TradeKing introduces customers' accounts and transactions on a fully disclosed basis, and has have entered into a clearing arrangement with Legent Clearing LLC ("Legent" and/or "the Clearing Agent"), to perform certain services. Legent carries customers' accounts as clearing broker pursuant to a Brokerage Services Agreement, also referred to as a Clearing Agreement, between TradeKing and Legent, and Legent will clear all transactions under TradeKing's Customer Agreement pursuant to that Clearing Agreement. Legent is only responsible for the execution, clearing and bookkeeping of transactions made and is not otherwise responsible for the conduct of TradeKing.
Until receipt from the customer of written notice to the contrary, Legent may accept from TradeKing, without inquiry or investigation, i) orders for the purchase or sale of securities and other property on margin, if the customer has elected to have a margin account, or otherwise, and (ii) any other instructions concerning said accounts. Legent shall look solely to TradeKing unless otherwise directed by TradeKing, and not to the customer with respect to any such orders or instructions; except that Legent will deliver confirmations, statements, and all written or other notices, including margin maintenance calls if applicable, with respect to the customer's account directly to the customer with copies to TradeKing, and that Legent will look directly to the customer or TradeKing for delivery of margin, payment, or securities. By signing the Customer Agreement, the customer agrees to hold Legent harmless from and against any losses, costs or expenses arising in connection with the delivery or receipt of any such communication(s), provided Legent has acted in accordance with the above. The foregoing shall be effective as to the customer's account until written notice to the contrary is received from the customer by Legent or TradeKing.
Transactions may be executed by Legent or other broker-dealers.
TradeKing will respond to customer inquiries concerning the customer's account and if any inquiry is in the form of a complaint regarding TradeKing, Legent will be responsible for i) promptly notifying TradeKing about the complaint; ii) providing the customer with an acknowledgement that Legent has done this; and iii) providing a copy of the customer's complaint to TradeKing's designated examining authority.
Any rights that either Legent or TradeKing have under the Customer Agreement may be exercised by either Legent or TradeKing or may be assigned to the other, and that Legent and TradeKing may enforce any rights under the Customer Agreement independently or jointly.
04/11/2006 Version 001