Common use of Investment of Contributions Clause in Contracts

Investment of Contributions. In accordance with the instructions given to the Custodian shall invest and reinvest all contributions to the account and earnings thereon as directed by the Depositor (or the direction of the beneficiary(ies) upon the Depositor's death) in investments that Custodian determines it can feasibly administer, which may include but are not limited to marketable securities traded on a recognized exchange or "over the counter" (excluding any securities issued by the Custodian), options, mutual funds, common trust funds or other common investment funds that qualify under Section 408(b)(5) (including without limitation pooled custodial accounts and pooled custodial funds), certificates of deposit, real estate, real estate contracts, mortgages, leases, mortgage notes, debentures, individually negotiated debt instruments, promissory notes, private equity investments in closely held businesses, tax liens and tax anticipation warrants, deeds of trust, and other public , private or alternative investments that the Custodian determines it can feasibly administer, in such amounts as are specifically selected and specified by the Depositor in orders to Custodian in such form as may be acceptable to Custodian, without any duty to diversify and without regard to whether such property is authorized by the laws of any jurisdiction as a custodial investment or IRA investment and even if such investment will result in a prohibited transaction, unrelated business taxable income (“UBTI”) or a reportable transaction. In addition, the account designated representative (as described below and in the Xxxx XXX adoption agreement) may give Custodian directions to have the Custodian buy, sell or reinvest public securities, digital assets and investments that are traded on a recognized exchange or “over the counter” (excluding any securities issued by the Custodian). The account designated representative may not direct Custodian with regard to any alternative or private investment. The Custodian shall be responsible only for the execution of such orders and for maintaining adequate records thereof. However, if any such orders are not received as required, or, if received, are unclear or administratively unfeasible in the sole opinion of Custodian, all or a portion of the account may be held in its current investments or remain un- invested without liability for loss of income or appreciation, and without liability for interest pending receipt of such orders or clarification as are acceptable to Custodian in its sole discretion, or if a new contribution, the contribution may be returned. Custodian may, but need not, establish programs under which cash deposits in excess of a minimum set by it will be periodically and automatically invested in interest-bearing investment funds. The Custodian shall have no duty other than to follow the written investment directions of the Depositor, which duty shall be subject to the other terms and conditions of this agreement. The Custodian shall be under no duty to question said instructions and shall not be liable for any investment losses or adverse tax consequences of any kind whatsoever sustained by the depositor. In addition, the Custodian reserves the right to not follow Depositor's (or an account designated representative’s or beneficiary's) direction or process any investment for administrative or cost-related reasons. Execution of Depositor's instructions or refusal to execute same does not constitute investment advice or an opinion by the Custodian as to the investment's prudence or viability. Depositor agrees that the Custodian shall have no discretionary power, authority or control with respect to the management, investment or disposition of the Depositor's assets or any discretionary authority with regard to the management of the Depositor's account. Xxxxxxxxx agrees and acknowledges that the Custodian is not a fiduciary with respect to the Depositor, the Depositor's account or any investment.

Appears in 2 contracts

Samples: Custodial Agreement, Custodial Agreement

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Investment of Contributions. In accordance conjunction with sections 11.08 and 11.10 of this Agreement, at the instructions given to direction of the Depositor (or the direction of the designated beneficiary upon the Depositor’s death), the Administrator or Custodian shall invest and reinvest all contributions to the account and earnings thereon as directed in investments which may be considered administratively feasible by the Depositor (or the direction of the beneficiary(ies) upon the Depositor's death) in investments that Custodian determines it can feasibly administerCustodian, which may include but are not limited to marketable securities traded on a recognized exchange or "over the counter" (excluding any securities issued by the CustodianCustodian or Administrator), real estate, trust deeds, limited partnerships, private placement offerings, covered call options, mutual funds, common trust funds or other common investment funds that qualify under Section 408(b)(5) (including without limitation pooled custodial accounts and pooled custodial funds), certificates of deposit, real estate, real estate contracts, mortgages, leases, mortgage notes, debentures, individually negotiated debt instruments, promissory notes, private equity investments in closely held businesses, tax liens and tax anticipation warrants, deeds of trust, and other public , private or alternative investments that to which the Custodian determines it can feasibly administerconsents, in such amounts as are specifically selected and specified by the Depositor in orders to the Administrator or Custodian in such form as may be acceptable to Custodianthe Custodian or Administrator, without any duty to diversify and without regard to whether such property is authorized by the laws of any jurisdiction as a custodial investment or IRA investment and even if such investment will result in a prohibited transaction, unrelated business taxable income (“UBTI”) or a reportable transaction. In addition, the account designated representative (as described below and in the Xxxx XXX adoption agreement) may give Custodian directions to have the Custodian buy, sell or reinvest public securities, digital assets and investments that are traded on a recognized exchange or “over the counter” (excluding any securities issued by the Custodian). The account designated representative may not direct Custodian with regard to any alternative or private trust investment. The Custodian or Administrator shall be responsible only for the execution of such orders and for maintaining adequate records thereof. However, if any such orders are not received as required, or, if received, are unclear or administratively unfeasible in the sole opinion of Custodianthe Custodian or Administrator, all or a portion of the account contribution may be held in its current investments or remain un- invested uninvested without liability for loss of income or appreciation, and without liability for interest pending receipt of such orders or clarification as are acceptable to Custodian in its sole discretionclarification, or if a new contribution, the contribution may be returned. The Custodian may, but need not, establish programs under which cash deposits and uninvested funds in excess of a minimum set by it will be periodically and automatically invested in government insured interest-bearing investment fundsfunds or accounts. The Custodian shall have no duty other than to follow the written investment directions of the Depositor, which duty shall be subject to the other terms and conditions of this agreement. The Custodian shall be under no duty to question said instructions and shall not be liable for any investment losses or adverse tax consequences of any kind whatsoever sustained by the depositor. In addition, the Custodian reserves the right to not follow Depositor's (or an account designated representative’s or beneficiary's) direction or process Depositor under any investment for administrative or cost-related reasons. Execution of Depositor's instructions or refusal to execute same does not constitute investment advice or an opinion by the Custodian as to the investment's prudence or viability. Depositor agrees that the Custodian shall have no discretionary power, authority or control with respect to the management, investment or disposition of the Depositor's assets or any discretionary authority with regard to the management of the Depositor's account. Xxxxxxxxx agrees and acknowledges that the Custodian is not a fiduciary with respect to the Depositor, the Depositor's account or any investmentcircumstances.

