Transfer on Death (“TOD”) Agreement

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Transfer on Death (“TOD”) Agreement
ALL TOD ACCOUNTS ARE SUBJECT TO RECEIPT AND ACCEPTANCE BY MORGAN STANLEY SMITH BARNEY LLC (“MSSB”).
THIS AGREEMENT MAY HAVE SIGNIFICANT PROBATE AND ESTATE AND GIFT TAX CONSEQUENCES.
Important Note to Clients: The privilege of registering securities accounts in TOD form is created by state law and not all states have
enacted such laws. Clients residing in states which have not enacted the Uniform Transfer on Death Security Registration Account or
a similar law may not establish a TOD Account. Clients residing outside of the U.S. may establish a TOD account based on the laws
of the state where their account is maintained however, these clients must acknowledge that the TOD designation may be challenged
under the laws of their respective jurisdiction and indemnify and hold harmless MSSB from any liabilities or damages that may
arise in the event of such challenge. MSSB cannot advise whether the TOD designation is or is not an appropriate component of an
individual client’s tax and estate planning. Clients should always consult with their own legal and tax advisors before electing (or
revoking) the TOD account designation.
The Account Owner(s) whose signature(s) appears below hereby
request(s) that Morgan Stanley Smith Barney LLC, and applicable
affiliates (“MSSB”) establish one or more Transfer on Death
accounts (“TOD Account”) and in consideration for this action
agrees that this Agreement, in addition to the Client Agreement
and any other applicable written agreements between MSSB
and Account Owner, shall govern each TOD Account. The
TOD Account is subject to the Rules of the Securities Transfer
Association (“STA”) as well as this Agreement. Any MSSB TOD
Account shall be registered in this form: “[Account Owner] TOD
[Beneficiary] Subject to STA TOD Rules.”
1. Definitions
a) “Account Owner” means the person or persons identified as
owning the TOD Account. The Account Owner must be a
natural person and, in the case of more than one person, must
be joint tenants with rights of survivorship or tenants by the
entireties. Account Owners may not own the TOD Account
as tenants in common or in any form of community property.
For joint tenancy accounts, all references to the singular shall
be construed as referring to all joint tenants. Communications
or instructions to MSSB regarding the TOD Account must
be signed by all Account Owners. Obligations of the Account
Owner are deemed obligations of all Account Owners, jointly
and severally.
b) “Beneficiary” means the person(s) or entity(ies) designated
in the latest accepted TOD Beneficiary Designation Form
(located at the end of this Agreement) who will succeed to
ownership of the TOD Account upon the death of the Account
Owner. Throughout this Agreement, the term “Beneficiary”
in the singular shall be deemed to include the plural, if
applicable. If more than one Beneficiary is designated, MSSB
will assume each is entitled to an equal share of Account Assets
unless the Account owner designates an unequal division.
Any person or entity, except a custodian under the Uniform
Gifts to Minors Act (but not excluding a custodian under
the Uniform Transfers to Minors Act (“UTMA”)), may be
designated as a Beneficiary. NOTE: A minor is not legally able
to sign a contract, including the account agreement to open an
account. As a result, if the named beneficiary is a minor under
applicable state law (generally, under age 18), a custodian
under the UTMA law should be named in order to avoid the
expense of obtaining a court order naming a conservator for
the minor (see TOD Beneficiary Designation Form). If you
fail to name a UTMA custodian, and the amount to be paid
to the minor exceeds $10,000 (or such other amount as set
forth in applicable state law), then a conservator will have to
be appointed by the appropriate court. The conservator would
then have the right to act as UTMA custodian for the minor
and open an account for the benefit of the minor.
c) “Death of the Account Owner” means death of the last
surviving Account Owner (which is the sole Account Owner in
the case of single-name ownership).
d) “Account Owner’s Estate” means the probate assets of the
last-deceased Account Owner, under the administration
of a duly appointed executor, administrator or personal
representative.
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e) “TOD Account Assets” means the assets of the TOD Account
which are eligible for distribution upon the Death of the
Account Owner in accordance with this Agreement.
f ) “Received and Accepted” means actual receipt of all required
documentation by MSSB prior to the death of the Account
Owner. Acceptance will be evidenced by the placement or
removal of the TOD Account beneficiary’s name in the account
title of the TOD Account.
