Merrill Research opinion, Independent Research opinion, the inclusion of
a security on any list, or any information provided to you either on the Merrill
website or by mail or any other means constitutes a recommendation to you
to purchase, hold or sell any investment. By entering into this Agreement, you
agree that any transactions executed through your MerrillEdge Self-Directed
Investing Account, whether based on information obtained from Merrill or
elsewhere, will be solely your own decision and based on your own evaluation
of your personal financial situation, needs, and investment objective(s).
In addition to retaining the sole responsibility for investment decisions, you
understand and agree that you are responsible for knowing the rights and
terms of all securities in your account, specifically including valuable rights
that expire unless the holder takes action. This includes, but is not limited to,
warrants, stock rights, convertible securities, bonds, and securities subject to
a tender or exchange offer. You understand and agree that Merrill accepts no
obligation to notify you of any upcoming expiration or redemption dates, or,
except as required by applicable law or regulation, to take any action on your
behalf without specific instructions from you. You also agree that all dividends
and interest payments credited to your account shall accumulate rather than
be paid to you upon receipt, but shall be subject to your withdrawal from time
to time upon request for a check or other funds transfer.
Notwithstanding the foregoing, in its capacity as an investment adviser
Merrill may provide investment advice or recommend securities transactions
or investment strategies to you within certain investment advisory programs.
To enroll in such an investment advisory program, such as the Merrill
Guided Investing Program, you may be required to establish and maintain a
MerrillEdge Self-Directed Investing Account. Merrill acts as an investment
adviser and not a broker-dealer for the investment advisory services provided
within these investment advisory programs. To the extent that Merrill provides
investment advice or recommends any securities transactions or investment
strategies to you within any such investment advisory program, you understand
and agree that Merrill does so in its capacity as an investment adviser and not
as a broker-dealer. You will be required to enter into a separate agreement with
Merrill and its affiliates to participate in an investment advisory program. The
terms governing any such investment advisory program will control if there are
any inconsistencies with the terms of these Terms of Service. If your account
serves as the securities account for a Merrill investment advisory program,
certain features of MerrillEdge Self-Directed Investing, such as the Margin
Lending Program, check writing, and Visa cards, may not be available to you. If
your account serves as the securities account for a Merrill investment advisory
program and if, for any reason, you terminate from the investment advisory
Page 1 | MerrillEdge Self-Directed Investing Terms of Service Code 422001PM-0321
program without transferring the securities and assets out of your account,
your account will be a MerrillEdge Self-Directed Investing Account without
any investment advisory relationship. As such, and as explained more fully in
the preceding paragraphs, neither Merrill, nor any Merrill representative, will
provide any investment advice or give any advice or offer any opinion regarding
the suitability of any security, order or transaction in a MerrillEdge Self-
Directed Investing Account.
2. Account Data Access; User ID and Password;
Safeguarding Credentials
MerrillEdge Self-Directed Investing is intended to be delivered to you via the
Internet using commercially available third-party web browsers. MerrillEdge
Self-Directed Investing permits you to view account data for your primary Merrill
Account and any other accounts that are linked to such primary Account from
time to time. By using MerrillEdge Self-Directed Investing, you represent
on a continuing basis that you are authorized to have viewing access to any
Account for which you and other linked account parties have requested linking
of Accounts. Merrill allows each account holder to create a separate User ID
and Password for each MerrillEdge Self-Directed Investing Account. You agree
that each account holder shall be responsible at all times for maintaining the
confidentiality of their personal information and their User ID and Password
and will not make them available to other account holders or any third parties. If
you do allow other account holders or third parties to access MerrillEdge Self-
Directed Investing (including your accounts) using your personal information
or your User ID and Password, you agree to hold Merrill, its directors, officers,
employees, agents and affiliates (collectively, “Other Persons”) harmless and to
indemnify Merrill and all Other Persons against any liability, costs or damages
arising out of claims or suits by any account holder, including yourself, or such third
parties based upon or relating to such access. If you believe that someone has
used your credentials, such as your User ID and Password, to access MerrillEdge
Self-Directed Investing without your authorization, you agree to contact our
MerrillEdge Self-Directed Investment Center immediately at 877.653.4732.
All daily Account data is provided as a convenience and for your information,
but it is not the official record of your Account activity with Merrill; your Merrill
Account statement provided to you online each month (or by mail quarterly
or monthly as required) is such official record. Account data provided through
MerrillEdge Self-Directed Investing is generally updated as of the prior
business day’s close of business, but is subject to adjustment and correction.
Merrill may also collect and/or use certain information from or through your
browser or device. Most browsers and/or devices (including your computer, tablet
and mobile phone) collect certain information, including but not limited to your
Media Access Control (MAC) address, device type, screen resolution, operating
system version, internet browser type and version, local date and time, and the
prior web page visited leading you to our websites. Merrill uses this information
to ensure our websites function properly, for fraud detection and prevention, and
security purposes. For more information about our privacy and security practices
and a link to our Privacy Notice for U.S. Consumer Customers and U.S. Online
Privacy Notice, go to our website at www.ml.com/privacy.
3. Account Application Process and Delivery of Communications
You may be able to apply for an Account by completing the Account application
process (1) via the internet; (2) via a hardcopy paper application; or (3) via an
iPad or other device that is owned and provided by BankofAmerica and/or
Merrill in a BankofAmerica, N.A. Financial Center. You must have a valid email
address to open any MerrillEdge Self-Directed Investing Account. You agree
that you will provide us with a valid email and postal mailing address, and that
you will immediately notify us of any changes to your email or mailing addresses.
With the exception of Small Business 401(k) accounts (which are discussed in more
detail below), if you complete the Account application process via the internet, you
must consent to the Electronic Communications Disclosure (“eCommunications
Disclosure”). Your consent to the eCommunications Disclosure allows us to
provide communications to you electronically. The eCommunications Disclosure
also provides important information about paperless delivery, such as, among
other things, the types of communications you can receive electronically and the
hardware and software required to receive communications electronically. As
discussed in Section 4 of the eCommunications Disclosure, we may, at times and
in our sole discretion, mail you a paper copy of certain communications even if you
agree to electronic delivery by consenting to the eCommunications Disclosure.
If you complete the Account application process via a hardcopy paper
application or via the iPad or other device that is provided by BankofAmerica
and/or Merrill in a BankofAmerica, N.A. Financial Center, you agree to receive
all notices, statements, disclosures and other information regarding your
Account in paper form, delivered to your last-designated postal mailing address
unless and until you elect to change the method of delivery for documents
and other written communications to electronic delivery. In order to make that
change, you will be required to (1) enroll in www.merrilledge.com, which is an
internet-based service that provides 24-hour access to Account information,
Merrill research and investment information, market data, and news; (2)
demonstrate access to the information available via www.merrilledge.com;
and (3) affirmatively consent to the eCommunications Disclosure.
Note regarding Small Business 401(k) accounts: You must complete the
application process via the internet, but you will not be required to consent
to the eCommunications Disclosure as you do not have the option to
exclusively receive communications related to this Account electronically.
Some communications, such as Account statements, may be retrieved via
the internet, but all communications will be delivered in paper.
4. Corporate Actions
It is important to understand corporate actions (such as stock splits, tender
offers, rights issues, etc.) and how they can affect your investments. In certain
instances outside of our control, issuers may provide late notice on voluntary
corporate action events which, in turn, delays notices from being delivered to
you. Merrill will make best efforts to notify you as soon as practically possible
of a corporate action, but due to printing and mailing timelines, some notices
may be delivered late, even past the deadline. Enrolling in Online Delivery of
Service Notices will help ensure the timeliest delivery possible of corporate
action notices and also give enhanced flexibility, convenience, and visibility
on your accounts. Merrill may also provide corporate action notices to you
on voluntary events where eligibility restrictions apply. We will ensure that
all shareholders are notified of these type of events, although it is your
responsibility to determine whether you are eligible to participate in an event
based on the terms of the notification.
5. Hyperlinks
Merrill may make available links from its websites to other third-party websites
or electronic services providers that are not affiliated with Merrill. Merrill does
not control these other websites or services, and Merrill has not adopted and
makes no representations or endorsements whatsoever concerning those
websites or services. The fact that Merrill has provided a link to a website is not
an endorsement, authorization, sponsorship, or affiliation with respect to such
website, its owners, or its providers. There are risks in using any information,
software, service or product found on the Internet and Merrill cautions you
to make sure you understand these risks before retrieving, using, or relying
upon anything via the Internet. You agree that under no circumstances will you
hold Merrill liable for any loss or damage caused by use of or reliance on any
content, goods or services available on such other websites.
6. Quotes, News and Research; Use of Data and Information
Quotes, news, research, ratings and other information provided through
MerrillEdge Self-Directed Investing are obtained from sources we believe to be
reliable, but we cannot guarantee the accuracy, timeliness or completeness of
such information for any particular purpose. Such data and information and any
Merrill Research or independent research opinions provided do not constitute
investment advice, or a solicitation by Merrill for the purchase or sale of any
securities, or a representation that any securities are suitable for you.
All such data and information is protected by copyright and other intellectual
property laws and may only be used for personal and non-commercial use, and not
for providing professional investment advice or for providing securities processing
services or other similar back office functions. If you download any information
from MerrillEdge Self-Directed Investing for your personal reference, you agree
that you will not remove or obscure any copyright or other notices contained
in any such information. Except as provided in the preceding sentence, you
agree not to copy, reproduce, modify, sell, distribute, transmit, display, perform,
circulate, transfer, broadcast, create derivative works from, publish, or use for any
commercial or unlawful purpose any quotes, news, research, text images, audio,
video or other information you receive through MerrillEdge Self-Directed Investing.
Page 2 | MerrillEdge Self-Directed Investing Terms of Service Code 422001PM-0321
Merrill and its licensors and Information Providers (as defined in Section 14 below)
may change or discontinue any quotes news, research or other information at any
time provided within MerrillEdge Self-Directed Investing at any time.
Merrill offers you access to Independent Research on all domestic and
selected international stocks covered by Merrill Research under the terms of
an agreement with regulators. The providers of this independent Research
are chosen by an Independent Consultant, not by Merrill. You agree that
Merrill will not be responsible or liable for (i) the procurement decisions of the
Independent Consultant with respect to the Independent Research, (ii) the
Independent Research or its content (iii) customer transactions, to the extent
based on the Independent Research, or (iv) claims arising from or in connection
with the inclusion of Independent Research ratings in confirmations and
Account statements, to the extent such claims are based on those ratings. You
also agree that Merrill will not be required to supervise the production of the
Independent Research procured by the Independent Consultant and will have
no responsibility to comment on the content of the Independent Research.
7. Financial Tools, Education and Calculators
MerrillEdge Self-Directed Investing may also provide you with financial tools
and education, including calculators. The tools and calculators may allow you
to model “what-if” scenarios for various financial goals, the results of which are
illustrative and are based on the information and assumptions identified. There
is no guarantee that the results shown will be achieved, and changes in tax laws,
financial markets or your financial situation may cause actual results to deviate
substantially from those reflected in these tools. In addition, these tools and
calculators are not part of any financial report for which you may have paid a fee,
even if the tools and calculators include information derived from or contained in
the financial report. In addition, no tools, education or calculators are intended to
provide individual product recommendations or investment strategies.
8. Phone Service
MerrillEdge Self-Directed Investing phone-based representatives are available
24 hours per day, 7 days per week. These representatives are available to assist
you with various administrative functions related to applying for and opening
Accounts and providing you with access to www.merrilledge.com. They can also
assist with various requests related to your Account, such as address changes,
name changes, changes to the beneficiaries designated on your Account (if
applicable), and money movement requests, among other things.
MerrillEdge Self-Directed Investing phone-based representatives are also
available to you for technical support between the hours of 7:30 a.m. and
6:00 p.m. Eastern, Monday through Friday. You understand and agree that
the services described above are only examples of the types of services that
the phone-based representatives may be able to perform, and that Merrill
reserves the right to change the services and functions that the phone-based
representatives may perform from time to time.
MerrillEdge Self-Directed Investing phone-based representatives will not
provide investment advice or investment recommendations or offer any
opinion regarding the suitability of any security, order, transaction or strategy
in a MerrillEdge Self-Directed Investing Account. MerrillEdge Self-Directed
Investing phone-based representatives will not provide any tax or legal advice.
MerrillEdge Self-Directed also provides an automated phone service referred to as
the MESD IVR. Through the MESD IVR, you are able to request security quotes and
review account information, such as balances, account holdings, and recent activity.
9. Email
Two email or electronic mail options are available via www.merrilledge.com,
unsecured email and electronic mail via the Secure Message Center. You agree that
neither unsecured email nor the Secure Message Center is to be used to request,
authorize or effect the purchase or sale of any securities or other investments, to
send funds transfer instructions, or for any other financial transactions that require
real-time communication or more formal written authorization in accordance with
applicable law or Merrill policies. Any such requests, orders, or instructions that you
send via email in contravention of the foregoing agreement will not be accepted
and will not be processed by Merrill. Merrill will not be responsible for any loss or
damage that could result from your supplying us with personal information via
email or your requests, orders or instructions not being accepted or processed in
accordance with the preceding sentence.
Unsecured Email
Unsecured email is available via the Help & Support link prior to client login.
Unsecured email provides individuals with the opportunity to send messages
concerning Merrill procedures and general Merrill questions. No Account-
specific information will be provided in response to a message received via
unsecured email. Additionally, Merrill will not open any documents or files that
are attached to or submitted via unsecured email.
Secure Message Center
The Secure Message Center is available to you after logging in to
www.merrilledge.com as a secure email tool to contact Merrill representatives.
Through the Secure Message Center, you can submit Account-specific inquiries
to Merrill. You can also submit documents to Merrill via the Secure Message
Center and perform or request certain administrative functions. You understand
and agree that Merrill may change the functionality of the Secure Message
Center from time to time.
10. Order Entry Security
Merrill allows each Account holder to create a separate User ID and Password
for each MerrillEdge Self-Directed Investing Account. You agree that each
Account holder shall be responsible for all orders entered through MerrillEdge
Self-Directed Investing using the User ID and Password initially created or
changed by the Account holder regardless of who enters such orders. You
agree that each account holder shall be responsible at all times for maintaining
the confidentiality of their personal information and their User ID and
Password and will not make them available to other account holders or any
third parties. If you do allow other account holders or third parties to access
MerrillEdge Self-Directed Investing (including your accounts) using your
personal information or your User ID and Password, you agree to hold Merrill,
its directors, officers, employees, agents and affiliates (collectively, “Other
Persons”) harmless and to indemnify Merrill and all Other Persons against any
liability, costs or damages arising out of claims or suits by any account holder,
including yourself, or such third parties based upon or relating to such access.
11. Order Entry Trading Rules
MerrillEdge Self-Directed Investing allows you to enter orders to buy and sell
U.S. market traded equities, including exchange-listed and widely-held over-
the-counter stocks, a wide selection of mutual funds, and certain bonds and
certificates of deposit. MerrillEdge Self-Directed Investing is not designed
to be a brokerage service for investors who trade in low-priced securities or
foreign securities. Merrill intends to maintain an order entry policy for low-
priced stocks and other trading rules, which will be subject to change from
time to time upon posting on the MerrillEdge Self-Directed Investing site
or the optional Merrill Mobile Brokerage service. MerrillEdge Self-Directed
Investing is intended to be available for order entry seven (7) days a week,
twenty four (24) hours a day, except for brief maintenance periods; however,
Merrill does not warrant that the service will be uninterrupted. Orders sent
outside of regular U.S. Market hours will be held and entered on the primary
market during market hours on the next trading day. Certain orders may be
blocked or subject to pre-review by Merrill, which may take up to several
minutes to process. Merrill reserves the right to place restrictions on your
Account in its sole discretion, and to cancel any order that we believe would
violate federal credit regulations or other regulatory limitations; however,
Merrill will have no responsibility or liability for failing to cancel any order.
12. Your Responsibilities Regarding Order Entry
All orders entered through MerrillEdge Self-Directed Investing shall be subject
to the applicable rules, customs and usages of the exchange or market, and
its clearinghouse, on which such orders are transacted by Merrill, including our
affiliates, including cancellation of orders in certain circumstances. Whether or not
funds are available in your Account on trade date, you agree to pay by settlement
date for any trade for which you place an order through MerrillEdge Self-Directed
Investing. You agree that you will immediately notify Merrill by telephone and
confirm the same in writing if you become aware of any discrepancy in your
Account balance or security positions or if you have reason to believe that a third
party is using your User ID and Password without your authority. If you fail to
notify Merrill when any of the above conditions occur, neither Merrill nor any Other
Persons shall have any responsibility or liability to any account holder or any other
person claiming through any account holder for any claims with respect to the
handling, mishandling or loss of any order. You agree to accept full responsibility for
the monitoring of your Account with respect to all transactions entered.
Page 3 | MerrillEdge Self-Directed Investing Terms of Service Code 422001PM-0321
13. Limitation on Merrill’s Responsibilities and Liability
You agree that Merrill will not be responsible for the accuracy, completeness
or use of any market data news or research information provided through
MerrillEdge Self-Directed and Merrill does not make any warranty concerning
such information. You further agree that all orders placed through MerrillEdge
Self-Directed Investing are at your sole risk and responsibility based on your
own evaluation of your financial circumstances and investment objectives.
MerrillEdge Self-Directed Investing may display on the order entry screen
Merrill Research’s quality rating and investment opinion on companies, if
available, as well as Independent Research opinions; however, such information
and opinions by themselves do not constitute investment advice, or a solicitation
or recommendation by us for the purchase or sale of any securities, or a
representation that any securities are suitable for you.
You understand and agree that MerrillEdge Self-Directed Investing utilizes
the Internet to transport data and communications. Merrill will take reasonable
security precautions to safeguard data and communications; however,
Merrill disclaims any liability for interception and/or use of any such data or
communications. You agree that neither Merrill nor any third party working
with Merrill to provide services hereunder shall be responsible for any damages
caused by communications line failure, systems failure, and other occurrences
beyond their control, or from any unauthorized trading or theft by any third
party who gains access to your Account by use of your User ID and Password
as a result of your intentional or unintentional conduct, including negligence by
you. Merrill will not be responsible for any access costs you incur to connect to
MerrillEdge Self-Directed Investing.
Neither Merrill nor any third party makes any representations or warranties
expressed or implied with respect to MerrillEdge Self-Directed Investing,
including without limitation, any implied warranties of merchantability
or fitness for a particular purpose. To the extent permitted by law, under
no circumstances, including negligence, will Merrill or any of its affiliates,
directors, officers or employees, or any third party vendor be liable or have any
responsibility of any kind for any loss or damage that you incur in the event of
any failure or interruption of MerrillEdge Self-Directed Investing, or resulting
from the act or omission of any other party involved in making MerrillEdge
Self-Directed Investing available to you, or from any other cause relating
to your access to or use of MerrillEdge Self-Directed Investing, whether or
not the circumstances giving rise to such cause may have been within the
control of Merrill or of any vendor providing software or services support for
MerrillEdge Self-Directed Investing. In no event will Merrill or any such parties
be liable to you for any special, indirect, consequential or incidental damages
even if Merrill or any other party have been advised of the possibility thereof.
Any liability arising out of any action or omission by Merrill or any such parties
shall be limited to an amount equal to the benefit which the transaction
would have resulted in during the period between the date of a trade and
the applicable time for settlement of such trade.
14. Executing Your Order
We do business with our clients in two ways: as an agent or as a principal.
As an agent We act as an agent in many listed and unlisted securities,
obtaining a buyer or seller for you. Depending on your service model and
account type, we may add a commission to the execution price.
As a principal We or our affiliates act as a principal in many listed and
unlisted securities, buying from sellers and selling to buyers. There may appear
on your confirmations from time to time the words, “We or our affiliate may
act as principal.” This means that Merrill or its affiliates are buying or selling
that particular security, acting as a dealer, and maintaining their own inventory
for that purpose. To the execution price (with the exception of underwriting
transactions), we add a charge on the buy side called a “markup” and we
subtract a “markdown” on the sell side.
Our role as agent or principal, and the marketplace in which your transaction
was effected, is disclosed on your confirmation. In either role, our objective is
to find a competitive execution price for you.
15. Order Execution and Routing Disclosures
Exchange-listed securities —When you buy or sell round lots (usually 100
shares) of listed stocks, or when you buy or sell listed options, we generally
route your order through a routing system to what are expected to be the
best execution venues for the order. We handle your order so as to obtain
a competitive execution price in line with our regulatory obligations. Our
electronic order-processing system automatically channels your order to an
appropriate market center given the characteristics of the order, market data
and trading statistics. Our trading desks, or the trading desks of one or more
of our affiliates, may be one of these market centers or venues where the
execution may occur. If that is the case, your confirmation will indicate that
we acted as principal in connection with the purchase or sale transaction.
We have in place effective internal controls, including information barriers,
to prevent the inappropriate sharing of order information among our equity
trading desks. In this regard, each of our equity trading desks independently
conducts its trading activities. To the extent permitted by rule or law, when a
Merrill equity trading desk or unit (including a market-making desk or unit that
engages in block positioning and provides firm bid/offer quotes) handles your
equity orders, other equity trading desks or units of Merrill or its affiliates may
separately transact without knowledge of your orders for their principal
accounts at prices that would satisfy your orders. Conversely, if your orders
are handled by an equity trading desk or unit of Merrill or its affiliates, and no
attempt is made to obtain liquidity for your orders from our market-making
desk or the market-making desk of one of our affiliates, you should understand
that the market-making desk may separately transact without knowledge of
your orders for its principal at prices that would satisfy your orders. In either
case, the execution prices of any trading desk or unit that did not handle your
order, transacting for its principal accounts, could be better, the same, or worse
than the prices you receive for the same security.
Over-the-counter markets Securities that are not listed on an exchange
may be traded in the over-the-counter markets. Merrill and its affiliates may be
participants in an over-the-counter market and execute your orders as principal.
Merrill fully complies with SEC and FINRA order handling requirements. We
handle your order so as to obtain a competitive execution price. We regularly
monitor the quality of our executions. This includes reviewing the order
flow sent to Merrill affiliates who may support or provide order routing and/
or execution services on our behalf, as well as to certain third-party broker-
dealers or counterparties who we authorize as our liquidity providers. We
take into account many factors in determining the quality of executions and
to inform our routing decisions for retail-sized held orders. This includes, for
National Market System equity securities, certain industry metrics, including
but not limited to execution prices in relation to the publicly quoted spread
at the time (referred to as “effective over quoted” or E/Q), to the extent such
reference data is available.
Under FINRA rules, we are required to disclose to you descriptions of stop
quote and stop quote limit orders. Depending on your Merrill service channel,
you may have the option to place one or both of these order types. Merrill may
execute any of these orders itself or through one or more of its affiliates.
A stop quote order is a market order to buy or sell when the bid quote or
offer quote, as applicable, reaches a specified price.
Equity sell stop quote orders are placed at a stop price below the current
market price and will trigger if the national best bid quote is at or lower than
the specified stop price.
Equity buy stop quote orders are placed at a stop price above the current
market price and will trigger if the national best offer quote is at or higher than
the specified stop price.
Option sell stop orders are placed at a stop price below the current market
price and will trigger if the national best offer is at or lower than the specified
stop price.
