AML Program. Pursuant to section 352 of the USA PATRIOT ACT, JNLD agrees to implement and operate an "AML" Program on behalf of the Trust (the "Trust AML Program") as such Program pertains to shareholder transactions effected through services provided by JNLD. JNLD agrees that the Trust AML Program will be reasonably designed to prevent the Trust from being used for money laundering or the financing of terrorist activities and to achieve and monitor compliance with the applicable requirements of the Bank Secrecy Act (31 U.S.C. xx.xx. 5311 et seq.) and the implementing regulations of the Department of Treasury. JNLD represents that in addition to its obligations to the Trust pursuant to this Agreement it has established and will maintain a written AML Program as required by NASD Conduct Rule 3011.
AML Program. The Trust is required pursuant to section 352 of the USA PATRIOT ACT and regulations of the Department of Treasury thereunder to develop and implement an anti-money laundering compliance program (“AML Program”) reasonably designed to prevent the Trust being used to launder money or finance terrorist activities, including achieving and monitoring compliance with the applicable requirements of the Bank Secrecy Act, as amended, and implementing regulations of the Department of Treasury. The Trust has no employees and does not itself conduct any operations relating to transactions with shareholders that could be the subject of an AML Program, and conducts such operations solely through its affiliated principal underwriter, JNLD. JNLD is itself subject to the requirement under section 352 of the USA PATRIOT ACT to develop and implement an AML Program, and JNLD has provided copies of its written policy to the Trust. JNLD agrees to implement and operate an AML Program on behalf of the Trust (the “Trust AML Program”) as such Program pertains to shareholder transactions effected through services provided by JNLD. JNLD agrees that the Trust AML Program will be reasonably designed to prevent the Trust from being used for money laundering or the financing of terrorist activities and to achieve and monitor compliance with the applicable requirements of the Bank Secrecy Act (31 U.S.C. §§ 5311 et seq.) and the implementing regulations of the Department of Treasury, including a Customer Identification Program. JNLD represents that in addition to its obligations to the Trust pursuant to this Agreement it has established and will maintain a written AML Program as required by FINRA Conduct Rule 3310. JNLD agrees to maintain and preserve reasonable records pertaining to the implementation and operation of the Trust AML Program. JNLD consents, upon reasonable notice, (a) to make information and records regarding the operation of the Trust AML Program available to the SEC for review and (b) to make the Trust AML Program available for inspection by the SEC and to any other regulatory agency with jurisdiction over such programs.
AML Program. Broker has established and shall maintain a written Anti-Money Laundering Program, approved by Xxxxxx’s senior management, to implement the “Anti-Money Laundering (AML) Program and Suspicious Activity Report (SAR) Filing Requirements for Residential Mortgage Lenders and Originators” to implement the Bank Secrecy Act, including the Red Flags Rule to detect, prevent, and mitigate Identity Theft, as required by the Department of Treasury Financial Crimes Enforcement Network (“FinCEN”), 31 CFR Parts 1010 and 1029. Such AML Program shall include policies, procedures and internal controls as to each of the following: (i) SAR Reporting; (ii) designation of an AML compliance officer responsible for implementing and monitoring the AML Program; (iii) ongoing training; and (iv) independent testing.
AML Program. The Transfer Agent agrees to (i) maintain an anti-money laundering program in compliance with applicable laws and regulations; and (ii) with respect to the beneficial ownership of shares in the Trust for which the Transfer Agent maintains the applicable shareholder information, comply with all applicable laws and regulations designed to guard against money laundering activities set out in such program. The Transfer Agent confirms that, as soon as possible following the request from the Trust, the Transfer Agent will supply the Trust with copies of the Transfer Agent’s anti-money laundering policy and procedures, and such other relevant certifications and representations regarding such policy and procedures as the Trust may reasonably request from time to time.
AML Program. JNLD agrees to implement and operate an AML Program on behalf of the Trust (“Trust AML Program”) as such Program pertains to shareholder transations effected through services provided by JNLD. JNLD agrees that the Trust AML Program will be reasonably designed to prevent the Trust from being used for money laundering or the financing of terrorist activities and to achieve and monitor compliance with the applicable requirements of the Bank Secrecy Act and the implementing regulations of the Department of Treasury, including a Customer Identification Program. JNLD represents that in addition to its obligations to the Trust pursuant to this Agreement it has established and will maintain a written AML Program as required by FINRA Conduct Rule 3011.
AML Program. Curian Clearing agrees to implement and operate an AML Program. Curian Clearing agrees that the Trust AML Program will be reasonably designed to prevent the Trust from being used for money laundering or the financing of terrorist activities and to achieve and monitor compliance with the applicable requirements of the Bank Secrecy Act (31 U.S.C. §§ 5311 et seq.) and the implementing regulations of the Department of Treasury, including a Customer Identification Program. Curian Clearing represents that in addition to its obligations to the Trust pursuant to this Agreement it has established and will maintain a written AML Program as required by FINRA Conduct Rule 3011.
