SUMMIT LINK LLC
FinCEN MSB Registration No. 31000325254640
EIN: 41-5002026 | Colorado Entity ID: 20261329208
1837 Austin Bluffs Pkwy # 200, Colorado Springs, Colorado 80918
COMPREHENSIVE CLIENT DISCLAIMER,
RISK DISCLOSURE STATEMENT,
AND CLIENT CONSENT AGREEMENT
For Foreign Exchange, Money Transmission,
Currency Exchange, and Trade Services
Document Version: 1.0
Effective Date: July 15, 2026
CONFIDENTIAL — FOR CLIENT USE ONLY
TABLE OF CONTENTS
PART I: INTRODUCTION AND GENERAL PROVISIONS
1. Purpose and Scope of This Agreement
This Comprehensive Client Disclaimer, Risk Disclosure Statement, and Client Consent Agreement (hereinafter referred to as the “Agreement”) is entered into between Summit Link LLC, a limited liability company duly organized and existing under the laws of the State of Colorado, United States of America, with its principal place of business at 1837 Austin Bluffs Pkwy # 200, Colorado Springs, Colorado 80918 (hereinafter referred to as the “Company,” “Summit Link,” “we,” “us,” or “our”), and the individual or entity executing this Agreement (hereinafter referred to as the “Client,” “you,” or “your”).
The purpose of this Agreement is to set forth the comprehensive terms, conditions, disclaimers, risk disclosures, compliance obligations, and consent provisions that govern the Client’s use of the Company’s foreign exchange services, money transmission services, currency exchange services, check cashing services, money order issuance services, and any related trade or financial services (collectively, the “Services”).
This Agreement is designed to ensure full transparency regarding the inherent risks associated with foreign exchange trading and currency exchange transactions, to establish the Client’s obligations with respect to anti-money laundering (“AML”) compliance, source of funds (“SOF”) and source of wealth (“SOW”) documentation requirements, and to document the Client’s informed consent to the terms set forth herein.
By signing this Agreement, the Client acknowledges and confirms that the Client has read, understood, and agrees to be bound by all of the terms and conditions contained herein. The Client further acknowledges that this Agreement constitutes a legally binding contract between the Client and the Company.
2. Company Information and Regulatory Status
2.1 Entity Information
Summit Link LLC is a limited liability company organized under the Colorado Limited Liability Company Act, § 7-80-101 et seq. of the Colorado Revised Statutes, formed on March 20, 2026. The Company is in good standing with the Colorado Secretary of State and has been assigned Colorado Entity Identification Number 20261329208. The Company’s federal Employer Identification Number (EIN) is 41-5002026, as assigned by the Internal Revenue Service on March 20, 2026. The Company’s registered agent is Colorado Registered Agents Inc, located at 1500 N Grant St, Ste R, Denver, Colorado 80203. The management of the Company is vested in its Members.
2.2 FinCEN Registration
Summit Link LLC is registered as a Money Services Business (“MSB”) with the Financial Crimes Enforcement Network (“FinCEN”) of the United States Department of the Treasury. The Company’s MSB Registration Number is 31000325254640. The registration was received by FinCEN on March 20, 2026, with an authorized signature date of March 20, 2026. The Company’s registration type is Initial Registration.
The Company is registered to conduct the following MSB Activities: (a) check cashing, including traveler’s checks and money orders; (b) dealing in foreign exchange; (c) issuance of money orders; (d) money transmission; and (e) sale of money orders.
IMPORTANT: FinCEN does not recommend, approve, or endorse any business that registers as a money services business. Any such claim and similar claims are false and may be part of a scam or attempt to deceive consumers. The Company’s registration with FinCEN does not constitute endorsement, approval, or verification of the Company’s business practices, financial condition, or compliance status by the United States Government or any of its agencies.
