I/we have been advised and understand that non-deposit products (stocks, bonds, mutual funds, unit investment trusts, fixed and variable annuities, and insurance products), offered by Bache Standard Capital.
1. Are not insured or guaranteed by the Federal Deposit Insurance Corporation (FDIC), NCUA, or any other government agency (with the exception of brokered CDs). Furthermore, non-deposit products.
2. Are not deposits of this institution.
3. Are not obligations of, or guaranteed by this financial institution.
4. And may involve investment risks, including the potential loss of principal. I am aware that there are fees associated with the purchase or sale of mutual funds and/or annuities, and a copy of such prospectus has been provided to me. I/we understand that this financial institution may not condition the extension of credit on my purchase of an insurance product or annuity from this financial institution or one of its affiliates and that this financial institution may not prohibit me from purchasing an insurance product or annuity from an unaffiliated entity.
1. I/we have the required legal capacity and am/are authorized to enter into this agreement. I/we may terminate it at any time by delivering written notice of termination to you, and you may terminate it at any time by delivering written notice of termination to me/us.
2. I/we acknowledge that I/we have been informed that Bache Standard Capital, has entered into a clearing agreement with various clearing houses, which specifies the functions and responsibilities of Bache Standard Capital, with respect to certain matters affecting my/our account, and that a description of that agreement is available upon my/our written request.
3. I/we understand and agree that any telephone conversation with you may be recorded for accuracy.
4. In the event I/we become indebted to you in the course of operation of this account, I/we agree that I/we will repay such indebtedness upon demand. I/we agree that, if after demand I/we fail to pay the indebtedness, you may freeze/block my (our) account until such time an amount sufficient to pay my/our indebtedness has been paid including any penalties, interest and legal fees incurred.
5. I/we agree, when placing sell orders, to designate whether each order is from a short position or long position, and authorize you to mark each order accordingly. If you do not already hold securities designated for long accounts when the order is placed, I/we agree to deliver such securities in good form to you on or before the settlement date for the order. If I/we do not fulfil this agreement, or if you are unable to settle any other transaction by reason of my/our failure to make payment or deliver securities in good form, I/we authorize you to take all steps necessary to complete the transaction, and I/we will reimburse you for all costs, losses or liabilities you incur.
6. I/we appoint you as my/our agent for the purpose of carrying out my/our directions with respect to the purchase or sale of securities. To carry out your duties, you are authorized to open or close brokerage accounts, place and withdraw orders, receive copies of confirmations and statements of account and take such other steps as are reasonable to carry out my/our directions.
7. If this is a joint account, it shall be held by us jointly with rights of survivorship (payable to either or the survivor of us), unless we notify you otherwise and provide such documentation as you require. Each joint tenant irrevocably appoints the other as attorney-in-fact to take all action on his or her behalf and to represent him or her behalf and to represent him or her in all respects in connection with this Agreement. You shall be fully protected in acting upon the instructions by either or both of us.
8. You shall not be liable for loss caused directly or indirectly by war, natural disasters, government restrictions, exchange or market rulings or other conditions beyond your control.
9. The reasonable costs of collection of the debit balance and any unpaid deficiency in my/our accounts, including attorney's fees incurred by you, shall be reimbursed by me/us to you.
10. I/we understand that all open orders may be reviewed after 30 days. In the event that you are unable to confirm with me/us that the order is still good, you may, at your discretion, cancel it.
11. I/we understand that Bache Standard Capital is a trademark of Bache Standard Capital.
12. I/we agree that this Agreement shall be governed by and interpreted in accordance with international law, excluding its conflicts of law rules.
13. I/we acknowledge and agree that this agreement contains a pre-dispute 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 their award.
- The panel of arbitrators will typically 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.
I/we agree, and by carrying an account for the customer, Bache Standard Capital, agrees, that all controversies which may arise between the parties concerning any transaction or construction, performance, or breach of this or any other agreement between us pertaining to securities and other property, whether entered into prior, on or subsequent to the date hereof, shall be determined by arbitration. Any arbitration under this agreement shall be conducted pursuant to the Federal Arbitration Act and International Law, the National Association of Securities Dealers, Inc., or the Municipal Securities Rulemaking Board and in accordance with the rules of the selected organization. The Customer may elect in the first instance where arbitration shall be made, but if the client fails to make such election by registered letter or telegram addressed to Bache Standard Capital, at their main address, before the expiration of ten days after receipt of a written request from Bache Standard Capital, to make such election, then Bache Standard Capital, may make such election. The award of the arbitrators, or of the majority of them, shall be final, and judgment upon the award rendered may be entered and enforced in any court, state or federal, having jurisdiction. No persons shall bring a punitive or certified class action to arbitration, nor seek to enforce any pre-dispute arbitration agreement against any person who has initiated in court a punitive class action; or who is a member of a punitive class who has not opted out of the class with respect to any claims encompassed by the punitive class action until:
- The class certification is denied.
- The class is decertified
- 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. I/we understand that complaints, not requesting resolution through arbitration, may be directed to Bache Standard Capital, main address.
14. I/we are aware that this account is subject to the Bache Standard Capital schedule of fees, a copy of which is available upon my request.
15. I/we understand that, under the Federal Fair Credit Reporting Act, I/we have the right to notify you if I/we believe you have inaccurately reported information about my/our account to a consumer reporting agency. I/we understand that under no circumstances will Bache Standard Capital, sell, share or otherwise provide my/our personal information to any non-affiliated third party entity. I/we acknowledge disclosure to me/us that an investigative consumer report, including information as to my/our creditworthiness, insurance and credit standing, credit capacity, character, general reputation, personal characteristics, and mode of living will be conducted. I/we have initiated this transaction and have been advised that I/we have the right, upon written request within a reasonable time after having received this disclosure, to complete and accurate information on the nature and scope of the inquiry, if one is made, and to a written summary of the rights of the consumer under the Fair Credit Reporting Act with any disclosure from a consumer reporting agency. I/we understand any such requests, notices, or inquiries should include my/our names(s), current address(es), social security number(s), telephone number(s), and account number, and, in the case of information I/we believe inaccurately reported, the specific item of dispute.
16. I/we understand that my/our request should be sent to Bache Standard Capital, office, and should be mailed in a separate envelope and not included with any other correspondence. I/we understand that, except to the extent required by applicable law, these Fair Credit Reporting Act disclosures do not apply to business to business or commercial transactions.