Custodian Account Agreement
Updated: November 2019
Acceptance of this agreement (“Custodian Account Agreement” or “Agreement”) is required to open an ALTO IRA Account. Read this Agreement carefully. By entering his/her signature or clicking Accept, the account holder (“Account Holder” or "I") acknowledges and agrees that he/she has read this Agreement, and agrees to the following terms and conditions:
Appointment. I, the Account Holder, appoint Empire Trust, Inc. as the Custodian of my Account (“Custodian”), and understand that Alto Solutions, Inc. (d/b/a AltoIRA) (the “Administrator”) may change custodians to any institution permitted by law or by the undersigned. The account (“Account”) is established for the exclusive benefit of myself, the Account Holder, or my beneficiaries.
Acknowledgements Regarding Investments. I agree that investment decisions are my sole responsibility and that the Administrator and Custodian have no duty to review, or to make any recommendations in connection with the acquisition, retention, or disposition of any investments in my Account. The Administrator and Custodian do not recommend or offer investments, and the Account can only be invested upon the sole authorization and determination of the Account Holder. I understand investments in the Account will be made, and assets in the Account will be titled and held, in the name of AltoIRA, Custodian, and this refers to AltoIRA as agent for the Custodian for the benefit of the Account Holder's Account. Further, the Administrator and Custodian do not conduct appraisals and do not seek to verify any values provided to them by the Account Holder or other third parties. I understand that a value listed in an account statement is deemed accepted by me if I do not dispute it in writing within sixty (60) days of the statement being issued. I understand and agree that I should seek professional assistance from properly licensed financial, legal, and tax professionals and that the Custodian does not offer and should not be relied on for investment, financial, legal, or tax advice.
Responsibility for Tax Consequences. I assume all responsibility for any tax consequences and penalties that may result from all contributions to, transactions through, and distributions from my Account. I am authorized and of legal age to establish this Account and direct and manage investments for the Account. I assume complete responsibility for: 1) Determining the eligibility, legality and validity of each transaction that I direct the Administrator or Custodian to make for the Account; 2) Ensuring that all contributions I make are within the limits set forth by the tax laws; and 3) Ensuring that no transaction results in a disqualification of the Account or unintended distribution. I further agree to obtain for tax reporting purposes a fair market value of each asset and investment held in the Account as of December 31 of each year and report this information to the Administrator no later than January 15 of the following year or such other date as is requested by Administrator. I understand and agree that upon a distribution of assets from the Account, the Administrator or Custodian may issue a Form 1099 based on the last reported value of the assets, which, in the absence of a more current value provided by me, may be the purchase price for the assets.
Adequate Information. I acknowledge that I have received Form 5305 and fee schedule. Further details pertaining to fees appear below. I agree to be bound by such terms and conditions as currently in effect or as they may be amended from time to time. I understand that within seven (7) days from the date that I accept these terms, I may revoke the establishment of the Account by mailing or delivering a written notice to the Administrator at AltoIRA, 1906 Glen Echo Road #159301, Nashville, TN 37215. If I revoke this Agreement within the 7-calendar day period, my Account will be closed and any service fees charged to me by the Administrator will be refunded, together with the entire amount of my contributions to the Account without any adjustment for earnings or any administrative expenses. If I exercise this revocation, the Administrator is still required to report the contribution on Form 5498 (except transfers) and the revoked distribution on Form 1099-R.
I certify under penalties of perjury: 1) That I have provided you with my correct Social Security or Tax I.D. Number, or other such identifying information as may be requested by Administrator; and 2) That I am not subject to backup withholding because: a) I am exempt from backup withholding; or b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends; or c) the IRS has notified me that I am no longer subject to backup withholding. I understand that I cannot accept this Agreement or use the services of the Administrator if I have been notified by the IRS that I am currently subject to backup withholding because of under reporting interest or dividends on my tax return.
I further understand the Internal Revenue Service does not require my consent to any provision of this document other than the certification required to avoid backup withholding.
