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The Morgan Stanley Power of Attorney form is a significant legal document that grants an appointed agent extensive authority over an individual's financial affairs. This form enables the agent to manage a variety of transactions on behalf of the principal, which includes the ability to buy and sell securities, withdraw funds, and access lines of credit. It is important to note that this authorization is not limited to transactions with Morgan Stanley alone; the agent can engage in various financial activities across different platforms. The powers granted by this document are durable, meaning they remain effective even if the principal becomes incapacitated. However, the principal retains the right to revoke this authorization at any time by providing written notice to the relevant Morgan Stanley branch. The form also includes a warning about the breadth of the powers conferred, emphasizing the importance of understanding the implications of such an arrangement. While the agent can perform numerous actions, there are specific limitations, such as the inability to make gifts of funds or property. This article will explore the key features of the Morgan Stanley Power of Attorney form, the responsibilities it entails, and the safeguards in place to protect both the principal and the agent.

Sample - Morgan Stanley Power Attorney Form

For Internal Use Only

Branch No.

Account No.

Financial Advisor No.

Durable Power of Attorney Security Account

Full Discretionary Authorization

(Non-Morgan Stanley Employee)

his authorization is a full discretionary authorization. It empowers the Agent named herein to withdraw money, securities or other property in his or her own name, in the name of the principal(s) or otherwise. Morgan Stanley policy does not permit its employees to exercise full discretionary authority.

WARNING

his is an important legal document. It creates a durable power of attorney. Before executing this document, you should know these important facts:

a)his document may provide the person you designate as your attorney-in-fact with broad powers to dispose, sell, convey and encumber your property.

b)hese powers will exist for an indeinite period of time and will continue to exist notwithstanding your subsequent disability, incompetency or incapacity.

c)You have the right to revoke or terminate this durable power of attorney by giving us written notice addressed to the branch oice servicing your account. Such revocation shall not afect your liability for any transaction initiated prior to our receipt of said evocation.

To: Morgan Stanley Smith Barney LLC and applicable ailiates (“MSSB”)

1. he undersigned hereby appoints:

AGENT’S NAME

 

for the following account (complete name of account)

 

,

as the undersigned’s Agent and attorney-in-fact (“Agent”), with full and unlimited power and authority to act for the undersigned in

 

all matters in connection with the undersigned’s account/accounts or any available lines of credit at MSSB or its ailiates, however

 

designated and whether presently open or hereafter opened. Without limiting the foregoing general authority, the Agent is authorized

 

to buy and sell (including short sales) to subscribe for and trade in stocks, bonds, options (including uncovered short positions in

 

option contracts or in the uncovering of any existing short position in option contracts), limited partnership interests, trust units and

 

any other securities and/or contracts relating to the same, on margin or otherwise, in accordance with MSSB terms and conditions for

 

the undersigned’s account and risk in the undersigned’s name or number on MSSB books. It is further understood that any transaction

 

may be efected with MSSB as a principal or dealer or through MSSB as agent or broker as a principal or dealer, and that any such

 

transactions may involve securities in the distribution of which MSSB or its agent or broker may have an interest as an underwriter,

 

member of a selling group, or otherwise.

 

2.Without limiting the general authority of the foregoing, the Agent is further authorized to (a) deliver to MSSB securities for the undersigned’s account(s), and instruct MSSB to deliver securities from said account(s) to said Agent or to others, in such name and form, including the name of said Agent, as he or she may direct; (b) to instruct MSSB to make payment of money from my account(s) or to draw against lines of credit at MSSB or ailiates and to receive and direct payments therefrom payable to said Agent or to others including payment for any investment advisory fees or Power of Attorney Agent fees; (c) to sell, assign, endorse and transfer securities of any nature standing in the undersigned’s name and to execute any documents necessary to efectuate the foregoing; (d) to receive statements of transactions made for said account(s) and to approve and conirm the same; (e) to receive any and all notices, calls for margin, or other demands with reference to the undersigned’s account(s) and to enter into any and all agreements with MSSB on my

FULL DISCRETIONARY AUTHORIZATION NON-MORGAN STANLEY EMPLOYEE (02/2013)

PAGE 1 OF 4

LACDPFULNAO

For Internal Use Only

Branch No.

Account No.

Financial Advisor No.

behalf including the opening of additional accounts in my name. It is understood that pursuant to this authorization, the Agent may employ any electronic services provided by MSSB for which the undersigned has subscribed or for which the Agent has subscribed on the undersigned’s behalf, including but not limited to, on-line trading, bill paying, e-delivery and automatic funds transfer (AFT).

he undersigned agrees that the Agent will not be the sole recipient of statements and conirms for the undersigned’s account and that the undersigned or another authorized party who does not have trading authority over the account will receive duplicate conirms and statements for review.

his authorization does not give the Agent the authority to make gifts of funds or property but MSSB is under no duty to inquire into the nature of any instruction given by said Agent to deliver or transfer funds or property from the undersigned’s account(s).

