DBS Brokerage Account Customer Agreement
This is the agreement for your brokerage account (throughout, your “Account”). It describes the features and policies associated with your Account. You can access a copy of this agreement through the Plynk mobile application offered by DBS (the “mobile app”) or at plynkinvest.com/disclosures. Review this document and keep it in your records.
Who’s who in this agreement
In this document, “us,” “we,” and “our” refer to Digital Brokerage Services LLC (“DBS”) (and its employees, agents and representatives, as the context may require). “Green Pier” is Green Pier Fintech LLC, whom DBS has engaged to provide custody and clearing services. Green Pier and DBS are affiliated organizations.
The terms “Account owner,” “you,” and “your” refer to the owner indicated on the Account application.
Commitments between you and us
Our commitments to you
When we accept your Account application, we are agreeing to serve as your broker and to maintain an Account for you. We agree, subject to our acceptance of an authorized order, to buy, sell, or otherwise dispose of, or acquire, securities for you according to your instructions. We and Green Pier also agree to provide various services and features, as described below. DBS and Green Pier have no fiduciary responsibilities to you or to this Account; do not offer any tax, legal, or investment advice; do not and will not advise you on the suitability of any investment; and do not and will not provide any recommendations related to investments in accordance with the terms of this agreement.
Your commitments to us
Many of these commitments are spelled out more completely on the following pages, in the Digital Brokerage Services LLC Terms of Use (“Terms of Use”) located at plynkinvest.com/disclosures, which are fully incorporated into this agreement, and in the Electronic Delivery Agreement, which is fully incorporated into this agreement. When you sign the Account application, you agree:
- to accept full responsibility for the content and accuracy of all authorized instructions placed on your Account, and for all results and consequences of these instructions, including all investment decisions and trading orders and all instructions placed by you or any other person you authorize;
- to pay (in a timely manner) all fees, taxes, charges, and expenses incurred in your Account in accordance with the provisions of this agreement and the fee schedule in effect at the time (a current schedule is available at plynkinvest.com/disclosures and incorporated herein); for services we perform at your request that are not covered in our current fee schedule, you agree to pay the applicable fee;
- to maintain enough assets in your Account to satisfy all obligations as they become due, and to authorize us or Green Pier to take whatever steps we or Green Pier may consider necessary to resolve unpaid debts or other obligations;
- to use your Account and its features in accordance with this agreement and the Terms of Use;
- to let us or Green Pier monitor and/or record any phone conversations with you;
- to conduct business with DBS and its affiliates electronically, which necessarily includes having your personal financial information transmitted electronically, and to electronic delivery of all documents; and to receive your initial notice of our and Green Pier’s respective privacy policies electronically;
- to consent to communicate with us electronically; to receive all Account opening documents, ongoing Account and confirmation statements, and all other regulatory documents (including tax documents) electronically, including via the mobile app; and to access and review the mobile app frequently;
- to let us or Green Pier verify the information you provide;
- to let us or Green Pier share with third parties any information you provide, but only as required by law or as permitted by our and/or Green Pier’s respective privacy policies;
- Consistent with applicable law, to let us and/or our third party service providers use or share aggregated, anonymous, and non-personal data with clients, affiliates, and third parties.
- to resolve disputes concerning your relationship with us or Green Pier (other than class actions) through arbitration rather than in a court of law;
- to cooperate with us to investigate and resolve disputes related to transactions in your Account that are erroneous, fraudulent or violate applicable rules or regulations;
- to understand that whenever you invest, you are responsible for reviewing the prospectus and/or disclosure documents for the security purchased;
- to read a fund’s prospectus, including its description of the fund, the fund’s fees and charges, and the operation of the fund, whenever you invest in, or exchange into, any mutual fund (including any fund chosen for your core account if applicable);
- that unless you provide written notice to the contrary, we may supply your name and other information (including your Social Security/tax identification number) to issuers of securities held in your Account so that you can receive important information and participate in corporate actions regarding such securities;
- to comply with all applicable laws and regulations concerning trading in restricted securities and securities of issuers with whom you are affiliated;
- to be bound by the current and future terms of this agreement, from the time that you sign your Account application or first use your Account, whichever happens first;
- that we or Green Pier can change the core investment vehicle as discussed below (which is the investable cash you have available in your Account) at any time;
- that we or Green Pier may reject any transaction for any reason;
- to keep secure your Account number, username, and password, and any devices, such as mobile phones, you use in connection with your Account; and
- to be solely responsible for any losses incurred by DBS arising from your usage of market data and other information provided by third parties.
|
Using your brokerage Account involves risks, for which you assume full responsibility. As the Account owner, you are fully responsible for monitoring your Account and for all investment decisions and instructions concerning your Account. We have no responsibility for monitoring your Account or your investment decisions. Placing market orders during times when markets are volatile can be risky. Consider placing limit orders instead of market orders to manage some of the risk. Before you start using your Account or any account features, it is essential that you understand the terms, conditions, and policies that apply. You should also understand your relationship with DBS and Green Pier (as described herein, in the Green Pier Form CRS, and in the DBS Form CRS) as well as the conflicts of interest that exist as described in the Products, Services, and Conflicts of Interest disclosure document, available online at plynkinvest.com/disclosures. |
Account features
Securities Trading
When you place a trade, you may have a choice of order types, including market orders and limit orders. To find out how these different types of orders work, and for other helpful information, go to the mobile app. DBS or Green Pier may refuse to accept or execute any order or instruction related to your Account, for any reason and at any time, in its sole discretion.
Core Account
Your Account includes a core account that holds cash awaiting investment or withdrawal. Amounts credited to your core account will be held in the default core account investment vehicle (the “Core Position”). You consent to having your account funds held in the Core Position specified in your Account application. If your Core Position is a mutual fund, you acknowledge that you have received and read the prospectus for the Core Position.
DBS and/or Green Pier reserve the right to change the Core Position at any time. After your Account has been opened, there may be situations where your Core Position must be changed to another investment vehicle. You authorize DBS and/or Green Pier to select an alternative Core Position at their sole discretion, at any time and for any reason. In this event, you direct DBS to withdraw your assets from the then current Core Position and any or all of your cash awaiting investment or withdrawal may be placed into the alternative Core Position at any time. DBS will provide you notice of any change of the Core Position to another investment vehicle.
