CUSTODIAL ACCOUNT AGREEMENT  

 (Under section 408(a) of the Internal Revenue Code) 

 For 5305-RA (Revised April 2017)  

 Department of the Treasury – Internal Revenue Service  

PURPOSE OF THIS FORM 

This Custodial Account Agreement and all of its exhibits and schedules incorporated herein by reference (collectively, the “Agreement”) outlines the terms and conditions required to meet the Internal Revenue Service (“IRS”) requirements for opening a Roth Individual Retirement Account (“Roth IRA”). Form 5305-RA is a model custodial account agreement that meets the requirements of section408(a). However, only Articles I through VIII have been reviewed by the IRS. A IRA is established after the form is fully executed by both the individual (“Depositor”) and the Custodian. This account must be created in the United States for the exclusive benefit of the Depositor and his or her beneficiaries. Article IX was prepared by Digital Trust, LLC herein after known as “Custodian” “we” “us” and “our” for the agreement with the Depositor herein also known as the “Account Owner” “client” “you” or “your.”  

The Custodian’s action of the opening of the account signifies its execution of the Agreement. The Roth IRA Account Application (“Application”) includes Application, the Fee Schedule, and the Roth Individual Retirement Account Disclosure Statement document together as one which have been presented to the Account Owner prior to executing the Application. The IRA account is established by the Custodian in the capacity of a directed Custodian for the exclusive benefit of the Account Owner who agree to the below terms and conditions.  

Do not file Form 5305-RA with the IRS. Instead, keep it with your records.  

Unlike contributions to traditional individual retirement arrangements, contributions to a Roth IRA are not deductible from the Depositor’s gross income; and distributions after 5 years that are made when the Depositor is 59 1/2 years of age or older or on account of death, disability, or the purchase of a home by a first-time homebuyer (limited to $10,000), are not includible in gross to $10,000), are not includible in gross income. For more information on Roth IRAs, including the required disclosures the Custodian must give the Depositor, see Pub. 590-A, Contributions to Individual Retirement Arrangements (IRAs), and Pub. 590-B, Distributions from Individual Retirement Arrangements (IRAs). 

DEFINITIONS 

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. 

Depositor. The Depositor is the person who establishes the custodial account.  

SPECIFIC INSTRUCTIONS  

Article I. The Depositor may be subject to a 6% tax on excess contributions if (1) contributions to other individual retirement arrangements of the Depositor have been made for the same tax year, (2) the Depositor’s adjusted gross income exceeds the applicable limits in Article II for the tax year, or (3) the Depositor’s and spouse’s compensation is less than the amount contributed by or on behalf of them for the tax year. 

Article V. This article describes how distributions will be made from the Roth IRA after the Depositor’s death. Elections made pursuant to this article should be reviewed periodically to ensure they correspond to the Depositor’s intent. Under paragraph 3 of Article V, the Depositor’s spouse is treated as the owner of the Roth IRA upon the death of the Depositor, rather than as the beneficiary. If the spouse is to be treated as the beneficiary, and not the owner, an overriding provision should be added to Article IX. 

Article IX. Article IX and any that follow it may incorporate additional provisions that are agreed to by the Depositor 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 Depositor, etc. 

ARTICLE I  

Except in the case of a qualified rollover contribution described in section 408A(e) or a recharacterized contribution described in section 408A(d) (6), the Custodian will accept only cash contributions up to $5,500 per year for 2013 through 2017. For individuals who have reached the age of 50 by the end of the year, the contribution limit is increased to $6,500 per year for 2013 through 2017. For years after 2017, these limits will be increased to reflect a cost-of-living adjustment, if any. 

ARTICLE II  

1. The annual contribution limit described in Article I is gradually reduced to $0 for higher income levels. For a grantor who is single or treated as single, the annual contribution is phased out between adjusted gross income (AGI) of $118,000 and $133,000; for a married grantor filing jointly, between AGI of $186,000 and $196,000; and for a married grantor filing separately, between AGI of $0 and $10,000. These phase-out ranges are for 2017. For years after 2017, the phase-out ranges, except for the $0 to $10,000 range, will be increased to reflect a cost-of-living adjustment, if any. Adjusted gross income is defined in section 408A(c)(3). 

2. In the case of a joint return, the AGI limits in the preceding paragraph apply to the combined AGI of the Depositor and his or her spouse. 

ARTICLE III  

The Depositor’s interest in the balance in the custodial account is nonforfeitable. 

ARTICLE IV  

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 V  

1. If the Depositor dies before his or her entire interest is distributed to him or her and the Depositor’s surviving spouse is not the designated beneficiary, the remaining interest will be distributed in accordance with paragraph (a) below or, if elected or there is no designated beneficiary, in accordance with paragraph (b) below. 

