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 进行中的实际案例：这个官司有得打吗？ |
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kangaroo338
头衔: 海归上尉
性别:  年龄: -962
加入时间: 2006/04/30
文章: 27
来自: australia
海归分: 7087
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作者：kangaroo338 在 海归商务 发贴, 来自【海归网】 http://www.haiguinet.com
本人从2000年开始投资与美国NASDAQ指数，当时投入约A$200，0000
以当时的汇率1A$=U$0．55来算约U$110，000，经过九一一事件一度下降到只有U$25，000后来又一度升至U$90，000以上，现在约U$72，000，由于在股市投资招到挫败，本人转而投资澳洲房地产，获得了成功，现资产规模约为A$18M。
美股方面，由于我不需用这一笔钱，故打算放它个十年八年的，或许能转败为胜。可是，当我于本月26日登入本人在TD Ameritrade的帐号时瞪时傻了眼，我持有的所有股票都被清仓了。急忙打电话去问，其客户服务部门说是因为我未提供给他们ACCOUNT UP DATE 的文件。可是我明明有寄这些文件给他们的呀！事情是这样的，去年12月我收到TD Ameritrade的email其内容如下：
Date: 12/13/2005
RE: Account ending in 6783
FINAL NOTICE
Dear Valued Client,
We previously contacted you regarding your Ameritrade® account and requested that you send us some important documentation that is expiring or may not be an original copy.
This is the final notice -- it is important that you take action now to keep your Ameritrade account in good standing.
Please complete and mail to us the following documents:
-IRS Form W-8BEN. Please submit a separate W-8BEN for each account owner. If this is a trust account, submit a separate one for the trust and one for each trustee. We cannot accept faxed or e-mailed copies. Click here to download this form.
-Form W-8BEN Supplemental Information. Please submit a separate form for each account owner. If this is a trust account, submit a separate one for the trust and one for each trustee. Click here to download this form..
-A copy of a current passport for each account owner, authorized agent or trustee.
-A letter of explanation. If you have a U.S. mailing address, please include a letter explaining why you have a U.S. mailing address and who resides at that address. The letter should be signed and dated by all account owners, authorized agents or trustees for this account.
Please be sure to include your account number on all of the above and mail overnight to:
Ameritrade
1005 North Ameritrade Place
Bellevue, NE 68005
Please note: If we do not receive the paperwork by December 31, 2005 and
-your account does not have a U.S. mailing address: Ameritrade will retroactively apply the default Non-Resident Alien (NRA) withholding rate of 30% to dividends and interest received during 2005. Any retroactive withholding that has taken place on your account will be forwarded to the U.S. government, and Ameritrade will not be able to reverse the withholding.
-your account does have a U.S. mailing address: Ameritrade will retroactively apply 28% backup withholding on all gross proceeds, dividends and interest realized during 2005. Any retroactive withholding that has taken place on your account will be forwarded to the U.S. government, and Ameritrade will not be able to reverse the withholding.
Regardless of your address, if your paperwork is not received, on January 3, 2006, all dividends, interest and sales proceeds will be subject to 28% backup withholding (in addition to the retroactive withholding) and your account will be treated as a U.S. taxpayer account until these documents are received.
If you have any questions, or you don't have your account number, please contact an Ameritrade representative at 402-970-5805. We're available 24 hours a day, seven days a week (excluding market holidays). If you'd rather send us an e-mail, please do so once you've logged on to your account and selected "Contact Us" at the bottom of the home page. (For security reasons, we only provide account information via e-mail when your inquiry is sent from our secure Web site.)
Thank you in advance for your time and cooperation. If you have already submitted the requested documents and resolved this matter, please disregard this e-mail. We appreciate your business and look forward to serving you for years to come.
Sincerely,
Bryce Engel
Chief Brokerage Operations Officer
Ameritrade
当时我知道此事的重要性，所以立即将其所需的文件用挂号信寄给他们。还在一周后打电话跟其确认他们已经收到有关的文件。
后来在一月和二月他们又给我来信索取其他更多文件。两封信内容一样：
Dear XXXXXXXXX,
Thank you for choosing Ameritrade.
To make sure you can continue enjoying all the benefits of your account for XXXXXXXX International Trading PTY LTD, we'll need you to send the following missing information to help us finish your account update:
- Specialty Account Application
- Foreign Entity Declaration form
- Foreign Entity Account Addendum
- Secretary's Certificate Regarding Corporate Resolution if the entity is a corporation
- Trading Authorization for Limited Liability Company if the entity is a Limited Liability Company
- Copy of the passports of all Authorized parties for the entity. We received a copy of your passport; if there are any other authorized parties for the entity we will need a copy of their passport.
- Certified Copy of the Articles of Incorporation
Send this information to my attention by mail to PO Box 2760, Omaha, NE 68103. If you have questions, call me at 800-858-0387, ext. 7841. I am available Monday through Friday, 9 a.m. to 5:30 p.m., ET. If I am unavailable and you need to speak with someone immediately, please call our New Accounts department at 402-970-5805.
We appreciate your help with this and look forward to serving your account.
Sincerely,
Willie Vaughan
New Accounts
Ameritrade
Ameritrade, Division of Ameritrade, Inc., member NASD/SIPC. Ameritrade and Ameritrade logos are trademarks or registered trademarks of Ameritrade IP Company, Inc. ) 2003 Ameritrade IP Company, Inc. All rights reserved. Used with permission.
ATI 3015 E-M 11/03
由于其只是要求添加材料，并且没有时间限制，刚好本人又连续出差。因此未立即办理。
此事发生后我向其Compliance Department申诉，他们给我回了一封语气非常粗暴的信：
XXXXXXXXXX INTERNATIONAL TRADING:
For the past several months TD AMERITRADE attempted to obtain required documentation for your account. In January and February, email correspondence was sent to you from New Accounts requesting the documents. In addition, a physical letter from Compliance was mailed to you in March 2006, stating this documentation is a regulatory requirement and in not fulfilling the requirement, TD AMERITRADE Inc. may liquidate positions to begin the account closure process on April 28, 2006.
Because we don?t intend to change our decision to end this business relationship, upon settlement, the proceeds remaining in your account will be sent to the address we have on file for you. And while we ask that you do not open a new TD AMERITRADE account in the future, we do wish you success in your future investment endeavors.
Sincerely,
Corporate Compliance
TD AMERITRADE
以下是我的回信：
Dear Sir,
I disagree the reasons provided in your email.
Firstly, I never received a physical letter from Compliance supposed to be mailed to me in March 2006.
Secondly, the two emails you sent to me in January and February did not state any time limits for the submission of documents, and the consequences of providing the documents late.
As an internet trading company, your major communication to your clients is through email. It is your wrong-doing for not notifying or warning me through email of such an important matter, or before you proceeded in liquidating my account. Therefore, I ask that you reinstate my account back to its original position.
I will then provide the documents you require as soon as possible.
Regards,
XXX XXX XXX
XXXXXX XXXX INTERNATIONAL TRADING
这就是这件事情到目前为止的状态。从其Compliance拒绝往来的粗暴态度来看，我想此事大约不会有转机。我认为TD AMERITRADE在这件事上未尽其充份告知的义务。特别是其未用email警告。而email是其与客户交流的主要方式。因此我想是否可以采取法律行动？请各位熟悉美国法律的大侠给我出出主意。
作者：kangaroo338 在 海归商务 发贴, 来自【海归网】 http://www.haiguinet.com
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 进行中的实际案例：这个官司有得打吗？ -- kangaroo338 - (7320 Byte) 2006-5-28 周日, 13:17 (1492 reads)
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