Routing of orders
DBS routes customer orders to its affiliated broker-dealer, Green Pier, which in turn sends orders to various exchanges or market centers for execution. In deciding where to send an order, Green Pier looks at a number of factors, such as size of order, trading characteristics of the security, favorable execution prices (including the opportunity for price improvement), access to reliable market data, availability of efficient automated transaction processing, and execution cost. Some market centers may execute orders at prices superior to the publicly quoted market. You acknowledge that Green Pier may send any order to any marketplace. Green Pier reserves the right to wait for the primary exchange to open before commencing trading in a particular security.
Statements and confirmations
Transaction confirmations and statements are available on the mobile app. Green Pier or DBS will notify you electronically when a statement is available:
- for every calendar quarter when you have a security position, money balance, or account activity.
- for any month when you have trading or core account activity.
Your statements will show all activity in your Account for the stated period, including securities transactions, cash balances, credits and debits to your core account, and all fees paid directly from your Account.
Green Pier or DBS will also provide confirmations for every securities transaction in your Account through the mobile app. The only exceptions are automatic investments, automatic withdrawals, automatic dividend reinvestments, and transactions that involve your core account; for these activities, your regular Account statement serves in place of a confirmation.
Account protection
The securities in your Account are protected in accordance with the Securities Investor Protection Act of 1970, as administered by the Securities Investor Protection Corporation (“SIPC”) for up to $500,000 (including up to $250,000 for uninvested cash). Neither coverage protects against a decline in the value of your securities, nor does either coverage extend to certain securities that are considered ineligible for coverage. For more details on SIPC, or to request an SIPC brochure, visit sipc.org, or call 202-371-8300.
Policies on transactions
Credits to your Account
During normal business hours, activity such as deposits and the receipt of settlement proceeds are promptly credited to your Account. All uninvested balances are automatically swept into your core account and invested in the Core Position daily. Credits to your Account may also occur after market hours or on days the market is not open.
Each deposit is promptly credited to your Account; however, the money may not be available to use until the deposit has cleared, which could take up to six business days, depending on your financial institution’s policies. We may decline to honor any debit that is applied against the money before the deposit has cleared. If a deposit does not clear, the deposit will be removed from your Account, and you are responsible for returning any interest you received on it. There may be circumstances when a credit to your Account may be rejected or require additional time to process, including, but not limited to, verification of the identity of the people involved in the transaction, fraud, scams, suspicious or illegal activity, duplicate payments, insufficient funds, and network or systems failures.
If we have reason to believe that assets were incorrectly credited to your Account, we may restrict such assets and/or return such assets to the account from which they were transferred.
Debits to your Account
All debit items are paid daily to the extent that sufficient funds are available. As the Account owner, you are responsible for satisfying all debits on your Account, including any debit balance outstanding after all assets have been removed from an Account and any costs that we and/or Green Pier incur in collecting the debit.
There may be circumstances when a debit to your Account may be rejected or require additional time to process, including, but not limited to, verification of the identity of the people involved in the transaction, fraud, scams, suspicious or illegal activity, duplicate payments, insufficient funds, and network or systems failures.
We and Green Pier may turn to any securities or funds in your Account to satisfy debits. To help ensure the proper discharge of debits, it is our policy to do the following when settling debits against your Account. If there are debits in your Account generated by activity occurring before the market close (4:00 p.m. Eastern Time each business day), these debits will be settled using your core account.
In the event that your Account does not contain sufficient cash, DBS and/or Green Pier may liquidate securities to satisfy a court order, levy, or any other legal process payment. Money market fund shares used to pay debits are redeemed at the share price in effect at the time.
If you want to opt out of the foregoing, please contact DBS for more information.
Service providers
Account clearing services are provided by Green Pier. Certain other services available through this Account are the property of DBS or the third parties from which DBS has obtained rights. Market data provided by national securities exchanges or associations remain the property of those entities.
Limits on Mutual Fund Trades
Because excessive trading in mutual fund shares can be detrimental to a fund and its shareholders, we may block account owners or accounts that engage in excessive trading from making further transactions in fund shares. A block on trading fund shares may be temporary or permanent and may apply only to certain mutual funds or all mutual funds, including Fidelity funds.
The decision to impose a block may originate with a mutual fund company or may be made by DBS at the brokerage account level, if DBS believes such a block is warranted. To see what a given fund company’s definition of “excessive trading” is, check the fund’s prospectus.
In addition, we may restrict or limit any transaction in any mutual fund or other investment company that we or an affiliate manages or advises if we believe the transaction could adversely affect the investment company or its shareholders.
Prohibited uses and actions
You are strictly prohibited from using your Account in conjunction with any business as a broker-dealer, trader, agent, or advisor in any type of security, commodity, future, or contract, or in any business or organization connected with individuals performing these functions. You are also prohibited from publicizing or sharing with anyone any information you obtain through your Account (such as securities quotes). In addition, be aware that we may freeze your Account or suspend certain privileges, features, or services at any time without notice, including for attempting to sell securities in your Account before you have fully paid for them.
Complying with applicable laws and regulations
In keeping with federal and state laws, and with securities industry regulations, you agree to notify us in writing by mail or through the mobile app if any of the following occur (with all terms in quotes defined as set forth in the Securities Act of 1933):
- you are, or later become, an employee or other “associated person” of a stock exchange, a member firm of an exchange or the Financial Industry Regulatory Authority, Inc. (“FINRA”), a municipal securities dealer, DBS, any DBS “affiliate,” Green Pier, or any “affiliate” of Green Pier;
- you are, or later become, an “affiliate” or “control person” (a control person or affiliate of a public company under SEC Rule 144, or an immediate family or household member of such a person) with respect to any security held in your Account;
- you are a senior foreign political figure, or a family member or close relative of a senior foreign political figure;
- you are the spouse of an associated person;
- you are the child of an associated person and you reside in the same household as such associated person or you are financially dependent on the associated person;
- you are otherwise related to an associated person who has control over your Account;
- an associated person materially contributes financial support to you and has control over your Account; and/or
- any transactions in your Account regarding securities whose resale, transfer, delivery, or negotiation must be reported under state or federal laws.
You also agree:
- if you are, or later become, an “associated person” of a member firm of an exchange or FINRA, that you have obtained consent of the “employer member” to open an account at DBS, and you authorize DBS upon request by an employer member to transmit copies of confirmations and statements, or the transactional data contained therein, with respect to all your Accounts;
- to ensure that your Account transactions comply with all applicable laws and regulations, understanding that any transaction subject to special conditions may be delayed until those conditions are met;
- that all transactions in your Account will be done for a legitimate purpose and none of the transactions in your Account will be fraudulent, abusive or unlawful; and
- to comply with any insider trading policies that may apply to you as an employee or “affiliate” of the issuer of a security.