AML Program. (a) The Trust hereby appoints Atlantic TA as its agent as contemplated by 31 USC 5318 and Treasury Rules adopted pursuant to such law and delegates to Atlantic TA as its agent certain responsibilities required under the AML Program as further set out in the AML Program and as described below. Atlantic TA hereby accepts such appointment and delegation.
(b) In connection with such appointment, Atlantic TA represents and warrants to the Trust Atlantic TA has adopted and implemented written policies and procedures ("AML Policies and Procedures") reasonably designed to carry out the responsibilities delegated to Atlantic TA by the Trust under the Trust's AML Program, which procedures include:
(i) verification of the identity of persons purchasing Shares of the Trust or otherwise becoming Shareholders of the Trust;
(ii) screening Shareholders before, or immediately following, the time when each becomes a Shareholder and regularly thereafter, against lists provided by the Office of Foreign Assets Control ("OFAC") or other regulators as requested by the Financial Crimes Enforcement Network ("FinCEN");
(iii) monitoring, and reporting to the Trust's Anti-Money Laundering Compliance Officer ("AMLCO"), any receipts on behalf of the Trust of more than $10,000 in currency (as defined by Treasury Rule 1010.100(m)), whether received in a single transaction or in a series of related transactions;
(iv) documenting receipts of funds of $3,000 or more;
(v) identifying correspondent accounts and applications subject to the due diligence requirements of Section 312 of the Patriot Act and prompt reporting of such identification to the AMLCO;
(vi) monitoring for any suspicious activity indicating the possibility of money laundering, financing of terrorist activities or criminal activities being conducted through the Trust;
(vii) maintaining the confidentiality of all information obtained, reviewed, developed and reported under the AML Policies and Procedures;
(viii) training all employees in complying with the AML Policies and Procedures; and
(ix) maintaining books and records with respect to all of the above.
AML Program. ALPS agrees to (i) maintain an anti-money laundering program in compliance with applicable laws and regulations; and (ii) with respect to the beneficial ownership of shares in the Fund for which ALPS maintains the applicable shareholder information, comply with all applicable laws and regulations designed to guard against money laundering activities set out in such program. ALPS confirms that, as soon as possible, following the request from the Fund, ALPS will supply the Fund with copies of ALPS' anti-money laundering policy and procedures, and such other relevant certifications and representations regarding such policy and procedures as the Fund may reasonably request from time to time.
AML Program. PEATS and Custodian agree to cooperate in establishing, implementing, and maintaining an AML compliance program with respect to all Custodian PEATS Customers (the “AML Program”). PEATS and Custodian agree that such AML Program shall include at least the following:
(i) a compliance program that satisfies FINRA Rule 3310 and all applicable U.S. anti-money laundering laws and regulations, which includes, without limitation:
(1) reasonably designed policies, procedures, and internal controls to achieve compliance with the Bank Secrecy Act (“BSA”) and its implementing regulations;
(2) a written Customer Identification Program (“CIP”) that complies with applicable law and regulations and includes procedures for: (A) obtaining Customer Identifying Information from each customer prior to account opening; (B) verifying the identity of each customer, to the extent reasonable and practicable, within a reasonable time before or after account opening; (C) making and maintaining a record of obtained information relating to identity verification; (D) determining, within a reasonable time after account opening or earlier, whether a customer appears on any list of known or suspected terrorist organizations designated by the U.S. Department of Treasury; and (E) providing each customer with adequate notice, prior to opening an account, that information is being requested to verify the customer’s identity; and
(3) policies, procedures, and internal controls that comply with applicable anti-money laundering laws, including, without limitation, Rule 17a-8 under the Exchange Act.
(ii) Custodian and PEATS agrees to cooperate to satisfy anti-money laundering requirements related to Custodial Services and related services to Custodian PEATS Customers, including but not limited to, by:
(1) providing PEATS, upon request and where permissible, with information possessed by Custodian that PEATS requires in order to file required reports;
(2) providing prompt notice to PEATS of any circumstances requiring Custodian to terminate a Custodial Account due to anti-money laundering reasons;
(3) providing, as agreed to by the parties, PEATS access to certain AML tools, new account forms and templates, which may assist PEATS in meeting its anti-money laundering obligations;
(4) submitting an annual notice to FinCEN concerning voluntary information sharing and complying with all requirements concerning the confidentiality of shared information, as permissible under Applicable Rules;
(5) conducti...
AML Program. The Trust is required pursuant to section 352 of the USA PATRIOT ACT and regulations of the Department of Treasury thereunder to develop and implement an anti-money laundering compliance program (“AML Program”) reasonably designed to prevent the Trust being used to launder money or finance terrorist activities, including achieving and monitoring compliance with the applicable requirements of the Bank Secrecy Act, as amended, and implementing regulations of the Department of Treasury.