2. Establishment of TOD Account
Account Owner desires that upon the Death of the Account
Owner, the TOD Account Assets shall be transferred to the
Beneficiary. In the case of multiple Beneficiaries, TOD Account
Assets, insofar as possible, will be divided into separate shares and
each Beneficiary’s share will be transferred to a separate account.
In the event fractional shares result from a TOD distribution,
these shares will be liquidated and the net proceeds distributed in
accordance with the percentages stated on the TOD Beneficiary
Designation Form. Account Owner understands that the
non-probate features of the TOD Account apply only to eligible
assets held in the TOD Account at the time of the death of the last
surviving Account Owner. Any assets transferred out of the TOD
Account prior to the death of the last surviving Account Owner
shall not pass to the Beneficiary pursuant to this Agreement.
3. Ineligible Assets and Accounts
The following assets or accounts held at MSSB are not eligible for
TOD Account registration:
Fixed Annuities
Limited Partnerships
Variable Annuities
Life Insurance
Certain Mutual Funds* Futures
Precious Metals
DVP/RVP Accounts
IRA or Other
(physical and Retirement
certificated)Accounts
Securities Held in Safekeeping Transfer & Ship Accounts
(Note: Other assets or accounts not delineated above may be eligible
or ineligible for TOD Account registration. MSSB reserves the right to
make eligibility determinations in its sole discretion.)
Any ineligible assets which may be carried in the TOD Account
upon the death of the last surviving Account Owner will not
pass to the designated beneficiary under the TOD designation
and may be subject to probate.
4. Designation of Beneficiary
a) Identification of Beneficiary: No contingent, unborn
or successor beneficiary may be designated. The Account
Owner must identify the Beneficiary on the MSSB TOD
Beneficiary Designation Form (which is located at the end of
this Agreement), and in the case of multiple Beneficiaries, the
Account Owner must also identify the percentage of TOD
Account Assets each Beneficiary is to receive. This Form is, by
this reference, specifically incorporated into this Agreement and
made a part hereof.
b) Change of Beneficiary: An Account Owner may change the
designated Beneficiary by completing a new TOD Beneficiary
Designation Form. The Form must be signed by all Account
Owners and accepted by MSSB prior to the death of the
Account Owner. No change of Beneficiary shall be effective
until it is received and accepted by MSSB. The execution
and acceptance of a new TOD Beneficiary Designation Form
automatically revokes all prior Beneficiary Designations.
(Note: Be advised that in the case of joint Account Owners,
the surviving Account Owner is free to amend or revoke any
Beneficiary designation.)
c) Revocation of Beneficiary: An Account Owner may revoke a
Beneficiary designation by delivering a signed instruction letter
to the branch office servicing the TOD Account. The letter
must be signed by all Account Owners. A revocation shall not
be effective until it is received and accepted by MSSB.
d) Death of Beneficiary: If a single Beneficiary predeceases the
Account Owner, or if a trust or other entity which has been
named as the single Beneficiary has dissolved or terminated
prior to the death of the Account Owner, the TOD Account
Assets will be treated as belonging to the Account Owner’s
Estate. In the case of multiple Beneficiaries, if any Beneficiary
predeceases the last surviving Account Owner, or if a trust
or other legal entity which is a Beneficiary has dissolved
or terminated prior to the death of the Account Owner,
that Beneficiary’s share of the TOD Account Assets shall
be equally divided among the surviving Beneficiaries. If all
Beneficiaries have predeceased the Account Owner, the TOD
Account Assets become part of the Account Owner’s Estate.
If a Beneficiary survives the Account Owner but is not alive
at the time of the transfer of the TOD Account Assets, the
* Mutual fund positions where MSSB is broker-dealer of record but which are held directly at the fund company (not custodied at
MSSB) are not eligible for TOD account registration.
