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The Morgan Stanley Power of Attorney form is a pivotal document, granting an Agent broad authority over the principal's security account with Morgan Stanley. This form, designed for non-employee use, provides the Agent full discretionary power to manage, sell, or transfer securities and funds, potentially encompassing a wide array of transactions from buying stocks and bonds to drawing against lines of credit. It's crucial for individuals considering this form to understand its potency and permanence: once signed, it offers the designated Agent considerable leeway in handling the principal's assets, with such powers continuing undiminished by the principal’s disability, incompetency, or incapacity. The form explicitly forbids Morgan Stanley employees from being designated as Agents, ensuring a layer of protection against potential conflicts of interest. However, it also comes with stern warnings about the legal gravity of granting such powers and advises principals of the right to revoke the authorization as circumstances necessitate. Additionally, it obliges the principal to indemnify Morgan Stanley against losses arising from the Agent's actions, further emphasizing the document's serious implications. This comprehensive authorization includes detailed subsections regarding the execution, revocation, and legal grounding of the authorization, underscoring the necessity for principals to thoroughly review and comprehend the scope and lasting impact of the powers conferred upon their Agent before proceeding.

Preview - 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.

© 2013 Morgan Stanley Smith Barney LLC. Member SIPC.

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

PAGE 4 OF 4

NY CS 7319994 02/13

Download Morgan Stanley Power Attorney PDF Form

Form Data

Fact Name Description
Authorization Nature The form grants full discretionary authorization, allowing the agent to make wide-ranging decisions regarding the withdrawal and management of money, securities, or other property.
Employee Restriction Morgan Stanley's policy restricts its employees from being granted full discretionary authority through this form.
Durability This power of attorney is durable, meaning it remains effective despite the principal's subsequent disability, incompetency, or incapacity.
Revocability The principal can revoke or terminate the power of attorney at any time with written notice, though this shall not affect any prior transactions initiated.
Governing Laws The authorization and its terms are governed and construed in accordance with the laws of the State of New York, regardless of the principal's residence or domicile.
Arbitration Agreement By signing, the agent and the principal agree to the arbitration provisions of the Client Agreement, which applies to all disputes related to the authorization.
Successors and Assigns The authorization benefits Morgan Stanley, any successor entities or assigns, and is binding on the principal's heirs, successors, or assigns.

Instructions on Utilizing Morgan Stanley Power Attorney

Filling out the Morgan Stanley Power of Attorney form is a critical step for granting someone the authority to manage your securities account. This form provides the designated individual, referred to as the agent, with comprehensive control over transactions involving your money, securities, or any other property. It's essential to proceed with caution and full awareness of the implications, as this document grants broad powers and continues in effect indefinitely, even in the event of the principal's subsequent disability, incompetency, or incapacity. Revocation is possible through written notice to the serving branch office, yet it's important to remember that the document's consequences extend beyond the revocation, affecting transactions initiated before the notice.

  1. Firstly, read the entire form carefully to understand the scope of authority you're granting along with its long-term implications.
  2. Enter the Branch Number, Account Number, and Financial Advisor Number at the top of the form for internal use.
  3. In the “Agent’s Name” field, write the full legal name of the individual you are appointing as your attorney-in-fact (Agent).
  4. Under the section labeled “for the following account,” clearly specify the complete name of the account which the Agent will have authority over.
  5. Proceed through sections 1 to 12, reviewing each part to ensure it aligns with your intentions for the Agent’s authority. Pay particular attention to the broad scope of powers, including the Agent’s ability to buy and sell assets and manage transactions, as well as the security measures and limitations placed on this authority.
  6. If necessary, complete the information about the Agent if they are not a registered investment adviser. This includes the Agent’s date of birth, contact information, and investing experience.
  7. Ensure the Agent reviews the certification requirements and completes the section pertaining to politically exposed persons and other declarations.
  8. On the signature page, provide your printed name and signature as the client, opposite the designated areas for “Client’s Name (Print)” and “Client's Signature.” Don’t forget to include the current date.
  9. The form must be signed before a Notary Public. Arrange to have the document notarized, ensuring the Notary fills out their section, including their seal, signature, and the date of notarization.
  10. Have the Agent fill out their part of the form, including their agreement and affidavit, print their name, and sign in the presence of a Notary Public. The Agent's section also needs to be notarized in the same manner as the client’s section.
  11. Review the form one last time for completeness and accuracy before submission to ensure all requirements are met.
  12. Finally, submit the completed form to the appropriate Morgan Stanley branch office as directed, keeping a copy for your records.

