Your Account Agreement
Customer Acknowledgement
General Acknowledgement
- I have been given the opportunity to ask questions regarding my account and investments and my questions have been answered to my satisfaction;
- I understand investments will fluctuate in value, and the principal may be worth less than the amount originally invested;
- I understand that past performance is not a guarantee of future returns;
- I understand that if I have purchased a variable annuity in a qualified plan, the tax deferral benefit of a variable annuity is already provided, so I am purchasing it for other benefits such as death benefit or other riders;
- My Representative explained the following aspects of bonds and bond funds (if applicable) and my questions were answered to my satisfaction;
- The definition of a bond
- The difference between price and yield and their inverse relationship
- The difference between yield to maturity and yield to call
- The risks associated with bonds, including interest rate risk, call and reinvestment risk, refunding risk and sinking fund provisions, default and credit risk, and liquidity risk
- Bonds with special features, such as floating rate bonds, zero‐coupon bonds, secured bonds, guaranteed and insured bonds, convertible bonds, and junior or subordinated bonds
- Broker compensation for selling bonds
- The definition of a bond
- For investment advisory products, I received and reviewed the appropriate Form ADV Brochure; and
- Even if English is not my primary language, I can speak, read and understand English, including all Brokers Financial‐related documents and transactions conducted in English.
Prospectus / Offering Disclosure:
- I have received and reviewed the appropriate and current prospectus for each investment I am purchasing today;
- I understand that I may be subject to a new front‐end sales charge, a contingent deferred sales charge, or a surrender charge if I am switching products;
- I understand that certain investment products, including mutual funds, UITs (Unit Investment Trusts), REITs (Real Estate Investment Trusts), and DPPs (Direct Participation Programs) make available to investors the ability to obtain a reduced front-end sales charge; and
- My representative explained the availability of reduced front-end sales charges (if applicable) for each investment I am purchasing today, and discussed different ways to obtain the reduced front-end sales charge including, but not limited to, breakpoints, letters of intent, rights of accumulation, exchanges and reinstatement, and other eligible holdings that I have in related accounts.
Trade Errors:
- I understand that Brokers Financial will correct any trade error in a brokerage or advisory account as promptly as possible and that I am responsible for any losses if the trade error was determined to be my fault.
Assets at another Firm:
- I understand that if Brokers Financial is unable to service any of the assets that I currently hold at another firm, I have the right to:
- Retain the assets at my previous firm;
- Have the assets shipped to me in my name;
- Transfer the assets to an account designated by me; or
- Liquidate the assets.
- Retain the assets at my previous firm;
- I also understand that it is advisable to consider holding the above assets at my prior firm or transferring them to a designated account before considering their liquidation;
Regulation S-P (Privacy):
I received Brokers Financial’s Privacy Policy and I understand that I must notify Brokers Financial if I do not want my representative to utilize my personal information if he/she decides to change broker-dealer affiliations.
Bank / Credit Union Disclosure:
For sales through a bank, credit union or other financial institution, my representative verbally disclosed that securities products are offered by Brokers Financial and they are:
- Not FDIC / NCUSIF insured;
- Not guaranteed by the Bank / Credit Union; and
- May lose value.
Source of Funds:
I understand that Brokers Financial does not recommend the use of home equity assets for the purpose of investing and that the source of funds for this investment are not from my home equity.
PATRIOT Act:
I understand that federal law requires Brokers Financial to obtain, verify, and record information that identifies each customer opening a new account. Moreover, Brokers Financial may ask for identifying information, including a driver’s license or other government issued ID and may take steps to verify my identity.