Page 4 | MerrillEdge Self-Directed Investing Terms of Service Code 422001PM-0321
Option buy stop orders are placed at a stop price above the current market
price and will trigger if the option trades or has a prevailing bid quote at or higher
than the specified stop price on the exchange to which the order is routed. Once
triggered, a stop quote order becomes a market order (buy or sell, as applicable), and
execution prices can deviate significantly from the specific stop price. For equities,
a stop quote order is not guaranteed to execute as the order will not be triggered
unless the stop price is reached. For listed options, a stop order is not guaranteed to
execute as the order will not be triggered unless the stop price is reached and, even
if triggered, your order may not be executed if there is no prevailing bid quote (in the
case of a sell stop order) or a prevailing offer quote (in the case of a buy stop order)
available on the exchange to which your order is routed.
A stop quote limit order combines the features of a stop quote order and a
limit order.
Equity sell stop quote limit orders are placed at a stop price below the current
market price and will trigger if the national best bid quote is at or lower than the
specified stop price.
Equity buy stop quote limit orders are placed at a stop price above the current
market price and will trigger if the national best offer quote is at or higher than the
specified stop price above the current market price and will trigger if the option
trades or has a prevailing bid quote at or higher than the specified stop price on
the exchange to which the order is routed. Once triggered, a stop quote limit order
becomes a limit order (buy or sell, as applicable) at a specified limit price, and
execution may not occur as the market price can move away from the specified
limit price. For equities, a stop quote limit order is not guaranteed to execute as the
order will not be triggered unless the stop price is reached and, even if triggered,
your order may not be executed as the market price can move away from the
specified limit price. For listed options, a stop limit order is not guaranteed to
execute as the order will not be triggered unless the stop price is reached and, even
if triggered, your order may not be executed if there is no prevailing bid quote (in
the case of a sell stop limit order) or a prevailing offer quote (in the case of a buy
stop limit order) available on the exchange to which your order is routed or if the
market price moves away from the specified limit price.
Option sell stop limit orders are placed at a stop price below the current market
price and will trigger if the option trades or has a prevailing offer quote at or lower
than the specified stop price on the exchange to which the order is routed.
Option buy stop limit orders are placed at a stop price above the current market
price and will trigger if the option trades or has a prevailing bid quote at or higher
than the specified stop price on the exchange to which the order is routed. Once
triggered, a stop quote limit order becomes a limit order (buy or sell, as applicable)
at a specified limit price, and execution may not occur as the market price can
move away from the specified limit price. For equities, a stop quote limit order is
not guaranteed to execute as the order will not be triggered unless the stop price is
reached and, even if triggered, your order may not be executed as the market price
can move away from the specified limit price. For listed options, a stop limit order
is not guaranteed to execute as the order will not be triggered unless the stop price
is reached and, even if triggered, your order may not be executed if there is no
prevailing bid quote (in the case of a sell stop limit order) or a prevailing offer quote
(in the case of a buy stop limit order) available on the exchange to which your order
is routed or if the market price moves away from the specified limit price.
Often for those securities in which Merrill or one of its affiliates makes a market,
we will use best efforts to execute larger-sized client orders by testing whether,
and how much, stock can be bought at currently displayed quotes, in addition
to what is reflected in the quote of Merrill or its affiliate. We may then manually
execute client orders based on the liquidity we are able to access, which may
involve the simultaneous execution of one or more client orders received over a
period of time. Those orders may receive executions at prices that approximate
the volume-weighted average price during that period. MerrillLynch routes orders
in securities in which we do not make a market to other market makers, which can
include one or more of its affiliates or other unaffiliated third-party market makers.
The Securities and Exchange Commission (SEC) adopted a rule requiring market
centers to publicly disclose, on a monthly basis, uniform statistical measures of
order execution quality. These measures include, but are not limited to, how market
orders of various sizes are executed relative to the public quotes and information
about the spreads paid by investors. The SEC has also adopted a rule requiring all
brokerage firms to make publicly available quarterly reports on their order routing
practices. In accordance with these rules, Merrill’s order routing statistics are
available for public review by visiting https://www.ml.com/legal.html and clicking
through the link provided in the “Routing Disclosures Made Pursuant to Rule 606
of SEC Regulation NMS” section. Merrill affiliates may maintain trading desks
engaged in market making or other trading functions to which your orders may be
routed for execution or from whom an execution price for the transaction may be
obtained. The execution disclosures of BofA Securities, Inc., a Merrill affiliate and
market center, are available for public review by visiting https://www.bofaml.com/
en-us/content/best_execution.html.
Note: Under SEC rules, we are required to inform you that Merrill does not receive
payment for order flow from liquidity providers to which Merrill routes its customer
orders in equity securities. Merrill may receive rebates from and pays fees to
certain registered securities exchanges for providing or taking liquidity on those
exchanges, according to those exchanges’ published fee schedules approved by
the SEC. In some cases, the rebates received by Merrill from an exchange may,
over a period of time, exceed the fees paid to the exchange. Merrill may also
participate in the options order flow programs sponsored by the NYSE American
Options, the NYSE Arca Options, the Cboe options exchanges, and the Nasdaq
options exchanges. These exchange sponsored programs offer payments for listed
option orders that are directed to such options markets. In addition, in some cases
involving large equity securities trades where you direct that a Merrill affiliate
execute your order as principal, Merrill may share in the compensation paid to its
affiliate for the affiliate’s services.
16. Agreement With Information Providers Regarding MarketData
The securities prices, quotations, research, ratings, news and other information
provided on MerrillEdge Self-Directed Investing are provided by various third
party sources that include, but are not limited to, the New York Stock Exchange,
Inc., American Stock Exchange Inc., NASDAQ Stock Market, Inc., The Options
Price Reporting Authority, and its participant exchanges, Dow Jones & Company,
Inc., Standard & Poor’s Financial Services, LLC, Moody’s Investor Services, Inc.,
Morningstar Inc., and their respective affiliates, agents and others, including persons
or entities that act as data processors on behalf of the foregoing (collectively,
“Information Providers”). By using the MerrillEdge Self-Directed Investing website,
you acknowledge and agree that: (1) securities prices, quotations research, ratings,
news and other information received from Information Providers (Market Data”)
are solely for your individual use and you will not retransmit or furnish Market
Data to any other person or entity, except to other officers, partners or employees
if you are an entity; (2) the Market Data is and shall remain the property of the
respective Information Providers or of the market on which a reported transaction
took place or a reported quotation was entered; (3) at any time, Information
Providers may discontinue disseminating any category of Market Data, may change
or eliminate any transmission method and may change transmission speeds or
signal characteristics, and you shall not hold the Information Providers liable for
any resulting liability, loss or damages that may arise there from; and (4) your
agreements set forth herein and the disclaimers of warrant, and disclaimers of
liability set forth below are for the express benefit of the Information Providers as
third party beneficiaries and they may enforce these provisions against you.
Notwithstanding any provisions to the contrary contained herein, with respect to
Dow Jones & Company, Inc. only: (1) you may, on an occasional and irregular basis,
reproduce, distribute, display or transmit an insubstantial portion of the Market
Data provided by Dow Jones & Company, Inc. (the “Dow Jones information”), for a
non-commercial purpose and without charge, to a limited number of individuals,
provided you include all copyright and other proprietary rights notices with such
portion of the Dow Jones Information in the same form in which the notices appear
on the Dow Jones Information, the original source attribution, and the phrase
Used with permission from Dow Jones& Company”; (2) if you are an entity, you
may only retransmit or furnish the DowJones information to officers, partners or
employees in accordance with the foregoing sentence.
Notwithstanding any provisions to the contrary contained herein, the following
additional provisions apply to Market Data provided by Moody’s Investor
Services, Inc. (Moody’s”): The credit ratings if any, constituting part of the
Market Data are, and must be construed solely as, statements of opinion and
not statements of fact or recommendations to purchase, sell or hold securities.
Each rating or other opinion must be weighted solely as one factor in any
investment decision made by or on behalf of any user of the Market Data, and
each user must make its own study and evaluation of each security and of
each issuer and guarantor of, or of each provider of credit support for, each
security that it may consider purchasing, holding, or selling. Moody’s hereby
discloses that most issuers of debt securities and rated by Moody’s have, prior
to assignment of any rating, agreed to pay Moody’s for the appraisal and rating
services rendered by its fees ranging from $1,500 to $1,500,000.
Page 5 | MerrillEdge Self-Directed Investing Terms of Service Code 422001PM-0321
These Terms of Service shall remain in effect as to the Information Providers
for so long as you have the ability to receive Market Data through the
MerrillEdge Self-Directed Investing website as contemplated hereby. In
addition, either you or Merrill may terminate your access to Market Data at
any time. You understand that Merrill is obligated to terminate access to
this site as to the provision of any or all of the Market Data pursuant to this
paragraph upon notice to that effect from any of the Information Providers.
The foregoing provisions regarding the proprietary nature of Market Data, third
party beneficiary enforcement by the Information Providers, and the disclaimer
of liability and disclaimer of warranty by the information Providers survive
termination of your access to Market Data. These Terms of Service supersede
each previous agreement between you and the Information Providers insofar
as the superseded agreement pertains to Market Data provided to you through
the MerrillEdge Self-Directed Investing website.
Disclaimer of Warranties and Liability Regarding Information Providers
and Market Data
THE MARKET DATA ACCESSIBLE THROUGH the MerrillEdge Self-Directed
Investing website IS PROVIDED “AS IS” AND THERE MAY BE DELAYS,
OMISSIONS OR INACCURACIES IN SUCH DATA. MERRILL, THE INFORMATION
PROVIDERS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES,
AFFILIATES AND AGENTS CANNOT AND DO NOT GUARANTEE THE
ACCURACY, SEQUENCE, COMPLETENESS, CURRENTNESS, TIMELINESS,
MERCHANT-ABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR
NONINFRINGEMENT Of THE MARKET DATA MADE AVAILABLE THROUGH
the MerrillEdge Self-Directed Investing website AND HEREBY DISCLAIM
ANY SUCH EXPRESS OR IMPLIED WARRANTIES. NEITHER MERRILL,
THE INFORMATION PROVIDERS, NOR THEIR RESPECTIVE DIRECTORS,
OFFICERS, EMPLOYEES, AFFILIATES AND AGENTS SHALL BE LIABLE TO
YOU OR TO ANYONE ELSE FOR ANY LOSS OR INJURY WHETHER OR NOT
CAUSED IN WHOLE OR IN PART BY THEIR NEGLIGENCE OR OMISSION IN
PROCURING, COMPILING, INTERPRETING, EDITING, WRITING, REPORTING,
OR DELIVERING ANY MARKET DATA THROUGH the MerrillEdge Self-
Directed Investing website OR BY ANY FORCE MAJEURE OR ANY CAUSE
BEYOND THEIR REASONABLE CONTROL. IN NO EVENT WILL MERRILL, THE
INFORMATION PROVIDERS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS,
EMPLOYEES, AFFILIATES OR AGENTS BE LIABLE TO YOU OR ANYONE ELSE
FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON
SUCH MARKET DATA OR FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL
OR SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS,
TRADING LOSSES, DAMAGES RESULTING FROM INCONVENIENCE, OR LOSS
OF USE OF the MerrillEdge Self-Directed Investing website, EVEN If ADVISED
OF THE POSSIBILITY Of SUCH DAMAGES.
Incorporation of Market Data Agreements With Exchanges
BY ACKNOWLEDGING THESE TERMS OF SERVICE, YOU AGREE (A) THAT
YOU UNDERSTAND, AND AGREE TO BE BOUND BY, THE AGREEMENT FOR
MARKET DATA DISPLAY SERVICES (THE “EXCHANGE AGREEMENT), THE
MATERIAL TERMS AND CONDITIONS OF WHICH ARE INCORPORATED
HEREIN; (B) THAT MERRILL IS NOT AN AGENT OF ANY OF THE EXCHANGES
OR OF NASDAQ AND IS NOT AUTHORIZED TO DEPART FROM THE
EXCHANGE AGREEMENT; AND (C) THAT NO PROVISION MAY BE ADDED
TO OR DELETED FROM THE EXCHANGE AGREEMENT AND THAT NO
MODIFICATIONS HAVE BEEN MADE TO IT ON YOUR BEHALF. YOU WARRANT
THAT YOU ARE LEGALLY ABLE TO UNDERTAKE THE OBLIGATIONS SET
FORTH IN, AND THE SIGNATORY IS DULY AUTHORIZED TO BIND YOU TO,
THE EXCHANGE AGREEMENT.
THE NASDAQ STOCK MARKET, INC. IS A THIRD PARTY BENEFICIARY TO THE
TERMS AND CONDITIONS OF THIS AGREEMENT. TO THE EXTENT THAT YOU
HAVE ANY CLAIMS AGAINST NASDAQ ARISING OUT OF THIS AGREEMENT
OR THE NASDAQ SUBSCRIBER AGREEMENT, THOSE CLAIMS SHALL BE
GOVERNED BY AND CONSTRUED AND ENFORCED IN ACCORDANCE WITH
THE STATE OF MARYLAND WITHOUT REFERENCE TO PRINCIPLES Of
CONFLICTS OF LAW, AND YOU CONSENT TO SUBMIT TO THE JURISDICTION
Of THE COURTS OF OR FOR THE STATE Of MARYLAND IN CONNECTION
WITH ANY SUCH CLAIM.
BY ACKNOWLEDGING THESE TERMS OF SERVICE, YOU CERTIFY TO THE
INFORMATION PROVIDERS, AND TO MERRILL, THAT YOU HAVE READ,
UNDERSTAND AND INTEND TO BE BOUND BY THESE TERMS OF SERVICE.
Note: The Funds Transfer Service and Bill Payment Services are governed
by separate enrollment terms and conditions, which are available in the
Documents & Forms Library, and are not governed by the above MerrillEdge
Self-Directed Investing Terms of Service.
17. Callable Securities/ Procedures for a partial redemption
If you hold securities with us that may be redeemed or called prior to maturity
and a partial call occurs, a fair and impartial approach will be used among
impacted clients to allocate the securities selected to be called.
For Merrill’s allocation procedures, please go to the following link or you may
request a hard copy by contacting the Investment Center at 1.877.653.4732.
https://olui2.fs.ml.com/Publish/Content/application/pdf/GWMOL/
PartialCallProcessNotice.pdf
18. Extended Hours Trading Agreement
IMPORTANT INFORMATION ABOUT EXTENDED HOURS TRADING
THROUGH ELECTRONIC COMMUNICATION NETWORKS.
Due to the nature of the extended hours trading market, trading in the
pre-market and after hours through an ECN may pose certain risks which
are greater than those present during normal market hours.
Risk of Lower Liquidity
Liquidity refers to the ability of market participants to buy and sell securities.
Generally, the more orders that are available in a market, the greater the
liquidity. Liquidity is important because with greater liquidity it is easier for
investors to buy or sell securities, and as a result, investors are more likely to
pay or receive a competitive price for securities purchased or sold. There may
be lower liquidity in extended hours trading as compared to regular trading
hours. As a result, your order may only be partially executed, or not at all.
Risk of Higher Volatility
Volatility refers to the changes in price that securities undergo when trading.
Generally, the higher the volatility of a security, the greater its price swings.
There may be greater volatility in extended hours trading than in regular
trading hours. As a result, your order may only be partially executed, or not
at all, or you may receive an inferior price when engaging in extended hours
trading than you would during regular trading hours.
Risk of Changing Prices
The prices of securities traded in extended hours trading may not reflect the
prices either at the end of regular trading hours, or upon the opening the next
morning. As a result, you may receive an inferior price when engaging in
extended hours trading than you would during regular trading hours.
Risk of Unlinked Markets
Depending on the extended hours trading system or the time of day, the prices
displayed on a particular extended hours trading system may not reflect the
prices in other concurrently operating extended hours trading systems dealing
in the same securities. Accordingly, you may receive an inferior price in one
extended hours trading system than you would in another extended hours
trading system.
Risk of News Announcements
Normally, issuers make news announcements that may affect the price of their
securities after regular trading hours. Similarly, important financial information
is frequently announced outside of regular trading hours. In extended hours
trading, these announcements may occur during trading, and if combined
with lower liquidity and higher volatility, may cause an exaggerated and
unsustainable effect on the price of a security.
Risk of Wider Spreads
The spread refers to the difference in price between what you can buy a
security for and what you can sell it for. Lower liquidity and higher volatility in
extended hours trading may result in wider than normal spreads for a particular
security.
Page 6 | MerrillEdge Self-Directed Investing Terms of Service Code 422001PM-0321
Time and Price Priority of Orders
Orders entered into the extended hours session are generally handled in
the order in which they were received at each price level. Therefore, orders
transmitted to the ECN by other investors before your order may match an
existing order that you were attempting to match, thereby removing that order
from the ECN order book. Similarly, your order may not be first in line to be
executed if a matching order comes into the ECN. This may prevent your order
from being executed, in whole or in part, or from receiving as favorable a price
as you might receive during normal market hours.
Communication Delays
Delays or failure in communications due to a high volume of orders or
communications, or other computer system problems, may cause delays
in, or prevent execution of your order.
Terms and Conditions
Trading through ECN Extended Hours session on the ECN is subject to the
terms and conditions (“Terms”) and policies set forth by Merrill and subject to
change without notice. Trading in the pre-market session may not be available
to all users. Users of the extended hours trading session should contact an
investment specialist to determine the availability of pre-market trading.
By using the ECN Extended Hours trading facility, you acknowledge your
understanding of the risks set forth above and your agreement to the Terms
set forth below.
We reserve the right not to accept an order for the ECN Extended Hours session
at their discretion and will attempt to notify you if your order is not accepted.
We will only accept limit orders for ECN Extended Hours trading. You must
indicate a specific price at which you are willing to buy or sell the security you
are interested in. You may not trade against an order entered by you. In other
words, you may not buy securities you offered for sale in the ECN, and vice versa.
The maximum order size is 100,000 shares.
Prices must be entered in decimals.
Only certain securities will be eligible for trading through the ECN Extended
Hours session, so all orders must be for securities traded on the ECN. If a stock
normally traded on the ECN closes on a trading halt in its primary market, or
trading is later halted by its primary exchange or a regulatory authority, trading
of that stock will be suspended on the ECN.
ECN pre-market orders can be placed from 7:00 to 9:30 a.m. Eastern. Pre-market
Orders we receive will be sent to the ECN for execution in the order in which they
are received. We will continue to send ECN pre-market orders as they are received
until 9:30 a.m. Eastern unless trading is halted prior to 9:30 a.m. Eastern.
ECN after-hours orders can be placed from 4:01 to 8:00 p.m. Eastern (After
Hours Orders). After Hours Orders we receive will be sent to the ECN for
execution in the order in which they are received. We will continue to send
After Hours Orders to the ECN until 8:00 p.m. Eastern unless trading is halted
prior to 8:00 p.m. Eastern.
If ECN pre-market trading is available, orders not filled during the ECN pre-
market session are automatically canceled if they are not filled by the end of
the session (i.e., 9:30 a.m. Eastern) during which they were placed. You must
re-enter these orders during normal market hours if you still wish to have the
trades executed.
Orders not filled during the ECN after hours session are automatically canceled
if they are not filled by the end of the session (i.e., 8:00 p.m. Eastern) during
which they were placed. You must re-enter these orders during normal market
hours if you still wish to have the trades executed.
Merrill is not liable for delays in the transmission of orders due to a breakdown
or failure of transmission, communication or data processing facilities, or for
any other cause beyond our reasonable control.
Transactions are subject to the applicable rules and regulations of the self-
regulatory organizations and governmental authorities.
Transactions are subject to all other agreements applicable to your account(s).
MerrillLynch, Pierce, Fenner & Smith Incorporated (also referred to as “MLPF&S” or “Merrill”) makes available certain investment products sponsored, managed, distributed or
provided by companies that are affiliates of BankofAmerica Corporation (BofACorp.). MLPF&S is a registered broker-dealer, registered investment adviser, Member SIPC and a
whollyowned subsidiary of BofACorp.
MerrillEdge® Self-Directed is available through MLPF&S.
Banking products are provided by BankofAmerica, N.A., and affiliated banks, Members FDIC and wholly owned subsidiaries of BofACorp.
Investment products:
Are Not FDIC Insured Are Not Bank Guaranteed May Lose Value
© 2021 BankofAmerica Corporation. All rights reserved. | BRO-03-21-0179 | 03/2021
To learn about BankofAmerica’s environmental goals and initiatives, go to bankofamerica.com/environment. Leaf icon is a registered trademark of BankofAmerica Corporation.
Page 7 | MerrillEdge Self-Directed Investing Terms of Service Code 422001PM-0321
MerrillLynch, Pierce, Fenner & Smith Incorporated (also referred to as “MLPF&S” or “Merrill”) makes available certain investment products sponsored, managed, distributed or provided by companies
that are affiliates of BankofAmerica Corporation (“BofACorp.”). MLPF&S is a registered broker-dealer, registered investment adviser, Member SIPC and a wholly owned subsidiary of BofACorp.
MerrillEdge® Self-Directed is available through MLPF&S.
Investment products:
MerrillEdge
®
Self-Directed
Cash Management Account
®
(CMA
®
Account)
Disclosures and Account Agreement
Are Not FDIC Insured Are Not Bank Guaranteed May Lose Value
Page 2 | MerrillEdge Self-Directed CMA Agreement Code 470819PM-1121
Table of Contents
About Your Accounts ...........................................page 2
Opening an Account ................................................ page 3
Investing .......................................................... page 3
Cash Management .................................................page 3
MerrillCMA Access® Visa® Deferred Debit and Checks .................page 4
Account Information ................................................page 6
About Optional Services ....................................... page 6
Historical Pricing and Valuation Service ...............................page 6
Account Statement Linking .......................................... page 6
Account Linking to BankofAmerica Debit Card ........................page 6
Automated Investing ................................................page 6
Electronic Bill Payment ..............................................page 6
Direct Deposit ..................................................... page 6
Direct Reinvestment ................................................page 7
Funds Transfer Service ..............................................page 7
merrilledge.com ....................................................page 7
Inter-Company Transfer of Funds ....................................page 7
Additional Notes on Electronic Transfers .....................page 7
Remittance Transfers .......................................... page 8
About Margin Lending ......................................... page 8
About Fees .....................................................page 12
Annual Account and Visa Card Fees ..................................page 12
Other Fees and Charges. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . page 12
Account Agreement ...........................................page 13
Securities-Based Loans Disclosure Statement ..............page 17
About the MerrillLynch Direct Deposit Program ............page 18
The following pages contain the disclosures and agreement governing your
MerrillEdge Self-Directed CMA Account, including disclosures required by
federal law.
About Your Accounts
1) A Merrill Edge Self-Directed CMA account is a securities account
that offers you (hereafter referred to as “you” or “account holder”
or “each person named on the account”) access to a full range of
investment products and services.
2) A Merrill Edge Self-Directed CMA account is an investment account that
lets you trade and research mutual funds, stocks, fixed income and other
securities, while providing check-writing, online bill payment and a Visa card.
3) Merrill Lynch, Pierce, Fenner & Smith Incorporated (hereafter referred
to as “Merrill” or “we” or “our” or “us”) is a registered broker-dealer
and a wholly owned subsidiary of Bank of America Corporation.
