Thank you for your interest in opening a new SIMPLE IRA TradeKing Securities account.
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- Chrystal Hampton
- 9 years ago
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1 Thank you for your interest in opening a new SIMPLE IRA TradeKing Securities account. Opening a SIMPLE IRA account is easy. Simply complete and fax ( ) or mail to us these forms. Then, if you have not done so already, create a Username and a Password at to access your new account (see instructions below). Finally, call us at and ask us to link your new account to your Username. IMPORTANT: The TradeKing Customer Agreement contains the terms and conditions applicable to all TradeKing accounts. Please read it carefully, print a copy and retain it for your records. You can obtain a copy at or by calling IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING A NEW ACCOUNT: To help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account. What this means for you: When you open an account, we will ask for your name, address, date of birth and other information that will allow us to identify you. We may also ask to see your driver s license or other identifying documents. How to create a Username to access the new account that you are opening with this form: a. Go to Click on START TRADING or Open New Account ; b. Complete only the first page of the application to choose your Username and Password, Account. Make sure you select I already have an account to avoid unnecessary future marketing communication. Click Continue. Stop here. Call us at so that we can link your new account(s) to the Username you have just created. TradeKing Group, Inc. All rights reserved. Securities offered through TradeKing Securities, LLC, member FINRA and SIPC SIMPLE V12
2 SIMPLE IRA RETIREMENT ACCOUNT APPLICATION Account Number Open Date Broker Rep Code Account Owner N a me Social Security Number Permanent Street Address (Cannot be a P.O. Box) City State Zip Mailing Address (If different from permanent address) City State Zip Birth Date (mm/dd/yyyy) Number of Dependents Married? Married Single Divorced Widowed Day Phone Evening Phone Cell Phone ADDRESS (please write clearly) Citizenship: U.S. Foreign (please specify): Resident Alien Employment Information Employer Nature of Business Yrs. Employed Occupation Business Address City State Zip Code Are you or a member of your household affiliated with or employed by 1) a securities Exchange 2) FINRA 3) an Exchange or FINRA member 4) a company which require notification of you opening this account? (if you select yes, please submit an Affiliated Account Authorization form) Yes No Are you or a member of your household a director, 10% shareholder or policy making officer of a publicly traded company? Yes No If you answered Yes to any of the questions above please provide more information on the affiliation (e.g. affiliated company name, nature of affiliation, symbol, cusip, etc.) Are you or any member of your immediate family a senior political figure? Yes No Account Investment Profile Annual Income of Proprietor Net Worth of Proprietor Liquid Net Worth of Proprietor Tax Bracket of Proprietor $0 - $24,999 $25,000 - $50,000 $50,001 - $100,000 $100,001 - $200,000 Over $200,001 (please specify) Under $50,000 $50,001 - $100,000 $100,001 - $500,000 $500,000 - $1,000,000 Over $1,000,000 (please specify) $0 - $24,999 $25,000 - $50,000 $50,001 - $100,000 $100,001 - $200,000 Over $200,001 (please specify) Investment Objective of Proprietor Investment Experience of Proprietor Income Main goal is preservation of capital with the assets in the account are used to generate a source of income. Balanced Diversification of asset classes for equal blend of income and long term growth with the primary consideration being current income. Growth & Income A balance between capital appreciation and income with the primary consideration being capital appreciation. Long Term Growth With Safety Long term capital appreciation with relative safety of principal. Long Term Growth With Greater Risk Long term capital appreciation with greater risk. Speculation Maximum total return involving a higher degree of risk through investment in a broad spectrum of securities Bonds (years ) Stocks (years ) Options (years )
3 Time Horizon The number of years planned to invest to achieve a particular financial goal. Short (Less than 3 years) (01) Average (4 to 7 years) (02) Longest (8 years or more) (03) Liquidity Needs The ability to quickly and easily convert all or a portion of this account assets into cash without experiencing significant loss. Very Important (01) Somewhat Important (02) Not Important (03) Risk Tolerance Low (01) Medium (02) High (03) W-9 Certification Under penalties of perjury. I (we) certify that the taxpayer identification number shown above on this form is my correct taxpayer identification number. Unless, otherwise indicated, I (we) certify that I (we) am not subject to backup withholding and I (we) am an U.S. Person (including an U.S. resident alien). Check the box if you are subject to backup withholding under the provisions of the Internal Revenue Service code. I hereby request that TradeKing and Apex Clearing Corp. open an account in the name(s) listed as account owner(s) on this application. By signing below, I acknowledge that I have received, read, understand and agree to be bound by the terms & conditions as set forth in the Customer Agreement ( Customer Agreement ) as currently in effect and as amended from time to time. I represent that I am of required legal age to enter into this Agreement. I understand and acknowledge that Apex Clearing Corp. does not provide investment, tax, legal, accounting, financial or other advice. Important information about procedures for opening a new account: To help the government fight the funding of terrorism and money laundering activities, federal law requires all financial institutions obtain, verify, and record information that identifies each person who opens an account. What this means to you: when you open an account, we will ask for your name address, date of birth and other information that will allow us to identify you. We may also ask to see your driver's license or other identifying documents. Apex Clearing Corp. and/or TradeKing will verify your information through a third-party provider. BY MY SIGNATURE ON THE ACCOUNT APPLICATION, I ACKNOWLEDGE THAT I HAVE RECEIVED, READ, UNDERSTAND AND AGREE TO THE TERMS SET FORTH IN THE CUSTOMER AGREEMENT, AND THAT THIS AGREEMENT CONTAINS A PREDISPUTE ARBITRATION CLAUSE IN SECTION 35. Print First Name Last Name Signature of Account Holder Dated Internal Use Only: Print Name of TradeKing Registered Representative Signature of TradeKing Registered Representative Dated Print Name of TradeKing Registered Principal Signature of TradeKing Registered Principal Dated Custodian Acceptance: Accounts Cleared Through Apex Clearing Corp. Member FINRA & SIPC TradeKing Group, Inc. All rights reserved. Securities offered through TradeKing Securities, LLC, member FINRA and SIPC SIMPLE V12
4 SIMPLE IRA Simplifier SIMPLE Individual Retirement Account Application SIMPLE IRA PARTICIPANT S NAME AND ADDRESS SIMPLE IRA CUSTODIAN S NAME, ADDRESS AND PHONE Apex Clearing Cor 1700 Pacific Ave. p. Suite 1400 Dallas, TX Social Security Number Home Phone Business Phone SIMPLE IRA Account Identification Employer s Plan Name Date of Birth Address Employer s Name, Address and Phone Contribution Date CONTRIBUTION INFORMATION Contribution Amount Check here if this is a transfer SIMPLE IRA. Check here if this is an amendment to an existing SIMPLE IRA. DESIGNATION OF BENEFICIARY(ies) The following individual(s) or entity(ies) shall be my primary and/or contingent beneficiary(ies). If neither primary nor contingent is indicated, the individual or entity will be deemed to be a primary beneficiary. If more than one primary beneficiary is designated and no distribution percentages are indicated, the beneficiaries will be deemed to own equal share percentages in the SIMPLE IRA. Multiple contingent beneficiaries with no share percentage indicated will also be deemed to share equally. If any primary or contingent beneficiary dies before I do, his or her interest and the interest of his or her heirs shall terminate completely, and the percentage share of any remaining beneficiary(ies) shall be increased on a pro rata basis. If no primary beneficiary (ies) survives me, the contingent beneficiary(ies) shall acquire the designated share of my SIMPLE IRA. Social Security Primary or No. Beneficiary s Name and Address Date of Birth Relationship Share % Number Contingent 1. Primary Contingent % Primary Contingent Primary Contingent Primary Contingent Primary Contingent % % % % SPOUSAL CONSENT SIGNATURES This section should be reviewed if either the trust or the residence of the Participant Important: Please read before signing. is located in a community or marital property state and the Participant is married. I understand the eligibility requirements for the SIMPLE IRA and I state that I do Due to the important tax consequences of giving up one's community property qualify to establish a SIMPLE IRA. I have received a copy of the Application, the interest, individuals signing this section should consult with a competent tax or legal 5305-SA Plan Agreement, the Financial Disclosure and the Disclosure Statement. I advisor. understand that the terms and conditions which apply to this SIMPLE IRA are CURRENT MARITAL STATUS contained in this Application and the Plan Agreement. I agree to be bound by those I Am Not Married I understand that if I become married in the future, I terms and conditions. Within seven (7) days from the date I open this SIMPLE IRA must complete a new SIMPLE IRA Designation Of Beneficiary form. I may revoke it without penalty by mailing or delivering a written notice to the I Am Married I understand that if I choose to designate a primary beneficiary other than my spouse, my spouse must sign below. Custodian. I assume complete responsibility for: CONSENT OF SPOUSE 1. Determining that I am eligible for a SIMPLE IRA each year I make an elective I am the spouse of the above-named Participant. I acknowledge that I have received deferral. a fair and reasonable disclosure of my spouse's property and financial obligations. 2. Ensuring that all contributions I make are within the limits set forth by the tax Due to the important tax consequences of giving up my interest in this SIMPLE laws. IRA, I have been advised to see a tax professional. 3. The tax consequences of any contribution (including rollover contributions) and distributions. I hereby give the Participant any interest I have in the funds or property deposited in this SIMPLE IRA and consent to the beneficiary designation(s) indicated above. I assume full responsibility for any adverse consequences that may result. No tax or legal advice was given to me by the Custodian. (Participant) (Date) (Signature of Spouse) (Date) (Witness) (Date) (Authorized Signature of Custodian) (Date) #1100 (10/2006) Page 1 of BISYS Retirement Services
5 (Signature of Witness) (Date) #1100 (10/2006) Page 2 of BISYS Retirement Services
6 SIMPLE INDIVIDUAL RETIREMENT CUSTODIAL ACCOUNT AGREEMENT Form 5305-SA under Section 408(p) of the Internal Revenue Code FORM (REV. MARCH 2002) The Participant named on the Application is establishing a savings incentive match plan for employees of small employers individual retirement account (SIMPLE IRA) under sections 408(a) and 408(p) to provide for his or her retirement and for the support of his or her beneficiaries after death. The Custodian named on the Application has given the Participant the disclosure statement required by Regulations section The Participant and the Custodian make the following agreement: ARTICLE I The Custodian will accept cash contributions made on behalf of the Participant by the Participant s employer under the terms of a SIMPLE IRA plan described in section 408(p). In addition, the Custodian will accept transfers or rollovers from other SIMPLE IRAs of the Participant. No other contributions will be accepted by the Custodian. ARTICLE II The Participant s interest in the balance in the custodial account is nonforfeitable. ARTICLE III 1. No part of the custodial account funds may be invested in life insurance contracts, nor may the assets of the custodial account be commingled with other property except in a common trust fund or common investment fund (within the meaning of section 408(a)(5)). 2. No part of the custodial account funds may be invested in collectibles (within the meaning of section 408(m)) except as otherwise permitted by section 408(m)(3), which provides an exception for certain gold, silver, and platinum coins, coins issued under the laws of any state, and certain bullion. ARTICLE IV 1. Notwithstanding any provision of this Agreement to the contrary, the distribution of the Participant s interest in the custodial account shall be made in accordance with the following requirements and shall otherwise comply with section 408(a)(6) and the regulations thereunder, the provisions of which are herein incorporated by reference. 2. The Participant s entire interest in the custodial account must be, or begin to be, distributed not later than the Participant s required beginning date, April 1 following the calendar year in which the Participant reaches age 70½. By that date, the Participant may elect, in a manner acceptable to the Custodian, to have the balance in the custodial account distributed in: (a) A single sum or (b) Payments over a period not longer than the life of the Participant or the joint lives of the Participant and his or her designated beneficiary. 3. If the Participant dies before his or her entire interest is distributed to him or her, the remaining interest will be distributed as follows: (a) If the Participant dies on or after the required beginning date and: (i) the designated beneficiary is the Participant s surviving spouse, the remaining interest will be distributed over the surviving spouse s life expectancy as determined each year until such spouse s death, or over the period in paragraph (a)(iii) below if longer. Any interest remaining after the spouse s death will be distributed over such spouse s remaining life expectancy as determined in the year of the spouse s death and reduced by 1 for each subsequent year, or, if distributions are being made over the period in paragraph (a)(iii) below, over such period. (ii) the designated beneficiary is not the Participant s surviving spouse, the remaining interest will be distributed over the beneficiary s remaining life expectancy as determined in the year following the death of the Participant and reduced by 1 for each subsequent year, or over the period in paragraph (a)(iii) below if longer. (iii) there is no designated beneficiary, the remaining interest will be distributed over the remaining life expectancy of the Participant as determined in the year of the Participant s death and reduced by 1 for each subsequent year. (b) If the Participant dies before the required beginning date, the remaining interest will be distributed in accordance with (i) below or, if elected or there is no designated beneficiary, in accordance with (ii) below: (i) the remaining interest will be distributed in accordance with paragraphs (a)(i) and (a)(ii) above (but not over the period in paragraph (a)(iii), even if longer), starting by the end of the calendar year following the year of the Participant s death. If, however, the designated beneficiary is the Participant s surviving spouse, then this distribution is not required to begin before the end of the calendar year in which the Participant would have reached age 70½. But, in such case, if the Participant s surviving spouse dies before distributions are required to begin, then the remaining interest will be distributed in accordance with (a)(ii) above (but not over the period in paragraph (a)(iii), even if longer), over such spouse s designated beneficiary s life expectancy, or in accordance with (ii) below if there is no such designated beneficiary. (ii) the remaining interest will be distributed by the end of the calendar year containing the fifth anniversary of the Participant s death. 