2.3 Scope of Operations
The Company is authorized to conduct its MSB activities in all fifty (50) states of the United States, the District of Columbia, all United States territories (including American Samoa, Guam, Northern Mariana Islands, Puerto Rico, U.S. Virgin Islands, and the Federated States of Micronesia, Marshall Islands, and Palau), and in foreign jurisdictions, subject to applicable state licensing requirements and international regulatory requirements. The Company has zero (0) branches at the time of its initial registration.
The Client acknowledges that the Company may be subject to additional state-level licensing, bonding, and regulatory requirements in certain jurisdictions, and that the Company’s ability to provide Services in any particular jurisdiction may be contingent upon the Company’s obtaining and maintaining any required state-level licenses or registrations.
3. Definitions
For the purposes of this Agreement, the following terms shall have the meanings set forth below:
“AML” means Anti-Money Laundering, referring to the set of laws, regulations, and procedures intended to prevent criminals from disguising illegally obtained funds as legitimate income.
“BSA” means the Bank Secrecy Act, the Currency and Foreign Transactions Reporting Act of 1970, as amended, including its implementing regulations codified at 31 CFR Chapter X.
“Beneficial Owner” means each individual who, directly or indirectly, owns twenty-five percent (25%) or more of the equity interests of a legal entity customer, or who has significant responsibility to control, manage, or direct a legal entity customer.
“CTR” means Currency Transaction Report, FinCEN Form 112, which must be filed when a money services business has a cash-in or cash-out currency transaction totaling more than ten thousand United States dollars ($10,000) during one business day for any one person.
“CDD” means Customer Due Diligence, the process by which the Company identifies and verifies the identity of the Client, assesses the risk associated with the Client, and monitors the Client’s transactions.
“EDD” means Enhanced Due Diligence, additional verification measures applied to higher-risk customers, transactions, or relationships.
“Exchange Rate” means the rate at which one currency may be exchanged for another currency, as determined by the Company in its sole discretion.
“FinCEN” means the Financial Crimes Enforcement Network, a bureau of the United States Department of the Treasury.
“KYC” means Know Your Customer, the process of identifying and verifying the identity of a customer.
“MSB” means Money Services Business, as defined in 31 CFR 1010.100(ff).
“OFAC” means the Office of Foreign Assets Control, an agency of the United States Department of the Treasury.
“PEP” means Politically Exposed Person, an individual entrusted with a prominent public function, including their immediate family members and close associates.
“SAR” means Suspicious Activity Report, FinCEN Form 111, which must be filed when a money services business knows, suspects, or has reason to suspect that a transaction is suspicious and involves two thousand United States dollars ($2,000) or more.
“SDN List” means the Specially Designated Nationals and Blocked Persons List maintained by OFAC.
“Services” means all foreign exchange, money transmission, currency exchange, check cashing, money order, and related trade or financial services provided by the Company.
“SOF” means Source of Funds, the origin of the specific funds used in a particular transaction.
“SOW” means Source of Wealth, the origin of the Client’s total accumulated wealth.
“Transaction” means any exchange, transfer, transmission, purchase, sale, or other movement of funds or currency conducted through the Company.
PART II: COMPREHENSIVE RISK DISCLOSURE STATEMENT
4. General Risk Warning
THE CLIENT SHOULD CAREFULLY CONSIDER WHETHER ENGAGING IN FOREIGN EXCHANGE TRANSACTIONS, CURRENCY EXCHANGE SERVICES, OR ANY OTHER SERVICES OFFERED BY THE COMPANY IS APPROPRIATE IN LIGHT OF THE CLIENT’S FINANCIAL CONDITION, INVESTMENT EXPERIENCE, RISK TOLERANCE, AND FINANCIAL OBJECTIVES. FOREIGN EXCHANGE TRADING AND CURRENCY EXCHANGE TRANSACTIONS CARRY A HIGH LEVEL OF RISK AND MAY NOT BE SUITABLE FOR ALL PERSONS. THE CLIENT MAY SUSTAIN A TOTAL LOSS OF FUNDS DEPOSITED WITH OR TRANSMITTED THROUGH THE COMPANY.