3.In all matters relating to the undersigned’s account(s), MSSB is authorized to follow the instructions of the aforesaid Agent in every respect and MSSB shall be fully protected in relying upon said instructions without inquiry and without liability or accountability for the use or application of any securities or moneys delivered or paid pursuant to said instructions. he undersigned hereby agrees to release, indemnify and hold MSSB harmless from any and all liabilities that may arise by virtue of your following the instructions of said Agent and the undersigned hereby ratiies and conirms any and all transactions made with MSSB heretofore or hereafter made by such Agent. Any and all losses or debit balances due you arising from instructions or transaction given by said Agent shall be paid to MSSB promptly by the undersigned upon demand. If this authorization is connected to a retirement account it does not include the authority to change beneiciaries.

4.his authorization and indemnity is in addition to (and in no way limits or restricts) any rights which MSSB may have under any other agreement or agreements between the undersigned and MSSB.

5.To revoke this authorization, the undersigned hereby agrees to submit a written notice addressed to MSSB and delivered to the MSSB branch oice serving the account, but such revocation shall not afect any liability in any way resulting from transactions initiated prior to such revocation.

6.his authorization shall inure to the beneit of MSSB and of any successor entities or assigns and shall be binding on the undersigned’s heirs, successors or assigns.

7.Arbitration

he undersigned acknowledges that I have agreed to the arbitration provisions of the Client Agreement and that by appointing an Agent, that Agent will also be subject to those arbitration provisions.

8.his authorization and all the terms herein shall be governed and construed in accordance with the laws of the State of New York without giving efect to principles of conlict of laws and without regard for the principal(s) residence, domicile or place of execution. he statute of limitations applicable to any claim shall be that which would be applied by the courts of the state in which the undersigned resides or if the undersigned does not reside in the United States, the statute of limitations shall be that which would be applied by the courts in the state where the MSSB oice servicing the undersigned’s account(s) is located.

9.If any provision of this authorization is or becomes inconsistent with any applicable present or future law, rule or regulation, that provision will be deemed rescinded or modiied in order to comply with the relevant law, rule or regulation. All other provisions of this authorization will continue and remain in full force and efect.

10.his authorization shall not be afected by the subsequent disability, incapacity or incompetency of any of the undersigned nor by a lapse of time between its execution and exercise.

11.To induce any transfer agent or other third party to act hereunder, the undersigned hereby agrees that any transfer agent or other third party receiving a duly executed copy or facsimile of this instrument may act hereunder, and that revocation or termination hereof shall be inefective as to such transfer agent or other third party unless and until actual notice or knowledge of such revocation or termination shall have been received by such transfer agent or other third party. he undersigned for myself and for my heirs, executors, legal representatives and assigns, hereby agrees to indemnify and hold harmless any such transfer agent or third party from and against any and all claims that may arise against such transfer agent or other third party by reason of such transfer agent or third party having relied on this instrument.

12.he undersigned acknowledges receiving a copy of this authorization.

FULL DISCRETIONARY AUTHORIZATION NON-MORGAN STANLEY EMPLOYEE (02/2013)

PAGE 2 OF 4

LACDPFUL

For Internal Use Only

Branch No.

Account No.

Financial Advisor No.

CLIENT’S SIGNATURE(S)

THIS AUTHORIZATION MUST BE SIGNED BEFORE A NOTARY PUBLIC

his authorization contains a predispute arbitration acknowledgement at paragraph 7 on page 2.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

CLIENT’S NAME (PRINT)

 

 

 

CLIENT'S SIGNATURE

 

 

 

 

 

 

 

DATE

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

CLIENT’S NAME (PRINT)

 

 

 

CLIENT'S SIGNATURE

 

 

 

 

 

 

 

DATE

State of

 

 

 

 

 

SS

(SEAL)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

County of

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

On this

 

 

day of

 

20

 

 

before me personally appeared

 

 

 

 

 

 

and

 

 

 

 

 

 

known to me to be the individual(s) described in and who

 

 

 

 

 

 

executed the above instrument, and acknowledged to me that he/she/they executed the same.

SIGNATURE OF NOTARY PUBLIC

he information which follows pertains to the AGENT:

AGENT’S NAME

A.Is Agent an INVESTMENT ADVISER registered with the SEC or a State? If Yes

Registered with the SEC

SEC NUMBER

Yes

No

Registered with a State

StateFile NumberEfective Date B. If Agent is a Registered Investment Adviser, disregard this Section B.

AGENT’S DATE OF BIRTH

AGENT’S HOME ADDRESS

CITY, STATE AND ZIP CODE

AGENT’S PRIMARY TELEPHONE NUMBER

AGENT’S ALTERNATE TELEPHONE NUMBER

AGENT’S EMAIL ADDRESS (OPTIONAL)

Investing Experience (Year Since) If no experience mark N/A:

EQUITIES FIXED-INCOME OPTIONS COMMODITIES

Are you or a member of your household ailiated with or employed by a broker-dealer?