Upon submission, the form will undergo processing by Morgan Stanley. It’s essential to maintain open communication with both the Agent and your financial advisor to ensure the authority granted aligns with your financial goals and needs. Remember, this form is a significant legal document that requires careful consideration and proper handling to safeguard your financial interests.

Obtain Answers on Morgan Stanley Power Attorney

  1. What is the Morgan Stanley Power of Attorney form?

    This form is a legal document granting full discretionary authority to an appointed agent, not employed by Morgan Stanley, to manage the principal's security account. This includes the power to withdraw money, securities, or other property, and engage in transactions like buying, selling, and transferring securities. It's essential to recognize that this form grants broad powers over your property and remains effective indefinitely unless explicitly revoked by you.

  2. Who can be appointed as an Agent under this form?

    Any individual you trust, who is not an employee of Morgan Stanley, can be appointed as your Agent. This person will have the authority to manage your account fully, based on the powers outlined in the form. It includes making investment decisions and executing transactions in your name. However, it's crucial that this individual is someone you have full confidence in, given the extent of the power granted.

  3. Can Morgan Stanley employees serve as Agents?

    No, Morgan Stanley policy strictly prohibits its employees from being appointed as Agents with full discretionary authority over clients' accounts. This policy is aimed at avoiding potential conflicts of interest and ensuring that your account is managed without any bias.

  4. How can I revoke the Durable Power of Attorney?

    You have the right to terminate this Durable Power of Attorney at any time. This can be done by providing written notice directly to the Morgan Stanley branch office managing your account. It's important to note that any transactions initiated by your Agent prior to Morgan Stanley's receipt of your revocation notice will still bind you.

  5. What are the implications of appointing an Agent with respect to retirement accounts?

    While this form grants substantial control over your securities account to your appointed Agent, it expressly does not allow for the modification of beneficiaries linked to retirement accounts. This safeguard helps ensure that long-term planning decisions, such as those affecting retirement accounts, remain under your direct control unless otherwise specified through a separate legal arrangement.

Common mistakes

When dealing with the Morgan Stanley Power of Attorney form, accuracy and thorough understanding are imperative. The following are common mistakes people often make while filling out this form:

  1. Not fully understanding the level of authority being granted. This form conveys full discretionary authority, allowing the designated agent to make broad financial decisions, including selling, conveying, and encumbering property. It's crucial that the person signing fully appreciates the extent of power they're assigning.

  2. Failing to specify the account(s) clearly. The form requires detailed information about which Morgan Stanley accounts the authority applies to. Incomplete or inaccurate account details can lead to confusion or unauthorized account access.

  3. Omitting the Agent’s information or providing incorrect details. The form mandates comprehensive information about the agent, including their name, address, contact details, and investing experience. Incorrect information can invalidate the authorization or hinder its intended use.

  4. Overlooking the requirement for notarization. Both the principal's and agent’s signatures need to be notarized to confirm their identity and understanding of the document's gravity. Skipping this step can render the document unenforceable.

  5. Ignoring the arbitration agreement. By signing the form, both the principal and agent agree to the arbitration provisions set forth in the Client Agreement. It is imperative to review these provisions closely, as they will govern how disputes are resolved.

In addition, it's important to be mindful of:

  • Revocation process: Many principals are not fully aware that they can terminate this power of attorney by providing written notice to Morgan Stanley. Note that such revocation does not affect transactions initiated before Morgan Stanley receives the notice.

  • Employment restrictions: Morgan Stanley policy restricts its employees from being designated under this full discretionary power. This rule is often overlooked, leading to the submission of non-compliant forms.

