Case File
sd-10-EFTA01324858Dept. of JusticeOtherEFTA Document EFTA01324858
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Unknown
Source
Dept. of Justice
Reference
sd-10-EFTA01324858
Pages
34
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0
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Summary
Signature Page Summary SSOCESVLOOS9 0 3 Montpelier Trust Account Number and Description RMA Domestic - Trust RMA Domestic - Trust RMA Domestic - Trust Package ID: 0265007453 Signature Requirement Client Relationship Agreement Client Relationship Agreement Client Relationship Agreement IS 11 i SDNY_GM_02742269 EFTA_00228923 EFTA01324858 Intentionally Left Blank 8108/PUI I. WEI 889 5500 81, SONY_GM_02742270 EFTA_00228924 EFTA01324859 Client Information 0 3 0 Montpelier
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Signature Page Summary
SSOCESVLOOS9
0
3
Montpelier Trust
Account Number and Description
RMA Domestic - Trust
RMA Domestic - Trust
RMA Domestic - Trust
Package ID: 0265007453
Signature Requirement
Client Relationship Agreement
Client Relationship Agreement
Client Relationship Agreement
IS
11
i
SDNY_GM_02742269
EFTA_00228923
EFTA01324858
Intentionally Left Blank
8108/PUI I. WEI 889 5500 81,
SONY_GM_02742270
EFTA_00228924
EFTA01324859
Client Information
0
3
0
Montpelier Trust
Trust Information
Trust Type
Irrevocable Trust
Name
Montpelier Trust
Jurisdiction
US Trust
Date Established
07/31/2018
Name of All Trustees
Christine Yvonne Malina•Maxwell
Jeffrey W. Roberts
Scott Borgerson
Name of All Grantors
Ghislaine Maxwell
Client Contact Information
Residential Address
City, State, Zip Code
Home Phone
E-mail Address
Net Worth Information
Annual Income
Range from $200,000 • $499,999
Liquid Assets (cash and marketable securities)
Range from 410,000,000 AND ABOVE
Net Worth (excluding primary residence)
Range from $10,000,000 AND ABOVE
Federal Marginal Tax Rate
37% and above
You have indicated that you do not derive a substantial amount of your income / wealth (over 50%) from a
country outside of the United States.
155 Seaport Boulevard
ATTN: Nutter McClennen & Fish
LLP
Boston, MA 02210.2698
(617)439 - 2149
jrobertsenutter.com
Investment Information
Years you have held investment accounts
None
Individual Stocks
None
Equities
None
Bonds
None
Futures
None
Options•Buy
None
Options•Sell
None
Knowledge of investments
None
Percentage of total investable assets held at UBS
More than 80%
Affiliations
Affiliated with securities firms or broker/dealer?
No
You have indicated that you are not an employee of UBS AG, its subsidiary or affiliates.
You have indicated that you are not related to an employee of UBS AG, its subsidiary or affiliates.
You have indicated that you are not a control person (Policy-maker, director or 10% shareholder) of a publicly
traded corporation.
LI.5 Federal law reou.yes us
to obtain. verify and record
Informanon Mar xkorthes
each person or emery
MN opens an Account With
K. Witt yOu open an
Account we we ask lot
yOur name. Weer actvess,
date of bah and a tax
rdenhocahon number. such
as a Social Smarty number.
We May aro ask fo see a
daver's Ocense or other
documents that woe allow
us to Identify you.
!IOW& leVlen, and verify at
01 the ViOrMerrOnthat you
prowled rocs when you
opened yOur
.
&Muni //
you have charges,
con'ections ot adafrom,
nouryyOur Manes/Advisor
as soon as pOSOLee.
//you Mete assert uoll,
another person, the net
worth figure here saws
you r pOlOOn Only based
4'04 rnStruCroOnS you
prrosorkd.
fmteltmentitilatticerr
Ms St Man reflects ansmvs
you WOWS Mated to
you, nyeStOlent expenente,
market knowledge and
other assets ands used ro
enSute ow wifestment
teCOMInerldatrOnS are
Suerabre lo' your situation.
3
3
SDNY_GM_02742271
EFTA_00228925
EFTA01324860
(-1
5
Christine Yvonne Malina-Maxwell
Personal Information
Name
Citizenship
Gender
Date of Birth
Marital Status
Client Contact Information
Christine Yvonne Malina•Maxwell
United States
Female
08/16/1950
Married
AL
Residential Address
City, State, Zip Code
Home Phone
E-mail Address
Net Worth Information
You have indicated that you do not derive a substantial amount of your income / wealth (over 50%) from a
country outside of the United States.
5201 Amesbury Drive
Apt 200
Dallas, TX 75206.4307
(510) 316 .9149
cmalinaegmail.com
Investment Information
Years you have held investment accounts
Individual Stocks
Equities
Bonds
Futures
Options-Buy
Options-Sell
Knowledge of investments
Percentage of total investable assets held at UBS
None
Affiliations
Affiliated with securities firms or broker/dealer?
No
You have indicated that you are not an employee of UBS AG, its subsidiary or affiliates.
You have indicated that you are not related to an employee of UBS AG, its subsidiary or affiliates.
You have indicated that you are not a control person (Policy-maker, director or 10% shareholder) of a publicly
traded corporation.
7
None
None
None
None
None
None
You have indicated you have a good understanding
of financial markets and market investments.
U.S. Federal taw requires us
to obtain, verify and record
'Marmorean that identifies
each person or entity
that opens an Account with
us. When you open an
Account, we MY ask for
your name, street address,
date of DM and a tax
identification number, such
as a SocetSeawny number.
we may also ask to see a
drerses license °rather
documents that mean"
us to idenofr you.
Mease review and verify a
of the information that you
provided to us when you
opened your Account. If
you have changes,
correction or acktibbns,
notify your Fwanca,Parisor
as soon as pass0le.
If you share assets wnh
another person, the net
worth figure here shows
your pawn any, based
upon ing/LKOPIS yOu
ptcoded
Inifelinitailakinnitket
This section reflects answers
you proxided related to
your alieStfOarn eXpattelle,
market knowledge and
other assets and is used to
ensure Our investment
recommendations are
swat* for your situation.
1./39PUJJOJUI
4
4
SD NY_GM_02 742272
EFTA_O0228926
EFTA01324861
5
Jeffrey W. Roberts
Personal Information
Name
Citizenship
Gender
Date of Birth
Marital Status
Client Contact Information
Jeffrey W. Roberts
United States
Male
10/20/1977
Married
Residential Address
City, State, Zip Code
Home Phone
E-mail Address
Net Worth Information
You have indicated that you do not derive a substantial amount of your income / wealth (over 50%) from a
country outside of the United States.
5 Settlers Lane
Wenham, MA 01984.1464
(617)439 • 2149
[email protected]
I
I
I
Investment Information
Years you have held investment accounts
12
Individual Stocks
None
Equities
None
Bonds
None
Futures
None
Options-Buy
None
Options-Sell
None
Knowledge of investments
You have indicated you are an experienced investol
in financial markets and market investments.
Percentage of total investable assets held at UBS
None
1
Affiliations
Affiliated with securities firms or broker/dealer?
No
You have indicated that you are not an employee of UBS AG, its subsidiary or affiliates.
You have indicated that you are not related to an employee of UBS AG, its subsidiary or affiliates.
You have indicated that you are not a control person (Policy-maker, director or 10% shareholder) of a publicly
traded corporation.
U.S. Pederaflaw requires us
to obtain, verify and record
'Marmorean that identifies
each person or entity
that opens an Account with
us. When you open an
Account, we MY ask for
your name, street address,
date of beh and a tax
identification minter, such
as a SocetSeawity number.
,le may also ask to see a
&vat's license °rather
documents that wale: kw
us to idenmy you.
Meese renew and verify ale
of the information that you
provided to us when you
opened your Account. If
you have changes,
corrections or addition;
notify your Feancial Akira
as soon as poss0k.
you snare assets noth
another person, the net
worth figure here shows
;our pawn any.. based
upon PUSOLKS/IS you
provided
favelinstatannati0rt:
section reflects answers
you provided related to
your investment experience,
market knoveledge and
other assets and is used to
!acute our investment
recommendations are
suaabk for your situation.
1./39PUJJOJUI
5
SD NY_GM_02742273
EFIA_00228927
EFTA01324862
5
3
Scott Borgerson
Personal Information
Name
Citizenship
Gender
Date of Birth
Marital Status
Client Contact Information
Scott Borgerson
United States
Male
09/03/1975
Single
Residential Address
City, State, Zip Code
Home Phone
E-mail Address
Net Worth Information
You have indicated that you do not derive a substantial amount of your income / wealth (over 50%) from a
country outside of the United States.
36 Beacon Street
Boston. MA 02108.1433
(860) 326 - 8082
[email protected]
I
I
I
Investment Information
Years you have held investment accounts
22
Individual Stocks
None
Equities
None
Bonds
None
Futures
None
Options•Buy
None
Options•Sell
None
Knowledge of investments
Percentage of total investable assets held at UBS
Affiliations
Affiliated with securities firms or broker/dealer?
No
You have indicated that you are not an employee of UBS AG, its subsidiary or affiliates.
You have indicated that you are not related to an employee of UBS AG, its subsidiary or affiliates.
You have indicated that you are not a control person (Policy-maker, director or 10% shareholder) of a publicly
traded corporation.
You have indicated you are an experienced investol
in financial markets and market investments.
None
1
U.S. Federal taw requires us
to obtain, verify and record
Marmorean that identifies
each person or entity
that opens an Account with
us. When you open an
Account, we MY ask for
your name, street address,
date of DM and a tax
identification number, such
as a SocetSeawny number.
ere may also ask to see a
&vat's license °rather
documents that mita:kw
us to idenmy you.
Meese realer/ and verify a
of the information that you
provided to us when you
opened your ACC0Unt. If
you have changes,
correction or admions,
notify your financial Aarisor
as soon as pass0k.
.of yOU share assets wnh
anotherpert.% the net
worth figure here shows
;our pawn any.. based
upon ing/LKOPIS yOu
ptcoded
Amestmtatinfammtiox
This section reflects answers
you provided related to
your emestroent experience,
market knoveredge and
other assets and is used to
ensure our investment
recommendations are
wool* for your situation.
1./39PUJJOJUI
6
6
SDNY_GM_02 742274
EFTA_O0228928
EFTA01324863
(-1
5
Ghislaine Maxwell
Personal Information
Name
Ghislaine Maxwell
Citizenship
United States
Gender
Female
Date of Birth
12/25/1961
Marital Status
Single
Client Contact Information
Residential Address
139A Charles St
Apt 233
City, State, Zip Code
Boston, MA 02114.3252
Mobile
(917) 520 • 3106
-1M
E-mail Address
Employment Information
Employment Status
Employed
Occupation
Other
Occupation Industry
Other
Employer Name
The TerraMar Project
Business Address
116 E 65th Street
City, State, Zip Code
New York, NY 10065 • 7007
Net Worth Information
Annual Income
Liquid Assets (cash and marketable securities)
Net Worth (excluding primary residence)
Federal Marginal Tax Rate
You have indicated that you do not derive a substantial amount of your income / wealth (over 50%) from a
country outside of the United States.
Range from $200,000 - $499,999
Range from $10,000,000 AND ABOVE
Range from $10,000,000 AND ABOVE
37% and above
Investment Information
Years you have held investment accounts
23
Individual Stocks
None
Equities
23
Bonds
23
Futures
7
Options-Buy
12
1
Options-Sell
12
1
Knowledge of investments
You have indicated you are an experienced investor]
in financial markets and market investments.