We will assume that any securities or transactions in your Account are not subject to the laws and regulations regarding “restricted” and “control” securities unless you specifically tell us otherwise. If you or another individual associated with your Account moves outside the United States, DBS may at any time in its sole discretion terminate that relationship or modify your right to access any or all Account features, products, or services. By opening or maintaining an Account with DBS, you acknowledge that DBS does not solicit offers to buy or sell securities or any other product or service, to any person in any jurisdiction where such offer, solicitation, purchase, or sale would be unlawful under the laws of such jurisdiction.
Resolving unpaid debts or other obligations
If your available balance is not enough to satisfy a given debit, we and Green Pier reserve the right to take action as we see fit, including declining to honor the debit, which may result in fees or other consequences for you.
Note that at any time, we or Green Pier may reduce your available balance based on obligations that have been incurred but not yet debited.
It is important to understand that we and Green Pier have additional choices for resolving unsatisfied obligations. Like many other securities brokers, we and Green Pier reserve the right to sell, transfer, or otherwise use any assets or other property in which you have an interest—either currently or at any other time—to discharge any obligations you may have to us or Green Pier and to do so without further notice or demand.
We or Green Pier may also use property to satisfy any obligation. Although we or Green Pier may use other methods when we determine they may be more appropriate, we or Green Pier reserve the right to use the provisions described in this section at any time.
Transaction settlement deadlines
Unless notified to the contrary, you must pay for all purchase transactions by the settlement date. We and Green Pier reserve the right to cancel or liquidate, at your risk, any transaction not settled timely.
Stocks, Exchange Traded Funds (“ETFs”), and mutual funds settle generally in T+1 (i.e., one business day after the initial trade date). Orders placed outside market hours will pend until they are executed the next business day when markets are open, with settlement following the above guidelines. Orders placed when the markets are closed are subject to market conditions existing when the markets next open. Any equity necessary for trade approval will be based upon the most recent closing price of the security that you intend to buy or sell. Because of fluctuating market conditions, the ultimate execution price may differ from the most recent closing price. DBS and Green Pier reserves the right to refuse to accept any opening transactions for any reasons, at its sole discretion.
Use of Funds Held Overnight
As compensation for services provided with respect to accounts, Green Pier receives use of: amounts from the sale of securities prior to settlement and amounts that are deposited in the accounts before investment. Any above amounts will first be netted against outstanding account obligations. The use of such amounts may generate earnings (or “float”) for Green Pier or instead may be used by Green Pier to offset its other operational obligations. Information concerning the time frames during which Green Pier may have use of such amounts and rates at which float earnings are expected to accrue is provided as follows:
(1) Receipts. Amounts that settle from the sale of securities or that are deposited into your Account will generally be invested in the Core Position by close of business on the business day Geen Piers is in receipt of such funds. In certain circumstances, Green Pier gets the use of such amounts from the time it receives funds until the core account purchase settles. Note that amounts disbursed from an Account or purchases made in an Account may result in a corresponding “cost” to Green Pier. These “costs” may reduce or eliminate any benefit that Green Pier derived from the receipts described previously.
(2) Float Earnings. To the extent that such amounts generate float earnings, such earnings will generally be realized by Green Pier at rates approximating the Target Federal Funds Rate minus100 basis points.
Electronic Fund Transfer transactions
EFTs are transfers of money between your bank and DBS via Real Time Payment (“RTP”) or Automated Clearing House (“ACH”). RTP transactions are often completed instantly and typically settled in your Account within seconds. ACH transactions normally completed within three business days of your request and money deposited via ACH is typically settled in your Account within four to six business days. In some circumstances, funds received via EFT deposit may be available for securities trading before they are settled. The timeline for clearing and settlement of EFTs will depend on your individual bank provider. For an EFT deposit into your Account, the funds are typically made available for brokerage trading in your Account on the same day, but the funds will not be considered processed until your bank clears the transaction. Funds deposited via EFT are not available for withdrawal or crypto transactions until after they are settled.
For EFT transactions, you hereby grant us limited power of attorney for purposes of redeeming or selling any shares in your Accounts (with the right to make any necessary substitutions), and direct us to accept any orders to make payments to an authorized bank account and to fulfill these orders through the redemption or sale of shares in your Account. You agree that the above appointments and authorizations will continue until we receive written notice of any change, although we may cease to act as agents to the above appointments on 30 days’ written notice to your Account’s address of record. You further understand that DBS and/or Green Pier may notify you electronically or by phone when the EFT feature is set up or EFT transactions are initiated on your Account.
This Account does not support bank wire transfers nor checks.
In order to use the payment functionality on the mobile app, you must open a “Dwolla Account” provided by Dwolla, Inc. (“Dwolla”) and you must accept the Dwolla Terms of Service and Privacy Policy. Any funds held in or transferred through your Dwolla Account are held or transferred by Dwolla’s financial institution partners. You must be at least 18 years old to create a Dwolla Account. You authorize each of DBS and Green Pier to collect and share with Dwolla your personal information including full name, date of birth, social security number, physical address, email address and financial information, and you are responsible for the accuracy and completeness of that data. You understand that you will access and manage your Dwolla Account through the mobile app, and Dwolla account notifications will be sent by DBS or Green Pier, not Dwolla. DBS will provide customer support for your Dwolla Account activity, and can be reached at service@plynkinvest.com.
Standing Authorization for Transfer To and From Paxos Trust Company (“Paxos”)
If you choose to open a Paxos crypto trading account in the mobile app (“Paxos Account”), when you place a crypto trade order through the mobile app in your Paxos Account, you authorize a transfer between your Account and Paxos for the applicable amount of US dollars. Upon receiving a request from Paxos at the completion of a crypto purchase, you authorize us to withdraw the applicable amount of dollars from your Account and transfer it to Paxos. Upon the completion of a crypto sale in your Paxos Account, you authorize us to accept a deposit from Paxos into your Account for the applicable dollar proceeds. Your Paxos account is governed by the Paxos Exchange Terms and Conditions (“Paxos T&Cs”). Neither DBS nor Green Pier acts as your agent, receives, acquires or holds any of your digital assets, nor is otherwise responsible for transactions in your Paxos Account with Paxos Trust Company. You should read the Paxos T&Cs carefully and understand the terms of your relationship with Paxos.
