TemplatesOwl
Homepage ↦ Fill Out Your Morgan Stanley Power Attorney Form
Article Structure

The Morgan Stanley Power Attorney form is a vital document that grants an appointed agent, often a trusted individual, the authority to manage investment accounts on behalf of the principal. This form allows for a broad range of actions, ensuring that the agent can buy, sell, and manage various assets in the client's account, even in the event of the principal's incapacity. Once this form is executed, it provides the agent with full discretionary powers, meaning they can make decisions about the financial portfolio without needing the principal's approval for every transaction. Key aspects of the form highlight the durability of this authority, which continues even if the principal becomes disabled or incapacitated. It also outlines the revocation process, demonstrating the principal's right to terminate the agreement at any time. However, it is essential to understand that this document can place significant control into the hands of the designated agent, which is why careful consideration is necessary when selecting someone for this role. Any transactions completed under this authority will also bind the principal to those actions, thus emphasizing the importance of trust and transparency between the principal and their chosen agent.

Morgan Stanley Power Attorney Example

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.

LACDPFUL

CLIENT’S COPY—KEEP FOR YOUR RECORDS

 

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

PAGE 4 OF 4

NY CS 7319994 02/13

Get Morgan Stanley Power Attorney PDF Form

Form Characteristics

Fact Name Description
Full Discretionary Authority The Morgan Stanley Power Attorney form grants the appointed agent broad powers to manage financial matters, including the ability to buy, sell, and trade securities on behalf of the principal, under their name or otherwise.
Durability of Powers This power of attorney remains effective indefinitely, even in case of the principal's disability or incapacity. This means the agent can continue to act on behalf of the principal without interruption.
Revocation Rights The principal has the right to revoke or terminate this authorization at any time, but such revocation does not affect any liability arising from transactions initiated before the revocation notice was received.
Governing Law This authorization forms and disputes arising under it will be governed by the laws of the State of New York.

Guidelines on Utilizing Morgan Stanley Power Attorney

Filling out the Morgan Stanley Power of Attorney form requires careful attention to detail. Each section must be completed accurately to ensure that the designated agent can act on behalf of the principal without any issues. The following steps will guide you through the process.

  1. Obtain the Morgan Stanley Power of Attorney form. Ensure you have the most recent version.
  2. At the top of the form, fill in the Branch No., Account No., and Financial Advisor No. as indicated.
  3. Designate your Agent's Name in the section provided for the agent and the complete name of the account. 
  4. Carefully read the warnings and understand the extent of the authority you are granting to your agent.
  5. Fill in additional required details such as the agent's date of birth, home address, primary and alternate telephone numbers, and email address (optional).
  6. If your agent is a registered investment adviser, check the appropriate box and provide registration details, including SEC or state numbers.
  7. Read the agent certification section and confirm that all representation statements are accurate before signing.
  8. Sign and date the form as the client, ensuring that both clients (if applicable) sign where required.
  9. Find a notary public and sign the document in their presence, completing the notary section.
  10. Make copies of the signed form for your records and submit the original to Morgan Stanley.

What You Should Know About This Form

What is the Morgan Stanley Power of Attorney form?

The Morgan Stanley Power of Attorney form is a legal document that grants an appointed agent the power to manage and make decisions regarding an individual's financial accounts and assets held at Morgan Stanley. This authority includes the ability to buy, sell, and trade securities and manage investment accounts on behalf of the account holder.

What are the key responsibilities of the agent appointed through this form?

The appointed agent, also known as an attorney-in-fact, holds significant authority over the account. They are authorized to perform various actions, such as executing transactions in securities, handling payments from the account, and receiving transaction statements. Moreover, they cannot use these powers to make gifts or transfers of property.

How long does the authority granted through this form last?

The powers delegated to the agent via the Power of Attorney form are durable. This means that the authority continues even if the account holder becomes incapacitated or disabled. The authority lasts indefinitely unless revoked by the account holder through a written notice to Morgan Stanley.

Can the account holder terminate this Power of Attorney?

Yes, the account holder can revoke the Power of Attorney at any time. To do this, they must provide written notice addressed to the branch office serving their account. However, it is important to note that such revocation does not impact any transactions initiated before Morgan Stanley receives the revocation notice.

What should an account holder consider before signing the form?