Appears in 2 contracts

Samples: Health Savings Custodial Account, Health Savings Custodial Account

Investment of Contributions. In accordance with the instructions given to the Custodian shall invest and reinvest all contributions to the account and earnings thereon as directed by the Depositor (or the direction of the beneficiary(ies) upon the Depositor's death) in investments that Custodian determines it can feasibly administer, which may include but are not limited to marketable securities traded on a recognized exchange or "over the counter" (excluding any securities issued by the Custodian), options, mutual funds, common trust funds or other common investment funds that qualify under Section 408(b)(5) (including without limitation pooled custodial accounts and pooled custodial funds), certificates of deposit, real estate, real estate contracts, mortgages, leases, mortgage notes, debentures, individually negotiated debt instruments, promissory notes, private equity investments in closely held businesses, tax liens and tax anticipation warrants, deeds of trust, and other public , private or alternative investments that the Custodian determines it can feasibly administer, in such amounts as are specifically selected and specified by the Depositor in orders to Custodian in such form as may be acceptable to Custodian, without any duty to diversify and without regard to whether such property is authorized by the laws of any jurisdiction as a custodial investment or IRA investment and even if such investment will result in a prohibited transaction, unrelated business taxable income (“UBTI”) or a reportable transaction. In addition, the account designated representative (as described below and in the Xxxx XXX adoption agreement) may give Custodian directions to have the Custodian buy, sell or reinvest public securities, digital assets securities and investments that are traded on a recognized exchange or “over the counter” (excluding any securities issued by the Custodian). The account designated representative may not direct Custodian with regard to any alternative or private investment. The Custodian shall be responsible only for the execution of such orders and for maintaining adequate records thereof. However, if any such orders are not received as required, or, if received, are unclear or administratively unfeasible in the sole opinion of Custodian, all or a portion of the account may be held in its current investments or remain un- invested without liability for loss of income or appreciation, and without liability for interest pending receipt of such orders or clarification as are acceptable to Custodian in its sole discretion, or if a new contribution, the contribution may be returned. Custodian may, but need not, establish programs under which cash deposits in excess of a minimum set by it will be periodically and automatically invested in interest-bearing investment funds. The Custodian shall have no duty other than to follow the written investment directions of the Depositor, which duty shall be subject to the other terms and conditions of this agreement. The Custodian shall be under no duty to question said instructions and shall not be liable for any investment losses or adverse tax consequences of any kind whatsoever sustained by the depositor. In addition, the Custodian reserves the right to not follow Depositor's (or an account designated representative’s or beneficiary's) direction or process any investment for administrative or cost-related reasons. Execution of Depositor's instructions or refusal to execute same does not constitute investment advice or an opinion by the Custodian as to the investment's prudence or viability. Depositor agrees that the Custodian shall have no discretionary power, authority or control with respect to the management, investment or disposition of the Depositor's assets or any discretionary authority with regard to the management of the Depositor's account. Xxxxxxxxx agrees and acknowledges that the Custodian is not a fiduciary with respect to the Depositor, the Depositor's account or any investment.

Appears in 2 contracts

Samples: Simple Ira, Custodial Agreement

Investment of Contributions. In accordance with At the instructions given to direction of the Participant, the Custodian shall invest and reinvest all contributions to the account and earnings thereon as directed by the Depositor Participant (or the direction of the beneficiary(ies) upon the DepositorParticipant 's death) in investments that Custodian the Custodian, at Custodian’s sole discretion, determines it can feasibly administer, which may include but are not limited to marketable securities traded on a recognized exchange or "over the counter" (excluding any securities issued by the Custodiancustodian), options, mutual funds, common trust funds or other common investment funds that qualify under Section 408(b)(5) (including without limitation qualifying pooled custodial accounts and pooled custodial funds), certificates of deposit, real estate, real estate contracts, mortgages, leases, mortgage notes, debentures, individually negotiated debt instruments, promissory notes, private equity investments in closely held businesses, tax liens and tax anticipation warrants, deeds of trust, and other public public, private or alternative investments that the Custodian determines it can feasibly administer, in such amounts as are specifically selected and specified by the Depositor Participant in orders to the Custodian in such form as may be acceptable to the Custodian, without any duty to diversify and without regard to whether such property is authorized by the laws of any jurisdiction as a custodial trust investment or IRA investment and or even if such investment will result in a prohibited transaction, unrelated business taxable income ("UBTI") or a reportable transaction. In addition, the account designated representative (as described below and in the Xxxx XXX Traditional IRA adoption agreement) may give the Custodian directions to have the Custodian buy, sell or reinvest public securities, digital assets securities and investments that are traded on a recognized exchange or over the counter" (excluding any securities issued by the Custodiancustodian). The account designated representative may not direct the Custodian with regard to any alternative or private investmentinvestments. The Custodian shall be responsible only for the execution of such orders and for maintaining adequate records thereof. However, if any such orders are not received in a form acceptable to the Custodian as required, or, if received, are unclear or administratively unfeasible in the sole opinion of the Custodian, all or a portion of the account may be held in its current investments or remain un- un-invested without liability for loss of income or appreciation, and without liability for interest pending receipt of such orders or clarification as are acceptable to the Custodian in its sole discretion, or if a new contribution, the contribution may be returned. The Custodian may, but need not, establish programs under which cash deposits in excess of a minimum set by it will be periodically and automatically invested in interest-interest- bearing investment funds. The Custodian shall have no duty other than to follow the written investment directions of the DepositorParticipant, which duty shall be subject to the other terms and conditions of this agreement. The Custodian shall be under no duty to question said instructions and shall not be liable for any investment losses or adverse tax consequences of any kind whatsoever sustained by the depositorParticipant. In addition, the Custodian reserves the right to not follow Depositor's (or an account designated representative’s or beneficiary's) a direction or process any investment for administrative or cost-cost related reasons. Execution of DepositorParticipant 's instructions or refusal to execute same does not constitute investment advice or an opinion by the Custodian as to the investment's prudence or viability. Depositor Participant agrees that the Custodian shall have no discretionary power, authority or control with respect to the management, investment or disposition of the DepositorParticipant 's assets or any discretionary authority with regard to the management of the DepositorParticipant 's account. Xxxxxxxxx Participant agrees and acknowledges that the Custodian is not a fiduciary with respect to the DepositorParticipant, the DepositorParticipant 's account or any investment.

