INVESTMENT PROFILE GUIDE
The Annual Income category should represent the total annual income of the account holder
The Estimated Net Worth should represent the total estimated net worth of the account holder including non-liquid assets
The Investable/Liquid Assets should represent cash and securities and other liquid assets
The Account Funding Source should represent the source of funds used to establish the account
The Investment Objectives category selections are defined as follows:
Preservation of Capital
Identifies clients seeking to maintain principal, and interested in investments with very low historical risk of loss of principal
Identifies clients seeking to generate income from investments, and interested in investments with low historical risk of loss of principal
Identifies clients seeking to grow principal value over time, and willing to invest in securities with moderate to above-average historical risk of loss of principal
Identifies clients seeking a significant increase in principal, and willing to accept a corresponding greater degree of risk by investing in securities with high historical risk of loss of principal
Identifies clients seeking to take advantage of short-term trading opportunities (a high-risk strategy)
YOU REPRESENT TO KEYSTONE CAPITAL CORPORATION:
1.You have the required legal capacity and are authorized to enter into this agreement. You may terminate this agreement at any time by delivering written notice of termination to KEYSTONE CAPITAL CORPORATION, and KEYSTONE CAPITAL CORPORATION may terminate this agreement at any time by delivering written notice of termination to you.
2. You understand that KEYSTONE CAPITAL CORPORATION provides no investment advice, nor does KEYSTONE CAPITAL CORPORATION give advice or offer any opinion with respect to the suitability of any security or order. All transactions will be done only upon your instruction or the instruction of your authorized delegate. You further acknowledge that KEYSTONE CAPITAL CORPORATION , in relation to this agreement, will not provide you with any investment, legal, tax, or accounting advice, that its employees are not authorized to give any such advice, and that you will not solicit or rely upon any such advice from KEYSTONE CAPITAL CORPORATION or its employees whether in connection with transactions in or for any of your accounts or otherwise. In making investment, legal, tax, or accounting decisions with respect to transactions in or for your accounts or any other matter, you will consult with and rely upon your own advisors and not upon KEYSTONE CAPITAL CORPORATION, and KEYSTONE CAPITAL CORPORATION shall have no liability therefore.
3. You acknowledge that you have been informed that KEYSTONE CAPITAL CORPORATION has entered into a clearing agreement with Electronic Transaction Clearing, Inc., which specifies the functions and responsibilities of KEYSTONE CAPITAL CORPORATION with respect to certain matters affecting your account, and that a description of that agreement is available upon your written request.
4. You understand and agree that any telephone conversation with KEYSTONE CAPITAL CORPORATION may be recorded for accuracy.
5. In the event you become indebted to KEYSTONE CAPITAL CORPORATION in the course of operation of this account, you agree that you will repay such indebtedness upon demand. You agree that, if after demand you fail to pay the indebtedness, KEYSTONE CAPITAL CORPORATION may close your account and liquidate the assets in your account in an amount sufficient to pay your indebtedness.
6. You appoint KEYSTONE CAPITAL CORPORATION as your agent for the purpose of carrying out your directions with respect to the purchase or sale of securities. To carry out its duties, KEYSTONE CAPITAL CORPORATION is authorized to open or close brokerage accounts, place and withdraw orders, receive copies of confirmations and statements of account and take such other steps as are reasonable to carry out your directions.
FURTHER, IF YOU EMPLOY, CONTRACT OR OTHERWISE ENGAGE AUTHORIZED INDIVIDUALS THAT CAN MAKE TRADING DECISIONS ON YOUR BEHALF, YOU AGREE TO PROMPTLY PROVIDE TO KEYSTONE CAPITAL CORPORATION A LIST OF SAID AUTHORIZED INDIVIDUALS AND CONTINUE TO PROMPTLY PROVIDE TO KEYSTONE CAPITAL CORPORATION ANY ADDITIONAL AUTHORIZED INDIVIDUALS THROUGHOUT THE TERM OF THIS AGREEMENT. YOU RECOGNIZE AND AGREE THAT AT ANY POINT AND TIME THAT KEYSTONE CAPITAL CORPORATION, IN ITS SOLE DISCRETION, DEEMS AUTHORIZED INDIVIDUALS TO BE IN VIOLATION OF ANY U.S. SECURITIES LAWS AND REGULATIONS, AS WELL AS ANY APPLICABLE STATE AND FEDERAL LAWS, INCLUDING, BUT NOT LIMITED TO, U.S. EFFORTS TO FIGHT THE FUNDING OF TERROISM AND MONEY LAUNDERING, AND THE US PATRIOT ACT AND BANK SECRECY ACT, THAT SUCH AUTHORIZED INDIVIDUALS ACCESS MAY BE REMOVED OR BLOCKED.