Signing this document is a significant decision. The account holder should understand that this authorization gives the agent broad powers over their assets, including the ability to sell or encumber property. It is essential to choose an agent who is trustworthy and capable of handling these responsibilities competently. The account holder should also consider the potential risks and benefits associated with granting such authority.

Does the Morgan Stanley Power of Attorney form cover joint accounts?

The Power of Attorney can apply to joint accounts, but the specific authority granted to the agent may depend on the nature of the account and the permissions set forth in the document. It is advisable to clarify which rights the agent has in managing funds associated with a joint account, as both parties may need to agree on certain transactions or decisions.

Common mistakes

Filling out the Morgan Stanley Power of Attorney form can be a straightforward process, but individuals often encounter mistakes that can lead to complications. One common error is failing to provide complete information about the agent being appointed. The form requires specific details, including the agent's name, date of birth, and contact information. If any of this data is missing, it can delay the processing of the authorization and may even lead to its rejection.

Another mistake involves misunderstanding the scope of the authority granted to the agent. Individuals may overlook that this document provides the agent with broad powers to make decisions regarding financial transactions, including buying and selling securities. Without a clear understanding of these powers, the principal might inadvertently grant more authority than intended, which can have significant implications later.

Furthermore, some individuals neglect to have the form notarized. The notary's role is crucial in verifying the identity of the signatory and ensuring that the document is executed properly. Failure to have the signature witnessed can render the document invalid, meaning that the desired authority may not be legally recognized.

Finally, the revocation process is often misunderstood. If individuals later decide to revoke the power of attorney, they must know that a written notice must be submitted to the Morgan Stanley branch servicing their account. Not understanding how to properly execute this revocation can result in continued authority for the agent, which can lead to unwanted transactions or actions being taken without the principal's consent.

Documents used along the form

The Morgan Stanley Power of Attorney form is an essential document that grants significant authority to an agent to manage financial matters on behalf of the principal. Along with this form, several other documents may be necessary to ensure that all aspects of financial management are covered thoroughly. Below is a list of some commonly used forms that accompany the Power of Attorney form.

  • Durable Power of Attorney: This document remains in effect even if the principal becomes incapacitated. It allows the agent to manage the principal's financial affairs long-term, providing peace of mind that decisions can still be made when needed.
  • Financial Account Authorization: This form specifically grants permission for a third party, often the agent, to access and manage specific financial accounts. It can delineate powers more narrowly than the Power of Attorney.
  • Agent Certification Form: This document serves to confirm the agent’s acceptance of their responsibilities. It verifies that the agent understands their obligations and the scope of their authority under the Power of Attorney.
  • Revocation of Power of Attorney: If at any point the principal wishes to withdraw the authority granted to the agent, this form formally revokes the Power of Attorney. It defines the date of termination and alerts relevant parties of the change.
  • Account Release Authorization: This form may be required by financial institutions to allow the agent to access or manage accounts. It is an additional verification that the agent has the authority to act on the principal's behalf.
  • Health Care Proxy: Though not a financial document, this form often accompanies the Power of Attorney. It permits the agent to make healthcare decisions in case the principal is unable to do so.

Each of these documents plays a crucial role in ensuring that the principal's wishes are respected while facilitating effective management of their financial and healthcare decisions. By understanding these forms, individuals can better prepare for future circumstances that may require someone else to step in on their behalf.

Similar forms

The Morgan Stanley Power Attorney form shares similarities with several other legal documents. Each of the following documents has distinct purposes but offers some comparable features in granting authority or managing financial affairs.

  • Durable Power of Attorney: Like the Morgan Stanley form, a Durable Power of Attorney grants an appointed agent the authority to make decisions and act on behalf of the principal even if the principal becomes incapacitated. Its durability is crucial for long-term management.
  • General Power of Attorney: This document allows an agent to act on behalf of the principal in a broad range of matters, including financial transactions. Unlike the Morgan Stanley form, it may not always remain effective if the principal becomes incapacitated.
  • Limited Power of Attorney: A Limited Power of Attorney provides specific powers to an agent for particular tasks or timeframes. Similarly, it can direct agents to act on behalf of the principal, but its authority is restricted compared to the full powers outlined in the Morgan Stanley form.
  • Healthcare Power of Attorney: This document focuses on medical decisions, appointing an agent to make healthcare choices for the principal. Both the Healthcare Power of Attorney and the Morgan Stanley form establish an agent's authority to act, though in different aspects of life.
  • Financial Power of Attorney: This variant is specifically designed for managing financial matters. It grants the agent extensive power, akin to the Morgan Stanley form, but might not cover action relating to securities or investments unless explicitly stated.