Appears in 2 contracts

Samples: Simple Ira, Simple Ira

Investment of Contributions. In accordance with the instructions given to the Custodian, the Custodian shall invest and reinvest all contributions to the account and earnings thereon as directed by the Depositor Applicant/Plan Participant (or the direction of the beneficiary(ies) upon the DepositorApplicant/Plan Participant's death) in investments that Custodian the Custodian, at Xxxxxxxxx’s sole discretion, determines it can feasibly administer, which may include but are not limited to marketable securities traded on a recognized exchange or "over the counter" (excluding any securities issued by the Custodiancustodian), options, mutual funds, common trust funds or other common investment funds that qualify under Section 408(b)(5) (including without limitation qualifying pooled custodial accounts and pooled custodial funds), certificates of deposit, real estate, real estate contracts, mortgages, leases, mortgage notes, debentures, individually negotiated debt instruments, promissory notes, private equity investments in closely held businesses, tax liens and tax anticipation warrants, deeds of trust, and other public public, private or alternative investments that the Custodian determines it can feasibly administer, in such amounts as are specifically selected and specified by the Depositor Applicant/Plan Participant in orders to the Custodian in such form as may be acceptable to the Custodian, without any duty to diversify and without regard to whether such property is authorized by the laws of any jurisdiction as a custodial trust investment or IRA investment and or even if such investment will result in a prohibited transaction, unrelated business taxable income ("UBTI") or a reportable transaction. In addition, the account designated representative (as described below and in the Xxxx XXX Traditional IRA adoption agreement) may give the Custodian directions to have the Custodian buy, sell or reinvest public securities, digital assets securities and investments that are traded on a recognized exchange or over the counter" (excluding any securities issued by the Custodiancustodian). The account designated representative may not direct the Custodian with regard to any alternative or private investmentinvestments. The Custodian shall be responsible only for the execution of such orders and for maintaining adequate records thereof. However, if any such orders are not received in a form acceptable to the Custodian as required, or, if received, are unclear or administratively unfeasible in the sole opinion of the Custodian, all or a portion of the account may be held in its current investments or remain un- un-invested without liability for loss of income or appreciation, and without liability for interest pending receipt of such orders or clarification as are acceptable to the Custodian in its sole discretion, or if a new contribution, the contribution may be returned. The Custodian may, but need not, establish programs under which cash deposits in excess of a minimum set by it will be periodically and automatically invested in interest-bearing investment funds. The Custodian shall have no duty other than to follow the written investment directions of the DepositorApplicant/Plan Participant, which duty shall be subject to the other terms and conditions of this agreement. The Custodian shall be under no duty to question said instructions and shall not be liable for any investment losses or adverse tax consequences of any kind whatsoever sustained by the depositorApplicant/Plan Participant. In addition, the Custodian reserves the right to not follow Depositor's (or an account designated representative’s or beneficiary's) a direction or process any investment for administrative or cost-cost related reasons. Execution of DepositorApplicant/Plan Participant's instructions or refusal to execute same does not constitute investment advice or an opinion by the Custodian as to the investment's prudence or viability. Depositor Applicant/Plan Participant agrees that the Custodian shall have no discretionary power, authority or control with respect to the management, investment or disposition of the DepositorApplicant/Plan Participant's assets or any discretionary authority with regard to the management of the DepositorApplicant/Plan Participant's account. Xxxxxxxxx Applicant/Plan Participant agrees and acknowledges that the Custodian is not a fiduciary with respect to the DepositorApplicant/Plan Participant, the DepositorApplicant/Plan Participant's account or any investment.

Appears in 2 contracts

Samples: Simple Ira, Custodial Agreement

Investment of Contributions. In accordance with the instructions given to the Custodian, the Custodian shall invest and reinvest all contributions to the account and earnings thereon as directed by the Depositor (or the direction of the beneficiary(ies) upon the Depositor's death) in investments that Custodian the Custodian, at Custodian’s sole discretion, determines it can feasibly administer, which may include but are not limited to marketable securities traded on a recognized exchange or "over the counter" (excluding any securities issued by the Custodiancustodian), options, mutual funds, common trust funds or other common investment funds that qualify under Section 408(b)(5) (including without limitation qualifying pooled custodial accounts and pooled custodial funds), certificates of deposit, real estate, real estate contracts, mortgages, leases, mortgage notes, debentures, individually negotiated debt instruments, promissory notes, private equity investments in closely held businesses, tax liens and tax anticipation warrants, deeds of trust, and other public public, private or alternative investments that the Custodian determines it can feasibly administer, in such amounts as are specifically selected and specified by the Depositor in orders to the Custodian in such form as may be acceptable to the Custodian, without any duty to diversify and without regard to whether such property is authorized by the laws of any jurisdiction as a custodial trust investment or IRA investment and or even if such investment will result in a prohibited transaction, unrelated business taxable income ("UBTI") or a reportable transaction. In addition, the account designated representative (as described below and in the Xxxx XXX Traditional IRA adoption agreement) may give the Custodian directions to have the Custodian buy, sell or reinvest public securities, digital assets and investments that are traded on a recognized exchange or over the counter" (excluding any securities issued by the Custodiancustodian). The account designated representative may not direct the Custodian with regard to any alternative or private investmentinvestments. The Custodian shall be responsible only for the execution of such orders and for maintaining adequate records thereof. However, if any such orders are not received in a form acceptable to the Custodian as required, or, if received, are unclear or administratively unfeasible in the sole opinion of the Custodian, all or a portion of the account may be held in its current investments or remain un- un-invested without liability for loss of income or appreciation, and without liability for interest pending receipt of such orders or clarification as are acceptable to the Custodian in its sole discretion, or if a new contribution, the contribution may be returned. The Custodian may, but need not, establish programs under which cash deposits in excess of a minimum set by it will be periodically and automatically invested in interest-bearing investment funds. The Custodian shall have no duty other than to follow the written investment directions of the Depositor, which duty shall be subject to the other terms and conditions of this agreement. The Custodian shall be under no duty to question said instructions and shall not be liable for any investment losses or adverse tax consequences of any kind whatsoever sustained by the depositorDepositor. In addition, the Custodian reserves the right to not follow Depositor's (or an account designated representative’s or beneficiary's) a direction or process any investment for administrative or cost-cost related reasons. Execution of Depositor's instructions or refusal to execute same does not constitute investment advice or an opinion by the Custodian as to the investment's prudence or viability. Depositor Xxxxxxxxx agrees that the Custodian shall have no discretionary power, authority or control with respect to the management, investment or disposition of the Depositor's assets or any discretionary authority with regard to the management of the Depositor's account. Xxxxxxxxx agrees and acknowledges that the Custodian is not a fiduciary with respect to the Depositordepositor, the Depositor's account or any investment.