• a. The remaining interest will be distributed, starting by the end of the calendar year following the year of the Depositor’s death, over the designated beneficiary’s remaining life expectancy as determined in the year following the death of the Depositor. 
• b. The remaining interest will be distributed by the end of the calendar year containing the fifth anniversary of the Depositor’s death. 

2. The minimum amount that must be distributed each year under paragraph 1(a) above 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 designated beneficiary using the attained age of the beneficiary in the year following the year of the Depositor’s death and subtracting 1 from the divisor for each subsequent year. 

3. If the Depositor’s surviving spouse is the designated beneficiary, such spouse will then be treated as the Depositor. 

ARTICLE VI  

1. The Depositor agrees to provide the Custodian with all information necessary to prepare any reports required by sections 408(i) and 408A(d) (3)(E), Regulations sections 1.408-5 and 1.408-6, or other guidance published by the Internal Revenue Service (IRS). 

2. The Custodian agrees to submit to the IRS and Depositor the reports prescribed by the IRS. 

ARTICLE VII 

Notwithstanding any other articles which may be added or incorporated, the provisions of Articles I through IV and this sentence will be controlling. Any additional articles inconsistent with section 408A, the related regulations, and other published guidance will be invalid. 

ARTICLE VIII 

This agreement will be amended as necessary to comply with the provisions of the Code, the related regulations, and other published guidance. Other amendments may be made with the consent of the persons whose signatures appear below. 

1. Account Owner Responsibilities. 

a. Account Owner. The Account Owner acknowledges that the Account is a non—interest bearing self-directed account. The Custodian acts as a “fiduciary” for this account as defined by the Employee Retirement Income Security Act, as amended (“ERISA”), by the Internal Revenue Code or any other applicable local, state or federal laws only in relation to its custodial services. The Custodian does not, and the Account Owner acknowledges that the Custodian does not assume fiduciary responsibilities for any Account Owner’s Investment Decisions associated with the account. . The Account Owner also acknowledges that the Account with the Custodian will be established in the name of the Custodian for the benefit of the Account Owner and Account Owner agrees that all transactions related to the Account must go through the Account held with the Custodian otherwise this could result in tax implications. It is the Account Owner’s responsibility (not the Custodian’s) to select and monitor the investments in the Account. The Account Owner has the sole responsibility, authority and discretion for the selection of any and all investments in the Roth IRA Account and accepts full and sole responsibility for such selection (“Account Owner’s Investment Decisions”). The Custodian provides no investment, legal, or tax advice or recommendations related to your account. Further, the Account Owner is fully and solely responsible for monitoring any and all investments in the Roth IRA Account and accepts full and sole responsibility for the success or failure of such investments. Assets in your account are not guaranteed by Digital Trust and are subject to investment risk, including the possible loss of your investment value. 

b. Authorized Agent. The Account Owner may appoint a third party as their authorized agent for information access to the Custodial Account by notifying the Custodian in a form acceptable to the Custodian. The Custodian shall assume that the authorized agent is at all times qualified to act as agent for the Account Owner and shall recognize the agent as having the authority to obtain information related to the Account until such time as 1.) the Account Owner notifies the Custodian in writing that he has removed the authorized agent, or 2.) the Custodian is notified of the death of the Account Owner. Client shall remain fully responsible for any acts or omissions of its Authorized Agent and shall ensure that Authorized Agents comply with the terms of this Agreement. Custodian shall bear no responsibility for any transactions in the Roth IRA Account, or resultant losses or damages to Account Owner, caused by any acts or omissions of Authorized Agents. Client shall remain fully responsible for any acts or omissions of its Authorized Agent and shall ensure that Authorized Agents comply with the terms of this Agreement. 

c. Additional Information. Account Owner agrees and acknowledges that unless where required by law, the Custodian is not responsible for communicating, forwarding or notifying any party, including the Account Owner, with respect to communications or other matters which come to the received by or comes to the attention of the Custodian with respect to assets in the account. It is the Account Owner’s responsibility for making arrangements to receive such information or monitor public sources for such information. 

d. Prohibited Transactions. It is the Account Owner’s responsibility to determine if a transaction constitutes a prohibited transaction. Generally, a prohibited transaction is any improper use of your IRA Account by you, your beneficiary, or any disqualified person. Disqualified persons include members of your family (spouse, ancestor, lineal descendant, and any spouse of a lineal descendant). The following are some examples of prohibited transactions with a Roth IRA. 1.) Borrowing money from it. 2.) Selling property to it. 3.) Using it as security for a loan. 4.) Buying property for personal use (present or future) with IRA funds. The Custodian reserves the right to request a certification from the Account Owner that an Investment Direction provided by the Account Owner does not create a prohibited transaction, however, if a certification is not requested that does not indicate a transaction is not prohibited. Custodian reserves the right to take any action necessary, within its discretion, which may include resigning from the IRA Account. 

