Joint Account Agreements
Joint Account Agreements
JOINT ACCOUNT AGREEMENT WITH RIGHT OF SURVIVORSHIP (THIS ACCOUNT TYPE NOT AVAILABLE IN QUEBEC. AVAILABLE ONLY TO THOSE PERSONS RESIDING AND DOMICILED IN JURISDICTIONS PERMITTING BENEFICIARY DESIGNATIONS OTHER THAN BY WILL.)
In consideration of Independent Direct, a division of Independent Trading Group (ITG) Inc. (“Independent Direct”), agreeing to operate, open or maintain a joint account with rights of survivorship for the applicant clients (the “Clients”), the Clients do hereby jointly and severally appoint Independent Trading Group (ITG) Inc. to be the Clients’ stock broker for the purpose of opening and maintaining one or more joint brokerage account(s) for the Clients. In consideration of Independent Direct carrying one or more joint account(s) for the Clients, the Clients jointly and severally agree that each of them shall have authority, all on behalf of said joint account(s) to operate such account(s) including: to buy and/or sell (including short sales) and trade in coins, securities of whatsoever nature or kind including options, commodities contracts relating to the same, commodity options and forward commodity and foreign exchange contracts (hereinafter collectively called “securities”) on margin or otherwise; to receive money, securities and property of every kind and to dispose of same; to receive demands, notices, confirmations, reports, statements of account and communications of every kind; to sign such authorizations, agreements and documents as Independent Direct may require pertaining to any of the foregoing matters and generally to deal with Independent Direct as fully and completely as if each of the Clients alone was interested in said account(s), all without notice to the other(s). Independent Trading Group (ITG) Inc. is authorized to act upon the instructions of any of the Clients in every respect regarding said joint account(s) and to make deliveries to any of the Clients or upon his instructions, of any or all securities in said account(s) and to make payments to any of the Clients, or upon his order, of any and all monies at any time or from time to time in said account(s) even if such deliveries and/or payments shall be made to any of the Clients personally, and not for the joint account of the Clients. In the event of any such deliveries of securities or payments of monies to any of the Clients, Independent Trading Group (ITG) Inc. is not bound or under duty or obligation to inquire into the application or disposition or the purpose or propriety of any such delivery of securities or payment of monies. All of the above pursuant to the terms and conditions of Independent Direct’s Client Account Agreement for Cash/Margin Accounts and/or Option Account Agreement for Option Accounts to which the Clients have agreed.
The Clients declare that their interests in the joint account(s) are as joint tenants with full rights of survivorship and not as tenants in common. In the event of death of either or any of the Clients, the entire beneficial interest in the joint account(s) shall vest in the survivor or survivors on the same terms and conditions as theretofore held without in any manner releasing the clients or their estates from the liability provided for in this agreement. The death of one of the Clients shall in no way affect the right of the survivor to withdraw all monies and to take delivery of all securities held in said account(s) as aforesaid, subject to compliance with all applicable laws relating to succession duties and estate and inheritance taxes.
In the event of the death of either of the Clients the survivor may continue to operate the account(s) under this agreement provided Independent Direct is immediately advised in writing at the Head Office of Independent Direct, a division of Independent Trading Group (ITG) Inc. at Toronto, Ontario of such death and Independent Trading Group (ITG) Inc. retains the right at its sole discretion to take such proceeding, require such estate tax and succession duties, waivers and consents to be provided by the survivor, and retain such portion of and/or restrict transactions in the account as Independent Trading Group (ITG) Inc. deems advisable to protect Independent Trading Group (ITG) Inc. against any tax, liability, penalty or loss under any present or future laws or otherwise.
This agreement is a continuing one and shall remain in full force and effect until terminated on behalf of the Clients by written notice to Independent Direct signed by either of the Clients, or their heirs, executors, administrators or legal representatives, but such termination shall not in any way affect any liability resulting from transactions initiated prior to such termination.
All notices given to Independent Direct hereunder shall be delivered to
Independent Direct at the Head Office of Independent Direct, a division of Independent Trading Group (ITG) Inc. at Toronto, Ontario and are not binding on Independent Direct unless acknowledged in writing and signed by the appropriate Designated Officer of Independent Direct.
The parties hereto have requested that this agreement be drawn up in the English language only. Les parties aux présentes ont demandé que cette convention soit rédigée en anglais uniquement.
This agreement shall be binding on all the clients jointly and severally, on their heirs, executors, administrators or legal representatives and on Independent Trading Group (ITG) Inc.’s successors and assigns.