Appears in 2 contracts

Samples: Custodial Agreement, Custodial Agreement

Investment of Contributions. In accordance with the instructions given to the Custodian, the Custodian shall invest and reinvest all contributions to the account and earnings thereon as directed by the Depositor Applicant/Plan Participant (or the direction of the beneficiary(ies) upon the DepositorApplicant/Plan Participant's death) in investments that Custodian the Custodian, at Xxxxxxxxx’s sole discretion, determines it can feasibly administer, which may include but are not limited to marketable securities traded on a recognized exchange or "over the counter" (excluding any securities issued by the Custodiancustodian), options, mutual funds, common trust funds or other common investment funds that qualify under Section 408(b)(5) (including without limitation qualifying pooled custodial accounts and pooled custodial funds), certificates of deposit, real estate, real estate contracts, mortgages, leases, mortgage notes, debentures, individually negotiated debt instruments, promissory notes, private equity investments in closely held businesses, tax liens and tax anticipation warrants, deeds of trust, and other public public, private or alternative investments that the Custodian determines it can feasibly administer, in such amounts as are specifically selected and specified by the Depositor Applicant/Plan Participant in orders to the Custodian in such form as may be acceptable to the Custodian, without any duty to diversify and without regard to whether such property is authorized by the laws of any jurisdiction as a custodial trust investment or IRA investment and or even if such investment will result in a prohibited transaction, unrelated business taxable income ("UBTI") or a reportable transaction. In addition, the account designated representative (as described below and in the Xxxx XXX SEP IRA adoption agreement) may give the Custodian directions to have the Custodian buy, sell or reinvest public securities, digital assets and investments that are traded on a recognized exchange or over the counter" (excluding any securities issued by the Custodiancustodian). The account designated representative may not direct the Custodian with regard to any alternative or private investmentinvestments. The Custodian shall be responsible only for the execution of such orders and for maintaining adequate records thereof. However, if any such orders are not received in a form acceptable to the Custodian as required, or, if received, are unclear or administratively unfeasible in the sole opinion of the Custodian, all or a portion of the account may be held in its current investments or remain un- un-invested without liability for loss of income or appreciation, and without liability for interest pending receipt of such orders or clarification as are acceptable to the Custodian in its sole discretion, or if a new contribution, the contribution may be returned. The Custodian may, but need not, establish programs under which cash deposits in excess of a minimum set by it will be periodically and automatically invested in interest-bearing investment funds. The Custodian shall have no duty other than to follow the written investment directions of the DepositorApplicant/Plan Participant, which duty shall be subject to the other terms and conditions of this agreement. The Custodian shall be under no duty to question said instructions and shall not be liable for any investment losses or adverse tax consequences of any kind whatsoever sustained by the depositorApplicant/Plan Participant. In addition, the Custodian reserves the right to not follow Depositor's (or an account designated representative’s or beneficiary's) a direction or process any investment for administrative or cost-cost related reasons. Execution of DepositorApplicant/Plan Participant's instructions or refusal to execute same does not constitute investment advice or an opinion by the Custodian as to the investment's prudence or viability. Depositor Applicant/Plan Participant agrees that the Custodian shall have no discretionary power, authority or control with respect to the management, investment or disposition of the DepositorApplicant/Plan Participant's assets or any discretionary authority with regard to the management of the DepositorApplicant/Plan Participant's account. Xxxxxxxxx Applicant/Plan Participant agrees and acknowledges that the Custodian is not a fiduciary with respect to the DepositorApplicant/Plan Participant, the DepositorApplicant/Plan Participant's account or any investment.

Appears in 2 contracts

Samples: Custodial Agreement, Custodial Agreement

Investment of Contributions. In accordance with At the instructions given to direction of the Participant, the Custodian shall invest and reinvest all contributions to the account and earnings thereon as directed by the Depositor Participant (or the direction of the beneficiary(ies) upon the DepositorParticipant 's death) in investments that Custodian the Custodian, at Custodian’s sole discretion, determines it can feasibly administer, which may include but are not limited to marketable securities traded on a recognized exchange or "over the counter" (excluding any securities issued by the Custodiancustodian), options, mutual funds, common trust funds or other common investment funds that qualify under Section 408(b)(5) (including without limitation qualifying pooled custodial accounts and pooled custodial funds), certificates of deposit, real estate, real estate contracts, mortgages, leases, mortgage notes, debentures, individually negotiated debt instruments, promissory notes, private equity investments in closely held businesses, tax liens and tax anticipation warrants, deeds of trust, and other public public, private or alternative investments that the Custodian determines it can feasibly administer, in such amounts as are specifically selected and specified by the Depositor Participant in orders to the Custodian in such form as may be acceptable to the Custodian, without any duty to diversify and without regard to whether such property is authorized by the laws of any jurisdiction as a custodial trust investment or IRA investment and or even if such investment will result in a prohibited transaction, unrelated business taxable income ("UBTI") or a reportable transaction. In addition, the account designated representative (as described below and in the Xxxx XXX SIMPLE IRA adoption agreement) may give the Custodian directions to have the Custodian buy, sell or reinvest public securities, digital assets and investments that are traded on a recognized exchange or “over the counter” (excluding any securities issued by the Custodiancustodian). The account designated representative may not direct the Custodian with regard to any alternative or private investmentinvestments. The Custodian shall be responsible only for the execution of such orders and for maintaining adequate records thereof. However, if any such orders are not received in a form acceptable to the Custodian as required, or, if received, are unclear or administratively unfeasible in the sole opinion of the Custodian, all or a portion of the account may be held in its current investments or remain un- un-invested without liability for loss of income or appreciation, and without liability for interest pending receipt of such orders or clarification as are acceptable to the Custodian in its sole discretion, or if a new contribution, the contribution may be returned. The Custodian may, but need not, establish programs under which cash deposits in excess of a minimum set by it will be periodically and automatically invested in interest-bearing investment funds. The Custodian shall have no duty other than to follow the written investment directions of the DepositorParticipant, which duty shall be subject to the other terms and conditions of this agreement. The Custodian shall be under no duty to question said instructions and shall not be liable for any investment losses or adverse tax consequences of any kind whatsoever sustained by the depositorParticipant. In addition, the Custodian reserves the right to not follow Depositor's (or an account designated representative’s or beneficiary's) a direction or process any investment for administrative or cost-cost related reasons. Execution of DepositorParticipant 's instructions or refusal to execute same does not constitute investment advice or an opinion by the Custodian as to the investment's prudence or viability. Depositor Participant agrees that the Custodian shall have no discretionary power, authority or control with respect to the management, investment or disposition of the DepositorParticipant 's assets or any discretionary authority with regard to the management of the DepositorParticipant 's account. Xxxxxxxxx Participant agrees and acknowledges that the Custodian Xxxxxxxxx is not a fiduciary with respect to the DepositorParticipant, the DepositorParticipant 's account or any investment.