Investment Decisions and Indemnification. Until such time as I change or revoke the designation, I hereby instruct the Custodian to follow the investment directions which I provide to Administrator in investing and reinvesting the principal and interest for the above-referenced Account or other custodial account for which Administrator serves as record keeper. Instructions must be in writing, and written direction shall be construed so as to include electronic signature. Administrator has the right to refuse to fund investments that are not administratively feasible and/or would place an undue financial or administrative burden on the Administrator.
The account is established for the exclusive benefit of the Account Holder or his/her beneficiaries. In taking action based on this authorization Custodian and Administrator may act solely on the written instruction, designation or representation of the Account Holder. I expressly certify that I take complete responsibility for the type of investment instrument(s) with which I choose to fund my Account. I agree to indemnify and hold harmless Custodian and Administrator, and their respective agents or assigns, for any and all claims, actions, proceedings, damages, judgments, liabilities, costs, and expenses, including attorney's fees arising from or in connection with this Agreement. Custodian and/or Administrator may deduct from the Account any amounts to which they are entitled to reimbursement under the foregoing hold harmless provision. Custodian and Administrator have no responsibility or fiduciary role whatsoever related to or in connection with the Account in taking any action related to any purchase, sale or exchange instructed by the undersigned or the undersigned’s agents, including but not limited to suitability, compliance with any state or federal law or regulation, income or expense, or preservation of capital or income.
In executing transfers, it is understood and agreed that I will not hold Custodian and/or Administrator liable or responsible for anything done or omitted in the administration, custody or investments of the Account prior to the date they shall complete their respective acceptance as successor Custodian and Administrator and shall be in possession of all of the assets, nor shall they have any duty or responsibility to inquire into or take any action with respect to any acts performed by the prior Custodian or Administrator.
Important Information for Opening a New Account. I understand and agree that to comply with the USA PATRIOT ACT, the Administrator and Custodian have adopted a Customer Identification Program. I agree to provide the personal information requested by the Administrator to comply with this program and, upon request, to provide a readable copy of an unexpired, photo-bearing, government-issued identification (e.g., driver license or passport).
Disclosure of Account Information. The Administrator may use agents and/or subcontractors to assist in administering the Account. I agree the Administrator and Custodian may release nonpublic personal information regarding the Account to such providers as necessary to provide the products and services made available under this Agreement, and to evaluate their respective business operations and analyze potential product, service, or process improvements. If I have any questions regarding this policy, I will contact the Administrator at firstname.lastname@example.org.
Fee Disclosure. I acknowledge that I have received, reviewed, understood, and agree to the posted fee schedule. I agree to be bound by those terms and conditions as currently in effect or as they may be amended from time to time.
I agree to pay service fees and charges at the rates and intervals set forth in the fee schedule, and to pay for any extraordinary services or requests not covered above. Account fees are payable in full in advance, or in connection with executing Account Holder instructions and performing services, and are non-refundable. I understand that annual and other billing periods run from the date I first register for the applicable service. Undirected cash in the Account shall be placed by the Custodian in FDIC-insured banks. I agree the Administrator and Custodian may utilize undirected cash or liquidate Account assets to pay Account fees if the credit card or other acceptable form of payment provided by me is or becomes invalid and another valid means of payment is not provided promptly upon request. If any payment is not received by the Administrator within 15 days after it becomes due, then upon five days' notice to the email address associated with my account, without prejudice to any other rights they may have, Administrator and Custodian may close the Account. Administrator and Custodian shall bear no responsibility for any adverse tax consequences or other liabilities or obligations resulting from the performance of their duties or exercise of their rights, including, without limitation, from any liquidation or distribution of assets in the Account resulting from nonpayment of fees. Administrator reserves the right to sell any past due receivables to a collection and credit reporting agency.
Administrator reserves the right to set account minimum balance requirements at its sole discretion.