Percentage of total investable assets held at UBS
Other
Less than 20%
1
Own Home or Rent?
Own
Affiliations
Affiliated with securities firms or broker/dealer?
No
You have indicated that you are not an employee of UBS AG, its subsidiary or affiliates.
U.S. Federal law requires us
to obtain, verify and record
information that identifies
each person or entity
that opens an Account with
us. When you Open an
Account, we ma ask for
your name, street address,
date of DM and a tax
identificatMn number, such
as a SocalSecurity number.
We may also ask 10 see a
derv's license or other
documents that wale:kw
us to idenoh r you.
Neese review and verify a
of the information that you
provided to us when you
opened your Account. if
you have changes,
corrections or addamns,
notify your ManciP Aarisor
assoon as posstle.
llyOu share assets wnh
another person, the net
worth figure here shows
your ()Urban coy. based
upon UettuCksed yOu
pitoded
InITSOntelikdOMIthaft:
This section reflects answers
you preened related to
your aliettMen expettemo,
market knowledge and
other assets and is used to
ensure Our mereeffeent
feCOMMendatiOnS ate
Waal* for your situation.
1./39PUJJOJUI
7
7
SONY_GM_02 742275
EFIA_00228929
EFTA01324864
UOIWUJJOjUl lUal)
You have indicated that you are not related to an employee of UBS AG, its subsidiary or affiliates.
You have indicated that you are not a control person (Policy-maker, director or 10% shareholder) of a publicly
traded corporation.
UOIMUJJOilli Wall)
8
8
SONY_GM_02742276
EFTA_00228930
EFTA01324865
1 Account Information
RMA Domestic TRUST
Your Account
Account Number
Account Title
Account Address
City, State zip
Cards and Checks for this account, if requested, will
be mailed to this address:
Primary Account Holder
Disclosure of Beneficial Ownership
Y1 45171
Montpelier Trust
155 Seaport Boulevard ATTN: Nutter McClennen & Fish
LLP
Boston, MA 02210.2698
155 Seaport Boulevard
ATTN Nutter McClennen
and Fish LLP
Boston, MA 02210.2695
Montpelier Trust
UBS will not disclose your name, address and security
position to issuers of any securities held in your
Account.
Margin
No
If you did not choose Margin when you opened this account you may ask to establish margin by
contacting your Financial Advisor. You agree that the Margin Agreement in the Completing Your
Account Opening Process package will govern your use of margin in this account and all other
accounts you have now or may open in the future.
Cost Basis Method
First In,First Out
Features and Services
Premier- RMA / BSA
Account Objectives and Risk Profile
Account Risk Profile
Your answers to our profiting questions:
Risk Tolerance
Investment Objective
Risk/Return Objectives
Investment Time Horizon
Short-Term Liquidity Needs
Sweep Account Election
Primary Sweep Fund
Sweep Cap Election
You have indicated that all beneficiaries for this trust are individuals (natural persons) or not-for-profit
organizations.
U.S. Senior Political Affiliation: You have indicated that no account holder, an authorized signatory, beneficial
owner, trustee, power of attorney, or other individual with authority to effect transactions, or any of their
immediate family members or close associates is a Current U.S. Political Official.
Non-U.S. Senior Political Affiliation: You have indicated that no account holder, an authorized signatory,
beneficial owner, trustee, power of attorney, or other individual with authority to effect transactions, or any of
their immediate family members or close associates is a Current or Former non-U.S. Political official or non-U.S.
Religious Group/Organization or SeniorAnfluential representative of a non-U.S. Religious Group/Organization.
Aggressive/Speculative
High Risk
Achieve capital appreciation (emphasis on growth of
capital, not on income)
Higher Fluctuations, Higher Retums
Longer than 10 years (through several market cycles)
No
RMA GOVERNMENT MONEY MARKET FD
No
1
1
1
1
1
1
Source of Funds in the Account
You have indicated the following as the source of
funds for this account:
Other Income Source
transfer
8
C
1
crease ten,en, the milonnaoon
about each& your accounts
and nobly your I' elanetal
Adosor amnethatay if you
have any changes a
carecoons.
For more wfonnabal, Pease
Mier to the U85 OepOSit
Account Sheep Program
DeStIOSureStaternent.
Please note the account tisk
prof* and (Mennen!
OhieCtne below are Speer fit en*
(0 this account OW& accounts
May have afferent account Ask
pro foes and Invetrineni
ObjeCtneS,
Your Account Risk Pro file for
thripanecuto account d defined
Aggressive WASog to accept
AO AO to amok)) and Ash
bo/arAty to seek high 'evens over
erne
Deffereeit accounts may have
clitereet ask prohlet
Your Investment objective
Achieve Capital Appreciation
Investments Seeking growth of
prinopat rathei than the
generation Of income
A soma paYbcat official st
defined as a Presdenra the
President Caboner Metter,
SWIM* Court lessee
member of the !ant Men
Stag Member of Congress ot
a Parfrafrienh Chateperson
Head or Senor Leader of a
Map. r tehre
enjened DOA
a the lie.
9
9
SDNY_GM_02742277
EFTA_00228931
EFTA01324866
Electronic Delivery Features
Electronic Delivery of Shareholder Communications: You have elected to receive shareholder communications
via electronic format in this UBS account. Please refer to Client Relationship Agreement for Terms and
Conditions of this service.
Email Address
sborgersoneme.com
Anticipated Activity
According to our records, you have indicated the following expected activity in your account.
Anticipate depositing funds from third parties into account
No
Anticipate withdrawing from account to pay / transfer to third parties
No
to
I0
SDNY_GM_02742278
EFTA_00228932
EFTA01324867
RMA Domestic TRUST
Your Account
Account Number
Account Title
Account Address
City, State zip
Cards and Checks for this account, if requested, will
be mailed to this address:
Primary Account Holder
Disclosure of Beneficial Ownership
Y1 45172
Montpelier Trust
155 Seaport Boulevard ATTN: Nutter McClennen & Fish
LLP
Boston, MA 02210-2698
155 Seaport Boulevard
ATTN Nutter McClennen
and Fish LLP
Boston, MA 02210-2695
Montpelier Trust
UBS will not disclose your name, address and security
position to issuers of any securities held in your
Account.
Margin
No
If you did not choose Margin when you opened this account, you may ask to establish margin by
contacting your Financial Advisor. You agree that the Margin Agreement in the Completing Your
Account Opening Process package will govern your use of margin in this account and all other
accounts you have now or may open in the future.
Cost Base Method
First Infirst Out
Features and Services
Premier- RMA / BSA
Account Objectives and Risk Profile
Account Risk Profile
Your answers to our profiling questions:
Risk Tolerance
Investment Objective
Risk/Return Objectives
Investment Time Horizon
Short-Term Liquidity Needs
Sweep Account Election
Primary Sweep Fund
RMA GOVERNMENT MONEY MARKET FD
Sweep Cap Election
No
Aggressive/Speculative
High Risk
Achieve capital appreciation (emphasis on growth of
capital, not on income)
Higher Fluctuations, Higher Returns
Longer than 10 years (through several market cycles)
No
You have indicated that all beneficiaries for this trust are individuals (natural persons) or not-for-profit
organizations.
U.S. Senior Political Affiliation: You have indicated that no account holder, an authorized signatory, beneficial
owner, trustee, power of attorney, or other individual with authority to effect transactions, or any of their
immediate family members or close associates is a Current U.S. Political Official.
Non-U.S. Senior Political Affiliation: You have indicated that no account holder, an authorized signatory,
beneficial owner, trustee, power of attorney, or other individual with authority to effect transactions, or any of
their immediate family members or close associates is a Current or Former non-U.S. Political official or non-U.S.
Religious Group/Organization or Senior/Influential representative of a non-U.S. Religious Group/Organization.
Source of Funds in the Account
You have indicated the following as the source of
funds for this account:
Other Income Source
transfer
Pease review Me Information
about each of your accounts
and nogy your financial
Adnsot urvnediatoy if you
have any changes or
corrections.
rot snore information pease
refer to the WS Deposit
'taunt Sweep Program
Disclosure Statement.
Please note de account nit
prof& and inyetment
&vanebelow are speck only
to MS account: other accounts
may base [Afferent account risk
profdes and imestment
pavanes.
Your ACCOunt Risk Profile for
Mrs particular account is defined
M:
Aggressfre wcMng to accept
sigh risk to pomp.? and hgh
vow* ro seek high serums over
Arne
afferent accounts may have
different nsk profiles
row Invetttnent Oblective
Adikve Capital Appreciation
tniestments seeking growth of
prmqoat rather than the
generation of Income.
A server politica, official is
defined as a erepcknt a We
erepdent. °baler Member,
Supreme Court haStiCn
member of the form Chef's
Staff, Member of Congress or
a eadiamenL Chaiiperson
Head a Senor Leader °fa
major reAgious omaneation,
or the tike.
11
II
SDNY_GM_02742279
EFTA 00228933
EFTA01324868
Electronic Delivery Features
Electronic Delivery of Shareholder Communications: You have elected to receive shareholder communications
via electronic format in this UBS account. Please refer to Client Relationship Agreement for Terms and
Conditions of this service.
Email Address
sborgersoneme.com
Anticipated Activity
According to our records, you have indicated the following expected activity in your account.
Anticipate depositing funds from third parties into account
No
Anticipate withdrawing from account to pay / transfer to third parties
No
12
12
SDNY_GM_02742280
EFTA_00228934
EFTA01324869
RMA Domestic TRUST
Your Account
Account Number
Account Title
Account Address
City, State zip
Cards and Checks for this account, if requested, will
be mailed to this address:
Primary Account Holder
Disclosure of Beneficial Ownership
Margin
Y1 45170
Montpelier Trust
155 Seaport Boulevard ATTN: Nutter McClennen & Fish
LLP
Boston, MA 02210-2698
155 Seaport Boulevard
ATTN Nutter McClennen
and Fish LLP
Boston, MA 02210-2695
Montpelier Trust
UBS will not disclose your name, address and security
position to issuers of any securities held in your
Account.
Yes
You have agreed that the Margin Agreement in the Completing Your Account Opening Process
package governs your use of margin in this account and all other accounts you have now or any
accounts that you may open in the future. As described in the Margin Agreement, certain securities
in your Account may be loaned to UBS or to other persons or entities.
Cost Basis Method
First InfitS1 Out
Features and Services
Premier- RMA / BSA
Account Objectives and Risk Profile
Account Risk Profile
Your answers to our profiling questions:
Risk Tolerance
Investment Objective
Risk/Return Objectives
Investment Time Horizon
Short-Term Liquidity Needs
Sweep Account Election
Primary Sweep Fund
RMA GOVERNMENT MONEY MARKET FD
Sweep Cap Election
No
Moderate
Moderate Risk
Produce a combination of income and capital
appreciation
Moderate Fluctuations, Moderate Returns
7 - 10 years
No
You have indicated that all beneficiaries for this trust are individuals (natural persons) or not-for-profit
organizations.
U.S. Senior Political Affiliation: You have indicated that no account holder, an authorized signatory, beneficial
owner, trustee, power of attorney, or other individual with authority to effect transactions, or any of their
immediate family members or close associates is a Current U.S. Political Official.
Non-U.S. Senior Political Affiliation: You have indicated that no account holder, an authorized signatory,
beneficial owner, trustee, power of attorney, or other individual with authority to effect transactions, or any of
their immediate family members or close associates is a Current or Former non-U.S. Political official or non-U.S.
Religious Group/Organization or SeniorAnfluential representative of a non-U.S. Religious Group/Organization.