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TOD Account Assets will become part of the estate of that
Beneficiary.
e) Incapacity of Beneficiary. If at the time of the Account
Owner’s Death the Beneficiary is a minor or an incapacitated
adult who is represented by a duly appointed guardian,
conservator or custodian (“Beneficiary’s Nominee”), MSSB
may distribute the TOD Account Assets to the Beneficiary’s
Nominee and be fully released thereby. If no Beneficiary’s
Nominee has been properly appointed, or if the Beneficiary’s
Nominee is unable or refuses to accept delivery of the TOD
Account Assets, MSSB may, but shall have no obligation to,
seek appointment of a substitute Beneficiary’s Nominee for
the sole purpose of accepting delivery of the TOD Account
Assets, and be fully released thereby, offsetting the reasonable
expenses of doing so against the TOD Account Assets. If
after a reasonable time following the Death of the Account
Owner, no Beneficiary’s Nominee or appropriate substitute
has accepted the TOD Account Assets, MSSB may distribute
the TOD Account Assets to the Account Owner’s Estate and
be released thereby.
f ) Spouse as Beneficiary: A dissolution of marriage automatically
revokes a TOD Beneficiary designation of the former spouse
of the Account Owner, unless the Account Owner notifies
MSSB in writing that the former spousal designation should
be retained. If no notice is received as stated above, and the
former spouse is the sole Beneficiary designated, all TOD
Account Assets will become part of the Account Owner’s Estate
if the Account Owner dies prior to changing the Beneficiary
designation. In the case of multiple Beneficiaries, the share
of the former spouse shall be equally divided among the
surviving Beneficiaries. If all the Beneficiaries have predeceased
the Account Owner, the TOD Account Assets become
part of the Account Owner’s Estate. MSSB, however, shall
not be responsible for ascertaining the marital status of the
Account Owner and may distribute the TOD Account Assets
in accordance with the latest executed and accepted TOD
Beneficiary Designation Form unless written notice of the
marital dissolution in a form satisfactory to MSSB has been
received and accepted by MSSB.
g) Disclaimer: Should any Beneficiary disclaim the TOD
Account Assets, in whole or in part, in the manner provided by
law, the beneficiary shall be treated as predeceasing the Account
Owner and the provisions of paragraph 4 shall apply.
5. Execution of Transfer to Beneficiary
In order for MSSB to transfer the TOD Account Assets to the
Beneficiary (“TOD Transfer”), the following must be presented
at the MSSB branch servicing the TOD Account and accepted by
MSSB:
a) Proof of death of the Account Owner (i.e. a certified
death certificate);
b) Affidavit of Domicile;
c) Estate Tax Waiver, if required by the applicable state;
d) An affidavit sworn to by the Beneficiary or by the personal
representative of the Account Owner’s Estate (and in such
case, accompanied by letters of administration or letters
testamentary dated not more than ninety (90) days prior to the
affidavit) in a form provided by MSSB.
e) Such additional information or documents as MSSB deems
necessary or appropriate to execute the TOD transfer.
In the case of multiple Beneficiaries, provided the above items
are submitted and accepted by MSSB, MSSB may deal with any
Beneficiary provided such Beneficiary provides identification
satisfactory to MSSB in its sole discretion.
6. Rights and Obligations of MSSB and
Account Owner
MSSB reserves the right to liquidate any outstanding security
subject to expiration or leveraged securities positions before
transfer to a Beneficiary and any margin or other indebtedness
of Account Owner must be satisfied prior to a transfer of TOD
Account Assets unless otherwise agreed to by MSSB. Where
necessary to adhere to the distribution specifications of the
Account Owner, MSSB is authorized (but not obligated) to
liquidate securities positions of its choosing without the
consent of any or all of the beneficiaries.
With respect to securities in the TOD Account, MSSB shall not
be responsible to the Beneficiary for dividends, interest and/or
other distributions paid after the Death of the Account Owner
but before re-registration of the securities or securities account
in the name of the Beneficiary. MSSB shall have no liability to
the Beneficiary, and the Beneficiary shall have no claims against
MSSB, for distributions that may be made to the Account Owner
or its authorized representative after the Death of the Account
Owner but prior to the re-registration of the securities or the
securities account in the name of the Beneficiary.