The risk of loss in foreign exchange trading and currency exchange transactions can be substantial. The Client should therefore carefully consider whether such trading and transactions are suitable in light of the Client’s circumstances and financial resources. The Client acknowledges and accepts that the Company shall not be liable for any losses, damages, costs, or expenses incurred by the Client as a result of the Client’s trading decisions, currency exchange transactions, or any other use of the Services.
5. Foreign Exchange Market Risks
5.1 Market Volatility Risk
Foreign exchange markets are among the most volatile financial markets in the world. Currency prices can fluctuate rapidly and significantly in response to economic data releases, changes in monetary policy by central banks, geopolitical events, natural disasters, pandemics, changes in trade policies, political instability, armed conflicts, market sentiment, and speculation. These fluctuations can occur without warning and can be extreme in magnitude. The Client acknowledges that currency exchange rates are inherently unpredictable and that past performance is not indicative of future results.
5.2 Liquidity Risk
Liquidity risk refers to the risk that a particular currency or currency pair may become illiquid. During periods of reduced liquidity, the Company may widen its exchange rate spreads, refuse to execute certain transactions, impose quantity limitations, or suspend Services for certain currencies entirely. The Company shall not be liable for any losses incurred as a result of reduced liquidity conditions.
5.3 Interest Rate Risk
Changes in interest rates set by central banks can have a significant impact on currency exchange rates. The Client acknowledges that changes in interest rates, whether anticipated or unanticipated, can result in significant gains or losses on foreign exchange positions and currency exchange transactions.
5.4 Country and Political Risk
The Client acknowledges that currency exchange transactions involve exposure to the economic, political, and regulatory conditions of the countries whose currencies are being exchanged. Country risk factors include changes in government policy, imposition of capital controls, currency devaluations, hyperinflation, imposition of economic sanctions, trade embargoes, civil unrest, armed conflict, and changes in regulatory frameworks. The imposition of economic sanctions by the United States government, the United Nations, the European Union, or other international bodies may restrict or prohibit the Company from executing certain transactions.
5.5 Counterparty Risk
The Client acknowledges that the Company is the Client’s counterparty in all transactions. In the event of insolvency, the Client may lose some or all funds held by the Company. Client funds are not insured by the Federal Deposit Insurance Corporation (FDIC), the Securities Investor Protection Corporation (SIPC), or any other government or private insurance program.
5.6 Operational and Technology Risk
The Services involve electronic systems subject to failure, interruption, or malfunction. The Company shall not be liable for any losses resulting from technology failures except to the extent caused by the Company’s gross negligence or willful misconduct.
5.7 Regulatory and Legal Risk
Changes in applicable laws, regulations, or regulatory interpretations may adversely affect the Company’s ability to provide Services, the terms on which Services are provided, or the legality of certain transactions. The Company shall not be liable for any losses resulting from changes in applicable laws or regulations.
5.8 Settlement and Delivery Risk
Settlement failures may occur due to operational errors, banking system delays, correspondent bank failures, time zone differences, holidays, and force majeure events. The Company shall use commercially reasonable efforts to ensure timely settlement but shall not be liable for delays beyond its reasonable control.
5.9 Currency Conversion Risk
When converting funds from one currency to another, the Client is exposed to the risk that the exchange rate may move adversely between initiation and settlement. The exchange rates quoted by the Company include a spread over the prevailing interbank rate. Rates may differ from those quoted by other financial institutions.
5.10 Fraud and Financial Crime Risk
The financial services industry is a target for identity theft, phishing, social engineering, wire fraud, advance fee fraud, and money laundering schemes. The Client accepts responsibility for maintaining the security and confidentiality of account credentials and personal information.