Yes

No

If YES, you will need a written authorization from that broker/dealer to have trading authority over this account (NYSE 407 letter).

FULL DISCRETIONARY AUTHORIZATION NON-MORGAN STANLEY EMPLOYEE (02/2013)

PAGE 3 OF 4

LACDPFUL

For Internal Use Only

Branch No.

Account No.

Financial Advisor No.

Agent Certiication:

Neither you nor any other person who has authority over the Account is or has been a Politically Exposed Person,1 also known as a senior foreign political igure or an immediate family member or close associate of a senior foreign political igure within the meaning of the U.S. Department of the Treasury’s Guidance on Enhanced Scrutiny for Transactions hat May Involve the Proceeds of Foreign Oicial Corruption and as referenced in the USA PATRIOT Act. In addition, you represent that neither you nor any other person who has authority over the Account is a corporation, business or other entity that is beneicially or majority owned or controlled by the senior foreign political igure. If you or any other authorized person on the Account is or has been such a igure, you agree to disclose that fact to MSSB and provide the necessary information required by law to open and/or to service this Account. You also represent that this Account will not be used for any transactions with, or for the beneit of, any person, entity or country that is the subject of any sanctions administered or enforced by the U.S. Treasury Department’s Oice of Foreign Assets Control (“OFAC”), including, but not limited to, any person, or entity designated on OFAC’s List of Specially Designated Nationals.

AGENT’S AGREEMENT AND AFFIDAVIT. THIS AGREEMENT AND AFFIDAVIT MUST BE SIGNED BEFORE A NOTARY PUBLIC

By signing below, I, the Agent for the principal(s) named herein, accept this appointment and agree to be bound by the terms of this authorization and the Client Agreement executed by the principal(s) including the provisions for arbitration of disputes. I also represent that the Agent certiications are true and accurate. Being irst duly sworn, I do hereby state that this authorization was executed by

the principal(s) at a time when he or she was legally competent to perform such act and that it has not been terminated by any means including voluntary revocation or death of the principal(s).

his authorization contains an arbitration acknowledgement at paragraph 7 on page 2.

NAME OF AGENT (PRINT)

 

SIGNATURE OF AGENT (INDIVIDUAL TO WHOM AUTHORIZATION IS GRANTED)

DATE

State of

 

 

 

 

 

SS

(SEAL)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

County of

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Subscribed and sworn to before me this

 

 

day of

 

20

 

 

before me personally

 

 

 

 

 

appeared

 

 

and

 

 

 

 

 

 

known to me to be the

 

 

 

 

 

 

 

 

individual(s) described in and who executed the above instrument, and acknowledged to me that he/she/they executed the same.

SIGNATURE OF NOTARY PUBLIC

For MSSB Internal Use Only

 

 

 

APPROVED BY BRANCH MANAGER

 

DATE

 

1  For   the purposes of this paragraph, a “Politically Exposed Person” is a current or former senior oficial in the executive, legislative, administrative, mili- tary or judicial branch of a foreign government (whether elected or not), a senior oficial of a major foreign political party, a senior executive of a foreign government-owned corporation or a corporation, business or other entity formed by, or for the beneit of, such a igure. The term “politically exposed person” includes a current or former senior foreign political igure’s “immediate family,” which includes, but is not limited to, parents, siblings, children and in-laws; “close associate,” which means a person who is widely and publicly known to maintain an unusually close relationship with a senior foreign political igure, including a person in a position to conduct substantial domestic and international inancial transactions on behalf of such igure. For a fuller discussion of the preceding terms and deinitions, see http://www.federalreserve.gov/boarddocs/srletters/2001/sr0103.htm.

© 2013 Morgan Stanley Smith Barney LLC. Member SIPC.

FULL DISCRETIONARY AUTHORIZATION NON-MORGAN STANLEY EMPLOYEE (02/2013)

 

PAGE 4 OF 4

LACDPFUL

NY CS 7319994 02/13

 

For Internal Use Only

Branch No.

Account No.

Financial Advisor No.

Durable Power of Attorney Security Account

Full Discretionary Authorization

(Non-Morgan Stanley Employee)

his authorization is a full discretionary authorization. It empowers the Agent named herein to withdraw money, securities or other property in his or her own name, in the name of the principal(s) or otherwise. Morgan Stanley policy does not permit its employees to exercise full discretionary authority.

WARNING

his is an important legal document. It creates a durable power of attorney. Before executing this document, you should know these important facts:

a)his document may provide the person you designate as your attorney-in-fact with broad powers to dispose, sell, convey and encumber your property.

b)hese powers will exist for an indeinite period of time and will continue to exist notwithstanding your subsequent disability, incompetency or incapacity.

c)You have the right to revoke or terminate this durable power of attorney by giving us written notice addressed to the branch oice servicing your account. Such revocation shall not afect your liability for any transaction initiated prior to our receipt of said evocation.

