New Client Resources

RIF Declaration of Trust 326

Issue link: https://read.atb.com/i/1032281

Contents of this Issue

Navigation

Page 1 of 2

iv. to collect all interest, dividends, and other income relating to the assets of the Trust Fund; v. to maintain the accounting records of the Fund; vi. to provide you with statements of account; and vii. such other of our duties and responsibilities under the Fund as we may determine from time to time. You also authorize us to pay our Agent all or a portion of the fees paid by you to us hereunder and we may reimburse our Agent for its out-of-pocket expenses incurred in performing the duties and responsibilities delegated to it by us and charge your account therefor. You acknowledge that our Agent may earn normal brokerage commissions on investment and reinvestment transactions processed by them. We shall be entitled to employ such person or persons including, but not limited to, lawyers and auditors as we may determine and shall be entitled to pay their fees and expenses from the Fund. We may rely and act upon information and advice furnished by such person and persons or refrain from acting thereon and shall not be liable to you as a result of acting or refraining from so acting. We shall, however, remain ultimately responsible for the administration of the Fund pursuant to the provisions of this Declaration of Trust. 7. Date of Birth: The statement of your date of birth contained in the Application shall be deemed to be a certification by you of your age, and an undertaking by you to provide any further evidence of proof of age as may be required for the provision of a retirement income. 8. Payments: The whole of the Trust Fund shall be invested, used and applied by us only for the provision of payments to you or, if applicable, to your surviving spouse. In each year commencing not later than the first complete calendar year after the Fund is established, we shall make one or more payments the aggregate of which is not less than the minimum amount established in accordance with subsection 146.3(1) of the Act as amended from time to time, and not exceeding the value of the Trust Fund immediately before any payment. The minimum amount for the year in which the Fund commences is nil. No payment required to be made in accordance with the provisions hereof shall be capable of assignment in whole or in part. At your direction, we shall in the prescribed form and manner transfer all or a part of the then current value of the Trust Fund together with all information necessary for the continuance of the Fund to your registered retirement income fund held by another carrier, provided that the minimum amount, as defined under subsection 146.3(1) of the Act is paid to you and that we will retain an amount pursuant to subsection 146.3(2)(e.1) or (e.2) of the Act. After effecting the transfer on such basis, we shall be discharged from all further duties and liabilities hereunder immediately following paying all amounts required hereunder. 9. Death of Annuitant: In the event of your death prior to us paying all amounts required as described in Article 8, we shall, upon receipt of satisfactory evidence of such death, realize your interest in the Fund, and subject to the deduction of all proper charges including income tax, if any, required to be withheld, the proceeds of such realization shall be held by us for payment to the beneficiary, if any, designated pursuant to Article 10, or to your legal personal representatives, upon such beneficiary or representatives furnishing us with such releases and other documents as we may require, unless your spouse has been designated specifically as your successor annuitant as provided for in Article 10, or by will, in which case we shall continue the payments to your spouse in accordance with the provisions of Article 8. 10. Designation of Successor Annuitant or Beneficiary: If you are domiciled in a jurisdiction that we have designated as one in which a participant in a retirement income fund may validly designate a beneficiary or a successor annuitant other than by will, then you may, by instrument in writing in form prescribed by us and delivered to us prior to your death, designate your spouse as successor annuitant or any person or persons as beneficiary to be entitled to receive your share of the Trust Fund on your death. Such person(s) shall be deemed to be your successor annuitant or designated beneficiary, as the case may be, for the purposes of the Fund unless such person shall predecease you or unless you revoke such designation in writing in form prescribed by us and deliver it to us prior to your death. 11. Splitting of Assets on Marriage Breakdown: We will, upon receiving written direction from you, pay or transfer on your behalf, any property held in the Fund to a registered retirement savings plan or a registered retirement income fund under which your spouse or former spouse is the annuitant if, at the time of such transfer, the payment or transfer is being effected on the breakdown of your marriage, pursuant to and in accordance with subsection 146.3(14) of the Act. Any such requests may be subject to tax and fees or other costs. We will process your request within a reasonable period of time after we have received all completed documents as we may require. 12. Life Income Fund: If, due to Fund assets having been transferred into the Fund from a registered pension plan, locked-in registered savings plan or other life income fund, you have duly completed, signed and delivered an instrument in the form of a locking-in addendum for a life income fund or locked-in retirement income fund, approved by us, such locking-in addendum shall be deemed to be part of this Declaration of Trust. In the event of a conflict, the provisions of such locking-in addendum and the provisions of applicable pension laws referred to therein shall take precedence over any conflicting provisions hereof, or of any beneficiary designation made with respect to the Fund, provided that no provision of this Declaration of Trust shall be interpreted to be in conflict with the requirements of the Applicable Tax Legislation. You agree to be bound by the terms and conditions set out in the locking-in addendum forming part of this Declaration of Trust. 13. Trustee Fees and Expenses: We and our Agent shall each be entitled to such reasonable fees and other charges as we may establish from time to time for the Fund and to reimbursement for disbursements and expenses reasonably incurred by each of us in performing each of our duties hereunder. All such fees and other amounts (together with any goods and services tax or other taxes applicable thereto, other than penalties and taxes for which we are liable under the Applicable Tax Legislation) shall be charged to your account, unless other arrangements have been made between you and our Agent in writing. You shall be provided with a minimum of 60 days notice of any change to such fees and other charges. Form 326 (Rev. 09/18) ATB Wealth consists of a range of financial services provided by ATB Financial and certain of its subsidiaries. Page 2 of 3 ATB Investment Management Inc., ATB Securities Inc., and ATB Insurance Advisors Inc. are individually licensed users of the registered trade name ATB Wealth. ATB Securities Inc. is a member of the Canadian Investor Protection Fund and Investment Industry Regulatory Organization of Canada

Articles in this issue

view archives of New Client Resources - RIF Declaration of Trust 326