e. Unrelated Business Income (“UBIT”). A IRA is subject to tax on unrelated business income if it carries on an unrelated trade or business. An unrelated trade or business means any trade or business regularly carried on by the IRA or by a partnership of which it is a member, and not substantially related to the IRA’s exempt purpose or function. If the IRA has $1,000 or more of unrelated trade or business gross income, the IRA must file a Form 990-T, Exempt Organization Business Income Tax Return and pay the tax due. Account Owner is responsible for monitoring UBTI for their IRA Account which you may hold and prepare, or have prepared, the proper 990-T tax form and forward it to Custodian for filing, along with authorization to pay any tax due from the IRA Account. In order to file the 990-T tax form, the Account Owner must apply for an Employer Identification Number (EIN) for the IRA Account before requesting Custodian to pay any tax owed. This EIN must be used on the 990-T tax form, the Account Owner social security number or Custodians EIN cannot be used. 

f. Employer Contributions. If the Account Owner’s IRA Account is the type of IRA which may receive contributions from the Account Owner’s employer, the Custodian shall not be liable for any expenses, losses, damages, costs or penalties incurred as a result of the failure of the employer of the Account Owner to make any contributions to the IRA Account required under Account Owner’s IRA plan. The Custodian is not responsible for monitoring the employer’s contributions to your Custodial Account or notifying Account Owner of the employer’s contributions. If applicable, the Account Owner is responsible for contacting the employer regarding its contributions and monitoring those contributions. 

g. Account Owner’s Representations. Account Owner represents and warrants that any information given or any information that will be given in the future with respect to this Account is complete and accurate. Account Owner also agrees that any directions Account Owner or Account Owner’s authorized agent give to the Custodian, or any actions Account Owner or Account Owner’s authorized agent take will be proper under this Agreement and that the Custodian is entitled to rely upon any such information or directions. The Custodian shall not be responsible for losses of any kind that may result from such directions to the Custodian or from the Account Owner’s actions, or the Account Owner’s authorized agent’s actions, or failures to act of both. Account Owner agrees to reimburse the Custodian for any losses the Custodian may incur as a result of such directions, actions or failures to act. 

h. Review of Statements. Custodian shall provide Account Owner with quarterly Account Statements containing the account assets and account activity within your Account. Please review the statement carefully and if you identify any discrepancies please document in writing and provide to Custodian via email within forty-five (45) days of the statement issuance at [email protected] or via mail at the address listed on the statement. If the notice of discrepancies is not received within the forty-five (45) day time frame, it will signify your approval of the statement and precludes you from making future objections or exceptions regarding the information contained in this statement. Such approval by you shall be full acquittal and discharge of Custodian regarding the transactions and information on such statement. Issuance shall mean (1) the posting of your Roth IRA Account Statement within the online platform or (2) the date of mailing of a paper Roth IRA Account Statement. 

i. Fair Market Valuations. The IRS requires the Custodian to report the Fair Market Value (“FMV”) of the account on an annual basis. It is the Account Owner’s responsibility to ensure that the FMV is accurate. The valuation for investments must be provided to the Custodian on a timely basis by the Account Owner or another party chosen by the Account Owner for this purpose (“Valuation Agent”) and identified as such in a written document delivered to the Custodian. It is the Account Owner’s responsibility to determine and provide the valuation of Alternative Assets to the Custodian. The Custodian shall have no responsibility for acting on an FMV reported by the Account Owner or Valuation Agent. For Alternative Assets such as investments in limited liability companies, limited partnerships, hedge funds, and other similar entities, the Account Owner directs the Custodian to obtain the FMV of the Account Owner’s Alternative Assets from the investment entity itself and hereby appoints each such entity as the Valuation Agent for the Account’s investment in the entity itself. Each Valuation Agent shall be required to sign such documents as the Custodian shall deem appropriate or necessary to confirm the understanding and agreement of the Valuation Agent to its obligation to provide such to the Custodian. Failure of the Account Owner or Valuation Agent to provide a timely valuation shall be the sole responsibility of the Valuation Agent or the Account Owner, as the case may be, and the Custodian shall not be required to take any further steps to secure an updated FMV for the Account. The Custodian shall not be responsible for the timeliness or the accuracy of any FMV of any Alternative Asset furnished by the Account Owner or a Valuation Agent. The Custodian shall reflect the latest valuation received on an asset in the Custodial Account’s statements on a timely basis, but the Custodian shall have no duty to inform the Account Owner or to follow up with any Valuation Agent with respect to the status of any such additional valuations. The Custodian shall have no duty or responsibility to solicit any valuation from either the Account Owner or the Valuation Agent. If the Custodian does not receive an updated FMV for an Alternative Asset, the Custodian shall be entitled to use the last FMV provided to the Custodian, or if none, the original purchase price for the Alternative Asset in question (such last FMV or original purchase price, as the case may be, shall hereinafter be referred to as the “Last Value”). 