4. If the Participant dies before his or her entire interest has been distributed and if the designated beneficiary is not the Participant s surviving spouse, no additional contributions may be accepted in the account. 5. The minimum amount that must be distributed each year, beginning with the year containing the Participant s required beginning date, is known as the required minimum distribution and is determined as follows: (a) the required minimum distribution under paragraph 2(b) for any year, beginning with the year the Participant reaches age 70½, is the Participant s account value at the close of business on December 31 of the preceding year divided by the distribution period in the uniform lifetime table in Regulations section 1.401(a)(9)-9. However, if the Participant s designated beneficiary is his or her surviving spouse, the required minimum distribution for a year shall not be more than the Participant s account value at the close of business on December 31 of the preceding year divided by the number in the joint and last survivor table in Regulations section 1.401(a)(9)-9. The required minimum distribution for a year under this paragraph (a) is determined using the Participant s (or, if applicable, the Participant and spouse s) attained age (or ages) in the year. (b) the required minimum distribution under paragraphs 3(a) and 3(b)(i) for a year, beginning with the year following the year of the Participant s death (or the year the Participant would have reached age 70½, if applicable under paragraph 3(b)(i)) is the account value at the close of business on December 31 of the preceding year divided by the life expectancy (in the single life table in Regulations section 1.401(a)(9)-9) of the individual specified in such paragraphs 3(a) and 3(b)(i). (c) the required minimum distribution for the year the Participant reaches age 70½ can be made as late as April 1 of the following year. The required minimum distribution for any other year must be made by the end of such year. 6. The owner of two or more IRAs (other than Roth IRAs) may satisfy the minimum distribution requirements described above by taking from one IRA the amount required to satisfy the requirement for another in accordance with the regulations under section 408(a)(6). ARTICLE V 1. The Participant agrees to provide the Custodian with all information necessary to prepare any reports required by sections 408(i) and 408(l)(2) and Regulations sections and The Custodian agrees to submit to the Internal Revenue Service (IRS) and Participant the reports prescribed by the IRS. 3. The Custodian also agrees to provide the Participant s employer the summary description described in section 408(l)(2) unless this SIMPLE IRA is a transfer SIMPLE IRA. ARTICLE VI Notwithstanding any other articles which may be added or incorporated, the provisions of Articles I through III and this sentence will be controlling. Any additional articles inconsistent with sections 408(a) and 408(p) and the related Regulations will be invalid. ARTICLE VII This Agreement will be amended as necessary to comply with the provisions of the Code and the related Regulations. Other amendments may be made with the consent of the persons whose signatures appear on the Application. ARTICLE VIII 8.01 Definitions: In this part of this Agreement (Article VIII), the words you and your mean the Participant, the words we, us and our mean the Custodian, Code means the Internal Revenue Code, and Regulations means the Treasury Regulations Notices and Change of Address: Any required notice regarding this SIMPLE IRA will be considered effective when we send it to the intended recipient at the last address which we have in our records. Any notice to be given to us will be considered effective when we actually receive it. You, or the intended recipient, must notify us of any change of address Representations and Responsibilities: You represent and warrant to us that any information you have given or will give us with respect to this Agreement is complete and accurate. Further, you agree that any directions you give us, or action you take will be proper under this Agreement, and that we are entitled to rely upon any such information or directions. If we fail to receive directions from you regarding any transaction, or if we receive ambiguous directions regarding any transaction, or we, in good faith, believe that any transaction requested is in dispute, we reserve the right to take no action until further clarification acceptable to us is received from you or the appropriate #1100 (10/2006) Page 3 of BISYS Retirement Services
7 government or judicial authority. We shall not be responsible for losses of any kind that may result from your directions to us or your actions or failures to act, and you agree to reimburse us for any loss we may incur as a result of such directions, actions or failures to act. We shall not be responsible for any penalties, taxes, judgments or expenses you incur in connection with your SIMPLE IRA. We have no duty to determine whether your contributions or distributions comply with the Code, Regulations, rulings or this Agreement. We may permit you to appoint, through written notice acceptable to us, an authorized agent to act on your behalf with respect to this Agreement (e.g., attorney-in-fact, executor, administrator, investment manager), however, we have no duty to determine the validity of such appointment or any instrument appointing such authorized agent. We shall not be responsible for losses of any kind that may result from directions, actions or failures to act by your authorized agent, and you agree to reimburse us for any loss we may incur as a result of such directions, actions or failures to act by your authorized agent. You will have sixty (60) days after you receive any documents, statements or other information from us to notify us in writing of any errors or inaccuracies reflected in these documents, statements or other information. If you do not notify us within 60 days, the documents, statements or other information shall be deemed correct and accurate, and we shall have no further liability or obligation for such documents, statements, other information or the transactions described therein. By performing services under this Agreement we are acting as your agent. You acknowledge and agree that nothing in this Agreement shall be construed as conferring fiduciary status upon us. We shall not be required to perform any additional services unless specifically agreed to under the terms and conditions of this Agreement, or as required under the Code and the Regulations promulgated thereunder with respect to SIMPLE IRAs. You agree to indemnify and hold us harmless for any and all claims, actions, proceedings, damages, judgments, liabilities, costs and expenses, including attorney s fees, arising from, or in connection with this Agreement. To the extent written instructions or notices are required under this Agreement, we may accept or provide such information in any other form permitted by the Code or applicable regulations Service Fees: We have the right to charge an annual service fee or other designated fees (e.g., a transfer, rollover or termination fee) for maintaining your SIMPLE IRA. In addition, we have the right to be reimbursed for all reasonable expenses, including legal expenses, we incur in connection with the administration of your SIMPLE IRA. We may charge you separately for any fees or expenses, or we may deduct the amount of the fees or expenses from the assets in your SIMPLE IRA at our discretion. We reserve the right to charge any additional fee upon 30 days notice to you that the fee will be effective. Fees such as subtransfer agent fees or commissions may be paid to us by third parties for assistance in performing certain transactions with respect to this SIMPLE IRA. Any brokerage commissions attributable to the assets in your SIMPLE IRA will be charged to your SIMPLE IRA. You cannot reimburse your SIMPLE IRA for those commissions Investment of Amounts in the SIMPLE IRA: You have exclusive responsibility for and control over the investment of the assets of your SIMPLE IRA. All transactions shall be subject to any and all restrictions or limitations, direct or indirect, which are imposed by our charter, articles of incorporation, or bylaws; any and all applicable federal and state laws and regulations; the rules, regulations, customs and usages of any exchange, market or clearing house where the transaction is executed; our policies and practices; and this Agreement. After your death, your beneficiary(ies) shall have the right to direct the investment of your SIMPLE IRA assets, subject to the same conditions that applied to you during your lifetime under this Agreement (including, without limitation, Section 8.03 of this article). We shall have no discretion to direct any investment in your SIMPLE IRA. We assume no responsibility for rendering investment advice with respect to your SIMPLE IRA, nor will we offer any opinion or judgment to you on matters concerning the value or suitability of any investment or proposed investment for your SIMPLE IRA. In the absence of instructions from you, or if your instructions are not in a form acceptable to us, we shall have the right to hold any uninvested amounts in cash, and we shall have no responsibility to invest uninvested cash unless and until directed by you. We will not exercise the voting rights and other shareholder rights with respect to investments in your SIMPLE IRA unless you provide timely written directions acceptable to us. You will select the type of investment for your SIMPLE IRA assets, provided, however, that your selection of investments shall be limited to those types of investments that we are authorized by our charter, articles of incorporation, or bylaws to offer and do in fact offer for investment in SIMPLE IRAs. We may, in our sole discretion, make available to you, additional investment offerings, which shall be limited to publicly traded securities, mutual funds, money market instruments and other investments that are obtainable by us and that we are capable of holding in the ordinary course of our business Beneficiary(ies): If you die before you receive all of the amounts in your SIMPLE IRA, payments from your SIMPLE IRA will be made to your beneficiary(ies). You may designate one or more persons or entities as beneficiary of your SIMPLE IRA. This designation can only be made on a form provided by or acceptable to us, and it will only be effective when it is filed with us during your lifetime. Unless otherwise specified, each beneficiary designation you file with us will cancel all previous ones. The consent of a beneficiary(ies) shall not be required for you to revoke a beneficiary designation. If you have designated both primary and contingent beneficiaries and no primary beneficiary(ies) survives you, the contingent beneficiary(ies) shall acquire the designated share of your SIMPLE IRA. If you do not designate a beneficiary, or if all of your primary and contingent beneficiary(ies) predecease you, your estate will be the beneficiary. A spouse beneficiary shall have all rights as granted under the Code or applicable Regulations to treat your SIMPLE IRA as his or her own. We may allow, if permitted by state law, an original SIMPLE IRA beneficiary(ies) (the beneficiary(ies) who is entitled to receive distribution(s) from an inherited SIMPLE IRA at the time of your death) to name a successor beneficiary(ies) for the inherited SIMPLE IRA. This designation can only be made on a form provided by or acceptable to us, and it will only be effective when it is filed with us during the original SIMPLE IRA beneficiary s(ies ) lifetime. Unless otherwise specified, each beneficiary designation form that the original SIMPLE IRA beneficiary(ies) files with us will cancel all previous ones. The consent of a successor beneficiary(ies) shall not be required for the original SIMPLE IRA beneficiary(ies) to revoke a successor beneficiary(ies) designation. If the original SIMPLE IRA beneficiary(ies) does not designate a successor beneficiary(ies), his or her estate will be the successor beneficiary. In no event shall the successor beneficiary(ies) be able to extend the distribution period beyond that required for the original SIMPLE IRA beneficiary Required Minimum Distributions: Your required minimum distribution is calculated using the uniform lifetime table in Regulations section 1.401(a)(9)- 9. However, if your spouse is your sole designated beneficiary and is more than 10 years younger than you, your required minimum distribution is calculated each year using the joint and last survivor table in Regulations section 1.401(a)(9)-9. If you fail to request your required minimum distribution by your required beginning date, we can, at our complete and sole discretion, do any one of the following: make no distribution until you give us a proper withdrawal request; distribute your entire SIMPLE IRA to you in a single sum payment; or determine your required minimum distribution from your SIMPLE IRA each year based on your life expectancy, calculated using the uniform lifetime table in Regulations section 1.401(a)(9)-9, and pay those distributions to you until you direct otherwise. We will not be liable for any penalties or taxes related to your failure to take a required minimum distribution Termination of Agreement, Resignation, or Removal of Custodian: Either party may terminate this Agreement at any time by giving written notice to the other. We can resign as Custodian at any time effective 30 days after we mail written notice of our resignation to you. Upon receipt of that notice, you must make arrangements to transfer your SIMPLE IRA to another financial organization. If you do not complete a transfer of your SIMPLE IRA within 30 days from the date we mail the notice to you, we have the right to transfer your SIMPLE IRA assets to a successor SIMPLE IRA custodian or trustee that we choose in our sole discretion, or we may pay your SIMPLE IRA to you in a single sum. We shall not be liable for any actions or failures to act on the part of any successor custodian or trustee, nor for any tax consequences you may incur that result from the transfer or distribution of your assets pursuant to this section. If this Agreement is terminated, we may charge to your SIMPLE IRA a reasonable amount of money that we believe is necessary to cover any associated costs, including but not limited to, one or more of the following: any fees, expenses or taxes chargeable against your SIMPLE IRA; any penalties or surrender charges associated with the early withdrawal of any savings instrument or other investment in your SIMPLE IRA. If we are required to comply with Regulations section (e), and we fail to do so, or we are not keeping the records, making the returns or sending the statements as are required by forms or Regulations, the IRS may, after notifying you, require you to substitute another trustee or custodian. We may establish a policy requiring distribution of the entire balance of your SIMPLE IRA to you in cash or property if the balance of your SIMPLE IRA drops below the minimum balance required under the applicable investment or policy established Successor Custodian: If our organization changes its name, reorganizes, merges with another organization (or comes under the control of any federal or state agency), or if our entire organization (or any portion which includes your SIMPLE IRA) is bought by another organization, that organization (or agency) shall automatically become the trustee or custodian of your SIMPLE IRA, but only if it is the type of organization authorized to serve as a SIMPLE IRA trustee or custodian. #1100 (10/2006) Page 4 of BISYS Retirement Services