PART III: CLIENT RESPONSIBILITY AND ASSUMPTION OF RISK
6. Client’s Sole Responsibility for Trading Decisions
THE CLIENT ACKNOWLEDGES AND AGREES THAT ALL TRADING DECISIONS, CURRENCY EXCHANGE DECISIONS, AND TRANSACTION INSTRUCTIONS ARE MADE SOLELY BY THE CLIENT, AT THE CLIENT’S OWN RISK, AND ON THE BASIS OF THE CLIENT’S OWN JUDGMENT AND ANALYSIS. THE COMPANY DOES NOT PROVIDE INVESTMENT ADVICE, TRADING RECOMMENDATIONS, OR FINANCIAL ADVICE OF ANY KIND.
- The Client is solely responsible for all trading decisions, including the selection of currencies, the timing of transactions, the amounts involved, and the determination of whether to proceed with or cancel any transaction.
- Any loss sustained by the Client as a result of any transaction executed through the Company’s Services is the sole responsibility of the Client, regardless of the circumstances giving rise to such loss.
- The Company shall not be liable for any losses, damages, costs, expenses, or liabilities of any kind arising from the Client’s use of the Services, except to the extent directly caused by the Company’s fraud, gross negligence, or willful misconduct.
- The Client has the financial capacity to bear any losses that may result from the Client’s use of the Services, and the Client will not use funds that the Client cannot afford to lose.
- The Client has sufficient knowledge and experience in financial matters to evaluate the risks associated with foreign exchange transactions and currency exchange.
- The Client has not relied upon any representation, warranty, promise, or guarantee made by the Company in deciding to engage in any transaction, other than representations expressly set forth in this Agreement.
7. No Investment Advice
The Company is a money services business that facilitates currency exchange and money transmission services. The Company is not a registered investment adviser, broker-dealer, commodity trading advisor, or financial planner. Any information provided by the Company is for informational purposes only and does not constitute investment advice. The Client is strongly encouraged to seek independent financial, legal, and tax advice.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY, ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, AND ASSIGNS SHALL NOT BE LIABLE TO THE CLIENT FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND ARISING FROM OR RELATED TO THE CLIENT’S USE OF THE SERVICES.
In no event shall the Company’s total aggregate liability exceed the lesser of (a) the total fees paid by the Client during the twelve (12) months preceding the event, or (b) one thousand United States dollars ($1,000). The Company shall not be liable for force majeure events including acts of God, natural disasters, pandemics, wars, terrorism, government actions, sanctions, power failures, cyberattacks, or banking system failures.
9. Indemnification
The Client agrees to indemnify, defend, and hold harmless the Company, its members, managers, officers, employees, agents, affiliates, successors, and assigns from and against any claims, demands, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from: the Client’s use of the Services; any breach of this Agreement; any violation of applicable law; any inaccuracy in information provided by the Client; any third-party claim related to the Client’s use of the Services; and any losses incurred by the Company in connection with legal process related to the Client.
PART IV: SOURCE OF FUNDS AND SOURCE OF WEALTH COMPLIANCE
10. Overview of SOF and SOW Requirements
As a registered Money Services Business, the Company is required under the Bank Secrecy Act, FinCEN regulations, and applicable state laws to implement robust Know Your Customer (KYC) and Customer Due Diligence (CDD) procedures. A critical component is the verification of the Client’s Source of Funds (SOF) and Source of Wealth (SOW). The Client acknowledges that the Company may refuse to process any transaction for which adequate SOF and SOW documentation has not been provided.
11. Source of Funds Requirements
The Client agrees to provide documentary evidence of the Source of Funds for all transactions, including but not limited to:
- Bank statements showing the source and flow of funds (minimum three months)
- Salary slips, employment contracts, or letters of employment
- Tax returns or tax assessment notices for the most recent two fiscal years
- Business financial statements (audited, if available)
- Contracts of sale or settlement statements for property sales
- Investment account statements showing proceeds from investments
- Inheritance documentation, including wills and probate court orders
- Loan agreements and disbursement records
- Gift declarations with donor identification and source of donor’s funds
- Dividend, corporate distribution, or insurance settlement records
- Pension or retirement fund distribution records
- Court judgments, legal settlements, or compensation awards
- Cryptocurrency exchange transaction records, if applicable
- Any other documentation the Company may reasonably request
The Company’s SOF verification is an ongoing obligation. The Company reserves the right to request additional documentation at any time during the business relationship.