j. Indemnity. Custodian shall be indemnified by Account Owner against any liabilities, losses, damages, costs and expenses (including but not limited to legal fees) incurred by Custodian arising out of any action taken or omitted to be taken by the Custodian hereunder  or pursuant to any Instructions, including but not limited to (i) any taxes or other governmental charges, and any expenses related thereto, which may be imposed or assessed with respect to the asset/investment, and/or (ii) the Custodian or any nominee or agent of the Custodian, appearing as holder or holder of record of the asset/investment or any part thereof, but excluding those liabilities, losses, damages, costs and expenses which arise (whether through act or omission) as the result of fraud, willful default or gross negligence on the part of the Custodian in the performance of its duties under this Agreement.  

2. Custodian Responsibilities 

a. Account. The Custodian shall establish and maintain a separate Account in the name of the Account Owner. All contributions to a Roth IRA shall be in cash except for IRA-to-IRA transfers and rollovers if applicable. The Custodian’s acceptance of in-kind asset transfers will be in accordance with the Custodian’s current policies and procedures. We recommend that you contact Custodian for additional information. Neither the Account Owner nor a Beneficiary shall assign any portion of the Account Owners Account and the Custodian shall not recognize any such assignment. It is the Account Owner’s sole responsibility not the Custodian’s to determine the amount of permissible contributions and the contribution timing as permissible by law. It is the Account Owner’s responsibility to communicate in writing to the Custodian if a deposit in current year applies to the prior calendar tax year. 

b. Uninvested Cash Funds. From time to time you may deposit cash or digital assets with us, or we may receive funds in settlement of trades, that are not subject to a current Direction of Investment (or are awaiting your direction) (collectively referred to as “Uninvested Funds”). Digital Trust may place funds in one or more money markets, demand deposit accounts (savings or checking), including but not limited to Certificates of Deposit (CDs), investment grade bonds, “A” rated or higher life insurance companies (fixed annuities), municipal bonds, United States treasuries, fixed Income annuities with our without life insurance companies, mortgage and real estate backed securities or collateralized investments, and/or Digital or Non Digital yield generating structured investments. Your account is credited with all Uninvested Funds. You agree that if we receive no other instructions, Uninvested Funds from your IRA shall be invested in account(s) of Custodian’s choosing using a method designed to maintain liquidity of the Uninvested Funds. 

• i. Specifically, you authorize and direct us to sweep Uninvested Funds automatically into Custodian’s designated account(s) until such time as further direction is received from you or your designated representative(s). If FDIC insurance applies to the investments purchased with Uninvested Cash Funds, the insurance will be subject to all applicable laws and regulations related to FDIC insurance limitations. 
• ii. We may adjust the method for investment between the accounts from time to time and we are not required to provide notice or obtain your consent. 
• iii. If we receive monies after hours or that otherwise cannot be immediately swept into an approved interest-bearing investment, such amounts may remain uninvested in our bank account overnight. In that case, we may also earn float on such amounts. In addition, if we issue a check on your behalf in connection with (1) distributions requested by you or (2) fees paid to third party service providers to your account, we debit your account the amount of the check and deposit the funds into a special disbursement account held by us. In that case, we will earn float on the amount of the check from the date it is issued until the date the check is presented and paid. 
• iv. Amounts held in our bank account or Digital asset wallets are held in an omnibus account and not segregated from other deposit funds. 

c. Investments. Under this agreement the Custodian provides Self Directed Custody Services for the investments/assets selected by the Account Owner. Custodian acts on the Account Owner’s Investment Decisions provided by the Account Owner and has no responsibility for any transactions made in accordance with Account Owner’s Investment Decisions including, the performance, disclosure of any risks associated with the investment/asset, any due diligence, or suitability of the investments/assets selected by the Account Owner. Account Owner agrees that Custodian has no responsibility on the outcome of the self-directed investments including but not limited to total loss. 

