Legal
ERISA & Fiduciary-Status Statement
Our role: a directed, non-discretionary custodian that is not a fiduciary, adviser, or broker-dealer.
1. Directed, non-discretionary custodian
Institutional Trust Company acts, or upon charter will act, solely as a directed, non-discretionary custodian. It holds assets and processes transactions only on the direction of the Account Holder or an Authorized Representative and exercises no investment discretion.
2. Not an ERISA fiduciary
With respect to any account or investment decision, Institutional Trust Company and Investor Services do not act as fiduciaries under the Employee Retirement Income Security Act of 1974, as amended (“ERISA”), including ERISA § 3(21) (investment advice or discretion) or § 3(38) (investment manager). We do not render investment advice for a fee within the meaning of ERISA or the Code, and no communication on the Services or in the account relationship is intended to be, or should be relied upon as, fiduciary investment advice.
3. Not an investment adviser or broker-dealer
We are not registered as, and do not act as, an investment adviser under the Investment Advisers Act of 1940 or state law, or as a broker-dealer under the Securities Exchange Act of 1934. We do not make recommendations, provide suitability determinations, or effect securities transactions as a broker.
4. No due diligence, selection, or endorsement
We do not investigate, evaluate, select, recommend, approve, sponsor, or endorse any investment, sponsor, issuer, adviser, dealer, platform, or service provider. The availability of an investment or service through an Account is not an endorsement, recommendation, or determination that it is suitable, prudent, lawful, or appropriate for any person, account, or retirement plan.
5. Employer-plan accounts
For employer-sponsored plans (for example, a Solo 401(k), SEP, or SIMPLE), the plan sponsor and named fiduciary are responsible for plan administration, compliance, and fiduciary duties under ERISA and the Code, including selection and monitoring of investments and service providers. We serve only in a directed-custodial or administrative capacity as agreed.
6. Prohibited transactions are your responsibility
The Account Holder (and, for a plan, the responsible plan fiduciary) is solely responsible for ensuring that investments and transactions are not prohibited transactions under ERISA § 406 or Code § 4975 and do not involve a disqualified person or party in interest. We do not monitor for prohibited transactions.
7. No reliance
You should not rely on us for investment, legal, tax, accounting, or fiduciary advice. Consult your own qualified advisers, and, for plan matters, ERISA counsel, before acting.
Educational only. This page is general information, not individualized investment, legal, or tax advice. Rules depend on your account type, transaction, tax year, and circumstances — consult a qualified professional.