Merrill is not a bank and is separate from its FDIC-insured affiliates,
which include Bank of America California, N.A., Bank of America,
N.A. (hereafter referred to as the “Merrill Affiliated Banks”) or other
depository institutions. Banking services available through the
MerrillEdge Self-Directed CMA Account are provided by or through
licensed banks.
4) Merrill Edge Self-Directed CMA Accounts are governed by the rules and
regulations of the Securities and Exchange Commission (SEC), the Federal
Reserve System, the State of New York, and the Financial Industry Regulatory
Authority (FINRA), as well as Merrill’s own policies and procedures.
5) Except where disclosed, securities sold, offered or recommended by Merrill
are not insured by the Federal Deposit Insurance Corporation (FDIC), may
fluctuate in value, and are not obligations of, or endorsed or guaranteed in
any way by, any bank. Merrill is solely responsible for its own contractual
obligations and commitments.
6) Merrill will hold all securities in your CMA account in a control location
acceptable to the SEC Commission, which may include, but is not limited
to: (i) a securities depository, such as the federally-regulated Depository
Trust Company for U.S. issuers and Euroclear for European issuers, (ii)
a Federal Reserve member bank, or (iii) a mutual fund’s transfer agent.
Securities are commingled in a Merrill book-entry account, generally held
in nominee name at the control location, along with securities belonging
to other Merrill customers. Your securities will at all times be separately
identified on the books and records of Merrill as belonging to you, and
Merrill will provide you with account statements that reflect your holdings.
This method of custody, which has significantly increased efficiencies
and reduced the risks associated with holding customer securities, is used
by all major banks, trust companies and brokerage firms and has been
recognized as providing unsurpassed safety for holders of securities. With
regard to the custody of your securities, Merrill acts as your agent and
transmits your instructions through the appropriate control location.
7) Where securities are not held in nominee name, the issuer or control
location, as appropriate, recognizes Merrill as your agent and honors
instructions provided by Merrill on your behalf.
MerrillEdge
®
Self-Directed
Cash Management Account
®
(CMA
®
Account)
Disclosures and Account Agreement
Page 3 | MerrillEdge Self-Directed CMA Agreement Code 470819PM-1121
Opening an Account
8) To open an account you must provide certain information about yourself
and other account holders.
9) Merrill, like all U.S. financial institutions, is required to follow federal regulations
to assist the government in its efforts to fight money laundering and other
financial crimes, and to counter terrorist financing efforts in the U.S. and
globally. Merrill obtains specific personal information from you in order to
verify your identity; and you may be required to present documentary evidence
of your identity in the form of government-issued identification. Merrill also
uses third-party vendors to verify customer information. Foreign nationals
whoare permanent legal residents of the U.S. may be required to present
aPermanent Resident Card (i.e., “green card”) and a Social Security number
toopen an account in a U.S.-based Merrill office. Non-individuals (e.g., a
business, trust or estate) must submit sufficient evidence of legal status.
10) In addition to verifying the identity of our customers, Merrill captures
personal information on all customers and related authorized parties
who have the ability to transact, control, influence or manage an account,
whether directly or indirectly. Merrill, at its discretion, may elect not
to accept an account, or to terminate the account agreement and the
account agreements of any related parties.
Investing
11) Your account is used to buy, sell and hold securities and other property.
12) Please note that your account is debited on the settlement date of a
securities transaction and not on the trade date.
13) Unless you are enrolled in our Margin Lending Program, trades must be
conducted on a “fully paid basis,” meaning they must be paid in full on the
settlement date. If you wish to trade on margin, your account must be
opened as a margin account (see “About Margin Lending,” page 8).
SIPC and “excess-SIPC” coverage
14) The securities and cash that Merrill holds in your CMA Account are
protected by the SIPC. If a U.S. broker-dealer fails, SIPC funds are available
to make up for any shortfall of clients’ assets that the broker-dealer was
required to maintain — up to a maximum of $500,000 per client for
securities, inclusive of up to $250,000 per client for cash.
15) In addition, Merrill has obtained “excess-SIPC” coverage from a Lloyd’s
of London syndicate. This policy provides further protection for each
customer (including up to $1.9 million for cash), subject to an aggregate
loss limit of $1 billion for all customer claims.
16) SIPC and the excess-SIPC coverage do not protect against investment
losses from market action.
17) Accounts in the MLDD Program are assigned to either the standard tier
or Tier 6 for purposes of determining the interest rate. Accounts enrolled
in an investment advisory program (such as Merrill Guided Investing),
irrevocable trusts and certain fiduciary accounts will be assigned to Tier 6.
All other accounts will be assigned to the standard tier. Accounts assigned
to Tier 6 generally receive a higher yield on their bank deposits.
18) Each account held by a separate customer (as defined by applicable law) is
treated separately for purposes of SIPC protection.
19) You may obtain further information about the SIPC, including the SIPC
brochure, via the SIPC’s website at http://www.sipc.org or by calling
the SIPC at 202.371.8300.
Cash Management
20) Cash balances in your CMA account automatically deposit into the
MerrillLynch Direct Deposit Program. The deposit of checks, the sale
of securities and other activity generate cash in your account. Available
cash balances are automatically swept into bank deposit accounts with
BankofAmerica, N.A. (under the Merrill Lynch Direct Deposit Program).
Until that time, your cash balances will not earn interest.
21) No Sweep Option - You may elect that any cash balances do not sweep
to MerrillLynch Direct Deposit Program. Cash balances (known as “free
credit balances”) will not earn interest. These balances will be part of
assets held in your CMA account which are protected by SIPC coverage up
to $500,000 for securities and cash per customer, of which no more than
$250,000 may be cash and excess-SIPC coverage, as described in this
agreement, but will not be covered by FDIC insurance.
22) Your Merrill statement will indicate where your cash balances are
deposited or invested.
23) At any time, you may withdraw available cash balances held in your
account or access your money accounts using checks or Visa cards issued
for use with your account or through electronic transfers. Cash balances
will be used and money account balances will automatically be withdrawn to
pay for securities purchases or to meet margin calls or other obligations that
arise in connection with your account (see “When and how your account is
debited,” page 5).
24) Deposited funds typically post to the account within two days of receipt,
but can be held from investment and withdrawal for up to eight days.
However, funds from electronic fund transfers, other than debits to third-
party bank accounts originated through Merrill, and funds from deposits
of many types of checks frequently can be withdrawn the next business
day following their receipt by Merrill. Longer delays generally apply, among
other things, to larger dollar deposits and deposits to new accounts. You
can request more specific information about availability by calling the
Investment Center at 877.653.4732. A business day is defined as one in
which both the New York Stock Exchange and New York banks are open
for business.
25) If we cease to offer a particular money account, we are authorized (but
not obligated) to place cash balances automatically in another comparable
money account.
26) Merrill may change the money account options at any time.
MerrillLynch Direct Deposit Program
27) In your Merrill Edge Self-Directed CMA Account, provided you do not choose
the No Sweep option, cash balances of $1 or more are automatically
swept into MerrillLynch Direct Deposit Program on the business day
after the funds are received, provided the funds are received before our
cashiering deadline.
28) If you have pending transactions in your Merrill Edge Self-Directed CMA
Account, on the business day funds are to be swept into MLDDP, the
amount of those transactions may be deducted from the sweep amount.
29) Only whole dollar amounts are swept into MLDDP.
30) The Merrill Lynch Direct Deposit Program sweeps available cash balances
to a separate bank deposit account at BankofAmerica, N.A. (member
FDIC). Funds held in this account are protected by FDIC insurance for up
to $250,000 per depositor, per ownership category, perbank.
31) Interest rates for the Merrill Lynch Direct Deposit Program are determined
at the discretion of BANA based on economic and business conditions and
are subject to change. A Merrill Representative will be available to discuss
alternatives for your cash or bank deposit account balances. However, Merrill
does not undertake any obligation to ensure you receive any particular rate
of interest, or to advise you to invest your cash or bank deposit balances
in higher-yielding cash alternatives. The interest rates for the bank deposit
accounts may be different from yields on money market mutual funds and
other cash alternatives. For current yields on bank deposit balances, call
the Investment Center at 877.653.4732 or visit merrilledge.com (see the
“Deposit Account & Money Fund Rates” link at the bottom of each page).
32) Interest on bank deposit accounts maintained through the Merrill Lynch
Direct Deposit Program will be compounded on a daily basis and
creditedmonthly.
33) CMA Accounts enrolled in an investment advisory program (such
as Merrill Guided Investing), irrevocable trusts and certain fiduciary
accounts will be assigned to Tier 6 in the MerrillLynch Direct Deposit
Program for the purposes of determining the interest rate. All other
accounts will be assigned to the standard tier with the MerrillLynch
Direct Deposit Program.
34) Newly opened accounts that are eligible for Tier 6 will be assigned
to Tier 6 upon enrolling in the MerrillLynch Direct Deposit Program.
Existing accounts that become eligible for Tier 6 (e.g., through enrolling
in an investment advisory program) will not be assigned to Tier 6 until
the beginning of the next calendar month. If an existing account loses
eligibility for Tier 6 (e.g., by terminating its enrollment in an investment
advisory program),the account will continue to be assigned to Tier 6 until
the end of the current calendar month, at which time it will be re-assigned
back to the standard tier within the MerrillLynch Direct Deposit Program.
Page 4 | MerrillEdge Self-Directed CMA Agreement Code 470819PM-1121
35) As explained above, the tier assignment for accounts in the MerrillLynch
Direct Deposit Program may change on the first Business Day of each
calendar month due to account changes. If an account’s tier assignment
changes, the new tier assignment will generally affect the interest earned
for the MerrillLynch Direct Deposit Program.
36) For additional information about the Merrill Lynch Direct Deposit Program,
including information about FDIC insurance and the way bank deposits
benefit Merrill and BANA, see “About the Merrill Lynch Direct Deposit
Program,” page 18.
Right to change/suspend Money Accounts
37) Merrill may change the Money Accounts available under the Sweep
Program at any time. If a particular Money Account is no longer generally
available in the Service or is no longer available, you authorize Merrill
to transfer, exchange and/or convert any existing shares/balances in
such Money Account into another Money Account. If the offering of
any particular Money Account is suspended for any reason, Merrill is
authorized, but not obligated, to cause available Cash Balances in the
CMAAccount to be invested/deposited in another Money Account.
Merrill, may, with 30 days prior written notice, (i) make changes to the
terms and conditions of our Sweep Program; (ii) make changes to the
terms and conditions of any Money Account; (iii) change, add or remove
the Money Account available as sweep product; (iv) transfer your Money
Account from one sweep product to another.
Merrill CMA Access® Visa® Deferred Debit and Checks
38) Checks may be issued for use with the Merrill Edge Self-Directed
CMA Account.
39) You may also be issued one or more Visa cards for use with your
Merrill Edge Self-Directed CMA Account. Visa cards may be used to make
purchases at Visa participating establishments or to obtain cash and cash
advances from ATMs and Visa participating banks or branches.
40) The Visa cards are issued to you by BANA, and may only be issued to
account holders with an official address located in the United States.
Checks are drawn on BANA, or such other bank as selected from time
to time by Merrill. Check transactions are processed through an account
established by Merrill, BANA, or such other banks as selected from time to
time by Merrill.
41) ATM withdrawals and Visa card cash advances are debited against your
Merrill Edge Self-Directed CMA Account when the charge is presented to
us. Visa card purchases are debited from your account once a month.
Purchasing power
42) The amount available for Visa card, check and other transactions is called
your “purchasing power.” Since your purchasing power is dependent upon
a variety of factors, such as Visa card usage and, if you participate in the
Margin Lending Program, the price of the securities held in your account,
your purchasing power will fluctuate from day to day.
43) Purchasing power equals the total of any available cash balances in your
account, your available money account balances and available credit
through margin lending (if applicable).
44) Your purchasing power is adjusted at the following times:
When the Visa card issuer is notified of a charge, not when charges
are paid;
On the trade date of securities transactions, not the settlement date;
When you request a next-day fund transfer through the FTS, provided
there is a sufficient balance in your account; and
Two days prior to any future or recurring transfers through FTS, again
provided there is a sufficient balance.
45) Cash deposited at any Bank of America ATM will be immediately reflected
in your purchasing power. You should allow up to eight days for a check
credited to your account to be reflected in your purchasing power. All
checks delivered to us (via a Bank of America ATM or otherwise) for credit
to your account must be in U.S. funds and drawn on a U.S. bank or other
financial institution, and are subject to final collection. You should also
allow up to six days for an electronic fund transfer to be reflected in your
purchasing power. However, electronic fund transfers, other than debits
to third-party bank accounts originated through Merrill, and deposits of
many types of checks frequently will be reflected in your purchasing power
on the next business day following their receipt by Merrill. Longer delays
generally apply, among other things, to larger dollar deposits and deposits
to new accounts. You can request detailed information about availability by
calling the Investment Center at 877.653.4732.
Exceeding your purchasing power
46) If you exceed your purchasing power in your Merrill Edge Self-Directed
CMA Account, you will be in default, which may result in, among other
things, termination of your subscription to the Merrill Edge Self-Directed
CMA Account.
47) If a transaction in your Merrill Edge Self-Directed CMA Account causes you
to be in default, BANA may, but is not obligated to, accept the transaction
amount exceeding your purchasing power as an overdraft and make
unsecured advances of funds on your behalf. If BANA does so, you will be
notified and you agree to pay immediately the amount of the overdraft
together with any applicable finance charges. BANA overdraft loans incur
finance charges on the average daily balance at an annual rate specified in
the account agreement.
ATM transactions
48) In order to access an ATM using your Visa card, you will need a personal
identification number (PIN). Upon receipt of your card, you will need to
call Merrill to obtain a PIN. You should safeguard your PIN: Do not write it
on your card or keep it in any place where it may be found with your card.
Once a PIN is established, you will have the ability to change the PIN at most
Bank of America ATMs. If you lose or forget your PIN, call the Investment
Center at 877.653.4732.
49) Cash withdrawals: You may withdraw up to $2,500 a day with your
Visa card. Please note, some ATM operators may have different limits on
withdrawals. In addition, cash advances may be limited by banks to $5,000
per account per day.
50) There are no fixed limits on your Visa card transactions. You are only limited
by your purchasing power or spending limit (see “Purchasing power,”
page 4).
51) Deposits: You may deposit checks and cash at any deposit-taking
Bank of America ATM. Checks may also be deposited at any Merrill branch
office, but cash can only be deposited at a Bank of America ATM—it
cannot be accepted at any Merrill branch office.
Deposit
type
BankofAmerica
deposit-taking ATM
Merrill branch office
(Cashier)
Checks YES YES
Cash YES NO
Deposits to brokerage accounts are not accepted by Bank of America
financial center tellers.
52) Purchasing power (available balance) inquiry: You may view your account’s
purchasing power at most Bank of America ATMs by choosing to check
your “Available Balance” on the ATM screen. Your purchasing power will be
reflected at the ATM as follows:
Total Available Funds:
1
This is the total amount of funds available to
you at the time of your ATM balance inquiry.
1
Total Available Funds is not your account value; it’s the amount available for purchases and/or
transactions in your account at a particular point in time.
Mobile deposits
53) You may make check deposits to your Merrill Edge Self-Directed CMA
Account by using the MerrillEdge Mobile Investing application with your
mobile device. Deposited funds typically post to the account within two
days of receipt, but can be held from investment and withdrawal for up to
eight days. There is no fee to download and to use the MerrillEdge Mobile
Investing, but you may be charged fees by your wireless service provider.
Please contact your service provider for details on specific fees. For more
information regarding this application, please call the Investment Center at
877.653.4732 or visit merrilledge.com.
Page 5 | MerrillEdge Self-Directed CMA Agreement Code 470819PM-1121
Checkwriting
54) Checks should be written in U.S. dollars only.
55) You may not use checks for your Merrill Edge Self-Directed CMA
Account to:
Purchase securities
Purchase shares of the money funds
Make deposits through the Merrill Lynch Direct Deposit Program
Make payments on outstanding loans from, or overdraft advances
extended by, BANA
56) You can view, download or print copies of your cancelled checks through
merrilledge.com, or you can request copies by calling the Investment
Center at 877.653.4732. Original checks will not be returned to you,
although you can obtain an original check by calling the Investment Center
at 877.653.4732.
57) The bank through which your checks are processed and Merrill reserve the
right to pay post-dated checks, although it and we are not obligated to do
so. The bank and we also reserve the right not to pay checks that it or we
determine, in our sole discretion, are incomplete or improperly completed.
Any checks that exceed your purchasing power or spending limit may also
not be honored.
58) If you request checks be signed with a signature stamp or signature plate,
you agree that such requirements are for your internal purposes only, and
neither Merrill nor the bank through which your checks are processed will
have any responsibility or liability for the payment of any check signed
with a signature stamp/plate.
59) You may request a stop payment on a check. To stop payment, call the
Investment Center at 877.653.4732 and provide details of the check,
including the number, date, payee and exact amount. There may be a fee
for this service (see “Other Fees and Charges,” page 11).
60) If you provide information that is incorrect or untimely, or you do not comply
promptly with a request for other reasonable information, neither Merrill nor
the bank through which checks are processed will be responsible if payment
cannot be stopped. If, for any reason, Merrill fails to stop payment on a check,
we may, without liability, delay re-crediting your account while we determine
the rights of parties involved. In addition, neither Merrill nor the bank
processing your checks will be liable if, through inadvertent payment contrary
to a request to stop payment, other items are returned unpaid.
When and how your account is debited
61) You agree to pay BANA for the Visa card purchases (including direct debits)
posted to your Visa card account. You authorize Merrill to pay BANA from the
assets in your Merrill Edge Self-Directed CMA Account, including, if applicable,
by making loans to you. Merrill will not debit your Merrill Edge Self-Directed
CMA Account until the Wednesday before the last Friday of the month for all
purchases posted to your Visa card account for that monthly period (“Delayed
Debit”). If purchases exceed $100,000 in a monthly cycle, you must execute a
Statement of Purpose (Federal Reserve Form U-1) for BANA. If the Form U-1
is not on file, the entire amount of outstanding purchases will be immediately
debited from your Merrill Edge Self-Directed CMA Account. Any subsequent
charges not exceeding $100,000 clearing the account during the same
monthly cycle will be debited on the Wednesday before the last Friday of the
month. Cash advances and ATM transactions obtained with your Visa card(s)
at participating financial institutions or at ATMs will not be delayed and will be
paid from the Merrill Edge Self-Directed CMA Account on the date that the
notice of the transaction is received by Merrill.
62) We will make payments for debits in the following order of priority:
Available cash balances in your account
Available balances in money accounts
Available credit through margin lending (if enrolled)
63) This system avoids cost of a margin loan until available cash balances and
funds in money accounts (excluding automated minimums) are fullyused.
64) Please note, if you expect to charge more than $100,000 to your Visa card in
any monthly cycle, you must complete a Statement of Purpose form (Federal
Reserve Form FR U-1) for the bank that issued your Visa card. If this form is
not completed, the entire amount of your outstanding card purchases will be
immediately debited from your account. Subsequent charges, provided they
total less than $100,000, will continue to be debited on a monthly basis.
65) If for any reason your participation in the Merrill CMA Access® Visa®
Deferred Debit is cancelled, you must cease using your card(s). Current
charges will be debited to your account on the next business day, and new
items will be debited on receipt instead of at the end of the monthly cycle.
Charges made abroad
66) An international transaction fee equal to 2% applies to the U.S. dollar
amount of all transactions that occur outside the U.S., including purchases,
credits, ATM withdrawals and cash advance transactions. This fee will
only apply to transactions submitted to Visa in a currency other than U.S.
dollars and will be in addition to any other applicable transaction fees.
67) Visa transactions in a foreign currency are converted by Visa into a
U.S. dollar amount in accordance with Visa’s operating regulations and
conversion procedures in effect at the time the transaction is processed.
Visa’s regulations and procedures currently provide that the currency
conversion rate used is a rate selected by Visa from the range of rates
available in wholesale currency markets, which rate may vary from the
rate Visa itself receives, or a government-mandated rate. The method of
currency conversion is subject to change by Visa without notice.
68) The currency conversion rate in effect on the processing date may also
differ from the rate in effect on the transaction date or posting date.
Transactions made in a foreign currency that are submitted to Visa in U.S.
dollars will be posted to your account in that U.S. dollar amount.
Billing rights and overdrafts
69) YOUR BILLING RIGHTS
KEEP THIS NOTICE FOR FUTURE USE
70) This notice contains important information about your rights and our
responsibilities under the Fair Credit Billing Act.
Notify us in case of errors or questions
71) If you think any transaction on your account statement or a BANA overdraft
notice is wrong, or if you need more information about a transaction, you
should write to Bank of America, N.A. (BANA), as soon as possible at:
Merrill
Attn: CMA Operations
NJ2-800-01-03
P.O. Box 1501
Pennington, NJ 08534-0671
72) In your letter, provide the following information:
Your name, address and account number;
The dollar amount of the suspected error;
A description of the item in question; and
Why you believe there is an error.
73) BANA must hear from you no later than 60 days after we send you the
first account statement or overdraft notice on which the error or problem
appeared. You may also call us at 877.653.4732, but doing so will not
preserve your rights. Outside the U.S., call collect 609.818.8000.
Your rights and our responsibilities after we receive your written notice
74) BANA must acknowledge your letter within 30 days unless it has corrected
the error by then. Within 90 days, it must either correct the error or explain
why it believes the statement or overdraft notice was correct.
75) After BANA receives your letter, it cannot try to collect an amount you
question or report you as delinquent. It can continue to bill you for the
amount, including finance charges, and can apply any unpaid amount
against your purchasing power. You do not have to pay any questioned
amount while BANA is investigating, but you are still obligated to pay any
amount that is not in question.
76) If it is found that a mistake was made on your overdraft notice, you will
not have to pay any related finance charges. If the bank finds that a
mistake was not made on your statement or overdraft notice, you will have
to pay the questioned amount, including any overdraft finance charges.
The bank will notify you through us in writing of the amount owed and due
date for payment.
77) If you fail to pay the amount that Bank of America, N.A., thinks that you
owe, it may report you as delinquent. However, if Bank of America, N.A.’s
explanation does not satisfy you, and you write to it within 10 days telling
it that you still refuse to pay, it must tell anyone it reports you to that you
Page 6 | MerrillEdge Self-Directed CMA Agreement Code 470819PM-1121
have a question about your monthly transaction statement or overdraft
notice. And, BANA must tell you the name of anyone it reported you to.
Bank of America, N.A., must tell anyone it reports you to that the matter
has been settled with you when it finally is.
78) If the bank does not follow these rules, it cannot collect the first $50 of
the questioned amount, even if your statement or overdraft notice is correct.
Account Information
79) You can obtain account information in three ways: through our Investment
Center at 877.653.4732; on your account statements; and through
merrilledge.com (once activated).
80) For more information on merrilledge.com, see page 7.
Monthly transaction statements
81) Merrill Edge Self-Directed CMA Account statements are sent each month.
82) Your statement(s) will include details of:
Securities bought, sold and held in your account
Other types of transactions in your account, including credit interest
charges, if any
Money account transactions
Interest received on money account balances
Visa card purchases and cash advances
Checks drawn on your account
Pre-authorized electronic transfers
Other fund transfers
Electronic bill payments
ATM withdrawals and deposits
Mobile check deposits
About Optional Services
83) To enhance the capabilities of the Merrill Edge Self-Directed CMA
Account, Merrill offers several optional services. Optional services may
entail additional fees or charges (see “About Fees,” page 11).