Appears in 2 contracts

Samples: Simple Ira, Custodial Agreement

Investment of Contributions. In accordance with the instructions given to the Custodian custodian, the custodian shall invest and reinvest all contributions to the account and earnings thereon as directed by the Depositor depositor (or the direction of the beneficiary(ies) upon the Depositordepositor's death) in investments that Custodian the custodian determines it can feasibly practicably administer, which may include but are not limited to marketable securities traded on a recognized exchange or "over the counter" (excluding any securities issued by the Custodiancustodian), options, mutual funds, common trust funds or other common investment funds that qualify under Section 408(b)(5) (including without limitation qualifying pooled custodial accounts and pooled custodial funds), certificates of deposit, real estate, real estate contracts, mortgages, leases, mortgage notes, debentures, individually negotiated debt instruments, promissory notes, private equity investments in closely held businesses, tax liens and tax anticipation warrants, deeds of trust, and other public public, private or alternative investments that the Custodian determines it can feasibly practicably administer, in such amounts as are specifically selected and specified by the Depositor depositor in orders to Custodian the custodian in such form as may be acceptable to Custodianthe custodian, without any duty to diversify and without regard to whether such property is authorized by the laws of any jurisdiction as a custodial trust investment or IRA investment and or even if such investment will result in a prohibited transaction, unrelated business taxable income ("UBTI") or a reportable transaction. In addition, the account designated representative (as described below and in the Xxxx XXX Traditional IRA adoption agreement) may give Custodian the custodian directions to have the Custodian custodian buy, sell or reinvest public securities, digital assets securities and investments that are traded on a recognized exchange or "over the counter" (excluding any securities issued by the Custodiancustodian). The account designated representative may not direct Custodian the custodian with regard to any alternative or private investmentinvestments. The Custodian custodian shall be responsible only for the execution of such orders and for maintaining adequate records thereof. However, if any such orders are not received as required, oror , if received, are unclear or administratively unfeasible in the sole opinion of Custodianthe custodian, all or a portion of the account may be held in its current investments or remain un- un-invested without liability for loss of income or appreciation, and without liability for interest pending receipt of such orders or clarification as are acceptable to Custodian the custodian in its sole discretion, or if a new contribution, the contribution may be returned. Custodian The custodian may, but need not, establish programs under which cash deposits in excess of a minimum set by it will be periodically and automatically invested in interest-interest- bearing investment funds. The Custodian custodian shall have no duty other than to follow the written investment directions of the Depositordepositor, which duty shall be subject to the other terms and conditions of this agreement. The Custodian custodian shall be under no duty to question said instructions and shall not be liable for any investment losses or adverse tax consequences of any kind whatsoever sustained by the depositor. In addition, the Custodian custodian reserves the right to not follow Depositor's (or an account designated representative’s or beneficiary's) direction a direction, or process any investment for administrative or cost-cost related reasons. Execution of Depositordepositor's instructions or refusal to execute same does not constitute investment advice or an opinion by the Custodian custodian as to the investment's prudence or viability. Depositor agrees that the Custodian custodian shall have no discretionary power, authority or control with respect to the management, investment or disposition of the Depositordepositor's assets or any discretionary authority with regard to the management of the Depositordepositor's account. Xxxxxxxxx agrees and acknowledges that the Custodian custodian is a directed custodian and does not a fiduciary with respect to the Depositorprovide tax, the Depositor's account legal or any investmentinvestment advice.

Appears in 1 contract

Samples: Custodial Agreement

Investment of Contributions. In accordance with At the instructions given to direction of the Depositor (or the direction of the beneficiary upon the Depositor's death), the Custodian shall invest and reinvest all contributions to the account and earnings thereon as directed by the Depositor (or the direction of the beneficiary(ies) upon the Depositor's death) in investments that Custodian determines it can feasibly administeracceptable to the Custodian, which may include but are not limited to marketable securities traded on a recognized exchange or "over the counter" (excluding any securities issued by the Custodian), covered call options, mutual funds, common trust funds or other common investment funds that qualify under Section 408(b)(5) (including without limitation pooled custodial accounts and pooled custodial funds), certificates of deposit, real estate, real estate contracts, mortgages, leases, mortgage notes, debentures, individually negotiated debt instruments, promissory notes, private equity investments in closely held businesses, tax liens and tax anticipation warrants, deeds of trust, and other public , private or alternative investments that to which the Custodian determines it can feasibly administerconsents, in such amounts as are specifically selected and specified by the Depositor in orders to the Custodian in such form as may be acceptable to the Custodian, without any duty to diversify and without regard to whether such property is authorized by the laws of any jurisdiction as a custodial investment or IRA investment trust investment. If the Depositor elects to establish a Zacks Funds Xxxx XXX, investments are limited to, and even must be selected from the currently available Zacks Funds family of mutual funds as listed on the Adoption Agreement. Minimum investments, if such investment will result in a prohibited transactionany, unrelated business taxable income (“UBTI”) or a reportable transaction. In addition, the account designated representative (as described below and are listed in the Xxxx XXX adoption agreement) may give Custodian directions to have the Custodian buy, sell or reinvest public securities, digital assets and investments that are traded on a recognized exchange or “over the counter” (excluding any securities issued by the Custodian). The account designated representative may not direct Custodian with regard to any alternative or private investmentZacks Funds prospectus. The Custodian shall be responsible only for the execution of such orders and for maintaining adequate records thereof. However, if any such orders are not received as required, or, if received, are unclear or administratively unfeasible in the sole opinion of the Custodian, all or a portion of the account contribution may be held in its current investments or remain un- invested uninvested without liability for loss of income or appreciation, and without liability for interest pending receipt of such orders or clarification as are acceptable to Custodian in its sole discretionclarification, or if a new contribution, the contribution may be returned. The Custodian may, but need not, establish programs under which cash deposits in excess of a minimum set by it will be periodically and automatically invested in interest-bearing investment funds. If the Depositor’s initial contribution to the Account is in the form of cash, the Custodian may invest the contribution in its own bank account, in one or more of the taxable Money Market Fund portfolios selected by the Depositor, or in another fixed income medium, pending further investment, unless the Custodian has received other instructions from the Depositor. At the Depositor’s option, the Custodian will keep all cash invested on a daily basis through the Custodian’s automated cash management system, through use of one or more of the taxable Money Market Fund portfolios. If the Depositor’s initial contribution is in the form of assets in kind, the Custodian shall retain the assets pending instructions from the Depositor. The Custodian shall have no duty other than to follow the written investment directions of the Depositor, which duty shall be subject to the other terms and conditions of this agreement. The Custodian shall be under no duty to question said instructions and shall not be liable for any investment losses or adverse tax consequences of any kind whatsoever sustained by the depositorDepositor. In additionFor Xxxxx Funds Xxxx IRAs, to the extent the Depositor has not directed other investments, the Custodian reserves may maintain the right cash as may deemed advisable or expedient (with no requirement to not follow Depositor's (pay interest on such cash balances nor on cash in its hands pending investment). All investment direction, investment management and investment advisory agreements provided by the Xxxx XXX Depositor or an account designated representative’s beneficiary will continue until revoked by the Xxxx XXX Depositor or beneficiary's) direction , even after the death of the Xxxx XXX Depositor or process any investment for administrative or cost-related reasonsbeneficiary. Execution of Depositor's instructions or refusal to execute same does not constitute investment advice or an opinion by the Custodian as to the investment's prudence or viability. Depositor agrees that the The Custodian shall have no discretionary powerduty to bring any claim, authority suit or control other action in connection with respect any investment in the Account. The Depositor agrees to indemnify and hold the managementCustodian harmless from and against all costs and expenses (including attorney’s fees) incurred by the Custodian in connection with any litigation, claim or other action involving any investment in the Account in which the Custodian is named as a necessary party or disposition at the request of the Depositor's assets or any discretionary authority with regard to the management of the Depositor's account. Xxxxxxxxx agrees and acknowledges that the Custodian is not a fiduciary with respect to the Depositor, the Depositor's account or any investment.

