AML Services. The Trust hereby delegates to the Distributor, and the Distributor accepts delegation of, the performance, on behalf of the Trust, of those anti-money laundering services (the “AML Services”) set forth in Schedule A concerning shareholder accounts that are maintained pursuant to omnibus account relationships between the Distributor and Sub-Distributors pursuant to certain Dealer Agreements that the Distributor may elect to enter into from time to time. The Distributor agrees to the foregoing delegation and agrees that it will perform the delegated AML Services in accordance with the Trust’s AML Program. In connection therewith, the Distributor agrees to maintain policies and procedures, and related internal controls, that are consistent with the Trust’s AML Program and the requirement that the Trust employ procedures reasonably designed to achieve compliance with applicable anti-money laundering laws, regulations and rules, including the requirement to have policies and procedures that can be reasonably expected to detect and cause the reporting of transactions under the Bank Secrecy Act, as amended by the USA PATRIOT Act of 2001. The Distributor also agrees to keep and maintain on behalf of the Trust all books and records which the Trust and the Distributor is, or may be, required to keep and maintain pursuant to any applicable laws, regulations, and rules, including without limitation Rules 31a-1 and 31a-2 under the 1940 Act, relating to the maintenance of books and records in connection with the AML services to be provided hereunder. The Distributor further agrees that all such books and records shall be the property of the Trust and to make such books and records available for inspection by the Trust or by the Trust’s regulators, including the SEC, at reasonable times and otherwise to keep confidential all books and records and other information relative to the Trust and its shareholders consistent with the requirements of Regulation S-P.
Appears in 4 contracts
Samples: Distribution Agreement (Rydex Dynamic Funds), Distribution Agreement (Rydex Series Funds), Distribution Agreement (Rydex Series Funds)
AML Services. The Trust hereby delegates to the Distributor, and the Distributor accepts delegation of, the performance, on behalf of the Trust, of those anti-money laundering services (the “"AML Services”") set forth in Schedule A concerning shareholder accounts that are maintained pursuant to omnibus account relationships between the Distributor and Sub-Distributors pursuant to certain Dealer Agreements that the Distributor may elect to enter into from time to time. The Distributor agrees to the foregoing delegation and agrees that it will perform the delegated AML Services in accordance with the Trust’s 's AML Program. In connection therewith, the Distributor agrees to maintain policies and procedures, and related internal controls, that are consistent with the Trust’s 's AML Program and the requirement that the Trust employ procedures reasonably designed to achieve compliance with applicable anti-money laundering laws, regulations and rules, including the requirement to have policies and procedures that can be reasonably expected to detect and cause the reporting of transactions under the Bank Secrecy Act, as amended by the USA PATRIOT Act of 2001. The Distributor also agrees to keep and maintain on behalf of the Trust all books and records which the Trust and the Distributor is, or may be, required to keep and maintain pursuant to any applicable laws, regulations, and rules, including without limitation Rules 31a-1 and 31a-2 under the 1940 Act, relating to the maintenance of books and records in connection with the AML services to be provided hereunder. The Distributor further agrees that all such books and records shall be the property of the Trust and to make such books and records available for inspection by the Trust or by the Trust’s 's regulators, including the SEC, at reasonable times and otherwise to keep confidential all books and records and other information relative to the Trust and its shareholders consistent with the requirements of Regulation S-P.
Appears in 2 contracts
Samples: Distribution Agreement (Rydex Series Funds), Distribution Agreement (Rydex Dynamic Funds)
AML Services. (a) The Trust Trusts hereby delegates delegate to the Distributor, and the Distributor accepts delegation of, Transfer Agent the performance, on behalf of the each Trust, of those the anti-money laundering services (the “"AML Services”") set forth in Schedule A concerning C to this Agreement as concerns the shareholder accounts that are maintained by the Transfer Agent pursuant to the Agreement (including direct accounts; accounts maintained through FUND/SERV and Networking; and omnibus account relationships between the Distributor and Sub-Distributors pursuant to certain Dealer Agreements that the Distributor may elect to enter into from time to timeaccounts). The Distributor Transfer Agent agrees to the foregoing delegation and agrees that it will to perform the delegated AML Services services in accordance with the Trust’s anti-money laundering program that has been adopted by the Trust (the "AML Program). In connection therewith, the Distributor Transfer Agent agrees to maintain policies and procedures, and related internal controls, that are consistent with the Trust’s Trusts' AML Program and the requirement that the Trust Trusts employ procedures reasonably designed to achieve compliance with the applicable anti-money laundering laws, regulations and ruleslaws (the "Applicable AML Laws"), including the requirement to have policies and procedures that can be reasonably expected to detect and cause the reporting of transactions under Section 5318 of the Bank Secrecy ActAct as required by applicable laws and/or regulations.
