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IRA LLC Application DO NOT USE

IRA LLC Application and Agreement

Easy IRA LLC

700 17th Street, Suite 1100 Denver, CO 80202
Phone: 720-677-8660

We will form your IRA LLC in the state of Colorado by default. If you would like us to form your IRA LLC in a state other than Colorado, you will be charged an additional initial fee. The base initial fee for a Colorado LLC is $499. See additional fees

I want my IRA to be formed in the state of:

Name of LLC
By default, we will choose the name of your IRA LLC. The name will generally be {YOUR INITIALS} {CURRENT YEAR}, LLC. You may choose the name of your IRA LLC, but you must be sure the name is available.

Who should choose the name of my IRA LLC?

Manager(s) of LLC
Your IRA LLC will need a named Manager to conduct its activities. Usually you, the IRA owner is named as the sole Manager, but you can select someone else or have two Managers.

Registered Agent
If your IRA LLC is formed in the default state of Colorado, Easy IRA LLC will be named Registered Agent for your IRA LLC. If you chose to form your IRA LLC in a state other than Colorado, Easy IRA LLC cannot act as your Registered Agent and you are required to choose your own Registered Agent.

If you have chosen to form your IRA LLC in a state other than Colorado, please enter the name and address of your Registered Agent here. If you are physically located in the state where your IRA LLC is being formed, you may act as Registered Agent.

LLC Checking Account
LLC checking account will be opened with First Internet Bank unless otherwise noted.

Agree to Account Fees

Agreement to Terms

Individual Retirement Account Adoption Agreement and IRA Investment Directive

M2 Trust Services LLC

700 17th Street, Suite 1100 Denver, CO 80202
Phone: 888-265-1225

Personal Information

Residental Address

Mailing Address (if different)

Country of Citizenship:

Account Type:
The type of IRA I wish to establish is:

Inherited IRA?

Deceased Information (if applicable)

Account distribution status at the time of death:
Relationship to deceased account owner:

Account Funding Options
I will fund my account by:

Designation of Beneficiary(ies)
I designate the individual(s) named below as my primary and contingent beneficiary of my account. I understand that I may change or add beneficiaries at any time by completing and delivering to M2 Trust a new Beneficiary Designation Form. I understand that if I do not provide a designated beneficiary below, in the event of my death, Article XV of the Traditional IRA Custodial Agreement or XVI of the Roth IRA Custodial agreement will prevail.

Beneficiary #1

Beneficiary #2

Beneficiary #3

Beneficiary #4

Single Member Limited Liability Company Investment Directive and Acknowledgements

In conjunction with establishing an IRA with M2 Trust, I am forming a single member LLC. I hereby direct M2 Trust to send all of the initial funds received into the IRA that I am establishing herewith to the bank account that will be established for my IRA LLC in exchange for 100% of the ownership interest in the LLC.

In consideration of M2 Trust’s processing and handling of this investment, I understand and agree to the following terms:

Self-Directed IRA. I understand that my IRA with M2 Trust is a self-directed IRA and that all investment decisions concerning the funds and other assets within the IRA are mine and mine alone, including all investments made within the LLC owned by my IRA. M2 Trust is a passive custodian and does not provide and has not provided me with any investment, tax or legal advice concerning this or any other investment.

Investment Review. I understand that M2 Trust is not responsible for reviewing this investment or any other investment I choose for my IRA. I further understand and agree that M2 Trust will have no knowledge of the investments that take place in the LLC owned by my IRA and, therefore, cannot determine whether those investments are allowed Internal Revenue Code (“IRC”) § 4975 and is hereby absolved from doing so.

Regulations. I understand that the Internal Revenue Service (“IRS”) and the Department of Labor (“DOL”) establish and interpret the rules and regulations that govern investments in IRAs. I further understand that those rules and regulations and the interpretations of them may change from time to time and that what is permissible under those rules at the time of this investment may not be permissible in the future. I acknowledge that any future changes in IRS regulations or other laws and regulations may require further action by me to allow M2 Trust to continue to maintain the LLC within my account. I understand that these things are beyond the control of M2 Trust and agree to hold M2 Trust harmless should this investment later be determined to be impermissible.

Prohibited Transactions. I am familiar with prohibited transactions as set forth in IRC § 4975 and understand that it is my responsibility and my responsibility alone to ensure that no prohibited transactions take place in my IRA as well as in the LLC owned by my IRA. Further, I understand and agree that all investments in my IRA and the LLC owned by my IRA will conform to all applicable IRS and DOL rules and regulations and I am solely responsible and assume all responsibility for seeing that they do.

Insufficient Documents or Information. I acknowledge that M2 Trust may determine that the information I provide is not sufficient to complete its obligations to the IRS. After notifying me of such deficiencies and allowing me to correct them, M2 Trust, at its sole discretion, may determine the sufficiency of the information to comply with IRS regulations and if insufficient, elect to distribute the LLC to me.