7. You authorize KEYSTONE CAPITAL CORPORATION to direct any financial institution, to deduct from any checking, savings or other account held by you and apply the amount deducted to (1) any amount owed KEYSTONE CAPITAL CORPORATION for any transaction executed for your account which you have not settled on the settlement date, or (2) any amount owed KEYSTONE CAPITAL CORPORATION because of any loss in your account, or (3) to maintain your account in compliance with any federal or state laws and regulations or the rules and regulations of any exchange or self-regulatory organization. You authorize any financial institution to rely on a machine copy of this Agreement as authority for such financial institution to make such deductions and to also credit your account for any dividends and interest on securities held in your account with KEYSTONE CAPITAL CORPORATION.
8. KEYSTONE CAPITAL CORPORATION shall not be liable for loss caused directly or indirectly by war, natural disasters, government restrictions, exchange or market rulings or other conditions beyond KEYSTONE CAPITAL CORPORATION’s control.
9. You will at all times comply with U.S. securities laws and regulations, as well as any applicable State and Federal laws, including, but not limited to, U.S. efforts to fight the funding of terrorism and money laundering, and USA PATRIOT Act and Bank Secrecy Act requirements. You understand that any violation of U.S. securities regulations or other applicable laws will constitute a breach of this agreement and may result in the immediate termination of this Agreement by KEYSTONE CAPITAL CORPORATION. You further understand that any fines and or penalties imposed on KEYSTONE CAPITAL CORPORATION as a result of a violation by you of any applicable securities regulation or law may, at KEYSTONE CAPITAL CORPORATION’s discretion, be passed onto you; and you acknowledge and represent that you will be responsible for payment to KEYSTONE CAPITAL CORPORATION of such fines.
10. The reasonable costs of collection of the debit balance and any unpaid deficiency in your accounts, including attorney's fees incurred by KEYSTONE CAPITAL CORPORATION, shall be reimbursed by you to KEYSTONE CAPITAL CORPORATION.
11. You understand that all open orders may be reviewed after 30 days. In the event that KEYSTONE CAPITAL CORPORATION is unable to confirm with you that the order is still good, KEYSTONE CAPITAL CORPORATION may, at its discretion, cancel it.
12. YOU AKNOWLEDGE AND AGREE THAT THIS AGREEMENT CONTAINS A PREDISPUTE ARBITRATION CLAUSE. BY SIGNING AN ARBITRATION AGREEMENT, THE PARTIES AGREE AS FOLLOWS:
ALL PARTIES TO THIS AGREEMENT ARE GIVING UP THE RIGHT TO SUE EACH OTHER IN COURT, INCLUDING THE RIGHT TO A TRIAL BY JURY, EXCEPT AS PROVIDED BY THE RULES OF THE ARBITRATION FORUM IN WHICH A CLAIM IS FILED
ARBITRATION AWARDS ARE GENERALLY FINAL AND BINDING; A PARTY’S ABILITY TO HAVE A COURT REVERSE OR MODIFY AN ARBITRATION AWARD IS VERY LIMITED
THE ABILITY OF THE PARTIES TO OBTAIN DOCUMENTS, WITNESS STATEMENTS AND OTHER DISCOVERY IS GENERALLY MORE LIMITED IN ARBITRATION THAN IN COURT PROCEEDINGS
THE ARBITRATORS DO NOT HAVE TO EXPLAIN THE REASON(S) FOR THEIR AWARD