8 8.10 Amendments: We have the right to amend this Agreement at any time. Any amendment we make to comply with the Code and related Regulations does not require your consent. You will be deemed to have consented to any other amendment unless, within 30 days from the date we mail the amendment, you notify us in writing that you do not consent Withdrawals or Transfers: All requests for withdrawal or transfer shall be in writing on a form provided by or acceptable to us. The method of distribution must be specified in writing. The tax identification number of the recipient must be provided to us before we are obligated to make a distribution. Withdrawals shall be subject to all applicable tax and other laws and regulations, including possible early withdrawal penalties or surrender charges and withholding requirements Transfers from Other Plans: We can receive amounts transferred or rolled over to this SIMPLE IRA from the custodian or trustee of another SIMPLE IRA. We reserve the right not to accept any transfer or rollover Liquidation of Assets: We have the right to liquidate assets in your SIMPLE IRA if necessary to make distributions or to pay fees, expenses, taxes, penalties or surrender charges properly chargeable against your SIMPLE IRA. If you fail to direct us as to which assets to liquidate, we will decide, in our complete and sole discretion, and you agree not to hold us liable for any adverse consequences that result from our decision Restrictions on the Fund: Neither you nor any beneficiary may sell, transfer or pledge any interest in your SIMPLE IRA in any manner whatsoever, except as provided by law or this Agreement. The assets in your SIMPLE IRA shall not be responsible for the debts, contracts or torts of any person entitled to distributions under this Agreement What Law Applies: This Agreement is subject to all applicable federal and state laws and regulations. If it is necessary to apply any state law to interpret and administer this Agreement, the law of our domicile shall govern. If any part of this Agreement is held to be illegal or invalid, the remaining parts shall not be affected. Neither your nor our failure to enforce at any time or for any period of time any of the provisions of this Agreement shall be construed as a waiver of such provisions, or your right or our right thereafter to enforce each and every such provision Summary Description Requirements: Notwithstanding Article V above, we will be deemed to have satisfied our summary description reporting requirements under Code section 408(l)(2) if either a. we provide a summary description directly to you, or b. we provide our name, address and withdrawal procedures to you, and your employer provides you with all other required information. General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Purpose of Form Form 5305-SA is a model custodial account agreement that meets the requirements of sections 408(a) and 408(p) and has been pre-approved by the IRS. A SIMPLE individual retirement account (SIMPLE IRA) is established after the form is fully executed by both the individual (Participant) and the Custodian. This account must be created in the United States for the exclusive benefit of the Participant and his or her beneficiaries. Do not file Form 5305-SA with the IRS. Instead, keep it with your records. For more information on SIMPLE IRAs, including the required disclosures the Custodian must give the Participant, see Pub. 590, Individual Retirement Arrangements (IRAs). Definitions Participant. The participant is the person who establishes the custodial account. Custodian. The custodian must be a bank or savings and loan association, as defined in section 408(n), or any person who has the approval of the IRS to act as custodian. Transfer SIMPLE IRA This SIMPLE IRA is a transfer SIMPLE IRA if it is not the original recipient of contributions under any SIMPLE IRA plan. The summary description requirements of section 408(l)(2) do not apply to transfer SIMPLE IRAs. Specific Instructions Article IV. Distributions made under this article may be made in a single sum, periodic payment, or a combination of both. The distribution option should be reviewed in the year the Participant reaches age 70½ to ensure that the requirements of section 408(a)(6) have been met. Article VIII. Article VIII and any that follow it may incorporate additional provisions that are agreed to by the Participant and Custodian to complete the agreement. They may include, for example, definitions, investment powers, voting rights, exculpatory provisions, amendment and termination, removal of the Custodian, Custodian s fees, state law requirements, beginning date of distributions, accepting only cash, treatment of excess contributions, prohibited transactions with the Participant, etc. Attach additional pages if necessary. #1100 (10/2006) Page 5 of BISYS Retirement Services
9 RIGHT TO REVOKE YOUR SIMPLE IRA You have the right to revoke your SIMPLE IRA within seven (7) days of the receipt of the Disclosure Statement. If revoked, you are entitled to a full return of the contribution you made to your SIMPLE IRA. The amount returned to you would not include an adjustment for such items as sales commissions, administrative expenses, or fluctuation in market value. You may make this revocation only by mailing or delivering a written notice to the Custodian at the address listed on the Application. If you send your notice by first class mail, your revocation will be deemed mailed as of the postmark date. If you have any questions about the procedure for revoking your SIMPLE IRA, please call the Custodian at the telephone number listed on the Application. REQUIREMENTS OF A SIMPLE IRA A. CASH CONTRIBUTIONS Your contribution must be in cash, unless it is a rollover contribution. B. MAXIMUM CONTRIBUTION The only contributions which may be made to your SIMPLE IRA are employee elective deferrals under a qualified salary reduction agreement, employer contributions and other contributions allowed by Code or related Regulations, which are made under a SIMPLE IRA plan maintained by your employer. Employee elective deferrals shall not exceed the lesser of 100 percent of your compensation for the calendar year or $7,000 for 2002, $8,000 for 2003, $9,000 for 2004, and $10,000 for 2005 with possible cost-of-living adjustments in 2006 and thereafter. Your employer may make additional contributions to your SIMPLE IRA within the limits prescribed in Internal Revenue Code (Code) section 408(p). Your employer is required to provide you with information which describes the terms of its SIMPLE IRA plan. C. CATCH-UP CONTRIBUTIONS If you are age 50 or older by the close of the plan year, you may make an additional contribution to your SIMPLE IRA. The maximum additional contribution is $500 for 2002, $1,000 for 2003, $1,500 for 2004, $2,000 for 2005, $2,500 for 2006 with possible cost-of-living adjustments in year 2007 and beyond. D. NONFORFEITABILITY Your interest in your SIMPLE IRA is nonforfeitable. E. ELIGIBLE CUSTODIANS The Custodian of your SIMPLE IRA must be a bank, savings and loan association, credit union, or a person or entity approved by the Secretary of the Treasury. F. COMMINGLING ASSETS The assets of your SIMPLE IRA cannot be commingled with other property except in a common trust fund or common investment fund. G. LIFE INSURANCE No portion of your SIMPLE IRA may be invested in life insurance contracts. H. COLLECTIBLES You may not invest the assets of your SIMPLE IRA in collectibles (within the meaning of Code section 408(m)). A collectible is defined as any work of art, rug or antique, metal or gem, stamp or coin, alcoholic beverage, or other tangible personal property specified by the Internal Revenue Service (IRS). However, specially minted United States gold and silver coins, and certain stateissued coins are permissible investments. Platinum coins and certain gold, silver, platinum or palladium bullion (as described in Code section 408(m)(3)) are also permitted as SIMPLE IRA investments. I. REQUIRED MINIMUM DISTRIBUTIONS You are required to take minimum distributions from your SIMPLE IRA at certain times in accordance with Regulations section Below is a summary of the SIMPLE IRA distribution rules. 1. You are required to take a minimum distribution from your SIMPLE IRA for the year in which you reach age 70½ and for each year thereafter. You must take your first distribution by your required beginning date, which is April 1 of the year following the year you attain age 70½. The minimum distribution for any taxable year is equal to the amount obtained by dividing the account balance at the end of the prior year by the applicable divisor. 2. The applicable divisor is generally determined using the uniform lifetime table provided by the IRS. The table assumes a designated beneficiary exactly 10 years younger than you, regardless of who is named as your beneficiary(ies), if any. If your spouse is your sole designated beneficiary, and is more than 10 years younger than you, the required minimum distribution is determined annually using the actual joint life expectancy of you and your spouse obtained from the joint and last survivor table provided by the IRS, rather than the life expectancy divisor from the uniform lifetime table. We reserve the right to do any one of the following by April 1 of the year following the year in which you turn age 70½ (a) make no distribution until you give us a proper withdrawal request, (b) distribute your entire SIMPLE IRA to you in a single sum payment, or (c) determine your required minimum distribution each year based on your life expectancy calculated using the uniform lifetime table, and pay those distributions to you until you direct otherwise. 3. Your designated beneficiary is determined based on the beneficiary(ies) designated as of the date of your death, who remains your beneficiary(ies) as of September 30 of the year following the year of your death. If you die, DISCLOSURE STATEMENT (a) on or after your required beginning date, distributions must be made to your beneficiary(ies) over the longer of the single life expectancy of your designated beneficiary(ies), or your remaining life expectancy. If a beneficiary other than an individual or qualified trust as defined in the Regulations is named, you will be treated as having no designated beneficiary of your SIMPLE IRA for purposes of determining the distribution period. If there is no designated beneficiary of your SIMPLE IRA, distributions will commence using your single life expectancy, reduced by one in each subsequent year. (b) before your required beginning date, the entire amount remaining in your account will, at the election of your designated beneficiary(ies), either (i) be distributed by December 31 of the year containing the fifth anniversary of your death, or (ii) be distributed over the remaining life expectancy of your designated beneficiary(ies). If your spouse is your sole designated beneficiary, he or she must elect either option (i) or (ii) by the earlier of December 31 of the year containing the fifth anniversary of your death, or December 31 of the year you would have attained age 70½. Your designated beneficiary(ies), other than a spouse who is the sole designated beneficiary, must elect either option (i) or (ii) by December 31 of the year following the year of your death. If no election is made, distribution will be calculated in accordance with option (ii). In the case of distributions under option (ii), distributions must commence by December 31 of the year following the year of your death. Generally if your spouse is the designated beneficiary, distributions need not commence until December 31 of the year you would have attained age 70½, if later. If a beneficiary(ies) other than an individual or qualified trust as defined in the Regulations is named, you will be treated as having no designated beneficiary(ies) of your SIMPLE IRA for purposes of determining the distribution period. If there is no designated beneficiary of your SIMPLE IRA, the entire SIMPLE IRA must be distributed by December 31 of the year containing the fifth anniversary of your death. A spouse beneficiary shall have all rights as granted under the Code or applicable Regulations to treat your SIMPLE IRA as his or her own. INCOME TAX CONSEQUENCES OF ESTABLISHING A SIMPLE IRA A. DEDUCTIBILITY FOR SIMPLE IRA CONTRIBUTIONS You may not take a deduction for the amounts contributed to your SIMPLE IRA as either employee elective deferrals or employer contributions. However, employee elective deferrals to a SIMPLE IRA will reduce your taxable income. Further, employer SIMPLE IRA contributions, including earnings, will not be taxable to you until you take a distribution from your SIMPLE IRA. Participation in your employer s SIMPLE IRA plan renders you an active participant for purposes of determining whether or not you can deduct contributions to a Traditional IRA. B. TAX CREDIT FOR CONTRIBUTIONS You may be eligible to receive a tax credit for your SIMPLE IRA deferrals. This credit will be allowed in addition to any tax deduction that may apply, and may not exceed $1,000 in a given year. You may be eligible for this tax credit if you are age 18 or older as of the close of the taxable year, not a dependent of another taxpayer, and not a full-time student. The credit is based upon your income (see chart below), and will range from 0 to 50 percent of eligible contributions. In order to determine the amount of your contributions, add all of the deferrals made to your SIMPLE IRA and reduce these contributions by any distributions that you may have taken during the testing period. The testing period begins two years prior to the year for which the credit is sought and ends on the tax return due date (including extensions) for the year for which the credit is sought. In order to determine your tax credit, multiply the applicable percentage from the chart below by the amount of your contributions that do not exceed $2,000. Joint Return $1-30,000 30,001-32,500 32,501-50,000 Over 50,000 Adjusted Gross Income* Head of a Household $1-22,500 22,501-24,375 24,376-37,500 Over 37,500 All Other Cases $1-15,000 15,001-16,250 16,251-25,000 Over 25,000 Applicable Percentage *Adjusted gross income includes foreign earned income and income from Guam, America Samoa, North Mariana Islands and Puerto Rico. AGI limits are subject to cost-of-living adjustments for tax years beginning after C. TAX-DEFERRED EARNINGS The investment earnings of your SIMPLE IRA are not subject to federal income tax until distributions are made (or, in certain instances, when distributions are deemed to be made). D. ROLLOVERS AND CONVERSIONS Your SIMPLE IRA may be rolled over to a SIMPLE IRA of yours, may receive rollover contributions, and may be converted to a Roth IRA, provided that all of the applicable rollover and #1100 (10/2006) Page 6 of BISYS Retirement Services