Appears in 1 contract

Samples: towlefund.com

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Investment of Contributions. In accordance with the instructions given to When the Custodian accepts and signs this Agreement, it shall invest and reinvest establish a Custodial Account consisting of all separate Participant accounts under this Plan. All contributions to the account Plan shall be invested and earnings thereon as directed by the Depositor (or the direction of the beneficiary(ies) upon the Depositor's death) reinvested in investments that Custodian determines it can feasibly administer, which may include but are not limited to such marketable securities (including options) traded on a recognized exchange by or obtainable through the Custodian either "over the counter" or on a recognized exchange (excluding any securities issued by the Custodian), options, mutual funds, common trust funds or other common investment funds that qualify under Section 408(b)(5) (including without limitation pooled custodial accounts and pooled custodial funds), certificates of deposit, real estate, real estate contracts, mortgages, leases, mortgage notes, debentures, individually negotiated debt instruments, promissory notes, private equity investments in closely held businesses, tax liens and tax anticipation warrants, deeds of trust, and other public , private or alternative investments that the Custodian determines it can feasibly administer, in such amounts amounts, as are specifically selected and specified by the Depositor Participant in orders to the Custodian in such form and either directly or through the Administrator as may be he acceptable to Custodian, without any duty to diversify and without regard to whether such property is authorized by the laws of any jurisdiction as a custodial investment or IRA investment and even if such investment will result in a prohibited transaction, unrelated business taxable income (“UBTI”) or a reportable transaction. In addition, the account designated representative (as described below and in the Xxxx XXX adoption agreement) may give Custodian directions to have the Custodian buy, sell or reinvest public securities, digital assets and investments that are traded on a recognized exchange or “over the counter” (excluding any securities issued by the Custodian). The account designated representative may not direct Custodian with regard to any alternative or private investment. The Custodian shall be responsible only for the execution of such orders and for maintaining adequate records thereof. However, if any such orders are not received as required, required or, if received, are unclear or administratively unfeasible in the sole opinion of the Custodian, all or a portion of the account contribution may be held in its current investments or remain un- invested uninvested without liability for loss of income or appreciation, and without liability for interest interest, pending receipt of such orders or clarification as are acceptable to Custodian in its sole discretion, clarification; or if a new contribution, the contribution may be returned. Amounts referred to in the next preceding sentence may be invested, and dividends, interest, proceeds of the sale of securities, and other cash receipts not intended as payment for securities shall be invested, in a daily-interest money market mutual fund which is sponsored and/or managed by the Custodian mayor any affiliate of the Custodian pending receipt of contrary orders, except that a balance of to $200 of uninvested cash may (but need not, establish programs under which cash deposits ) be maintained for administrative convenience. All assets of the Custodial Account shall be registered in excess the name of the Custodian or of a minimum set suitable nominee. The same nominee may be used with respect to (1) assets of the Accounts of all (or some) of the Participants, and (2) assets of other investors whether or not held under agreements similar to this one or in any capacity whatsoever. However, each Participant's Account shall be separate and distinct; a separate account thereof shall be maintained by it will the Custodian; and the assets thereof shall be periodically held by the Custodian in individual or bulk segregation either in the Custodian's vaults or in depositories approved by the Securities and automatically invested in interest-bearing investment fundsExchange Commission under the Securities Exchange Act of 1934. The Custodian shall have no duty other than to follow the written investment directions of the Depositor, which duty shall be subject does not assume any responsibility for rendering advice with respect to the other terms investment and conditions reinvestment of this agreement. The Custodian shall be under no duty to question said instructions a Participant's Account and shall not be liable for any investment losses or adverse tax consequences loss which results from the Participant's exercise of any kind whatsoever sustained by the depositorcontrol over his Account. In addition, the Custodian reserves the right to not follow Depositor's (or an account designated representative’s or beneficiary's) direction or process any investment for administrative or cost-related reasons. Execution of Depositor's instructions or refusal to execute same does not constitute investment advice or an opinion by the Custodian as Except only to the investment's prudence or viability. Depositor agrees extent (and upon the terms) that the Custodian shall have no discretionary power, authority specifically agrees with the Employer or control with respect the Participant in writing from time to the management, investment or disposition of the Depositor's assets or any discretionary authority with regard to the management of the Depositor's account. Xxxxxxxxx agrees and acknowledges time that the Custodian is not a fiduciary with respect to the Depositorwill render such advice, the Depositor's account Participant shall have and exercise exclusive responsibility for and control over the investment of the assets of his Account, and the Custodian shall not have any duty to question his directions in that regard or any investmentto advise him regarding purchase, retention, or sale of such assets.

Appears in 1 contract

Samples: Freedom Mutual Fund

Investment of Contributions. In accordance with the instructions given to the Custodian custodian, the custodian shall invest and reinvest all contributions to the account and earnings thereon as directed by the Depositor depositor (or the direction of the beneficiary(ies) upon the Depositordepositor's death) in investments that Custodian the custodian determines it can feasibly practicably administer, which may include but are not limited to marketable securities traded on a recognized exchange or "over the counter" (excluding any securities issued by the Custodiancustodian), options, mutual funds, common trust funds or other common investment funds that qualify under Section 408(b)(5) (including without limitation qualifying pooled custodial accounts and pooled custodial funds), certificates of deposit, real estate, real estate contracts, mortgages, leases, mortgage notes, debentures, individually negotiated debt instruments, promissory notes, private equity investments in closely held businesses, tax liens and tax anticipation warrants, deeds of trust, and other public public, private or alternative investments that the Custodian determines it can feasibly practicably administer, in such amounts as are specifically selected and specified by the Depositor depositor in orders to Custodian the custodian in such form as may be acceptable to Custodianthe custodian, without any duty to diversify and without regard to whether such property is authorized by the laws of any jurisdiction as a custodial trust investment or IRA investment and or even if such investment will result in a prohibited transaction, unrelated business taxable income ("UBTI") or a reportable transaction. In addition, the account designated representative (as described below and in the Xxxx XXX Traditional IRA adoption agreement) may give Custodian the custodian directions to have the Custodian custodian buy, sell or reinvest public securities, digital assets securities and investments that are traded on a recognized exchange or over the counter" (excluding any securities issued by the Custodiancustodian). The account designated representative may not direct Custodian the custodian with regard to any alternative or private investmentinvestments. The Custodian custodian shall be responsible only for the execution of such orders and for maintaining adequate records thereof. However, if any such orders are not received as required, or, if received, are unclear or administratively unfeasible in the sole opinion of Custodianthe custodian, all or a portion of the account may be held in its current investments or remain un- un-invested without liability for loss of income or appreciation, and without liability for interest pending receipt of such orders or clarification as are acceptable to Custodian the custodian in its sole discretion, or if a new contribution, the contribution may be returned. Custodian The custodian may, but need not, establish programs under which cash deposits in excess of a minimum set by it will be periodically and automatically invested in interest-interest- bearing investment funds. The Custodian custodian shall have no duty other than to follow the written investment directions of the Depositordepositor, which duty shall be subject to the other terms and conditions of this agreement. The Custodian custodian shall be under no duty to question said instructions and shall not be liable for any investment losses or adverse tax consequences of any kind whatsoever sustained by the depositor. In addition, the Custodian custodian reserves the right to not follow Depositor's (or an account designated representative’s or beneficiary's) direction a direction, or process any investment for administrative or cost-cost related reasons. Execution of Depositordepositor's instructions or refusal to execute same does not constitute investment advice or an opinion by the Custodian custodian as to the investment's prudence or viability. Depositor agrees that the Custodian shall have no discretionary power, authority or control with respect to the management, investment or disposition of the Depositor's assets or any discretionary authority with regard to the management of the Depositor's account. Xxxxxxxxx agrees and acknowledges that the Custodian custodian is a directed custodian and does not a fiduciary with respect to the Depositorprovide tax, the Depositor's account legal or any investmentinvestment advice.