d. Acting on Direction. The Custodian shall act on the Account Owner’s Investment Decisions for transfers, investments and distributions of assets/investments when the Account Owner has submitted directions in the manner required by Custodian. The Custodian will also act on Account Owner’s Investment Decisions submitted by your Authorized Agent and any other authority granted by the Account Owner in compliance with Custodian’s then current policies and procedures. The Custodian is not responsible for losses or damages resulting from the delay of acting on an Account Owner’s Investment Decisions if the direction is unclear, incomplete and not in acceptable form to the Custodian. The Custodian has no responsibility to question any Account Owner’s Investment Decisions received in good order from the Account Owner or your Authorized Agent. When the Custodian is directed to invest in assets in accordance with Account Owner’s Investment Decisions, including assets that are not publicly traded, the Custodian shall not have any responsibility or liability of the entity or the broker/agent involved does not settle the trade in accordance with the trade executed by the Account Owner. 

e. Standard of Care/Liability. Custodian will use commercially reasonable efforts in performing their obligations under this Agreement. 

• i. Subject to the terms of this Agreement, Custodian shall not be responsible for any loss or damage suffered by Account Holder as a result of the Custodian performing such duties unless the same results from an act of fraud, willful default or gross negligence on the part of the Custodian. In such event the liability of the Custodian in connection with the asset/investment so affected by the Custodian’s fraud, willful default or gross negligence shall not exceed the market value (as determined by the Custodian in any reasonable commercial manner) of such asset/investment at the time when Account Owner discovers such fraud, willful default or gross negligence. 
• ii. Custodian will be entitled to rely on and may act upon the advice of legal counsel and accountants or other agents with expertise in the relevant area, in relation to matters of law, regulation or market practice, and shall not be liable to Account Owner under this Agreement for any action taken or omitted pursuant to such advice, provided that Custodian has acted in good faith and with commercially reasonable efforts. 
• iii. Custodian shall not, save as stated in Section 8.1 d.) i.) above, be responsible for the title, validity or genuineness of any of the asset/investment (or any evidence of title thereto) received or delivered by it pursuant to this Agreement. 
• iv. Neither Custodian nor its affiliates shall be liable for any consequential, incidental, exemplary, punitive, special or indirect damages, whether or not the likelihood of such damages was known by Custodian or its affiliates. 
• v. Custodian shall not be liable to the Account Owner for any statements, representations, actions or inactions of any salesperson, broker or other third party provider of the investment purchased for this IRA. 
• vi. The Custodian may take any and all other actions which in its judgment may be necessary or appropriate for the proper administration of the assets of the IRA Account. In the performance of its duties and responsibilities under this Agreement the Custodian may employ such agents and vendors as it feels appropriate without notice to the Account Owner. 

f. Statements and Reports. Reporting required by Custodian, to be provided to Account Owner and the IRS, will be provided by the Custodian in a format and within the time deadlines required in accordance with IRS rules, regulations and guidelines. According to IRS regulations, Custodian must provide Account Owner with a statement of the fair market value (“FMV”) of the IRA Account as of December 31 of each year which must be provided by January 31 of the following year. Additionally, if applicable, Custodian. 

g. Privacy and Subpoena. Custodian shall use reasonable measures to maintain and protect the Account Owners personal data. Data will be shared only when necessary to fulfill the activities requested by the Account Owner. Custodian does reserve the right to respond to a subpoena or request from a regulator or law enforcement agency in accordance with the applicable law without your prior approval or notice. 

h. No Tax, Legal, or Investment Advice. Custodian is not responsible for providing legal, tax or investment advice. Account Owner should consult with their financial or tax advisor if such advice is required, The Custodian has no responsibility, authority, or discretion for the selection, purchase, sale, monitoring, or continued holding of any investment in the IRA Account. It is the Account Owner’s responsibility to investigate and understand the nature of the investments and risks involved with the investments chosen by the Account Owner. 

• i. Common Ownership. Digital Trust, Alternative IRA Services, LLC dba BitcoinIRA, Rocket Dollar, Inc., Rocket Dollar Capital, Rocket Dollar Advisor, Inc, WAO Advisory, Inc., and/or Choiceapp.io are companies affiliated by common ownership, and that because these entities are under common ownership, the use of any of the entities may result in an indirect financial benefit to the owners of the entities. 