LLC Jurisdiction. I understand and agree that the LLC owned by my IRA must be run according to the laws of the jurisdiction in which it is organized and I am responsible, as the managing member, for keeping accurate business and financial books and records and making any and all filings required by any governmental or quasi-governmental entity including all taxing authorities and for paying all annual filing fees

Fair Market Valuation. I understand and agree that I will provide M2 Trust with an accurate year-end valuation of the LLC owned by my IRA on or before January 15th of the following year. I further agree to provide an accurate valuation of the LLC owned by my IRA at the time of any taxable event including, but not limited to, a distribution or Roth Conversion.

UBIT and UDFI. I understand that certain investments may generate Unrelated Business Taxable Income (“UBTI”) or Unrelated Debt Financed Income (under §§ 511 through 514 of the Internal Revenue Code) and that M2 Trust does not monitor for UBTI and does not prepare Form 990-T. If my IRA or the LLC owned by my IRA generate such income and such a tax is applicable, I agree I will have the proper 990-T tax form prepared and will forward it to M2 Trust along with my authorization to pay the tax from funds from my IRA.

Contributions. I understand and agree that all contributions to my IRA must be made to M2 Trust and not to the LLC owned by my IRA. I also agree that the agreement will include language regarding additional capital contribution(s) and whether they are allowed or disallowed; if allowed, the attorney preparing my agreement should state in the agreement that: "Subsequent investments by the single member are permitted and do not create a prohibited transaction under IRC Section 4975".

Distributions. I understand and agree that any distribution of income from the LLC owned by my IRA must be returned to M2 Trust. Furthermore, if I elect to take distributions from my IRA I must complete and return M2 Trust’s Distribution Request form.

Hold Harmless. I agree to hold harmless, protect and indemnify M2 Trust, its officers, employees, directors and representatives (collectively, "representatives") from and against any and all claims, demands, liabilities, losses, damages, costs, attorney’s fees, payments, expenses and charges that M2 Trust may incur or sustain resulting directly or indirectly from my IRA LLC investment or from the inadequacy or inaccuracy of any information or documentation provided by me or caused to be provided by me.

Acknowledgement, Authorization and Account Holder Signature

I, Account Holder, hereby acknowledge and agree to the following:

By signing the IRA Adoption Agreement, I am appointing M2 Trust as Custodian of my IRA and represent and warrant that all information provided by me or on my behalf is and will be true, correct, and complete. I understand that within seven (7) days from the date that I open my Account I may revoke my Account without penalty, subject to the terms and conditions contained in the “Right of Revocation” provision found in the IRA Disclosure Statement, by mailing or delivering a written notice to M2 Trust.
I agree to be responsible for any and all collection actions, including contracting with a collection agency or instituting legal action, and bringing any other suits or actions which may become necessary to protect the rights of my Account as a result of the operation or administration of my investments. I understand that any legal filings made on behalf of my investments are to be made in the name of "M2 Trust, Custodian fbo (my Name)." I agree that I shall not institute legal action on behalf of my investments without M2 Trust' written consent to litigate and that I shall prosecute any legal action at my own expense, including payment of attorney's fees and court costs. I agree that any such legal action will be carried out in a manner that does not cause M2 Trust to incur any costs or legal exposure. I hereby agree to indemnify M2 Trust for any loss, cost, or expense, including attorney's fees that it may incur in any collection activity or legal proceeding.
I hereby agree to fully release, indemnify, hold harmless, and defend M2 Trust, including its officers, directors, employees, successors and assigns, from any liability incurred by or asserted against M2 Trust by reason of any disbursement, sale or investment made, or actions taken by M2 Trust in its role in carrying out my (or my Authorized Agent’s) instructions, and from any and all other actions, claims, losses, and expenses, including legal expenses and attorney’s fees, (collectively “Damages”) whatsoever which may arise in connection with this Account.
That with the exception of uninvested cash in amounts under $250,000 held at depository institutions, my investments are: (a) not insured by the FDIC or any other federal or state deposit guarantee fund; (b) not guaranteed by M2 Trust, its subsidiaries, parent, and/or agents; and (c) are subject to investment risk, including the possible loss of the principal invested.
I agree to all terms as set forth in this IRA Adoption Agreement, and the Custodial Agreement and Disclosure Statement for the IRA type I selected {TRADITIONAL, ROTH, SEP} (collectively, “Plan Documents”) and agree that such documents are incorporated by reference to, and constitute part of, this Agreement.
I agree to the use of electronic signatures and documents as described in the IRA Custodial Agreement and Consent to Electronic Signatures and Documents (found here) and agree that such document is incorporated by reference to, and constitutes part of, this Agreement.
I understand any disputes between me and M2 Trust including with respect to the attached Investment Directive must be arbitrated in Denver, CO in accordance with the arbitration and choice of law provisions in the IRA Custodial Agreement.
I hereby give my consent to have my telephone conversations recorded.

Signature by Account Holder

Signature by M2 Trust Services LLC

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November 21, 2020 1:05 am MDT

IRA LLC Application DO NOT USE Uploaded by Easy IRA LLC - documents@easyirallc.com IP 50.202.203.114

November 24, 2020 7:23 pm MDT