Transfer on Death Registration
With transfer on death (“TOD”) registration, you designate a beneficiary or beneficiaries who will receive all monies, securities, or other assets held in your account upon the death of the Account owner (“Date of Death”). The beneficiary designation and disposition of assets made under TOD registration will take precedence over any disposition contained in other documents such as a will, trust, premarital or other legal document, even if specific reference is made therein to this agreement or to one or more specific accounts, or any oral or written agreement as to the disposition of eligible assets, except by court order received by DBS in time for it to act before it makes transfers under this agreement.
TOD designation is eligible on accounts with individual registrations only and is available for residents of all states in the United States except Louisiana. If you move to a state in which a TOD designation is not eligible, the TOD designation will be invalid. Accounts with any other registration (“ineligible accounts”) must be changed to an eligible account to qualify for TOD registration. If an eligible account is changed from an individual registration to a joint registration or if an eligible account is changed to an ineligible account, the TOD registration is terminated as of the date of such re-registration, and upon the Date of Death all assets in your account will be paid to the estate of the Account owner.
The Account owner may at any time change the named beneficiaries or revoke the beneficiary designations made under the TOD registration on the mobile app or in another form and manner acceptable to DBS. A subsequent beneficiary designation will revoke a prior designation of beneficiaries when the subsequent designation becomes effective (i.e., signed, delivered to, and accepted by DBS, and submitted in a form and manner acceptable to DBS) (“Effective Date”).
Except as provided with respect to descendants of the Account owner who become beneficiaries because the Account owner has selected per stirpes, changes in the relationship between the Account owner and any other beneficiary, including, but not limited to, subsequent marriage, dissolution of marriage, remarriage or adoption, will not automatically add or revoke designations of beneficiaries. For example, if a former spouse was a designated beneficiary prior to dissolution of the marriage, the former spouse would remain a beneficiary after the dissolution unless his or her designation as a beneficiary was expressly revoked by execution of a new beneficiary designation by the Account ownerand received and accepted by DBS.
The term “per stirpes” means that if any primary or contingent beneficiary dies before the Account owner but has surviving descendants, that beneficiary’s share is paid to such surviving descendants by right of representation. If the Account owner designates beneficiaries as per stirpes, persons within that group of descendants living on the Effective Date and on the Date of Death are included. Such group of descendants may end up including individuals not yet born, adopted, or otherwise a member of the group on the Effective Date. Otherwise, only named beneficiaries will share in the account assets, and others who may be in the same group of descendants as named individuals (e.g., other children or grandchildren) but who are not named will not share in the account assets whether they were born, adopted or otherwise became a member of the group before or after the Effective Date. Only beneficiaries living on the Date of Death are eligible to receive Account assets. DBS is authorized to rely on any representation of facts made by the Account owner, the personal representative of the estate of the Account owner, any beneficiary, or any other person or source deemed appropriate by DBS in determining the identity of unnamed beneficiaries. If more than one person is named and no share percentages are indicated, payment will be made, in equal shares, to your primary beneficiary or beneficiaries who survive you. If a percentage is indicated for a primary beneficiary who does not survive you, and if you have not chosen per stirpes, the percentage of that beneficiary’s designated share will be divided equally among the surviving primary beneficiaries. If there is no primary beneficiary living at the time of your death, you hereby specify that the balance is to be distributed to the contingent beneficiaries listed. If no primary or contingent beneficiaries are living at the time of your death, all assets will be paid to the estate of the Account owner.
DBS will require each beneficiary to open an account at DBS or to identify an appropriate existing DBS account in order to facilitate transfer of the Account’s eligible assets and to execute an indemnification in the amount of the Account’s assets.
DBS has no obligation to: (1) locate any beneficiary, the spouse or legal heirs of any Account owner or the personal representative of the estate of any Account owner; (2) notify any person of any proposed or completed transfer of eligible assets; or (3) independently verify any information submitted by any person claiming an interest in the Account.
Not all states recognize TOD registrations and DBS does not support TOD registrations for Louisiana at this time. DBS will not advise you on whether TOD registration is appropriate for your tax or estate-planning purposes. It is important to consult your own legal or tax advisor before establishing or revoking a TOD registration.
Certain assets are ineligible for TOD registration (“ineligible assets”). DBS disclaims all liability for a failure to transfer any ineligible assets. If the Account should hold ineligible assets at the Date of Death and the disposition of these ineligible assets is not governed by an agreement or contract specifically related to the ineligible assets, the ineligible assets will be distributed to the estate of the Account owner.
Dividend Reinvestment Program (“DRIP”)
When you are enrolled in the DRIP, all dividends paid on Eligible Securities (as defined below) are automatically reinvested in additional shares of the same security. (“Dividends” here means cash dividends, capital gains distributions, and special dividend payments, but not cash-in-lieu payments or late ex-dividend payments.) You may elect to reinvest dividends for all Eligible Securities in your Account (whether held currently or in the future) or no Eligible Securities. You may not designate specific Eligible Securities in your Account for reinvestment. When you participate in the DRIP, you authorize Green Pier to purchase shares of that security for your Account. If you do not participate in the DRIP or unenroll from the DRIP, any dividends paid on Eligible Securities will be deposited into your Core Position.
“Eligible Securities” for the DRIP are defined as securities that are:
- an exchange traded fund or domestic common stock; and
- held in street name by Green Pier (or at a securities depository on its behalf).
Dividends are reinvested on shares of Eligible Securities that satisfy all of the following:
- you own the shares on the dividend record date;
- you are enrolled in the DRIP and your shares are designated for reinvestment as of 5:00 p.m. Eastern Time on the record date (or, if the record date is not a business day, then the last business day before the record date); and
- Amount of dividend is sufficient for reinvestment.
If your Account is set up for reinvestment of dividends, any ineligible securities you own will automatically be designated if and when they become eligible.
The reinvestment of dividends may be delayed in certain circumstances. Green Pier reserves the right to suspend or completely remove securities from participation in DRIP and credit such dividends in cash at any time without notice. Additionally, Green Pier reserves the right to terminate or amend the DRIP at any time, including instituting commissions or transaction fees. You will be notified in advance of any material changes to the DRIP.
Under certain conditions a dividend may be put on hold by the issuing company. If a dividend is on hold on the payable date, reinvestment will not be performed. If a dividend is released from hold status after dividend payable date, dividend reinvestment will be performed on the day the dividend is actually paid.
If you are enrolled in the DRIP, you will be entitled to receive proxy voting materials and voting rights for all Eligible Securities based on your proportionate shares. For mandatory reorganizations, you will typically receive fractional shares and, in some instances, you may receive cash in lieu of partial shares. For voluntary reorganizations, typically the instructions you give Green Pier will be applied to both partial and whole shares, but in some instances partial shares will be liquidated at market price.