3. Fees and Expenses. Custodian shall be entitled to collect fees for their custodial services and the administration of the Account Owner’s IRA in accordance with the Fee Schedule and this agreement. Custodian reserves the right to change the Fee Schedule from time to time and will notify Account Owner of such changes. All fees and expenses, including legal or other fees resulting from the administration of your account, will be collected by Custodian according to the payment method selected by Account Owner under this Agreement. If Account Owner has selected to have Custodian collect fees and expenses from the cash in the account, in the event there is not enough cash to cover the fees and expenses, the Account Owner authorizes the Custodian to sell or liquidate a portion of the assets in the account to collect the fees and expenses. If the Account Owner has selected the option to pay the Custodian fees and expenses by selling an asset in the account, the Custodian will sell a portion of the asset with the largest market value to collect such fees. Sales of assets to cover fees will be executed in or around the first week of every month. Sales for expenses will be executed as needed. The Custodian shall not incur any liability from initiating the sale or liquidation of assets to collect the fees and expenses. Custodian reserves the right to send Account Owner’s debt to collections agents or resign as Custodian for unpaid fees. 

4. Fee Requirements. Generally, there are two types of fees associated with retirement accounts: custodial fees and asset fees. Custodial fees are related to the administration of your account and may generally be paid either with funds in the account or with personal funds. Custodial fees are typically assessed by the Custodian and may include fees such as account opening fees, document fees, annual account fees, and transaction fees. Asset fees are typically related to expenses and fees that are incurred with the maintenance of investments in your account and must be paid with funds that are in the account. Asset fees can include items such as property taxes, repair bills, HOA fees, storage fees for precious metals, digital asset purchase/sale fees, and brokerage fees. Non-trustee fees that are paid with personal funds may result in a prohibited transaction. Further, the account owner cannot be reimbursed for paying non-trustee fees with personal funds. 

5. Amendments and Agreement. From time to time the Custodian may amend this agreement for any reason deemed necessary by Custodian. Some amendments may be necessary to comply and abide by new laws and regulations. Any such amendment will be provided by providing a copy of the amendment to Account Owner at your last known mailing or electronic address as shown in our records. Account Owner shall have thirty (30) calendar days to object to the Amendment. Such objection shall include the direction to terminate your Roth IRA Account, termination and other fees will apply to the account closing. If no objection is received by Custodian, Custodian deems that Amendment is accepted and consented to by Account Owner. 

6. Notice, Delivery, and Electronic Signature. 

a. CONSENT FOR ELECTRONIC DISCLOSURES UNDER THE ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT. The Account Application (Application) includes the Account Agreement provisions, the Fee Schedule, and the Custodial Account Disclosure documents together as one which have been presented to the Account Owner prior to executing the Application. By completing this IRA Application online, you agree to be bound by all terms and conditions contained in the Application. 

b. Consent to Electronic Delivery of Documents. By consenting to the terms and conditions of this Application, you agree to receive the following communications electronically: periodic statements, disclosures, notices (including Amendment changes), agreements, changes to terms and conditions, records, documents, tax statements and forms, privacy notices, and all other information we provide to you. We may deliver these communications to you through your online access, by email, or by using other electronic methods allowed pursuant to applicable laws and regulations. While electronic delivery and email notifications are provided free of charge, you may incur internet access or telephone charges. However, we reserve the right to deliver any communication to you as a paper copy, rather than electronically. Your consent remains in effect until you give us notice that you are withdrawing it and covers all communications, including those related to any product or service offered either now or in the future. Electronic documents will no longer be sent after the account is terminated and all regulatory reporting requirements have been satisfied. 

c. Withdrawal of Consent. You may contact us in any of the ways described below to withdraw your consent to receive any future communication electronically. If you wish to receive electronic communications after you have withdrawn your consent, please contact Digital Trust at the phone number or address below. Please refer to the Fee Schedule for any fee that may apply for paper copies. 

d. Paper Delivery of Disclosures and Notices. You have the right to receive a paper copy of any communication sent electronically. To receive a paper copy, you may request it in writing by sending your request to: Digital Trust, 7336 W. Post Road, Suite #111, Las Vegas, Nevada 89113 or calling us at (800) 777-9878. You may have to pay a fee for the paper copy unless charging a fee is prohibited by law. 

e. IMPORTANT. It is your responsibility to provide and maintain a current email and residential address with us. We may treat an invalid email address or the subsequent malfunction of a previously valid email address as a withdrawal of your consent to receive electronic communication. We will not impose a fee to process the withdrawal of your consent; however, fees may apply to paper copies mailed. Withdrawal of your consent to receive electronic communications will be effective only after we have a reasonable period of time to process your withdrawal. All communications in either electronic or paper format from us to you will be considered “in writing.” 

f. How to Update your Records. It is your responsibility to provide us with true, accurate and complete email address, contact, and other information related to your account. You must promptly notify us of any changes in this information. You can update your information by calling us, or by writing us at the address above. 

g. Equipment and Software Requirements. In order to view and retain electronic communications that we make available to you, you must have: 