  • Eligibility for electronic services: The authorization permits the agent to use electronic services on behalf of the principal. Principals should ensure that the agent is aware and capable of managing these services responsibly.

Thoroughly reviewing and accurately completing the Morgan Stanley Power of Attorney form is paramount. Both principals and agents need to ensure they fully understand the document's contents and implications to prevent legal complications and ensure the principal’s financial interests are accurately represented and protected.

Documents used along the form

When preparing for financial management or estate planning, the Morgan Stanley Power of Attorney form may be one element of a comprehensive strategy. To ensure all aspects of one's financial life are covered, several other forms and documents are typically used in conjunction with this document. Below is a list highlighting some of these key documents, along with brief descriptions for each.

  • Client Account Application: This form initiates the opening of a new account, collecting essential information about the individual's investment objectives and financial situation.
  • Beneficiary Designation Form: Used to designate or change beneficiaries on accounts, ensuring assets are distributed according to the individual’s wishes upon their passing.
  • Third-Party Authorization Form: Grants permission for someone other than the account holder to obtain information about an account, offering a way to involve trusted individuals in financial management without granting full trading authority.
  • Stock Power Form: A document that allows for the transfer of stock ownership, often utilized in the gifting or sale of securities held in physical certificate form.
  • Trust Certification: Verifies the existence of a trust and outlines the powers granted to trustees, crucial for accounts owned by trusts.
  • IRA Distribution Form: Needed for taking distributions from an Individual Retirement Account, whether as a one-time distribution or setting up systematic withdrawals.
  • Transfer on Death Agreement: Enables account holders to designate beneficiaries to receive assets in certain accounts upon the account holder's death, bypassing probate.
  • Letter of Authorization for Wire Transfers: Gives authorization to transfer funds electronically between accounts, crucial for moving large sums promptly.
  • HIPAA Authorization Form: Allows healthcare providers to discuss an individual’s health information with designated others, crucial in case the person becomes incapacitated.
  • Notary Acknowledgement: A document that confirms the identity of the signer for legal purposes, often required for the forms above to be considered valid and enforceable.

Understanding the purpose of each document and how they interact is crucial for effective financial planning and management. Individuals often find it beneficial to work with a financial advisor to ensure all paperwork complements each other, aligning with their broader financial and estate planning goals.

Similar forms

  • General Power of Attorney: This document also gives someone else the authority to act on your behalf, similar to the Morgan Stanley Power of Attorney form. The critical difference lies in the scope of power, with the General Power of Attorney potentially covering a broad array of decisions beyond financial matters, like health care or everyday personal decisions.

  • Limited or Special Power of Attorney: Similar to the Morgan Stanley form in that it grants powers to another individual, this document differs by restricting the agent's authority to specific tasks or situations, unlike the broad and full discretionary powers in the Morgan Stanley form.

  • Durable Power of Attorney for Health Care: This document, while appointing an agent like the Morgan Stanley Power of Attorney, specifically focuses on health care decisions rather than financial matters. However, both documents share the feature of remaining effective even if the principal becomes incapacitated.

  • Springing Power of Attorney: Like the Morgan Stanley Power of Attorney, it can grant broad powers to an agent. The difference is in its activation; a Springing Power of Attorney only becomes effective upon the occurrence of a specified event, typically the principal's incapacity, which may not necessarily be a feature of the Morgan Stanley document.

  • Financial Power of Attorney: Closely related to the Morgan Stanley document, this grants someone the ability to manage the principal's financial affairs. Both documents serve to authorize an agent to make financial transactions and decisions, but the Morgan Stanley form is specific to securities and related accounts.

  • Real Estate Power of Attorney: This grants an agent power to handle real estate matters on the principal's behalf. While distinct in its focus on real estate, this document parallels the Morgan Stanley Power of Attorney in granting an agent authority to conduct transactions, including buying, selling, and managing property, but is limited to real estate affairs.