12. Source of Wealth Requirements
The Client agrees to provide documentary evidence of the Client’s Source of Wealth, including a detailed narrative statement, employment history, business ownership documentation, investment portfolio statements, real estate records, trust documents, historical tax returns, and records of significant gifts or inheritances. The Company may apply Enhanced Due Diligence (EDD) when risk factors are present, including PEP status, high-risk jurisdictions, inconsistent transaction patterns, or adverse media information.
PART V: ANTI-MONEY LAUNDERING AND COMPLIANCE OBLIGATIONS
13. Company’s AML Program
The Company maintains a comprehensive AML compliance program including: written policies and procedures; a designated compliance officer; ongoing staff training; independent testing; a risk-based Customer Identification Program (CIP) and CDD process; transaction monitoring systems; procedures for filing SARs, CTRs, and other regulatory reports; and record retention procedures.
14. Customer Identification and Verification
For individual Clients, the Company collects and verifies: full legal name, date of birth, residential address, identification number (SSN or foreign equivalent), nationality, contact information, occupation, purpose of relationship, and government-issued photo identification. For entity Clients: full legal name, principal address, entity type, tax identification number, formation documents, beneficial owner identification, and authorization documentation.
15. Transaction Reporting Obligations
The Company files Currency Transaction Reports (CTRs) for cash transactions exceeding $10,000 per person per day. It is a federal criminal offense to structure transactions to evade CTR filing requirements. The Company files Suspicious Activity Reports (SARs) when transactions are suspicious and involve $2,000 or more. The Company is prohibited by federal law from disclosing the existence of a SAR. The Client’s compliance with these requirements may result in transaction delays, fund freezes, or account termination.
16. OFAC Sanctions Compliance
The Company screens all Clients, beneficiaries, and counterparties against the OFAC SDN List and Consolidated Sanctions List. Transactions involving sanctioned parties are blocked and reported to OFAC. There is no de minimis exception. The Client represents and warrants that the Client is not an SDN, is not acting for the benefit of any SDN, and that the Client’s funds do not originate from any comprehensively sanctioned jurisdiction (including Iran, North Korea, Cuba, Syria, and the Crimea, Donetsk, and Luhansk regions of Ukraine) unless authorized by a valid OFAC license.
17. Record Keeping
The Company maintains records of all transactions, customer identification, and compliance documentation for a minimum of five (5) years. The Company may produce Client records to FinCEN, the IRS, OFAC, state authorities, law enforcement, or courts as required by law.
PART VI: CLIENT REPRESENTATIONS, WARRANTIES, AND COVENANTS
18. Client Representations and Warranties
By executing this Agreement, the Client represents and warrants that:
- The Client is of legal age (at least eighteen years old) and has full legal capacity to enter into this Agreement.
- If the Client is an entity, it is duly organized, validly existing, and in good standing, and the person executing this Agreement is duly authorized.
- All information provided is true, accurate, complete, and not misleading.
- The Client’s funds are derived from legitimate sources and do not represent proceeds of criminal activity.
- The Client is not a party to any investigation related to money laundering, terrorist financing, or financial crime.
- The Client is not an SDN and is not acting for the benefit of any SDN.
- The Client will promptly notify the Company of any material change in circumstances.
- The Client will comply with all applicable laws and will not use the Services for any unlawful purpose.
- The Client understands and accepts the risks described in this Agreement.
19. Ongoing Covenants
The Client will cooperate fully with the Company’s KYC, CDD, and EDD procedures; promptly notify the Company of any changes to previously provided information; maintain accurate transaction records; and not engage in any activity that could expose the Company to regulatory, reputational, or legal risk.