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Should MSSB receive notice of the Death of the Account Owner,
MSSB has no obligation to (a) verify the Account Owner’s death
or the Account Owner’s marital status at death, (b) locate the
Beneficiary, (c) notify any person of any transfer of the TOD
Account Assets, or (d) independently verify any information
submitted. Because it is the Beneficiary’s responsibility to initiate
transfer of the TOD Account Assets, MSSB is expressly not liable
for any loss that could occur following the Death of the Account
Owner and prior to proof of Beneficiary’s entitlement to the TOD
Account Assets and the transfer thereof.
The Estate of the Account Owner shall be liable for any net debit
balance or loss in the TOD Account in any way resulting from the
completion of transactions initiated prior to the receipt by MSSB
of written notice of the Death of the Account Owner.
MSSB may refuse to transfer the TOD Account Assets, or any
portion thereof, to the Beneficiary if MSSB receives notice from
any claimant to an interest in the TOD Account Assets.
7. In the Event of a Dispute
In case of a dispute concerning transfer between or among the
Beneficiary, the Account Owner’s Estate, or the Account Owner’s
surviving spouse, heirs, creditors, representatives, or any other
person or entity, MSSB may require the parties in interest to arrive
at a final resolution by adjudication, arbitration or other method
acceptable to MSSB, prior to transferring any TOD Account Assets.
MSSB, in its sole discretion, may at any time suspend all activity in,
or distributions from, the TOD Account pending instructions from
a court or arbitration forum of competent jurisdiction.
8. Arbitration
This Agreement contains a predispute arbitration clause. By
signing an arbitration agreement the parties agree as follows:
• 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 scheduled hearing date.
• The panel of arbitrators may 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 in 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.
The Account Owner agrees that all claims or controversies,
whether such claims or controversies arose prior, on or
subsequent to the date hereof, between the Account Owner
and MSSB and/or any of its present or former officers,
directors, or employees concerning or arising from (i) any
account maintained by the Account Owner with MSSB
individually or jointly with others in any capacity;
(ii) any transaction involving MSSB or any predecessor or
successor firms by merger, acquisition or other business
combination and the Account Owner, whether or not
such transaction occurred in such account or accounts; or
(iii) the construction, performance or breach of this or any
other agreement between the Account Owner and MSSB
any duty arising from the business of MSSB or otherwise,
shall be determined by arbitration before, and only before,
any self-regulatory organization or exchange of which
MSSB is a member. The Account Owner may elect which of
these arbitration forums shall hear the matter by sending a
registered letter or other written communication addressed
to Morgan Stanley at 485 Lexington Avenue, 11th Floor,
New York, N.Y. 10017, Attn: Legal and Compliance Division.
If the Account Owner fails to make such election before the
expiration of five (5) days after receipt of a written request from
MSSB to make such election, MSSB shall have the right to
choose the forum.
No person shall bring a putative or certified class action to
arbitration, nor seek to enforce any predispute arbitration
agreement against any person who has initiated in court a
putative class action; or who is a member of a putative class
who has not opted out of the class with respect to any claims
encompassed by the putative class action until: (i) the class
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certification is denied; (ii) the class is decertified; or (iii) the
person 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.
The statute of limitations applicable to any claim, whether
brought in arbitration or in a court of competent jurisdiction,
shall be that which would be applied by the courts in the state in
which the Account Owner resides or if the Account Owner does
not reside in the United States, the statute of limitations shall be
that which would be applied by the courts in the state where the
MSSB office servicing the Account Owner’s account is located.
9. Third Parties
A duly appointed guardian or conservator, or an agent acting under
a durable power of attorney, may effect transactions within, or
transfers from, the TOD Account to the extent of their authority,
but may not change the designation of Beneficiary. No guardian,
conservator, attorney-in-fact, or other agent of the Account Owner
may establish or change the Beneficiary of a TOD Account on
behalf of their principal or ward.
10. Conflict with Will or Trust
Upon the Death of the Account Owner, the Beneficiary assumes
control of the TOD Account Assets even if the Account Owner’s
will, trust, or other instrument provides for a contrary or
inconsistent disposition. Changes with respect to the Beneficiary
may only be effected in accordance with paragraph 4(b) of this
Agreement and MSSB is specifically directed to disregard any and
all contrary or inconsistent dispositions.