10 conversion rules are followed. Rollover is a term used to describe a tax-free movement of cash or other property from your SIMPLE IRA to either a Traditional IRA or another SIMPLE IRA. Conversion is a term used to describe the movement of SIMPLE IRA assets to a Roth IRA. A conversion is generally a taxable event. The rollover and conversion rules are generally summarized below. These transactions are often complex. If you have any questions regarding a rollover or conversion, please see a competent tax advisor. 1. SIMPLE IRA to SIMPLE IRA Rollovers Funds distributed from your SIMPLE IRA may be rolled over to a SIMPLE IRA of yours if the requirements of Code section 408(d)(3) are met. A proper SIMPLE IRA to SIMPLE IRA rollover is completed if all or part of the distribution is rolled over not later than 60 days after the distribution is received. You may not have completed another SIMPLE IRA to SIMPLE IRA rollover from the distributing SIMPLE IRA during the 12 months preceding the date you receive the distribution. Further, you may roll over the same dollars or assets only once every 12 months. 2. SIMPLE IRA to Traditional IRA Rollovers Funds may be distributed from your SIMPLE IRA and rolled over to your Traditional IRA without IRS penalty, provided two years have passed since you first participated in a SIMPLE IRA plan sponsored by your employer. As with SIMPLE IRA to SIMPLE IRA rollovers, the requirements of Code section 408(d)(3) must be met. A proper SIMPLE IRA to Traditional IRA rollover is completed if all or part of the distribution is rolled over not later than 60 days after the distribution is received. You may not have completed another SIMPLE IRA to Traditional IRA or SIMPLE IRA to SIMPLE IRA rollover from the distributing SIMPLE IRA during the 12 months preceding the date you receive the distribution. Further, you may roll over the same dollars or assets only once every 12 months. 3. SIMPLE IRA to Employer-Sponsored Retirement Plans As permitted by Code or applicable Regulations, you may roll over, directly or indirectly, any eligible rollover distribution from a SIMPLE IRA to an employer s qualified retirement plan, 403(a) annuity, 403(b) tax-sheltered annuity, or 457(b) eligible governmental deferred compensation plan, provided two years have passed since you first participated in a SIMPLE IRA plan sponsored by your employer. However, the employer-sponsored retirement plan must allow for such rollover contributions. An eligible rollover distribution is defined as any taxable distribution from a SIMPLE IRA that is not a part of a required minimum distribution. An employer-sponsored retirement plan may not be rolled over to a SIMPLE IRA. 4. SIMPLE IRA to Roth IRA Conversions If your modified adjusted gross income is not more than $100,000 and you are not married filing a separate income tax return, you are eligible to convert all or any portion of your existing SIMPLE IRA(s) into your Roth IRA(s), provided two years have passed since you first participated in a SIMPLE IRA plan sponsored by your employer. Beginning in 2010, the $100,000 MAGI limit and the married filing separate tax filing restriction will be eliminated for conversion eligibility. If you are age 70½ or older you must remove your required minimum distribution prior to converting your SIMPLE IRA. The amount of the conversion from your SIMPLE IRA to your Roth IRA shall be treated as a distribution for income tax purposes, and is includible in your gross income. Although the conversion amount is generally included in income, the 10 percent early distribution penalty shall not apply to conversions from a SIMPLE IRA to a Roth IRA, regardless of whether you qualify for any exceptions to the 10 percent penalty. 5. Written Election At the time you make a proper rollover to a SIMPLE IRA, you must designate in writing to us, your election to treat that contribution as a rollover. Once made, the rollover election is irrevocable. E. RECHARACTERIZATIONS If you have converted from a SIMPLE IRA to a Roth IRA, you may recharacterize the conversion along with net income attributable back to the SIMPLE IRA. The deadline for completing a recharacterization is your tax filing deadline (including any extensions), for the year in which the conversion was completed. LIMITATIONS AND RESTRICTIONS A. DEDUCTION OF ROLLOVERS AND TRANSFERS A deduction is not allowed for rollover contributions or transfers. B. GIFT TAX Transfers of your SIMPLE IRA assets to a beneficiary made during your life and at your request may be subject to federal gift tax under Code section C. SPECIAL TAX TREATMENT Capital gains treatment and 10-year forward income averaging authorized by Code section 402 do not apply to SIMPLE IRA distributions. D. INCOME TAX TREATMENT Any withdrawal from your SIMPLE IRA is subject to federal income tax withholding. You may, however, elect not to have withholding apply to your SIMPLE IRA withdrawal. If withholding is applied to your withdrawal, not less than 10 percent of the amount withdrawn must be withheld. E. PROHIBITED TRANSACTIONS If you or your beneficiary engage in a prohibited transaction with your SIMPLE IRA, as described in Code section 4975, your SIMPLE IRA will lose its tax-deferred status, and you must include the value of your account in your gross income for the taxable year you engage in the prohibited transaction. The following transactions are examples of prohibited transactions with your SIMPLE IRA: (1) taking a loan from your SIMPLE IRA; (2) buying property for personal use (present or future) with SIMPLE IRA funds; or (3) receiving certain bonuses or premiums because of your SIMPLE IRA. F. PLEDGING If you pledge any portion of your SIMPLE IRA as collateral for a loan, the amount so pledged will be treated as a distribution, and will be included in your gross income for the taxable year in which you pledge the assets. FEDERAL TAX PENALTIES A. EARLY DISTRIBUTION PENALTY If you are under age 59½ and receive a SIMPLE IRA distribution, an additional tax of 10 percent will apply, unless made on account of 1) death, 2) disability, 3) a qualifying rollover, 4) the timely withdrawal of an excess contribution, 5) a series of substantially equal periodic payments (at least annual payments) made over your life expectancy or the joint life expectancy of you and your beneficiary, 6) medical expenses which exceed 7.5 percent of your adjusted gross income, 7) health insurance payments if you are separated from employment and have received unemployment compensation under a federal or state program for at least 12 weeks, 8) certain qualified education expenses, 9) first-home purchases (up to a life-time maximum of $10,000), 10) a levy issued by the IRS, or 11) active military duty (see Qualified Reservist Distributions, below). This additional tax will apply only to the portion of a distribution which is includible in your taxable income. If less than two years have passed since you first participated in a SIMPLE IRA plan sponsored by your employer, the additional tax shall be increased from 10 percent to 25 percent. B. EXCESS CONTRIBUTION PENALTY An additional tax may be assessed against you by the IRS for contributions which exceed the permissible limits under Code section 408(a) and 408(p). C. EXCESS ACCUMULATION PENALTY As previously described, you must take a required minimum distribution by your required beginning date for the year you attain age 70½ and by the end of each year thereafter. Your beneficiary(ies) is required to take certain minimum distributions after your death. An additional tax of 50 percent is imposed on the amount of the required minimum distribution which should have been taken but was not. D. PENALTY REPORTING You must file IRS Form 5329 along with your income tax return to the IRS to report and remit any additional taxes. OTHER A. IRS PLAN APPROVAL The Agreement used to establish this SIMPLE IRA has been approved by the IRS. The IRS approval is a determination only as to form. It is not an endorsement of the plan in operation or of the investments offered. B. ADDITIONAL INFORMATION You may obtain further information on SIMPLE IRAs from your District Office of the IRS. In particular, you may wish to obtain IRS Publication 590, Individual Retirement Arrangements, by calling TAX-FORM, or by visiting on the Internet. C. IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING A NEW ACCOUNT To help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial organizations to obtain, verify, and record information that identifies each person who opens an account. What this means for you: When you open an account, you are required to provide your name, residential address, date of birth, and identification number. We may require other information that will allow us to identify you. D. HURRICANE-RELATED RELIEF If you are an individual who sustained an economic loss due to, or are otherwise considered affected by, hurricane Katrina, Rita or Wilma, you may be eligible for favorable tax treatment on distributions and rollovers from your SIMPLE IRA. Qualified distributions include SIMPLE IRA distributions made on or after specified dates for each hurricane and before January 1, 2007 to a qualified individual. For a complete definition of what constitutes a qualified individual and a qualified hurricane distribution for purposes of hurricane relief, refer to IRS Publication 4492, Information for Taxpayers Affected by Hurricanes Katrina, Rita and Wilma Percent Penalty Exception on Qualified Distributions Qualified hurricane distributions are not subject to the 10 percent early distribution penalty tax. This penalty exception applies only to the first $100,000 of qualified distributions to each individual. 2. Taxation May be Spread Over Three Years If you receive qualified hurricane distributions, you may elect to include the distribution in your gross income ratably over three years, beginning with the year of the distribution. 3. Repayment of Qualified Hurricane Distributions You may roll over qualified hurricane distributions to an eligible retirement plan, and avoid federal income taxation, within three years of the date of receipt of the distribution. The 60-day rollover rule does not apply to these distributions. For further detailed information on tax relief granted for hurricanes Katrina, Rita and Wilma, and other exceptions which may be granted in the future by the IRS, you may wish to obtain IRS Publication 590, Individual Retirement Arrangements, by calling TAXFORM, or by visiting on the Internet. E. QUALIFIED RESERVIST DISTRIBUTIONS If you are a qualified reservist called to active duty, you may be eligible to take penalty-free distributions from your SIMPLE IRA and recontribute those amounts to an IRA generally within a two-year period from your date of return. For further detailed information you may wish to obtain IRS Publication 590, Individual Retirement Arrangements from the IRS. #1100 (10/2006) Page 7 of BISYS Retirement Services
11 SIMPLE IRA Plan Savings Incentive Match Plan For Employees ADOPTION AGREEMENT EMPLOYER INFORMATION Name of Adopting Employer Address City State Zip Telephone Adopting Employer's Federal Tax Identification Number SECTION 1. ESTABLISHMENT AND PURPOSE OF PLAN There are no elections required for Section One. Refer to the Basic Plan Document for information regarding this section. SECTION 2. EFFECTIVE DATES Complete Option A or B. Option A: This is the initial adoption of a SIMPLE IRA plan by the Employer. The Effective Date of this Plan is. NOTE: The Effective Date may be any date between January 1 and October 1. Option B: This is an amendment and restatement of an existing SIMPLE IRA plan (a Prior Plan). The Prior Plan was initially effective on. The Effective Date of this amendment and restatement is January 1,. SECTION 3. ELIGIBILITY REQUIREMENTS Complete Parts A through C. Part A. Service Requirement Option 1: Full Eligibility. All Employees are eligible. Option 2: Limited Eligibility. Eligibility is limited to each Employee who satisfies the requirements in both (a) and (b) below. (a) Prior Year Compensation. An Employee who has received at least $5,000,or, if lesser, in Compensation during any 2, or (specify 0 or 1), if less, preceding Years (need not be consecutive); and (b) Current Year Compensation. An Employee who is reasonably expected to receive at least $5,000, or, if lesser, in Compensation during the current Year. NOTE: If no option is selected, Option 1 shall be deemed to be selected. Part B. Exclusion of Certain Classes of Employees All Employees will be eligible to become Participants in the Plan except: (Select any that apply) 1. Collective bargaining unit Employees as described in Section 3.02(A) of the Plan. If not selected this box will be deemed to be selected if the exclusive plan requirement as described in Section 1.03 of the Plan applies. 2. Non-resident aliens as described in Section 3.02(B) of the Plan. 3. Acquired Employees as described in Section 3.02(C) of the Plan. If not selected, this box will be deemed to be selected if there is a failure to meet the exclusive plan requirement due to an acquisition or similar transaction as described in Section 1.03(A) of the Plan. Part C. Election Periods (Select one) In addition to the 60-day Election Period described in Section 3.04 of the Plan, a Participant may make or modify a Salary Reduction Agreement during the following Election Periods: (Specify a period or periods (e.g., semi-annually, quarterly, monthly or daily) that will apply uniformly to all Participants.) SECTION 4. CONTRIBUTIONS Review and complete, where applicable, Parts A through C. Part A. Catch-Up Contributions. Will Catch-Up Contributions, as described in Section 4.01 of the Plan, be permitted under this Plan? (Select one) Option 1: Yes. Option 2: No. NOTE: If no option is selected, Option 1 will be deemed to be selected. Part B. Employer Contributions Complete only if Section 3, Part A, Option 2 is selected. Each Year the Employer shall make either Matching Contributions or Nonelective Contributions to the SIMPLE IRAs of Participants in accordance with the rules described in Section 4.02 of the Plan. For any Year the Employer makes Nonelective Contributions, such contributions will be made on behalf of each Participant who has at least $ (enter a dollar amount no less than the amount entered in Section 3, Part A, Option 2 above, if applicable, and no greater than $5,000) of Compensation for such Year. #618 (9/2002) PF10075-QPNA 03/23/2010 Page 1 of Ascensus, Inc., Brainerd, MN