JOINT ACCOUNT AGREEMENT AS TENANTS IN COMMON
In consideration of Independent Direct, a division of Independent Trading Group (ITG) Inc. (“Independent Direct”), agreeing to operate, open or maintain a joint account as tenants in common with rights of survivorship for the applicant clients (the “Clients”), the Clients do hereby jointly and severally appoint Independent Trading Group (ITG) Inc. to be the Clients’ stock broker for the purpose of opening and maintaining one or more joint brokerage account(s) for the Clients. In consideration of Independent Direct carrying one or more joint account(s) for the Clients, the Clients jointly and severally agree that each of them shall have authority, all on behalf of said joint account(s) to operate such account(s) including: to buy and/or sell (including short sales) and trade in coins, securities of whatsoever nature or kind including options, commodities contracts relating to the same, commodity options and forward commodity and foreign exchange contracts (hereinafter collectively called “securities”) on margin or otherwise; to receive money, securities and property of every kind and to dispose of same; to receive demands, notices, confirmations, reports, statements of account and communications of every kind; to sign such authorizations, agreements and documents as Independent Direct may require pertaining to any of the foregoing matters and generally to deal with Independent Direct as fully and completely as if each of the Clients alone was interested in said account(s), all without notice to the other(s). Independent Trading Group (ITG) Inc. is authorized to act upon the instructions of any of the Clients in every respect regarding said joint account(s) and to make deliveries to any of the Clients or upon his instructions, of any or all securities in said account(s) and to make payments to any of the Clients, or upon his order, of any and all monies at any time or from time to time in said account(s) even if such deliveries and/or payments shall be made to any of the Clients personally, and not for the joint account of the Clients. In the event of any such deliveries of securities or payments of monies to any of the Clients, Independent Trading Group (ITG) Inc. is not bound or under duty or obligation to inquire into the application or disposition or the purpose or propriety of any such delivery of securities or payment of monies. All of the above is pursuant to the terms and conditions of Independent Direct’s Client Account Agreement for Cash/Margin Accounts and/or Option Account Agreement for Option Accounts which the Clients have agreed to.
The liability of the Clients with respect to said account(s) shall be joint and several. The Clients hereby jointly and severally agree to indemnify and hold Independent Trading Group (ITG) Inc. and its affiliates harmless from, and to promptly pay Independent Trading Group (ITG) Inc. on demand, any and all losses arising from said joint account(s) or any debit balance due thereon. The Clients further agree jointly and severally that all property you may at any time be holding or carrying for any one or more of the Clients shall be subject to a lien in your favour for the discharge of the obligations of the joint account(s) to Independent Direct, such lien to be in addition to and not in substitution of any rights and remedies Independent Trading Group (ITG) Inc. otherwise would have. The Clients hereby waive separate notification to them of any of the aforementioned transactions and hereby ratify any and all transactions heretofore or hereafter made by any of the Clients for their joint account(s) with Independent Direct.
In the event of the death of any of the Clients, the interests in the tenancy as of the close of business on the date of death of the decedent (or on the following business day if the date of death is not a business day) shall be equal unless otherwise specified in writing in the new account application form or otherwise. Any taxes, costs, expenses or other charges becoming a lien against or payable out of the account as the result of the death of the decedent, or through the exercise by his or her estate representative of any rights in the account shall so far as possible, be deducted from the interest
of such decedent. This provision shall not release the decedent’s estate from any liability otherwise provided for in this Agreement.
In the event of the death of any of the Clients the survivor(s) shall immediately advise Independent Direct thereof in writing at the Head Office of Independent Direct, a division of Independent Trading Group (ITG) Inc. at Toronto, Ontario and Independent Trading Group (ITG) Inc. may, before or after receiving such notice, take such proceeding, require such estate tax and succession duties, waivers and consents, retain such portion of and/or restrict transactions in the account as Independent Trading Group (ITG) Inc. may, in its sole discretion, deem advisable to protect Independent Trading Group (ITG) Inc. against any tax, liability, penalty or loss under any present or future laws or otherwise.
This agreement is a continuing one and shall remain in full force and effect until terminated on behalf of the Clients by written notice to Independent Direct signed by any one of the Clients, or their heirs, executors, administrators or legal representatives, but such termination shall not in any way affect any liability resulting from transactions initiated prior to such termination.
All notices given to Independent Direct hereunder shall be delivered to Independent Direct at the Head Office of Independent Direct, a division of Independent Trading Group (ITG) Inc. at Toronto, Ontario and are not binding on Independent Direct unless acknowledged in writing and signed by the appropriate Designated Officer of Independent Direct. The parties hereto have requested that this agreement be drawn up in the English language only. Les parties aux présentes ont demandé que cette convention soit rédigée en anglais uniquement. This agreement shall be binding on all the Clients jointly and severally, on their heirs, executors, administrators or legal representatives and on Independent Trading Group (ITG) Inc.’s successors and assigns.
The Clients declare that they are the only persons having an interest in said account(s) and that their respective interest in the joint account is as tenants in common and in the proportions set forth in their New Client Application Form.
No securities commission or similar authority in Canada has in any way passed upon the merits of Options referred to herein and any representation to the contrary is an offense. This document contains condensed information respecting the Options referred to herein. Additional information may be obtained from your broker.