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Page 1: AGREEMENT FOR ASSIGNMENT OF ACCOUNTS AND …static.contentres.com/media/documents/0258c88e-8727-4002-b8fd-284… · agreement for assignment of accounts . and trail commissions &

AGREEMENT FOR ASSIGNMENT OF ACCOUNTS AND TRAIL COMMISSIONS & FEES

IN CONSIDERATION OF THE MUTUAL PROMISES HEREIN CONTAINED, AND OTHER GOOD

AND VALUABLE CONSIDERATION, the receipt and sufficiency of which is hereby acknowledged,

___________, a registered representative (hereinafter referred to as “Assignor”) with LPL Financial LLC

(“LPL”) does hereby assign to ______________ (hereinafter referred to as “Assignee”), also a

registered representative with LPL, the accounts associated with (Representative ID # __________) and the

corresponding right to receive _____% of all payments of continuing commissions as generated from the

sales of securities and insurance products (hereinafter referred to as “Trails”) beginning on [death,

disability, or retirement] ____________ (“Effective Date”). The remaining ____% of Trails shall hereby

be paid by Assignee to Assignor or, in the event of Assignor’s death, to Assignor’s [surviving spouse,

estate or other designated beneficiary]. Assignee shall also pay ____% of advisory fees earned from

LPL Advisory Platform Accounts (“Advisory fees”) that are currently associated with Representative ID#

_____ in which Assignee is appointed investment advisor representative by a client, to Assignor or, in the

event of Assignor’s death, to Assignor’s [surviving spouse, estate or other designated beneficiary]

beginning on the Effective Date. Notwithstanding the foregoing, there shall be no obligation to make any

payments of Trails or Advisory fees for accounts that Assignee ceases to service. Assignor may terminate

this Agreement with or without cause prior to the Effective Date upon notice to Assignee and LPL.

Notwithstanding any provision of this Agreement to the contrary, no assignment or acceptance of an

account by Assignee shall occur or be permitted unless Assignee holds the necessary licenses to be the

registered representative or investment adviser representative of record for such account.

Member FINRA/SIPC

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Assignee shall be responsible for calculating and paying the exact dollar amount of Trails and Advisory fee

payments to be paid to Assignor or to Assignor’s surviving spouse, estate or other beneficiary. Assignee

shall also maintain and make available all appropriate records for audit by LPL, Assignor, or Assignor’s

surviving spouse, estate or other beneficiary or designee. Assignor and Assignee shall cooperate to

designate Assignee as the “representative of record” on customer accounts with various product sponsors as

well as assist in the transition of the advisory accounts.

During the term of this Agreement, Assignee may not further assign or transfer the accounts to any other

registered representative or entity without the prior consent of Assignor or Assignor’s surviving spouse,

estate or other designated beneficiary, and without prior notice to LPL.

This Agreement shall be for a term of _____ years and shall in any event terminate upon the death of the

Assignee.

This Agreement shall not under any circumstances be deemed to permit the solicitation of new business or

the opening of new accounts by persons who are not properly registered with FINRA, the applicable

state(s), and LPL. If any court or regulatory body for any reason deems this Agreement to be in violation of

any statute, rule or regulation, then this Agreement shall immediately become null and void and of no

further force or effect. This Agreement shall be governed and construed in accordance with the laws of the

Commonwealth of Massachusetts.

Assignor and Assignee, for themselves and their respective heirs, beneficiaries, successors and assigns,

agree to indemnify and hold harmless LPL, its affiliated entities, officers, directors and employees from

and against any and all cost, loss or damage arising out of or in any way relating to the payment of Trails

and Advisory fees under this Agreement.

Member FINRA/SIPC

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IN WITNESS WHEREOF, Assignor and Assignee have executed this Agreement on this __________ day of _____________, 20___. ASSIGNOR ASSIGNEE _________________________ ______________________ (Signature) (Signature) _________________________ ______________________ Print Name Print Name

Member FINRA/SIPC

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Page 4: AGREEMENT FOR ASSIGNMENT OF ACCOUNTS AND …static.contentres.com/media/documents/0258c88e-8727-4002-b8fd-284… · agreement for assignment of accounts . and trail commissions &

ADDENDUM TO REGISTERED REPRESENTATIVE AGREEMENT

This shall serve as an addendum to the Representative Agreement between LPL Financial LLC(“LPL”) and ______________________________ (hereinafter referred to as “Representative”). The following language is hereby incorporated into the Representative Agreement. Rights on Termination – Continuing Commissions In accordance with IM-2420-2 (Continuing Commissions Policy) under the FINRA Conduct Rules of the FINRA Manual, Representative may, effective upon his/her retirement or death, assign any remaining customer accounts to a specified LPL registered representative (“Assignee Representative”), and may further assign the right to receive all or a portion of continuing commissions generated from the sales of securities and insurance products relating to such accounts to himself/herself or to his/her surviving spouse, estate or designated beneficiary. Notwithstanding the foregoing, Representative shall not be entitled to receive or assign any continuing commissions where Representative has been terminated for cause from LPL or is subject to any SEC, state or self-regulatory organization order, decision or judgement prohibiting the receipt or transfer of such commissions. LPL will use reasonable efforts to assist in the transfer of customer accounts to the Assignee Representative with various product sponsors upon written notice to LPL of the Representative’s death or retirement. Pursuant to a separate agreement for assignment to be entered into between Representative and Assignee Representative, Assignee Representative will become obligated to pay the agreed upon amount to designated beneficiary. Pursuant to said agreement, Assignee Representative shall be responsible for all calculations of the amounts due and payable, and shall maintain and make available all appropriate records for audit by LPL, Representative, or Representative’s surviving spouse or estate, if requested. The death of a retired Representative receiving Trails pursuant to an agreement for assignment with the Assignee Representative shall result in those payments being transferred to the deceased Representative’s surviving spouse, unless otherwise notified in writing. Any such arrangement for the payment of Trails shall not under any circumstances be deemed to permit the solicitation of new business or the opening of new accounts by persons who are not registered, and must conform with all applicable laws, rules and regulations. If deemed a violation by any court or regulatory body for any reason whatsoever, the provisions contained in this Section Rights on Termination –

Member FINRA/SIPC

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Member FINRA/SIPC

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Continuing Commissions shall become immediately null and void and of no further force or effect. Representative, for himself/herself and his/her respective heirs, beneficiaries, successors and assigns, agrees to indemnify and hold harmless LPL, its affiliated entities, officers, directors and employees from and against any and all cost, loss or damage arising out of or in any way relating to the payment of Trails under this Section Rights on Termination – Continuing Commissions. IN WITNESS WHEREOF, LPL and Representative hereby execute this addendum on this the _______ day of ______________________, 20__. Representative LPL FinancialaLLC ________________________ ______________________________ (Signature) (Signature) ________________________ ______________________________ Print Name Print Name