12 Part C. Use of Designated Financial Institution Will the Employer make all Plan contributions at a Designated Financial Institution? See Section 4.06 of the Plan. Option 1: Yes. Enter the name and address of the Designated Financial Institution below. Option 2: No. NOTE: If no option is selected, Option 2 will be deemed to be selected even if the information below is provided. Name of Designated Financial Institution Address City State Zip Telephone Signature for Designated Financial Institution SECTION 5. SECTION 6. AMENDMENT OR TERMINATION OF PLAN There are no elections required for Section Five. Refer to the Basic Plan Document for information regarding this section. EMPLOYER SIGNATURE I acknowledge that I have relied upon my own advisors regarding the completion of this Adoption Agreement and the legal and tax implications of adopting this Plan. I understand that my failure to properly complete this Adoption Agreement may result in adverse tax consequences. I have received a copy of this Adoption Agreement and the Basic Plan Document. Signature of Adopting Employer Date Signed (Type Name) Name of Prototype Sponsor Address City State Zip Telephone #618 (9/2002) PF10075-QPNA 03/23/2010 Page 2 of Ascensus, Inc., Brainerd, MN
13 SIMPLE IRA Plan Savings Incentive Match Plan For Employees Basic Plan Document DEFINITIONS ADOPTING EMPLOYER Means any corporation, sole proprietor or other entity named in the Adoption Agreement and any successor who by merger, consolidation, purchase or otherwise, assumes the obligations of the Plan. ADOPTION AGREEMENT Means the document executed by the Employer through which it adopts the Plan and thereby agrees to be bound by all terms and conditions of the Plan. BASIC PLAN DOCUMENT Means this prototype plan document. CODE Means the Internal Revenue Code of 1986 as amended. COMPENSATION Means with respect to an Employee the sum of the wages, tips, and other compensation from the Employer subject to federal income tax withholding (as described in Code section 6051(a)(3)) and the Employee s salary reduction contributions made under this Plan, and, if applicable, elective deferrals on behalf of the Employee under a Code section 401(k) plan, a SARSEP, a Code section 403(b) annuity contract and compensation from the Employer deferred under a Code section 457 plan required to be reported by the Employer on IRS Form W-2 Wage and Tax Statement (as described under Code section 6051(a)(8)). Compensation does not include any amounts deferred by the Employee pursuant to a Code section 125 cafeteria plan. Compensation shall include only that Compensation which is actually paid to the Employee during the Year. For purposes of the two-percent Nonelective Contribution described in Section 4.02(C) of the Plan, the annual Compensation of each Employee taken into account under the Plan shall not exceed the compensation limit described in Code section 401(a)(17) as adjusted by the Secretary of the Treasury for increases in the cost-ofliving in accordance with Code section 401(a)(17)(B). Such adjustments will be in multiples of $5,000. (The Compensation limit for 2002 is $200,000.) CONTRIBUTING PARTICIPANT Means an Employee who has met the eligibility requirements and who has enrolled as a Contributing Participant pursuant to Section 3.04(A) of the Plan and on whose behalf the Employer is contributing Elective Deferrals. EARNED INCOME Means the net earnings from self-employment in the trade or business with respect to which the Plan is established, determined under Code section 1402(a), without regard to Code section 1402(c)(6), prior to subtracting any contributions made pursuant to this Plan on behalf of the Self-Employed individual. ELECTION PERIOD Means the period during which a Participant may enroll as a Contributing Participant. The Election Period shall be the 60-day period immediately before the beginning of any Year and such other 60-day period or periods as described in Section 3.04(A) of the Plan. EMPLOYEE Means a common-law employee of the Employer, and also includes leased employees described in Code section 414(n), unless otherwise elected in the Adoption Agreement, and employees described in Code section 414(o) that are required to be treated as employed by the Employer. The term Employee also includes selfemployed individuals described in Code section 401(c)(1). EMPLOYER Means the Adopting Employer and any successor who by merger, consolidation, purchase or otherwise assumes the obligations of the Plan, provided such entity meets the eligibility requirement described in Code section 408(p)(2)(c)(i). A partnership is considered to be the Employer of each of the partners and a sole proprietorship is considered to be the Employer of the sole proprietor. If the Adopting Employer is a member of a controlled group of corporations (as defined in Code section 414(b)), a group of trades or businesses under common control (as defined in Code section 414(c)), an affiliated service group (as defined in Code section 414(m)) or is required to be aggregated with any other entity as defined in Code section 414(o), then for purposes of the Plan, the term Employer shall include the other members of such groups or other entities required to be aggregated with the Adopting Employer. An Employer meets the eligibility requirement and therefore will be eligible to maintain this Plan with respect to any Year only if the Employer had no more than 100 Employees who received at least $5,000 of Compensation from the Employer for the preceding Year. An eligible Employer who establishes and maintains a SIMPLE IRA plan for one or more Years and who fails to be an eligible Employer for any subsequent Year shall be treated as an eligible Employer for the two Years following the last Year the Employer was an eligible Employer. If such failure is due to any acquisition, disposition, or similar transaction involving an eligible Employer, the preceding sentence shall apply only in accordance with rules similar to the rules of Code section 410(b)(6)(C)(i). PARTICIPANT Means any Employee who has met the eligibility requirements of Section 3.01 of the Plan and Section 3 of the Adoption Agreement, may enroll as a Contributing Participant and is or may become eligible to receive an Employer Contribution. PLAN Means the prototype SIMPLE IRA plan adopted by the Employer that is intended to satisfy the requirements of Code section 408(p). The Plan consists of this Basic Plan Document plus the corresponding Adoption Agreement as completed and signed by the Adopting Employer. PRIOR PLAN Means a SIMPLE IRA plan which was amended or replaced by adoption of this Plan, as indicated in the Adoption Agreement. PROTOTYPE SPONSOR Means the entity specified in the Adoption Agreement that makes this prototype Plan available to employers for adoption. REGULATIONS Means the Treasury Regulations. SALARY REDUCTION AGREEMENT Means an agreement, made on a form provided by the Employer, pursuant to which a Participant may elect to have his or her Compensation reduced and paid as an Elective Deferral to his or her SIMPLE IRA by the Employer. No Salary Reduction Agreement may apply to Compensation that a Participant received, or had a right to immediately receive, before execution of the Salary Reduction Agreement. SELF-EMPLOYED INDIVIDUAL Means an individual who has Earned Income for a Year from the trade or business for which the Plan is established; also, an individual who would have had Earned Income but for the fact that the trade or business had no net profits for the Year. SIMPLE IRA Means the individual retirement account or individual retirement annuity, which satisfies the requirements of Code sections 408(p) and 408(a) or 408(b), and, with respect to which, the only contributions allowed are contributions under a SIMPLE IRA plan. SUMMARY DESCRIPTION Means a statement provided by the trustee, custodian or issuer of a SIMPLE IRA to the Adopting Employer pursuant to Section 1.05 of the Plan which contains the following information: (i) the names and addresses of the Adopting Employer and the trustee, custodian or issuer of the SIMPLE IRA; (ii) the eligibility requirements that must be satisfied to become a Participant in the Plan; (iii) the benefits provided with respect to the Plan; (iv) the timing and method of making elections with respect to the Plan; and (v) the procedures for, and effects of, withdrawals (including rollovers) from the Plan. YEAR Means the calendar year. SECTION ONE ESTABLISHMENT AND PURPOSE OF PLAN 1.01 PURPOSE The purpose of this Plan is to provide, in accordance with its provisions, a SIMPLE IRA plan providing benefits upon retirement for the individuals who are eligible to participate hereunder INTENT TO QUALIFY It is the intent of the Employer that this Plan shall be for the exclusive benefit of its Employees and shall qualify for approval under Code section 408(p), as amended from time to time (or corresponding provisions of any subsequent federal law at that time in effect) as a SIMPLE IRA plan. This document is intended to conform with the applicable rules and procedures of the Internal Revenue Service (IRS) that apply to prototype SIMPLE IRA plans. #619 (9/2002) PF10075-QPNA 03/23/2010 Page 3 of Ascensus, Inc., Brainerd, MN
14 1.03 EXCLUSIVE PLAN REQUIREMENT A. In General The Employer cannot contribute to this Plan for any Year if the Employer maintains another qualified plan with respect to which contributions are made, or benefits are accrued, for any Employee s service for any plan year beginning or ending in that Year. For this purpose, a qualified plan is defined in Code section 219(g)(5) as: a plan described in Code section 401(a) that includes a trust exempt from tax under Code section 501(a); an annuity plan described in Code section 403(a); a plan established for its employees by the United States, by a State or political subdivision thereof, or by an agency or instrumentality of any of the foregoing (but not an eligible deferred compensation plan within the meaning of Code section 457 (b)); a tax-sheltered annuity plan described in Code section 403(b); a simplified employee pension (SEP) plan described in Code section 408(k); and another SIMPLE IRA Plan described in Code section 408(p). If a failure to meet the exclusive plan requirement is due to an acquisition or similar transaction, the Employer is treated as meeting the exclusive plan requirement through the end of the following Year (through the end of the following two Years, if permitted by Code section 408(p)). However, the Employer is treated as satisfying the exclusive plan requirement only if, during the period described above, Employees who would be employed by another employer involved in the transaction had the transaction not occurred are not eligible to participate in this Plan. B. Special Rule Notwithstanding Section 1.03(A) of the Plan, the exclusive plan requirement is not violated if the Employer maintains another qualified plan that limits participation to Employees covered under a collective bargaining agreement described in Code section 410(b)(3)(A) and eligibility to participate in this Plan is limited to other Employees USE WITH SIMPLE IRA This Plan must be used with an IRS model SIMPLE IRA (Form 5305-S or Form 5305-SA) or any other plan that satisfies Code section 408(p) SUMMARY DESCRIPTION The Summary Description must be provided each Year by the trustee, custodian or issuer of a SIMPLE IRA to the Adopting Employer within a reasonable period of time prior to the Election Period. However, a trustee, custodian or issuer shall be deemed to have provided a Summary Description, if it provides, to Participants for whom it maintains SIMPLE IRAs, its name and address and its procedures for taking withdrawals from a SIMPLE IRA. In addition, the trustee, custodian or issuer must obtain reasonable assurance from the Employer that the Employer will provide its name and address, the SIMPLE IRA plan s eligibility requirements, benefits, required information about SIMPLE IRA plan elections, and the effects of withdrawal pursuant to IRS Notice 98-4, to be deemed to have provided a Summary Description FOR MORE INFORMATION To obtain more information concerning the rules governing this Plan, contact the Employer listed in Section 6 of the Adoption Agreement. SECTION TWO EFFECTIVE DATES The Effective Date means the date the Plan (or in the event a Prior Plan is amended, the restatement) becomes effective as indicated in the Adoption Agreement. SECTION THREE ELIGIBILITY AND PARTICIPATION 3.01 ELIGIBILITY REQUIREMENTS Except for those Employees described in Section 3.02 of the Plan who are excluded as indicated in the Adoption Agreement, each Employee of the Employer who fulfills the eligibility requirements specified in the Adoption Agreement shall become a Participant. Each Participant must establish a SIMPLE IRA to which Employer Contributions under this Plan will be made EXCLUSION OF CERTAIN EMPLOYEES The Employer may exclude collective bargaining unit Employees, non-resident aliens and acquired Employees, as defined in paragraphs (A) through (C) below, from participating in the Plan. A. Collective Bargaining Unit Employees A collective bargaining unit Employee is an Employee included in a unit of Employees covered by a collective bargaining agreement between the Employer and Employee representatives, if retirement benefits were the subject of good faith bargaining and if two percent or less of the Employees who are covered pursuant to that agreement are professionals as defined in Regulations section 1.410(b)-9. For this