To: Morgan Stanley Smith Barney LLC and applicable ailiates (“MSSB”)

1. he undersigned hereby appoints:

AGENT’S NAME

 

for the following account (complete name of account)

 

,

as the undersigned’s Agent and attorney-in-fact (“Agent”), with full and unlimited power and authority to act for the undersigned in

 

all matters in connection with the undersigned’s account/accounts or any available lines of credit at MSSB or its ailiates, however

 

designated and whether presently open or hereafter opened. Without limiting the foregoing general authority, the Agent is authorized

 

to buy and sell (including short sales) to subscribe for and trade in stocks, bonds, options (including uncovered short positions in

 

option contracts or in the uncovering of any existing short position in option contracts), limited partnership interests, trust units and

 

any other securities and/or contracts relating to the same, on margin or otherwise, in accordance with MSSB terms and conditions for

 

the undersigned’s account and risk in the undersigned’s name or number on MSSB books. It is further understood that any transaction

 

may be efected with MSSB as a principal or dealer or through MSSB as agent or broker as a principal or dealer, and that any such

 

transactions may involve securities in the distribution of which MSSB or its agent or broker may have an interest as an underwriter,

 

member of a selling group, or otherwise.

 

2.Without limiting the general authority of the foregoing, the Agent is further authorized to (a) deliver to MSSB securities for the undersigned’s account(s), and instruct MSSB to deliver securities from said account(s) to said Agent or to others, in such name and form, including the name of said Agent, as he or she may direct; (b) to instruct MSSB to make payment of money from my account(s) or to draw against lines of credit at MSSB or ailiates and to receive and direct payments therefrom payable to said Agent or to others including payment for any investment advisory fees or Power of Attorney Agent fees; (c) to sell, assign, endorse and transfer securities of any nature standing in the undersigned’s name and to execute any documents necessary to efectuate the foregoing; (d) to receive statements of transactions made for said account(s) and to approve and conirm the same; (e) to receive any and all notices, calls for margin, or other demands with reference to the undersigned’s account(s) and to enter into any and all agreements with MSSB on my

FULL DISCRETIONARY AUTHORIZATION NON-MORGAN STANLEY EMPLOYEE (02/2013)

PAGE 1 OF 4

LACDPFUL

CLIENT’S COPY—KEEP FOR YOUR RECORDS

 

For Internal Use Only

Branch No.

Account No.

Financial Advisor No.

behalf including the opening of additional accounts in my name. It is understood that pursuant to this authorization, the Agent may employ any electronic services provided by MSSB for which the undersigned has subscribed or for which the Agent has subscribed on the undersigned’s behalf, including but not limited to, on-line trading, bill paying, e-delivery and automatic funds transfer (AFT).

he undersigned agrees that the Agent will not be the sole recipient of statements and conirms for the undersigned’s account and that the undersigned or another authorized party who does not have trading authority over the account will receive duplicate conirms and statements for review.

his authorization does not give the Agent the authority to make gifts of funds or property but MSSB is under no duty to inquire into the nature of any instruction given by said Agent to deliver or transfer funds or property from the undersigned’s account(s).

3.In all matters relating to the undersigned’s account(s), MSSB is authorized to follow the instructions of the aforesaid Agent in every respect and MSSB shall be fully protected in relying upon said instructions without inquiry and without liability or accountability for the use or application of any securities or moneys delivered or paid pursuant to said instructions. he undersigned hereby agrees to release, indemnify and hold MSSB harmless from any and all liabilities that may arise by virtue of your following the instructions of said Agent and the undersigned hereby ratiies and conirms any and all transactions made with MSSB heretofore or hereafter made by such Agent. Any and all losses or debit balances due you arising from instructions or transaction given by said Agent shall be paid to MSSB promptly by the undersigned upon demand. If this authorization is connected to a retirement account it does not include the authority to change beneiciaries.

4.his authorization and indemnity is in addition to (and in no way limits or restricts) any rights which MSSB may have under any other agreement or agreements between the undersigned and MSSB.

5.To revoke this authorization, the undersigned hereby agrees to submit a written notice addressed to MSSB and delivered to the MSSB branch oice serving the account, but such revocation shall not afect any liability in any way resulting from transactions initiated prior to such revocation.

6.his authorization shall inure to the beneit of MSSB and of any successor entities or assigns and shall be binding on the undersigned’s heirs, successors or assigns.

7.Arbitration

he undersigned acknowledges that I have agreed to the arbitration provisions of the Client Agreement and that by appointing an Agent, that Agent will also be subject to those arbitration provisions.