Source of Funds in the Account
You have indicated the following as the source of
funds for this account:
Other Income Source
transfer
noose review Me Infortnabon
about each of your accounts
and nobly your financial
Adrrsor urvnediatey if you
have any changes or
cotrections.
Far more inforrnation, pease
refer to the WS Deposit
Account Sweep Program
Disclosure Statement.
Please note We account nit
profde and invetment
otrctiee below are speufic only
to the account: other accounts
MW ease [Afferent account risk
works and imestment
otlecnves.
Your Account Risk Profile for
this pommies aCCOvre is defined
as
Moderate liehng to accept
some nsk to principal and tolerate
some '4:eatery to seek higher
rams.
Coftetenraccounts may have
c0 Resent nsk profiles
Your Investment Objective
Produce a Combine:am of
Income and Capital
Apprelialkw Innwments
seeking both thegeneration of
income and growth of pnncipat
in accounts loth COnSenattie
a moderate PA profiler
investment ellbility
considerations help us
Julep* ninths. you maybe
oligtee to Over A Goan
higher ink secunues as a
potion of your poetical,.
These investments offer
adducne damnification.
A senor pokes/ official As
defined as a Prescient or We
Preedent Opener Mater,
SwYMe Cowl Mete
member of the soot Oeets
Staff, Member of Congress or
a Parliament Cheapenon.
Head or Semor Leader °fa
maArrebiOus organeation,
wee tike.
13
13
SDNY_GM_02742281
EFTA_00228935
EFTA01324870
Electronic Delivery Features
Electronic Delivery of Shareholder Communications: You have elected to receive shareholder communications
via electronic format in this UBS account. Please refer to Client Relationship Agreement for Terms and
Conditions of this service.
Email Address
sborgersoneme.com
Anticipated Activity
According to our records, you have indicated the following expected activity in your account.
Anticipate depositing funds from third parties into account
No
Anticipate withdrawing from account to pay / transfer to third parties
No
to
14
SDNY_GM_02742282
EFTA_00228936
EFTA01324871
0
UBS CLIENT RELATIONSHIP AGREEMENT
Terms and Conditions of your current and future Accounts
This Client Relationship Agreement, as well as the Agreements and Disclosures booklet and the
agreements for the products and services offered by UBS, any other agreements and
disclosures that we make available to you and amendments thereto, and any other UBS forms
you sign outlines the terms and conditions of your relationship with us. These documents are
collectively referred to as "Agreement" and incorporated by reference herein and form the
entire agreement between us with respect to your Accounts. Copies of these documents are
available at www.ubs.comlaccountdisclosures
By maintaining your Account(s) at UBS, you agree to the terms and conditions in the
Agreement.
To confirm that our records are accurate, after you open an Account we will send you a record
of the information you provided to us.
Please retain these documents for future reference since they contain important information
regarding your Accounts.
This Agreement applies to all of your Accounts including your existing Accounts and
any Accounts you may open in the future at UBS Financial Services Inc., UBS Financial
Services Incorporated of Puerto Rico or any other introducing broker•dealer that has a clearing
agreement with UBS Financial Services Inc. As a result, some of the information in the
Agreement may not apply to you now.
You may be able to open additional Accounts or add services and features without signing
additional agreements. In such instances, upon approval of your Accounts, features and/or
services, we will confirm your requests in writing and send you any updates or amendments to
the Agreement and any disclosures you have not already received. Any authorization of
features and services you give us will remain in effect until a reasonable time after you notify
us to terminate the feature Of service.
Your initial acceptance of the Agreement and your continued use of your UBS Accounts will
serve as your agreement to the application of the Agreement including any updates and
amendments to all of your Accounts.
The accounts and services we offer may change over time. We may change our Agreement
with you at any time by sending you a written notice of the change, and the changes will be
effective on the date of the notice unless we specify a later date. We also may cease to offer
services at any time without prior notice. Your continued use of your Accounts and our
products and services constitutes your acceptance of the new terms and conditions. if you do
not agree to the terms and conditions, you may cancel the applicable feature or service or
close your Account. All changes by you to the Agreement will become effective only if offered
in writing and signed by us.
Your UBS Accounts do not permit you to engage in certain types of transactions such as those
involving a commodity interest or options, unless and until you complete additional
agreements with us specifically permitting those transactions.
Your Relationship with Us
As a wealth management firm providing services to clients in the United States, UBS Financial
Services Inc. is registered with the U.S. Securities and Exchange Commission (SEC) as a
broker•dealer and an investment adviser, offering both brokerage and investment advisory
services.
When we act as a broker•dealer, we will effect transactions for your brokerage Accounts only as
instructed by you, and neither UBS nor your Financial Advisor will have any discretion over your
Accounts.
When we act as an investment adviser, we have a fiduciary relationship with you under the
Investment Advisers Act of 1940. Separate rules and regulations apply to fiduciaries of
retirement accounts under the Employee Retirement Income Security Act of 1974 (ERISA), or the
Internal Revenue Code of 1986, as amended (Code). Information on whether we have a
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This column contains irnoortant definitions
applicable to ow Agreement with you
We refer to the Client Relationship
Agreement together with all other
agreements and disclosures that we make
available to you, and any amendments, as
our 'Agreement' with you for your
Account.
'Accounts' refers to all securities accounts,
brokerage account. margin accounts,
deposit accounts, or other accounts you
open with UBS Financial Services Inc. or
UBS Financial Services Incorporated of
Puerto Rico now or in the future.
We also refer to the -Completing Your
Account Opening Process" package, which
includes Signature Pages, optional farms
and other required documents.
'Signature Page' includes both the
Signature Page in the Completing Your
Account Opening Process Package and the
Account Application and Agreement
Signature Page.
Please have at named account holders sign
the Signature Page and return it to us.
"Yoe your and "yours' refer to you as a
client of UBS. 'UBS," "we," -us,"our" and
"ours" refer to UBS Financial Services Inc.
and unless we indicate othenvise in this
Agret.(... it, its successor firms, subsidiaria
correspondents and Affiliates, including its
parent company, UBS AG.
'Affiliates' refers to UBS Financial Services
hiwrpurated of Puerto Rico (whkh clears
through UBS Financial Services Inc.), UBS
Bank USA UBS Credit Corp., and their
insurance agency affiliates and subsidiaries
and at other subsidiaries and affiliates.
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fiduciary relationship to your retirement accounts under ERISA or the Code in your brokerage or
advisory accounts and other important disclosures are provided at
www.ubs.comketirementolandisclosures. Your Financial Advisor will provide a paper copy of
this information to you at no charge upon request. Please also review the Conducting Business
with UBS section in the Agreements and Disclosures Booklet.
Representations
By your signature agreeing to this Client Relationship Agreement and/or your maintaining
Account(s) at UBS, you make the following representations:
•
You are at least 18 years old or have reached the age of majority according to the
laws of the jurisdiction in which you reside and the laws of the State of New York.
•
You have notified us, as required by law, if you, your spouse, your immediate family
or any beneficial owner of the Account(s) are Of become employed by or affiliated
with any of the following: a member firm of FINRA or other exchange, Of securities
or commodities exchange, self•regulatory organization, financial institution or any
of their affiliated organizations or UBS's independent auditor. You agree to notify
us promptly of any changes. You agree that UBS may provide duplicate account
statements or confirmations to such entity.
•
You and any other individuals who sign on behalf of the named account holder
have the authority to open the Account and effect all transactions and other
investments for the Account. If you sign the Client Relationship Agreement as a
guardian, executor, trustee or on behalf of an entity, you further represent that you
have the authority to execute such an Agreement. If we receive conflicting or
inconsistent instructions from any persons authorized on the Account, you agree
that we may refrain from taking any action with respect to the Account until the
conflict is resolved, as determined in our sole discretion.
•
If you are an entity, that the entity is duly authorized to conduct business in the
jurisdiction from which it transacts business.
•
No one other than you, and the individuals identified to UBS in connection with the
opening of the Account, has or will have an interest in your Account unless you
notify us in writing and UBS Financial Services Inc. agrees to continue to carry the
Account.
•
All of the personal and financial information you have provided to UBS is true and
accurate, and you will notify UBS promptly of any material changes, particularly the
information regarding your residence, financial situation, investment objectives or
tax status.
•
You understand that UBS provides financial and investment services only and does
not provide legal or tax advice.
•
You represent that all reporting and tax associated obligations, including
compliance with foreign investment and exchange control rules, have been and will
continue to be fulfilled by you and all beneficial owners in the relevant jurisdictions,
as applicable, with respect to any assets deposited or held in the Accounts.
•
If you are acting as executor, trustee, conservator, guardian, custodian or other
fiduciary such as an employer of an employer•sponsored SEP or SIMPLE Plan.
—
You understand that you are a fiduciary on behalf of the beneficial owners of
the Account(s) and that you have a duty to use the services and features
provided through the Account for the benefit of the beneficial owners of the
Account and not for your own benefit.
You acknowledge that you will make an independent determination that any
activity in the Account is suitable, complies with any investment restrictions or
guidelines under applicable law and is appropriate for the beneficial owners
and that the compensation we receive is reasonable.
You will not use the UBS Account statement as a substitute for any accounting
or other information you are required to send to the principal, grantors,
beneficial owners or to others.
I I you have received a Comple6ng Your
Account Opening Process Package, please
review and vedfy the information about
you and your Accounts. If you have
questions changes or corrections, please
call your Financial Advisor.
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Fees and Charges
As a client of UBS, you agree to pay all fees and charges relating to your Accounts for any
transactions or services you receive from us, such as annual service fees, brokerage fees for
securities transactions, fees for specific services you request, IRA custodial account fees and
fees or charges by a third party that we incur in the course of providing services to you.
All fees and charges are subject to change at any time. Fees and charges will be charged to
your Accounts and may be satisfied, along with any other amounts you owe us, from free
credit balances, margin and other assets in any of your Accounts. We may sell assets in your
Account to satisfy debit balances for any amounts due, including those resulting from unpaid
fees and charges.
Joint Accounts
For joint accounts, each person or entity named on the Account has full power and authority
over the Account, and the account holders are jointly and severally liable for all obligations
with respect to the Account. Please refer to the "Joint Accounts" section of the General Terms
and Conditions of the Agreements and Disclosures booklet for more information about the
terms and conditions that apply to joint accounts.
Intemationa/Accounts
Please note that not all products and services are available in all countries and may be changed
from time to time.
In connection with a certification regarding purchases made in reliance on Regulation S,
induding off-shore mutual fund purchases, the definition of a U.S. Person is: 1) any resident of
the United States; 2) any partnership or corporation organized in or under the laws of the
United States; 3) any estate or trust in which the executor, administrator or trustee is a U.S.
person andfor if the income from the estate or trust is subject to U.S. federal income taxation
(regardless of the source of the income); 4) any corporation, partnership, estate, trust or other
entity that is directly or indirectly controlled by one or more of the above categories of U.S.
Persons; 5) any agency or branch of a foreign entity that is located in the U.S.; 6) any
non•discretionary account (other than an estate or trust) held by a dealer or other fiduciary for
the benefit or account of a U.S. Person; 7) any discretionary account (other than an estate or
trust) held by a dealer or fiduciary that is a U.S. Person, not induding those held for the benefit
of a non•U.S. Person; 8) certain partnerships or corporations that are organized or
incorporated under the laws of any non•U.S. jurisdiction that have formed principally for the
purpose of investing in securities not registered under the U.S. Securities Act of 1933; and 9)
any other person or entity considered a U.S. Person for purposes of Regulations under the U.S.
Securities Act of 1933.