If you transfer or reregister your Account (for example, by changing from individual to joint registration), you must re-enroll in the DRIP.
Dividend reinvestment does not assure a profit on investments and does not protect against loss in declining markets.
Automatic reinvestment of your eligible cash distributions may give you interests in partial shares of securities, which Green Pier will calculate to three decimal places. You will be entitled to receive dividend payments proportionate to your partial share holdings.
Due to rounding, the notional amount invested in additional shares may result in slightly more or slightly less than the dividend amount received prior to reinvestment. In lieu of separate immediate trade confirmation statements, all transactions made through the DRIP will be confirmed on your regular periodic Account statement. You can obtain immediate information the day after the reinvestment date by contacting DBS.
When DRIP is available, your account settings will default to reinvestment of dividends for all Eligible Securities; you can change this setting in the mobile app or by contacting the DBS customer service team.
Mutual funds are not within the scope of the DRIP, but rather, when you purchase a mutual fund, it will automatically be enrolled in the applicable fund company’s dividend reinvestment program. Reinvestment of dividends may give you interests in partial shares of mutual funds, which Green Pier will calculate to four decimal places. For more information about mutual fund dividend reinvestment, refer to the applicable mutual fund prospectus or contact DBS.
Depository Trust Company’s (DTC) Dividend Reinvestment Program
For certain securities, dividend reinvestment may occur through DTC’s Dividend Reinvestment Program. This plan may be utilized if an issuer offers reinvestment at a discount. Eligibility for a security to be enrolled in the DTC Dividend Reinvestment Program or the DRIP is determined by Green Pier and may change without notice. DTC program transactions take longer to process: Although the transactions are effective as of the dividend payable date, they are generally not posted to your Account until 10 to 15 days later.
Optional Dividends
At times, certain issuers that pay dividends may offer shareholders an opportunity to elect to receive stock or cash, or a combination of both. This is known as an “Optional Dividend.” The issuer will assign a default if no instruction is received. For example, the default option could be cash, stock, or a combination of both. You have the opportunity up until the applicable deadline to make an election to receive the payment of your choice. Please be advised, if you do not make an election before the deadline, your Account will be assigned a default election based on the dividend reinvestment program instructions established with respect to your Account. This default election will be used in lieu of the issuer’s default option being applied to your Account. If you wish to make any elections, please contact us via the mobile app or email at service@plynkinvest.com.
Fractional share trading
Green Pier’s fractional share trading functionality allows you to buy and sell fractional share quantities in dollar amounts of certain securities (“Fractional Trading”). Fractional Trading presents unique risks and has certain limitations that you should understand before placing your first trade.
Fractional trading
Orders to buy or sell may be entered using a dollar value (e.g., $250.00) or share quantities. Share quantities can be specified to three decimal places (.001). Dollar value orders will be converted into share quantities for execution, again, to three decimal places. In all cases, when converting dollar-value orders into share quantities, the share quantities will be rounded down.
For a variety of reasons, including but not limited to this conversion convention and market movement, the actual amount of an executed dollar-value trade may be different from the requested amount. The actual amount of an executed order to buy or sell a dollar value of a security may also be lower than the amount requested due to the deduction of certain fees (e.g. the additional assessment) or taxes.
Orders received in good form by DBS will be accepted and transmitted to Green Pier for execution subject to the terms and conditions herein. You cannot modify an order once it has been submitted. You may attempt to cancel an order by contacting DBS, but we cannot guarantee that your request can be fulfilled.
Fractional Trading supports market orders and limit orders only for fractional share quantities of a security that are good for that day’s trading session, or in the case of orders entered outside market hours, that are good until the close of the next trading session. Because of this, your ability to buy or sell a security using Fractional Trading may be more restricted than if you were to buy or sell traditional whole share quantities of the same security.
In the event of a trading halt of a security, Fractional Trading of that security will also be halted for new orders. Some of the existing orders may be cancelled due to an inability to execute trades during a Trading Halt, whereas other existing orders will be held until trading resumes. However, your order is good only for that day’s trading session, or in the case of an order entered outside of market hours, good until the close of the next trading session. If trading does not resume or your order is not executed by the close of that day’s Fractional Trading window, it will be cancelled.
You can generally trade exchange-listed National Market System (“NMS”) stocks using the Fractional Trading functionality. However, certain NMS stocks may not be made available for Fractional Trading, and Green Pier reserves the right to modify the list of eligible NMS stocks at any time without notice to you. Any modification to the list of eligible NMS stocks available for Fractional Trading will not affect any fractional share interests previously acquired by you.
Trade execution
DBS will act as your agent and Green Pier will act in either a principal or a mixed capacity (i.e., both as agent and principal) when executing your order. The whole share component of any order will be executed by Green Pier as agent at the price Green Pier receives in the market. The fractional share component of any order will be executed by Green Pier as principal against its principal account.
All orders with a fractional share component will be marked “Not Held,” which gives DBS the time and price discretion to execute the order without being held to the security’s current quote. In connection therewith, each time you submit an order to buy or sell a fractional share dollar of a particular security, you authorize Green Pier to “work the order.” If you do not wish your order to be handled on a Not Held basis, you should not engage in Fractional Trading.
In the case of a sale of the fractional component of any order, that sale will be executed at the better of current National Best Bid and Offer (“NBBO”) or last execution price of the Agency Trade (if applicable). Please note that this price may be higher or lower than the price at the time you place your order. In the case of a purchase of the fractional component of any order, if Green Pier has sufficient principal inventory, that purchase will also be executed at the better of current NBBO or last execution price of the Agency Trade (if applicable). However, if Green Pier does not have sufficient principal inventory, that purchase will be executed at the better of current NBBO or last execution price of the Agency Trade (if applicable) or Principal Trade Execution Price.
For orders placed before market open, DBS may wait for the primary exchange to open before commencing trading in a particular security. When trading as principal for its own account, Green Pier may make a profit or incur a loss on each trade.
Additionally, Green Pier may be required to correct or adjust trades that (for a variety of reasons) have been executed in amounts that either exceed or fall short of the amounts requested. These trade corrections and adjustments could arise in connection with either or both of the agency and principal components of the executed orders.
Regardless, these trade corrections and adjustments will be executed by Green Pier in a principal capacity, and when trading as principal for its own account, Green Pier may make a profit or incur a loss.