84) You may enroll in these services when you open your account. Once you
have established an account and we have your signature on file, you may
be eligible to enroll in these services at a later date.
Historical Pricing and Valuation Service
85) You can request a report showing the securities held in your Merrill Edge
Self-Directed CMA Account as of a specific date. For an additional fee,
you may also request that we provide historical values for publicly traded
securities for gift, estate tax or other planning purposes.
86) Call the Investment Center at 877.653.4732 for more information
aboutthis service.
Account Statement Linking
87) The Statement Link Service allows certain Merrill accounts to be “linked”
so that account statements for all linked accounts are mailed in a single
package.
88) Statements for linked accounts are sent to one of the account holders,
who has been appointed as the other account holders’ “agent” to receive
their monthly statements and related notices or communications. Please
note, all account holders remain responsible for verifying the accuracy of
their individual statements, reading notices and directing activity in their
individualaccounts.
89) The assets of linked accounts are not commingled, and each account
holder retains control over his or her individual account.
Account Linking to BankofAmerica Debit Card
90) Certain Merrill brokerage accounts can be linked to a Bank of America
debit card. Linking your brokerage account to your Bank of America
debit card allows you to access your brokerage account at most
Bank of America ATMs. If you choose to link your brokerage account
to your Bank of America debit card and you also have a Merrill-branded
deferred debit Visa card for your brokerage account, both cards will
remain active with their respective PINs; however, your Merrill card
will not be able to access your Bank of America deposit accounts.
Please note though that any limitations applicable to the card being
used (such as daily cash withdrawal limits) will apply when that card is
used—regardless of the account being accessed. Linking of a brokerage
account to a Bank of America debit card will allow you to transfer funds
between your brokerage accounts at Merrill and your deposit accounts at
Bank of America when using your Bank of America debit card.
91) Point of sale transactions with your Merrill deferred debit card will
continue to clear against your brokerage account, and point of sale
transactions with your Bank of America debit card will continue to clear
against your primary bank account linked to that card.
92) Certain accounts may not have this ability. Please contact the Investment
Center at 877.653.4732 if you have any questions.
Automated Investing
93) When you enroll in automated investing, we will automatically buy shares
on your behalf in a mutual fund according to a predetermined schedule.
You may enroll to invest through your accounts or transfer funds from
your accounts for investment through another Merrill account. All mutual
fund purchases are subject to the eligibility terms in the mutual fund’s
prospectus or statement of additional information. The availability of
certain mutual funds and/or share classes offered by a mutual fund may
be limited at Merrill to specific service models.
94) A Merrill Representative can provide you with further information about
this service.
Electronic Bill Payment
95) You can pay your monthly bills with ease using our electronic bill payment
service (also referred to as Bill Pay). The service allows you to make
one-time or recurring payments from your Merrill Edge Self-Directed
CMA Account to third parties using your Web-connected home or office
computer.
96) Bill payments are debited to your account electronically or by drafts that
clear like Merrill Edge Self-Directed CMA Account checks. Bill payments
are clearly indicated on your monthly statements.
97) For fees applicable to this service, see “About Fees,” page 11.
98) In the event of erroneous bill payments, we are authorized to credit or debit
your account to correct such transactions, subject to applicable laws, rules
and regulations. Payments will not be cleared if they exceed your purchasing
power or spending limit (see “Merrill CMA Access® Visa® Deferred Debit and
Checks,” page 4), and BANA is not obligated to provide you with funds as
anoverdraft.
99) For more information on electronic bill payment, refer to Bill Pay service at
merrilledge.com or call the Investment Center at 877.653.4732.
Direct Deposit
100) Through the direct deposit service, you can have payroll, pension, Social
Security and other recurring payments sent electronically into your
account on your payroll date or on the effective date of the payment, and
those payments will be swept into your primary money account on the
business day after the funds and data necessary to identify your account
are received.
101) Go to merrilledge.com for more information about enrolling in this service.
Page 7 | MerrillEdge Self-Directed CMA Agreement Code 470819PM-1121
Direct Reinvestment
102) By enrolling in the direct reinvestment service, you can have dividends
from all New York Stock Exchange, American Stock Exchange and
Nasdaq Stock Market-listed stocks and most mutual funds automatically
reinvested into more shares of the same stock or fund without
commission charges.
103) Call the Investment Center at 877.653.4732 for more information on
this service.
Funds Transfer Service
104) You can transfer funds electronically to accounts outside Merrill or to other
central asset accounts at Merrill by enrolling in the Funds Transfer Service
(FTS). There is a $100 minimum for electronic fund transfers.
105) You can arrange a funds transfer online at merrilledge.com or by calling
877.653.4732. Transfers will be completed as soon as the next business
day (or the same day if between Merrill accounts). You can also set up
recurring transfers.
106) Your accounts will be debited in the same order of priority described under
“Merrill CMA Access® Visa® Deferred Debit and Checks,” page 4, and the
transfer will not be completed if it exceeds your purchasing power or spending
limit. Fund transfers to your account will not be reflected in your purchasing
power or spending limit for up to 6 days, subject to applicablelaws.
107) Restrictions apply on fund transfers from certain fiduciary accounts.
Call 877.653.4732 for details.
108) Please note that you will be prompted to call us to set up a password for use
in initiating transfers. You should safeguard this password and not share it
with anyone.
109) In the event of erroneous fund transfers, we are authorized to credit or debit
your account to correct such transactions, subject to applicable laws, rules
and regulations.
merrilledge.com
110) All account holders may enroll in merrilledge.com. This Internet-based
service provides 24-hour access to your account information, Merrill
research and investment information, market data, news and e-mail.
111) To activate this service, a User ID and password are required. It is
important to safeguard this information.
112) If you have not created a User ID and password or have forgotten either
of them, you can request this information online at merrilledge.com or by
calling 877.653.4732.
Inter-Company Transfer of Funds
113) If you have both a Bank of America checking or savings account and a
Merrill brokerage account, you may be able to transfer funds between
these accounts using bankofamerica.com or merrilledge.com. In order
to transfer funds, your online profiles must be linked. To link your online
profiles, log on to either bankofamerica.com or merrilledge.com and follow
the instructions to link your accounts. If you have any questions, please call
877.653.4732.
Additional Notes on Electronic Transfers
114) Your account may be subject to the federal law on electronic fund
transfers if you maintain the account as a natural person (as opposed to a
trustee or in another capacity) and have established your account primarily
for personal, household or family purposes. Your rights and responsibilities
will depend on the type of electronic transfer. From time to time, these rights
and responsibilities may change. You will be notified of any changes as
required by applicable law. If the change is necessary for security reasons, you
do not have to be notified in advance.
115) Electronic transfers include:
Visa card cash advances
Visa point of sale transactions
ATM withdrawals
Transfers through a direct deposit service
Transfers through the FTS
Transfers through an ATM
Pre-authorized debits through a program offered by a third party orus
Transfers to and from your account under a bank deposit program
Payments through our Bill Pay service or Merrill standing letters of
authorization.
Your liability
116) You are liable for no more than $50 for unauthorized use of your FTS
password. You are not liable for unauthorized purchases using your Visa
card or for the unauthorized use of your Visa card PIN. You are also
not liable for any amount for the loss, theft or possible unauthorized
transaction once you have notified us or the issuer of the card.
117) Call immediately if a Visa card is lost or stolen, or if you think someone has
transferred or may transfer funds from your account without permission:
800.262.LOST (800.262.5678) Toll-free
609.818.8000 From outside U.S.
(collect calls accepted)
118) Telephoning is the best way of minimizing your losses, but you may also
notify us in writing at:
Merrill
Bankcard Processing
P.O. Box 1519
Pennington, NJ 08534-1519
119) Any funds that are redeemed or withdrawn in connection with a
transaction for which you are not liable will be credited back to you
or your account.
Limits on electronic transfers
120) You are limited to $2,500 a day in ATM withdrawals using your Visa
card. Some ATM transactions that exceed this limit may be completed.
In general, you may make an unlimited number of withdrawals, although
some transactions may be limited or not completed for security reasons.
Some ATM owners and operators may have limits on the frequency of
transactions and the amount of cash withdrawals permitted.
Transaction information
121) You will be sent a monthly statement listing all electronic transfers for the
preceding month. In addition, you will receive a receipt for all electronic
transfers made with a Visa card at ATMs or other electronic terminals in
the U.S.
122) You may also check on the status of transfers at any time by calling the
Investment Center at 877.653.4732. Information about transfers is also
available online at merrilledge.com.
Recurring transfers
123) To stop recurring electronic payments or transfers, call the Investment
Center at 877.653.4732. If you prefer, you may write to us at:
Merrill
Attn: CMA Operations
NJ2-800-01-03
P.O. Box 1501
Pennington, NJ 08534-0671
124) Your notice to cease payments should be timed to arrive at least three
business days before the payment is due to be made. If you have been
asked to put a stop payment request in writing, you must write to us at
the above address within 14 days of your telephone call.
125) Once stopped, recurring payments will not resume until we receive notice
from you. Any request to change the title of an account will be treated as
a request to stop payment of electronic transfers.
126) If you request that we stop a regular payment at least three business days
before the electronic payment is scheduled and we do not do so, we will
be liable for your losses or damages.
127) You may be charged a fee for stop payment requests. See “Other Fees and
Charges,” page 11, for current fee information.
Page 8 | MerrillEdge Self-Directed CMA Agreement Code 470819PM-1121
128) If you have arranged with a third party for recurring transfers from your
account of variable amounts, the third party will notify you 10 days before
each electronic payment of the amount and date of payment. If you prefer,
you may choose to get this notice only when the amount falls outside
certain limits.
129) If you have a Visa card, you will receive advance notice of the varying
amounts of the monthly debit if the amount of the debit exceeds $500,000.
Our liability for failure to make transfers
130) If an electronic transfer is not completed on time or in the correct amount
according to agreements governing the Merrill Edge Self-Directed CMA
Account, we or the Visa card issuer may be liable for the resulting losses
or damages.
131) There are some exceptions. Merrill and the Visa card issuer will not be
liable, for instance, if:
Through no fault on our or its part, the transfer amount will exceed
your purchasing power or spending limit;
Circumstances beyond our or its control (such as fire or flood) prevent
the transfer, despite reasonable precautions that were taken;
The ATM, electronic terminal or electronic system was not working
properly and you knew about the breakdown when the transfer started;
or
The ATM where you obtained cash did not have enough cash.
132) There may be other exceptions stated in the agreement governing the
Merrill Edge Self-Directed CMA Account or provided by applicable law.
Reporting errors or questions
133) If you see an error or have a question about an electronic transfer,
including electronic bill payments, call the Investment Center at
877.653.4732 or write to us at the address below. We must receive notice
of problems or errors within 60 days after the first statement or receipt was
sent on which the problem or error appeared.
134) If you call us, we may ask you to report the error or problem in writing
within 10 business days.
135) Report errors or problems in writing to:
Merrill
Attn: CMA Operations
NJ2-800-01-03
P.O. Box 1501
Pennington, NJ 08534-0671
136) Include the following information:
Your name, address and account number
A description of the error or the electronic transfer you are
unsureabout
The amount of the suspected error
137) If the electronic transfer in question involved obtaining cash at an
ATM or financial institution or was a pre-authorized electronic transfer,
the question or complaint will be resolved promptly but no more than
45 calendar days after the notice is received. If the electronic transfer
in question took place in a foreign country or involved a point-of-sale
transfer made with a Visa card, the question or complaint will be resolved
promptly but no later than 90 calendar days after notice is received.
138) If it is decided that no error occurred, you will be sent a written
explanation within three business days after the investigation is finished.
You may ask for copies of the documents used in the investigation.
Disclosure of account information
139) Subject to applicable law, we, the Visa card issuer or banks holding your
deposit accounts will disclose information to third parties about your
Merrill Edge Self-Directed CMA Account and Visa card only:
Where it is necessary to complete a transaction;
To third parties, including our affiliates, who have a business purpose
for requesting information regarding the account or card;
To credit bureaus and other consumer-reporting agencies;
To comply with a government agency or court orders;
If you have given written permission; or
If you authorize a merchant to automatically initiate recurring
payments.
Remittance Transfers
140) A Remittance Transfer is a wire transfer initiated by a natural person (as
opposed to a trustee or in another capacity) from an account based in the
United States primarily for personal, family or household purposes to a
designated recipient outside of the United States. Your rights with respect
to Remittance Transfers, including error resolution and cancellation rights,
will be explained to you in oral or written disclosures provided to you
contemporaneously with each Remittance Transfer transaction you initiate.
141) Federal law provides certain rights and obligations related to Remittance
Transfers that may differ from rights and obligations that apply to
other types of electronic transfers, including disclosure, cancellation and
error resolution rights. To the extent the provisions of this agreement
are inconsistent with the oral or written disclosures provided to you
for a Remittance Transfer governed by section 919 of the Electronic
Fund Transfer Act (EFTA), 15 U.S.C. Section 1693o-1, the terms of
such disclosures shall govern. Notwithstanding anything to the contrary
contained herein, rights and obligations that apply to Remittance Transfers
are as set forth in EFTA, and as applicable, as set forth in NewYork law.
142) Wire transfers to your account or funded from your account or otherwise
funded by you may involve one or more funds transfer systems, including
without limitation, Fedwire or Clearing House Interbank Payments System
(CHIPS). Accordingly, notwithstanding any choice of law that may be
provided elsewhere in this agreement, such wire transfers will be governed
by the rules of any funds transfer system through which the transfers
are made, as amended from time to time, including without limitation,
Fedwire, the National Automated Clearing House Association, any regional
association (each an “ACH”) and CHIPS. Funds transfers through Fedwire
will be governed by and subject to, Regulation J, Subpart B, and Uniform
Commercial Code Article 4A incorporated by reference hereunder. Wire
transfers through CHIPS are governed by, and subject to, CHIPS Rules
and Administrative Procedures and by the laws of the State of New
York, including Article 4-A of the New York Uniform Commercial Code,
regardless of whether the payment message is part of a wire transfer
that is a Remittance Transfer, except that in the case of an inconsistency
between New York law and EFTA, EFTA shall govern.
About Margin Lending
143) Our Margin Lending Program allows you to borrow against the value of
eligible securities in your Merrill Edge Self-Directed CMA Account. Merrill
maintains the right, in our sole discretion at any time and without prior
notice to you, to determine which securities are eligible to borrow against.
We may refer to the program as the Margin Lending Program. You can use
a margin loan to buy securities or sell securities “short,” or as a source of
credit for purchases using your CMA Visa card or checks.
144) Currently, you can borrow up to 50% of the market value of most
exchange-listed stocks in your Merrill Edge Self-Directed CMA Account.
A greater or lesser percentage of the value of bonds and other types of
investments is available.
145) With margin lending, you pay interest only on the amount you borrow.
Payments are not required as long as your account meets minimum equity
requirements. There are no filing fees, application fees or points.
146) You must keep a minimum of $2,000 in equity in your Merrill Edge
Self-Directed CMA Account to remain eligible for margin lending. In
general, you may enroll only one account. Certain fiduciary accounts, such
as custodial accounts, are not eligible for this program.
Page 9 | MerrillEdge Self-Directed CMA Agreement Code 470819PM-1121
147) Margin requirements are subject to change and may vary depending
upon factors such as security type, market price and concentration.
Certain Internet-related and other volatile securities and holders of
controlled and restricted securities may be subject to higher initial equity
and maintenance requirements. Merrill may change initial equity and
maintenance requirements at any time without notice.
148) Borrowing against tax-exempt bonds, tax-exempt municipal funds and
tax-exempt unit investment trusts may involve the loss of the interest
deduction from taxable income. You should check with your tax advisor
before borrowing against tax-exempt investments or having them priced
in your account.
Margin interest rates
149) Interest will be charged for any loan extended to you, whether for the
purpose of buying, trading or carrying securities or for other purposes.
150) Your interest rate will be the current Merrill base lending rate (BLR) plus
a supplementary percentage based on your average daily loan balance.
The BLR is adjusted from time to time with reference to commercial
interest rates and market conditions. To obtain the current BLR, call the
Investment Center at 877.653.4732 or visit merrilledge.com/pricing.
On average daily
balances of: Rate
3
Less than $25,000 ML BLR + 3.375%
$25,000–$99,999 ML BLR + 2.250%
$100,000–$499,999 ML BLR + 0.875%
$500,000–$999,999 ML BLR + 0.625%
$1,000,000–$4,999,999 ML BLR – 0.000%
$5,000,000–$9,999,999 ML BLR – 0.500%
More than $10,000,000 ML BLR – 0.750%
3
Rates effective as of June 18, 2018.
151) The rates shown may vary in individual situations at Merrill’s discretion.
152) Your total interest rate is subject to change without notice in accordance with
changes in the BLR and your average daily loan balance. If there is a change
in the BLR during a charge period, you will be charged the new interest rate
for the remainder of the charge period or until another change in the BLR
occurs. If your rate is changed for any other reason, you will receive a written
notice at least 30 days before the change.
153) Your account statement will show the interest rate applied, the average
daily loan balance, the number of days the loan was outstanding, and the
actual interest charged to your account for the charge period. If there was
a change in the BLR during the charge period, your account statement will
itemize that information for each rate applied during the charge period.
Margin Interest Rates Effective February 22, 2022
154) Interest will be charged for any loan extended to you, whether for the
purpose of buying, trading or carrying securities or for other purposes.
Your interest rate will be the current MerrillLynch Base Lending Rate
(BLR) plus a supplementary percentage or “spread” based on (1) your
average daily loan or debit balance; and (2) the value of the assets and
liabilities in your “Relationship Group” at the time that your account is
approved for the Margin Lending Program or when your Relationship
Group is reset, which can be done at your request. Your “Relationship
Group” is defined as: (i) your accounts at Merrill, and (ii) in Merrill’s
discretion, your accounts and eligible accounts of others in your
household at Merrill and Merrill’s affiliates, such as BankofAmerica,
N.A. be The BLR is adjusted weekly from time to time with reference
to commercial interest rates and market conditions. Please note that
your spread will not automatically be updated to reflect changes in the
value of the assets and liabilities in your Relationship Group over time.
To obtain the current BLR, understand what accounts are currently in
your Relationship Group, or request that other accounts be added to
or removed from your Relationship Group, or to have the value of your
Relationship Group reset, call the Investment Center at 877.653.4732 or
visit merrilledge.com/pricing.
Eligible securities, borrowing limits and maintenance requirements
1
Security Initial Equity Borrowing Power Maintenance Requirement
At least Up to At least
Common stock 50% of purchase cost 50% of long-market value 30% of long-market value
State and municipal bonds 20% of purchase cost or 7% of
principal, whichever is greater
80% of long-market value or
any amount over 7% of principal,
whichever is less
15% of long-market value
or 7% of principal, whichever
is greater
Most Merrill-sponsored
unit investment trusts
100% of purchase cost 50% of long-market value once
fund has been owned for 31 days
30% of long-market value, regardless
of share price
Other approved unit investment 100% of purchase cost 50% of long-market value once
fund has been owned for 31 days
30% of long-market value, trusts
regardless of share price
Approved open-end mutual funds 100% of purchase cost 50% of long-market value once
fund has been owned for 31 days
30% of long-market value, regardless
of share price
Convertible bonds 50% of purchase cost 50% of long-market value or any
amount over 7% of principal,
whichever is less
30% of long-market value
or 7% of principal, whichever
is greater
Non-convertible bonds 30% of purchase cost or 7% of
principal, whichever is greater
70% of long-market value or any
amount over 7% of principal,
whichever is less
30% of long-market value
or 7% of principal, whichever
is greater
U.S. Treasury notes and bills 5% of purchase cost
2
95% of long-market value 5% of long-market value
2
U.S. Treasury bonds 8% of purchase cost
2
92% of long-market value 6% of long-market value
2
Other government agency issues 10%15% of purchase cost
2
90% of long-market value 6%–10% of long-market value
2
1
This chart is only intended as a general guide. Please call the Investment Center at 877.653.4732 for more complete information on margin eligibility, initial equity and maintenance requirements.
2
Minimum requirement is 3% of principal amount.
Page 10 | MerrillEdge Self-Directed CMA Agreement Code 470819PM-1121
The following table shows the supplementary percentage or spread that
will be added to the BLR based on different average daily loan or debit
balances and Relationship Group values. The spreads depicted in this
table are as of February 22, 2022, and are subject to change in Merrill’s
discretion.
Debit Balance
Tiers <$100MM $100M – $999M $1MM – $4.00MM ≥$5MM
Relationship Group Value
<$100M 8.500 7.750 6.750 5.500
$100M – $249M 8.250 7.500 6.500 5.250
$250M – $499M 8.000 7. 250 6.250 5.000
$500M – $749M 7.750 7.000 6.000 4.750
$750M – $999M 7.5 00 6.750 5.750 4.500
$1.0MM – $2.49MM 7.250 6.500 5.500 4.250
$2.5MM – $4.99MM 7.000 6.250 5.250 4.000
$5.0MM – $7.49MM 6.875 6.125 5.125 3.875
$7.5MM – $9.99MM 6.875 6.125 5.125 3.875
$10MM – $14.99MM 6.750 6.000 5.000 3.750
$15MM – $24.99MM 6.750 6.000 5.000 3.750
$25MM – $99.99MM 6.500 5.750 4.750 3.500
$50MM – $99.99MM 6.500 5.750 4.750 3.500
$100MM 6.250 5.500 4.500 3.250
155) Your account statement will show the interest rate applied, the average
daily loan balance, the number of days the loan was outstanding, and
the actual interest charged to your CMA Account for the charge period.
If there was a change in the BLR during the charge period, your account
statement will itemize that information for each rate applied during the
charge period.
156) Your total interest rate is subject to change without notice in accordance
with changes in the BLR, your average daily loan balance, or the value of
the accounts in your Relationship Group if or when that information is
reset. If there is a change in the BLR during a charge period, you will be
charged the new interest rate for the remainder of the charge period or
until another change in the BLR occurs. If your rate is changed for any
reason other than those described in this paragraph or in the case of
concessions granted at the discretion of Merrill, you will receive a written
notice at least 30 days before the change.
Charge period
157) The period for which interest charges are made runs from the last Friday
of each month up to and including the last Thursday of the following
month. There are three variations to this: (1) if the last Friday of the month
is a holiday, then the interest charge period will end one business day
earlier; (2) in December, the interest charge period will end on the next-to-
last business day of the year (and the interest charge period for January
of the following year will begin on the last business day of the year); and
(3) for accounts that receive calendar month-end statements, the interest
charge period runs from the last business day of the calendar month up to
and including the next-to-last business day of the calendar month.
158) The interest charge period parallels the monthly statement period, except
that interest for the final day of the statement period will be carried
over and reflected on the next month’s statement. The final day of the
statement period is the last Friday of the month, except (1) if that Friday
is a holiday, the final day of the statement period is the prior business day;
(2) in December, when the final day of the statement period is the last
business day of the year; and (3) for accounts that receive calendar month-
end statements, the final day of the statement period is the last business
day of the calendar month.
159) The average daily debit-balance entry which will appear on your statement
is calculated based upon the number of days on which there was a debit
balance in your account and not on the total number of days in either the
charge period or the statement period.