Individual Retirement Accounts
The Agreements and Disclosures booklet contains the UBS IRA Custodial Agreements and the
IRA Disclosure Statements that apply to any Traditional, Roth, SEP or SIMPLE Individual
Retirement Accounts (IRAs) you open with us now or in the future. If we make changes to the
U8S IRA Custodial Agreement and the IRA Disclosure Statement, we will notify you of the
updates and you agree to be subject to those updated terms and conditions.
According to the UBS IRA Custodial Agreements, UBS Financial Services Inc. is named as the
custodian of your IRA when we accept the Account.
Beneficiaries must be named in writing. You may apply your written beneficiary designation to
your future IRA accounts, and in that case, we will confirm your designation. If you do not
designate beneficiaries, or your beneficiary designation does not effectively dispose of the
assets, your beneficiary with respect to the IRA or any part of the IRA not effectively disposed
of, will be your surviving spouse, or your estate if you do not have a surviving spouse. If you
designate a spouse as your beneficiary, the subsequent divorce or termination of the marriage
will automatically revoke the designation. You can designate your former spouse as
beneficiary by completing a new change of beneficiary form.
If your IRA account is funded via transfer from another financial institution, you represent that
all transfers to such Account originate from: (1) an IRA in the same name and of the same type
(e.g. traditional, Roth); (2) an inherited IRA in the same name and of the same type; or (3) a
qualified plan account that you were entitled to rollover to an IRA.
Please refer to the Fees and Charges
section of the Agreements and Disclosures
booklet and the Understanding our fees.
charges and other compensation brochure
which is available at
mime. ubs.corrilaccountdrsclosures for more
information about fees and charges. If you
have questions, please contact your
Financial Advisor.
The features and fees of your International
Resource Management Account are more
fwly described in the Agreements and
Disclosures booklet.
The features and fees of your IRA are full),
described in the Agreements and
Disclosures booklet.
Please note: UBS does not extend margin
for Individual Retirement Accounts.
Empbyers with a SEP IRA or SIMPLE IRA
plan for their businesses must sign a
separate plan document. We accept any
approved plan documents, known as
prototypes, whether they were produced
by 1.185, an IRS model or a document from
another provider. If you would like to use a
UBS prototype, please ask fora cow of the
SEP IRA Plan or SIMPLE IRA Plan prototype
document from your UBS Financial Advisor.
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You agree that if you roll over assets of a qualified plan to a UBS IRA now or in the future, you
are responsible for reviewing the options available and evaluating the investment and
non-investment considerations (including fees and costs of a UBS IRA) described in the
Agreements and Disclosures Booklet and for making an independent decision with respect to
whether or not to rollover qualified plan assets to a UBS IRA.
Insurance-Only Accounts
We offer non-brokerage accounts to maintain or permit the purchase of insurance
products and services ("Insurance Accounts"). If you open an Insurance Account, you will
not have access to UBS brokerage account features including bank sweeps and trading
ability. By signing the Signature Page for your non-brokerage insurance account, you
accept the Client Relationship Agreement and the other documents referred to here, and
as a result, you may be able to open brokerage accounts with us in the future without
having to sign additional agreements.
Trustee Certification and Agreement
Representation of a Trust Agreement in Effect
For trust accounts, each Trustee certifies, represents and warrants that the trust to which this
certification applies is in full force and effect and that the information you have supplied to
UBS is true and accurate, as we rely on that information to service your Accounts.
Unless we are updated subsequently by the trustees, UBS will rely on this certification, which
includes the information you provide on the Signature Page or a separate Trustee Certification,
to service your Accounts and Accounts you may open in the future for the same trust. In this
Trustee Certification and Agreement, you agree that:
•
Each trustee (or a corporate officer if the trustee is a corporate trustee) agrees to
this Trustee Certification and Agreement.
•
You have full power under the trust agreement and applicable law to submit valid
orders and other instructions relative to the trust Account(s).
•
The trust agreement authorizes you to make distributions and transfers from the
trust including transfers to the trustee(s).
•
You have received the Agreement and agree to be bound by those terms and
conditions for all Accounts opened on behalf of the trust.
•
As trustee(s), you have broad investment powers under the trust and applicable
law. You have noted any restrictions on your power as trustee(s) on the Signature
Page for the first trust account you open or on a separate Trustee Certification, and
agree that the powers and restrictions listed are accurate and complete.
Trustee's Ability to Bind the Trust
Unless you indicate otherwise on the Signature Page or on a separate Trustee Certification, you
agree that any individual trustee may independently exercise any of the trust's powers. This
means that UBS is authorized to take instructions from and accept any document on behalf of
the trust (including but not limited to agreements to arbitrate all disputes involving the trust
account) signed by any one of the trustees. You agree that UBS may, in its discretion, require
the joint anion of all trustees whenever UBS deems such joint action to be necessary or
appropriate.
In this UBS Trustee Certification and Agreement, you agree that:
•
Unless you have noted otherwise, you have the authority to pledge, mortgage,
assign or subject to a security interest or lien in favor of UBS, any property of the
trust as security for any liability of the trust or third parties (in each case, with no
limitations as to amount).
•
You have the authority under the trust agreement and applicable law to execute
any and all relevant documents and bind the trust to any agreements entered into
with respect to such activities.
The -UBS Client Relationship Agreement',
plus the additional intonation, terms and
conditions, and disclosures pertaining to
the accounts and services you have
requested UBS to establish for the Trust.
govern the overall relationship between the
Trust and OBS.
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You understand that, if you have requested margin privileges on behalf of
the trust UBS holds securities in margin•eligible trust accounts as a lien
against the amounts borrowed by the trust, and you agree to maintain
sufficient collateral in the account to meet margin calls we might issue.
Trustee's Acknowledgement
In this UBS Trustee Certification and Agreement, you agree that:
•
It is binding on the trust and all future trustees.
•
UBS may assume without further inquiry and is not required to confirm your power
and authority as trustee(s) or to verify instructions for the delivery of any money or
property to you as trustee(s).
•
UBS is not required to confirm that you are properly exercising your power and
authority.
Liability and Indemnification
In this UBS Trustee Certification and Agreement, you agree that:
•
UBS is acting in reliance on this certification and is not liable for Account activities
and transactions that are consistent with the representations and documentation
you have provided.
•
UBS is not required to inquire whether any transaction represents a proper exercise
of the trustees' power or authority, unless it is demonstrated that UBS had actual
knowledge that either the transaction's proceeds were being improperly used for
the trustees' benefit or that the transaction exceeded or was in breach of the
trustees' powers or authorities.
•
You fully hold UBS harmless and indemnify UBS from all losses, liabilities, damages,
daims, costs and expenses, including attorney fees resulting from UBS acting in
reliance on this certification.
•
As trustees, you are each jointly and severally liable for performing your obligations
under the UBS Trustee Certification and Agreement.
•
Your obligations and the indemnification above remain in effect if the trust is
terminated or its Accounts are transferred and shall bind all your successors and
assigns.
Duty to Update
You agree to provide UBS an updated Trustee Certification if there is any amendment to the
trust, any change in the composition of the trustees, or any other event that materially alters
the facts which you have certified and upon which we are relying to service the trust
Account(s).
If we are uncertain of the authority conferred by this certification, its continuing effectiveness,
or any other certification of the trustees, we may refrain from taking any action with respect
to the Account(s) until we are satisfied as to the authority of the trustee(s). You agree to hold
us harmless and indemnify us from any daims, demands, expenses, losses or damages if we
refrain from acting for these reasons.
Authority to Appoint/Hire Investment Adviser or Other Third Party
In this UBS Trustee Certification and Agreement, you agree that:
•
Unless you have indicated otherwise on the Signature Page or a separate Trustee
Certification, you have the power under the trust agreement and applicable law
to appoint or hire an investment advisor or other third party to advise, manage and
have discretion with respect to the trust's assets and liabilities, and to appoint or
delegate your powers to an agent and that, in the event you appoint or hire an
investment adviser or third party or appoint an agent, you agree to provide
additional documentation to UBS as we request.
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•
You have the authority to open the trust account(s), place assets in the trust
account(s), make each and every representation and warranty set forth in this UBS
Trustee Certification and Agreement, engage in each of the actions on behalf of the
trust set forth in this certification and agreement, and execute this certification and
agreement.
•
All investment advisers Of other third parties you appoint or hire to manage and/or
have discretion with respect to the trust's assets and liabilities or other agent that
you have appointed Of to whom you have delegated your powers are bound by
your acknowledgements, agreements, representations and warranties in this
certification and agreement, and the obligations you have undertaken.
•
Unless you have indicated otherwise on the Signature Page or a separate Trustee
Certification, that the beneficiaries of the trust are individuals (natural persons) or
not•for•profit organizations.
Power to Amend and Revoke — Revocable Trusts Only
In this UBS Trustee Certification and Agreement, you agree that either:
•
You are the grantor of a revocable trust and you have full power and authority
under the trust agreement and applicable law to freely amend and revoke the trust,
OR
•
As a non•grantor trustee, you represent that the grantor has full power and
authority under the trust agreement and applicable law to freely amend and revoke
the trust.
Grantor Authorization for Credit Disclosure
By signing a UBS Trustee Certification and Agreement, each grantor agrees and authorizes UBS
to obtain a credit report or other verbal or written credit references about your credit history
or to verify or update credit information given to UBS.
Introduced Accounts
Accounts opened with UBS Financial Services Incorporated of Puerto Rico or any other
broker•dealer under a clearing agreement with UBS Financial Services Inc. are "introduced" to
UBS Financial Services Inc. and will be carried by UBS Financial Services Inc. in your name.
Please refer to the section titled "Introduced Accounts" in the General Terms and Conditions
of the Agreements and Disclosures booklet for a description of the services provided by your
introducing broker and by UBS Financial Services Inc.
Puerto Rico Residency Representation
If Puerto Rico investments are purchased and/or held in a UBS Financial Services Incorporated
of Puerto Rico account, each account owner, or for an account of an entity, each authorized
person(s), certifies its understanding and agreement of the following:
You may hold or purchase certain investments in your Account, including, but not limited to,
closed•end and open•end mutual funds, preferred stock and debt securities that are not
registered under the U.S. Securities Act of 1933 or the U.S. Investment Company Act of 1940
and are exempt from registration under the U.S. Securities Act of 1933 and/or the U.S.
Investment Company Act of 1940 ("Puerto Rico Investments'), based in part, on the
requirement that they be offered or sold only to individuals who have their principal residence
in Puerto Rico and to entities whose principal office and place of business are in Puerto Rico
("Puerto Rico Residents'), as disclosed in the respective prospectuses or offering materials. You
are aware that certain Puerto Rico Investments may not be suitable for all investors as they
may be designed primarily for longterm investors.
Accordingly, if you acquire or propose to acquire Puerto Rico Investments, you hereby
represent that:
•
You have acquired or propose to acquire Puerto Rico Investments for your own
Account and will be the beneficial owner of those assets.
•
If you propose to acquire Puerto Rico Investments for the Account of a retirement
plan that is the beneficial owner of the assets, you acknowledge that UBS may limit,
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in part or in total, the amount of any such purchase, whether or not the retirement
plan is subject to ERISA.
•
As of the date of this agreement: (i) you are an individual whose principal residence
is in Puerto Rico; or (ii) if organized as a non•business trust, the trust has its principal
office and principal place of business within Puerto Rico and the trustee and all
beneficiaries of the trust are Puerto Rico Residents; or (ii) if organized as a trust, the
trustee and all beneficiaries of the trust are Puerto Rico Residents; or (iv) if
organized as a corporation, partnership or other form of business organization, the
entity has its principal office and principal place of business within Puerto Rico and
has not been organized for the purpose of acquiring Puerto Rico Investments.