purpose, the term Employee representatives does not include any organization more than half of whose members are Employees who are owners, officers, or executives of the Employer. B. Non-Resident Aliens A non-resident alien is an Employee who is a non-resident alien, within the meaning of Code section 7701(b)(1)(B) and who received no earned income (within the meaning of Code section 911(d)(2)) from the Employer which constitutes income from sources within the United States (within the meaning of Code section 861(a)(3)). C. Acquired Employees An acquired Employee is an Employee who would be employed by another employer that has been involved in an acquisition or similar transaction with the Employer, had the transaction not occurred. An acquired Employee will not be eligible to become a Participant in the Plan for the Year of the transaction and the following Year (the following two Years if permitted by Code section 408(p)). B. Establishment of a SIMPLE IRA If a Participant fails to establish a SIMPLE IRA, the Employer may execute any necessary documents to establish a SIMPLE IRA on behalf of the Participant CONTRIBUTING PARTICIPANT A. Requirements to Enroll as a Contributing Participant A Participant for a particular Year must be permitted to enroll as a Contributing Participant or modify an existing Salary Reduction Agreement during the 60-day period immediately preceding the Year, effective as soon as practical after receipt by the Employer (or, if later, the date specified by the Participant in the Salary Reduction Agreement) but not earlier than the first pay period beginning during the Year. In the case of a Participant who becomes eligible to participate after the first day of the Year because (1) the Plan does not impose a prior-year Compensation requirement, (2) the Participant satisfied the Plan s prior-year Compensation requirement during a prior period of employment with the Employer, or (3) the Plan is first effective after the beginning of a Year, the Participant must be permitted to enroll as a Contributing Participant or modify an existing Salary Reduction Agreement during the 60-day Election Period that begins on the day notice is provided to the Participant and that includes the day the Participant begins participating or the day before. In this case, the Salary Reduction Agreement will become effective as soon as practical after receipt by the Employer (or, if later, the date specified by the Participant in the Salary Reduction Agreement). Notwithstanding the foregoing, any Salary Reduction Agreement completed by the Participant may be modified prospectively at any time during the Election Period. In addition to the Election Periods described above, a Participant may make or modify an existing Salary Reduction Agreement during any additional Election Periods specified in the Adoption Agreement. If a Salary Reduction Agreement is made or modified during one of these additional Election Periods, it will become effective as soon as practical after receipt of the Salary Reduction Agreement by the Employer or, if later, the date specified by the Participant in the Salary Reduction Agreement ADMITTANCE AS A PARTICIPANT The Employer shall notify each Participant immediately before each Election Period of the Participant s opportunity to complete a Salary A. Notification of Eligibility The Employer shall notify each Employee who becomes a Participant of his or her status as a Participant in the Plan and of his or her duty to establish a SIMPLE IRA to which Employer Contributions may be made. Unless the Employer elects to make all Plan contributions to a Designated Financial Institution, the Employer must permit each Participant to select the financial institution that will serve as trustee, custodian or issuer of the SIMPLE IRA to which the Employer will make all contributions on behalf of such Participant. Reduction Agreement. The notice shall include, pursuant to rules or procedures promulgated by the IRS, a copy of the Summary Description as described in Code section 408(l)(2)(B) and this Plan. (Code section 6693(c)(1) provides that if the Employer fails to provide one or more notices, such Employer may be subject to a penalty of $50 per day for each day that the failure to provide notice occurs.) #619 (9/2002) PF10075-QPNA 03/23/2010 Page 4 of Ascensus, Inc., Brainerd, MN
15 A Participant who desires to enroll as a Contributing Participant must complete, sign and deliver to the Employer a Salary Reduction Agreement during the Election Period. In addition, the Employer, in a uniform and nondiscriminatory manner, may provide additional opportunities for Participants to enroll as Contributing Participants in accordance with procedures established by the Employer. B. Modification of Elective Deferrals Each Contributing Participant shall be notified by the Employer, immediately before each Election Period, of his or her right to increase or decrease the amount of Compensation deferred into his or her SIMPLE IRA under the Plan. A Contributing Participant who desires to make such a modification shall complete, sign and file a new Salary Reduction Agreement with the Employer during the Election Period. In addition, if the Employer permits, in a uniform and nondiscriminatory manner, a Contributing Participant may modify his or her Salary Reduction Agreement more frequently in accordance with procedures established by the Employer. C. Withdrawal as a Contributing Participant A Participant may withdraw as a Contributing Participant at any time during the Year by revoking his or her authorization to the Employer to make Elective Deferrals on his or her behalf. A Participant who desires to withdraw as a Contributing Participant shall give written notice of withdrawal to the Employer. The notice of withdrawal must become effective as soon as practical after receipt of the notice by the Employer, or if later, the date specified by the Participant on such notice. A Participant shall cease to be a Contributing Participant upon his or her termination of employment, or on account of termination of the Plan. D. Return as Contributing Participant after Withdrawal A Participant who has withdrawn as a Contributing Participant may not again become a Contributing Participant until the first day of the first Year following the effective date of his or her withdrawal as a Contributing Participant, unless the Employer, in a uniform and nondiscriminatory manner, permits withdrawing Participants to resume their status as Contributing Participants sooner DETERMINATIONS UNDER THIS SECTION The Employer shall determine the eligibility of each Employee to be a Participant. This determination shall be conclusive and binding upon all persons except as otherwise provided herein or by law LIMITATION RESPECTING EMPLOYMENT Neither the fact of the establishment of the Plan, nor the fact that an Employee has become a Participant, shall give to that Employee any right to continued employment; nor shall either fact limit the right of the Employer to discharge or to deal otherwise with an Employee without regard to the effect such treatment may have upon the Employee s rights under the Plan. SECTION FOUR CONTRIBUTIONS AND ALLOCATIONS 4.01 ELECTIVE DEFERRALS AND CATCH-UP CONTRIBUTIONS A. Elective Deferrals Elective Deferrals are contributions made by the Employer to the Plan on behalf of a Contributing Participant under a Salary Reduction Agreement. Elective Deferrals shall include catch-up contributions made to the Plan pursuant to Code section 414(v) and the applicable Regulations and other guidance of general applicability issued thereunder as described in Section 4.01(B) of this Plan. Each Participant who has met the eligibility requirements may elect under a Salary Reduction Agreement to have his or her Compensation reduced by a percentage or a fixed dollar amount. The salary reduction election shall be in writing and delivered to the Employer. The amount of such reduction shall be contributed by the Employer to a SIMPLE IRA on behalf of the Contributing Participant. For any Year, a Contributing Participant's Elective Deferrals shall not exceed $7,000 for 2002, $8,000 for 2003, $9,000 for 2004, and $10,000 for 2005 and later years. After 2005, the maximum amount may be adjusted for cost-ofliving increases. Such adjustments will be in multiples of $500. At the election of a Contributing Participant, the Employer shall contribute Elective Deferrals to the SIMPLE IRA of such Contributing Participant. Elective Deferrals for a Contributing Participant must be deposited to the SIMPLE IRA of such Contributing Participant by the Employer as of the earlier of: (1) the first date on which such Elective Deferrals can reasonably be segregated from the Employer s general assets or, (2) the close of the 30-day period following the last day of the month in which the contribution is withheld from the Contributing Participant s pay. B. Catch-Up Contribution Unless otherwise specified in Section 4 in the Adoption Agreement, a Contributing Participant who attains age 50 on or before the end of the Year can elect to have his or her Elective Deferrals increased above the amounts specified in Section 4.01(A) of the Plan. The additional amount shall not be greater than $500 for 2002, $1,000 for 2003, $1,500 for 2004, $2,000 for 2005, and $2,500 for 2006 and later years. After 2006, the additional amount may be adjusted for cost-of-living increases. Such adjustments will be in multiples of $ REQUIRED EMPLOYER CONTRIBUTIONS A. Employer Must Make Certain Contributions An Employer Contribution is the amount contributed by the Employer to this Plan. Each Year, the Employer shall make either the Matching Contribution described in Section 4.02(B) of the Plan or the Nonelective Contribution described in Section 4.02(C) of the Plan to the SIMPLE IRAs of Participants entitled thereto. Such contributions for any Year shall be made not later than the due date for filing the Employer s tax return for such Year (including extensions). B. Matching Contribution A Matching Contribution means an Employer Contribution made pursuant to this Plan on behalf of a Contributing Participant on account of an Elective Deferral, including Catch-up Contributions, made by such Contributing Participant. The Employer may satisfy the requirement set forth in Section 4.02(A) of the Plan by making a Matching Contribution to the SIMPLE IRA of each Contributing Participant for any Year in an PF10075-QPNA 03/23/2010 amount equal to the amount of the Contributing Participant s Elective Deferral which does not exceed three percent of the Contributing Participant s Compensation for the Year (the Matching Contribution percentage ). Notwithstanding the foregoing, the Employer may elect to apply a lower Matching Contribution percentage (not less than one percent) for any Year for all Contributing Participants if the Employer notifies Participants of such lower Matching Contribution percentage within a reasonable period of time before the Election Period for such Year. The Employer may not elect a lower Matching Contribution percentage for any Year if that election would result in the Matching Contribution percentage being lower than three percent in more than two of the Years in the five- Year period ending with such Year. If any Year in the five-year period described in the preceding sentence is a Year prior to the first Year for which this SIMPLE IRA plan (or a Prior Plan) is in effect with respect to the Employer (or any predecessor employer), the Employer shall be treated as if the Matching Contribution percentage was equal to three percent of Compensation for such prior Year. C. Nonelective Contribution The Employer may satisfy the requirement set forth in Section 4.02(A) of the Plan by making a Nonelective Contribution of two percent of Compensation to the SIMPLE IRA of each Participant who has at least $5,000 of Compensation (or such lesser amount of Compensation as may be specified in the Adoption Agreement) from the Employer for the Year provided the Employer notifies Participants that the Employer will be making a Nonelective Contribution within a reasonable period of time before the Election Period for such Year NO OTHER CONTRIBUTIONS The Employer shall make no contributions to the SIMPLE IRAs of Participants other than Elective Deferrals made pursuant to Section 4.01 of the Plan and those contributions required under Section 4.02 of the Plan. Nothing herein shall prevent an Employee from rolling over or transferring funds from another SIMPLE IRA to a SIMPLE IRA maintained under this Plan VESTING AND WITHDRAWAL RIGHTS All Employer Contributions made under the Plan on behalf of Employees shall be fully vested and nonforfeitable at all times. Each Employee shall have an unrestricted right to withdraw at any time all or a portion of the Employer Contributions made on his or her behalf. However, withdrawals taken are subject to the taxation and penalty provisions of the Code which are applicable to distributions from SIMPLE IRAs SIMPLIFIED EMPLOYER REPORTS The Employer shall furnish reports, relating to account activity under the Plan, in the time and manner and containing the information prescribed by the Secretary of the Treasury. The Employer shall furnish information to the trustee, custodian or issuer of SIMPLE IRAs of Participants as such trustee, custodian or issuer may reasonably request to enable it to fulfill its reporting and other responsibilities in connection with this Plan or the SIMPLE IRAs of Participants USE OF DESIGNATED FINANCIAL INSTITUTION This Section shall apply if the Employer has indicated in Section 4 in the Adoption Agreement that the Employer will make all Plan contributions at the Designated Financial Institution specified in the Adoption Agreement provided the financial organization agrees to act as the Designated Financial Institution. A Designated #619 (9/2002) Page 5 of Ascensus, Inc., Brainerd, MN