Calculation of charges
160) The interest charge is determined at the close of the charge period by
multiplying the average daily loan balance by the applicable interest rate
and the number of days a loan was outstanding, then dividing by 360.
161) If the base lending rate was changed during the charge period, interest
charges are calculated separately for the appropriate number of days at
each rate and itemized on your statement.
162) Interest charges are due and payable at the close of the charge period.
The exact amount due may be obtained by contacting the Investment
Center at 877.653.4732. If you do not pay the interest charge at the
close of the charge period, the interest will be added to the opening loan
balance for the next charge period.
Short sales
163) The market values of securities you sell “short” are adjusted daily for interest
calculation purposes by a process called “marking to market.” “Short sales
against the box” are treated in exactly the same way as short sales.
164) The market value of all securities sold short in your account, including
securities sold “short against the box,” are treated as a debit for the
purpose of calculating interest charges. The closing market value of the
securities which were sold short is determined each business day and is
either added to the net debit balance or subtracted from the net credit
balance in order to calculate interest charges.
165) If the total market value of the securities sold short increases, then the
debit adjustment to the net balance will increase by the same amount
for the calculation of interest charges. Conversely, if the total market
value of the securities sold short decreases, then the debit adjustment to
the net balance will also decrease by a like amount for the calculation of
interest charges. The market value of “long” securities held in your account
against which a short sale is made is not included in the computation of
interestcharges.
166) Please note that upward or downward adjustments of balances are for
interest calculation purposes only.
A note on selling securities not in your account
167) If you sell securities through us that you own but have not yet placed into
your account, they must be delivered to Merrill by the settlement date
of the transaction. Proceeds of such sales will not be used as an offset
in calculating interest charges until the securities are received into your
account in good deliverable form. Similarly, credits resulting from the
exercise of employee stock options and sale of the underlying stock will
not be used as an offset until the securities are actually received into your
account in good deliverable form.
The exercise of an employee stock option may include either (1) a loan to you
by Merrill for the amount of the exercise price, together with any additional tax
withholding, up to the maximum amount that may be obtained under federal
law, currently 50% of the value of most equity securities; or (2) an advance of
funds for the amount of the exercise price, together with any additional tax
withholding up to the net sales proceeds to be received if you are exercising
an option and concurrently selling the securities. In computing interest charges,
any credit resulting from the proceeds of such a sale will not be used as an
offset until the securities to be obtained on the exercise of your employee
stock option are actually received into your account in good deliverable form.
Option trading
168) Options can be traded through your Merrill Edge Self-Directed CMA
Account and may be used to hedge a leveraged position. However, options
themselves cannot be bought or sold on credit or borrowed against for
purchases of any kind.
169) Please note that option trading must be approved in advance by Merrill and
additional documents are necessary. Option transactions involve certain risks
and are not appropriate for every investor. Contact the Investment Center at
877.653.4732 for specific information.
170) Writers of options, other than certain covered call writers and certain
writers of cash-secured puts, must comply with the applicable initial equity
and maintenance requirements that are set by Merrill, subject to minimum
requirements imposed by the Federal Reserve Board, by securities and
options exchanges, and by other self-regulatory organizations. These
requirements vary depending on the underlying interest and the number
of option contracts sold, and may be increased at any time by any of the
above-mentioned organizations.
171) In addition, we may impose certain position limits, and additional initial
equity and maintenance requirements may be imposed from time to time
without notice. If these limits and requirements are not met, Merrill may close
sufficient option contracts to bring the account into compliance with them.
Page 11 | MerrillEdge Self-Directed CMA Agreement Code 470819PM-1121
Liens and additional collateral
172) Any securities or other property in any of your accounts with us are
collateral for any debit balances in any of your accounts. A lien is created
by these debits to secure the amount owed to us. We retain the right
to require additional collateral any time we deem it necessary for our
protection. These maintenance calls can be met by the prompt delivery
of either additional acceptable securities or cash.
173) In accordance with the terms of our Client Agreement, should the equity
in your account(s) fall below our minimum maintenance requirements
for margin, securities in your account(s) may be sold to reduce or satisfy
your debit balance. At present our minimum maintenance requirement for
equity stocks eligible for margin is 30% of their current market value or $3
a share, whichever is greater. As to our minimum requirements for other
types of securities or transactions, contact the MerrillEdge Self-Directed
Investment Center. Minimum maintenance requirement as well as initial
requirements are subject to change without notice.
You agree that to the extent permitted by New York law, Merrill shall
collect from you reasonable costs and expenses of collection of any such
debit balance(s) and any unpaid deficiency in your account, including but
not limited to attorneys’ fees that Merrill incurs or pays in connection with
such efforts.
Stock borrow charges
174) Effective August 7, 2017, if you short a stock that is in limited supply
(i.e., “in demand”), you may be charged an SB Charge for borrowing that
security. Whether there is an SB Charge for a particular security, and the
relevant rate for the SB Charge, depend on various factors, including, but
not limited to, the availability of that stock based on supply and demand in
the lending market at that time, the size of the transaction, rates charged
by counterparty lenders, days to cover/short-interest ratio of the stock,
the percentage of the issuer’s float that is held short and the number of
days that the position is held short (i.e., borrowed). Securities that are “in
demand”, and any corresponding SB Charges, are determined by market
participants, and may fluctuate on a daily basis. It is important to note
that the SB Charges may be substantial. In some instances, where
the demand for the security borrowed is extremely high, the SB
Charge, on an annualized basis, may exceed the principal value of
the security. It is also important to note that, even if a security is
not “in demand” at the time of your short sale, it may become “in
demand” at any time based on market factors, and at that point, it
would be subject to an SB Charge. The SB Charge rate can fluctuate
daily without priornotice.
SB charges assessed
175) If you short “in demand” securities, Merrill may charge you all SB Charges
assessed in connection with your short sales with us on a daily basis
starting on the settlement date of the trade. The charges may reflect work
done by Merrill on your behalf in connection with these transactions to
establish and maintain a short position in your account, which may result
in a profit to Merrill. Short stock positions opened and closed intraday (not
held overnight) will not be subject to an SB Charge.
Please note that you may obtain updated information with respect to
the status of your short positions (including any applicable SB Charges)
by contacting the Investment Center at 877.653.4732, a Merrill Financial
Solutions Advisor or an Investment Center representative at any time.
In addition, all applicable SB Charges assessed will be displayed under
a “SB CHARGE” debit entry on your monthly account statement, including
those positions that incurred charges after the initial settlement date as
described in the prior paragraph. This will show, on an aggregated basis,
the charges for all shorted securities that incurred an SB Charge during
the applicable period (described below), as well as a detailed breakdown
of each SB Charge, including the applicable borrowing rate for each
“in demand” position for the applicable period. A daily breakdown can
also be provided upon request by contacting your financial advisor, a
Merrill Financial Solutions Advisor or an Investment Centerrepresentative.
Any SB Charge entry on your account statement represents the debit of
such charges, which are made one Business Day after each applicable
SB Charge is incurred. Applicable SB Charges in your account will then
be posted online one Business Day after the charge is debited. Thus, if
you incur SB Charges on weekend days, such charges will be debited on
the next Business Day (i.e., Monday, unless Monday is a holiday), and the
charges will be visible in your account online on Tuesday (or Wednesday,
if Monday is a holiday).
Your account statement will include all SB Charges debited in your account
in a calendar month, except that any SB Charge debits that occur on the
last Business Day of a month will be reflected on the following month’s
account statement.
Calculation of SB charge
176) SB Charges are calculated on an annualized basis based on the value of a
short position and the SB rate for that position. SB Charges for a particular
position are charged daily on a pro-rated basis depending on how many
calendar days you hold the position short.
In the next column is an example of the calculation of an SB Charge. Please
note that the example in the next column is for illustrative purposes only and
does not reflect the actual SB Charges that you may incur on any given short
position, which may be significantly higher than the charges reflected in the
example in the next column. Please also note that in addition to SB Charges you
may also be charged commissions and incur other expenses in connection with
a short sale of securities that are not captured in the following example. Please
note, the SB Charge amount for a given day is determined by multiplying the
trade value of the stock borrowed by the applicable SB Charge rate, divided by
360. Therefore, the effective SB Charge rate for a given day can be obtained by
multiplying the SB Charge amount by the number of days in a given year (e.g.,
365 days) and dividing by the trade value of the stock borrowed.
current price of stock = $11.00
number of shares sold short = 10,000
SB Charge rate = 20%
(market price of stock) x (share quantity) = trade value
of stock borrowed
$11.00 x 10,000 = $110,000
(trade value of stock borrowed) x (SB Charge rate) = annual
SB Charge amount
$110,000 x 0.20 = $22,000
(annual SB Charge) / (360 days) = daily SB Charge amount
$22,000 / 360 = $61.11
((daily SB Charge amount) x (365 days)) / (trade value
of stock borrowed) = effective SB Charge rate
($61.11 x 365) / $110,000 = 20.28%
Page 12 | MerrillEdge Self-Directed CMA Agreement Code 470819PM-1121
About Fees
177) Unless otherwise indicated, all fees are nonrefundable and are
subjectto change upon notice. Please visit merrilledge.com/pricing
forallMerrillEdge Self Direct Fee information.
Other Fees and Charges
178) You will be charged brokerage fees for securities transactions made
through your account. Visit merrilledge.com for more information.
179) The following miscellaneous fees may apply to Merrill Edge Self-Directed
CMA Accounts. Please visit merrilledge.com/pricing for more details.
Account maintenance fees MerrillEdge Self-Directed CMA account
Transfer and termination fees
Full Account Transfer Fee $49.95
Cash management services
ATM Transaction Fee
4
$0
Cash Advance Fee (non-ATM) .25% of principal; $2.50 minimum fee
Check Retrieval/Check Copies/Canceled Check Fee $3
CMA Visa International Transaction Fee 2% of the U.S. dollar amount of all transactions occurring outside the U.S. that are
submitted to Visa® in a currency other than U.S. dollars
Fund Transfer Services Returns $10
Non-Sufficient Funds Fee: includes returned debit items,
checks and ACH
$30
Return Deposit Fee: includes returned credit items, checks and ACH $20
Stop Payment Fee $25
USD FED Wire Transfer $24.95
Domestic or international
4
Non-BankofAmerica ATMs may charge a fee for using their ATMs.
Investment specific
MerrillEdge Fees
Bond Coupon Deposit Fee $5
Security Reorganization: Mandatory Exchange $0
Security Reorganization: Voluntary Exchange $30
Past Due Exchanges for Physical Securities $50
Third-Party Fees
Delivery of Non-Government Securities — Direct Registration
System (DRS
5
) Eligible
$25
Delivery of Non-Government Securities — Direct Registration
System (DRS
5
) Non-Eligible or Non-Participating
$500
Legal Transfer Fee — Depository Trust Company $75
Government Security Transfer Fee $125
5
DRS eligibility is determined by the issuer of the stock.
180) Charges may also be imposed for transfers through the FTS that are
rejected due to insufficient or uncollected funds, and for providing
originals or copies of checks that have been processed.
181) We receive a distribution fee and an affiliate receives a management fee
from the money market mutual funds. In addition, other affiliates of ours
may receive fees for providing services, such as management and transfer
agency services, to the money market mutual funds. We also receive a
recordkeeping and services fee from BankofAmerica, N.A., with respect
to deposits in the Merrill Lynch Direct Deposit Program. In connection
with Visa cards, our affiliates may receive fees from sources other than
Merrillclients.
182) Merrill and the Merrill Affiliated Banks reserve the right to change any fees
or charges, or to implement additional fees or charges at any time, subject
to the applicable law.
Page 13 | MerrillEdge Self-Directed CMA Agreement Code 470819PM-1121
Account Agreement
183) By maintaining your Merrill Edge Self-Directed CMA Account, you
acknowledge that you have received and read this agreement, the
Merrill Edge Self-Directed CMA Account disclosures, any applicable
money market mutual fund prospectuses and the Merrill Lynch Direct
Deposit Program disclosures, and that you are agreeing to the terms
and conditions in these documents.
184) You certify that all information you provide in connection with the
establishment of your accounts, including in reference to checks and Visa
cards, is true and correct and that Merrill or Merrill Affiliated Banks may
rely on and verify such information.
Securities and other property
185) In this agreement, the term “securities and other property” means money,
securities, securities entitlements, financial assets, investment property,
financial instruments and commodities of every kind and nature and
related contracts and options relating thereto, whether for present or
future delivery. This includes securities and other property currently or in
the future held, carried or maintained by us or by any of our affiliates, in
our possession or control (or the possession or control of our affiliates)
for any purpose, for any of your accounts now or in the future opened,
including any accounts in which you may have aninterest.
MerrillEdge Self-Directed CMA Account
186) The Merrill Edge Self-Directed CMA Account consists of:
A Merrill Edge Self-Directed CMA Account;
A money account for each such account (see “MerrillLynch Direct
Deposit Program,”);
Visa cards and a checkwriting facility; and
An optional Margin Lending Program.
187) You agree that available cash balances in your account will automatically
be deposited at least once a week into Merrill Lynch Direct Deposit Program.
188) You agree that Merrill may reasonably withhold access to money account
balances until we are satisfied that amounts credited to your accounts
have been collected. We may satisfy amounts you owe in connection with
your accounts (including debit balances in your accounts, Visa card debits
or charges, checks presented, or investments or deposits later reversed)
from your assets, including money account balances, or through margin
lending (if applicable).
189) You accept that certain fees, which are subject to change, will be charged
to your accounts for financial services we provide (see “About Fees” on
page 11).
Extraordinary events
190) You agree that Merrill, its affiliates, and Merrill Affiliated Banks will not
be liable for loss caused directly or indirectly by government restrictions,
exchange or market rulings, suspension of trading, war, strikes or other
conditions beyond theircontrol.
Account documents
191) You agree that Merrill and Merrill Affiliated Banks have the right, subject to
applicable law, to amend any agreements and disclosures relating to your
accounts, including this account agreement, by notifying you in writing.
You agree that any such amendments shall be effective as of any date we
and the Merrill Affiliated Banks establish, subject to applicable law. Unless
the context otherwise requires, the term “agreement” shall include the
agreements and disclosures relating to your account, as amended from
time to time.
192) You accept there may be additional documentation required from you by
applicable law or by the policies and procedures of Merrill or the Merrill
Affiliated Banks. You agree to comply promptly with any such requests for
additional documentation.
Credit information
193) You authorize Merrill and its affiliates (including the Merrill Affiliated
Banks) to request a consumer report about you from one or more
consumer reporting agencies for the purposes of:
Evaluating your application for the CMA financial service or related
program or service;
Reviewing or collecting any customer information for accounts opened
by you; or
Any other legitimate business purpose.
194) At your request, we will supply you with the name and address of each
consumer-reporting agency from which we obtained a consumer report,
if any, in connection with your accounts or application.
195) You understand that Merrill shares information with its affiliates, the
Merrill Affiliated Banks in accordance with our privacy policies. For more
information on how and why we can share information, please read our
“U.S. Consumer Privacy Notice” by visiting ml.com/privacy.
Account notices and communications
196) You agree that communications, including monthly statements and other
notices, may be sent to your address or to such other address as you
provide in writing.
197) All communications so sent, whether by mail, messenger or otherwise, will
be considered to have been given to you personally upon such sending,
whether or not you actually receive them.
198) Reports of the execution of orders (confirmations) and statements
of account shall be conclusive if not objected to by written notice
delivered to us within 10 business days after delivery of or
communication of the reports or statements to you by us.
Joint accounts and joint and several liability
199) If there is more than one account holder, their obligations are “joint and
several.” The legal ownership of the account shall be in such form as you
designate and as confirmed by Merrill, as reflected in the account title. If
no designation is made, Merrill is authorized to deal with account holders
as tenants in common (without rights of survivorship).
200) If you are a U.S. citizen, legal ownership of the account will be governed
by the internal laws of your state of permanent residence. If you are a
nonresident alien, you agree that the form of joint ownership designated
for the account shall be governed by the internal laws of the State of New
York (notwithstanding the laws of any other jurisdiction to the contrary).
You also agree to submit to the jurisdiction of the courts of New York and
the federal courts in the Southern District of New York for purposes of
determining all matters with regard to the account and consent to service
of process by certified mail to the account’s address of record.
201) All account holders agree that each account holder has authority to
transact any business on behalf of the account as fully and completely
as if he or she were sole owner of the account.
202) Merrill is authorized, subject to our policies and procedures, to accept
written or oral orders and instructions with respect to the account from
each account holder, without notice to any other account holder, for
the receipt or transfer and withdrawal of funds by check, wire transfer
or otherwise, and for the purchase, sale, exchange, transfer or other
disposition of securities and other property (with or without consideration),
including, but not limited to, checks drawn to, or transfers made directly to,
the account holder requesting the check or transfer and/or to third parties.
203) Merrill reserves the right to require joint instructions by all account
holders or a court order at any time with regard to the transfer of funds
or securities.
204) If the account holders have enrolled in the Margin Lending Program, all
account holders further agree that all securities and other property that
Merrill may be holding for any of them, either in this account or otherwise,
shall be subject to a lien for the discharge of obligations of this account
to Merrill. Such lien is in addition to any rights and remedies Merrill may
otherwise have.
205) All statements, notices or other communications sent or given to one
account holder by Merrill shall be considered notice to all account holders.
Page 14 | MerrillEdge Self-Directed CMA Agreement Code 470819PM-1121
Ownership changes on joint accounts
206) On the death of an account holder, the divorce of married account holders,
the assignment of an account holder’s interest or other event that causes
a change in ownership, all account holders or the surviving account
holder(s), as applicable, shall immediately give Merrill written notice
thereof. In such event, Merrill may take such action, including requiring
such documents or imposing such restrictions on the account, as we deem
necessary in the circumstances.
207) The estate of a deceased account holder and a departing account holder
by assignment or divorce shall remain liable, jointly and severally, with the
remaining or surviving account holder(s) for any obligations of the account
arising before Merrill receives such notice, or incurred in liquidation of the
account or the adjustment of the interests of the account holders.
208) In the event of any such change of ownership of the account, Merrill is
authorized to divide or retitle the account in accordance with the form
of legal ownership of the account as reflected on our records or by
written instructions of the remaining or surviving account holder(s), or by
obtaining a court order, as we may reasonably determine is appropriate in
the circumstances.
209) Unless agreed otherwise among account holders in writing provided
to Merrill, joint accounts designated “with right of survivorship” (e.g.,
JTWROS) shall vest the interest of a deceased account holder in the
surviving account holder(s). Accounts designated “without right of
survivorship” (e.g., TIC) shall entitle the estate of a deceased account
holder and the surviving account holder(s) to equal shares of the account.
210) All account holders agree to indemnify Merrill against any liability, loss or
expense incurred from acting in accordance with this agreement in the
event of a change of ownership of the account.
Visa cards and checks
211) You agree that Visa cards issued to you remain the property of the issuing
bank and may be cancelled by the issuing bank at any time without
priornotice.
212) You agree that you will be liable for all authorized transactions arising
through the use of Visa cards and checks. You will be responsible, on a
continuing basis, for the safekeeping of your cards and checks and shall
not permit an unauthorized person to have access to them.
213) In addition, you will be responsible for reviewing your monthly statement
in order to discover and report to Merrill any possible unauthorized
use of your Visa cards and checks. You agree to notify us immediately
if you believe or have reason to believe there may be or has been an
unauthorized use of your Visa cards or checks.
214) Unless limited by law, you agree you are liable for any losses and damages
arising from any breach of these undertakings to safeguard your Visa
cards or checks, to review your statements and to promptly report any
unauthorized activity.
215) You also agree to pay the reasonable costs and expenses of collecting any
unpaid balance due, including any accrued finance charges, as a result of
any overdraft(s), including attorneys’ fees, to the extent allowed by law,
involved in such collection.
216) You understand that, under this agreement, the Merrill Affiliated Banks
have not taken a security interest in any of the assets in your account or
money accounts.
217) You agree to pay Bank of America, N.A. (BANA), for all purchases made
using your Visa cards. You authorize Merrill to pay BANA from the cash
balances in your account, through a margin loan (if you have enrolled in
the margin lending service) or by withdrawing or redeeming your money
account balances. Payments will be made in the order described on
page5. Payments will be made on the Wednesday before the last Friday
of each month for all purchases made in that monthly period.
218) If at any time, however, your total purchases exceed $100,000 during any
monthly cycle, the entire amount will immediately be debited from your
account, unless BANA has received a signed statement of purpose form
(Federal Reserve Form FR U-1) from you. Further charges (provided they
are less than $100,000) will be debited at the normal time. You agree to
waive your right under federal law to be notified in advance of variable
debits provided the amount does not exceed $500,000.
219) You may make payments by other means, provided they are compatible
with our operations and procedures, and you agree to notify Merrill of your
intention to do so.
220) You agree that you will not dispose of assets in your Merrill Edge Self-
Directed CMA Account or any other account with Merrill or its affiliates
if such disposal will negatively affect your ability to pay BANA for card
transactions. You may continue, however, to trade securities in your
Merrill Edge Self-Directed CMA Accoun
t.
221) Cards for your CMA Account may only be issued to you if you reside in the
U.S. and you use an official U.S. address for your place of residence.
Purchasing power
222) You agree that you will not incur charges with your checks and cards that
exceed your purchasing power, which is defined as the total cash or free
credit balance in your account, your available money account balances
and, if applicable, available credit under the Margin Lending Program. You
understand that your purchasing power may fluctuate from time to time
and day to day.
223) If a charge exceeds your purchasing power, you will be in default, and
Merrill may, among other things, terminate your subscription to the
Merrill Edge Self-Directed CMA Account.
Overdrafts
224) If you exceed your purchasing power, Bank of America, N.A. (BANA), may
accept the transaction as an overdraft and advance you funds for the
amount exceeding your purchasing power. If this happens, you will be
notified and you agree that you will immediately pay the amount of the
overdraft and any applicable finance charge.
225) Finance charges will be imposed for overdrafts at an 18% annual
percentage rate. The daily periodic rate is 0.049315%.
226) We figure the finance charge by applying the periodic rate to the
“average daily balance” of your overdrafts. To get the “average daily
balance,” we take the beginning balance of your overdrafts each day, add
any new overdrafts, and subtract any payments or credits, and unpaid
finance charges. This gives us the daily balance. Then we add up all the
daily balances for the billing cycle and divide the total by the number of
days in the billing cycle. This gives us the “average daily balance.”
227) Finance charges accrue from the date BANA accepts an overdraft until the
date on which payment is made. Any payments you make will be applied
on the date of receipt, first to any accrued and unpaid finance charges
and then to the balance of overdrafts in the order they were incurred.
228) You will be notified in writing if you have been provided with an overdraft.
229) You may remit payment for your overdraft in one of the following manners:
1) Transfer funds from another Merrill account at merrilledge.com
(if applicable).
2) Send a check or money order, payable to Merrill, to:
CMA Deposit Operations
P.O. Box 43247
Jacksonville, FL 32231-3247
Include your account number on your check or money order to ensure
proper credit to your account. You may not use a Merrill check drawn on
the same account that has the debit balance.
3) Make a deposit at any Merrill branch office or Bank of America
deposit-taking ATM.
4) Wire funds from an external account at another institution to your
Merrill account.