Administrator further reserves the right to modify fees and charge any additional fee after giving Account Holder reasonable notice. All changes to the fee schedule will be posted at the Administrator's website at www.AltoIRA.com or within the fee schedule posted within the AltoIRA platform. I acknowledge and agree this fee disclosure is part of my Agreement with the Administrator.
Electronic Notices, Communications, Signatures, and Records. To the extent written instructions or notices are required under this Custodian Account Agreement, I agree that all notices will be provided through an electronic medium (which requires that I have access to the Internet), and the Account shall be subject to the provisions of the Uniform Electronic Transactions Act, as passed in the state where the Custodian is organized, and the federal Electronic Signature in Global and National Commerce Act (ESIGN Act, as contained in 15 U.S.C. 7001), as those laws pertain to electronic communications, electronic signatures, and electronic storage of Account records. In lieu of the retention of the original records, Custodian may cause any, or all, of its records, and records at any time in its custody, to be photographed or otherwise reproduced to permanent form, and any such photograph or reproduction shall have the same force and effect as the original thereof and may be admitted in evidence equally with the original.
Governing Law and Arbitration. This Agreement and all amendments hereto shall be governed by and construed in accordance with the laws of the state of New Mexico applicable to contracts made and to be performed therein. The parties agree that, upon the request of any party hereto, whether made before or after the institution of any legal proceeding, all claims and disputes of every type and matter which may arise between the Account Holder and the Custodian or between the Account Holder and the Administrator shall be submitted to binding arbitration before a panel of arbitrators (as described below), of and pursuant to the rules of the American Arbitration Association (“AAA”); that such arbitration hearings and proceedings shall take place only in New York or another site selected by the Administrator in its sole discretion; that this arbitration provision and the arbitration shall be administered by the AAA pursuant to and construed and enforced under the Federal Arbitration Act (title 9 of the United States Code) (“FAA”); however, if the FAA is inapplicable for any reason, such arbitration shall be conducted pursuant to New Mexico law; that there shall be no class action, class or consolidated arbitration; that the prevailing party in any claim or dispute of any type between the Account Holder and the Custodian, or the Account Holder and the Administrator, as the case may be, shall recover reasonable attorneys’ fees, costs and expenses, including without limitation, arbitration filing fees, arbitrators’ fees, and other arbitration fees; and that this arbitration agreement shall govern any disputes involving Account Holder and the Custodian or between the Account Holder and the Administrator, as the case may be, notwithstanding any provisions, including and without limitation venue or arbitration provisions, contained in any agreement signed by Custodian in its custodial capacity. Any arbitration proceeding shall be conducted by a panel of three neutral arbitrators selected by the parties unless the parties agree otherwise. If arbitration is requested as described above, the parties expressly waive any right to institute or conduct litigation or arbitration before any other body or tribunal. The parties further agree that if a party is required to enforce this arbitration agreement against the other party and/or to compel the other party to arbitration pursuant to this agreement, the party shall recover from the other party reasonable attorneys’ fees, costs and expenses so incurred. Arbitration shall be final and binding upon the parties.
Severability. If any provision of this Custodian Account Agreement is found to be illegal, invalid, void or unenforceable, such provision shall be severed and such illegality or invalidity shall not affect the remaining provisions which shall remain in full force and effect. Failure by a party to enforce at any time or for any period of time any of the provisions of this Agreement shall not be construed as a waiver of such provisions, or any party's right to enforce each and every such provision.
I understand that I may change or add beneficiaries at any time by completing the beneficiary form provided by Administrator and delivering it to the Administrator. I understand that if I would like to give permission to another individual to access my account information (such as my spouse or other individual), I will need to complete the Limited Power of Attorney form provided by Administrator and delivering it to the Administrator.
I declare that I have examined this document, including accompanying information, and to the best of my knowledge and belief, it is true, correct, and complete. I have read the fee disclosure and this Custodian Account Agreement and agree to abide by their terms as currently in effect or as they may be amended from time to time.