THE PANEL OF ARBITRATORS WILL TYPICALLY INCLUDE A MINORITY OF ARBITRATORS WHO WERE OR ARE AFFILIATED WITH THE SECURITIES INDUSTRY
THE RULES OF SOME ARBITRATION FORUMS MAY IMPOSE TIME LIMITS FOR BRINGING A CLAIM IN ARBITRATION. IN SOME CASES, A CLAIM THAT IS INELIGIBLE FOR ARBITRATION MAY BE BROUGHT IN COURT
THE RULES OF THE ARBITRATION FORUM IN WHICH THE CLAIM IS FILED, AND ANY AMENDMENTS THERETO, SHALL BE INCORPORATED INTO THIS AGREEMENT
YOU AGREE, AND BY CARRYING AN ACCOUNT FOR YOU, KEYSTONE CAPITAL CORPORATION AGREES, THAT ALL CONTROVERSIES WHICH MAY ARISE BETWEEN THE PARTIES CONCERNING ANY TRANSACTION OR CONSTRUCTION, PERFORMANCE, OR BREACH OF THIS OR ANY OTHER AGREEMENT BETWEEN US PERTAINING TO SECURITIES AND OTHER PROPERTY, WHETHER ENTERED INTO PRIOR, ON OR SUBSEQUENT TO THE DATE HEREOF, SHALL BE DETERMINED BY ARBITRATION. ANY ARBITRATION UNDER THIS AGREEMENT SHALL BE CONDUCTED PURSUANT TO THE FEDERAL ARBITRATION ACT AND THE LAWS OF THE STATE OF CALIFORNIA, AND IN ACCORDANCE WITH THE RULES OF THE SELECTED ORGANIZATION. ANY CONTROVERSY BETWEEN YOU AND Keystone Capital Corporation SHALL BE SUBMITTED TO ARBITRATION BEFORE ANY NATIONAL SECURITIES EXCHANGE ON WHICH A TRANSACTION GIVING RISE TO THE CLAIM TOOK PLACE (AND ONLY BEFORE SUCH EXCHANGE), OR THE LOS ANGELES OFFICE OF THE FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC (“FINRA”). THE AWARD OF THE ARBITRATORS, OR OF THE MAJORITY OF THEM, SHALL BE FINAL, AND JUDGMENT UPON THE AWARD RENDERED MAY BE ENTERED AND ENFORCED IN ANY COURT, STATE OR FEDERAL, HAVING JURISDICTION. NO PERSONS SHALL BRING A PUTATIVE OR CERTIFIED CLASS ACTION TO ARBITRATION, NOR SEEK TO ENFORCE ANY PRE-DISPUTE ARBITRATION AGREEMENT AGAINST ANY PERSON WHO HAS INITIATED IN COURT A PUTATIVE CLASS ACTION; OR WHO IS A MEMBER OF A PUTATIVE CLASS WHO HAS NOT OPTED OUT OF THE CLASS WITH RESPECT TO ANY CLAIMS ENCOMPASSED BY THE PUTATIVE CLASS ACTION UNTIL: (I) THE CLASS CERTIFICATION IS DENIED, OR (II) THE CLASS IS DECERTIFIED, OR (III) THE CUSTOMER IS EXCLUDED FROM THE CLASS BY THE COURT. SUCH FORBEARANCE TO ENFORCE AN AGREEMENT TO ARBITRATE SHALL NOT CONSTITUTE A WAIVER OF ANY RIGHTS UNDER THIS AGREEMENT EXCEPT TO THE EXTENT STATED HEREIN.
YOU UNDERSTAND THAT ANY COMPLAINTS SHOULD BE DIRECTED TO KEYSTONE CAPITAL CORPORATION AT 1953 SAN ELIJO AVENUE, SUITE 203 CARDIFF, CA 92007, USA, ATTENTION: COMPLIANCE.
13. KEYSTONE CAPITAL CORPORATION has established a Business Continuity Plan that will support its ability to conduct business in the event of a Significant Business Disruption (SBD). This plan is reviewed and updated annually, and can be updated more frequently if necessary. Should KEYSTONE CAPITAL CORPORATION be impacted by a SBD, we aim to minimize business interruption as quickly and efficiently as possible. KEYSTONE CAPITAL CORPORATION has implemented recovery plans that address each of its SBDs. In the event KEYSTONE CAPITAL CORPORATION is not accessible, clients may call its clearing firm, Electronic Transaction Clearing, Inc. directly for assistance at (213) 402-1570. To receive more information about KEYSTONE CAPITAL CORPORATION’s Business Continuity Plan, please send your request in writing to: KEYSTONE CAPITAL CORPORATION, Business Continuity Plan Coordinator, 1953 San Elijo Avenue, Suite 203 Cardiff, CA 92007 USA.