16 Financial Institution is a financial organization which is the trustee, custodian or issuer of the SIMPLE IRAs to which Plan contributions will be made. Use of a Designated Financial Institution is not required under this Plan, unless elected in Section 4 of the Adoption Agreement. If a Designated Financial Institution is named, pursuant to the provisions of Code section 408(p)(7) the Designated Financial Institution will notify Participants in writing (either separately or as part of the notice described in Section 3.04 of the Plan) that their SIMPLE IRA balances may be transferred without cost or penalty to another SIMPLE IRA in accordance with the withdrawal and rollover provisions under Code section 408(d)(3). SECTION FIVE AMENDMENT OR TERMINATION OF PLAN 5.01 AMENDMENT BY EMPLOYER The Employer reserves the right to amend the elections made or not made in the Adoption Agreement by executing a new Adoption Agreement. The Employer shall neither have the right to amend any nonelective provision of the Adoption Agreement nor the right to amend provisions of this Basic Plan Document. If the Employer adopts an amendment to the Adoption Agreement or Basic Plan Document in violation of the preceding sentence, the Plan will be deemed to be an individually designed plan and the Employer may no longer participate in this prototype Plan AMENDMENT OR TERMINATION OF SPONSORSHIP BY PROTOTYPE SPONSOR The Employer, by adopting the Plan, expressly delegates to the Prototype Sponsor the power, but not the duty, to amend the Plan without any further action or consent of the Employer as the Prototype Sponsor deems either necessary for the purpose of adjusting the Plan to comply with all laws and applicable Regulations governing SIMPLE IRA plans or desirable to the extent consistent with such laws and applicable Regulations. Specifically, it is understood that the amendments may be made unilaterally by the Prototype Sponsor. However, it shall be understood that the Prototype Sponsor shall be under no obligation to amend the Plan documents and the Employer expressly waives any rights or claims against the Prototype Sponsor for not exercising this power to amend. An amendment by the Prototype Sponsor shall be accomplished by giving notice to the Adopting Employer of the amendment to be made. The notice shall set forth the text of such amendment and the date such amendment is to be effective. Such amendment shall take effect unless, within the 30-day period after such notice is provided, or within such shorter period as the notice may specify, the Adopting Employer gives the Prototype Sponsor written notice of refusal to consent to the amendment. Such written notice of refusal shall have the effect of withdrawing the Plan as a prototype plan and shall cause the Plan to be considered an individually designed plan. The right of the Prototype Sponsor to cause the Plan to be amended shall terminate should the Plan cease to conform as a prototype plan as provided in this or any other section. In addition to the amendment rights described above, the Prototype Sponsor shall have the right to terminate its sponsorship of this Plan by providing notice to the Adopting Employer of such termination. Such termination of sponsorship shall have the effect of withdrawing the Plan as a prototype plan and shall cause the Plan to be considered an individually designed plan. The Prototype Sponsor shall have the right to terminate its sponsorship of this Plan regardless of whether the Prototype Sponsor has terminated sponsorship with respect to other employers adopting its prototype Plan LIMITATIONS ON POWER TO AMEND No amendment by either the Employer or the Prototype Sponsor shall reduce or otherwise adversely affect any Participant s benefits acquired prior to such amendment unless it is required to maintain compliance with any law, regulation or administrative ruling pertaining to SIMPLE IRA plans. Any amendment to this SIMPLE IRA Plan can become effective only at the beginning of the Year after which Participants have been properly notified of the amendment or at such other times as permitted or required by the IRS. Participants shall be deemed to be properly notified of an amendment if the notice is provided pursuant to the notice requirements described in Section 3.04 of the Plan TERMINATION While the Employer expects to continue the Plan indefinitely, the Employer shall not be under any obligation or liability to continue contributions or to maintain the Plan for any given length of time. The Employer may terminate this Plan at any time by appropriate action of its managing body NOTICE OF AMENDMENT OR TERMINATION Any amendment or termination shall be communicated by the Employer to all appropriate parties as required by law. Amendments made by the Prototype Sponsor shall be furnished to the Employer and communicated by the Employer to all appropriate parties as required by law CONTINUANCE OF PLAN BY SUCCESSOR EMPLOYER A successor of the Employer may continue the Plan and be substituted in the place of the present Employer SENDING OF NOTICES To the extent written instructions or notices are required under this Plan, the Prototype Sponsor or Employer may accept or provide such information in any other form permitted by the Code or related regulations. Any required notice will be considered effective when it is sent to the intended recipient at the last known address which is on file with the provider of the notice LIMITATION OF LIABILITY The Prototype Sponsor, trustee, custodian or issuer of a SIMPLE IRA shall not be liable for any losses incurred by the SIMPLE IRA by any direction to invest communicated by the Employer, or any Participant or beneficiary. It is specifically understood that the Prototype Sponsor, trustee, custodian or issuer shall have no duty or responsibility with respect to the determination of the adequacy of contributions to the Plan and enforcing the payment of such contributions. In addition, it is specifically understood that the Prototype Sponsor, trustee, custodian or issuer shall have no duty or responsibility with respect to the determination of matters pertaining to the eligibility of any Employee to become a Participant or remain a Participant hereunder; it being understood that all such responsibilities under the Plan are vested in the Employer. Finally, it is specifically understood that the Prototype Sponsor shall have no responsibility for SIMPLE IRAs maintained by Participants at SIMPLE IRA trustees, custodians or issuers other than the Prototype Sponsor. SECTION SIX ADOPTING EMPLOYER SIGNATURE Section Six of the Adoption Agreement must contain the signature of an authorized representative of the Adopting Employer evidencing the Employer s agreement to be bound by the terms of the Basic Plan Document and Adoption Agreement. #619 (9/2002) PF10075-QPNA 03/23/2010 Page 6 of Ascensus, Inc., Brainerd, MN
17 SIMPLE IRA Plan About The Savings Incentive Match Plan for Employees WHAT IS SIMPLE PLAN? A savings incentive match plan for employees (SIMPLE) is a type of retirement plan which allows you, the Employer, to provide an important benefit to the Employees of your business (including yourself if you perform services for the business). An Employer may be a sole proprietor, partnership, or corporation. Amounts you contribute for your Employees under a SIMPLE IRA plan are deposited into your Employees SIMPLE IRAs. SIMPLE IRA PLAN HIGHLIGHTS Tax Advantages SIMPLE IRA plan contributions you make to your own SIMPLE IRA and your Employees SIMPLE IRAs are tax deductible to you, the Employer. Because SIMPLE IRA plan contributions are made to a SIMPLE IRA, all earnings are taxdeferred, meaning the earnings are not taxed until they are withdrawn. In addition, a SIMPLE IRA plan helps you attract and retain quality Employees while you help meet the increasing need for financial security at retirement. Employer Eligibility To be eligible to offer a SIMPLE IRA plan, your business must meet two requirements. 1. It must have 100 or fewer employees who received at least $5,000 of compensation from you in the previous calendar year; and 2. It cannot, during the current calendar year, maintain any other qualified retirement plans to which contributions are made or where benefits accrue. Participant Eligibility Not all Employees have to be covered under a SIMPLE IRA plan. At your option, you can exclude Employees who have not earned at least $5,000 during any two preceding Years and are not expected to earn at least $5,000 during the current Year. In addition, you may exclude Employees who are nonresident aliens, certain union members, and new Employees resulting from an acquisition or similar transaction (during a transition period only). WHAT ABOUT PLAN SET UP? A SIMPLE IRA plan is easy to set up and administer. To establish a SIMPLE IRA plan, you must sign an Adoption Agreement. Once the Plan is set up, all eligible Employees (including yourself) establish SIMPLE IRAs to receive contributions. All eligible Employees must complete and sign a Salary Reduction Agreement to indicate the percentage of pay they wish to contribute to the plan. Maintaining a SIMPLE IRA plan is also easy. Unlike other qualified plans, no additional reporting is required. You simply take a deduction on your tax return for the SIMPLE IRA contributions and notify Employees of the contribution and the Plan s general provisions. EMPLOYEE COMMUNICATIONS Employee Information If you have Employees, provide each eligible Employee with a Participation Notice & Summary Description. Establish SIMPLE IRAs Ensure all participating Employees have established SIMPLE IRAs. Elective Deferral Agreements Have all eligible Employees complete and sign a Salary Reduction Agreement. SUMMARY If you are interested in establishing this SIMPLE IRA Plan, consult your tax and legal advisors for guidance in selecting the Plan features which best suit your business s needs. Once you are ready to adopt the Plan, refer to the enclosed instructions for completing the documents and properly establishing your Plan. Contributions Each Employee can specify the percentage of pay he or she wants you to withhold and contribute to the Plan. The maximum amount which Participants may defer each year is limited to $10,000 for 2006, $10,500 for 2007 (after 2007 this amount is subject to cost-of-living adjustments). Further, employees that attain age 50 by the end of the Year can contribute an additional amount known as a catch-up contribution. In addition, you must make either matching contributions, generally equal to the amount of each Participant s Elective Deferrals up to three percent of his or her Compensation, or nonelective contributions equal to two percent of each Participant s Compensation. You have until the due date for filing your business s tax return (plus extensions) to make matching and nonelective contributions under your SIMPLE IRA plan. Place of Deposit All contributions made under the Plan must be deposited directly into each eligible Employee s SIMPLE IRA. Distributions Once SIMPLE IRA plan contributions are made, the normal IRA rules generally apply. For example, all earnings are tax-deferred until they are withdrawn from the SIMPLE IRA and required minimum distributions must begin by April 1 of the year following the year the SIMPLE IRA holder reaches age 70½. #600cw (1/2007) PF10075-QPNA 03/23/2010 Page 7 of Ascensus, Inc., Brainerd, MN
18 SIMPLE IRA Plan Instructions for Completing Adoption Agreement These instructions are designed to help you, the Employer, along with your attorney and/or tax advisor, establish your SIMPLE IRA Plan. The instructions are meant to be used only as a general guide and are not intended as a substitute for qualified legal or tax advice. ADOPTION AGREEMENT If you wish to have us, the financial organization sponsoring this prototype Plan, help you fill out the Adoption Agreement, we will do so. However, we recommend that you obtain the advice of your legal or tax advisor before you sign the Adoption Agreement. SECTION 1. SECTION 2. SECTION 3. Part A. Part B. SECTION 4. Part A. Part B. Part C. SECTION 5. SECTION 6. EMPLOYER INFORMATION Fill in the requested information. ESTABLISHMENT AND PURPOSE OF PLAN There are no elections required for Section One. Refer to the Basic Plan Document for information regarding this section. EFFECTIVE DATES This SIMPLE IRA Plan is either a new Plan (an initial adoption) or an amendment and restatement of a Prior Plan. If this is a new Plan, check Option A and fill in the Effective Date. The Effective Date is usually the first day of the plan year in which this Adoption Agreement is signed. For example, if this Adoption Agreement is signed on September 24, 2006, the Effective Date would be January 1, If the reason you are adopting this Plan is to amend and replace an existing SIMPLE IRA plan, check Option B. The existing plan which will be replaced is called a Prior Plan. You will need to know the Effective Date of the Prior Plan. The best way to determine its Effective Date is to refer to the Prior Plan Adoption Agreement. The Effective Date of this amendment and restatement must be the first day of the Plan Year in which the Adoption Agreement is signed. ELIGIBILITY REQUIREMENTS NOTE: Section Three should be completed even if you do not have Employees. Within limits, you as the Employer can specify the Compensation your Employees must earn from you over a period of years before they are eligible to participate in this Plan. Note that the eligibility requirements which you set up for the Plan also apply to you. Suppose, for example, you establish a service requirement requiring Employees to earn at least $5,000 in compensation from you during any two preceding years and require that Employees be expected to earn at least $5,000 during the current year, only those Employees (including yourself) would be eligible to participate in this Plan. Service Requirement If you want all Employees to be eligible to participate in the Plan, check Option 1. If you want to limit participation by including a compensation and year(s) requirement, check Option 2. Fill in the amount of annual Compensation required for participation. In addition, provide the number of preceding years Participants are required to satisfy the minimum compensation requirement. Exclusion of Certain Classes of Employees All Employees will be eligible to become participants unless indicated otherwise in the Adoption Agreement. To exclude a particular class of Employee, select the class(es) of Employees you wish to exclude from participating in this Plan. The following describes the Employees which may be excluded. 1. Employees covered by the terms of collective bargaining agreement (e.g., a union agreement) where retirement benefits were the subject of good faith bargaining. 2. Employees who are nonresident aliens without any U.S. income. 3. New Employees as a result of an acquisition or similar transaction (during a transition period). CONTRIBUTIONS Catch-Up Contributions If the Plan will allow Participants who attain age 50 by the end of the Year to make an additional Catch-Up Contribution, check Option 1. If not, then check Option 2. Employer Contributions Each Year you must make Matching or Nonelective Contributions to the SIMPLE IRAs of Participants in accordance with the Basic Plan Document. Fill in the amount of annual Compensation required for Participants to be eligible to receive Nonelective Contributions, should they be made. Use of Designated Financial Institution A Designated Financial Institution may be named for this Plan. If a Designated Financial Institution will be named, select Option 1 and list the name, address and telephone number of such institution where all SIMPLE IRA plan contributions will be made. AMENDMENT OR TERMINATION OF PLAN There are no elections required for Section Five. Refer to the Basic Plan Document for information regarding this section. EMPLOYER SIGNATURE An authorized representative of the Employer must sign and date the Adoption Agreement. In addition, the Prototype Sponsor must provide its name, address, and telephone number. OTHER ITEMS Provide a Participation Notice & Summary Description to each Employee eligible to participate in this Plan. Make sure that all eligible Employees have established SIMPLE IRAs. Distribute Salary Reduction Agreements to all eligible Employees for completion. #600cw (1/2007) PF10075-QPNA 03/23/2010 Page 8 of Ascensus, Inc., Brainerd, MN