(b) The Trusts agree and acknowledge that, as amended by notwithstanding the USA PATRIOT Act of 2001. The Distributor also agrees delegation provided for in the foregoing paragraph, the Trusts maintain full responsibility for ensuring that its AML Program is, and shall continue to keep and maintain on behalf be, reasonably designed to ensure compliance with the Applicable AML Laws, in light of the Trust all books particular business of the Trusts, taking into account factors such as its size, location, activities and records which the Trust and the Distributor is, risks or may be, required vulnerabilities to keep and maintain pursuant to any applicable laws, regulations, and rules, including without limitation Rules 31a-1 and 31a-2 under the 1940 Act, relating to the maintenance of books and records in money laundering.
(c) In connection with the AML services to be provided hereunder. The Distributor further agrees foregoing delegation, the Trusts also acknowledge that all such books and records shall be the property performance of the Trust AML Services enumerated in Schedule C involves the exercise of discretion, which in certain circumstances may result in consequences to the Trusts and their shareholders, respectively, (such as in the case of the reporting of suspicious activities and the freezing of shareholder accounts). In this regard, (i) under the circumstances in which the AML Program authorizes the taking of certain actions, the Transfer Agent is granted the discretion to make take any such books action as may be authorized, and records available for inspection consultation with the Trusts shall not be required in connection therewith unless expressly required by the Trust AML Program, and (ii) the Trusts instruct the Transfer Agent that it may rely on any safe harbor from civil liability that may be available to it under Applicable AML Laws for making a disclosure or by the Trust’s regulators, including the SEC, at reasonable times and otherwise to keep confidential all books and records and other information relative to the Trust and its shareholders consistent with the requirements of Regulation S-P.filing a report thereunder.
Appears in 2 contracts
Samples: Transfer Agent and Shareholder Services Agreement (Wm Variable Trust), Transfer Agent and Shareholder Services Agreement (Wm Strategic Asset Management Portfolios)
AML Services. The Trust hereby delegates to the Distributor, and the Distributor accepts delegation of, the performance, on behalf of the Trust, of those anti-money laundering services (the “AML Services”) set forth in Schedule A concerning shareholder accounts that are maintained pursuant to omnibus account relationships between the Distributor and Sub-Distributors pursuant to certain Dealer Agreements that the Distributor may elect to enter into from time to time. The Distributor agrees to the foregoing delegation and agrees that it will perform the delegated AML Services in accordance with the Trust’s AML Program. In connection therewith, the Distributor agrees to maintain policies and procedures, and related internal controls, that are consistent with the Trust’s AML Program and the requirement that the Trust employ procedures reasonably designed to achieve compliance with applicable anti-money laundering laws, regulations and rules, including the requirement to have policies and procedures that can be reasonably expected to detect and cause the reporting of transactions under the Bank Secrecy Act, as amended by the USA PATRIOT Act of 2001. The Distributor also agrees to keep and maintain on behalf of the Trust all books and records which the Trust and the Distributor is, or may be, required to keep and maintain pursuant to any applicable laws, regulations, and rules, including without limitation Rules 31a-1 31a-l and 31a-2 under the 1940 Act, relating to the maintenance of books and records in connection with the AML services to be provided hereunder. The Distributor further agrees that all such books and records shall be the property of the Trust and to make such books and records available for inspection by the Trust or by the Trust’s regulators, including the SEC, at reasonable times and otherwise to keep confidential all books and records and other information relative to the Trust and its shareholders consistent with the requirements of Regulation S-P.
Appears in 1 contract
AML Services. The Trust hereby delegates to the Distributor, and the Distributor accepts delegation of, the performance, on behalf of the Trust, of those anti-money laundering services (the “"AML Services”") set forth in Schedule A concerning shareholder accounts that are maintained pursuant to omnibus account relationships between the Distributor and Sub-Distributors pursuant to certain Dealer Agreements that the Distributor may elect to enter into from time to time. The Distributor agrees to the foregoing delegation and agrees that it will perform the delegated AML Services in accordance with the Trust’s 's AML Program. In connection therewith, the Distributor agrees to maintain policies and procedures, and related internal controls, that are consistent with the Trust’s 's AML Program and the requirement that the Trust employ procedures reasonably designed to achieve compliance with applicable anti-money laundering laws, regulations and rules, including the requirement to have policies and procedures that can be reasonably expected to detect and cause the reporting of transactions under the Bank Secrecy Act, as amended by the USA PATRIOT Act of 2001. The Distributor also agrees to keep and maintain on behalf of the Trust all books and records which the Trust and the Distributor is, or may be, required to keep and maintain pursuant to any applicable laws, regulations, and rules, including without limitation Rules 31a-1 31a-l and 31a-2 under the 1940 Act, relating to the maintenance of books and records in connection with the AML services to be provided hereunder. The Distributor further agrees that all such books and records shall be the property of the Trust and to make such books and records available for inspection by the Trust or by the Trust’s 's regulators, including the SEC, at reasonable times and otherwise to keep confidential all books and records and other information relative to the Trust and its shareholders consistent with the requirements of Regulation S-P.
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