11. Change of Residence by Account Owner
The privilege of establishing and maintaining TOD Accounts
is created by state law and not all states have enacted TOD
legislation for their residents. However, once a client has
established a MSSB TOD account, MSSB will continue to treat
the account as such in reliance on the continued effectiveness of
this TOD Agreement under the laws of the state in which it was
established, without regard to subsequent changes in the Account
Owner’s state of residence, even if the Account Owner moves
to a non-TOD Jurisdiction. MSSB shall have no obligation
to advise the Account Owner as to the validity of any TOD
registration upon a change of residence of the Account Owner.
Account Owner acknowledges that it is Account Owner’s sole
responsibility to determine the validity of the TOD Account
upon a change of residence.
12. Indemnification
Account Owner specifically directs MSSB to make the TOD
distribution in accordance with this Agreement and the last
executed and accepted TOD Beneficiary Designation Form.
Account Owner agrees that MSSB shall be fully released and
discharged from all liability upon payment to the designated TOD
Beneficiary and on behalf of itself, its estate, heirs, executors,
administrators, beneficiaries and assigns agrees to indemnify and
hold harmless MSSB, its directors, officers, employees, agents,
assigns and successors from and against all claims, liabilities, losses,
costs and expenses (including attorneys fees) which it may incur by
acting in accordance with the aforesaid directive. This indemnity
shall include but not be limited to claims by any person, taxing
authority or entity in relation to the TOD Account assets either
prior or subsequent to their distribution to the designated TOD
Beneficiary. MSSB shall be entitled to recover the full amount of
this indemnity from the assets of the TOD Account or any other
accounts maintained by the Account Owner at MSSB, prior to
any distribution or transfer.
13. Spousal Consent
In order to avoid potential conflicts with applicable state laws in
Alaska, Arizona, California, Idaho, Nevada, New Mexico, Texas,
Washington and Wisconsin, married Account Owners from these
states who do not designate their spouse as the sole beneficiary of
the TOD account must obtain the written consent of their spouse
in the space indicated below. Failure to obtain such consent may
subject the TOD beneficiary designation(s) to challenge upon
the death of the Account Owner. MSSB will not be responsible
for determining or recognizing the marital status of the Account
Owner at any time during the existence of the TOD account
including the time of distribution and will make the TOD
distribution in accordance with the direction and indemnification
contained in the paragraph entitled “Indemnification.”
14. Legal and Tax Implications
Account Owner acknowledges that the features of a TOD Account
contain certain legal and tax implications. MSSB cannot advise
whether the TOD designation is or is not appropriate for the
Account Owner’s tax or estate planning. Account Owner agrees
that it will consult its own independent legal or tax advisor prior
to establishing a TOD Account and by signing this Agreement,
acknowledges that neither MSSB, nor any of its employees, has
furnished such advice.
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15. Miscellaneous
a) MSSB reserves the right to refuse to accept or renew this
Agreement, and may terminate it at any time, in its sole
discretion and for any reason.
b) If any provision hereof is or at any time should become
inconsistent with any present or future law, rule or regulation
of any securities or commodities exchange or of any state or
other sovereign government or an agency or regulatory body
thereof and if any of these entities have jurisdiction over
the subject matter of this Agreement, said provision shall be
deemed to be superseded or modified to conform to such law,
rule or regulation, but in all other respects this Agreement shall
continue and remain in full force and effect.
c) MSSB shall have the right to amend this Agreement upon
written notice to the Account Owner by modifying or
rescinding any of its existing provisions or by adding a new
provision. Any such amendment shall be effective as of a date
established by MSSB.
d) No failure to exercise, nor any delay in exercising, on the part
of MSSB, any right or remedy hereunder shall operate as a
waiver thereof, nor shall any single or partial exercise of any
right or remedy prevent any further or other exercise thereof
or the exercise of any other right or remedy. The rights and
remedies herein provided are cumulative and not exclusive of
any rights or remedies provided by law.
e) A change by MSSB of the account number designating the
TOD Account shall not affect this Agreement or the TOD
designation established herein.
f ) All paragraph headings of this Agreement are for convenience
only, and do not affect the meanings or interpretation of this
Agreement.
h) The provisions of this Agreement, including the indemnities
stated herein shall be binding upon the Account Owner’s
estate, beneficiaries, heirs, executors, administrators, successors
and assigns, shall inure to the benefit of MSSB and its
successors and assigns and shall survive the termination of this
Agreement or the TOD Account.