PART VII: FEES, EXCHANGE RATES, AND TRANSACTION TERMS
20. Exchange Rates and Pricing
Exchange rates are determined by the Company in its sole discretion. They include a spread over the interbank rate representing the Company’s compensation. Rates may differ from those quoted by other providers. Unless expressly agreed, quotes are indicative and subject to change without notice. The Company reserves the right to reject any transaction if it cannot execute at the quoted rate.
21. Fees and Charges
The Company may charge transaction fees, service fees, wire transfer fees, handling fees, and other fees disclosed at the time of transaction. Third-party fees (e.g., correspondent bank fees) are the Client’s responsibility. The exchange rate spread is separate from transaction fees.
22. Transaction Execution and Settlement
Transactions are subject to compliance review, which may cause delays. The Company is not liable for delays caused by compliance processes, banking systems, correspondent banks, time zones, holidays, or other factors beyond its control.
23. Transaction Cancellation and Refund Policy
Once executed and confirmed, transactions are generally final and cannot be reversed. If a refund is issued, the exchange rate may differ from the original transaction, and the Client may receive a lesser amount.
PART VIII: DATA PROTECTION, PRIVACY, AND CONFIDENTIALITY
24. Collection and Use of Personal Information
The Client consents to the Company’s collection, processing, storage, and use of personal information in connection with the Services and compliance obligations. Information collected may include name, date of birth, address, identification numbers, contact information, financial information, transaction history, SOF and SOW documentation, and other information obtained through due diligence.
25. Purpose of Data Processing
The Company processes personal information for: identity verification and KYC/CDD procedures; risk assessment; transaction processing; AML, sanctions, and tax compliance; fraud prevention; regulatory reporting (CTRs, SARs, OFAC blocking reports); responding to law enforcement and regulatory requests; customer communications; internal records and audits; and protection of the Company’s legal rights.
26. Disclosure of Personal Information
The Company may disclose personal information to FinCEN, the IRS, OFAC, state regulators, law enforcement, and courts as required by law; to correspondent banks and payment processors; to third-party compliance service providers; and to auditors and legal counsel. The Company is prohibited by law from disclosing the existence of SARs.
27. Data Security and Retention
The Company implements reasonable safeguards to protect personal information. No system guarantees complete security. Records are retained for a minimum of five (5) years from the relevant transaction or account termination.
PART IX: ACCOUNT SUSPENSION, TERMINATION, AND FUND HOLDS
28. Company’s Right to Suspend or Terminate
The Company reserves the right to suspend, restrict, or terminate the Client’s account and to hold, freeze, or block funds if: the Client fails to provide adequate KYC, SOF, or SOW documentation; the Company suspects unlawful activity; a sanctions match is identified; a legal process or regulatory directive requires it; the Client breaches this Agreement; the Client provides false information; continued service poses unacceptable risk; or the Company ceases to provide the Services.
29. Effect of Termination
Upon termination, the Company will return remaining funds, less any applicable fees, within a reasonable period subject to compliance review and legal holds. Provisions intended to survive termination shall continue in full force and effect.
PART X: DISPUTE RESOLUTION AND GOVERNING LAW
30. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado, United States of America, without regard to conflict of laws principles. Federal law, including the BSA, USA PATRIOT Act, and OFAC regulations, shall also apply.
31. Dispute Resolution
The parties agree to first attempt informal resolution for thirty (30) days. If unresolved, the dispute shall be submitted to binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, conducted by a single arbitrator in Colorado Springs, Colorado.
THE CLIENT AGREES THAT ANY DISPUTE SHALL BE RESOLVED ON AN INDIVIDUAL BASIS AND NOT AS PART OF A CLASS ACTION, CONSOLIDATED ACTION, OR REPRESENTATIVE ACTION. THE CLIENT WAIVES ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
32. Jurisdiction and Venue
For disputes not subject to arbitration, the parties consent to the exclusive jurisdiction of the federal and state courts in El Paso County, State of Colorado.