Compensation Disclosure:
Brokers Financial receives compensation from product sponsors or their distributors for the sale of securities products. Brokers Financial or other product sponsors may, from time to time, at their expense, make additional payments to Brokers Financial’s Representatives that sell, make referrals, or provide services in connection with the sale of certain classes of fund shares or certain insurance products. Such payments may include payment reimbursement for costs associated with the purchase of products or services used in connection with sales and marketing of investment products. This can include expenses for conferences or seminars, sales or training programs, client entertainment, client and investor events and other sponsored events, travel expenses (including those in connection with training and educational meetings), client prospecting, retention and due diligence trips. The cost of this compensation may be directly or indirectly reflected in the fees for this product. The selling Representative may receive this compensation from Brokers Financial or from another entity through which business is placed.
Business Continuity plan Summary:
Brokers Financial understands the importance of ensuring continued access to funds and securities for our customers in the event a disaster significantly disrupts our home office operations. As a result, Brokers Financial has developed a Business Continuity Plan that describes how we will respond to events that significantly disrupt our home office operations.
In the event a significant business disruption affects the home office operations, we plan on continuing to conduct business during those disruptions and may relocate personnel to an alternative location. Our Brokerage and Advisory business is operated by our Clearing Firms located in different regions of the country and Brokers Financial’s customer data is maintained by GenTech in Denver, CO. These companies maintain business continuity plans that support our plan.
In the event of a significant business disruption at our home office, customers should directly contact their Brokers Financial’s representative or may contact our home office at 877-886-1939.
While we have a Business Continuity Plan in place, we cannot guarantee that we are able to recover as quickly as outlined above since the timing and impact of disasters are unpredictable. Our recovery may also be negatively impacted by the unavailability of third parties and/or other circumstances beyond our control. For more information – If you have questions about our business continuity planning, you can contact us at 877-886-1939. This plan is subject to modification as business and regulatory needs require.
Customer Agreement:
This Customer Agreement is between the Account Owner(s) (referred to as I or we) and Brokers International Financial Services, LLC (referred to as You)
1. Provisions in the event of Failure to Pay or Deliver. If I do not, on or before the settlement date, pay in full for any security purchased for the account, or deliver any security sold for such account, you are authorized (subject to the provisions of any applicable statute, rule or regulation) (a) Until payment or delivery is made in full, to pledge, repledge, hypothecate or rehypothecate, without notice, any or all securities or commodities or any other property, for the sum then due or for a greater or lesser sum and without retaining in your possession and control for delivery a like amount of similar securities, and/or (b) to sell any or all securities which you may hold for me (either individual or jointly with others), or to buy any or all securities required to make delivery for the account, or to cancel any or all outstanding orders or commitments for the account.
2. Cancellation Provisions. You are authorized, in your discretion, should I die or should you for any reason whatever deem it necessary for your protection, without notice, to cancel any outstanding orders in order to close out the accounts, in whole or in part, or to close out any commitment made on my behalf.
3. General Provisions. Any sale, purchase or cancellation authorized hereby may be made according to your judgment and at your discretion on the exchange or other market where such business is then usually transacted, or at public auction, or at private sale without advertising the same and without any notice, prior tender, demand or call; and you may purchase the whole or any part of such securities free from any right of redemption, and I shall remain liable for any deficiency. It is further understood that any notice, prior tender, demand or call from you shall not be considered a waiver of any provision of this agreement.
4. Successors. This agreement and its provisions shall be continuous, and shall inure to the benefit of your present organization, and any successor organization, assigns and/or beneficiaries, and shall be binding upon me and/or the estate, executors, assigns and/or beneficiaries.
5. Age. I, if an individual, represent that I am of full age.
6. Interest in Account. I am the only party with an interest in any of the accounts with you unless such interest is revealed in the title of such account and in any case the interest indicated in such title.
7. Orders and Statements. Reports of the execution of orders and statements of the account shall be conclusive if not objected to in writing. The former within two days and the latter within ten days, after forwarding by you to me by mail or otherwise.
8. Force Majeure. You shall not be liable for loss or delay caused directly or indirectly by war, natural disasters, government restrictions, exchange or market rulings or other conditions beyond your control.