5) Liquidate securities held in the account.
6) Consider upgrading to a margin account and transfer the debit for an
interest rate lower than the overdraft. Current margin rates can be
viewed on merrilledge.com or by contacting a Merrill Representative at
877.653.4732.
230) Please note that in the event there has been any non-related debit activity
in your account since the overdraft occurred, any deposits made to your
account will be used to satisfy that activity before being credited to the
overdraft.
Page 15 | MerrillEdge Self-Directed CMA Agreement Code 470819PM-1121
Pledging and lending assets
231) If you enroll in the Margin Lending Program, you agree that we have the
right, subject to limitations under applicable laws, rules and regulations, to
pledge or repledge securities and other property in your accounts, either
separately or in common with other such securities or property, and for
any amount due in your account, or a greater amount. We may do so
without notice to you and without retaining in our possession or under our
control for delivery a like amount of similar securities or otherproperty.
232) In return for extending credit to you under the Margin Lending Program, you
acknowledge and agree that we may lend, either to Merrill or to others, the
securities in your account (along with all attendant rights of ownership), to
the extent not prohibited by applicable laws, rules and regulations. You
understand that we may receive and retain certain benefits to which you
will not be entitled in connection with such loans. You agree that, in certain
circumstances, such loans could limit your ability to exercise voting rights,
in whole or in part, with respect to the securities lent. In addition, you
acknowledge that, in using certain securities in your account for, among
other things, settling short sales and lending the securities for short sales,
we may receive compensation in connection therewith.
Exercising employee stock options
233) In order to sell shares under your company’s stock option plan, you hereby
constitute and appoint Merrill as your agent and attorney-in-fact for the
purpose of:
Determining and selling the number of shares of stock required to pay
the amounts due upon exercise of the options;
Making such payments; and
Taking such further actions as shall be necessary to implement your
employee stock option exercises.
234) You authorize and instruct your employer to deliver the stock issued
pursuant to your stock option exercises to you. You agree that this
authorization is irrevocable and will continue in full force and effect
and will apply to each stock option exercise.
235) All company stock held or carried in your Merrill Edge Self-Directed CMA
Account shall be subject to a lien for the discharge of any debt resulting
from funds advanced to you for payment of the stock option exercise,
applicable taxes, interest, and fees or commission.
Margin Lending Program
236) If enrolled in the Margin Lending Program, you agree to maintain such
securities and other property in your account as required by Merrill.
237) In this agreement, the term “securities and other property” means money,
securities, securities entitlements, financial assets, investment property,
financial instruments and commodities of every kind and nature and
related contracts and options relating thereto, whether for present or
future delivery. This includes securities and other property currently or in
the future held, carried or maintained by us or by any of our affiliates, in
our possession or control (or the possession or control of our affiliates)
for any purpose, for any of your accounts now or in the future opened,
including any accounts in which you may have aninterest.
238) You understand and agree that any credit extended to you in connection
with your Merrill Edge Self-Directed CMA Account is primarily for
investment or business purposes.
239) You agree that your monthly margin loan balance shall be charged interest
at a rate permitted by the laws of the State of New York. If interest
charges are not paid at the close of a charge period, they will be added
to the opening balance for the next charge period. Interest will then be
charged upon the entire opening balance of that next chargeperiod.
240) Merrill has the right to make a margin or maintenance call and
require additional collateral:
1) In accordance with our general policies on maintenance
requirements for margin lending, which may be modified,
amended or supplemented from time to time;
2) If in our discretion we consider it necessary for our protection at
an earlier or later time than called for in the general policies;
3) In the event that a petition in bankruptcy or for appointment of
a receiver is filed by or against you;
4) If an attachment is levied against your accounts; or
5) In the event of your death.
241) If you do not provide additional collateral as we may require for 1
and 2 above, or should an event described in 3, 4 or 5 above occur
(whether or not Merrill elects to require additional collateral), you
agree that Merrill may:
Sell any or all securities and other property in your accounts
with us or any of our affiliates, whether carried individually or
jointly with others;
Buy any or all securities and other property which may be short
in such accounts; and
Cancel any open orders and close any or all outstanding contracts.
242) We may exercise any or all of these rights without further demand
for additional collateral, or notice of sale or purchase, or other
notice or advertisement.
243) Any such sales or purchases may be made at our discretion on any
exchange or other market where such business is usually transacted,
or at public auction or private sale; and we may be the purchaser
for our own account. You agree that our giving of any prior demand
or call or prior notice of the time and place of such sale or purchase
shall not be considered a waiver of our right to sell or buy without
any such demand, call or notice as provided in this agreement.
Security interest in favor of Merrill
244) Whether you enroll in the Margin Lending Program or not, the following
additional provisions will apply to your account.
245) You agree that at all times you are liable for the payment of, and agree
to pay on demand, any debit balance or other obligations owing in any of
your accounts at Merrill. You are liable for any deficiency remaining in such
accounts in the event of the liquidation thereof, in whole or in part, by us
or by you.
246) You agree that to the extent permitted by New York law, Merrill shall
collect from you reasonable costs and expenses of collection of any such
debit balance(s) and any unpaid deficiency in your account, including but
not limited to attorneys’ fees, that Merrill incurs or pays in connection with
such efforts.
247) You agree that all securities and other property in any account—margin
or cash—in which you have an interest, or which at any time are in your
possession or under your control, other than retirement accounts, such as
IRAs, shall be subject to a lien for the discharge of all your indebtedness
and any other obligations that you may owe to Merrill and are held by us
or our affiliates as security for payment of any indebtedness or obligations
to Merrill in any of your accounts with us, including accounts in which you
have an interest. Securities and other property held in retirement accounts,
such as IRAs, are not subject to this lien and are not used as security for
the payment of your obligations or indebtedness for other accounts, cash
or margin you maintain with Merrill.
248) Merrill, subject to applicable laws, without giving you prior notice, shall
have the right to use and/or transfer securities and other property so
held by Merrill from or to any of the accounts of yours whenever, in its
judgment, Merrill considers such a transaction necessary for its protection.
249) In enforcing our lien, we shall have the discretion to determine which
securities and property are to be sold and which contracts are to be closed.
250) All securities and other property will be treated as financial assets under
Article 8 of the New York Commercial Codes.
Liability for costs of collection
251) To the extent permitted by the laws of the State of New York, you agree
to pay Merrill the reasonable costs and expenses of collection, including
attorneys’ fees, for any debit balance and any unpaid deficiency that youowe.
Termination
252) Merrill, BANA or you may terminate or suspend the Merrill Edge
Self-Directed CMA Account and close your account(s) at any time and
for any reason. You agree that you will remain responsible for authorized
charges and any debit balances that arise before or after termination.
253) Merrill requires that you provide transfer instructions to transfer your
account to another financial institution or liquidation instructions within
30days of receiving written notification from Merrill and BANA informing
you that we are terminating your account. If such instructions are not
submitted by you within 30 days, cash, money market mutual funds and
Page 16 | MerrillEdge Self-Directed CMA Agreement Code 470819PM-1121
bank deposits will be liquidated or withdrawn, and the proceeds will be
sent to you in the form of a check; equity securities eligible for Direct
Registration will be issued to you in statement form; equity and fixed
income securities eligible for certificate delivery will be issued to you in
that form; and equity and fixed income securities ineligible for certificate
delivery will be liquidated. Any non-transferable securities, including but
not limited to mutual fund positions and option contracts, will be
liquidated at current market prices. Sale proceeds will also be issued to
you in the form of a check. Any outstanding obligations and/or debit
balance(s) you may owe in your account(s), including any annual and
closing fees, will be paid prior to any checks being issued. Liquidation of
any security will likely be a taxable event and may incur fees, including
mutual fund contingent deferred sales charges, or other applicable
liquidation fees. Merrill recommends that you consult a tax advisor to
determine what result, if any, liquidation may have on your tax situation.
254) Upon termination, you agree to promptly return all Visa cards and unused
checks to us and discontinue use of any other means of access to your
account. Failure to do so may result in a delay in complying with your
instructions as to the disposition of your assets.
Low balance donation
255) If Merrill terminates your account and your CMA account contains a
balance of less than $15.00, the balance may be donated to charity.
Ifyou choose, you have the right have your account balance transferred
to another financial institution or to direct Merrill to mail you a check for
the balance. However, if you fail to provide such instructions, Merrill will
donate this balance to charity. By not directing us to send you a check or
otherwise transfer your remaining balance, you are deemed to expressly
consent to this charitable donation.
Applicable laws and rules
256) This agreement, with respect to all portions of the Merrill Edge
Self-Directed CMA Account, including interest charges on loans
made to you, will be governed by and interpreted under the laws
of the State of New York. The terms of the agreement with
Bank of America, N.A., are governed by federal and North Carolina
law. Your rights and obligations for Remittance Transfers will be
governed by and interpreted as described in the section titled
“Remittance Transfers.”
257) All transactions in your account shall be subject to the constitution, rules,
regulations, customs and usages of the exchange or market and its
clearinghouse, if any, on which such transactions are executed by us or
our agents, including our subsidiaries and affiliates.
258) You may not use your account or relationship to the firm to process
transactions that are prohibited by law, including, but not limited to,
restricted transactions prohibited by the Unlawful Internet Gambling
Enforcement Act of 2006.
259) Wire transfers to your account or funded from your account or otherwise
funded by you may involve one or more funds transfer systems, including
without limitation, Fedwire or Clearing House Interbank Payments System
(CHIPS). Accordingly, notwithstanding any choice of law that may be
provided elsewhere in this agreement, such wire transfers will be governed
by the rules of any funds transfer system through which the transfers
are made, as amended from time to time, including without limitation,
Fedwire, the National Automated Clearing House Association, any regional
association (each an “ACH”) and CHIPS. Funds transfers through Fedwire
will be governed by and subject to, Regulation J, Subpart B, and Uniform
Commercial Code Article 4-A incorporated by reference hereunder. Wire
transfers through CHIPS are governed by, and subject to, CHIPS Rules
and Administrative Procedures and by the laws of the State of New York,
including Article 4A of the New York Uniform Commercial Code, regardless
of whether the payment message is part of a wire transfer that is a
Remittance Transfer, except that in the case of an inconsistency between
New York law and EFTA, EFTA shall govern.
260) Notice to all non-U.S. individual clients and U.S. citizens residing abroad:
Regardless of your citizenship, if you are living outside the U.S. at your
death, assets held in your account(s) with Merrill may be subject to U.S.
estate taxes. To ensure any U.S. estate tax liabilities are satisfied, U.S. law
imposes (i) a lien on all of your assets (both U.S.-situs and non-U.S. situs
assets) held with Merrill at your death and (ii) statutory executor status
on Merrill on behalf of the U.S. government at such time. As a result of
this lien and the potential liability of Merrill as statutory executor for any
unsatisfied U.S. estate tax, all of the assets in your account(s) with Merrill
at your death will be restricted from withdrawal or transfer until (a) Merrill
concludes that an exception applies based on an affidavit confirming your
total U.S. assets held at death, your country of citizenship (this exception
is not available for U.S. citizens), and your country of permanent residence;
(b) Merrill receives documentation satisfactory to Merrill confirming that
your assets are subject to a probate proceeding within the U.S.; or (c) a
release from the U.S. Internal Revenue Service (IRS), known as a “Federal
Transfer Certificate,” is provided to Merrill (obtaining this from the IRS can
take up to a year or more). As Merrill does not provide tax advice, please
seek guidance on this topic from your own legal or tax advisor.
261) If any provision of this agreement is held to be invalid, illegal, void or
unenforceable, by reason of any law, rule, administrative order or judicial
decision, such determination will not affect the validity of the remaining
provisions of this agreement.
Substitute payments
262) Merrill will aim to reduce the occurrence of circumstances that lead to
its clients receiving substitute interest or dividend payments for their
securities in lieu of payments from the issuer of the securities. For municipal
securities, we may do so by informing clients when such circumstances
arise in a transaction, and giving clients the opportunity to instruct us to
either: (i) cancel and correct the transaction in question if a cancellation
and correction can reasonably be executed or (ii) purchase a comparable
security if a comparable security is available for purchase. There may be
circumstances where a transaction cannot reasonably be cancelled or
corrected or a comparable security is not available for purchase, which
may lead to clients receiving substitute payments for their securities in
lieu of payments from the issuer of the securities. In addition, clients
may receive substitute payments for their securities under a number of
circumstances in normal business activities that may create a temporary
shortfall that results in Merrill holding an insufficient amount of the
securities at the Depository Trust Company to enable all our clients
to receive the actual payment from the issuer of the securities. Under
such circumstances, we have established policies and procedures to
determine which clients to allocate substitute payments to. Clients who
receive a substitute payment will see the payment indicated as such in their
account statements. Merrill iscommitted to ensuring that its clients are not
adversely impacted by their receipt of substitute payments. Therefore, to the
extent substitute payments are made to our clients, Merrill will “gross up”
substitute payments after the close of the year the payments are made with
an objective to compensate you for any federal, state, or local tax liabilities
that might be incurred, including an amount equal to the tax liability on
the gross up itself, in accordance with our policies, copies of which will be
provided upon request. If you believe the gross up amount received is not
sufficient to offset the tax liability incurred due to substitute payments,
please contact a Merrill Representative at 877.653.4732.
Investment in non-U.S. issued securities
263) If you trade and hold non-U.S. securities, you acknowledge and agree
that Merrill or its affiliates are, or may be, required to disclose customer
name and other identifying information, including Social Security number
or tax identification number, to regulators (including taxing authorities)
and/or issuers to comply with local law and/or custom and practice. For
example, we may be required to provide personal information in order to
meet local regulations that require the submission of investor names to
the local stock exchange, or an issuer may request residence and taxpayer
identification information in order to obtain favorable tax treatment, such
as lower withholding rates, for shareholders.
264) If you hold shares of Italian companies whose equity securities are traded
in any regulated market, you hereby represent that you only hold “Non-
Qualified Equity Investments” (Partecipazioni Non Qualificate). Youagree,
and acknowledge that it is your responsibility, to immediately inform
Merrill if this representation is inaccurate or untrue or if it becomes
inaccurate or untrue.
Page 17 | MerrillEdge Self-Directed CMA Agreement Code 470819PM-1121
Disputes
265) If we believe there is a dispute concerning the control or ownership of
assets of the account, we may, but are not obligated to, take one or more
of the following actions, without any liability, until such dispute
is resolved to our satisfaction:
Restrict activity in the account;
Require that all instructions be in writing, signed by the account holder
or, if applicable, all account holders or persons claiming ownership or
authority to control the account;
Suspend or terminate the Merrill Edge Self-Directed CMA Account;
and/or
File an interpleader action in an appropriate court at the expense of the
account holder(s).
Successors
266) This agreement is binding on and will inure to the benefit of your heirs,
successors and personal representatives, and may not be assigned
without the written consent of Merrill and the Merrill Affiliated Banks.
This agreement is binding upon the successors of, and may be assigned
by, Merrill and the Merrill Affiliated Banks.
Compliance with Applicable Laws
267) You represent that you and any beneficial owners(s) if signed in a
representative capacity have complied, and you agree that you and any
such beneficial owner(s) will comply for so long as this Agreement is
in effect, with all applicable laws (including obligations related to tax
payments and reporting and to currency exchange controls) related to (i)
the assets deposited, acquired or otherwise held in any securities account
held at Merrill now or in the future or (ii) any other transaction you enter
into with Merrill or its affiliates. You further agree and acknowledge that
you and any beneficial owner(s) if signed in a representative capacity are
responsible for timely paying any taxes owed to any tax authority and for
timely filing all relevant tax returns in relation to assets held in any
securities account held at Merrill now or in the future or any other
transaction you enter into with Merrill or its affiliates.
Investment Policy Statements—Responsibility to Review and Monitor
268) You acknowledge that it is your sole responsibility to adhere to any
investment policy statement (IPS) or similar document that applies to you.
You further acknowledge that, in connection with your Merrill Account(s),
Merrill shall not have any responsibility to review, monitor, or adhere to
your IPS or similar document.
Headings
269) The heading of each provision of this agreement is for descriptive
purposes only and shall not be deemed to modify or qualify any of
the rights or obligations set forth in each such provision.
IRS Circular 230 Disclosure
270) Merrill does not provide tax, accounting, or legal advice. Neither the
information, nor any advice contained in this communication is intended
or written to be used, and cannot be used, for the purpose of avoiding
U.S. federal, state, or local tax penalties, or promoting, marketing or
recommending any transaction or matter addressed herein.
REPRESENTATIONS AS TO OWNERSHIP AND CAPACITY TO ENTER INTO
AGREEMENT
271) The Customer represents that no one except the Customer (or the
beneficial owner(s) if signed in a representative capacity) has an interest
in the CMA Account(s) of the Customer with Merrill. If this CMA Account is
beneficially owned by any person who is a U.S. Securities Exchange Act of
1934 Section 16 reporting person of a U.S. public company, the Customer
represents that no funds or assets belonging to such U.S. public company,
or any entity affiliate of such U.S. public company, will be invested through
this CMA Account. If the Customer is a sole proprietor, the Customer
represents that the Customer is of legal age to contract in the Customer’s
jurisdiction of residence. The Customer represents that no person having
an ownership interest in the Customer is an employee of any exchange, or
of any corporation of which any exchange owns a majority of the capital
stock, or of a member of any exchange, or of a member firm or member
corporation registered on an exchange, or of a bank, trust company,
insurance company or any corporation, firm or individual engaged in the
business of dealing either as broker or as principal in securities, bills of
exchange, acceptances or other forms of commercial paper. If any of
the foregoing representations is inaccurate or becomes inaccurate, the
Customer will promptly so advise in writing.
L-01-14
Page 18 | MerrillEdge Self-Directed CMA Agreement Code 470819PM-1121
Securities-Based Loans Disclosure
Statement
Risk factors you should consider before using margin or other loans
secured by your securities accounts
1) Merrill is furnishing this Disclosure Statement to provide you with a
summary of the risks involved in borrowing on margin from Merrill or
otherwise borrowing funds secured by assets in your securities account(s)
through an affiliated loan program, known as “securities-based credit.”
Youshould understand those risks before using securities-based credit
aspart of your investment strategy or as a liquidity source. In addition,
youshouldunderstand:
The terms of your loan agreement;
The interest rate you will pay;
Initial margin and maintenance requirements and how market
fluctuations may result in a “maintenance call”; and
The lender’s procedures for issuing maintenance calls and liquidating
securities and other assets in your accounts.
2) Please carefully review your loan agreement. If you have any questions or
concerns, please contact the Investment Center at 877.653.4732 before
trading securities in a margin account or otherwise using leverage. Trading
“on margin” increases your market risk exposure.
Borrowing for Purposes of Purchasing Securities
3) When you purchase securities, you may pay for the securities in full or, if
your account has been established as a margin account with the Margin
Lending Program, you may borrow part of the purchase price from Merrill,
thereby “leveraging” your investment. If you choose to borrow funds
for your purchase, Merrill’s collateral for the loan will be the securities
purchased, other assets in your margin account and your assets in any
other accounts at Merrill, other than retirement accounts (such as IRAs). If
the securities in your margin account decline in value, so does the value of
the collateral supporting your loan and, as a result, Merrill can take action,
including issuing a margin call and/or selling securities in your account
with Merrill to maintain the required equity in your account.
4) If your securities account has a Visa card and/or checks, you may also
create a margin debit if your withdrawals (by Visa card, checks, pre-
authorized debits, FTS or other transfers) exceed the sum of any available
free credit balances plus available money account balances (such as bank
deposit balances or money market mutual funds). Please refer to your
account documents for more information.
5) You should note that it may be more advantageous to pay cash than
to use margin for smaller securities purchases. On smaller purchases
of securities, a higher percentage of the transaction costs goes to
commissions and interest charges, which are generally higher on smaller
balances. The commissions plus the interest charges could equal or exceed
any appreciation in your securities.
6) If you want to borrow for the purpose of purchasing securities or paying
off debt that has been incurred to purchase securities, you may also
explore other securities-based credit alternatives from an affiliated
lender that allow you to set up a “purpose credit” under RegulationU
promulgated by the Federal Reserve. A “purpose” securities-based line may
be subject to lower advance and call rates and withdrawal and substitution
will be subject to compliance with RegulationU. Please carefully review
the terms and risks set out in the applicable loanagreement.
Borrowing for Purposes Other Than Purchasing Securities
7) You may also borrow against the value of securities or other assets in
your securities accounts for purposes other than to purchase securities.
When you do so, the assets in your account are “pledged” as collateral
to secure the loan. In such cases, your loan may be made by Merrill
(in a margin account) or by an affiliated lender. For example, the Loan
Management Account® (LMA® account) is a demand loan made by our
affiliate, Bank of America, N.A., that is secured by a pledge of assets in
one or more Merrill securities accounts. Securities-based credit involves
special risks and is not for everyone. Please carefully review the governing
loan documentation for a complete description of the loan terms and
riskdisclosures.
8) Eligible collateral and other collateral requirements may differ across
margin and other securities-based credits. Review the terms and
conditions of your lending arrangement carefully.
Interest rates
9) Interest rates vary by loan program, so be sure you understand how
interest rates are determined. The interest rate charged on the loan will
reduce your overall rate of return.
10) Interest rates are usually based on an index plus or minus a percentage.
The index may be an internal one, such as our base lending rate (BLR) for
margin, or an external one, such as the one-month Bloomberg Short-Term
Bank Yield Index (BSBY), or any such other successor index rate as
determined by lender. In either case, your interest rate can change without
notice to you if the index changes. A fixed rate of interest may be available
with certain loan programs.
11) Your interest rate may be based on your outstanding loan balance (such as
in our Margin Lending Program). As a result, your interest rate can change
without notice to you in accord with changes to your loan balance.
12) Interest charges not paid at the close of the applicable interest period
are typically added to your loan balance. You can elect to pay the interest
charges plus any principal balance. Your interest charges will be shown
on your account statements. Not all loans operate in this manner. Please
review the terms and conditions of your lending arrangement carefully.
Maintenance requirements
13) Your pledged assets must meet specified maintenance requirements as
determined by the lender. In other words, the assets must at all times
maintain a certain minimum value. If the assets in your account decline
in value and fall below these maintenance requirements, the lender may
require you to deposit additional collateral known as a “margin call”
or “maintenance call” or take other action as permitted by the loan
agreement. The lender is also permitted, for example, to sell assets in any
of your pledged Merrill accounts to meet maintenance requirements.
14) The forced sale of your assets may negatively affect your ability to follow
your investment strategy or achieve your investment objectives. Some
or all of the assets may be sold at prices higher than what it initially
cost you to acquire them. If that happens, you may suffer adverse tax
consequences.
15) You can reduce the possibility of maintenance calls by carefully considering
the volatility of the securities you pledge as collateral and the amount that
you borrow. Risk-management strategies you should consider include:
Borrowing less than the maximum allowable amount.
Borrowing against a portfolio of less-volatile securities such as
government Treasuries, high-grade corporate bonds and blue-
chipstocks.
Pledging a diversified portfolio as collateral.
Watching your portfolio carefully, especially when market conditions
are fluctuating. By doing so, you will be aware of a potential decline in
value before a maintenance call becomes necessary.