8.his authorization and all the terms herein shall be governed and construed in accordance with the laws of the State of New York without giving efect to principles of conlict of laws and without regard for the principal(s) residence, domicile or place of execution. he statute of limitations applicable to any claim shall be that which would be applied by the courts of the state in which the undersigned resides or if the undersigned does not reside in the United States, the statute of limitations shall be that which would be applied by the courts in the state where the MSSB oice servicing the undersigned’s account(s) is located.

9.If any provision of this authorization is or becomes inconsistent with any applicable present or future law, rule or regulation, that provision will be deemed rescinded or modiied in order to comply with the relevant law, rule or regulation. All other provisions of this authorization will continue and remain in full force and efect.

10.his authorization shall not be afected by the subsequent disability, incapacity or incompetency of any of the undersigned nor by a lapse of time between its execution and exercise.

11.To induce any transfer agent or other third party to act hereunder, the undersigned hereby agrees that any transfer agent or other third party receiving a duly executed copy or facsimile of this instrument may act hereunder, and that revocation or termination hereof shall be inefective as to such transfer agent or other third party unless and until actual notice or knowledge of such revocation or termination shall have been received by such transfer agent or other third party. he undersigned for myself and for my heirs, executors, legal representatives and assigns, hereby agrees to indemnify and hold harmless any such transfer agent or third party from and against any and all claims that may arise against such transfer agent or other third party by reason of such transfer agent or third party having relied on this instrument.

12.he undersigned acknowledges receiving a copy of this authorization.

FULL DISCRETIONARY AUTHORIZATION NON-MORGAN STANLEY EMPLOYEE (02/2013)

PAGE 2 OF 4

LACDPFUL

CLIENT’S COPY—KEEP FOR YOUR RECORDS

 

For Internal Use Only

Branch No.

Account No.

Financial Advisor No.

CLIENT’S SIGNATURE(S)

THIS AUTHORIZATION MUST BE SIGNED BEFORE A NOTARY PUBLIC

his authorization contains a predispute arbitration acknowledgement at paragraph 7 on page 2.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

CLIENT’S NAME (PRINT)

 

 

 

CLIENT'S SIGNATURE

 

 

 

 

 

 

 

DATE

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

CLIENT’S NAME (PRINT)

 

 

 

CLIENT'S SIGNATURE

 

 

 

 

 

 

 

DATE

State of

 

 

 

 

 

SS

(SEAL)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

County of

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

On this

 

 

day of

 

20

 

 

before me personally appeared

 

 

 

 

 

 

and

 

 

 

 

 

 

known to me to be the individual(s) described in and who

 

 

 

 

 

 

executed the above instrument, and acknowledged to me that he/she/they executed the same.

SIGNATURE OF NOTARY PUBLIC

he information which follows pertains to the AGENT:

AGENT’S NAME

A.Is Agent an INVESTMENT ADVISER registered with the SEC or a State? If Yes

Registered with the SEC

SEC NUMBER

Yes

No

Registered with a State

StateFile NumberEfective Date B. If Agent is a Registered Investment Adviser, disregard this Section B.

AGENT’S DATE OF BIRTH

AGENT’S HOME ADDRESS

CITY, STATE AND ZIP CODE

AGENT’S PRIMARY TELEPHONE NUMBER

AGENT’S ALTERNATE TELEPHONE NUMBER

AGENT’S EMAIL ADDRESS (OPTIONAL)

Investing Experience (Year Since) If no experience mark N/A:

EQUITIES FIXED-INCOME OPTIONS COMMODITIES

Are you or a member of your household ailiated with or employed by a broker-dealer?

Yes

No

If YES, you will need a written authorization from that broker/dealer to have trading authority over this account (NYSE 407 letter).

FULL DISCRETIONARY AUTHORIZATION NON-MORGAN STANLEY EMPLOYEE (02/2013)

PAGE 3 OF 4

LACDPFUL

CLIENT’S COPY—KEEP FOR YOUR RECORDS

 

For Internal Use Only

Branch No.

Account No.

Financial Advisor No.

Agent Certiication:

Neither you nor any other person who has authority over the Account is or has been a Politically Exposed Person,1 also known as a senior foreign political igure or an immediate family member or close associate of a senior foreign political igure within the meaning of the U.S. Department of the Treasury’s Guidance on Enhanced Scrutiny for Transactions hat May Involve the Proceeds of Foreign Oicial Corruption and as referenced in the USA PATRIOT Act. In addition, you represent that neither you nor any other person who has authority over the Account is a corporation, business or other entity that is beneicially or majority owned or controlled by the senior foreign political igure. If you or any other authorized person on the Account is or has been such a igure, you agree to disclose that fact to MSSB and provide the necessary information required by law to open and/or to service this Account. You also represent that this Account will not be used for any transactions with, or for the beneit of, any person, entity or country that is the subject of any sanctions administered or enforced by the U.S. Treasury Department’s Oice of Foreign Assets Control (“OFAC”), including, but not limited to, any person, or entity designated on OFAC’s List of Specially Designated Nationals.