16. Governing Law
Except for statutes of limitation applicable to claims, this
Agreement and all the terms herein shall be governed and
construed in accordance with the laws of the State of New York
without giving effect to principles of conflict of laws.
17. Agreement of Account Owner not
Residing in the United States
The Account Owner resides outside the United States and desires
to establish a TOD Account.
The ability to open the TOD Account is dependent on the
Account Owner’s successful invocation of the laws of the State in
which the assets are located. In consideration of MSSB agreeing
to open or maintain a TOD Account under the laws of the State
in which the assets are located, the Account Owner individually
and on behalf of the applicable beneficiaries of the TOD
Account does hereby agree to indemnify, hold harmless, release
and forever discharge MSSB and each of its present and former
employees, officers, directors, principals, agents, heirs, executors,
administrators, predecessors, successors, assigns, representatives,
parents, subsidiaries, affiliates, and attorneys from any and all
liabilities or claims that the Account Owner or the applicable
beneficiaries of the TOD Account have or ever may have against
MSSB arising from any claim or determination that the gift or
transfer is invalid under applicable law.
g) This Agreement may not be modified except in writing, signed
by an authorized officer of MSSB. This Agreement may not be
assigned without the written consent of MSSB.
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TOD/Beneficiary Designation Form
The Account Owner(s) whose signature(s) appears hereon, hereby designates transfer on death (TOD) beneficiary(ies) for the MSSB
account currently carried under the account number stated above. This TOD Beneficiary Designation revokes all prior TOD Beneficiary
Designations made in relation to this account. This TOD Beneficiary Designation Form is a part of the Transfer on Death Agreement
executed by Account Owner(s) and by this reference is specifically incorporated into said Agreement. A percentage must be entered for
each beneficiary named, and the total MUST equal 100%.
ACCOUNT TITLE
Percent
Ownership
of Account
Assets: Equal
Shares Are
Assumed if
Left Blank
Information About Beneficiaries
Beneficiary 1
Beneficiary 2
Beneficiary 3
Beneficiary’s Full Name
Address
Phone Number (Optional)
Beneficiary Relationship to Account Owner
Name of Custodian (Under the UTMA in the event the Beneficiary is a minor)
Social Security Number (individual) or Tax ID (organization)
Names of Trustees (trusts) or Authorized Officers (other legal entities)
Beneficiary’s Full Name
Address
Beneficiary Relationship to Account Owner
Name of Custodian (Under the UTMA in the event the Beneficiary is a minor)
Social Security Number (individual) or Tax ID (organization)
Names of Trustees (trusts) or Authorized Officers (other legal entities)
Beneficiary’s Full Name
Address
Beneficiary Relationship to Account Owner
Name of Custodian (Under the UTMA in the event the Beneficiary is a minor)
Social Security Number (individual) or Tax ID (organization)
Names of Trustees (trusts) or Authorized Officers (other legal entities)
%
Phone Number (Optional)
%
Phone Number (Optional)
%
If a sole Account Owner is married and is a resident of Alaska, Arizona, California, Idaho, Nevada, New Mexico, Texas, Washington or
Wisconsin, and the spouse is not designated as the sole beneficiary, the spouse must sign the following consent in the presence of a Notary Public.
CONSENT OF SPOUSE:
By signing below, I declare that I am the spouse of the Account Owner of the MSSB TOD Account identified above, and I hereby consent to
the current designation of beneficiary(ies) of this Account. This Spousal Consent must be signed in the presence of a Notary Public.
SPOUSE’S SIGNATURE Signed in my presence this
DATE
day of
, 20
. Notary Public
.
ACCOUNT OWNER’S SIGNATURE
I understand that my accounts at MSSB, including this TOD Account, are governed by a predispute arbitration clause set forth
herein starting at page 4 paragraph 8.
PRINT NAME OF ACCOUNT OWNER ACCOUNT OWNER SIGNATURE
DATE
PRINT NAME OF ACCOUNT OWNER ACCOUNT OWNER SIGNATURE
DATE
© 2013 Morgan Stanley Smith Barney LLC. Member SIPC.
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