Direction of Investment
Updated: April 16, 2021
- I confirm that I am directing the Administrator (Alto Solutions, Inc. d/b/a AltoIRA) to complete the transaction according to the data and documents presented to me. I agree that my account is self- directed, and I take complete responsibility for any investment I choose for my account, including the investment specified in this Direction of Investment. I agree that neither the Administrator nor the Custodian (Alto Trust Co.) sells or endorses any investment products, or assumes any responsibility or liability for the acts or omissions of any provider or issuer of any investment or other third party Entity.
- I agree that the roles of the Administrator and the Custodian are limited, and their responsibilities do not include investment advice or investment selection for my account. I agree that neither the Administrator nor the Custodian has provided or assumed responsibility for any tax, legal or financial advice with respect to this investment, and I agree that they will not be liable for any loss which results from my decision to purchase the investment. I agree that neither the Administrator nor the Custodian has reviewed or will review the merits, legitimacy, appropriateness or suitability of this investment, and I certify that I have done my own due diligence investigation prior to instructing the Administrator to make this investment for my account.
- I agree that neither the Administrator nor the Custodian determines whether this investment is acceptable under the Employee Retirement Income Securities Act (ERISA), the Internal Revenue Code (IRC), or any applicable federal, state, or local laws, including securities laws. I agree that it is my responsibility to review any investments to ensure compliance with these requirements. I agree that in processing this transaction the Administrator and the Custodian are only acting as my agent, and nothing will be construed as conferring fiduciary status on either the Administrator or the Custodian.
- I agree that the Administrator and the Custodian will not be liable for any investment losses sustained by me or my account as a result of this transaction. I agree to indemnify and hold harmless the Administrator and the Custodian and their respective officers, directors, shareholders and employees, agents, and assigns, from any and all claims, actions, proceedings, damages, judgments, liabilities, costs and expenses (including reasonable attorneys’ fees) and any loss to my account as a result of any action I have taken or failed to take in connection with this investment transaction, including, without limitation, claims, actions, proceedings, damages, judgments, liabilities, costs and expenses (including reasonable attorneys’ fees) asserted by me.
- I agree that if this Direction of Investment and any accompanying documentation are not received as required, or, if received, are unclear in the opinion of the Administrator, or if there is insufficient undirected cash in my account to fully comply with my instructions to purchase the investment and to pay all fees, the Administrator may not process this transaction until proper documentation and/or clarification is received, and the Administrator and Custodian will have no liability for loss of income or appreciation. I agree that all communications regarding this transaction must be in writing or entered electronically in a form approved by the Administrator by me or by my authorized agent on my behalf, and that no oral modification of my instructions will be valid.
- I agree that should I make multiple investment transaction requests from my account within the same business day, these requests will be honored on a “First In First Out” (FIFO) basis with regard to the available cash balance held in my account. I agree that neither the Administrator nor the Custodian will not be liable for any investment that cannot be made based upon an insufficient cash balance held in my account, or as a result of any investment transaction request being honored on a FIFO basis.
- I agree that my account is subject to the provisions of Internal Revenue Code (IRC) §4975, which defines certain prohibited transactions. I agree that it is my sole responsibility to review investments and to determine whether they are prohibited under §4975 or under any other federal, state or local law. I agree to seek the counsel from licensed attorneys, CPAs, and other professionals as to the legal, tax and financial ramifications from my investment. I certify that making this investment will not constitute a prohibited transaction and that it complies with all applicable federal, state, and local laws, regulations and requirements.
- I agree that neither the Administrator nor the Custodian reviews or approves the subscription agreement, purchase agreement, operating agreement, by-laws, limited or general partnership agreement, trust agreement or any other similar agreement regarding the purchase or operation of the entity I am instructing the Administrator to invest in for my account via this Direction of Investment (the “Entity”). I agree that I am solely responsible for making sure that the Entity was not formed and will not operate in a way that does or may lead to a prohibited transaction under IRC §4975. Without limiting the generality of the foregoing, I agree that if the Entity becomes a “disqualified person” (as that term is defined in IRC §4975) upon funding, then any future mandatory capital calls may be considered to be a prohibited transaction under IRC §4975.
- I agree that I am responsible for confirming that no “disqualified person” with respect to my account will benefit from this investment in any way which is prohibited by IRC §4975. I represent that I have done my own due diligence on the Entity. I agree that neither the Administrator nor the Custodian makes any attempt to evaluate the Entity or the individuals involved with the Entity. I agree that I am solely responsible for evaluating the Entity, its operations and its investment potential.
- I agree that my investment in the Entity may be subject to the Plan Asset Regulations (29 C.F.R. § 2510.3-101) and Interpretive Bulletin 75-2 (29 C.F.R. § 2509.75-2) issued by the U.S. Department of Labor. If these regulations apply to this investment, the Entity is disregarded for purposes of the prohibited transaction rules of IRC §4975, and officers, directors, managers and the like may become fiduciaries of my account. I represent that I agree the Plan Asset Regulations and Interpretive Bulletin 75-2 or I have consulted with competent legal counsel regarding these regulations and their potential application to the Entity prior to making my investment decision. I agree that no person at the office of the Administrator or the Custodian has the authority to modify any of the foregoing provisions.
- I further agree that my account is subject to the provisions of IRC §§511-514 relating to Unrelated Business Taxable Income (UBTI) of tax-exempt organizations. If this investment generates UBTI, I agree that I will be responsible for preparing or having prepared the required IRS Form 990-T tax return and any other documents that may be required. I agree that neither the Administrator nor the Custodian makes any determination of whether or not investments in my account generate UBTI.
- I agree that the assets in my account are required by the IRS to be valued annually as of the end of each calendar year. I agree to provide the prior year end value of this investment by no later than January 15th of each year in writing or other form provided by the Administrator, with substantiation to support the value provided. I agree that the Administrator and the Custodian do not conduct appraisals and do not seek to verify values provided to it by myself or by any third party on my account’s behalf.
- I agree that with some types of accounts there are rules for Required Minimum Distributions (RMDs) from the account. If I am now subject to the RMD rules in my account, or if I will become subject to those rules during the term of this investment, I represent that I have verified either that the investment will provide income or distributions sufficient to cover each RMD, or that there are other assets in my account or in other accounts that are sufficiently liquid (including cash) from which I will be able to withdraw my RMDs. I agree that failure to take RMDs may result in a tax penalty of 50% of the amount I should have withdrawn.
- I agree to indemnify and hold harmless the Administrator and the Custodian and their respective officers, directors, shareholders, employees, agents, and assigns, from and against any and all liabilities, losses, costs and expenses arising from or relating to the performance of their services with respect to this investment or my account, including but not limited to any liability for taxes, penalties or other amounts because the investment (a) is or may be offered or conducted by any provider or Entity in violation of applicable law, (b) is or becomes a prohibited transaction under IRC §4975, (c) generates UBTI, or (d) results in a distribution of any value.
- I certify that I have examined this Direction of Investment and any accompanying documents or information, and to the best of my knowledge and belief, it is all true, correct and complete.