14. You understand that, KEYSTONE CAPITAL CORPORATION may disclose your name(s), address(es), and securities position to its clearing firm, issuers and its transfer agents and/or information agents, so that you can receive important information about the securities.
15. You are aware that this account is subject to the KEYSTONE CAPITAL CORPORATION Pricing Schedule, a copy of which is available upon your request.
16. You understand that, under the Federal Fair Credit Reporting Act, you have the right to notify KEYSTONE CAPITAL CORPORATION if you believe KEYSTONE CAPITAL CORPORATION has inaccurately reported information about your account to a consumer reporting agency. You understand that under no circumstances will KEYSTONE CAPITAL CORPORATION sell your personal information to any non-affiliated third party entity. You acknowledge that KEYSTONE CAPITAL CORPORATION has disclosed to you that an investigative consumer report, including information as to your creditworthiness, insurance and credit standing, credit capacity, character, general reputation, personal characteristics, and mode of living will be conducted. You have initiated this transaction and have been advised that you have the right, upon written request within a reasonable time after having received this disclosure, to receive complete and accurate information on the nature and scope of the inquiry, if one is made, and to a written summary of the rights of the consumer under the Fair Credit Reporting Act with any disclosure from a consumer reporting agency. You understand any such requests, notices, or inquiries should include your names(s), current address(es), social security number(s), telephone number(s), and account number, and, in the case of information you believe inaccurately reported, the specific item of dispute. You understand that your request should be sent to KEYSTONE CAPITAL CORPORATION, 1953 San Elijo Avenue, Suite 203 Cardiff, CA 92007, USA, and should be mailed in a separate envelope and not included with any other correspondence. You understand that, except to the extent required by applicable law, these Fair Credit Reporting Act disclosures do not apply to business to business or commercial transactions.
17. You understand that communications may be sent to you at your current address, which is on file at KEYSTONE CAPITAL CORPORATION’s office, or at such other address as you may hereafter give KEYSTONE CAPITAL CORPORATION in writing, and all communications, so sent, whether by mail, email, messenger, or otherwise, shall be deemed given to you personally, whether actually received or not.
18. If any provision or condition of this agreement shall be held to be invalid or unenforceable by any court, or regulatory or self-regulatory agency or body, such invalidity or unenforceability shall attach only to such provision or condition. The validity of the remaining provisions and conditions shall not be affected thereby and this agreement shall be carried out as if any such invalid or unenforceable provision or condition were not contained herein.
19. The heading of each provision hereof is for descriptive purposes only and shall not be deemed to modify or qualify any of the rights or obligations set forth in each such provision.
20. You acknowledge that this Agreement cannot be modified by conduct and no failure on the part of KEYSTONE CAPITAL CORPORATION at any time to enforce its rights hereunder to the greatest extent permitted shall in any way be deemed to waive, modify, or relax all of the rights granted KEYSTONE CAPITAL CORPORATION herein, including those rights vested in KEYSTONE CAPITAL CORPORATION to deal with collateral on all loans advanced to you.
21. This agreement shall cover individually and collectively all Digital Securities cash accounts that you may open or reopen with KEYSTONE CAPITAL CORPORATION, and shall inure to the benefits of its successors and assigns, whether by KEYSTONE CAPITAL CORPORATION’s merger, consolidation, or otherwise, and KEYSTONE CAPITAL CORPORATION may transfer your accounts to its successors and assigns, and this agreement shall be binding upon your heirs, executors, administrators, successors, and assigns.
22. You agree that this agreement and its enforcement shall be governed by the laws of the state of California without giving effect to its conflicts of law provisions.
23. This agreement constitutes the full and entire understanding between the parties with respect to the provisions herein, and there are no oral or other agreements in conflict herewith. Any future modification, amendment, or supplement to this Agreement or any individual provision herein can only be in the form of a writing signed by a representative of KEYSTONE CAPITAL CORPORATION.