•
If you cease to be a Puerto Rico Resident, you will: (i) notify us within 30 days of
ceasing to be a Puerto Rico Resident; (ii) liquidate your holdings in any Puerto Rico
Investment when such liquidation becomes economically feasible; and (iii) not
acquire additional Puerto Rico Investments.
•
You acknowledge that if at the time of your acquisition of Puerto Rico Investments
you are not a Puerto Rico Resident, UBS may declare such acquisition null and void.
To the extent that you seek to avail yourself of any tax treatment or seek qualification under
any tax incentive program such as, for example, the Puerto Rico Export Services Act ("Act 20")
or the Puerto Rico Act to Promote the Relocation of Individual Investors ("Act 22' and
together with Act 20, collectively, the 'Acts') based on Puerto Rico residency, you hereby
acknowledge that:
•
You are solely responsible for complying with all of the applicable rules and
requirements pertaining to your residency for federal and Puerto Rico tax purposes
and that neither UBS Financial Services Incorporated of Puerto Rico nor UBS AG or
any of its affiliates are making any representation as to your compliance with any
such rules and requirements or with respect to your residency for federal and
Puerto Rico tax purposes, or providing any tax advice.
•
UBS Financial Services Incorporated of Puerto Rico is relying solely on your residency
representations and shall not make any independent determination as to your
residency for federal and Puerto Rico tax purposes or any qualification under the
Acts or any other tax incentive program, or with respect to any tax benefits that
may be available under the Ads or any other federal or Puerto Rico law or
regulation.
•
While UBS Financial Services Incorporated of Puerto Rico may propose to you certain
investments that are deemed to generate Puerto Rico source income for federal and
Puerto Rico tax purposes, it is your responsibility to determine together with your
tax advisor whether these investments provide you the tax benefits you may be
seeking.
Accounts with Cash Management Features and Verbal Authorization to
Upgrade or Add Cash Management Features to an Account
The Agreements and Disclosures booklet contains the terms and conditions that apply to the
cash management features you may select. All requests to enroll in cash management features
are subject to UBS approval.
We may accept verbal requests to upgrade or add cash management features to your existing
Account(s) or any Account(s) you may open in the future. Generally, we permit any authorized
person to provide verbal instructions to upgrade or add services to your Account unless you
instruct us otherwise. In some circumstances, we may ask for additional information or require
you to sign additional documents.
There are important differences in the cash management features and other services that are
available to U.S. residents through UBS accounts and those that are available to clients who
reside outside the U.S. The International RMA and certain of its cash management features
and other services are not available in all countries and may be changed at any time. We also
have different Card programs for these accounts. This Agreement and the Agreements and
Disclosures booklet describe which programs apply to which types of accounts.
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085 offers a variety of accounts with cash
management features, including the
Resource Management Account* (RMA),
Business Semces Account BSA. BSA) and
International Resource Management
Accounts ORARA,.
Cash management features available for
eligible accounts include:
•
Check writing
•
Debit cards
•
Credit cards
•
Rewards programs
•
Bill Payment
•
Electronic Funds Transfer
•
Margin Loans
•
Sweep Features
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Check writing
If you enroll in the check writing feature for your Account, you authorize us and our Check
Provider to honor checks that bear your signature(s) and unsigned drafts that are presented on
the basis of separate written authorization from you to the payee. These checks may be used
only in conjunction with your Accounts and only up to the Account's 'VVithdrawal Limit" as
defined in the General Terms and Conditions in the Agreements and Disclosures booklet. We
will deduct funds from your Accounts and reimburse the Check Provider in federal funds when
checks or drafts are presented to the Check Provider. We may delay or deny payment if there
are insufficient available assets in your Account to cover payment on the day you write the
check or authorize the draft through the day on which we deduct funds from your Accounts
to pay the check or draft.
8111 Payment and Electronic Funds Transfer Services
If you enroll in the Bill Payment and Electronic Funds Transfer services, you authorize UBS and
its processing bank to effect the types of transactions described in the Bill Payment and
Electronic Funds Transfer Service Agreement. This service agreement also applies to other
electronic transfers to or from your Accounts, including transfers made with the UBS
CashConnect feature and certain payments made through the Automated Clearing House
("ACH") system, even if you do not enroll in this service.
1.185 Visa Debit Card for RMA or BSA
If you choose to enroll for the UBS Visa Debit Card (Card) whether either verbally or in writing,
and for International RMA accounts, if you are eligible for the Card under applicable laws and
UBS policies, you will be issued one or more Card(s) by the Card Issuer. UBS and the Card
Issuer will approve transactions you initiate using the Card(s) up to your Account's
"Withdrawal Limit" or such other amount as described in the Agreements and Disclosures
booklet.
You agree to maintain sufficient available assets in your account to make payment in full, and
transactions may be denied if there are insufficient assets in your Account to make full
payment for any Card transactions as they are processed. As your Card cash withdrawals are
processed, we will deduct funds from your Account to reimburse the Card Issuer. Once each
business day, we will deduct from your Account the amount of purchases made with the Card
that have been received by the Card Issuer but not yet deducted from your Account. The Card
Issuer may suspend or cancel Cards if there are insufficient assets to cover transactions. Your
use of the Card constitutes your agreement to the terms and conditions in the UBS Visa Debit
Card Cardholder Agreement, which is included in the Agreements and Disclosures booklet.
U85 Credit Card for RMA or RSA
You may apply for a UBS Visa Signature credit card or UBS Visa Infinite credit card (Credit
Card) either verbally or in writing. If your application is approved by the Card Issuer, you will be
issued one or more Credit Cards. We will bill transactions made with your Credit Card
separately from your eligible brokerage account. You may pay your Credit Card balance
automatically each month from your eligible brokerage account, or you may pay the bill from
other sources or allow a balance to revolve. The Credit Card terms and conditions describe
rates, fees and other costs for the Credit Card. The Card Issuer will issue and manage your
Credit Card according to Utah law and the UBS Credit Card Cardholder agreement (Credit
Card Agreement). The Card Issuer will include the Credit Card Agreement with your Credit
Card.
Your use of the Credit Card constitutes your agreement to the terms and conditions in the
Credit Card Agreement, which may change occasionally. The Credit Card is not subject to the
General Terms and Conditions of this UBS Client Relationship Agreement. To fulfill your
application for a Credit Card, we will share the personal information the Card Issuer requires to
open your Credit Card Account, with affiliates and third parties with which we are permitted
to share such information, and we similarly share your personal information such as application
data, approval status and transaction information on a regular basis to update your UBS
monthly account statement and our records.
When you request a Credit Card, the Card Issuer will obtain a credit report as part of your
application and after it establishes your Credit Card account, to administer your Credit Card
22
"Check Provider' is the provider arid
processor we have appointed to handle
payment of your checks and drafts. We
reserve the right to change check providers
from time to time.
The Bit Payment and Electronic Funds
Transfer SeMce Agreement is provided in
the Agreements and Disch3sures booklet.
BPI payments are only available to payees
boated in the U.S.
Transfers through the ACH system are only
available to and from accounts at financial
institutions arid banks within the U.S.
"Card issuer" means WS Bank USA, its
successors and assigns. or the issuer of UBS
Carot we appoint in our sate discretion.
Your UBS Visa Debit Cards) will be mailed
to you under separate cover after your
Account has been approved.
Your UBS Credit Cards), if approved for
issuance by the Card issuer, will be mailed
to you under separate cover after your
Account has been approved.
Express Delivery: If you are approved for an
account and your card was requested next
day delWery, your card MI be sent the next
day after your account is opened if the
request is made before 3:00 pm. Eastern
time of that day. A signature is required for
Express Delivery.
The UBS Credit Card is not available with
the international RMA.
The Credit Card terms and conditions
describe the fees for the UBS Credit Card.
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account and report its credit experience with you to others. At your request, the Card Issuer
will provide the name and address of each consumer reporting agency from which it obtained
a report about you. After your Credit Card account is open, you will have the opportunity,
where legally required, to select how the Card Issuer can use or share information about you
for marketing or Credit Card account maintenance purposes.
Any disputes you may have with the Card Issuer will be resolved by binding Arbitration. For
more information regarding Arbitration, please consult the UBS Credit Card Agreement.
By requesting a Credit Card, you agree with the following statements:
•
I (we) am at least 18 years old and a permanent resident of the United States.
•
I (we) have reviewed and agree to the Important Information about the UBS Credit
Card Account Terms and Conditions that was provided with this Client Relationship
Agreement.
•
All information provided to UBS and the Card Issuer was truthful and complete.
Our Sweep Options and Your Sweep Election
As a service to you, we offer the automatic investment or deposit ("sweep") of available cash
balances in your Account to a Sweep Option.
You authorize and direct us to deposit or invest your available cash balances on each business
day in your Sweep Option or Secondary Sweep Option as applicable and to withdraw your
funds from, or liquidate your shares in your Sweep Option or Secondary Sweep Option, as
described in the Agreements and Disclosures booklet, and any amendments. Such
authorization applies to all of your Accounts at UBS, induding any Accounts you may open in
the future.
If we have not received such authorization from you, under applicable law we will not be
permitted to begin sweeping your available cash balances into your Sweep Option. If available
cash balances in your Account are not swept for any reason, available cash balances will not be
invested, and we are not required to pay interest on available cash balances in your Account.
We may change or discontinue our sweep services at any time, including changing the terms
and conditions of any sweep service and adding or discontinuing specific Sweep Options. We
may establish eligibility criteria for Sweep Options offered to different dients, including, but
not limited to, establishing minimum asset requirements for clients to qualify for specific
Sweep Options. We may move your balances to an eligible Sweep Option in the event that you
become ineligible for an existing Sweep Option.
The yields for each Sweep Option will be different and may vary. Current yields may be
obtained from your Financial Advisor or from:
www ubs com/uslentweafth/micdarccuintsweenyields. Each Sweep Option is subject to
different risks and account protection features.
UBS Bank Sweep Programs
Most clients will be eligible for one of the UBS Bank Sweep Programs. Unless you select
another available Sweep Option, if any, you consent to having available cash balances in
eligible Accounts deposited in FDIC•insured deposit accounts at UBS Bank USA through one of
the UBS Bank Sweep Programs. Accounts that are not eligible for the UBS Bank Sweep
Programs include: (1) any Account owned by a financial institution; (2) Accounts opened for
Plans with pooled structures (including Accounts for Participants); (3) any Account owned by
an irrevocable trust; (4) any Account owned by a revocable trust if all beneficiaries are natural
persons and/or not•for•prof it entities; and (5) any Account identified as a 403(6)(7) account.
Funds on deposit at Bank USA are eligible for deposit insurance from the FDIC up to $250,000
(including principal and accrued interest) for each insurable capacity in which you own your
Account (e.g., individual, joint, corporate, IRA). If you have more than one Account you own
in the same insurable capacity that sweeps to Bank USA, the amount deposited at Bank USA
may exceed the amount covered by FDIC insurance. You are responsible for monitoring
the total amount of deposits to determine the extent of FDIC deposit insurance
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Sweep Options' refers to the options made
available by UBS for the automatic
investment or deposit (-sweep) of
available cash balances in your Account.
Sweep Options are subject to eligibility
requirements and include: the UBS Bank
Sweep Programs (which include
'Secondary Sweep Options"), the UBS FDIC
Insured Deposit Program, the Sweep Funds,
the Puerto Rico Short Term Investment
Fund, Inc. ("Puerto Rico Fund") and any
other sweep investments that we may
offer from time to time for eligible
accounts.