Dos and Don'ts

When filling out the Morgan Stanley Power of Attorney form, there are specific dos and don'ts to keep in mind to ensure the process is completed correctly and that your rights are protected. Below are key points to remember:

  • Do carefully read the entire form before you start filling it out to understand the scope of authority you're granting.
  • Do confirm the Agent’s name and details are correctly filled in, ensuring they match their official identification.
  • Do verify your account details are accurate to prevent any processing delays or errors.
  • Do consider discussing the powers granted in this form with a legal advisor, especially concerning the durable aspect of the power of attorney.
  • Do ensure that the form is signed in the presence of a Notary Public to meet legal witnessing requirements.
  • Do not leave any sections incomplete. If a section doesn’t apply, mark it as N/A (Not Applicable) instead of leaving it blank.
  • Do not sign the form until you are completely sure about the agent you are appointing and the powers you are granting them.
  • Do not forget to keep a copy of the form for your records after it has been notarized and submitted to Morgan Stanley.

Adhering to these guidelines will help ensure that the power of attorney process aligns with your intentions and that your financial affairs are managed according to your wishes.

Misconceptions

When dealing with the Morgan Stanley Power of Attorney form, it's easy to encounter misunderstandings due to its formal language and the complex nature of legal documents. Here are six common misconceptions and clarifications to help ensure comprehension:

  • It only applies to Morgan Stanley employees. This is not true. The document specifically mentions it grants full discretionary authorization to a non-Morgan Stanley employee, intending to designate an outside individual as the attorney-in-fact with the authority to manage the securities account.
  • The power of attorney is temporary. Actually, this form establishes a durable power of attorney. This means that the powers granted to the attorney-in-fact will continue indefinitely and are not affected by the principal's subsequent disability, incompetency, or incapacity.
  • It grants unlimited power over all the principal’s assets. The authority is broad but only applies to dealings with the principal's account(s) or any available lines of credit at Morgan Stanley Smith Barney LLC or its affiliates. It does not extend to all the principal's assets outside of those parameters.
  • Revocation is complicated and lengthy. To revoke the power of attorney, the principal simply needs to provide written notice to the servicing branch office. This process is designed to be straightforward to protect the principal’s interests.
  • The agent can change the beneficiaries of accounts. While the agent has broad powers, changing the beneficiaries of the account is specifically excluded from this authorization. This ensures that the principal's estate planning wishes are maintained.
  • Any transactions after the principal's death are permitted. The document clarifies that while the power of attorney is durable, it does not survive the death of the principal. Transactions initiated by the agent would not be valid once the principal passes away.

Understanding these key aspects of the Morgan Stanley Power of Attorney form can help individuals make more informed decisions when appointing someone to manage their financial affairs.

Key takeaways

Understanding the Morgan Stanley Power of Attorney Form is crucial for individuals intending to authorize an agent to manage their securities account. Here are key takeaways to ensure proper completion and use of the form:

  • The form grants full discretionary authority, allowing the designated agent to withdraw money, securities, or other property either in their name, the principal's name, or otherwise.
  • Morgan Stanley's policy prohibits its employees from exercising full discretionary authority under this form.
  • This is a durable power of attorney, meaning it remains effective indefinitely and will continue to apply even if the principal becomes disabled, incompetent, or incapacitated.
  • The principal can revoke or terminate the durable power of attorney at any time by providing written notice to the Morgan Stanley branch office servicing their account.
  • The agent is authorized to conduct a wide range of transactions on behalf of the principal, including buying and selling securities, managing lines of credit, and making payments for investment advisory or agent fees.
  • Duplicate confirms and statements will be sent to the principal or another authorized party for review, ensuring transparency of the account’s activities.
  • To revoke this authorization, a written notice must be submitted to Morgan Stanley, effectively terminating the agent's authority to manage the account(s).
  • The authorization benefits and binds not only Morgan Stanley but also its successors, assigns, and the principal's heirs, indicating its broad applicability.
  • Any clause found to be inconsistent with current or future laws, rules, or regulations will be deemed rescinded or modified to comply, ensuring the authorization remains legally sound.

By carefully considering these key points, principals can confidently use the Morgan Stanley Power of Attorney form, knowing their securities account will be managed according to their wishes and within the bounds of the law.

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