Appears in 1 contract

Samples: Custodial Agreement

Investment of Contributions. In accordance with (a) At the instructions given to direction of the Custodian shall invest and reinvest all contributions to the account and earnings thereon as directed by the Depositor Account Beneficiary (or the direction of the beneficiary(ies) designated beneficiary upon the Depositor's Account Beneficiary’s death) ), the Custodian shall invest all contributions to the Custodial Account and earnings thereon in investments that Custodian determines it can feasibly administerare acceptable to the Custodian, and that are considered administratively feasible by the Custodian, which may include but are not limited to marketable securities traded on a recognized exchange or "over the counter" (excluding any securities issued by the Custodian), options, mutual funds, common trust funds or other common investment funds that qualify under Section 408(b)(5) (including without limitation pooled custodial accounts and pooled custodial funds), certificates of deposit, real estate, real estate contracts, mortgages, leases, mortgage notes, debentures, individually negotiated debt instruments, promissory notes, private equity investments in closely held businesses, tax liens and tax anticipation warrants, deeds of trust, mortgages, unsecured notes, limited partnerships, limited liability companies, private stock, other private placement offerings, and other public , private or alternative investments that to which the Custodian determines it can feasibly administerconsents, in such amounts as are specifically selected and specified by the Depositor Account Owner or Designated Beneficiary in orders to the Custodian in such form as may be acceptable to the Custodian, without any duty to diversify and without regard to whether such property is authorized by the laws of any jurisdiction as a custodial investment or IRA investment and even if such investment will result in a prohibited transaction, unrelated business taxable income (“UBTI”) or a reportable transaction. In addition, the account designated representative (as described below and in the Xxxx XXX adoption agreement) may give Custodian directions to have the Custodian buy, sell or reinvest public securities, digital assets and investments that are traded on a recognized exchange or “over the counter” (excluding any securities issued by the Custodian). The account designated representative may not direct Custodian with regard to any alternative or private trust investment. The Custodian shall be responsible only for the execution of such orders and for maintaining adequate records thereof. However, if any such orders are not received as required, or, if received, are unclear or administratively unfeasible in the sole opinion of the Custodian, or if there is insufficient Undirected Cash in the Custodial Account to comply with such orders, all or a portion of the account contribution may be held in its current investments or remain un- invested uninvested without liability for loss of income or appreciation, and without liability for interest pending receipt of such orders or clarification as are acceptable to Custodian in its sole discretionclarification, or if a new contribution, the contribution may be returned. Custodian may, but need not, establish programs under which cash deposits in excess of a minimum set by it will be periodically and automatically invested in interest-bearing investment funds. The Custodian shall have no duty other than to follow the written investment directions of the DepositorAccount Owner or Designated Beneficiary, which duty shall be subject to the other terms and conditions of this agreement. The Custodian shall be under no duty to question said instructions and shall not be liable for any investment losses or adverse tax consequences of any kind whatsoever sustained by the depositor. In addition, the Custodian reserves the right to not follow Depositor's (Account Owner or an account designated representative’s or beneficiary's) direction or process Designated Beneficiary under any investment for administrative or cost-related reasons. Execution of Depositor's instructions or refusal to execute same does not constitute investment advice or an opinion by the Custodian as to the investment's prudence or viability. Depositor agrees that the Custodian shall have no discretionary power, authority or control with respect to the management, investment or disposition of the Depositor's assets or any discretionary authority with regard to the management of the Depositor's account. Xxxxxxxxx agrees and acknowledges that the Custodian is not a fiduciary with respect to the Depositor, the Depositor's account or any investmentcircumstances.

Appears in 1 contract

Samples: Savings Account Custodial Agreement

Investment of Contributions. In accordance with the instructions given to Kingdom Trust, the Custodian custodian shall invest and reinvest all contributions to the account and earnings thereon as directed by the Depositor depositor (or the direction of the beneficiary(ies) upon the Depositordepositor's death) in investments that Custodian Kingdom Trust determines it can feasibly practicably administer, which may include but are not limited to marketable securities traded on a recognized exchange or "over the counter" (excluding any securities issued by the Custodiancustodian), options, mutual funds, common trust funds or other common investment funds that qualify under Section 408(b)(5) (including without limitation pooled custodial accounts and pooled custodial funds), certificates of deposit, real estate, real estate contracts, mortgages, leases, mortgage notes, debentures, individually negotiated debt instruments, promissory notes, private equity investments in closely held businesses, tax liens and tax anticipation warrants, deeds of trust, and other public , private or alternative investments that the Custodian custodian determines it can feasibly practicably administer, in such amounts as are specifically selected and specified by the Depositor depositor in orders to Custodian Kingdom Trust in such form as may be acceptable to CustodianKingdom Trust, without any duty to diversify and without regard to whether such property is authorized by the laws of any jurisdiction as a custodial investment or IRA investment and even if such investment will result in a prohibited transaction, unrelated business taxable income (“UBTI”) or a reportable transaction. In addition, the account designated representative (as described below and in the Xxxx XXX adoption agreement) may give Custodian Kingdom Trust directions to have the Custodian custodian buy, sell or reinvest public securities, digital assets securities and investments that are traded on a recognized exchange or “over the counter” (excluding any securities issued by the Custodiancustodian). The account designated representative may not direct Custodian Kingdom Trust with regard to any alternative or private investment. The Custodian custodian shall be responsible only for the execution of such orders and for maintaining adequate records thereof. However, if any such orders are not received as required, or, if received, are unclear or administratively unfeasible in the sole opinion of CustodianKingdom Trust, all or a portion of the account may be held in its current investments or remain un- invested without liability for loss of income or appreciation, and without liability for interest pending receipt of such orders or clarification as are acceptable to Custodian Kingdom Trust in its sole discretion, or if a new contribution, the contribution may be returned. Custodian Kingdom Trust may, but need not, establish programs under which cash deposits in excess of a minimum set by it will be periodically and automatically invested in interest-bearing investment funds. The Custodian custodian shall have no duty other than to follow the written investment directions of the Depositordepositor, which duty shall be subject to the other terms and conditions of this agreement. The Custodian custodian shall be under no duty to question said instructions and shall not be liable for any investment losses or adverse tax consequences of any an y kind whatsoever sustained by the depositor. In addition, the Custodian custodian reserves the right to not follow Depositordepositor's (or an account designated representative’s or a beneficiary's) direction direction, or process any investment for administrative or cost-cost related reasons. Execution of Depositordepositor's instructions or refusal to execute same does not constitute investment advice or an opinion by the Custodian custodian as to the investment's prudence or viability. Depositor agrees that the Custodian shall have no discretionary power, authority or control with respect to the management, investment or disposition of the Depositor's assets or any discretionary authority with regard to the management of the Depositor's account. Xxxxxxxxx agrees and acknowledges that the Custodian custodian is a directed custodian and does not a fiduciary with respect to the Depositorprovide tax, the Depositor's account legal or any investmentinvestment advice.