Shareholder rights
Fractional share interests in an NMS security generally have different rights from full share interests of the same NMS security. Please read the following information carefully to understand your rights regarding your fractional share interests.
Fractional share positions cannot be transferred or certificated. The Automated Customer Account Transfer System does not support fractional share positions. If you want to transfer your Account or specific share positions to another broker, you must sell your fractional positions and transfer the cash proceeds.
You hereby direct Green Pier, and Green Pier hereby agrees, not to vote or take any discretionary or voluntary action with respect to any fractional share position. Furthermore, you acknowledge that you cannot vote or take any discretionary or voluntary action with respect to any fractional share position. Accordingly, while Green Pier may notify you of issuer meetings, Green Pier will not solicit proxies in connection with fractional share positions, and you cannot vote proxies for fractional share positions.
Fractional shareholders will not be able to provide instruction in connection with voluntary corporate actions (e.g., tenders), except for optional dividends; and Green Pier will not vote proxies for any fractional shares it holds as principal and will not affirmatively participate in any voluntary corporate actions.
In the case of a dividend paid on, or a redemption of, an NMS security, the dividend or redemption proceeds will be passed along to you in proportion to your ownership interest, inclusive of fractional share interests. Green Pier will support only payments that are equal to or greater than $.01 per share. Amounts smaller than that, or nondivisible amounts (based on the rounding convention described above), will be handled in accordance with the process described in the section titled “Undistributable Interests” below.
Holders of fractional share positions may participate in the DRIP to the same extent as if they owned a full share (adjusted for their fractional share interest in the dividend). In the event that the amount is too small to be reinvested (based on the 0.001 rounding convention described below), but large enough to be distributed as cash (i.e., at least $0.01), it will be paid to you. Smaller amounts will be handled in accordance with the process described in the section titled “Undistributable Interests” that follows.
For mandatory reorganizations, such as mergers and acquisitions, or other involuntary corporate actions, such as stock splits or stock dividends, typically Green Pier will distribute interests in proportion to your ownership interest, inclusive of fractional share interests. Green Pier will distribute interests in fractional amounts to three decimal places. Amounts smaller than that, or nondivisible amounts, will be handled in accordance with the process described in the section titled “Undistributable Interests.” The foregoing notwithstanding, these situations are in all cases subject to the terms contained in the materials prepared by the issuer describing the corporate action, as well as Green Pier’s applicable policies and procedures, which may result in a different outcome from what is described herein. In addition, for reverse stock splits, we will not accept opening orders to buy impacted stocks on the trading day immediately prior to the effective date of the scheduled split.
Because of the unpredictable nature of corporate actions, there may be situations that arise that are not described previously. Generally, these situations will be handled in accordance with the concepts applicable to dividends and reorganizations. Interests will be divided and distributed where possible in proportion to your ownership interest, and anything that cannot be divided will be handled in accordance with the process described in the section titled “Undistributable Interests.” The foregoing notwithstanding, these situations are in all cases subject to the terms contained in the materials prepared by the issuer describing the corporate action, as well as Green Pier’s applicable policies and procedures, which may result in a different outcome from what is described above.
Undistributable interests
Green Pier will support only payments that are equal to or greater than $.01 per share. Amounts smaller than that, or nondivisible amounts (based on the .001 rounding convention described above), will not be distributed. Instead, it is generally, but not always, the case that when the aggregate value to be distributed is less than or equal to $1.00, it will be retained by Green Pier, and when it exceeds $1.00, it will be escheated.
Tax treatment
Green Pier and you agree to treat you as the owner of all fractional share interests allocated to your Account, to file all tax returns in accordance with such treatment, and to take no action inconsistent with such treatment.
Additional considerations
Fractional share positions may be illiquid. Green Pier does not guarantee that there will be a market for fractional share positions and makes no representations or warranties about its ability or willingness to continue to trade as principal in fractional share quantities. If your Account is closed, your fractional shares may be liquidated and the proceeds distributed to you as cash.
The fractional share component of certain orders may not be eligible for “Price Improvement.” Also, Price Improvement will operate differently, and in some situations less advantageously, in connection with Fractional Trading, from the way it would if you were trading in whole share quantities. Additionally, because in certain situations Price Improvement on the fractional share component of an order will affect the execution price rather than the share quantity of an order, the effect of the improvement on a dollar-value order in those situations will be to increase or decrease the value of the order outside of what was requested.
Monitoring your Account
As an Account owner, you are responsible for monitoring your Account. This includes making sure that all transactions are accurate and that you are receiving confirmations, Account statements, and any other expected communications. It also includes reviewing these documents to see that information about your Account is accurate and contains nothing suspicious. You understand that neither Green Pier nor DBS monitors your Account for you and has no duty to advise you of any issue regarding your Account or us. Please note that neither DBS nor Green Pier has any ongoing responsibility to monitor an investment strategy, account type or securities bought, sold, or held in your Account.
So long as we or Green Pier send communications to you at the physical or electronic address of record (given during the Account setup process and subsequent updates), via notifications in the mobile app or via text message to the mobile number of record, or to any other address given to us by you or any other authorized person, the communications are legally presumed to have been delivered, whether you actually received them or not. In addition, confirmations and Account statements are presumed to be accurate unless you specifically tell us otherwise within five days of when confirmations were sent to you; Account statements, within 10 days.
If you have not received a communication you expected, or if you have a question or believe you have found an error in any communication from us, contact us immediately, then follow up with written notice.
Limits of responsibility
Although all entities that provide services to your Account strive to ensure the quality and reliability of those services, neither we nor Green Pier can be responsible for the availability, accuracy, timeliness, completeness, or security of any service related to your Account.
You therefore agree that we and Green Pier are not responsible for any losses (meaning claims, damages, actions, demands, investment losses, or other losses, as well as any costs, charges, attorneys’ fees, or other fees and expenses) that you incur as a result of conditions beyond our control or any agreement between the parties. This includes, for example:
- any action that is done in accordance with the procedures described in this agreement or applicable mutual fund or securities prospectus and/or disclosure document;
- the acceptance or processing of any order placed on your Account, whether received electronically or through other means, as long as the order reasonably appears to be authentic;
- investment decisions or instructions placed in your Account, or other such actions attributable to you or any authorized person;
- occurrences related to governments or markets, such as restrictions, suspensions of trading, bank closures or bank regulatory, legal or other limitations or restrictions, or high market volatility or trading volumes;
- uncontrollable circumstances in the world at large, such as wars, earthquakes, power outages, pandemics, or unusual weather conditions;
- occurrences related to computers or communications, such as a network or systems failure, a message interception, or an instance of unauthorized access or breach of security;
- the storage or use of information about you and your Account(s) by our systems or transmission of this information between you and us;
- your breach of this agreement or any terms and conditions applicable to your Account;
- any debits to your Account that are not honored because your Account has insufficient funds.
