Page 16 | MerrillEdge Self-Directed CMA Agreement Code 470819PM-0824
also be issued to you in the form of a check. Any outstanding obligations
and/or debit balance(s) you may owe in your account(s), including any
annual and closing fees, will be paid prior to any checks being issued.
Liquidation of any security will likely be a taxable event and may incur fees,
including mutual fund contingent deferred sales charges, or other
applicable liquidation fees. Merrill recommends that you consult a tax
advisor to determine what result, if any, liquidation may have on your
tax situation.
256) Upon termination, you agree to promptly return all Visa cards and unused
checks to us and discontinue use of any other means of access to your
account. Failure to do so may result in a delay in complying with your
instructions as to the disposition of your assets.
Low balance donation
257) If Merrill terminates your account and your CMA account contains a
balance of less than $15.00, the balance may be donated to charity.
Ifyou choose, you have the right have your account balance transferred
to another financial institution or to direct Merrill to mail you a check for
the balance. However, if you fail to provide such instructions, Merrill will
donate this balance to charity. By not directing us to send you a check or
otherwise transfer your remaining balance, you are deemed to expressly
consent to this charitable donation.
Applicable laws and rules
258) This agreement, with respect to all portions of the Merrill Edge
Self-Directed CMA Account, including interest charges on loans
made to you, will be governed by and interpreted under the laws
of the State of New York. The terms of the agreement with
Bank of America, N.A., are governed by federal and North Carolina
law. Your rights and obligations for Remittance Transfers will be
governed by and interpreted as described in the section titled
“Remittance Transfers.”
259) All transactions in your account shall be subject to the constitution, rules,
regulations, customs and usages of the exchange or market and its
clearinghouse, if any, on which such transactions are executed by us or
our agents, including our subsidiaries and affiliates.
260) You may not use your account or relationship to the firm to process
transactions that are prohibited by law, including, but not limited to,
restricted transactions prohibited by the Unlawful Internet Gambling
Enforcement Act of 2006.
261) Wire transfers to your account or funded from your account or otherwise
funded by you may involve one or more funds transfer systems, including
without limitation, Fedwire or Clearing House Interbank Payments System
(CHIPS). Accordingly, notwithstanding any choice of law that may be
provided elsewhere in this agreement, such wire transfers will be governed
by the rules of any funds transfer system through which the transfers
are made, as amended from time to time, including without limitation,
Fedwire, the National Automated Clearing House Association, any regional
association (each an “ACH”) and CHIPS. Funds transfers through Fedwire
will be governed by and subject to, Regulation J, Subpart B, and Uniform
Commercial Code Article 4-A incorporated by reference hereunder. Wire
transfers through CHIPS are governed by, and subject to, CHIPS Rules
and Administrative Procedures and by the laws of the State of New York,
including Article 4A of the New York Uniform Commercial Code, regardless
of whether the payment message is part of a wire transfer that is a
Remittance Transfer, except that in the case of an inconsistency between
New York law and EFTA, EFTA shall govern.
262) Notice to all non-U.S. individual clients and U.S. citizens residing abroad:
Regardless of your citizenship, if you are living outside the U.S. at your
death, assets held in your account(s) with Merrill may be subject to U.S.
estate taxes. To ensure any U.S. estate tax liabilities are satisfied, U.S. law
imposes (i) a lien on all of your assets (both U.S.-situs and non-U.S. situs
assets) held with Merrill at your death and (ii) statutory executor status
on Merrill on behalf of the U.S. government at such time. As a result of
this lien and the potential liability of Merrill as statutory executor for any
unsatisfied U.S. estate tax, all of the assets in your account(s) with Merrill
at your death will be restricted from withdrawal or transfer until (a) Merrill
concludes that an exception applies based on an affidavit confirming your
total U.S. assets held at death, your country of citizenship (this exception
is not available for U.S. citizens), and your country of permanent residence;
(b) Merrill receives documentation satisfactory to Merrill confirming that
your assets are subject to a probate proceeding within the U.S.; or (c) a
release from the U.S. Internal Revenue Service (IRS), known as a “Federal
Transfer Certificate,” is provided to Merrill (obtaining this from the IRS can
take up to a year or more). As Merrill does not provide tax advice, please
seek guidance on this topic from your own legal or tax advisor.
263) If any provision of this agreement is held to be invalid, illegal, void or
unenforceable, by reason of any law, rule, administrative order or judicial
decision, such determination will not affect the validity of the remaining
provisions of this agreement.
Substitute payments
264) Merrill will aim to reduce the occurrence of circumstances that lead to
its clients receiving substitute interest or dividend payments for their
securities in lieu of payments from the issuer of the securities. For municipal
securities, we may do so by informing clients when such circumstances
arise in a transaction, and giving clients the opportunity to instruct us to
either: (i) cancel and correct the transaction in question if a cancellation
and correction can reasonably be executed or (ii) purchase a comparable
security if a comparable security is available for purchase. There may be
circumstances where a transaction cannot reasonably be cancelled or
corrected or a comparable security is not available for purchase, which
may lead to clients receiving substitute payments for their securities in
lieu of payments from the issuer of the securities. In addition, clients
may receive substitute payments for their securities under a number of
circumstances in normal business activities that may create a temporary
shortfall that results in Merrill holding an insufficient amount of the
securities at the Depository Trust Company to enable all our clients
to receive the actual payment from the issuer of the securities. Under
such circumstances, we have established policies and procedures to
determine which clients to allocate substitute payments to. Clients who
receive a substitute payment will see the payment indicated as such in their
account statements. Merrill iscommitted to ensuring that its clients are not
adversely impacted by their receipt of substitute payments. Therefore, to the
extent substitute payments are made to our clients, Merrill will “gross up”
substitute payments after the close of the year the payments are made with
an objective to compensate you for any federal, state, or local tax liabilities
that might be incurred, including an amount equal to the tax liability on
the gross up itself, in accordance with our policies, copies of which will be
provided upon request. If you believe the gross up amount received is not
sufficient to offset the tax liability incurred due to substitute payments,
please contact a Merrill Representative at 877.653.4732.
Investment in non-U.S. issued securities
265) If you trade and hold non-U.S. securities, you acknowledge and agree
that Merrill or its affiliates are, or may be, required to disclose customer
name and other identifying information, including Social Security number
or tax identification number, to regulators (including taxing authorities)
and/or issuers to comply with local law and/or custom and practice. For
example, we may be required to provide personal information in order to
meet local regulations that require the submission of investor names to
the local stock exchange, or an issuer may request residence and taxpayer
identification information in order to obtain favorable tax treatment, such
as lower withholding rates, for shareholders.
266) If you hold shares of Italian companies whose equity securities are traded
in any regulated market, you hereby represent that you only hold “Non-
Qualified Equity Investments” (Partecipazioni Non Qualificate). Youagree,
and acknowledge that it is your responsibility, to immediately inform
Merrill if this representation is inaccurate or untrue or if it becomes
inaccurate or untrue.
Disputes
267) If we believe there is a dispute concerning the control or ownership of
assets of the account, we may, but are not obligated to, take one or more
of the following actions, without any liability, until such dispute
is resolved to our satisfaction:
• Restrict activity in the account;
• Require that all instructions be in writing, signed by the account holder
or, if applicable, all account holders or persons claiming ownership or
authority to control the account;
• Suspend or terminate the Merrill Edge Self-Directed CMA Account;
and/or
• File an interpleader action in an appropriate court at the expense of the
account holder(s).