16) Alternative credit arrangements:
As explained above, there are various credit arrangements available from
BankofAmerica, N.A., an affiliate of Merrill, (as well as potentially from
other financial institutions) that may fit your needs. These other types of
credit products may provide more definite terms, greater flexibility with
respect to collateral requirements, and other terms and other benefits,
including the acceptance of collateral other than marketable securities.
Please consult with your independent legal, tax, or other advisors as you
deem necessary. If you have questions regarding the range of credit
solutions available from Merrill and its affiliates, please contact a Merrill
Representative at 877.653.4732.
Page 19 | MerrillEdge Self-Directed CMA Agreement Code 470819PM-1121
We can sell your securities or other property without contacting
you. Investors sometimes mistakenly believe that they must be
contacted for a maintenance call to be valid, and that securities or
other property in their accounts cannot be liquidated to meet the call
unless they are contacted first. This is not the case. We will attempt to
notify you of maintenance calls, but we are not required to do so. Even
if we have contacted you and provided a specific date by which you can
meet a maintenance call, we can still take necessary steps to protect
our interests, including immediately selling the securities or other
property without notice to you.
You are not entitled to choose which securities or other property
in your account(s) are liquidated or sold to meet a maintenance
call. Because the securities and other assets in your account(s) are
collateral for the loan, we have the right to decide which assets to sell
in order to protect our interests.
We can increase our “house” maintenance margin requirements
at any time and are not required to provide you advance written
notice. These changes in our policy may take effect immediately and
may result in the issuance of a maintenance margin call. Your failure
to satisfy the call may cause us to liquidate or sell securities in your
account(s).
You are not entitled to an extension of time on a margin call.
While an extension of time to meet margin requirements may be
available to you under certain conditions, you do not have a right to
the extension.
18) If you have any questions or concerns about margin or the Margin Lending
Program, please contact a Merrill Representative at 877.653.4732.
L-09-12
Margin Risk Disclosure Statement
17) In accordance with FINRA requirements, Merrill is furnishing this
information to you to provide some basic facts about purchasing securities
on margin, and to alert you to the risks involved with trading securities in
a margin account. Before trading stocks in a margin account, you should
carefully review the margin terms in this agreement. As used below, “we”
or “us” refer to Merrill.
When you purchase securities, you may pay for the securities in full, or you
may borrow part of the purchase price from Merrill if your account has
been established as a margin account with the Margin Lending Program.
If you choose to borrow funds, the securities purchased are the collateral
for the loan to you. If the securities in your account decline in value, so
does the value of the collateral supporting your loan, and, as a result,
we can take action, such as issue a margin call and/or sell securities or
other assets in any of your accounts held with us, in order to maintain the
required equity in the account.
It is important that you fully understand the risks involved in trading
securities on margin. These risks include the following:
You can lose more funds than you deposit in your margin
account. A decline in the value of securities that are purchased on
margin may require you to provide additional funds to us to avoid the
forced sale of those securities or other assets in your account(s).
We can force the sale of securities or other property in your
account(s). If the equity in your account falls below the maintenance
margin requirements or our higher “house” requirements, we can sell
the assets in your accounts pledged by you to Merrill to cover the
margin deficiency. For margin loans, we can sell the assets in any of
your accounts held by Merrill. For other securities-based loans, you
should check your loan agreement. You also will be responsible for any
remaining loan balance in the account after such a sale.
Page 20 | MerrillEdge Self-Directed CMA Agreement Code 470819PM-1121
About the Merrill Lynch Direct
Deposit Program
1) This section describes the manner in which free credit balances of
the Service, which includes CMA Accounts, will be deposited in bank
deposit accounts established in the name of Merrill as your agent at
BankofAmerica, N.A., by Merrill, Pierce, Fenner & Smith Incorporated
(Merrill). This feature is called the Merrill Lynch Direct Deposit Program
(MLDD Program).
2) If you subscribe to the MLDD Program for your MerrillEdge Self-Directed
CMA Account, Merrill, as your agent, will establish two bank deposit
accounts on your behalf at BANA: (1) a bank transaction account (BTA);
and (2) a money market deposit account (MMDA). The BTAs and MMDAs
established through the MLDD Program are each a “Deposit Account and
collectively the Deposit Accounts.”
Eligibility
3) The MLDD Program is available only to individuals and certain fiduciaries
and trusts, provided the beneficiaries are individuals or otherwise eligible.
How the Program Works
4) The timing of the deposit of available free credit balances will be as set
forth in the Merrill Edge Self-Directed CMA Account Agreement.
5) For Merrill Edge Self-Directed CMA Accounts, regardless of the number of
owners (e.g., joint, single), free credit balances are remitted automatically
for deposit by Merrill, acting as your agent, to your Deposit Accounts
established by Merrill at BANA. Merrill will make this deposit on your
behalf without reference to the amount deposited with BANA, or any
other amounts you may have on deposit with BANA.
6) All deposits made to the Deposit Accounts will be made to your MMDA
accounts, except as described under “Transfers and withdrawals,” below.
Important deposit insurance considerations
7) All funds on deposit in each Merrill Affiliated Bank are eligible for insurance
by the FDIC. Deposits are insured up to the SMDIA, per ownership category,
per bank, as defined in paragraph 35. For purposes of determining deposit
insurance coverage, all accounts or deposits (including CDs you hold either
directly or through any other account at Merrill or any other intermediary)
in the same Merrill Affiliated Bank will be aggregated. Amounts on deposit
at BANA in the same insurable capacity in excess of the applicable FDIC
insurance limit will not be covered by FDIC insurance. You are responsible
for monitoring the total amount of all Merrill Affiliated Bank deposits in
order for you to determine the extent of insurance coverage available to
you on those deposits, including the Deposit Accounts and CDs.
8) If you have elected the MLDD Program sweep feature in connection with
more than one Merrill account, you should note that remittances of funds
from the Merrill Edge Self-Directed CMA Account securities accounts to
the Deposit Accounts are made by Merrill, as your agent, on an automated
and independent basis. Merrill will not monitor and adjust deposits to the
Deposit Accounts to achieve the greatest deposit insurance coverage for
you between or among your Merrill accounts. Persons with more than
one Merrill account with the MLDD Program should consider various
alternatives to lessen the amount of their uninsured Deposit Accounts.
These alternatives may include selecting a different money account
into which available cash balances in their second (or additional) Merrill
accounts are swept, and carefully monitoring and periodically adjusting
the amount of their deposits with BANA (whether in the Deposit Accounts,
CDs or other deposits).
9) Merrill is not responsible for any insured or uninsured portion of the
deposits made under the MLDD Program, or any CDs or any other deposits
you may have.
10) For more information on FDIC deposit insurance, see “About Deposit
Insurance,” page 20.
Transfers and withdrawals
11) Withdrawals will be made from your BTAs by Merrill as your agent as
necessary to satisfy debits (securities purchases, checks, Visa and other
charges) in your Merrill Edge Self-Directed CMA Account. If you have
Deposit Accounts with BANA, then withdrawals will be made from your
Deposit Accounts at BANA.
12) If funds in a BTA are insufficient to satisfy a debit, funds in the MMDA
at BANA will be transferred to the BTA at BANA to satisfy the pending
withdrawal, plus a “cushion” to be determined from time to time by Merrill.
Certain transfers from an MMDA may be subject to a limit of six during a
monthly statement cycle. At any point during a month in which transfers
from the MMDAs at BANA have reached the applicable limit, funds will
be transferred from all MMDAs you have at BANA to the related BTAs.
For the remainder of the month, free credit balances in your Merrill Edge
Self-Directed CMA Account will be deposited in your BTAs instead of the
MMDAs as described above. At the beginning of each month, all funds in
the BTAs (less $1) will be transferred to the MMDAs. The limits on MMDA
transfers will not limit the number of withdrawals you can make from
funds on deposit at BANA through the MLDD Program.
13) As required by federal regulations, BANA reserves the right to require
seven days’ prior notice before permitting a transfer out of the BTAs and
MMDAs. BANA has not exercised this right in the past.
14) The BTAs and MMDAs are not transferable.
Interest rates and yields
15) Interest rates paid on deposits in the MLDD Program are determined
at the discretion of BANA based on economic and business conditions.
Interest rates may change daily. The current yield on any deposits held in
the MLDD Program is included on your Merrill account statement. Recent
yields may be accessed on merrilledge.com (see the “Deposit Account &
Money Fund Rates” link at the bottom of each page) or by contacting a
Merrill Representative at 877.653.4732.
16) Balances in the BTAs and MMDAs at BANA will earn the same interest
rate and rate of return.
17) The rates of return paid with respect to the accounts may be higher or
lower than the rates of return available to direct depositors of BANA for
comparable accounts. Of course, you should compare the terms, rates
of return, required minimum amounts, charges and other features of the
deposits at BANA with other accounts, sweep programs and alternative
investments offered by Merrill or other institutions.
18) Interest will accrue on Deposit Account balances from the day they are
deposited to BANA to (but not including) the date of withdrawal, and will
be compounded daily and credited monthly. BANA uses the daily balance
method to calculate interest on the accounts. This method applies the
applicable rate to the principal in the accounts each day.
Account statements and information
19) All deposits to and withdrawals from your Deposit Accounts will be
confirmed and appear in chronological sequence on separate monthly
Merrill Edge Self-Directed CMA Account statements. In addition, the
statements will show the total of your opening and closing deposit
balances for the period at BANA. To determine your total deposits in BANA
through the MLDD Program, you will need to add the balances shown on
each statement. The statements will also include interest earned for the
period at BANA.
20) You may obtain information about your accounts with BANA including
balances and checking activity, by accessing your account via
merrilledge.com.
Your relationship with Merrill
21) Merrill is acting as agent and messenger for its customers for the deposits
at BANA. The separate accounts established by Merrill on your behalf
will be evidenced by a book entry on the account records of BANA and
reflected on your periodic Merrill account statements. No evidence of
ownership, such as a passbook or certificate, will be issued to you.
22) Checks clear through the check writing facility provided for your
Merrill Edge Self-Directed CMA Account, which results in debits directly
against your Merrill Edge Self-Directed CMA Account at Merrill. As a
central asset account, the Merrill Edge Self-Directed CMA Account
is an investment and money management vehicle. The Visa card and
checking features are intended to provide you with easy access to assets
in your account. The Merrill Edge Self-Directed CMA Account is not a
bank account. Checks are provided to you by Merrill and not by BANA. In
addition, all transactions are effected through Merrill, as agent, and not
directly between you and BANA.
Page 21 | MerrillEdge Self-Directed CMA Agreement Code 470819PM-1121
constitutes a direct obligation of the issuing depository institution and
is not directly or indirectly an obligation of Merrill.
32) Since deposit insurance coverage is based on a customer’s funds on
deposit in any one depository institution, coverage can change if two or
more institutions where you have funds on deposit merge or consolidate.
Please note that if your deposits at a depository institution are assumed
by another depository institution (“acquirer”) pursuant to a merger or
consolidation, such deposits will continue to be separately insured from
the deposits that you might have established with the acquirer until
the expiration of a six-month period from the date of the acquisition.
Thereafter, any assumed deposits will be aggregated with your existing
deposits with the acquirer held in the same ownership category for
purposes of federal deposit insurance. Any deposit opened at the
acquired institution after the acquisition will be aggregated with deposits
established with the acquirer for purposes of federal depositinsurance.
33) The application of the SMDIA is illustrated by several common situations
discussed below. For additional information, including FDIC rules related to
retirement accounts, visit fdic.gov.
Special Provisions for FDIC Deposit Insurance Coverage
34) If you have opened a Merrill account that holds bank deposits on your behalf
or on behalf of the beneficial owners of the assets in the account, you, as
the account holder or representative, must be able to provide information,
in the event of adverse circumstances, about your ownership of the
deposits or information regarding the interests of the beneficial owner(s) or
beneficiaries to Merrill in accordance with the FDIC’s requirements.
35) In the event of adverse circumstances, you agree to:
Cooperate fully with us and the FDIC in connection with determining
the insured status of funds in such accounts at any time;
Provide promptly the necessary data in the required format.
36) In the event of bank failure, the FDIC would be appointed as receiver and
a hold would be placed on your account so that the FDIC can conduct
the deposit insurance determination; that hold will not be released until
the FDIC obtains the necessary data to enable the FDIC to calculate the
deposit insurance. You understand and agree if you do not provide the
necessary data to Merrill in a timely manner, it may result in a delay in
receipt of insured funds and your ability to transact with these funds.
Individual customer accounts
37) An individual account is an account owned by one person. Individual
accounts include accounts established for the benefit of the owner by
agents, nominees, guardians, custodians or conservators, and accounts
established by a business that is a sole proprietorship. All individual accounts
established by, or for the benefit of, the same owner at an FDIC insured
institution are added together and the total is insured up to $250,000.
38) For example, funds in accounts held by a custodian under the Uniform
Gifts to Minors Act are not treated as owned by the custodian, but are
added to other deposits of the minor held in an individual capacity and
insured up to $250,000.
Joint accounts
39) A joint account is an account owned by two or more people. Each co-owner’s
interest in joint accounts at an FDIC-insured institution is insured up to
$250,000. For example, a joint account owned by two persons would be
eligible for insurance coverage of up to $500,000 ($250,000 for each person),
subject to aggregation with each co-owner’s interests in other joint accounts
at the same depository institution. Joint accounts are separately insured
from the co-owner’s deposits maintained in other ownership categories at
the depository institution (e.g., individual accounts) if each co-owner (1) is
anindividual person; and (2) has signed an account agreement with Merrill
and has an equal right of withdrawal from the account.
Revocable trust accounts
40) A revocable trust is an account that indicates an intention that funds will
belong to named beneficiaries upon the owner’s death. A revocable trust
can be revoked or terminated at the discretion of the owner. The FDIC’s
insurance regulations distinguish between two types of revocable trusts—
formal trusts and informal trusts.
41) A formal revocable trust is established through a written trust document
or agreement. The beneficiaries must be a natural living person and/or
a charity/non-profit organization recognized by the IRS. Because Merrill
23) Deposits with BANA are obligations of BANA only and are not
guaranteed by or obligations of Bank of America Corporation or any
other subsidiary thereof. Upon request, you will be provided with
the publicly available summary financial information that Merrill
has relating to the BANA. Merrill is not a bank. Securities made
available through Merrill are not guaranteed by any bank, are not
insured by the FDIC and may lose value.
24) Merrill may, in its sole discretion and without notice, terminate your use
of the Merrill Edge Self-Directed CMA Account. BANA may also terminate,
in its sole discretion and without notice, your Deposit Accounts. If Merrill
does not wish to continue to act as your agent with respect to your
Deposit Accounts, you may deal directly with BANA, subject to its rules
with respect to maintaining direct bank accounts. Similarly, if you decide
that you no longer wish to have Merrill act as your agent and messenger
with respect to the Deposit Accounts established for you at BANA, you
may establish a direct relationship with BANA, subject to its rules with
respect to maintaining such accounts, by requesting to have the accounts
established in your name. This will result in severance of the Deposit
Accounts from your Merrill Edge Self-Directed CMA Account.
25) As stated in the Merrill Edge Self-Directed CMA Account Disclosures and
Account Agreement, Merrill may delay payment from your account for a
certain number of days based upon factors including whether the source
of the funds placed in your Merrill Edge Self-Directed CMA Account was
an electronic funds transfer, check, draft or similar instrument.
Benefits to Merrill
26) Deposits held in BANA are financially beneficial to Merrill and its affiliates.
BANA uses bank deposits to fund current and new lending, investment and
other business activities. Like other depository institutions, the profitability
of BANA is determined in large part by the difference between the interest
paid and other costs incurred by BANA on bank deposits, and the interest
or other income earned on their loans, investments and other assets. The
deposits provide a stable source of funding for BANA and borrowing costs
incurred to fund the business activities of BANA have been reduced by the
use of deposits from Merrill clients.
27) Merrill receives compensation from BANA of up to $100 per year for each
Merrill Edge Self-Directed CMA Account that has uninvested cash balances
automatically swept to BANA under the MLDD Program. The amount of this
compensation is subject to change from time to time, and Merrill may waive all
or part of it. Other than the regular annual Merrill account fees, there will be no
charge, fee or commission imposed with respect to your deposits with BANA.
About Deposit Insurance
FDIC insurance
28) FDIC insurance covers all deposit accounts at an FDIC insured bank,
which includes MLDD Program deposits. Deposits maintained in different
categories of legal ownership—such as individual accounts, joint accounts
or certain retirement accounts—are separately insured by the FDIC, up to
the applicable SMDIA per depository institution. The SMDIA is $250,000
per depositor, per ownership category, per bank.
29) Your FDIC protection takes effect as soon as BANA receives your deposits
from Merrill. Amounts in excess of the applicable FDIC insurance limit
may be deposited to the Merrill Affiliated Banks from the same Merrill
account. It is important to note that uninvested cash held in more than one
Merrill account may be deposited to the same Merrill Affiliated Banks. Any
accounts or deposits (e.g., CDs) maintained with a Merrill Affiliated Bank in
the same legal ownership category, whether directly, through other Merrill
accounts or through any other intermediary, would be aggregated for FDIC
insurance limit purposes.
30) You are responsible for monitoring the total amount of your
deposits in order for you to determine the extent of insurance
coverage available to you on your deposits, including any CDs.
Merrill is not responsible for any insured or uninsured portion
of MLDD program deposits, CDs or any other deposits.
31) Merrill will not be obligated to you for amounts not covered by deposit
insurance, nor will Merrill be obligated to make any payments to you in
satisfaction of a loss you might incur as a result of a delay in insurance
payouts applicable to your Deposit Accounts. Merrill will not be obligated
to credit your Merrill Edge Self-Directed CMA Account with funds in
advance of their payment to Merrill by the FDIC. Each Deposit Account
Merrill, its affiliates and financial advisors do not provide legal, tax or accounting advice. You should consult your legal and/or tax advisors before making any financial decisions.
Merrill is the marketing name for MerrillLynch Wealth Management and MerrillEdge® Self-Directed, which are made available through MLPF&S.
Unless otherwise noted, all registered trademarks and trademarks are the property of BankofAmerica Corporation.
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valid under state law. Irrevocable trust accounts are separately insured
from the owner’s deposits maintained in other ownership categories at
the depository institution (e.g., revocable trust accounts). The interests of
a beneficiary in all deposit accounts under an irrevocable trust established
by the same grantor, at the same FDIC-insured institution, are added
together and insured up to $250,000. If the owner retains an interest in
the trust, that interest is added to the owner’s single accounts, if any, and
that total is insured up to $250,000.
Treatment of accounts upon death of owner
Under certain circumstances, if you become the owner of deposits at a
depository institution because another depositor dies, beginning six months after
the death of the depositor, the FDIC will aggregate those deposits for purposes
of the SMDIA with any other deposits that you own in the same ownership
category at the depository institution. Accounts that may be subject to this
FDIC policy include joint accounts, “payable on death” accounts and certain trust
accounts. For example, in the event of the death of one of two co-owners of
a joint account, beginning six months after the death of the depositor, all the
funds would be treated as individually held by the surviving co-owner and would,
therefore, be aggregated with all other individually owned deposits of such
survivor at the same depository institution for insurance purposes, unless some
other action is taken. The FDIC provides the six month “grace period” to permit
you to restructure your deposits to obtain the maximum amount of deposit
insurance for which you are eligible.
Payments under adverse circumstances
46) In the event that federal deposit insurance payments become necessary,
the FDIC is required to pay principal plus unpaid and accrued interest to
the date of the closing of the relevant depository institution as prescribed
by law and applicable regulations. Since there is no specific time period
Merrill Lynch Bank Deposit Program during which the FDIC must make
available such insurance payments, you should be prepared for the
possibility of an indeterminate delay in obtaining insurance payments.
In addition, you may be required to provide certain documentation to the
FDIC and to Merrill before any insurance payments are released to you.
For example, if a deposit account is held by you as trustee for the benefit
of trust participants, you may be required to furnish an affidavit to that
effect; you may be required to furnish other affidavits and indemnities
regarding the insurance payments.
Additional information from the FDIC
47) If you have questions about FDIC insurance coverage, you may obtain
information by contacting the FDIC by letter at Deposit Insurance
Outreach, Division of Depositor and Consumer Protection, 550 17th Street,
N.W., Washington, D.C. 20429; by phone at 877.275.3342 or 800.877.8339
(TTY); or by visiting the FDIC website at fdic.gov. n
L-07-16
account records do not specifically name the beneficiaries of a formal
revocable trust, it is necessary for the account title to indicate that the
account is held by a formal revocable trust in order for each named
beneficiary to qualify for FDIC insurance.
42) An informal revocable trust is created if all of the following conditions are
met: (1) the account title must include commonly accepted terms such
as “transfer on death,” “in trust for” or similar language to indicate the
existence of a trust relationship (the terms may be abbreviated); (2) the
beneficiaries must be identified by name in the deposit account records
for the bank; (3) the beneficiaries must be a natural living person and/or a
charity/non-profit organization recognized by the IRS.
43) FDIC coverage is determined by the number of beneficiaries named by
an owner and the amount of the deposit. For revocable trust accounts
where the owner has a balance of $1,250,000 or less at an FDIC-insured
institution and has named five or fewer beneficiaries, rather than evaluate
the proportional interest of each beneficiary, the maximum coverage is
determined by multiplying the number of beneficiaries by $250,000. For
revocable trust accounts where the owner has more than $1,250,000 and
has named six or more unique beneficiaries, each with an equal interest
in the trust, the calculation is the same as for revocable trusts that name
five or fewer beneficiaries. The maximum insurance coverage is up to
$1,500,000. For revocable trust accounts where the owner has more than
$1,250,000 at an FDIC-insured institution and has named more than five
beneficiaries in the revocable trust with unequal interests, the maximum
coverage is the greater of (i) $1,250,000 or (ii) the aggregate amount of
all the beneficiaries’ proportional interests in the revocable trusts, limited
to $250,000 per beneficiary.
44) Properly established revocable trust account deposits, whether formal or
informal, are separately insured from the owner’s deposits maintained
in other ownership categories at the depository institution. However, a
revocable trust account established by a husband and wife that names the
husband and wife as sole beneficiaries will be treated as a joint account
and will be aggregated with other joint accounts subject to the rules
described above under “Joint Accounts.”
Irrevocable trust accounts
45) An irrevocable trust is an account in which the grantor gives up all power
to revoke or amend the trust. The irrevocable trust may be created through
an irrevocable trust document or agreement, statute or court order, or
could spring from a revocable trust. The deposit account records of the
depository institution must disclose the existence of the trust relationship.
The interests of the beneficiaries must be non-contingent (i.e., capable
of determination without evaluation of contingencies) and ascertainable
from the deposit account records of the depository institution or from the
records of the trustee maintained in good faith and in the regular course
of business. The value of each beneficiary’s interest must be capable of
determination in accordance with FDIC regulations. The trust must be
Important Notice
BCP0704
BUSINESS CONTINUITY PLANNING
Merrill Lynch is responsible for creating and maintaining business continuity plans for all its businesses. In the
event of a business disruption, we have plans designed to allow us to continue operations of critical business
functions, such as entering of client orders, completing securities transactions and providing clients access to
their cash and securities. We accomplish this in part by:
Relocating impacted businesses to designated recovery locations.
Using redundant processing capacity at other locations.
Designing our technology and systems to support the recovery processes for critical business functions.
Using business and technology teams that are responsible for activating and managing the recovery
process.
