PERSONAL
30424 (07/19)
The following Transfer on Death Disclosure Statement shall govern any Transfer
of Death (“TOD”) account established at U.S. Bancorp Investments, Inc.
1. Definitions. In this TOD Disclosure Statement and the TOD Account
Agreement, the following terms shall have the definitions set forth below:
a. “TOD Account” shall mean a Transfer on Death Security Account
established at U.S. Bancorp Investments.
b. “Account Owner” shall mean the one or more persons whose names are
identified as the owner of the account.
c. “Death of the Account Owner” shall mean the death of the sole Account
Owner or the death of the last survivor of multiple Account Owners.
d. “Minnesota Uniform TOD Security Registration Act” shall mean
Minnesota Statutes, Sections 524.6-301 to 524.6-311.
e. “Eligible Security” shall mean any security for which transfer on death
registration is allowed under the provision of the Minnesota Uniform
TOD Security Registration Act and which has been approved for such
registration by U.S. Bancorp Investments.
f. “Designated Beneficiary” shall mean the one or more persons or
entities designated to receive the Eligible Securities in the TOD Account
upon the Death of the Account Owner or the last to die of all multiple
Account Owners.
g. “Contingent Beneficiary” shall mean the one or more persons or entities
designated in the TOD Account Agreement to receive the Eligible Securities
in the TOD Account if none of the Primary Beneficiaries (nor any of their
descendants, if applicable) survives the Account Owner or the last to die of all
multiple Account Owners.
h. “Beneficiary” shall refer to any individual or entity designated in the TOD
Account Agreement to receive the Eligible Securities and shall include
Primary Beneficiaries, Contingent Beneficiaries, and their respective
descendants if applicable.
i. “TOD Account Agreement” shall refer to the U.S. Bancorp Investments
TOD Account Agreement.
j. “Estate of the Account Owner” shall mean the duly appointed domiciliary
executor, administrator, or personal representative of the sole Account Owner
or the last survivor of multiple Account Owners.
k. “TOD Disclosure Statement” shall mean this Transfer on Death
Disclosure Statement.
l. “Descendants” shall mean the children (including legally adopted
children) and more remote lineal descendants of the person whose
descendants are referred to, with the relationship of parent and child
determined at each generation.
by the Account Owner (or by all Account Owners) individually. No attorney-
in-fact, guardian, conservator or other representative of an Account
Owner shall be authorized to establish a TOD Account or to change the
Beneficiary on any TOD Account except by court order or power of attorney
documentation. No TOD Account Agreement shall be effective until it is
accepted by U.S. Bancorp Investments in its principal office.
5. Beneficiaries
a. Any individual or entity may be designated as a Beneficiary.
b. The TOD Account Agreement shall designate the Beneficiary or
Beneficiaries to whom the Eligible Securities in the TOD Account shall be
transferred upon the death of the Account Owner.
c. Owners of joint accounts will always name their Primary Beneficiaries and
Contingent Beneficiaries and may also select right of representation for
any beneficiary. If selecting right of representation for any beneficiary, the
Account Owners must also indicate how many children that beneficiary
has as of the date of signing this document. Beneficiaries will receive the
account assets upon the death of the last surviving Account Owner.
d. The allocation of assets among the Primary Beneficiaries and Contingent
Beneficiaries shall be governed by the terms of the TOD Account
Agreement, as supplemented by the terms and definitions set forth in this
TOD Disclosure Statement.
e. If the TOD Account Agreement designates percentages that equal more
than one hundred percent (100%), the shares of each Beneficiary shall
be reduced proportionately until the total equals one hundred percent
(100%). Similarly, if the percentages equal less than one hundred percent
(100%), the shares of each Beneficiary shall be increased proportionately
until the total equals one hundred percent (100%).
f. If no Beneficiary is designated (or if none of the designated beneficiaries
survives the last surviving Account Owner), the Eligible Securities in
the TOD Account shall be distributed to the estate of the last surviving
Account Owner.
6. Designation of Beneficiaries. The designation of any Beneficiary shall
include the full legal name of the Beneficiary. A designation of the trustee of a
trust as a Beneficiary shall be deemed to include the successor or successors
to the designated trustee.
7. Change of Beneficiaries. Any change in the Beneficiaries shall be
made by all Account Owners or by court order executing and delivering to
U.S. Bancorp Investments a new TOD Account Agreement setting forth the
new Beneficiaries. No such change shall be effective until it is received and
accepted by U.S. Bancorp Investments at its principal office.
8. Revocation by Will. The last surviving Account Owner may revoke a Beneficiary
designation, effective upon the Death of the Account Owner, by specifically
describing the revocation in such Account Owner’s valid Last Will and Testament.
However, the terms of the revocation are not binding on U.S. Bancorp
Investments unless, prior to transfer, it has received written notice at its principal
office from any claimant to an interest in the security objecting to distribution by
U.S. Bancorp Investments of securities pursuant to the terms of the TOD Account
Agreement and the TOD Disclosure Statement. If a Beneficiary designation
is revoked, the percentage of the TOD Account for which no Beneficiary is
designated shall be transferred to the Estate of the Account Owner.
9. Transfer Upon Death of Account Owner. Subject to Paragraph 8, upon the death
of the last surviving Account Owner, the Eligible Securities in the TOD Account shall
be transferred to the Beneficiaries in the manner designated in the most recent
TOD Account Agreement. The allocation of assets among the Beneficiaries shall
be governed by the terms of the TOD Account Agreement as supplemented by the
terms and definitions set forth in this TOD Disclosure Statement. Notwithstanding
any other term of this Agreement, if an Account is pledged to secure a loan
balance, then when the last surviving Account Owner dies, the outstanding loan
balance must be paid in full prior to any distributions to any of the Beneficiaries.
USBI may, in its sole discretion, sell any and all securities or other assets in the
Account to satisfy any outstanding balance on such a secured loan. Neither any
representative of the last surviving Account Owner nor any of the Beneficiaries shall
be entitled to choose which securities or other assets are sold.
m. “By Right of Representation.” Assets distributable to the descendants of a
deceased person “by right of representation” shall be divided into as many
shares as there are surviving children of the deceased person and deceased
children who left descendants who survive the deceased person. Each
surviving child shall receive one share and the share of each deceased child
shall be divided among that child’s descendants in the same manner.
2. Account Owners. A TOD Account may be established only by an individual
or individuals. If more than one individual is named as the Account Owner,
the Account Owners shall hold the Account as joint tenants with rights of
survivorship; multiple Account Owners may not hold the TOD Account as
tenants in common or community property without rights of survivorship.
3. Account Registration. A TOD Account shall be registered in the name of the
Account Owner followed by the letters “TOD.” If multiple beneficiaries it shall
be designated “TOD et al.”
4. Account Agreement. This TOD Agreement shall be subject to the terms of
any of your Customer Agreements with U.S. Bancorp Investments.
A TOD Account shall be established only upon the execution of a TOD
Account Agreement in such form as may be required by U.S. Bancorp
Investments from time to time. The TOD Account Agreement shall be executed
Page 5 of 6
TRANSFER ON DEATH (TOD)
ACCOUNT AGREEMENT AND
DISCLOSURE STATEMENT