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Client Account Agreement Template for United States

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Key Requirements PROMPT example:

Client Account Agreement

"Need a Client Account Agreement for a new fintech startup offering digital investment services to retail clients in California, with specific provisions for mobile app access and cryptocurrency trading capabilities, to be implemented by March 2025."

Document background

The Client Account Agreement serves as the foundational document for establishing and maintaining financial service relationships in the United States. This agreement is essential when a client opens an account with a financial institution and requires a comprehensive framework for the relationship. It includes crucial elements such as service descriptions, fee structures, risk disclosures, and operational procedures, while ensuring compliance with federal and state regulations. The document is designed to protect both parties' interests while meeting regulatory requirements set by the SEC, FINRA, and other relevant authorities.

Suggested Sections

1. Parties: Identification of the firm and client, including full legal names and addresses

2. Background: Context of the agreement and relationship between parties

3. Definitions: Key terms used throughout the agreement

4. Services: Description of account services provided

5. Account Operations: Rules and procedures for operating the account

6. Fees and Charges: Complete fee structure and payment terms

7. Client Representations: Client warranties and declarations

8. Risk Disclosures: Mandatory risk warnings and disclosures

9. Termination: Conditions and process for ending the agreement

Optional Sections

1. Online Access: Terms for digital account access and electronic platform usage

2. Margin Trading: Terms and conditions for margin lending and trading services

3. Foreign Currency Services: Terms governing foreign currency transactions and related services

4. Options Trading: Specific terms and conditions for options trading activities

Suggested Schedules

1. Fee Schedule: Detailed breakdown of all applicable fees and charges

2. Risk Disclosure Statement: Comprehensive risk warnings required by regulations

3. Privacy Policy: Detailed privacy and data protection policies

4. Electronic Trading Terms: Specific terms and conditions for electronic trading platforms

5. KYC Documentation Requirements: List of required documentation for account opening and maintenance

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Industries

Securities Exchange Act 1934: Primary federal legislation governing securities trading, establishing SEC authority and regulating broker-dealer activities

Investment Advisers Act 1940: Federal law regulating investment advisers, including registration requirements and fiduciary duties

Bank Secrecy Act: Requires financial institutions to assist government agencies in detecting and preventing money laundering

USA PATRIOT Act: Enhances anti-money laundering requirements and customer identification programs for financial institutions

FATCA: Foreign Account Tax Compliance Act requiring reporting of foreign financial accounts held by U.S. persons

CFPB Regulations: Consumer Financial Protection Bureau rules protecting consumers in financial transactions

Fair Credit Reporting Act: Regulates collection and use of consumer credit information

Truth in Lending Act: Requires clear disclosure of lending terms and costs to consumers

Electronic Fund Transfer Act: Establishes rights and responsibilities for electronic fund transfers

Gramm-Leach-Bliley Act: Requires financial institutions to explain information-sharing practices and protect sensitive data

SEC Regulation S-P: Privacy rules requiring financial institutions to protect customer information and provide privacy notices

KYC Requirements: Know Your Customer protocols for verifying customer identity and assessing risks

FINRA Rules: Self-regulatory organization rules governing broker-dealers, including account documentation and suitability requirements

Blue Sky Laws: State-specific securities regulations governing securities offerings and broker-dealer activities

E-SIGN Act: Electronic Signatures in Global and National Commerce Act validating electronic signatures and records

UETA: Uniform Electronic Transactions Act providing consistent state-level rules for electronic signatures

Federal Arbitration Act: Governs enforcement of arbitration agreements and arbitration proceedings

UCC: Uniform Commercial Code governing commercial transactions, including contract principles

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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