AGENT’S AGREEMENT AND AFFIDAVIT. THIS AGREEMENT AND AFFIDAVIT MUST BE SIGNED BEFORE A NOTARY PUBLIC

By signing below, I, the Agent for the principal(s) named herein, accept this appointment and agree to be bound by the terms of this authorization and the Client Agreement executed by the principal(s) including the provisions for arbitration of disputes. I also represent that the Agent certiications are true and accurate. Being irst duly sworn, I do hereby state that this authorization was executed by

the principal(s) at a time when he or she was legally competent to perform such act and that it has not been terminated by any means including voluntary revocation or death of the principal(s).

his authorization contains an arbitration acknowledgement at paragraph 7 on page 2.

NAME OF AGENT (PRINT)

 

SIGNATURE OF AGENT (INDIVIDUAL TO WHOM AUTHORIZATION IS GRANTED)

DATE

State of

 

 

 

 

 

SS

(SEAL)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

County of

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Subscribed and sworn to before me this

 

 

day of

 

20

 

 

before me personally

 

 

 

 

 

appeared

 

 

and

 

 

 

 

 

 

known to me to be the

 

 

 

 

 

 

 

 

individual(s) described in and who executed the above instrument, and acknowledged to me that he/she/they executed the same.

SIGNATURE OF NOTARY PUBLIC

For MSSB Internal Use Only

 

 

 

APPROVED BY BRANCH MANAGER

 

DATE

 

1  For   the purposes of this paragraph, a “Politically Exposed Person” is a current or former senior oficial in the executive, legislative, administrative, mili- tary or judicial branch of a foreign government (whether elected or not), a senior oficial of a major foreign political party, a senior executive of a foreign government-owned corporation or a corporation, business or other entity formed by, or for the beneit of, such a igure. The term “politically exposed person” includes a current or former senior foreign political igure’s “immediate family,” which includes, but is not limited to, parents, siblings, children and in-laws; “close associate,” which means a person who is widely and publicly known to maintain an unusually close relationship with a senior foreign political igure, including a person in a position to conduct substantial domestic and international inancial transactions on behalf of such igure. For a fuller discussion of the preceding terms and deinitions, see http://www.federalreserve.gov/boarddocs/srletters/2001/sr0103.htm.

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FULL DISCRETIONARY AUTHORIZATION NON-MORGAN STANLEY EMPLOYEE (02/2013)

PAGE 4 OF 4

NY CS 7319994 02/13

File Specs

Fact Name Description
Full Discretionary Authority The Morgan Stanley Power Attorney form provides the Agent with full discretionary authority to manage the principal's account, including the ability to withdraw funds and trade securities.
Durable Power of Attorney This document creates a durable power of attorney, which remains effective even if the principal becomes disabled or incapacitated.
Revocation Rights The principal has the right to revoke the power of attorney at any time by providing written notice to Morgan Stanley.
Agent's Limitations The Agent cannot make gifts of funds or property on behalf of the principal, maintaining certain limitations on their authority.
Governing Law The authorization is governed by the laws of the State of New York, ensuring compliance with state regulations.
Indemnity Clause The principal agrees to indemnify Morgan Stanley against any liabilities arising from actions taken by the Agent under this authorization.
Notarization Requirement The form must be signed in the presence of a notary public, ensuring the authenticity of the signatures and the document itself.

Morgan Stanley Power Attorney - Usage Guidelines

Filling out the Morgan Stanley Power of Attorney form is a crucial step in authorizing someone to manage your financial affairs. This document grants significant powers to the designated agent, so it’s essential to complete it accurately. Follow these steps to ensure that the form is filled out correctly.

  1. Obtain the Form: Start by downloading or requesting the Morgan Stanley Power of Attorney form from your financial advisor or the Morgan Stanley website.
  2. Fill in Your Information: At the top of the form, enter your name, account number, and any other required details in the designated fields.
  3. Appoint Your Agent: In the section that asks for the agent’s name, clearly write the full name of the person you wish to designate as your agent. Make sure this person is trustworthy, as they will have significant authority over your accounts.
  4. Specify the Account: Indicate the complete name of the account for which the agent will have authority. This ensures there is no confusion about which accounts the agent can access.
  5. Review the Powers Granted: Read through the list of powers you are granting to your agent. This includes the ability to buy and sell securities, manage funds, and access account information. Ensure you are comfortable with all the powers being granted.
  6. Sign the Document: At the bottom of the form, sign your name. You will also need to date the document. Make sure to do this in the presence of a notary public.
  7. Notarization: After signing, have the document notarized. The notary will verify your identity and witness your signature, which is required for the document to be valid.
  8. Provide Copies: Once completed and notarized, keep a copy for your records and provide a copy to your agent. You may also need to submit a copy to Morgan Stanley.