9. Fees and Charges. I agree to the fees and charges on the fee schedule received by me. You may change the fee schedule from time to time. I agree that securities held within my account may be sold to offset any fee obligation related to my account, including expenses incurred by Brokers Financial in selling securities to offset the fee obligation. In the alternative, I may pay these fees by separate check if I prefer. The check must be received by you within 30 days from the date of the debt obligation is created. If my check is not received within 30 days, you will satisfy the fee obligation by selling securities held in my money market account or, if none, the security with least consequences to client. Commissions and ticket charges will be assessed if liquidation occurs.
10. Joint Accounts. This is a joint account, unless we notify you otherwise and required documentation is provided, the brokers account(s) shall be held by us jointly with right of survivorship (payable to either or the survivor of us). Each joint tenant irrevocably appoints the other as attorney‐in‐fact to take all action on his or her behalf and to represent him or her in all respects in connection with this Agreement. You shall be fully protected in acting but shall not be required to act upon the instructions of either joint tenant. Each of us shall be liable, jointly and individually, for any amounts due to you pursuant to this Agreement, whether incurred by either or both of us.
11. Address. Communications may be sent to me at the current address which is on file at your office, or at such other address as may hereafter be given to you in writing. All communications so sent, whether by mail, telegraph, messenger or otherwise, shall be deemed given to me personally, whether actually received or not.
12. Recording Conversations. I understand and agree that for our mutual protection you may electronically record any of our telephone conversations.
13. Arbitration
(a) Arbitration Requirement
This agreement contains a pre‐dispute arbitration clause. By signing an arbitration agreement the parties agree as follows:
(b) Arbitration Disclosure
- All parties to this agreement are giving up the right to sue each other in court, including the right to a trial by jury, except as provided by the rules of the arbitration forum in which a claim is filed.
- Arbitration awards are generally final and binding; a party’s ability to have a court reverse or modify an arbitration award is very limited.
- The ability of the parties to obtain documents, witness statements and other discovery is generally more limited in arbitration than in court proceedings.
- The arbitrators do not have to explain the reason(s) for their award, unless, in an eligible case, a joint request for an explained decision has been submitted by all parties to the panel at least 20 days prior to the first hearing date.
- The panel of arbitrators will typically include a minority of arbitrators who were or are affiliated with the securities industry.
- The rules of some arbitration forums may impose time limits for bringing a claim to arbitration. In some cases, a claim that is ineligible for arbitration may be brought in court.
- The rules of the arbitration forum, in which the claim is filed, and any amendments thereto, shall be incorporated into this agreement.
(c) Arbitration Agreement
Any and all controversies which may arise between broker, any of broker’s employees or agents, and client concerning any account, transaction, dispute or the construction, performance or breach of this or any agreement shall be submitted to arbitration conducted before the Financial Industry Regulatory Authority, in accordance with their rules. Arbitration must be commenced by service upon the other party of a written demand for arbitration or a written notice of intent to arbitrate, therein electing the arbitration tribunal.
No person shall bring a putative or certified class action to arbitration, nor seek to enforce any pre‐dispute arbitration agreement against any person who has initiated in court a putative class action; or who is a member of a putative class action who has not opted out of the class with respect to any claims encompassed by the putative class action until: (i) the class certification is denied; or (ii) the class is decertified; or (iii) the customer is excluded from the class by the court. Such forbearance to enforce an agreement to arbitrate shall not constitute a waiver of any rights under this agreement except to the extent stated herein.
14. Securities Investor Protection Corporation (SIPC). Investors seeking detailed information regarding SIPC, including the SIPC brochure, may call (202) 371-8300 or visit the SIPC website at www.sipc.org.
15. Financial Industry Regulatory Authority (FINRA). Investors seeking detailed information regarding securities regulations and disclosures may contact FINRA directly by telephone at the FINRA Broker Check Hotline number, 1(800) 289-999 or by email through their website at www.finra.org. An investor brochure is available that includes information describing the FINRA Broker Check on the website.