PART XI: GENERAL PROVISIONS
33. Entire Agreement
This Agreement constitutes the entire agreement between the parties. No modification shall be effective unless in writing and signed by both parties.
34. Severability
If any provision is held invalid, it shall be modified to the minimum extent necessary, and the remaining provisions shall continue in full force.
35. Waiver
The failure to enforce any provision shall not constitute a waiver of the right to enforce it in the future.
36. Assignment
The Client may not assign this Agreement without the Company’s prior written consent. The Company may assign to any affiliate or successor without the Client’s consent.
37. Notices
All notices shall be in writing and deemed given when delivered personally, sent by certified mail, or sent by recognized courier to the addresses set forth herein.
38. Relationship of the Parties
Nothing herein creates a partnership, joint venture, agency, fiduciary, or employment relationship. The Company is an independent service provider.
39. Language and Amendments
This Agreement is in English. In the event of translation, the English version controls. The Company may amend this Agreement with written notice; continued use constitutes acceptance.
40. Survival
Sections 6, 8, 9, 17, 18, 24–27, 30–32, and any other provisions intended to survive shall survive termination.
PART XII: SPECIFIC TRADE AND EXCHANGE SERVICE RISK DISCLOSURES
41. Money Transmission Risks
Funds transmitted may be delayed or lost due to instruction errors, intermediary bank delays, compliance holds, or other factors. Amounts received may be reduced by intermediary bank fees. Wire transfers are generally irrevocable. International transmissions are subject to laws of both jurisdictions. Exchange rate fluctuations may affect the amount received.
42. Check Cashing Risks
Checks may be returned unpaid due to insufficient funds, stop payment orders, closed accounts, forgery, or alteration. The Client shall be liable for the full face amount plus fees if a check is returned.
43. Money Order Risks
Money orders may be lost, stolen, or altered. The Client is responsible for safeguarding money orders. Replacement may be subject to fees and waiting periods.
44. Foreign Currency Exchange Specific Risks
Exotic currencies may have wider spreads, lower liquidity, and higher costs. Certain currencies may be subject to capital controls. The Company may not provide exchange services for all currencies at all times. Physical currency transactions carry counterfeiting and border declaration risks. The Client is solely responsible for compliance with currency declaration requirements.
45. Tax Consequences
Foreign exchange transactions may have tax implications. The Company does not provide tax advice. The Client is solely responsible for consulting a qualified tax advisor.
PART XIII: SCHEDULES AND APPENDICES
Schedule A: Summary of Key Risks
| Risk Category | Description |
|---|---|
| Market Volatility | Currency prices fluctuate rapidly and unpredictably. Past performance does not guarantee future results. |
| Liquidity | Certain currencies may become illiquid, resulting in wider spreads or inability to complete transactions. |
| Interest Rate | Central bank rate changes can significantly impact exchange rates. |
| Country/Political | Instability, sanctions, capital controls, or armed conflict may adversely affect transactions. |
| Counterparty | The Company is the Client’s counterparty. Client funds are not FDIC or SIPC insured. |
| Operational/Technology | System failures, cyberattacks, or software errors may cause delays or losses. |
| Regulatory/Legal | Changes in laws may restrict, modify, or eliminate certain Services. |
| Settlement/Delivery | Transactions may fail to settle on time due to banking delays or force majeure. |
| Currency Conversion | Adverse exchange rate movements between initiation and completion may result in losses. |
| Fraud/Financial Crime | Identity theft, phishing, and other fraud schemes may target the Client’s account. |
| Tax | Foreign exchange gains and losses may be subject to taxation. The Company does not provide tax advice. |
| Sanctions | Transactions may be blocked, delayed, or refused due to OFAC sanctions requirements. |
Schedule B: SOF Documentation Checklist
| Document Type | Purpose / Notes |
|---|---|
| Bank statements (3+ months) | Shows flow of funds and account balances |
| Salary slips / Employment contracts | Confirms earned income as source |