The 'UBS Bank Sweep Programs'
collectively refers to the !IBS Deposit
Account Sweep Program (the 'Deposit
Program, and the UBS Business Account
Sweep Program (the 'Business
Program ),which sweep available cash
balances to UBS Bank USA as more fully
described in the UBS Bank Sweep Programs
asclosure Statement available at
vnvw.ubscomlaccount&closures
UBS Bank USA (Member FDIQ ("Bank
USA') is an FDIC-member bank affiliate of
UBS.
'Sweep Funds" refers to one or more of
the OBS I... Joey market funds made
available as a Sweep Option or a
Secondary Sweep Option for the UBS Bank
Sweep Programs as described in the
prospectus for each money market fund.
Available cash balances are swept to a
-Secondary Sweep Option" once hinds on
deposit reach the "Bank USA Sweep Cap".
'Secondary Sweep Option' in the UBS
Bank Sweep Programs refers to deposit
accounts at AG Stamford Branch, the
Puerto Rita Fund or one of the available
Sweep Funds. UBS AG, Stamford Branch
("AG Stamford Branch")is a US branch of
UBS AG, a Swiss Bank. UBS Group AG is
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coverage available to you. Please refer to the UBS Bank Sweep Programs Disclosure
Statement for more detailed information regarding the program and FDK insurance.
Available cash balances will be deposited in Bank USA up to a 'sweep cap" which is generally
5250,000 per owner per Account. Available cash balances in excess of the sweep cap will be
deposited in deposit accounts at AG Stamford Branch as a Secondary Sweep Option unless you
select a different Secondary Sweep Option, if available. Funds in deposit accounts at AG
Stamford Branch are not eligible for FDIC insurance or protection by SIPC or any other
government agency. Sweep Funds are not FDIC•insured, not guaranteed by a bank,
are sold by prospectus only and may lose value.
If your Account is not eligible to sweep to deposit accounts at AG Stamford Branch, your
Secondary Sweep Option will be a Sweep Fund. Sweep Funds are not available to non•U.S.
residents. The Secondary Sweep Options for certain Investment Advisory Accounts will differ.
Please refer to the UBS Bank Sweep Programs Disclosure Statement.
You may change your Secondary Sweep Option to an available alternative Secondary Sweep
Option at any time by contacting your Financial Advisor. By instructing us to change your
Secondary Sweep Option, you are authorizing and directing us to redeem your Sweep Fund
shares, or withdraw funds from the deposit accounts at AG Stamford Branch and transfer the
funds to your new Secondary Sweep Option.
Accounts that are not eligible for the UBS Bank Sweep Programs may be eligible to have
available cash balances swept to deposit accounts through the UBS FDIC•Insured Deposit
Program, a Sweep Fund or to other Sweep Options that we may make available from time to
time (subject to eligibility requirements).
UBS FDIC•Insured Deposit Program
Accounts owned by a revocable or irrevocable trust are eligible for the UBS FDIC•Insured
Deposit Program as long as no trust beneficiary is a for•profit business entity. Through this
program, available cash balances are swept to deposit accounts at participating banks
up to
5249,000 at each participating bank. Bank USA is a participating bank. Deposits are insured by
the FDIC up to applicable limits and subject to FDIC rules. You are responsible for monitoring
the total amount of deposits to determine the extent of FDIC deposit insurance coverage
available to you. The program is more fully described in the UBS FDIC•Insured Disclosure
Statement, which is part of the Agreements and Disclosures booklet and also available at
www ubs rnmiarrnrinviici-Inci
Sweep Funds
Accounts that are not eligible for the UBS Bank Sweep Programs or the UBS•FDIC•Insured
Deposit Program may have available cash balances automatically invested in a Sweep Fund.
Eligible Accounts include (1) any Account owned by a financial institution; (2) Accounts opened
for Plans with pooled structures (including Accounts for Participants); (3) any Account owned
by an irrevocable trust if one or more beneficiaries is a for•profit business entity. The Sweep
Funds are subject to eligibility requirements as described in the prospectus for each Sweep
Fund. UBS Asset Management (Americas) Inc. is the investment advisor for all of the Sweep
Funds. You may also own shares of a Sweep Fund as a Secondary Sweep Option through the
UBS Bank Sweep Programs or if all participating banks in the UBS FDIC•Insured Deposit
Program.
Accounts for Plans with a pooled structure (and the Accounts of its Participants) will sweep to
the UBS Liquid Assets Government Fund. Generally, other Accounts that are not eligible for the
UBS Bank Sweep Programs or the UBS FDIC•Insured Deposit Program will sweep to the UBS
RMA Government Money Market Fund.
In connection with the Sweep Funds, UBS receives: (1) service fees from certain of the Sweep
Funds via payments by their principal underwriter; (2) transfer agency related delegated service
fees from the transfer agent for those same Sweep Funds; and (3) revenue sharing payments
for the same Sweep Funds from UBS Asset Management (Americas) Inc. (UBS AM) related to
assets in the Sweep Funds. Service fees are paid monthly at an annual rate of up to 0.25% of
a Sweep Fund's average daily net assets. Revenue sharing payments for the Sweep Funds are
paid to UBS by UBS AM.
An investment in a money market fund is not insured or guaranteed by the FDIC or
any other government agency. Although each fund seeks to preserve the value of
your investment at $1.00 per share, it is possible to lose money by investing in a
the parent company of UBS AG, 085 Beak
USA UBS Financial Services Inc and UBS
Financial Services Incorporated of Puerto
Rica
'Investment Advisory Account' refers to an
Account enrolled in any of the following
investment advisory programs: Managed
Accounts Consulting Program, Portfolio
Management Program, ACCESS, Managed
Portfolio Program, UBS Strategic Wealth
Portfolio, UBS Strategic Advises; and
Private Wealth Sdutiorxs and such other
programs as UBS may add from time to
time.
'Plans' refers to employee benefit plans
qualified under Section 4010) of the
Internal Revenue Code of 1986, as
amended, or under any other employee
retirement or welfare plan subject to the
Employee Retirement Income Security Act
of 1974, as amended (EWA). "Partic(asnr
refers to a participant in a Plan who has
established a Securities Account for
purposes of participation in the Plan.
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money market fund. Money market funds are sold by prospectus, which includes
more complete information on risks, charges, expenses and other matters of interest.
Investors should read the prospectus carefully before investing in a fund.
The Sweep Funds are Not FDIC insured. May lose value. No bank guarantee.
A prospectus for each Sweep Fund may be found at
iJsmoneymarketfunds.comiall-funds.html. You may also contact your Financial
Advisor for a copy of a prospectus.
Please see the Account Protection section in the Additional Disclosures Section of the
Agreements and Disclosures Pages for more information.
Automatic Exchanges of Certain Sweep Funds
Different Sweep Funds may be offered to dients who have Marketing Relationship assets with
UBS of $25 million or more or who otherwise meet requirements established by UBS in its sole
discretion. If you meet this asset threshold and own shares of the UBS RMA Government
Money Market Fund through any of the UBS sweep programs, you will become eligible for the
UBS Select Government Capital Fund and we will liquidate your shares in the UBS RMA
Government Money Market Fund and purchase shares in the UBS Select Government Capital
Fund without direction from, or prior notice to, you. Thereafter, the UBS Select Government
Capital Fund will be your Sweep Option (or Secondary Sweep Option, as the case may be).
Once a first purchase has been made into the fund, the UBS Select Government Capital Fund
will remain your Sweep Option (or Secondary Sweep Option) even if your Marketing
Relationship assets cease to meet the minimum asset thresholds for the UBS Select
Government Capital Fund.
Your eligibility for the UBS Select Government Capital Fund will be determined at the end of
each month, based on the value of your Marketing Relationship assets as determined in the
sole discretion of UBS. If the value of your Marketing Relationship assets reaches the minimum
asset threshold at any time other than the end of the month, you will not be eligible for the
UBS Select Government Capital Fund.
The Puerto Rico Fund
The Puerto Rico Fund is offered as a Sweep Option (and Secondary Sweep Option) exclusively
to residents of Puerto Rico as defined in that fund's prospectus and is not available as a Sweep
Option for tax•deferred accounts such as IRAs and Plans and Participants. The Puerto Rico
Fund is not a money market fund registered under the U.S. Investment Company Act
of 1940, as amended, does not comply with rules applicable to U.S. registered funds
and presents a higher degree of risk than those funds. The Puerto Rico Fund is not
FDIC insured, may lose value and has no bank guarantee. The Puerto Rico Fund is sold
by prospectus only, which may be found at
www.ubs.com/us/en/wealth/miscipuertoricofunds or from your Financial Advisor.
Margin Agreement and Margin Requirements
All Accounts that you open now or in the future will be established with margin, if eligible,
unless you instruct us that you do not want margin privileges for specific Accounts. By signing
the Signature Page for any Account except for an ERISA Plan, you agree that the Margin
Agreement governs your use of margin in all of your current Accounts and any eligible
Accounts that you may open in the future.
Therefore, if you do not establish margin privileges when you open an Account and later
decide to use margin, you may be able to do so without signing additional forms. Likewise, if
you cancel your margin privileges on an Account, your Margin Agreement with us will remain
in effect and you may request to use margin again at any time. In either event, we will confirm
your request.
When you use your margin privileges, we hold your securities in your Account as collateral
against the amounts you borrow, and your securities may be loaned to UBS or to others as
described in the Margin Agreement. In addition, margin•eligible Accounts are subject to
applicable statutes, rules, regulations, procedures or industry customs. We may deem it
necessary or advisable to establish additional requirements for margin accounts. You agree to
maintain sufficient assets to satisfy all applicable statutes, rules or regulations, or as we deem
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If you do not want to establish margin for
your current accounts or any accounts you
open in the future, please contact your
Financial AcAnScr.
Please note: UBS does not extend margin
far the following accounts:
•
Individual Retirement Accounts
•
ERGA Plans
•
Coverdelf Education Savings
nts
•
403(bX7) Accounts
•
LIGMAs
•
UTMAs
•
Estates
•
529 Ran Accounts
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necessary or advisable. You also agree to maintain sufficient assets in your Account to satisfy
any and all margin calls issued in connection with the Account.
As long as your Account is a margin account, you authorize UBS in the usual course of
business to lend, pledge as collateral, hypothecate, relend or repledge any Property we carry
for you on margin, whether separately or together with Property of others, either to ourselves
or to others. This authorization remains in effect until we receive payment for such Property.
When you use your margin privileges, as permitted by law, we may use certain securities in
your Account for, among other things, settling short sales and lending securities for short
sales. We may receive and retain compensation in connection with such transactions. If you are
engaged in short selling a security, you may incur a charge due to certain borrowing costs for
that particular security.
Subject to applicable rules and regulations, we may amend the requirements applicable to your
margin account at any time in our sole and absolute discretion, including, without limitation,
changing the level of credit available to you and applicable maintenance requirements; all
without notice to you. A 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 demand or
notice as described herein. For additional terms, please refer to the section • Liquidation of
Collateral or Account" below.
We have the right to satisfy a margin call or to require or obtain full or partial payment of a
margin loan at any time without a demand for margin or additional margin or other notice. To
satisfy a margin call or to obtain full or partial payment of the margin loan, in addition to all
rights provided by law, we have the right to:
1.
require additional collateral,
2.
sell any Property in any of your Accounts with us, whether carried individually or
jointly with others,
3.
buy any Property which may be held short in your Account,
4.
cancel any open orders and close any or all outstanding contracts, or
5.
liquidate any of your Accounts with us.
We may also exercise these rights at any time in our sole and absolute discretion.
If you are an individual (including an individual acting as trustee of a trust) residing in or
located in any country in the European Economic Area: you represent and warrant that you do
not intend to use any part of a margin loan, and will not now or in the future use any part of a
margin loan, for the acquiring or retaining of property rights in land or in an existing or
projected building, or for the renovation of residential property.
