Client Authority. If Client is an individual, Client represents that he or she is of the age of majority. If Client is a corporation, partnership or limited liability company, the person signing this Agreement for the Client represents that he or she has been authorized to do so by appropriate action. If this Agreement is entered into by a trustee or other fiduciary, the trustee or fiduciary represents that Advisor’s investment management strategies, allocation procedures, and investment advisory services are authorized under the applicable plan, trust, or law and that the person signing this Agreement has the authority to negotiate and enter into this Agreement. Client will inform Advisor of any event that might affect this authority or the propriety of this Agreement.
Client Authority. Client has the requisite legal capacity and authority to execute, deliver and perform its obligations under this Agreement. This Agreement has been duly authorized, executed and delivered by Client and is the legal, valid and binding agreement of Client, enforceable against Client in accordance with its terms. Client’s execution of this Agreement and the performance of its obligations hereunder do not conflict with or violate any provisions of the governing documents (if any) of Client or any obligations by which Client is bound, whether arising by contract, operation of law or otherwise. Client will deliver to Management evidence of Client’s authority and compliance with its governing documents on Management’s request. Client is the owner of all cash and securities in the Account(s), and there are no restrictions on the pledge, hypothecation, transfer, sale or public distribution of such cash or securities. All the assets in the Account(s) are derived from legal and legitimate sources and are not in violation of any applicable law, rule or regulation.
Client Authority. If our Client is not a natural person, you, as an authorized individual, represent and confirm that the engagement of the Adviser pursuant to the terms of this Agreement, is authorized by the governing documents relating to the Client and that the terms of this Agreement do not violate any obligations by which the Client is bound. Client agrees to deliver all forms, corporate resolutions or similar documentation evidencing the undersigned’s authority to execute and deliver this Agreement. Client also agrees to deliver such organizational documents and other documents as we may reasonably require. Client further agrees to promptly deliver all amendments or supplements to the foregoing documents, and agrees that Portfolio Advisors, Inc. is not liable for any losses, costs or claims suffered or arising out of your failure to provide us with any documents required to be furnished hereunder. Client warrants and represents that it owns all property deposited in the Account(s) and that no restriction on disposition exists to any such property. OTHER AGREEMENTS: Client acknowledges that nothing contained in this Agreement violates the terms and conditions of any other agreements to which the Client may be bound.
Client Authority. Client represents and warrants that it is and will at all relevant times remain duly and effectively authorized to give the instruction set forth in Section 3.4 below on behalf of itself.
Client Authority. If this Agreement is entered into by a trustee or other fiduciary, including but not limited to someone meeting the definition of fiduciary under the Employee Retirement Income Security Act of 1974 (“ERISA”) of an employee benefit plan subject to ERISA (an “ERISA Plan”), such trustee or other fiduciary represents and warrants that Client’s participation in the Program is permitted by the relevant governing instrument of such plan, and that Client is duly authorized to enter into this Agreement. Client agrees to furnish IAR and LPL with such document as they shall reasonably request with respect to the foregoing. Client further agrees to advise LPL and IAR of any event which might affect this authority or the validity of the Agreement. If Client is an ERISA Plan, Client additionally represents and warrants that the person executing and delivering this Agreement on behalf of Client is a “named fiduciary” (as defined under ERISA) who has power under the ERISA Plan to appoint LPL and IAR to provide the services under this Agreement. If Client is an ERISA Plan, Client shall obtain and maintain during the term of this Agreement any bond required by ERISA or other applicable law with respect to fiduciaries and shall include LPL within the coverage of such bond. If Client is a corporation, the party executing this Agreement on behalf of Client represents that execution of this Agreement has been duly authorized by appropriate corporate action.
Client Authority. If the Client is not a natural person, the Client represents it is authorized to execute this Agreement and terms of this Agreement do not violate any of Client’s legal or other obligations. The Client agrees Advisor will not be liable for any losses, costs or claims suffered or arising out of the Client’s lack of authority.
