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Rolllover Agreement Assets

This Rollover Agreement Assets template is used when an individual or entity wishes to transfer existing assets from one retirement account or investment vehicle to another without incurring a taxable distribution. It outlines the terms and conditions for the direct rollover of specified assets.

Updated 16d ago
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{{company_name}}

{{company_address}}

Phone: {{phone}} | Email: {{email}} | Web: {{website}}

Rolllover Agreement Assets

Rolllover Agreement Assets

Parties

This Rollover Agreement (hereinafter "Agreement") is made and entered into as of {{date_of_agreement}} by and between:

Transferor: {{transferor_name}}, with a principal place of business at {{transferor_address}} (hereinafter "Transferor").

Transferee: {{transferee_name}}, with a principal place of business at {{transferee_address}} (hereinafter "Transferee").

Recitals

WHEREAS, the Transferor holds certain assets in an account with {{current_custodian_name}}, account number {{current_account_number}} (hereinafter "Current Account"); and

WHEREAS, the Transferor desires to transfer and roll over these assets to an account with the Transferee, account number {{new_account_number}} (hereinafter "New Account"); and

WHEREAS, the Transferee is willing to accept such assets subject to the terms and conditions of this Agreement and its governing plan documents.

NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties agree as follows:

Agreement to Rollover

The Transferor hereby irrevocably instructs {{current_custodian_name}} to transfer the following assets (hereinafter "Rollover Assets") directly to the Transferee:

Description of Assets: {{description_of_assets}}

Asset Identification Codes (e.g., CUSIPs, ISINs): {{asset_identification_codes}}

Quantity/Amount: {{quantity_amount}}

The Transferor acknowledges that this is a direct rollover and that the Rollover Assets will not be distributed to the Transferor prior to transfer to the Transferee.

Representations and Warranties of Transferor

The Transferor represents and warrants that:

(a) The Transferor has full power and authority to enter into this Agreement and to effect the rollover contemplated herein.

(b) The Rollover Assets are free and clear of any liens, encumbrances, or adverse claims, except as specifically disclosed to the Transferee in writing.

(c) All information provided by the Transferor to the Transferee in connection with this Agreement is true, complete, and accurate.

Acceptance by Transferee

The Transferee agrees to accept the Rollover Assets described in Section 3, subject to the terms of the Transferee’s governing plan documents and any applicable laws or regulations.

The Transferee reserves the right to reject any assets that do not conform to its investment policies or are illiquid or otherwise unsuitable for the New Account. In such an event, the Transferor will be notified, and alternative arrangements will be discussed.

Tax Consequences

The Transferor acknowledges and understands that this is intended to be a direct rollover under applicable tax laws (e.g., Section 401(a)(31) of the U.S. Internal Revenue Code or similar provisions in other jurisdictions).

The Transferor is solely responsible for obtaining independent tax advice regarding the tax consequences of this rollover. The Transferee is not providing tax advice and makes no representations regarding the tax treatment of the Rollover Assets.

In the event the rollover does not qualify as a direct rollover for tax purposes, the Transferor shall be solely responsible for any resulting taxes, penalties, or interest.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of {{applicable_country_state_region}}, without regard to its conflict of laws principles.

Entire Agreement

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, understandings, negotiations, and discussions, whether oral or written, between the parties.

Amendments

Any amendment or modification to this Agreement must be in writing and signed by both the Transferor and the Transferee to be effective.

Counterparts

This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

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