You understand that there are substantial risks involved in trading securities on
margin, using leverage as a liquidity source or as part of your investment strategy, or
otherwise pledging your securities in order to obtain credit. Please review the Loan
Disclosure Statement included in the Agreements and Disclosures booklet carefully
for a detailed discussion of these risks.
Security Interest
As security for the payment of all liabilities or indebtedness presently outstanding or to be
incurred under this or any other agreement between you and any UBS Entity, induding but not
limited to any loans, credit lines, promissory notes or tax obligations, you hereby grant to each
UBS Entity a security interest in and lien on any and all Property held or carried by any UBS
Entity for you or on your behalf in or credited to any UBS Account(s) (other than qualified plan
or IRA accounts or other accounts where doing so would be a prohibited transaction or
violation of applicable law or regulation) and in any other Account with any UBS Entity in
which you may have any legal, equitable or other interest.
All such Property will be subject to such security interest as collateral for the discharge of your
obligations to any UBS Entity, wherever or however arising and without regard to whether or
not we made loans with respect to that Property. In enforcing our security interest, we have
the discretion to determine the amount, order and manner in which the Property will be sold
Hypothecation is the pledging of securities
or other assets to secure a loan such as a
debit balance in a margin account.
*Property' includes but is not firrvIed to,
securities, securities entitlements,
investment property and financial assets
incluang without limitation, money, stocks,
options, bonds, notes, futures contract;
commodities, commercial paper, deposits,
certificates of deposit and other
obligations contracts, all other property
usualy and CUStOllIality daw't in by
brokerage firms and any other property
that can be recorded in or credited to any
of your Accounts, as well as the Accounts
themselves.
Pease refer to the UBS Statement of Credit
Practrces for additions/information.
'UBS Entity' refers to UBS Financial
Services Inc. and each of its Aniates.
'Securities bitermediary means 1) a
clearing corporation; or 2) a person,
incluang a bank or broker, that in the
ordinary course of business maintains
securities accounts for others and is acting
in that capacity, as such terms are
interpreted under Section 8-102(a)(14) of
the United States Uniform Commercial
Code.
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and have all the rights and remedies available to a secured party under the Uniform
Commercial Code (UCC) in addition to all other rights provided in this Agreement or by law.
You will not cause or allow any of the Property held in any of your UBS Accounts, whether
owned now or acquired later, to be or become subject to any liens, security interests,
mortgages or encumbrances of any nature other than our security interest, without our prior
written consent. Each UBS Entity shall act as agent for and on behalf of each UBS Entity for
purposes of perfecting, maintaining and enforcing the security interests granted hereunder or
by operation of law. Each UBS Entity acting in the capacity of a deposit bank, securities
intermediary or commodities intermediary, agrees to follow the instructions and entitlement
orders of every other UBS Entity with respect to the Property as a secured party without
further consent by you. You hereby authorize and direct each UBS Entity to follow the
instructions and entitlement orders of every other UBS Entity.
Liquidation of Collateral or Account
We may satisfy any and all amounts you owe us in connection with any of your Accounts
or agreements with us, or any other agreement between you and any UBS Entity, including
but not limited to any loans, credit lines, promissory notes or tax obligations, from Property
we hold or carry in any of your Accounts with us (other than qualified plan or IRA accounts
or other account where doing so would be a prohibited transaction or violation of
applicable law or regulation). Additionally, we may sell any or all Property held in any of
your Accounts with us and cancel any open orders for the purchase or sale of any Property
without notice in the event of your death or dissolution, bankruptcy or whenever in our
sole and absolute discretion we deem it necessary for our protection. In these instances,
we may also borrow or buy-in all Property held in any of your Account required to make
delivery against any sale initiated for you. These sales or purchases may be public or private
and may be made without advertising or notice to you and in the manner we determine in
our sole discretion. You waive diligence, presentment, protest, demand for payment and
notice of nonpayment and further waive all other notices and formalities to which you may
be entitled under applicable law or otherwise, to the extent the waiver of such notices and
other formalities is permissible under applicable law. Your waiver will not be invalidated by
any demands, calls, tenders or notices that we may make. At any sale, we may purchase
the Property or any portion thereof free of any right of redemption and you will remain
liable for any deficiency in any of your Account, plus any accrued interest on the
deficiency at our then customary rate, if applicable, or at the maximum rate allowable by
law. We will not be liable to you in any way for any losses or adverse tax consequences
resulting from a liquidation of your Property.
Restrictions on Trading and Disbursements
You acknowledge that we, in our sole discretion, with or without prior notice to you, may
prohibit or restrict trading of any securities held in your Account, prohibit or restrict
disbursement from your Account, and refuse to enter into any purchase or sale
transaction with you regarding any securities that we deem high risk from a regulatory
perspective, even if those securities were purchased by you through us. In addition, you
understand that we maintain the right not to custody any such securities and deliver these
securities to you at your expense.
USA Patriot Act
To help the govemment fight the funding of terrorism and money laundering activities,
Federal law requires all financial institutions to obtain, verify and record information and
documentation identifying each account holder. Therefore, when you open an Account,
we ask for your name, address, date of birth and other identifying information about you.
We may ask to see your driver's license or other identifying documents. We may also
screen your name against various databases to verify your identity. If we are unable to
verify your identity, we may take any of the actions described under 'Termination of your
Account' in the General Terms and Conditions in the Agreement and Disclosures booklet.
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Please see the UBS Gent Pfivacy Notice in
the Agreements and Disclosures booklet
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Your Privacy
for further information. including how to
opt out of certain information sharing.
At UBS, we are committed to safeguarding your personal information. Please refer to the UBS
Client Privacy Notice in the Agreements and Disclosures booklet, which describes the personal
information we collect about you and how we handle and protect it.
Subject to any applicable financial privacy laws and regulations, you acknowledge that we
share such personal financial data regarding you and your Accounts with our affiliates and
non•affiliates as is necessary or advisable to effect, administer or enforce transactions
requested or authorized by you, or to service, process or maintain your Accounts and all
transactions related to or in connection with your Accounts.
Credit Report
You grant us permission to obtain a credit report when you open an Account with us and to
obtain updated credit or similar reports at any time during the time your Account remains
open. You grant us permission to check and verify your credit references and update all credit
information we have obtained on you. We may provide any such credit report or other credit
information we have obtained on you to our Card Issuers, Check Providers or to our affiliates,
as permitted by law to enable them to provide additional products or services that may be of
interest to you and to otherwise assist us in servicing, administering and maintaining your
Account and evaluating your financial needs.
Disclosure of Beneficial Ownership
The issuers of securities held in your Accounts may request your name, address and security
position so that they may contact you directly for proxy voting and other shareholder
communications. You may instruct us not to supply this information, in which case you will
receive information regarding those securities from UBS instead of the issuers.
Your current instructions with respect to such disclosure are reflected on the Account
Information pages of the Completing Your Account Opening Process package. If you would
like to change your instructions, please call your Financial Advisor.
As described in the section 'Foreign Securities' in the General Terms and Conditions of the
Agreement and Disclosure Booklet, we may share information about the beneficial ownership
of foreign securities in your Accounts with the issuers of those securities, foreign govemment
authorities and their agents, custodian banks or brokers and local or international securities
depositories to obtain reduced tax withholding rates, to comply with local law or to respond to
other lawful requests.
Alternate Contact Person
If you have provided UBS with an Alternate contact person, you authorize us to contact such
person in the event that we have concerns or questions about you, including but not limited to
your health, well-being or whereabouts. You further authorize UBS to discuss our concerns
and disclose any necessary information about you including your Account information to your
alternate contact. You acknowledge that this authorization will apply to all Accounts currently
open and any account you open in the future in any capacity.
You understand that the decision as to whether, when or if to reach out to your alternate
contact(s) is at the sole discretion of UBS and that if you have provided multiple alternate
contact persons, UBS is under no obligation to reach out to any or all of them.
Electronic Records
Any agreements accepted by facsimile or electronic means (such as dicks or other online
means) are legally binding and are considered to have been "signed' by you with the same
effect as manual signatures. Electronic records of an agreement that is made online will also be
considered to be "in writing". You agree not to dispute the validity or enforceability of any
agreements entered into electronically by you (or by anyone using your authentication devices,
such as a password or PIN).
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E-mail Communications
We discourage clients from transmitting personal or confidential information through e-mail as
these may be sent via unsecure servers and/or facilities which are easily accessible by third
parties (such as international public and private data transmission networks and internet service
providers) and are typically routed via (multiple) foreign jurisdictions. If you choose to send
personal and confidential information to us via e-mail, you understand and accept that e-mail
transmissions may entail a considerable amount of danger and risk induding:
•
lack of confidentiality (e-mails and their attachments can be read and/or monitored
without detection);
•
manipulation or falsification of the senders address or of the e-mail's (or
attachments) content (e.g. changing the senders address(es) or details);
•
system outages and other transmission errors, which can cause e-mails and. their
attachments to be delayed, mutilated, misrouted and deleted;
•
viruses, worms, Trojan horses etc. may be spread undetected by third parties and
may cause considerable damage; and
•
interception by third parties
and agree that we cannot be responsible for any loss or damages that occur as a result, such
as losses or damages arising from mistaken identity or unauthorized access and the use of the
information (for any purpose) by others who may intercept or otherwise access the
communications during and after transmission.
Electronic Delivery Agreement
UBS offers certain communications through electronic delivery. Categories of communications
you may enroll in for e-Delivery include:
•
Statements for your UBS Accounts, which include your UBS Visa Signature° credit
card statement from the Card Issuer; notices delivered on or with statements such
as our annual Client Privacy Notice; and messages about transactions and
payments.
•
Trade confirmations and notices regarding Account activity.
•
Shareholder communications, induding annual and other shareholder reports,
preliminary and final prospectuses, proxy materials and information about other
corporate actions. Shareholder communications also indudes all account documents
related to Investment Advisory accounts and fee-based financial planning services,
including Form ADV disclosure brochures, manager profiles, asset allocations,
performance reports and other disclosures, reports and notices related to advisory
accounts and fee-based financial planning services.
•
Quarterty performance reports.
•
UBS Equity Plan Advisory Services plan advices.
•
Tax reporting documents, induding 1099s and other tax documents that are
available now or become available in the future.
•
Agreements and disclosures relating to the accounts, features and services we
offer.
My member of your household may enroll any other household account in electronic delivery
of these periodic communications, except for tax reporting documents. By enrolling in
e-Delivery of any communications described above, you agree that we may also deliver similar
firm documents electronically that may be available now or in the future. When available,
confirmations of your personal and account information may be included with related
documents that are delivered electronically through UBS Online Services or any other secure
method.
Please note: These confirmations are sent periodically and to confirm certain changes to your
Account information. These confirmations may be viewable by other members of your
household through UBS Online Services or other secure methods. Contact your Financial
etaa wail) sen
Please see the section Householding of
Statements and Other Communkations
tebw for further information regarding
hcnv a househokf Is established.
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30
Advisor if you prefer to receive private, paper versions of confirmations of personal and
Account information instead of electronic versions.
If you enroll in &Delivery for any of the communications described above, the following terms
and conditions will apply to all of the UBS Accounts (current and future) in your UBS statement
household.
•
A valid email address is required for our eDelivery services and you are responsible
for notifying UBS when your email address changes; you may update your email
address online through UBS Online Services or by calling your Financial Advisor.
•
Access to UBS Online Services is required for eDelivery of documents that contain
any personal information; we may, however, deliver such documents by other
secure means in the future.