•  A PC or other device with an Internet browser that has “cookies” enabled and supports 128-bit encryption 
• An Internet connection 
• An email address 
• A PDF viewer (such as Adobe Reader) 
• A printer or computer with sufficient electronic storage space 

All communications shall be delivered to the last address we have on file for the Account Owner. These notices will be sent through electronic delivery (email) and will be considered delivered the same day as sent. If you have opted out of electronic delivery, communications sent to you through the United States Postal Service are considered delivered five (5) business days after the postmark date. It is the Account Owner’s responsibility to notify the Custodian of any email address change or residential address change. Custodian will not be held liable for any losses or damages if the Account Owner has not provided Custodian with the most current address information. The electronically signed copy of this document should be considered equivalent to a printed hard copy form. It is considered a true and complete record of the document, admissible in arbitration and/or administrative hearings or proceedings. Your electronic signature on the Application and other electronic forms such as the Investment Direction are considered valid and the same as if the paper form or Application were signed. 

7. Distributions. Account Owner will provide full and complete instructions for any distributions out of the Account Owners IRA. Custodian offers no tax or legal advice and Account Owner should consult with their tax or financial advisor to understand the implications of the action requested. Instructions should be submitted to Custodian in a manner acceptable to the Custodian. Custodian will not under any circumstances be responsible for the timing, purpose or propriety of any distribution from the account, nor shall the Custodian incur any liability or responsibility for any tax or penalty imposed on account of any distribution. Custodian may make any payment or distribution required or authorized hereunder by mailing a check or other property or by ACH or Federal wire or other electronic transfer to the payee at the address last furnished to the Custodian. Custodian shall not be liable for any payment made in good faith without actual knowledge of any changed condition or status of any person receiving benefits hereunder. Custodian may, but shall not be obligated to, pay any estate, inheritance, income, or other tax or assessment attributable to any property or interest held in the IRA Account out of the assets of the IRA Account upon such information or direction as it may require. Before payment of any benefit, Custodian may also require releases or other related documentation from the taxing authority and require indemnification from such payee as may be necessary for the Custodian’s protection against tax liability. 

8. Designation of Beneficiaries. In the event of your death, any account balance will be paid to your beneficiary designation deemed legally valid by the Custodian. In the event that the beneficiary designated is a minor or not of sound mind, the Custodian may at its discretion make beneficiary payments to such person acting as a parent or guardian of said beneficiary. 

a. Validity. A beneficiary designation is deemed legally valid when the Account Owner has provided a full complete and executed designation clearly providing if the Account Owner is adding to or changing a portion of the then current beneficiary designation form in a format approved by the Custodian. Any valid beneficiary designation shall be effective upon receipt by the Custodian. Upon opening your account, you can designate your beneficiaries, and while still living, you can change your beneficiaries by submitting a fully completed Change of Beneficiary form acceptable to the Custodian. 

b. Beneficiary Designations and Change of Beneficiaries. In the event of marriage, divorce, death, adoption and the birth of children the Account Owner should evaluate the beneficiaries listed on the Roth IRA account and provide the Custodian with a fully completed Beneficiary Designation Change Form to update the Roth IRA Account. The Custodian reserves the right to reject or not accept a beneficiary designation not made to individuals or entities. If you do not live in a “community property” State, you are free to name any person or entity as your Roth IRA beneficiary, even if you are married. In “community property” States, Account Owners who earn monies contributed to their Roth IRA during a legal marriage will be required to provide a spousal consent to designate a person or entity as beneficiary other than their spouse. (Subject to changes in the law, “community property” States currently include Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin.) 

c. Death Distributions. Custodian will rely on a certified copy of the death certificate or other evidence deemed appropriate by the Custodian that certifies the Account Owner’s death. The Custodian has no responsibility to search for beneficiaries if Account Owner does not provide beneficiary information for the Roth IRA Account. By entering into this Agreement, you authorize Custodian to rely on any representation of facts made by the legal representative of your estate, any beneficiary, or any other person or source deemed appropriate by us, in determining the identity of unnamed beneficiaries. Your estate, and any unnamed beneficiaries further understand and agree that any information or instructions provided by such persons may be reviewed with counsel and Custodian may require further documentation to determine the beneficiaries. Prior to a distribution of assets to a beneficiary or the estate of the Account Owner, Custodian reserves the right to request from the beneficiary or the estate of the Account Owner, indemnification and discharge from any liability. 

d. Distribution to Estate. Custodian reserves the right to distribute the account to the estate of the Account Owner in the event that there is conflicting or incomplete information in determining the beneficiaries. In the event there are no beneficiaries provided to Custodian or all beneficiaries renounce their rights to receive any benefit from the Account, or in the event that no beneficiaries survive the Account Owner, the IRA will be distributed to your estate. 