If any service failure is determined to be our responsibility, we will be liable only for whatever benefit you would have realized up to the time by which you should have notified us, as specified earlier herein.
We reserve the right to restrict your Account from withdrawals and/or trades for any reason, including but not limited to if there is a reasonable suspicion of fraud, diminished capacity, or inappropriate activity. We also reserve the right to restrict your Account from withdrawals and/or trades if put on reasonable notice that the ownership of some or all of the assets in the Account is in dispute.
Indemnification
You agree to indemnify us from, and hold us harmless for, any losses (as defined in “Limits of Responsibility”) resulting from your actions or failures to act, whether intentional or not, including losses resulting from actions taken by third parties.
You further agree to hold Green Pier and DBS harmless for any actions taken in connection with or resulting from changing your Core Position, including but not limited to, any changes in the rate of return offered by the alternative Core Position. Beyond taking reasonable steps to verify the authenticity of instructions, we have no obligation to inquire into the purpose, wisdom, or propriety of any instruction we receive.
Terms concerning this agreement
Governing laws and policies
This agreement and its enforcement are governed by the laws of the Commonwealth of Massachusetts, except with respect to its conflicts-of-law provisions. All transactions are subject to the rules, guidelines, and customs of the marketplace where they are executed, and those of any clearing facility Green Pier may use, as well as applicable state and federal laws and any Green Pier trading policies and limitations that are in effect at the time.
Modification and enforcement
We may amend this agreement at any time. This may include changing, dropping, or adding fees and policies, changing features and services or the entities that provide them, and limiting the usage or availability of any feature or service, within the limits of applicable laws and regulations. Although it is our policy to send notice to Account owners of any material changes, we are not obligated to do so in most cases. Outside of changes originating in these ways, no provision of this agreement can be amended or waived except in writing by one of our authorized representatives.
We or Green Pier may transfer our interests in your Account or this agreement to any of our successors and assigns, whether by merger, consolidation, or otherwise. You may not transfer your interests in your Account or this agreement except with our prior written approval, or through inheritance, or similar circumstance, as allowed by law, in which case any rights and obligations in existence at the time will accrue to, and be binding on, your heirs, executors, administrators, successors, or assigns.
Although we or Green Pier may not always enforce certain provisions of this agreement, both parties retain the full right to do so at any time. If any provision of this agreement is found to be in conflict with applicable laws, rules, or regulations, either present or future, that provision will be enforced to the maximum extent allowable, or made to conform, as the case may be. However, the remainder of this agreement will remain fully in effect. If for any reason your relationship with DBS is terminated (such as the termination of a contract between us and Green Pier) and your Account is held directly by Green Pier, it may be restricted, and there may be new or different fees and commissions. Examples of restrictions include the ability to place sell orders only and the loss of electronic trading.
Termination
We or Green Pier can terminate your Account, this agreement, or any optional feature at any time, for any reason, without prior notice. You can close your Account by notifying us electronically in writing. When an Account is closed, features associated with it are terminated.
When your Account is closed you authorize DBS to transfer all amounts in your Core Position to your linked bank account. If your account has a balance of less than $50 and no Account activity has occurred for a 6-month period, you authorize DBS to sell the securities in the Account, transfer all the proceeds and any other cash to your linked bank account, and close your Account.
Regardless of how or when your Account is closed, you will remain responsible for all unpaid obligations of your Account. This includes charges, debit items, or other transactions you initiated or authorized, whether arising before or after termination, as well as any fees incurred but not yet charged to your Account. Payment for these obligations will be deducted from your final Account balance.
Texas Residents only: In accordance with Texas Property Code, Title 6, sections 72.1021 and 73.103, you, as an owner of shares of a mutual fund, may designate a representative for the purpose of receiving a due diligence notice; however, you are not required to designate a representative. If you add a designated representative, Green Pier is required to mail the written notice upon presumption of abandonment to the representative, in addition to mailing the notice to you. The designated representative does not have any rights to the mutual fund shares and may not access the shares.
Notices and disclosures
Account administration
Industry regulations requires that we identify the various Account administration functions that we and Green Pier each agree to perform. Below is a summary of this information; for a more complete description, contact us.
DBS will:
- open, approve, and service your Account as directed by you;
- transmit accurate, timely instructions to Green Pier regarding your Account;
- operate your Account in compliance with applicable laws and regulations; and
- maintain proper books and records of all services we perform for you.
At our direction, Green Pier will:
- execute, clear, and settle transactions that we process through them;
- prepare transaction confirmations and periodic Account statements, and send you notice when they are available in the mobile app;
- act as custodian for all funds and securities it receives on your behalf;
- carry out our instructions regarding the transactions, and the receipt and delivery of securities, on your Account; and
- maintain proper books and records of all services it performs relative to your Account.
For more information on the allocation of services, contact us.
Nontransferable securities
In the event that any securities in your Account become nontransferable, Green Pier may remove them from your Account without further notice. Nontransferable securities are those where transfer agent services have not been available for six or more years. A lack of transfer agent services may be due to a number of reasons, including that the issuer of such securities may no longer be in business and may even be insolvent.
Note the following:
- There are no known markets for these securities;
- Green Pier is unable to deliver certificates to you representing these positions;
- These transactions will not appear on Form 1099 or any other tax reporting form;
- The removal of the position will not be reported as a taxable distribution, and any reinstatement of the position will not be reported as a contribution;
- If transfer agent services become available sometime in the future, Green Pier will use its best efforts to have the position reinstated in your Account; and
- Positions removed from your Account will appear on your next available Account statement following such removal as an “expired” transaction.
By opening and maintaining an Account with DBS, you consent to the actions as described above, and you waive any claims against DBS or Green Pier arising out of such actions. You also understand that DBS and Green Pier do not provide tax advice concerning your Account or any securities that may be the subject of removal from or reinstatement into your Account, and you agree to consult your tax advisor concerning any tax implications that may arise as a result of any of these circumstances.
Low-Priced Securities
Before trading in low-priced securities, you should carefully review and consider the following risks, which can be exacerbated in periods of market volatility.
Note the following:
- Low-priced securities may not meet exchange listing requirements in the future and an exchange may delist a company. The mobile app does not provide access to OTC markets.