•
Enrollment in eDelivery is effective immediately and may be cancelled at any time,
either by changing your elections online or by contacting your Financial Advisor; we
confirm cancellations and other changes to your delivery preferences by email or
regular mail whether they were initiated by you or UBS.
•
Enrollment for any eDelivery services for any of your Accounts will automatically
apply to any accounts that you open in the future at UBS, subject to certain system
limitations.
•
You may request paper copies of any document we are required to deliver to you at
any time for no additional charge by contacting your Financial Advisor.
•
We notify you by email when a new document is available; to protect your
information, the electronic message generally includes a link to a secure UBS
website where the document can be viewed and downloaded.
•
If your email address fails, we will mail paper copies of documents or a paper
notice that a document is available with instructions on how to access it.
•
By enrolling in eDelivery, you confirm that you have access to a printer or other
device to print or save documents you may wish to retain.
•
We do not charge for eDelivery, but your Internet access provider may have
separate charges.
Householding of Statements and Other Communications
As a convenience to you, we may consolidate periodic communications for certain accounts
with the same address. This practice, called "householding", applies to account statements,
trade confirmations, remittance transfer receipts, personal and financial information required
to be sent by regulation, preliminary and final prospectuses and Summary of Accounts
statements, which provide consolidated information for all of the Accounts in your household.
Households are determined as follows:
•
Accounts that share the same name, address and Social Security or Tax ID Number
are automatically placed in the same household.
•
Accounts that share only the same address will be placed in the same household
only with the express consent of all the Account holders.
We mail househeld communications in a single envelope (if you receive paper delivery) or, if
you receive electronic delivery, we make them available through UBS Online Services or other
electronic delivery method. Any member of your household who is enrolled in UBS Online
Services can have access to view all Accounts in the household.
The composition of a household will change as dients move away from the household mailing
address, and the addressee for househeld mailings may also change over time. Where owners
of joint accounts live at different addresses, househeld mailings will be sent to at least one
Account owner's address and may be included with mailings for other Accounts at that
address under the conditions described above.
he you do not want your statements to be
hundred by household, please contact your
Financial Adam
For more information regarding electronic
delivery of penct communication for your
Account please refer to the Elect:cox
Doyen 'Agreement herein.
GJ
S
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Periodically we are required by industry regulators to send records of certain personal
and financial information to our clients. Because we deliver these records with your
account statements, other members of your household may have access to these
records unless you instruct us to send them to you separately.
If you do not want your statements and other periodic communications from us to be bundled
by household, please contact your Financial Advisor and ask to receive individual mailings in
separate envelopes or delivered separately via electronic means.
Non-Primary Residence Address for Mailing Purposes
Unless you notify us otherwise in writing, you authorize us to use the Account address you
provided to mail all notices, correspondence and for the disbursement of Property, even if it is
not your primary residence. Based upon this authorization, we will not telephone you to
confirm receipt of property or require a signed written confirmation from you acknowledging
transmittal of property. If you would like to designate an alternative mailing address for the
Account, please contact your Financial Advisor to provide the necessary authorization. Even
when you have provided a mailing address for the Account, some correspondence may be
delivered to your legal residence address only based upon operational considerations.
Applicable Law
This Agreement, including the Arbitration provisions below, and its enforcement, is governed
by the laws of the State of New York, without giving effect to such State's choice of law or
conflict of laws provisions. The Agreement is binding on you and on UBS Financial Services Inc.
and UBS Financial Services Incorporated of Puerto Rico provided that there is no inconsistency
with the Federal securities laws or the Federal or State banking laws. In connection with any
Card issued, the respective Cardholder Agreement shall be governed by Federal law and the
law designated by the Card Issuer in that Cardholder Agreement.
In the event that any of the Arbitration provisions below are found to be unenforceable, you
submit to the exclusive jurisdiction of the courts of the State of New York and the Federal
courts sitting in the Southern District of New York for the purpose of determining all matters
with regard to the Agreement. You also consent to service of process by certified mail to your
Account's address of record, and you waive any objection to the venue and any claims that an
action or proceeding has been brought in an inconvenient forum. tf any provision of the
Agreement is held to be invalid, void or unenforceable, the remaining provisions will remain in
full force and will be construed to the fullest extent permitted by law, to give effect to the
intent of any provision that has been called into question.
Arbitration
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 will typically indude 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.
etaa luau sen
a
This Arbitration Agreement represents
standard industry practice and binds you
and UBS financial Se/IA-es kr. or UBS
financial Services Incorporated of Puerto
Rico to arbitrate any thagreements that
may arse between the parties.
'The parties' for purposes of this
arbitration agreement, are UBS Financial
Services inc. or UBS Financial Services
lixorporated of Puerto Rico and you,
inclucOng on behalf of your heirs,
executors, administrators and assigns.
3i
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w
tnrt
•
The rules of the arbitration forum in which the claim is filed, and any amendments
to them, shall be incorporated into this Agreement.
By opening an account at UBS, and by UBS Financial Services Inc. or UBS Financial Services
Incorporated of Puerto Rico by accepting your application and carrying your Account, you, UBS
Financial Services Inc. and UBS Financial Service Incorporated of Puerto Rico agree as follows:
•
To resolve any controversy, claim or issue in any controversy that may arise between
you and UBS Financial Services or UBS Financial Services Incorporated of Puerto Rico
by arbitration, whether it happened before or after, or at the time this Agreement
was executed, induding but not limited to controversies, claims or issues in any
controversy concerning any account, transaction, dispute or the construction,
performance or breach of this Agreement or any other agreement.
•
Any arbitration under this Agreement shall be governed by the Federal Arbitration
Act and shall be conducted before an arbitration panel convened by the Financial
Industry Regulatory Authority (FINRA) or any other national securities exchange's
arbitration forum, upon which UBS Financial Services Inc. or UBS Financial Services
Incorporated of Puerto Rico is legally required to arbitrate the controversy with you,
including, where applicable, the Municipal Securities Rulemaking Board.
•
Such arbitration shall be governed by the rules of the organization convening the
panel.
•
The arbitrators shall resolve any controversy in accordance with applicable law.
•
The arbitrators will apply state and federal statutes of limitation the same as if the
claim were brought as a civil action in court.
•
The award of the arbitration panel is not subject to appeal and judgment upon the
award may be entered in any court of competent 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 dass who has not
opted out of the class with respect to any claims encompassed by the putative class
action until:
—
the class certification is denied; or
—
the class is decertified; or
—
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.
•
You expressly agree that service of process in any action shall be sufficient if served
by certified mail, return receipt requested, at your last address known to UBS.
•
You expressly waive any defense to service of process as set forth above.
32
81.0ZNIAL 90P1 EOL SWOOP
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Trust Signature Page
For Your Record! 0
r.:
8 . , . .
1 z'
All trustees must sign this document.
By signing below, I acknowledge that I understand and agree with the terms and conditions of the UBS Client Relationship Agreement, the Agreements
and Disclosures booklet and addendum, and if applicable, the Agreements and Disclosures for IRAs, and the Retirement Plan Disdosures available at
ynvw ohs com/retimmentnlandisclnovec that is endosed or that I have previously received. I agree that the representations in these documents are
accurate and that I will be bound by the terms and conditions in these documents.
Trustee Certification
By signing bean, I represent that I have reviewed the Trust Agreement and any other documents governing the trust. As trustee. I have full power under the
Trust Agreement to make this Trust Certification and have consulted with my legal counsel, if necessary.
Investment and Other Powers and Restrictions We represent and warrant that, except as indicated below, we have broad investment and other powers
under the trust agreement and applicable law to enter into transactions and to trade, buy, sell, sell short or otherwise acquire, receive, deliver, assign,
endorse for transfer, hold or dispose of all manner of securities, futures, currencies and commodities (including options or warrants on securities, futures,
currencies or commcdities) or to purchase and surrender insurance policies and annuity contracts or interests in any of the foregoing in whatever form they
may take, and whether by direct ownership or by interests in funds, partnerships, pools or other forms of collective ownership, except the types of
investments specifically listed below:
Loans and Other Credit Transactions We represent and warrant that we have broad powers under the trust agreement and applicable law to engage in
borrowing and other loan and credit transactions with or through UBS for investment and non-investment purposes, including margin loans, other loans,
pledges, mortgages, hypothecations, repurchase and reverse repurchase transactions, letters of credit, credit facilities, and guarantees of the obligations of
third parties to UBS (in each case, with no limitations as to amount). We have the authority to pledge, mortgage, assign or subject to a security interest or lien
in favor of LIES any property of any son of the trust as security for any hatdity of the trust or third parties tri each case, with no limitations as to amount). We
have the authority to execute any and all relevant documents and bind the trust in respect of any agreements entered into pursuant to this paragraph, except
the types of borrowing or other loan or credit transactions listed below:
If the trust has multiple trustees or officers, can one trustee a officer act independently?
if No, specify the number of signatures required:
(specify number or • air)
If trustees do not have authority to hire an investment advisor or other third party, check here
The person identified below is authorized to act as a successor trustee in the event of the death, resignation or removal of all of the current trustees:
yes
No
Name'
Title:
Address
Margin Agreement
I agree that the Margin Agreement in the Client Relationship Agreement applies to all of my margin-eligble accounts opened now or in the future. This
means that if I use margin privileges, UBS will hold the securities in the margined accounts as collateral against the amounts borrowed. I agree to keep
sufficient positions in margined accounts to meet any margin calls UBS may issue. I also understand that secLeities in any margined account may be loaned
to 1185 or other persons or entities as described in the Margin Agreement.
I understand that the Margin Agreement is not applicable to retirement accounts or any other accounts that are not eligible for margin
privileges at UBS (including IRAs, ERISA plans, Coverdel I Education Savings Accounts, 403(bX7) Accounts, UGMA/UTMA, Estate or 529
Accounts).
Electronic Delivery Consent
As requested, I received my Agreements and Disdosures booklet and other account-related documents electronically at [email protected] which is the
e-mail address of record for all owners of these accounts. I understand that the information is also available at www.ubs.com/accountdisdosures or by
request to my Financial Advisor at 1-212.821-700D.
Continued on next page...
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34
Montpelier Trust
For Trust Accounts:
\C 45110
Yi 45112
Yi 45111
ENTER TIN FOR TRUST:
WW
—WW
X nu
ri
Check here if you have been notified by the IRS that you
"
are subject to backup withholding. and herefore have
crossed out paragraph 2 in the Certification below.
Exempt Payee Code (if any)
if your organization is tax exempt please enter the appropriate code
(codes 1 through 13 in the W9 instructions)
Exemption from FATCA reporting code (if any):
W-9 Form Certification
Under penalties of perjury, I certify that: (1) the number shown on this form is my cares taxpayer identification number
(or I am waiting for a number to be issued to me), and 2)1 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)1 am a U.S. citizen or other U.S. person (defined in the instructions), and (4)
The FATCA code(s) entered on this form
any) indcating that I am exempt from FATCA reporting is correct.
Certification Instruction: You must cross out item (2) above if you have been notified by the IRS that you are currently
subject to backup withholding because you have failed to report all interest and dividends on your tax return.
X
Jeffrey W. Roberts
X
X
Scott Borgerson
Christine Yvonne Malma-Maxwell
Address of Record
Date
Date
Date
155 Seaport Boulevard
ATTN: Nutter McClennen & Fish
U-p
Boston, MA 02210.2698
Email Address of Record
[email protected]
65C07453_0E00055_00055
INTER SSUIIERI
The Client Relationship
Agreement contains a
pre-dispute arbitration
clause located in the final
section under the title
"Arbitration?
65007453_0055
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