Dos and Don'ts

When filling out the Morgan Stanley Power Attorney form, attention to detail is crucial. Here are ten things to consider:

  • Do ensure all personal and agent information is complete and accurate.
  • Don’t leave any sections blank; incomplete forms may be rejected.
  • Do read the entire form carefully before signing it.
  • Don’t rely solely on verbal instructions; everything should be documented in the form.
  • Do consult a legal expert if you have any questions regarding the powers granted.
  • Don’t appoint an agent without discussing the responsibilities with them first.
  • Do keep a copy of the completed form for your records.
  • Don’t forget to sign the form in the presence of a notary public.
  • Do notify Morgan Stanley in writing if you wish to revoke this power of attorney.
  • Don’t assume that the powers granted can be exercised without proper identification or authority.

Misconceptions

  • It’s only for individuals with large accounts. Many believe the Morgan Stanley Power of Attorney form is only useful for wealthy individuals. In reality, it can be helpful for anyone looking to designate someone to manage their financial matters.
  • Employees at Morgan Stanley can use it for full discretionary power. Some think that Morgan Stanley employees can exercise full discretionary authority. However, company policy prohibits employees from having this level of access.
  • Once signed, it cannot be revoked or changed. People often assume this document is permanent. You can revoke or change the Power of Attorney at any time by providing written notice to Morgan Stanley.
  • The Agent can make gifts or transfers on your behalf. There’s a misconception that Agents can freely give away your money or assets. In fact, the Power of Attorney does not allow agents to make gifts of funds or property.
  • This document is the same as a regular Power of Attorney. Many believe this form is just like any generic Power of Attorney; it is not. It grants specific powers in relation to your accounts at Morgan Stanley.
  • You lose control over your assets once you sign it. Some think that signing this form means they completely give up control. This is not true, as you retain the ability to revoke the power at any time.
  • Agents must be financial professionals. Many think that only certified financial professionals can serve as Agents. In reality, anyone you trust can act in this capacity, as long as they agree to it.
  • This document gives the Agent unlimited authority. It is important to note that while the document provides broad powers, it does not include the ability to change account beneficiaries or make gifts.
  • A Power of Attorney applies only to one specific account. Some believe the authorization is limited to one account. In fact, you can allow the Agent to manage multiple accounts under the same document.

Key takeaways

Filling out and using the Morgan Stanley Power of Attorney form involves important considerations. Below are key takeaways related to this process:

  • Durable Power of Attorney: This form creates a durable power of attorney, allowing the appointed agent to act on the principal's behalf even if the principal becomes incapacitated.
  • Broad Authority: The agent is empowered with extensive authority, including the ability to buy, sell, and manage the principal's assets without limitation.
  • Revocation Rights: The principal has the right to revoke or terminate this power of attorney by submitting written notice to the servicing branch. However, this does not affect any transactions made prior to the notice.
  • Agent Obligations: The agent must act in the best interest of the principal and is responsible for properly managing the principal's account and assets.
  • No Gift Authority: The agent cannot make gifts of funds or property from the principal's account without explicit authorization.
  • Notification of Transactions: The principal or another authorized person will receive statements and confirmations of the transactions made under this authority.
  • Legal Limitations: The agreement does not grant authority to change beneficiaries on retirement accounts or other certain assets.
  • Compliance with Laws: This authorization is governed by New York law and must comply with relevant state regulations.
  • Execution Requirements: Both the principal and agent must sign the form before a notary public to validate the document legally.

Understanding these points is crucial for anyone considering the use of the Morgan Stanley Power of Attorney form. Proper utilization of this legal document can help ensure effective management of financial matters while protecting the interests of all parties involved.

Browse Other Templates

Sbi Health - This form is integral to maintaining health benefits even after retirement.

How to Use Topographic Map - Map interpretation skills will be enhanced through practical exercises.