19 SIMPLE IRA Plan ELIGIBILITY FORM The following questions are designed to help you, the Employer, along with your attorney and tax advisor, determine if you are eligible to adopt a SIMPLE IRA plan. Please answer the following questions. REQUIREMENTS YES NO 1. Do you own or control a business for which you provide personal services and receive income? If the answer is NO, STOP. You are not eligible to establish this Plan. 2. Do you have more than 100 employees who received at least $5,000 of compensation from you in the previous calendar year? If the answer is YES, STOP. You are not eligible to establish this Plan (certain acquisition exception rules apply). 3. Have you maintained any other qualified plan during the current calendar year in which contributions were made or benefits were accrued? If the answer is YES, STOP. You are not eligible to establish this Plan. NOTE: If your business is a member of a controlled group of corporations, businesses, or trades, (whether or not incorporated) within the meaning of IRC Section 414(b) or 414(c); is a member of an affiliated service group within the meaning of IRC Section 414(m); or uses the services of leased employees within the meaning of IRC Section 414(n); you may have to include the leased employees and/or employees of the other business(es) in your Plan. Please consult your tax advisor to determine what additional action, if any, you must take. SIGNATURE IMPORTANT: Please read before signing. I certify that: 1. I am an authorized representative of the Employer and the Employer is eligible to establish the SIMPLE IRA plan of the Prototype Sponsor. 2. In determining my eligibility to adopt this Plan, I relied solely upon the advice of my own advisors. 3. I agree not to hold the Prototype Sponsor responsible for any liabilities I may suffer as a result of being found ineligible to establish this Plan. DATE EXECUTED TYPE NAME OF EMPLOYER SIGNATURE OF EMPLOYER #615 (9/2002) PF10075-QPNA 03/23/2010 Page 9 of Ascensus, Inc., Brainerd, MN
20 SIMPLE IRA Plan SECTION A. Employer and Plan Information Employee Information SALARY REDUCTION AGREEMENT IMPORTANT: Carefully read all sections of this agreement before signing it. GENERAL INFORMATION Name of Employer Address City State Zip Name Home Address City State Zip Employee Number Social Security Number SECTION B. Limits On Elective Deferrals TERMS OF AGREEMENT To Be Completed By the Employer Subject to the requirements of the Employer s SIMPLE IRA Plan, each Employee who is eligible to enroll as a Contributing Participant may set aside a percentage of his or her pay into the Plan (Elective Deferrals) by signing this Salary Reduction Agreement. This Salary Reduction Agreement replaces any earlier Salary Reduction Agreement and will remain in effect as long as the Employee remains an eligible Employee or until he or she provides the Employer with a new Salary Reduction Agreement as permitted by the Plan. A Participant who is age 50 or older by the end of the Year may be allowed to make Catch-Up Contributions. A Participant s Elective Deferrals (excluding Catch-Up Contributions) may not exceed $10,000 for 2006; and $10,500 for 2007 (after 2007, this amount is subject to cost-of-living adjustments). Changing This Agreement An Employee may change the percentage of pay he or she is setting aside into the Plan. Any Employee who wishes to make such a change must complete and sign a new Salary Reduction Agreement and give it to the Employer during the Election Period or any other period the Employer specifies on the Participation Notice & Summary Description. Terminating This Agreement An Employee may terminate this Salary Reduction Agreement. After terminating this Salary Reduction Agreement, an Employee cannot again enroll as a Contributing Participant until the first day of the Year following the Year of termination or any other date the Employer specifies on the Participation Notice & Summary Description. Effective Date This Salary Reduction Agreement will be effective for the pay period which begins. SECTION C. Salary Reduction Agreement AUTHORIZATION To Be Completed By the Employee I, the undersigned Employee, wish to set aside, as Elective Deferrals, % or $ (which equals % of my current rate of pay) into my Employer s SIMPLE IRA Plan by way of payroll deduction. NOTE: If you are eligible to defer and you attain age 50 before the close of the Plan Year, you may be able to make Catch-Up Contributions under the SIMPLE IRA Plan. Certain limits, as required by law, must be met prior to being eligible to make Catch-Up Contributions. Your election above will pertain to Elective Deferrals which may include Catch-Up Contributions. See your Employer for additional information, including the Catch-Up Contribution limit for the Year. I agree that my pay will be reduced in the manner I have indicated above, and I affirmatively elect to have this amount contributed to the investments listed below. This Salary Reduction Agreement will continue to be effective while I am employed, unless I change or terminate it as explained in Section B above. I acknowledge that I have read this entire Salary Reduction Agreement, I understand it and I agree to its terms. Furthermore, I acknowledge that I have received a copy of the Participation Notice & Summary Description. Financial Institution If contributions are not required to be made to a Designated Financial Institution, provide the name and address of the financial organization that will serve as the trustee/custodian/issuer for your SIMPLE IRA. Signatures Signature of Employee Authorized Signature for Employer Date Title Date #616 (1/2007) PF10075-QPNA 03/23/2010 Page 10 of Ascensus, Inc., Brainerd, MN
21 SIMPLE IRA Plan SECTION A. Employer Information Trustee/Custodian/Issuer Information (for plans electing to use a Designated Financial Institution) SECTION B. Opportunity to Participate Eligible Employees Compensation and Service SECTION C. PARTICIPATION NOTICE & SUMMARY DESCRIPTION IMPORTANT: Carefully read and consider the information on both sides of this notice before you decide whether to start, continue, or change your Salary Reduction Agreement. GENERAL INFORMATION Name of Employer Address City State Zip Telephone Name of Trustee, Custodian, or Issuer Address City State Zip Telephone ELIGIBILITY REQUIREMENTS This form is intended, in part, to notify you of your right to choose, during the Election Period, to make Elective Deferrals under the savings incentive match plan for employees (SIMPLE) IRA plan established by your Employer. The Election Period is generally the 60-day period before the beginning of each Year and the 60-day period before the first day you become eligible to participate. This notice includes a Summary Description of your Employer's SIMPLE IRA Plan. You may become eligible to participate in the Plan unless you are: covered by the terms of collective bargaining agreement where retirement benefits were negotiated a nonresident alien with no United States earned income from your Employer an Employee on account of an acquisition or similar transaction involving your Employer To become eligible to participate in the Plan, you must have earned $5,000 during any two preceding years and you must be reasonably expected to earn such amount during the current year, unless otherwise specified below. You are required to earn at least $ (may not exceed $5,000) during any (may not exceed 2) preceding years to be eligible to participate in the Plan. You must also be reasonably expected to earn at least $ (may not exceed $5,000) during the current Year. PLAN CONTRIBUTIONS Financial Your Employer has has not elected to make all contributions to a Designated Financial Institution. Institution If contributions are not required to be made to a Designated Financial Institution, you must select the financial organization that will serve as trustee, custodian, or issuer of your SIMPLE IRA and notify your Employer by providing a completed Salary Reduction Agreement. If contributions are required to be made to a Designated Financial Institution, you may transfer the balance in your SIMPLE IRA, without cost or penalty, from the Designated Financial Institution to a SIMPLE IRA at the financial organization of your choice. To do so, you must request a transfer during the Election Period or during any other period as allowed by the Designated Financial Institution. Upon request, the Designated Financial Institution will periodically transfer your balance. Elective Deferrals By completing a Salary Reduction Agreement, you agree to make Elective Deferrals to this Plan. Your Compensation will be reduced each pay period by an amount equal to the percentage of your Compensation you specify on the Salary Reduction Agreement. Generally, your Elective Deferrals (excluding Catch-Up Contributions) may not exceed $10,000 for 2006 and $10,500 for 2007 (after 2007, this limit is subject to cost-of-living adjustments). Catch-Up Contributions will will not be permitted under the Plan. If Catch-Up Contributions are available under the Plan and you will attain age 50 on or before the end of the Year, you are eligible to make Catch-Up Contributions. Your Catch-Up Contributions may not exceed $2,500 for 2006 and 2007 (after 2007, this amount is subject to cost-of-living adjustments). You may change the amount of your Elective Deferrals by completing and signing a revised Salary Reduction Agreement during the Election Period or any other period specified below. You may discontinue making Elective Deferrals at any time during the Year by completing and signing a revised Salary Reduction Agreement. You are allowed to commence making Elective Deferrals the first day of the Year following the Year you cease deferring unless specified otherwise below. #617 (1/2007) PF10075-QPNA 03/23/2010 Page 11 of Ascensus, Inc., Brainerd, MN
22 Employer Contributions For calendar Year, your Employer will make Matching Contributions equal to 100 percent of your Elective Deferrals which do not exceed three percent of your Compensation unless your Employer elects to make either the alternative Matching Contribution or the Nonelective Contribution described in Options 1 and 2 below. Option 1: Matching Contributions in an amount equal to your Elective Deferrals which do not exceed % (must not be less than 1%). Option 2: Nonelective Contributions equal to two percent of Compensation on behalf of each Participant who earns at least $5,000 during the year unless a different dollar amount is specified below. You are required to earn at least $ (may not exceed $5,000) during the year to be eligible to receive Nonelective Contributions. SECTION D. Procedures Federal Income Tax Penalties Rollovers Required Minimum Distributions Procedures for Withdrawals Procedures Regarding Transfers DISTRIBUTIONS The following is a summary of the rules applicable to distributions from SIMPLE IRAs. You are advised to refer to your SIMPLE IRA documents and/or seek the assistance of a qualified tax advisor if you have additional questions. SIMPLE IRA assets are fully vested and may be withdrawn at any time subject to taxes and penalties as explained below. The trustee, custodian, or issuer of your SIMPLE IRA, and not your Employer, is responsible for making distributions to you upon your request. Distributions from SIMPLE IRAs are taxed as ordinary income in the year in which you receive them. In addition, federal income tax withholding will be applied to your distribution at a rate of 10 percent unless you specify a higher rate or waive your right to withholding. A 25 percent early distribution penalty applies to SIMPLE IRA distributions taken within two years of your initial participation in the Plan, unless you are age 59½ or older or can claim an exemption from the early distribution penalty described in Internal Revenue Code (IRC) Sec. 72(t)(6). If you are under age 59½, have satisfied the two-year requirement and receive a distribution, you will be subject to a 10 percent early distribution penalty. SIMPLE IRA distributions may be rolled over to other SIMPLE IRAs. Rollovers from Traditional IRAs to your SIMPLE IRA are not permitted. If a SIMPLE IRA distribution is properly rolled over, your rollover amount will be excluded when determining the amount of your federal income tax or early distribution penalty. You may roll over SIMPLE IRA distributions to Traditional IRAs, qualified retirement plans, tax-sheltered annuities, and 457(b) deferred compensation plans. However, you must wait two years from the date you become a participant before doing so. You are required to begin taking minimum distributions from your SIMPLE IRA upon attainment of age 70½ in accordance with IRS regulations. If you wish to take a distribution from your SIMPLE IRA, you must complete a withdrawal statement provided by the trustee, custodian, or issuer of your SIMPLE IRA. In addition, the following procedures apply to you upon requesting a distribution. The following additional rules and procedures apply to transfers of your balance in your SIMPLE IRA. #617 (1/2007) PF10075-QPNA 03/23/2010 Page 12 of Ascensus, Inc., Brainerd, MN
23 Deposit Ticket - Request to deposit funds Mail all checks to: Regular Mail Overnight Deliveries TRADEKING SECURITIES TRADEKING SECURITIES P.O. Box N. Community House Rd. Calhoun Bldg. Third Floor Charlotte, NC Charlotte, NC Deposit enclosed check for $. If IRA Deposit, specify Tax Year: to My TradeKing Securities Account: - My Name: Make all checks payable to TRADEKING SECURITIES and include your account number on the memo line of your check. TRADEKING SECURITIES does NOT accept third-party checks (checks must be drawn off an account whose owner is the same as the owner of the TradeKing Securities account), starter checks, money orders or credit card checks. Funds deposited via check are subject to a 3 business day hold to clear for trading, 10 business days to withdraw by check or ACH, 30 business days to withdraw by wire. Read more about depositing funds at IRA Accounts When mailing a check deposit for your IRA please specify the tax year for the contribution on the memo line of the check (if no year is specified, it will be applied to the current year). Indicate on the check if this is a rollover contribution to an IRA. CASHIER S and BANK checks Please instruct your bank to make the check payable to TRADEKING SECURITIES and name you as the REMITTER on the check. Your name must also appear on the TRADEKING SECURITIES account. TradeKing Group, Inc. All rights reserved Securities offered through TradeKing, Securities LLC, member FINRA and SIPC Deposit V15
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