Investment Advisory Agreement Requirements

Disclosure: The customer confirms receipt of a copy of BrightPlan`s latest privacy statement and the ADV form, Part 2. The customer assures that the customer has verified and taken into account the information provided by BrightPlan in this agreement and in Section 2 of BrightPlans Form ADV, in particular parties related to services, compensation, risks and potential conflicts of interest, as well as the rest of the information relating, among other things, to basic information such as the history of education and business, business practices such as the nature of the consulting services provided, the methods of analysis of securities used, etc. The Commission can, as a general rule, prohibit or impose conditions or restrictions on the use of agreements that require clients or clients of an investment advisor to resolve future disputes between them, arising from federal securities laws, the rules and regulations mentioned in them, or the rules of a self-regulatory organization, when it finds that such a prohibition, the imposition of conditions or restrictions is in the public interest and investor protection. Although the Investment Advisers Act does not expressly require written agreements or advisory contracts, it is generally considered a good practice to have a written agreement between the investment advisor and the client, and certain provisions of the Investment Advisers Act, such as Section 205, and SEC Rule 204-2, the book and registration rule, are based on the existence of written agreements or consulting contracts. For example, Rule 204-2 (a) (9) of the Investment Advisers Act requires that investment advisors registered by the SEC be required to exercise powers and other evidence regarding the granting of discretion by a client to the investment advisor or copies of the investment advisor.” Similarly, Rule 204-2 (a) (10) requires registered SEC investment advisors to maintain “written agreements (or copies of them) entered into by the investment advisor with a client or related to the activity of such an investment advisor as such. In the event of a dispute or regulatory investigation or investigation, a written investment advisory agreement will be used to demonstrate the power of the registered investment advisor to act on behalf of the client and the amount of authority the investment advisor has received from the client. Limitation of the Investment Advisor`s Liability – This clause protects the investment advisor, who acts in good faith and exercises the necessary diligence and assessment, from liability arising from an act, omission, investment recommendation, loss or other financial consequences resulting from services under the agreement. It should clearly indicate cases where the investor advisor is held responsible – such as gross negligence, bad faith, etc. Depending on the description of advisory services, compensation and fees may be the second most important part of your investment advisory contract. Here you can see how your advisor is compensated and how much you will pay for their services. Legislation in force – This clause stipulates that laws whose country governs the agreement. Account creation: The client must create one or more accounts with TD Ameritrade Institutional (the “Custodian”) and deposit at least $500.00 in cash on each of these accounts (the cumulative “account”). BrightPlan disclaims any responsibility for the provision of services (as defined below) until the customer has opened the account and BrightPlan has received notification that the account has been financed with at least $500.00 in cash and/or liquid securities and access to account management.