Appears in 1 contract

Samples: Custodial Agreement

Investment of Contributions. In accordance with the instructions given to the Custodian, the Custodian shall invest and reinvest all contributions to the account and earnings thereon as directed by the Depositor (or the direction of the beneficiary(ies) upon the Depositor's death) in investments that Custodian the Custodian, at Custodian’s sole discretion, determines it can feasibly administer, which may include but are not limited to marketable securities traded on a recognized exchange or "over the counter" (excluding any securities issued by the Custodiancustodian), options, mutual funds, common trust funds or other common investment funds that qualify under Section 408(b)(5) (including without limitation qualifying pooled custodial accounts and pooled custodial funds), certificates of deposit, real estate, real estate contracts, mortgages, leases, mortgage notes, debentures, individually negotiated debt instruments, promissory notes, private equity investments in closely held businesses, tax liens and tax anticipation warrants, deeds of trust, and other public public, private or alternative investments that the Custodian determines it can feasibly administer, in such amounts as are specifically selected and specified by the Depositor in orders to the Custodian in such form as may be acceptable to the Custodian, without any duty to diversify and without regard to whether such property is authorized by the laws of any jurisdiction as a custodial trust investment or IRA investment and or even if such investment will result in a prohibited transaction, unrelated business taxable income ("UBTI") or a reportable transaction. In addition, the account designated representative (as described below and in the Xxxx XXX Traditional IRA adoption agreement) may give the Custodian directions to have the Custodian buy, sell or reinvest public securities, digital assets securities and investments that are traded on a recognized exchange or over the counter" (excluding any securities issued by the Custodiancustodian). The account designated representative may not direct the Custodian with regard to any alternative or private investmentinvestments. The Custodian shall be responsible only for the execution of such orders and for maintaining adequate records thereof. However, if any such orders are not received in a form acceptable to the Custodian as required, or, if received, are unclear or administratively unfeasible in the sole opinion of the Custodian, all or a portion of the account may be held in its current investments or remain un- un-invested without liability for loss of income or appreciation, and without liability for interest pending receipt of such orders or clarification as are acceptable to the Custodian in its sole discretion, or if a new contribution, the contribution may be returned. The Custodian may, but need not, establish programs under which cash deposits in excess of a minimum set by it will be periodically and automatically invested in interest-bearing investment funds. The Custodian shall have no duty other than to follow the written investment directions of the Depositor, which duty shall be subject to the other terms and conditions of this agreement. The Custodian shall be under no duty to question said instructions and shall not be liable for any investment losses or adverse tax consequences of any kind whatsoever sustained by the depositorDepositor. In addition, the Custodian reserves the right to not follow Depositor's (or an account designated representative’s or beneficiary's) a direction or process any investment for administrative or cost-cost related reasons. Execution of Depositor's instructions or refusal to execute same does not constitute investment advice or an opinion by the Custodian as to the investment's prudence or viability. Depositor agrees that the Custodian shall have no discretionary power, authority or control with respect to the management, investment or disposition of the Depositor's assets or any discretionary authority with regard to the management of the Depositor's account. Xxxxxxxxx agrees and acknowledges that the Custodian is not a fiduciary with respect to the Depositordepositor, the Depositor's account or any investment.

Appears in 1 contract

Samples: Simple Ira

Investment of Contributions. In accordance with As provided in Sections 8.10 and 8.11, at the instructions given to direction of the Depositor, the Administrator or Custodian shall invest and reinvest all contributions to the account Custodial Account and earnings thereon as directed in investments, provided that such investments that are considered administratively feasible by the Depositor (or the direction of the beneficiary(ies) upon the Depositor's death) in Custodian. Such investments that Custodian determines it can feasibly administer, which may include but are not limited to marketable securities traded on a recognized exchange or "over the counter" (excluding any securities issued by the CustodianCustodian or Administrator), optionsreal estate, mutual fundstrust deeds, common trust funds or other common investment funds that qualify under Section 408(b)(5) (including without limitation pooled custodial accounts and pooled custodial funds)limited partnerships, private placement offerings, certificates of deposit, real estate, real estate contracts, mortgages, leases, mortgage notes, debentures, individually negotiated debt instruments, promissory notes, private equity investments in closely held businesses, tax liens and tax anticipation warrants, deeds of trust, and other public , private or alternative investments that to which the Custodian determines it can feasibly administerconsents, in such amounts as are specifically selected and specified by the Depositor in orders to the Administrator or Custodian in such form as may be acceptable to Custodianthe Custodian or Administrator, without any duty to diversify and without regard to whether such property is authorized by the laws of any jurisdiction as a custodial investment or IRA investment and even if such investment will result in a prohibited transaction, unrelated business taxable income (“UBTI”) or a reportable transaction. In addition, the account designated representative (as described below and in the Xxxx XXX adoption agreement) may give Custodian directions to have the Custodian buy, sell or reinvest public securities, digital assets and investments that are traded on a recognized exchange or “over the counter” (excluding any securities issued by the Custodian). The account designated representative may not direct Custodian with regard to any alternative or private trust investment. The Custodian or Administrator shall be responsible only for the execution of such orders and for maintaining adequate records thereof. However, if any such orders are not received as required, or, if received, are unclear or administratively unfeasible in the sole opinion of Custodianthe Custodian or Administrator, all or a portion of the account contribution may be held in its current investments or remain un- invested uninvested without liability for loss of income or appreciation, and without liability for interest pending receipt of such orders or clarification as are acceptable to Custodian in its sole discretionclarification, or if a new contribution, the contribution may be returned. The Custodian may, but need not, establish programs under which cash deposits and uninvested funds in excess of a minimum set by it will be periodically and automatically invested in government insured interest-bearing investment fundsfunds or accounts. The Custodian shall have no duty other than to follow the written investment directions of the Depositor, which duty shall be subject to the other terms and conditions of this agreement. The Custodian shall be under no duty to question said instructions and shall not be liable for any investment losses or adverse tax consequences of any kind whatsoever sustained by the depositor. In addition, the Custodian reserves the right to not follow Depositor's (or an account designated representative’s or beneficiary's) direction or process Depositor under any investment for administrative or cost-related reasons. Execution of Depositor's instructions or refusal to execute same does not constitute investment advice or an opinion by the Custodian as to the investment's prudence or viability. Depositor agrees that the Custodian shall have no discretionary power, authority or control with respect to the management, investment or disposition of the Depositor's assets or any discretionary authority with regard to the management of the Depositor's account. Xxxxxxxxx agrees and acknowledges that the Custodian is not a fiduciary with respect to the Depositor, the Depositor's account or any investmentcircumstances.

Appears in 1 contract

Samples: www.theentrustgroup.com

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