9. Successor Custodian. In the event that Digital Trust changes its name, reorganizes, is acquired by another organization, or if all or a portion of our entire organization is merged with another organization, that organization will automatically become the trustee or Custodian of your Account so long as the organization is authorized to serve as a trustee or Custodian and satisfies the requirements of the IRS Code Section 408(a)(2).  

10. Termination or Resignation. Account Owner or Custodian may terminate this agreement at any time by giving written notice to the other. We can resign as Custodian at any time effective thirty (30) days after we send written notice of our resignation to you. Upon receipt of that notice, you must make arrangements to transfer your Roth IRA to another Custodian (Successor Custodian) or request a distribution of your Roth IRA. If you do not complete a distribution form or transfer your Roth IRA within thirty (30) days from the date we send the notice to you, we have the right to either a.) transfer your Roth IRA assets to a successor Roth IRA trustee or Custodian that we choose or b.) we may distribute your Roth IRA to you in a single lump sum and/or re-register the assets to you in-kind. . In the event of re-registration of the assets, the Custodian’s authority to re-register the assets supersedes any and all conflicting instructions, directions, or authorities with respect to said assets contained in any investment documents. If this Agreement is terminated, we may charge to your Roth IRA a reasonable amount of money that is necessary to cover any costs associated with distributing or transferring your account, including but not limited to fees and expenses incurred and taxes. The Custodian shall not be liable for any taxes, penalties, or losses arising from any delays, omissions, acts, or other action or inaction of any other person(s) or entity, including the Account Owner in connection with transfer or distribution of the Roth IRA Account. The Successor Custodian shall acquire all of the powers and authority conferred by the resigning Custodian. The transfer and delivery of assets to the Successor Custodian shall be a complete discharge and exoneration of any liability for the resigning Custodian unless the Account Owner or Successor Custodian notifies the resigning Custodian within forty-five (45) days from the date of resignation. Custodian may close the Account if it is not funded within ninety (90) days from Account opening.  

11. Arbitration Agreement. In the event any legal or equitable claims or disputes arise out of performance of this agreement, or a breach of this Agreement, the parties agree to attempt to resolve the claim or dispute through good faith negotiation. In the event the parties are unable to resolve or settle such claim or dispute through negotiations, the parties agree that the claim or dispute will be settled by binding arbitration. Any arbitration proceedings shall be conducted in Las Vegas, Nevada, in accordance with the Commercial Dispute Resolution Procedures of the American Arbitration Association (AAA) in effect at the time a demand for arbitration is made. The Account Owner expressly waives any right he or she may have to establish or conduct litigation or arbitration in any other forum or location, or before any other body. The Account Owner may only bring claims and disputes in his or her individual capacity and not as a plaintiff or class member. Any and all claims arising out of or relating to this Agreement are required to have an arbitration filed within two (2) years from the date that the Account Owner knew of the facts giving rise to such claim or claims. The arbitrator shall have the authority to award reasonable attorneys’ fees and costs, including the costs of arbitration, to the prevailing party. 

12. Governing Law. This Agreement and all amendments hereto shall be governed by and construed in accordance with the laws of the State of Nevada and the federal laws of the United States of America, and the obligations hereunder shall be determined in accordance with such laws. If any provision of this Agreement or the application thereof to any person or circumstances shall be determined to be invalid or unenforceable, the remainder of this Agreement, or the application of such provision to persons or circumstances other than those as to which it is invalid or unenforceable, shall not be affected thereby and each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 

13. Other Administrative Powers. Anything in this Agreement to the contrary notwithstanding, the Custodian may choose to request direction from the Account Owner as to any specific action or situation that arises with the IRA Account. If a request for direction is made, the Custodian shall not incur any liability for following the Account Owner’s direction or for taking no action if no such direction is furnished to the Custodian. The Custodian shall have the right, at the expense of the Account Owner, to seek  direction or approval of its accounts from a court of competent jurisdiction whenever the Custodian shall, in its sole discretion, deem it appropriate. The Custodian is not required to, but in its sole discretion may, exercise the full power and authority to settle, compound or abandon all claims and demands in favor of or against the IRA Account or Account Owner, including any claim that may be asserted for taxes under present or future laws; to maintain or defend any litigation necessary in its administration of the IRA Account if indemnified to its satisfaction against any expenses and liabilities sustained or anticipated in connection therewith; to retain any fiat subject to any dispute without liability for payment of interest or decline to make payment thereof, until final adjudication of such dispute by a court of competent jurisdiction.