- Low-priced securities tend to be more volatile than other securities. Even small trades may trigger significant price movements in the underlying security.
- The volume of low-priced securities may change rapidly making it harder to buy or sell shares. You may have difficulty selling the stock, and this could impact the sale price.
- Since reliable, publicly available information on low-priced securities is often limited, these securities can be a target for price or volume manipulation and other fraudulent activity.
- Reorganizations of the underlying company to avoid delisting do not reduce risk and may add complexity.
DBS does not offer or sell penny stocks as defined in CFR 240.3a51-1.
Conflicts of interest and compensation
SEC Rule 607 requires broker-dealers to disclose their policies regarding the receipt of “payment for order flow” in connection with the routing of customer orders for execution. “Payment for order flow” includes any monetary payment, service, property, or other benefit that results in remuneration, compensation, or consideration to a broker-dealer from any broker-dealer or exchange in return for routing orders for execution. DBS routes customer orders in stocks and ETFs to Green Pier, which routes such orders to market centers, including other broker-dealers. Green Pier receives payment for order flow from those broker-dealers and shares revenue with DBS. The broker-dealers pay Green Pier for order flow at the same price per share. Green Pier routes customer orders for execution to market centers based on several factors depending in part on the type of security, including: the size of the order; trading characteristics of the security; favorable execution prices (for example, the opportunity for price improvement); access to reliable market data; availability of efficient automated transaction processing; and execution cost. Some market centers may execute orders at prices superior to the publicly quoted market. You acknowledge that Green Pier may send any order to any marketplace. Green Pier reserves the right to wait for the primary exchange to open before commencing trading in a particular security. The source and nature of any compensation received in connection with your transaction will be disclosed upon written request.
Customer identification program notice
To help the government fight terrorism and financial crimes, federal regulation requires DBS to obtain, verify and record your name, date of birth, address, and a government-issued ID number or other information that will allow us to identify you before opening your Account. In certain circumstances, DBS may obtain and verify comparable information for any person authorized to make transactions in an Account. Also, federal regulation requires us to obtain and verify the beneficial owners and control persons of legal entity customers. Requiring the disclosure of key individuals who own or control a legal entity helps law enforcement investigate and prosecute crimes. Your Account may be restricted or closed if DBS cannot obtain and verify this information. DBS will not be responsible for any losses or damages (including, but not limited to, lost opportunities) that may result if your Account is restricted or closed. All information or documentation provided by you must be and will continue to be true, accurate, and complete. You will promptly notify DBS if or when beneficial ownership of an entity changes.
Trusted Contact Disclosure Document
In order to comply with FINRA Rule 4512, we are asking clients for trusted contact information. A trusted contact is someone who we can get in touch with and disclose information about your account to address possible financial exploitation, confirm specifics of your current contact information, health status, or the identity of any legal guardian, executor, trustee or holder of a power of attorney, or as otherwise permitted.
If you designate a trusted contact, you are authorizing us to communicate with the person you designate and disclose information about your Account only in limited circumstances. We may only disclose reasonable categories of information with a trusted contact, including information that will assist us in administering your account. This contact person will not have access to make trades or make decisions about your Account.
Sharing of Information and Credit Report
Any information you provide to DBS may be shared by DBS with third parties for the purpose of validating your identity and may be shared for other purposes in accordance with the DBS Privacy Policy. Any information you give to DBS may be subject to verification, and you authorize DBS to obtain a credit report about you at any time. Upon written request, you will be provided the name and address of the credit reporting agency used.
Residing Outside the United States
If DBS determines that you reside outside the United States, you will be subject to certain limitations. While DBS generally makes this determination by looking at the address information on its books and records (including the addresses maintained by the account owner and certain individuals with control over the account), DBS reserves the right to consider other information when making this determination and/or subjecting you to these limitations. Depending on where you reside, you may be subject to restrictions up to and including restrictions that will prevent you from making additional deposits or purchasing additional securities positions (i.e., you will be prohibited from doing anything in your account other than selling your existing holdings and withdrawing the proceeds). Notwithstanding the above, special rules govern your relationship with DBS if you live in Canada. Because of this, and because every situation is unique, you should contact DBS if you have questions about how you may be affected. If you notify DBS that you do not reside outside the U.S., these limitations may be lifted.
Warranty Disclaimer
Neither DBS nor any third party makes any representations or warranties express or implied, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose in respect of any services provided in connection with this Account, or any information programs or products obtained from, through, or in connection with these services. In no event will DBS or any third party be liable for direct, indirect, incidental, or consequential damages resulting from any defect in or use of these services.
Unclaimed Property
Your Account balance may be transferred to a state unclaimed property administrator if no activity (including logging into the mobile app) occurs in the Account within the time period specified by the applicable state law.
FINRA BrokerCheck
As part of the Financial Industry Regulatory Authority (“FINRA”) BrokerCheck program, you have access to the FINRA BrokerCheck hotline at 800-289-9999 and the FINRA website at finra.org. You can call or email your inquiries and request a brochure that includes information detailing the BrokerCheck program.
Pre-dispute arbitration clause
This agreement contains a pre-dispute arbitration clause. Under this clause, which becomes binding on all parties when you sign your Account application, you, DBS, and Green Pier 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 before 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.
All controversies that may arise between you, DBS, and Green Pier concerning any subject matter, issue, or circumstance whatsoever (including, but not limited to, controversies concerning any account, order, distribution, rollover, advice interaction or transaction, or the continuation, performance, interpretation, or breach of this or any other agreement between you, DBS, and Green Pier, whether entered into or arising before, on, or after the date your Account was opened) shall be determined by arbitration in accordance with the rules then prevailing of FINRA or any United States securities self-regulatory organization or United States securities exchange of which the person, entity or entities against whom the claim is made is a member, as you may designate. If you designate the rules of a United States self-regulatory organization or United States securities exchange and those rules fail to be applied for any reason, then you shall designate the prevailing rules of any other United States securities self-regulatory organization or United States Securities exchange of which the person, entity or entities against whom the claim is made is a member. If you do not notify DBS in writing of your designation within five (5) days after such failure or after you receive from DBS a written demand for arbitration, then you authorize DBS and/or Green Pier to make such designation on your behalf. The designation of the rules of a United States self-regulatory organization or United States securities exchange is not integral to the underlying agreement to arbitrate. You understand that judgment upon any arbitration award may be entered in any court of competent jurisdiction.
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 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.
Last updated May, 2026