Client Authority. Client represents that he or she is a natural person who is at least 18 years old. Client agrees to promptly notify LPL in the event that his or her country of residence or citizenship status changes, and Client acknowledges and agrees that such notification may result in termination of his or her account by LPL under Section 10 below if LPL does not service accounts in the new jurisdiction. Client is not an employee benefit plan subject to the Employee Retirement Income Security Act of 1974, as amended (“ERISA”) or an entity whose assets are treated as “plan assets” for purposes of ERISA (“ERISA Plan”). Client represents that he or she is duly authorized to enter into this Agreement As discussed more fully above, LPL, Advisor and FutureAdvisor do not undertake to provide advisory services under this Agreement until the Account has been accepted by LPL.
Client Authority. If this Agreement is entered into by a trustee or other fiduciary, including but not limited to someone meeting the definition of "fiduciary" under the Employee Retirement Income Security Act of 1974 ("ERISA") of an employee benefit plan within the meaning of ERISA, such trustee or fiduciary represents and warrants that Client's participation in the Account is permitted by the relevant governing instrument of such plan, trust or other fiduciary relationship, and that Client is duly authorized to enter into this Agreement. Client agrees to furnish Royal Alliance with such instruments, upon reasonable request. Client further agrees to notify Royal Alliance of any event, which might affect this authority or the validity of the Agreement. If the Account is an ERISA Account and Client is electing discretionary services, Client additionally represents and warrants (i) that the governing instruments provide that an “investment manager” as defined under ERISA may be appointed, and (ii) that the person executing and delivering this Agreement on behalf of Client is a “named fiduciary” (as defined under ERISA) who has the power under the plan to appoint an investment manager. If Client is a corporation, the party executing this Agreement on behalf of Client represents that execution of this Agreement has been duly authorized by appropriate corporate action. The person signing this Agreement as a fiduciary of a Client agrees to indemnify and hold harmless Advisory Representative, Royal Alliance, Custodian and their respective officers, directors, agents, employees and affiliates from and against all losses, costs (including attorney’s fees and court costs), or damages, whether direct, indirect, special, incidental, consequential, punitive, or otherwise of any kind, claims, demands, proceedings, suits and actions, and all liabilities and expenses resulting from, in connection with, or arising out of any actions taken or not taken by Royal Alliance or its affiliates in reliance on representations made by such fiduciary.
Client Authority. IF CLIENT IS AN INDIVIDUAL, CLIENT REPRESENTS THAT HE OR SHE IS OF LEGAL AGE. IF CLIENT IS A CORPORATION, PARTNERSHIP, LIMITED LIABILITY COMPANY OR OTHER TYPE OF ENTITY, THE PERSON SIGNING THIS AGREEMENT FOR THE CLIENT REPRESENTS THAT HE OR SHE HAS BEEN AUTHORIZED TO DO SO BY APPROPRIATE ENTITY ACTION. IF THIS AGREEMENT IS ENTERED INTO BY A TRUSTEE OR OTHER FIDUCIARY, THE TRUSTEE OR FIDUCIARY REPRESENTS THAT HFA’S INVESTMENT MANAGEMENT STRATEGIES, ALLOCATION PROCEDURES, AND INVESTMENT MANAGEMENT SERVICES ARE AUTHORIZED UNDER THE APPLICABLE PLAN, TRUST, OR LAW AND THAT THE PERSON SIGNING THIS AGREEMENT HAS THE AUTHORITY TO NEGOTIATE AND ENTER INTO THIS AGREEMENT. CLIENT WILL INFORM HFA OF ANY EVENT THAT MIGHT AFFECT THIS AUTHORITY OR THE PROPRIETY OF THIS AGREEMENT.
Client Authority. If Client is a not a natural person (i.e., a corporation, partnership or limited liability company or trust), the person signing this IMA represents and warrants that he or she is authorized to do so by the governing documents of the Client, and that the terms of this IMA do not violate any of the governing documents of the Client or any other IMA to which the Client is bound. Client will inform Advisor of any event that might affect the authority or propriety of this IMA.