After completing these steps, the form will be ready for submission. It’s wise to keep track of any correspondence with Morgan Stanley regarding this authorization. Always ensure that you are aware of the powers you have granted and remain in communication with your agent regarding your financial affairs.

Your Questions, Answered

What is the Morgan Stanley Power of Attorney form?

The Morgan Stanley Power of Attorney form is a legal document that allows you to appoint someone, known as an agent, to manage your financial affairs. This includes the ability to buy, sell, and transfer securities on your behalf. It's important to understand that this form grants broad powers to the agent, and it remains effective even if you become incapacitated.

What powers does the agent have under this form?

Your agent can perform a variety of tasks related to your account. They can buy and sell stocks, bonds, and other securities. They can also withdraw money or property, make payments, and receive account statements. However, the agent does not have the authority to make gifts of funds or property from your account.

Can I revoke the Power of Attorney once it is established?

Yes, you can revoke the Power of Attorney at any time. To do so, you must provide written notice to the branch office that services your account. Keep in mind that revoking the Power of Attorney does not affect any transactions that were initiated before the revocation was received.

What should I consider before signing this document?

This document is significant and creates a durable power of attorney. It is crucial to consider the trustworthiness of the person you are appointing as your agent. They will have significant control over your financial decisions. Additionally, understand that the powers granted will remain in effect indefinitely unless you choose to revoke them.

What happens if my agent acts inappropriately?

If your agent misuses their authority, you may have legal options available to you. However, it is essential to choose an agent you trust. Morgan Stanley is not responsible for any actions taken by your agent, as they are authorized to follow the agent's instructions without inquiry.

Common mistakes

  1. Incorrect Agent Name: Failing to write the correct name of the agent can lead to confusion. Ensure the agent’s name is spelled correctly and matches their identification.

  2. Missing Account Information: Not providing complete account details, such as the account number, may delay processing. Double-check that all required account information is filled in.

  3. Signature Issues: Forgetting to sign the form or using an incorrect signature can invalidate the document. Make sure the signature matches what is on file with Morgan Stanley.

  4. Notarization Errors: Failing to have the document notarized or using an unqualified notary can cause problems. Ensure a notary public witnesses the signing of the document.

  5. Overlooking Revocation Instructions: Not understanding how to revoke the power of attorney can lead to complications later. Familiarize yourself with the revocation process outlined in the document.

  6. Inadequate Understanding of Powers Granted: Not fully comprehending the extent of the powers given to the agent can be risky. Review the powers carefully to ensure you are comfortable with them.

  7. Failure to Update Information: Not updating the form if there are changes in the agent’s circumstances, such as a change of address, can lead to issues. Keep the information current.

  8. Ignoring Legal Advice: Not seeking legal advice when filling out the form may result in mistakes. Consulting with a legal professional can provide clarity and help avoid pitfalls.

Documents used along the form

When dealing with financial matters, especially with a Morgan Stanley Power of Attorney form, several other documents may also be necessary. Each of these forms serves a unique purpose and helps ensure that everything is handled smoothly and legally. Here’s a brief overview of some commonly used forms alongside the Power of Attorney.

  • Durable Power of Attorney: This document grants someone the authority to make decisions on your behalf if you become incapacitated. It remains effective even if you lose the ability to make decisions yourself.
  • Financial Disclosure Statement: This form provides a detailed account of your financial situation. It includes assets, liabilities, income, and expenses, helping your agent understand your financial status.
  • Account Authorization Form: This document allows your agent to access specific accounts and perform transactions on your behalf. It clearly outlines the accounts covered under the authorization.
  • Investment Policy Statement: This is a guide that outlines your investment goals, risk tolerance, and investment strategy. It helps your agent make decisions that align with your financial objectives.
  • Beneficiary Designation Form: This form specifies who will receive your assets after your passing. It’s crucial for ensuring that your wishes are honored regarding the distribution of your estate.
  • Living Will: This document outlines your preferences for medical treatment in case you become unable to communicate your wishes. It is often used in conjunction with a Power of Attorney for healthcare decisions.
  • Trust Agreement: If you have established a trust, this document outlines the terms of the trust, including how assets should be managed and distributed. It can work alongside the Power of Attorney to manage your assets.
  • Client Agreement: This is a contract between you and your financial advisor or institution. It outlines the services provided, fees, and responsibilities of both parties.
  • Revocation of Power of Attorney: If you decide to cancel the authority granted to your agent, this document formally revokes the Power of Attorney, ensuring that your previous agent can no longer act on your behalf.

Understanding these forms can help you navigate financial decisions more effectively. Each document plays a vital role in ensuring that your interests are protected and that your wishes are followed. Always consider consulting a professional when dealing with legal and financial matters.