| Tax returns (2+ years) | Corroborates declared income and assets |
| Business financial statements | Validates business income for entity clients |
| Property sale documents | Evidences proceeds from real estate |
| Investment account statements | Shows investment proceeds and portfolio value |
| Inheritance / Probate documentation | Confirms receipt of inherited funds |
| Loan agreements & disbursement records | Documents borrowed funds |
| Gift declarations with donor details | Validates source of gifted funds |
| Dividend / Distribution confirmations | Confirms corporate/investment income |
| Insurance settlement documentation | Evidences insurance proceeds |
| Pension / Retirement fund records | Confirms retirement benefit income |
| Court judgments / Legal settlements | Documents litigation or compensation proceeds |
| Cryptocurrency exchange records | Traces digital asset origins (if applicable) |
Schedule C: Reporting Thresholds
| Report Type | Threshold | Filing Requirement |
|---|---|---|
| Currency Transaction Report (CTR) | $10,000+ in cash per person per day | FinCEN Form 112; filed within 15 days |
| Suspicious Activity Report (SAR) | $2,000+ if suspicious | FinCEN Form 111; filed within 30 days |
| OFAC Blocking Report | Any amount (no de minimis) | Filed within 10 business days with OFAC |
| FinCEN MSB Registration | N/A | FinCEN Form 107; renew every 2 years |
PART XIV: ELECTRONIC COMMUNICATIONS AND CONSENT
46. Consent to Electronic Communications
The Client consents to receive all communications electronically. Electronic communications shall have the same legal force as paper.
47. Electronic Signatures
The Client’s electronic signature shall be legally binding and shall have the same force and effect as a handwritten signature.
48. Recording of Communications
The Client consents to the Company’s recording and monitoring of communications for compliance, quality assurance, training, and dispute resolution purposes.
PART XV: CLIENT CONSENT AND ACKNOWLEDGMENT
49. Client’s Acknowledgment and Consent
BY EXECUTING THIS AGREEMENT, THE CLIENT ACKNOWLEDGES, REPRESENTS, AND AGREES TO THE FOLLOWING:
- I have read this entire Agreement and I understand the terms, conditions, risks, and obligations described herein.
- I understand that foreign exchange trading and currency exchange transactions carry a high level of risk, including the risk of total loss of funds, and that trading losses are my sole responsibility.
- I understand that the Company does not provide investment advice, trading recommendations, or financial advice of any kind, and that all trading decisions are made solely by me at my own risk.
- I understand and accept that all money accepted by the Company is subject to compliance verification, including verification of my Source of Funds and Source of Wealth.
- I have provided, or will provide upon request, accurate and complete Source of Funds and Source of Wealth documentation.
- I understand that the Company is required to comply with all applicable AML laws, sanctions laws, and regulatory requirements, and that the Company may report my transactions to government agencies, block my funds, or terminate my account.
- I understand and accept the limitation of liability provisions set forth in this Agreement.
- I agree to indemnify and hold harmless the Company from any claims arising from my use of the Services or breach of this Agreement.
- I agree to the dispute resolution provisions, including binding arbitration and the waiver of class action rights.
- I consent to the Company’s collection, processing, storage, disclosure, and use of my personal information as described herein.
- I consent to the Company’s recording and monitoring of communications.
- I have been advised to seek independent legal, financial, and tax advice and have either obtained such advice or voluntarily chosen not to do so.
- I am executing this Agreement voluntarily, without coercion, duress, or undue influence.
50. Execution
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date set forth below.
CLIENT:
Print Name of Client (Individual or Entity)
Signature of Client (or Authorized Representative)
Title (if signing on behalf of an entity)
Date
Email Address
Telephone Number
SUMMIT LINK LLC:
Print Name of Authorized Signatory
Signature of Authorized Signatory
Title
Date
END OF AGREEMENT
Summit Link LLC — 1837 Austin Bluffs Pkwy # 200, Colorado Springs, CO 80918
FinCEN MSB: 31000325254640 | EIN: 41-5002026 | CO Entity ID: 20261329208