SECURITIES INVESTOR PROTECTION CORPORATION ("SIPC")
Keystone Capital Corporation is a member of SIPC. Securities Investor Protection Corporation (“SIPC”) does not cover commodity contracts and options on futures. For information about SIPC or to request an SIPC brochure, please visit www.sipc.org or contact SIPC at (202) 371-8300.
Electronic Record and Signature Disclosure
From time to time, Keystone Capital Corporation (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the Keystone Capital Corporation new account electronic signing system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to these terms and conditions, please confirm your agreement by clicking the ‘I agree’ button at the bottom of this document.
Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the Keystone Capital Corporation new account system during and immediately after signing session and, if you elect to create a https://kccbd.etc-clearing.com account, you may access them for as long as you have an active account with Keystone Capital Corporation. If you do not have an active account with Keystone Capital Corporation, and you wish for us to send you paper copies of any such documents from our office to you, you will be charged $5.00 per-request fee. You may request delivery of such paper copies from us by following the procedure described below.
Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below.
Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. To indicate to us that you are changing your mind, you must withdraw your consent using the Keystone Capital Corporation ‘Withdraw Consent’ form on the https://kccbd.etc-clearing.com web site. This will indicate to us that you have withdrawn your consent to receive required notices and disclosures electronically from us and you will no longer be able to use the https://kccbd.etc-clearing.com system to receive required notices and consents electronically from us or to sign electronically documents from us.
All notices and disclosures will be sent to you electronically
Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the Keystone Capital Corporation new account system or the https://kccbd.etc-clearing.com web site all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method
'Electronic Record and Signature Disclosure
and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us.
How to contact Keystone Capital Corporation
You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows:
To contact us by email send messages to: [email protected]
To advise Keystone Capital Corporation of your new e-mail address
To let us know of a change in your e-mail address where we should send notices and disclosures electronically to you, you must send an email message to us at [email protected] and in the body of such request you must state: your previous e-mail address, your new e-mail address. We will send you an email to your old and new email address to confirm that you have requested to change your email address. In addition, you must notify Keystone Capital Corporation to arrange for your new email address to be reflected in your brokerage account by following the process for changing e-mail in the https://kccbd.etc-clearing.com web site.
To request paper copies from Keystone Capital Corporation
To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an e-mail to [email protected] and in the body of such request you must state your e-mail address, full name, US Postal address, and telephone number. We will bill you for any fees at that time, if any.
To withdraw your consent with Keystone Capital Corporation
To inform us that you no longer want to receive future notices and disclosures in electronic format you may:
'i. decline to sign a document from within your Keystone Capital Corporation new account session, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may;
ii. send us an e-mail to [email protected] and in the body of such request you must state your e-mail, full name, US Postal Address, and telephone number. We do not need any other information from you to withdraw consent. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process
Acknowledging your access and consent to receive materials electronically
To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please verify that you were able to read this electronic disclosure and that you also were able to print on paper or electronically save this page for your future reference and access or that you were able to e-mail this disclosure and consent to an address where you will be able to print on paper or save it for your future reference and access.
Electronic Record and Signature Disclosure
Required hardware and software
DIGITAL SECURITIES DISCLOSURE
Digital securities, through accounts opened and maintained at Keystone Capital Corporation, will be traded exclusively on a closed trading system with potentially limited volume and liquidity. The use of t0 technology, “Keystone Lite Trader” digital securities trading platform, and distributed ledger technology by the Pro Securities ATS is novel and untested with respect to digital securities. Customer agrees that all trading and/or requests involving movement of positions must be done through the “Lite Trader”/t0 software. The digital securities proprietary and distributed ledgers will be publicly available, which may give rise to privacy concerns. Customer agrees that his/her orders may be displayed on the t0.com website as an unsolicited order. Customer further agrees that personal identifying information may be shared with Keystone’s Clearing Firm, Issuers; and Issuer’s Transfer Agents and/or Information Agents. The private cryptographic keys associated with digital securities could be stolen. The number of digital securities traded on the Pro Securities ATS may be very small, making the market price more easily manipulated. Should distributed ledger technology cease to be available, investors may not be willing to transact in digital securities. The Pro Securities ATS is not a stock exchange and has no listing requirements for issuers or for the securities traded. The price of digital securities, even when the issuer issues digital equity securities that rank on a parity with the issuer’s common stock, are not pegged to the value of the issuer’s common stock.