Adopting a communication plan to ensure that Merrill Lynch employees receive emergency notifications
and instructions via a variety of sources, including in-building announcements, telephone contact, toll-
free phone numbers and Web sites.
Rehearsing our recovery procedures and testing those procedures on a regular basis.
As part of our plans, Merrill Lynch has identified the applications that are critical to each of our business
divisions. These applications are to be implemented in separate production and recovery data centers using
industry-standard practices to copy data from the production site to the recovery site in real time. In most
cases, recovery times will range from nearly instantaneous to approximately four hours. For some business
functions, next-day recovery is projected.
With regard to client assets, nearly all market-traded securities are held in central depositories, such as the
Depository Trust and Clearing Company, rather than in physical certificate form. Ownership of the securities
is reflected on a book-entry record-keeping basis, with the depositories’ participants, such as Merrill Lynch,
maintaining on their records the beneficial ownership positions of their customers. This structure is
recognized worldwide as providing investors with an unsurpassed level of liquidity and security for the assets
they choose to custody with major financial institutions.
As a premier financial service firm, we take our commitment to our clients very seriously and participate
globally in various industry-level discussions regarding business continuity planning under the auspices of
industry organizations. Participation in these types of forums increases our ability to proactively recognize
and manage business disruption risks and coordinate recovery efforts across the financial service industry.
In the event of a disruption, you will be able to receive information about your accounts and instructions on
how to gain access to your funds by calling your Financial Advisor or the toll free number listed on your
account statement.
Although we have taken significant steps to develop and implement sound business recovery plans, we
cannot guarantee that systems will always be available or recoverable after a disaster or significant business
disruption. However, we believe that our planning for such events is robust and consistent with many of the
best practices established within the industry. Any material changes to the above information will be available
on our Web site or upon request.
M00472079D
Merrill Direct Reinvestment Service
When you enroll in the Merrill Direct Reinvestment Service (the
“Service”), you agree to be bound by the terms and conditions
outlined below.
(i) Description. When your investments generate dividends, and in
certain instances, capital gains or other distributions (collectively,
“dividends” or “distributions”), you can decide to either receive
cash payments deposited to your account or to automatically
reinvest the distributions through the Service as an opportunity to
help build the value of your investments. There is no fee for the
Service, and for most account types you pay no commission on
dividends or distributions automatically reinvested in the same
investment through the Service.
1
Additionally, the Service
provides you with the flexibility to have dividends from some
holdings reinvested while having the dividends from other
investments credited as cash directly to your account. You also
have greater flexibility with respect to mutual fund investments
where separate reinvestment elections for dividends and capital
gains distributions are offered.
(ii) Eligible Investments and Accounts. If you enroll in the Service,
you can have dividends from eligible common and preferred
stocks, mutual funds, exchange traded funds (“ETFs”), closed end
funds (“CEFs”), unit investment trusts (“UITs”), and regulated
investment companies (“RICs”) automatically reinvested into
more shares or units of the same stock, fund, trust or company,
generally without commissions or fees charged. You may also
elect through the Service to reinvest capital gains distributions
paid by mutual funds.
Alternative investments (including but not limited to hedge funds,
private equity funds, non-traded real estate investment trusts and
business development companies) are typically not held in “street
name” and dividend reinvestments for alternative investments
are generally offered pursuant to the issuer’s terms and
conditions, and not those of the Service described in this
document. You should refer to disclosures provided to you in
connection with these alternative investments, such as
prospectuses or private placement memorandum and the
subscription agreement (including the subscription agreement
supplement), which include additional information about our
compensation and any dividend reinvestment options offered by
the issuers. For these alternative investments, the terms of the
issuer’s dividend reinvestment options (and not those contained
in this document) apply.
Eligible investments must be held in “street name” (which means
the investments are owned by you but are registered in Merrill
Lynch’s name) in order to participate in the Service. Most eligible
investments that you hold through your Merrill Lynch account are
held in street name.
The Service is an option for most Merrill Lynch account types,
subject to the terms and conditions of any other services or
programs you may participate in. You may confirm your account
eligibility by contacting your financial advisor, a Merrill Financial
1
Individual Investor Accounts, Business Delaware accounts,
Business Investment Accounts (BIA), and Trust Management
Accounts (TMA) are charged a commission of 4.0% on dividend and
distribution reinvestments up to $100.00, the greater of $4.00 or
2.0% on reinvestments between $100.01 and $500.00, and 1.5%
on reinvestments over $500.00.
Solutions Advisor or an Investment Center representative at any
time.
(iii) Service Operations. We will credit cash dividends you receive
from eligible investments to your account on the dividend payable
date. Thereafter, we will debit cash dividends to be reinvested
from your account and combine cash dividends across all
accounts that have elected the Service in the same investment in
order to purchase additional shares or units of that investment.
We will then credit your account following the dividend payable
date with the number of shares or units of the investment,
including fractional shares or units, equal to the amount of
dividends reinvested, divided by the purchase price per share or
unit (the “reinvestment price”). The reinvestment price will be the
price per share or unit of the investment on or around the
dividend payable date or the ex-dividend date (generally for
mutual funds). The reinvestment price may reflect an average
price per share or unit if the investments are purchased in
multiple transactions. The details regarding the actual prices are
available to you upon request.
Reinvestment for certain investments may occur through the
Depository Trust Company (“DTC”) Dividend Reinvestment
program (“DTC program”). DTC and the issuer determine which
investments participate in the DTC program. DTC will allocate
investments purchased through reinvested dividends
(“reinvestment shares”) to us upon receipt from the issuer. For
investments participating in the DTC program, the cash dividends
you receive from eligible investments will be credited from your
account. Thereafter we will debit cash dividends to be reinvested
from your account and combine cash dividends debited across all
accounts that have elected the Service in the same investment.
Upon our receipt of reinvestment shares through the DTC
program, we will credit your account with the number of
reinvestment shares (including fractional shares or units with
issuers whose investment plans accommodate fractional shares
or units) allocated to your account equal to the amount of
dividends reinvested, divided by the reinvestment price
announced by DTC.
We are compensated by issuers of certain hedge funds, private
equity funds, RICs, non-traded REITs and BDCs (typically those
which are considered “alternative investments”) and mutual
funds based on the total market value of investments held by our
clients, which increases if dividends are reinvested.
For certain other investments, such as UITs, the sponsor may
impose additional requirements with respect to any dividend
reinvestment options offered. These requirements will be
described in the prospectus provided to you in connection with
your investment.
 

  
  
(iv) Enrollment in the Service. Dividends on your investments held
which is at least two business days after you notify us. We reserve
in your Merrill Lynch account are generally paid in cash unless you
take action and indicate that you want to reinvest those
dividends; there is no requirement to participate in the Service.
You may enroll in the Service online by selecting “Help & Support”
or by contacting your financial advisor, a Merrill Financial
Solutions Advisor or an Investment Center representative at any
time. You may specify whether you wish to enroll for all eligible
investments or selected eligible investments in your account.
Automatic dividend reinvestment will commence with the first
dividend having a record date which is at least two business days
after you have notified us of your desire to enroll in the Service
with respect to a particular investment.
If you elect to reinvest dividends and then purchase additional
shares or units of the same investment, dividends for the new
shares or units will also be automatically reinvested.
Changes to reinvestment elections are not allowed between the
record date and the payable date for any investment. If a request
to change reinvestment elections is entered during this period,
changes will not take effect until after the payable date.
Otherwise, you may change your elections by contacting your
financial advisor, a Merrill Financial Solutions Advisor or an
Investment Center representative at any time.
(v) Confirmation of Reinvestment Transactions. We will not
provide you with individual trade confirmations for dividend
reinvestment transactions, as we do for other transactions. Your
periodic account statement will include all transaction details that
would typically appear on a trade confirmation. On your statement
you will see each automatic dividend reinvestment transaction
made pursuant to the Service, including, but not limited to the
date of the transaction, the amount of the dividend paid, the
identity and number of shares or units bought and the purchase
price. You will be able to obtain these transaction details at an
earlier date online or by contacting your financial advisor, a Merrill
Financial Solutions Advisor or an Investment Center
representative beginning on the business day following the
dividend reinvestment transaction. If you currently receive
quarterly account statements, you will receive an additional
monthly account statement for the month in which the dividend
reinvestment transaction was effected.
You will continue to receive a trade confirmation for all securities
transactions entered into outside of the Service unless you have
instructed us otherwise.
(vi) Termination/Amendment of the Service. If your investment
needs or goals change, you may discontinue your enrollment in
the Service online by selecting “Help & Support” or by contacting
your financial advisor, a Merrill Financial Solutions Advisor or an
Investment Center representative at any time. Termination will be
effective with respect to the first dividend having a record date
the right to amend or terminate the Service, in whole or in part at
any time. Changes to your investment holdings, including changes
you may not have initiated, can result in changes or termination of
the Service with respect to such holdings and require action on
your part to re-initiate the Service. You will be notified in advance
of any material amendment that may impact your investments or
termination of the Service.
(vii) Tax. We recommend that you consult a tax advisor to
determine what effect, if any, participation in the Service may
have on your tax situation.
(viii) Other. Your enrollment in the Service is optional. We have not
made any recommendation that you should enroll in the Service
and we are not recommending or offering any advice regarding
the purchase of any investment included as an eligible
investment in the Service. You understand that reinvesting your
dividends does not assure profits on your investments, nor does it
protect against losses in declining markets.
Merrill Lynch, Pierce, Fenner & Smith Incorporated (also referred to as “MLPF&S” or “Merrill”) makes available certain investment products
sponsored, managed, distributed or provided by companies that are affiliates of Bank of American Corporation (BofA Corp.). MLP&S is a registered
brokerdealer, registered investment advisor, Member SIPC and a wholly owned subsidiary of BofA Corp.
Banking products are provided by Bank of America, N.A., and affiliated banks, Members FDIC and wholly owned subsidiary of BofA Corp.
Investment products:
Are Not FDIC Insured Are Not Bank Guaranteed May Lose Value
Unless otherwise noted, all tradema rks are the property of Bank of America Corporation.
© 2020 Bank of America C orporation. All rights reserved.
472079PM-0621
Trusted Contact Person Form
MerrillLynch, Pierce, Fenner & Smith Incorporated (“Merrill) encourages you to designate a trusted contact person by completing this form.
What is a trusted contact person?
A trusted contact person(s) is an individual (age 18 or older) identified by you, whom Merrillcould contact and disclose information about
your account:
to address possible financial exploitation;
to confirm specifics of your current contact information, health status, or the identity of any legal guardian, executor, trustee,
or holder of a power of attorney; or
as otherwise permitted by Financial Industry Regulatory Authority Rule 2165 (Financial Exploitation of Specified Adults).
What if you previously completed a Contact Authorization Form?
Merrillpreviously made available a Contact Authorization Form, which was similar to the Trusted Contacted Person Form. If you completed
a Contact Authorization Form, Merrillwill treat the contact person(s) you designated as your Trusted Contact Person(s). If you wish to
add, update or remove a previously named contact person(s), please complete and return the Trusted Contact Person Form to the address
noted below.
How do you add a trusted contact person?
For faster service, this form can be completed electronically by signing into your account on merrilledge.com.
or
Please complete this form and fax to 866.994.7807 or mail to:
Merrill
P.O. Box 29002
Ho
t Springs, AR 71903
(Please retain a copy of this form for your records.)
If you have questions or would like help completing the form,
please call the Investment Center at 877.653.4732.
MerrillLynch, Pierce, Fenner & Smith Incorporated (also referred to as “MLPF&S” or “Merrill”) makes available certain investment
products sponsored, managed, distributed or provided by companies that are affiliates of BankofAmerica Corporation (“BofACorp.”).
MLPF&S is a registered broker-dealer, registered investment adviser, Member SIPC and a wholly owned subsidiary of BofACorp.
Investment products:
Are Not FDIC Insured Are Not Bank Guaranteed May Lose Value
page 1 of 2
Trusted Contact Person Form
Please accept this document as instruction to add a trusted contact person(s) to the following 8-digit Merrill® Account Number and all
other accounts at Merrill® for which I am either account owner or an authorized person.
Name of account owner Mr. Mrs. Ms. Dr. Suffix: Sr. Jr. Merrillaccount number:
(first, middle and last)
A trusted contact person(s) is an individual (age 18 or older) identified by you, whom Merrillcould contact and disclose information about
your account:
to address possible financial exploitation;
to confirm specifics of your current contact information, health status, or the identity of any legal guardian, executor, trustee,
or holder of a power of attorney; or
as otherwise permitted by Financial Industry Regulatory Authority Rule 2165 (Financial Exploitation of Specified Adults).
Primary Trusted Contact Person Information
Name of trusted contact person
(first, middle and last)
Street address
Mr. Mrs. Ms. Dr. Suffix: Sr. Jr.
City State ZIP
Relationship (e.g., spouse, child, holder of my power of attorney, lawyer, accountant, etc.)
Work phone
Home phone
Mobile phone
Email
Alternate Trusted Contact Person Information
Name of trusted contact person
(first, middle and last)
Street address
Mr. Mrs. Ms. Dr. Suffix: Sr. Jr.
City State ZIP
Relationship (e.g., spouse, child, holder of my power of attorney, lawyer, accountant, etc.)
Work phone Home phone
Mobile phone
Email
I understand that (1) I may designate multiple trusted contact persons (use additional copies of this form); (2) Merrillis not required
to contact my trusted contact person(s) but may at their discretion contact one or more of the people I have designated as trusted
contact person(s); (3) the completion of this form is optional and I may withdraw it at any time by notifying Merrillin writing
(use Merrilladdress as shown on the previous page or Merrilladdress shown on account statement). If I would like to change my trusted
contact person, I may do so by providing Merrillwith a newly signed Trusted Contact Person Form with the box checked below to
indicate that the new form supersedes any previous form(s).
Check here if this Trusted Contact Person Form supersedes previous Trusted Contact Person Form(s)
Signature
Printed name Date
Signature of client Date
© 2021 Bank of America Corporation. All rights reserved. | SHEET-01-21-2636 | 09/2021 470939PM-EDGE
page 2 of 2
U.S. Consumer Privacy NoticeU.S. Consumer Privacy Notice
Reasons we can share your personal information
Does
Bank of America
share?
Can you limit
this sharing?
For our everyday business purposes such as to process your transactions, maintain your
account(s), respond to court orders and legal investigations, or report to credit bureaus
Yes No
For our marketing purposes with service providers we use to offer our products and services
to you (please see below to limit the ways we contact you)
Yes No
For joint marketing with other financial companies Yes No
For our affiliates’ everyday business purposes information about your transactions
and experiences
Yes No
For our affiliates’ everyday business purposes information about your
creditworthiness
Yes Yes
For nonaffiliates to market to you for all credit card accounts Yes Yes
For nonaffiliates to market to you for accounts and services endorsed by another
organization (e.g., debit card co-branded with a baseball team) “Sponsored Accounts”
Yes Yes
For nonaffiliates to market to you for accounts other than credit card accounts and
Sponsored Accounts, such as insurance, investments, deposit and lending
No We don’t share
To limit
our sharing
Visit us online: bankofamerica.com/privacy
Call 888.341.5000 our menu will prompt you through your choices
Talk to your assigned financial advisor
Please note: If you are a new customer, we can begin sharing your information 45 days from the date we
sent this notice. When you are no longer our customer, we continue to share your information as described
in this notice. However, you can contact us at any time to limit our sharing.
To limit
direct
marketing
contact
Visit us online: bankofamerica.com/privacy
Call 888.341.5000 our menu will prompt you through your choices
Talk to your assigned financial advisor
Please note: Direct marketing is email, postal mail and telephone marketing. Your telephone and postal mail
opt-out choices will last for five years, subject to applicable law. Even if you limit direct marketing, we may
still contact you to service your account or as otherwise allowed by law.
Questions?
Call 888.341.5000 or go to bankofamerica.com/privacy
FACTS
WHAT DOES BANKOFAMERICA DO
WITH YOUR PERSONAL INFORMATION?
Why?
Financial companies choose how they share your personal information. Under federal law, that means personally
identifiable information. Federal law gives consumers the right to limit some but not all sharing. Federal law
also requires us to tell you how we collect, share, and protect your personal information. Please read this notice
carefully to understand what we do.
What?
The types of personal information we collect and share depend on the product or service you have with us.
This information can include:
Social Security number and employment information
account balances, transaction history and credit information
assets and investment experience
How?
All financial companies need to share customers’ personal information to run their everyday business. In the
section below, we list the reasons financial companies can share their customers’ personal information; the
reasons Bank of America chooses to share; and whether you can limit this sharing.
Rev. 01/2022
Page 2
Definitions
Affiliates
Companies related by common ownership or control. They can be financial and nonfinancial
companies.
Our affiliates include companies that utilize the names BankofAmerica, BancofAmerica, U.S. Trust
or Merrill.
Nonaffiliates
Companies not related by common ownership or control. They can be financial and nonfinancial
companies.
Nonaffiliates we share with can include financial services companies such as insurance
agencies or mortgage brokers, nonfinancial companies such as retailers, travel companies
and membership groups; and other companies such as nonprofit groups.
Joint marketing
A formal agreement between nonaffiliated financial companies that together market financial
products or services to you.
Our joint marketing partners include financial services companies.
Other important information
Do Not Call Policy. This notice is the Bank of America Do Not Call Policy under the Telephone Consumer Protection Act. We do
not solicit via telephone numbers listed on the state or federal Do Not Call lists, unless the law allows. BankofAmerica employees
receive training on how to document and process telephone marketing choices. Consumers who ask not to receive telephone
solicitations from Bank of America will be placed on the Bank of America Do Not Call list and will not be called in future campaigns,
including those of Bank of America affiliates.
Call Monitoring and Recording. If you communicate with us by telephone, we may monitor or record the call.
For Nevada residents only. We are providing you this notice under state law. You may be placed on our internal Do Not Call List
by following the directions in the To limit direct marketing contact section. Nevada law requires we provide the following contact
information: Bureau of Consumer Protection, Office of the Nevada Attorney General, 555 E. Washington St., Suite 3900, Las Vegas,
NV 89101; Phone number: 702.486.3132; email: aginfo@ag.nv.gov; Bank of America, P.O. Box 25118, Tampa, FL 33622-5118; Phone
number: 888.341.5000; Click on “Contact Us” at bankofamerica.com/privacy.
Vermont: Under Vermont law, we will not share information we collect about Vermont residents with companies outside of our
corporate family, unless the law allows. For example, we may share information with your consent, to service your accounts or under
joint marketing agreements with other financial institutions with which we have joint marketing agreements. We will not share
information about your creditworthiness within our corporate family except with your consent, but we may share information about our
transactions or experiences with you within our corporate family without your consent.
Who we are
Who is providing
this notice?
Bank of America U.S. legal entities that utilize the names: BankofAmerica, BancofAmerica,
U.S. Trust or Merrill, as well as the entities listed in the BankofAmerica U.S. legal entities section.
What we do
How does
Bank of America
protect my personal
information?
To protect your personal information from unauthorized access and use, we use security measures
that comply with federal law. These measures include computer safeguards and secured files and
buildings. For more information, visit bankofamerica.com/security or ml.com/security.
How does
BankofAmerica
collect my personal
information?
We collect your personal information, for example, when you:
open an account or perform transactions
apply for a loan or use your credit or debit card
seek advice about your investments
We also collect your personal information from others, such as credit bureaus, affiliates, or
other companies.
Why can’t I limit
all sharing?
Federal law gives you the right to limit some but not all sharing related to:
affiliates’ everyday business purposes information about your creditworthiness
affiliates from using your information to market to you
nonaffiliates to market to you
State laws and individual Bank of America companies may give you more rights to limit sharing.
See Other important information section for your rights under state law.
What happens when
I limit sharing for an
account I hold jointly
with someone else?
Your choices will apply to you alone unless you tell us otherwise. However, your choice to limit sharing
with nonaffiliates to market to you for credit card accounts or Sponsored Accounts will apply to all
joint account holders. If you have more than one credit card account or Sponsored Account and you
choose to opt out, you will need to do so for each account.
Page 3
00-36-0453NSB
© 2021 Bank of America Corporation l INS-07-21-0179.C PRE-048990
California: Under California law, we will not share information we collect about you with companies outside of BankofAmerica, unless
the law allows. For example, we may share information with your consent, to service your accounts, or to provide rewards or benefits you
are entitled to. We will limit sharing among our companies to the extent required by California law.
For Insurance Customers in AZ, CA, CT, GA, IL, ME, MA, MN, MT, NV, NJ, NC, OH, OR and VA only. The term “Information
in this part means customer information obtained in an insurance transaction. We may give your Information to state insurance
officials, law enforcement, group policy holders about claims experience or auditors as the law allows or requires. We may give
your Information to insurance support companies that may keep it or give it to others. We may share medical Information so we
can learn if you qualify for coverage, process claims or prevent fraud, or if you say we can. To see your Information, write Insurance
Operations, FL9-805-03-12, 4800 Deer Lake Drive East, Jacksonville, FL 32246. You must state your full name, address, the
insurance company, policy number (if relevant) and the Information you want. We will tell you what Information we have. You may
see and copy the Information (unless privileged) at our office or ask that we mail you a copy for a fee. If you think any Information is
wrong, you must write us. We will let you know what actions we take. If you do not agree with our actions, you may send us
a statement.
BankofAmerica U.S. legal entities
Bank of America U.S. legal entities that utilize the names: Bank of America, Banc of America, U.S. Trust or Merrill, and the entity
Managed Account Advisors LLC.
Federally Required Affiliate Marketing Notice
YOUR CHOICE TO LIMIT MARKETING
The Bank of America companies listed in this document are providing this notice.
Federal law gives you the right to limit some but not all marketing from all the BankofAmerica affiliated
companies. Federal law also requires us to give you this notice to tell you about your choice to limit marketing
from all the Bank of America affiliated companies.
You may limit all the Bank of America affiliated companies, such as the banking, loan, credit card, insurance and
securities companies, from marketing their products or services to you based upon your personal information that
they receive from other Bank of America companies. This information includes your income, your account history
and your credit score.
Your choice to limit marketing offers from all the Bank of America affiliated companies will apply for at least
5 years from when you tell us your choice. Before your choice to limit marketing expires, you will receive a
renewal notice that will allow you to continue to limit marketing offers from all the BankofAmerica affiliated
companies for at least another 5 years.
You may tell us your choice to limit marketing offers, and you may tell us the choices for other customers who
are joint account holders with you.
This limitation will not apply in certain circumstances, such as when you have an account or service relationship
with the Bank of America company that is marketing to you.
For individuals with business purpose accounts, this limitation will only apply to marketing to individuals and not
marketing to a business.
To limit marketing offers, contact us at 888.341.5000.
Bank of America Companies:
This notice applies to all Bank of America U.S. legal entities that utilize the names:
Bank of America
Banc of America
U.S. Trust
Merrill
These entities include banks and trust companies; credit card companies; brokerage and investment companies; and
insurance and securities companies. In addition, this notice applies to the following Bank of America U.S. companies:
Managed Account Advisors LLC
BAL Energy Holding, LLC
BAL Energy Management II, LLC
BAL Investment & Advisory, Inc.
© 2021 Bank of America Corporation l INS-07-21-0179.H
00-36-0454NSB (01/2022)