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Transfer on Death Agreement - Individual - LPL Financial

Transfer on Death Agreement - Individual - LPL Financial

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<strong>LPL</strong> Account NumberTOD1.Beneficiary <strong>Agreement</strong> and Informati<strong>on</strong> (c<strong>on</strong>tinued)3. In the event that any of the Beneficiaries are minors in the relevant jurisdicti<strong>on</strong> at the time of receipt of notice of my death and you are notified of suchfact, the shares shall be transferred to a custodial account or other fiduciary or guardianship account for the benefit of the minor Beneficiary up<strong>on</strong>receipt of appropriate documentati<strong>on</strong>.4. <strong>LPL</strong> shall be c<strong>on</strong>sidered to be <strong>on</strong> notice of any changes in Beneficiary, my death or other informati<strong>on</strong> regarding my account <strong>on</strong> the date<strong>on</strong> which it receives the required documentati<strong>on</strong> sent by mail, facsimile or other acceptable means. In the case of my death, <strong>LPL</strong> mustreceive a copy of my death certificate and any other documentati<strong>on</strong> required to complete the distributi<strong>on</strong> of the proceeds of my account.5. During my lifetime, the securities in my account are to be registered and held in the name of <strong>LPL</strong> or other street or nominee name.However, if necessary to facilitate delivery or transfer of the securities <strong>LPL</strong> has the right at any time, and without further authorizati<strong>on</strong>,to register the securities held in my account in my name, individually or otherwise, in accordance with transfer agent requirementswithout the names of any of the Beneficiaries there<strong>on</strong>. I understand that such right is necessary as not all issuers, states, transfer agentsor financial instituti<strong>on</strong>s recognize <str<strong>on</strong>g>Transfer</str<strong>on</strong>g> <strong>on</strong> <strong>Death</strong> registrati<strong>on</strong>.6. In the event that any securities or other property in my account cannot, for any reas<strong>on</strong>, be partiti<strong>on</strong>ed and transferred to any of the Beneficiaries, <strong>LPL</strong>shall, to the extent necessary, liquidate those securities or other property and transfer the proceeds of that sale equally am<strong>on</strong>g the Beneficiaries.7. If any Beneficiary hereunder is or becomes my spouse, then the dissoluti<strong>on</strong> of our marriage shall have no effect <strong>on</strong> the designati<strong>on</strong>of Beneficiary unless <strong>LPL</strong> receives notice to the c<strong>on</strong>trary by receipt of a new TOD Account <strong>Agreement</strong>.8. In the event that, up<strong>on</strong> my death, my account reflects a debit balance, <strong>LPL</strong> may liquidate any securities, at its discreti<strong>on</strong>, required tosatisfy that debit prior to distributi<strong>on</strong> of any m<strong>on</strong>ey, securities or other property to the Beneficiary or Beneficiaries.9. <strong>LPL</strong> shall have the right to require executi<strong>on</strong> of further documents by any Beneficiary or the legal representative of any Beneficiary, including but notlimited to, a Margin <strong>Agreement</strong>, prior to any distributi<strong>on</strong> of the m<strong>on</strong>ies, securities or other property in my account.10. I and my estate hereby agree to indemnify and hold <strong>LPL</strong>, its affiliates, directors, officers, agents and employees, and their heirs, executors,administrators, successors and assigns, harmless from any liability to any pers<strong>on</strong> or entity including, but not limited to, the Beneficiary or Beneficiariesand/or my heirs, successors, spouse(s) and offspring, for any acti<strong>on</strong>s taken in opening and maintaining my account, registering my securities or otherproperty, or making the distributi<strong>on</strong>s up<strong>on</strong> receipt of notice of my death, or complying with any term of this <strong>Agreement</strong>.11. <strong>LPL</strong> has no obligati<strong>on</strong> to: locate Beneficiaries; questi<strong>on</strong> or investigate the circumstances of my death as it is reported to them; determine the age or anyother facts about a Beneficiary as per any applicable "Know Your Customer" rules; appoint, if applicable, a custodian or guardian for any minorBeneficiary; locate or notify any spouse(s) children or other heirs of mine up<strong>on</strong> my death; verify the legality of any distributi<strong>on</strong> under the probate, estateand TOD laws of the state where this transacti<strong>on</strong> takes place; or determine which state's law is applicable.12. Arbitrati<strong>on</strong> <strong>Agreement</strong>: Any c<strong>on</strong>troversy between me, the beneficiaries hereunder or my successors, heirs, assigns, children, or spouse(s) and <strong>LPL</strong> shallbe submitted to arbitrati<strong>on</strong> before FINRA. No pers<strong>on</strong> shall bring a putative or certified class acti<strong>on</strong> to arbitrati<strong>on</strong>, nor seek to enforce any pre-disputearbitrati<strong>on</strong> agreement against any pers<strong>on</strong> who has initiated in court a putative class acti<strong>on</strong>; or who is a member of a putative class acti<strong>on</strong> and who hadnot opted out of the class with respect to any claims encompassed by the putative class acti<strong>on</strong> until: (1) the class certificati<strong>on</strong> is denied; (2) the class isdecertified; or (3) the customer is excluded from the class by the court. Such forbearance to enforce an agreement to arbitrate shall not c<strong>on</strong>stitute awaiver of any rights under this agreement except to the extent stated herein.13. Arbitrati<strong>on</strong> of Disputes - DisclosuresThis agreement c<strong>on</strong>tains a predispute arbitrati<strong>on</strong> clause. By signing an arbitrati<strong>on</strong> 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 ofthe arbitrati<strong>on</strong> forum in which a claim is filed.• Arbitrati<strong>on</strong> awards are generally final and binding; a party's ability to have a court reverse or modify an arbitrati<strong>on</strong> award is very limited.• The ability of the parties to obtain documents, witness statements and other discovery is generally more limited in arbitrati<strong>on</strong> than in courtproceedings.• The rules of some arbitrati<strong>on</strong> forums may impose time limits for bringing a claim in arbitrati<strong>on</strong>. In some cases, a claim that is ineligible for arbitrati<strong>on</strong>may be brought in court.• The rules of the arbitrati<strong>on</strong> forum in which the claim is filed, and any amendments thereto, shall be incorporated into this agreement.This <strong>Agreement</strong> c<strong>on</strong>tains an Arbitrati<strong>on</strong> <strong>Agreement</strong> in paragraphs 12 and 13 hereof. I acknowledge receiving a copy of this agreement.Client Signature and Certificati<strong>on</strong>I hereby revoke all former beneficiary designati<strong>on</strong>s and hereby designate the beneficiary(ies) listed above. I hereby certify that I understand the effect ofthese designati<strong>on</strong>s, and have c<strong>on</strong>sulted with a qualified tax adviser or estate-planning attorney with any questi<strong>on</strong>s I may have.Account Owner Signature Account Owner Name (print) DateMember FINRA/SIPCF75-CTD-1113Page 2 of 2

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