Similar forms

The General Power of Attorney (GPOA) is a document that grants broad authority to an agent to act on behalf of the principal in various matters, similar to the Morgan Stanley Power Attorney form. Like the Morgan Stanley form, a GPOA allows the agent to manage financial transactions, make decisions regarding property, and conduct business on behalf of the principal. However, the GPOA can be more general in scope, covering a wider range of actions, while the Morgan Stanley form is specifically tailored for financial transactions related to investment accounts.

A Durable Power of Attorney (DPOA) is another document that shares similarities with the Morgan Stanley Power Attorney. The DPOA remains effective even if the principal becomes incapacitated, which is a key feature also present in the Morgan Stanley form. Both documents empower an agent to manage the principal's financial affairs, but the DPOA can be broader in its application, allowing for decisions beyond just investment accounts. The enduring nature of both documents ensures that the agent can continue to act on behalf of the principal during times of incapacity.

The Limited Power of Attorney (LPOA) is yet another document that resembles the Morgan Stanley Power Attorney. An LPOA grants specific powers to an agent for a defined period or for particular tasks, such as managing investments or selling property. While the Morgan Stanley form allows for full discretionary authority over an investment account, the LPOA can be more restrictive, limiting the agent's actions to specific transactions. This tailored approach can be beneficial for individuals who wish to retain control over certain aspects of their financial affairs.

Finally, a Healthcare Power of Attorney (HPOA) is a document that, while focused on medical decisions, shares the principle of granting authority to an agent. Like the Morgan Stanley Power Attorney, the HPOA allows an agent to make decisions on behalf of the principal when they are unable to do so themselves. The urgency of both documents is significant; they ensure that the designated agent can act promptly in critical situations, whether in financial or healthcare matters. The key difference lies in their focus: one on financial affairs and the other on medical decisions.

Dos and Don'ts

When filling out the Morgan Stanley Power of Attorney form, it is essential to adhere to specific guidelines to ensure accuracy and compliance. The following list outlines important dos and don'ts:

  • Do read the entire form carefully before filling it out.
  • Do provide complete and accurate information for both the principal and the agent.
  • Do ensure that the agent understands their responsibilities and powers granted by this authorization.
  • Do have the form notarized after all signatures are obtained.
  • Don't leave any sections blank; fill out all required fields.
  • Don't sign the form without understanding the implications of granting power of attorney.
  • Don't use outdated versions of the form; always use the most current version.
  • Don't assume that the agent will act in your best interest without clear communication of your wishes.

Misconceptions

  • Misconception 1: The Morgan Stanley Power of Attorney form allows anyone to act on my behalf.
  • This is not true. The form specifically designates an Agent, who is the only person authorized to act on your behalf. This individual must be named in the document, and their powers are clearly defined.

  • Misconception 2: I can change my Agent at any time without notifying Morgan Stanley.
  • In reality, you must provide written notice to Morgan Stanley to revoke or change your Agent. This ensures that the financial institution is aware of any changes and can update their records accordingly.

  • Misconception 3: Once I sign the Power of Attorney, I lose control over my financial decisions.
  • Signing the document does not mean you relinquish control. You retain the right to make your own financial decisions unless you are unable to do so due to incapacity.

  • Misconception 4: The Agent can make gifts of my property without my consent.
  • This is incorrect. The Power of Attorney does not grant the Agent the authority to make gifts on your behalf. Their powers are limited to managing your financial affairs.

  • Misconception 5: The Power of Attorney remains valid even after my death.
  • This is a common misunderstanding. The Power of Attorney is only valid while you are alive. Upon your passing, the authority granted to the Agent ceases immediately.

  • Misconception 6: I can execute the Power of Attorney without a notary.
  • Notarization is a requirement for the document to be valid. This step helps to verify your identity and ensures that the document is executed properly.

Key takeaways

Understanding the Morgan Stanley Power of Attorney form is crucial for anyone considering granting another individual the authority to manage their financial affairs. Here are key takeaways to keep in mind:

  • Broad Authority: The form grants the appointed agent significant powers, allowing them to buy, sell, and manage securities on your behalf.
  • Durability: This power of attorney remains effective even if you become incapacitated or disabled, ensuring your financial matters can still be managed.
  • Revocation Rights: You can revoke this power of attorney at any time by providing written notice to Morgan Stanley, but this does not affect past transactions initiated before the revocation.
  • Indemnification: By signing, you agree to indemnify Morgan Stanley against any liabilities arising from the agent's actions, which means you are responsible for any losses incurred as a result of their decisions.
  • Limitations on Gifts: The agent does not have the authority to make gifts of funds or property from your accounts, ensuring that your assets remain under your control.
  • Legal Compliance: The authorization is governed by New York state law, and any inconsistencies with future laws will not invalidate the entire document.

Filling out this form requires careful consideration, as it establishes a significant legal relationship between you and the appointed agent. Make sure to review the implications thoroughly before proceeding.