Anti-Money Laundering and Red Flag Identity Theft Prevention Programs. The Trust acknowledges that it has had an opportunity to review, consider and comment upon the written procedures provided by USBFS describing various tools used by USBFS which are designed to promote the detection and reporting of potential money laundering activity and identity theft by monitoring certain aspects of shareholder activity as well as written procedures for verifying a customer’s identity (collectively, the “Procedures”). Further, the Trust and USBFS have each determined that the Procedures, as part of the Trust’s overall Anti-Money Laundering Program and Red Flag Identity Theft Prevention Program, are reasonably designed to: (i) prevent each Fund from being used for money laundering or the financing of terrorist activities; (ii) prevent identity theft; and (iii) achieve compliance with the applicable provisions of the Bank Secrecy Act, Fair and Accurate Credit Transactions Act of 2003 and the USA Patriot Act of 2001 and the implementing regulations thereunder. Based on this determination, the Trust hereby instructs and directs USBFS to implement the Procedures on the Trust’s behalf, as such may be amended or revised from time to time. It is contemplated that these Procedures will be amended from time to time by the parties as additional regulations are adopted and/or regulatory guidance is provided relating to the Trust’s anti-money laundering and identity theft responsibilities. USBFS agrees to provide to the Trust: (a) Prompt written notification of any transaction or combination of transactions that USBFS believes, based on the Procedures, evidence money laundering or identity theft activities in connection with the Trust or any Fund shareholder; (b) Prompt written notification of any customer(s) that USBFS reasonably believes, based upon the Procedures, to be engaged in money laundering or identity theft activities, provided that the Trust agrees not to communicate this information to the customer; (c) Any reports received by USBFS from any government agency or applicable industry self-regulatory organization pertaining to USBFS’ Anti-Money Laundering Program or the Red Flag Identity Theft Prevention Program on behalf of the Trust; (d) Prompt written notification of any action taken in response to anti-money laundering violations or identity theft activity as described in (a), (b) or (c) immediately above; and (e) Certified annual and quarterly reports of its monitoring and customer identification activities pursuant to the Procedures on behalf of the Trust. The Trust hereby directs, and USBFS acknowledges, that USBFS shall (i) permit federal regulators access to such information and records maintained by USBFS and relating to USBFS’ implementation of the Procedures, on behalf of the Trust, as they may request, and (ii) permit such federal regulators to inspect USBFS’ implementation of the Procedures on behalf of the Trust.
Appears in 25 contracts
Samples: Transfer Agent Servicing Agreement (Wilshire Variable Insurance Trust), Transfer Agent Servicing Agreement (FundX Investment Trust), Transfer Agent Servicing Agreement (Savos Investments Trust)
Anti-Money Laundering and Red Flag Identity Theft Prevention Programs. The Trust acknowledges that it has had an opportunity to review, consider and comment upon the written procedures provided by USBFS Fund Services describing various tools used by USBFS Fund Services which are designed to promote the detection and reporting of potential money laundering activity and identity theft by monitoring certain aspects of shareholder activity as well as written procedures for verifying a customer’s identity (collectively, the “Procedures”). Further, the Trust and USBFS Fund Services have each determined that the Procedures, as part of the Trust’s overall Anti-Money Laundering Program and Red Flag Identity Theft Prevention Program, are reasonably designed to: (i) prevent each Fund from being used for money laundering or the financing of terrorist activities; (ii) prevent identity theft; and (iii) achieve compliance with the applicable provisions of the Bank Secrecy Act, Fair and Accurate Credit Transactions Act of 2003 and the USA Patriot Act of 2001 and the implementing regulations thereunder. Based on this determination, the Trust hereby instructs and directs USBFS Fund Services to implement the Procedures on the Trust’s behalf, as such may be amended or revised from time to time. It is contemplated that these Procedures will be amended from time to time by the parties as additional regulations are adopted and/or regulatory guidance is provided relating to the Trust’s anti-money laundering and identity theft responsibilities. USBFS Fund Services agrees to provide to the Trust:
(a) Prompt written notification of any transaction or combination of transactions that USBFS Fund Services believes, based on the Procedures, evidence money laundering or identity theft activities in connection with the Trust or any Fund shareholder;
(b) Prompt written notification of any customer(s) that USBFS Fund Services reasonably believes, based upon the Procedures, to be engaged in money laundering or identity theft activities, provided that the Trust agrees not to communicate this information to the customer;
(c) Any reports received by USBFS Fund Services from any government agency or applicable industry self-regulatory organization pertaining to USBFSFund Services’ Anti-Money Laundering Program or the Red Flag Identity Theft Prevention Program on behalf of the Trust;
(d) Prompt written notification of any action taken in response to anti-money laundering violations or identity theft activity as described in (a), (b) or (c) immediately above; and
(e) Certified annual and quarterly reports of its monitoring and customer identification activities pursuant to the Procedures on behalf of the Trust. The Trust hereby directs, and USBFS Fund Services acknowledges, that USBFS Fund Services shall (i) permit federal regulators access to such information and records maintained by USBFS Funder Services and relating to USBFSFund Services’ implementation of the Procedures, on behalf of the Trust, as they may request, and (ii) permit such federal regulators to inspect USBFSFund Services’ implementation of the Procedures on behalf of the Trust.
Appears in 19 contracts
Samples: Transfer Agent Servicing Agreement (ETF Managers Group Commodity Trust I), Transfer Agent Servicing Agreement (Procure ETF Trust I), Transfer Agent Servicing Agreement (Innovator ETFs Trust II)
Anti-Money Laundering and Red Flag Identity Theft Prevention Programs. The Trust acknowledges that it has had an opportunity to review, review and consider and comment upon the written procedures provided by USBFS USBGFS describing various tools processes used by USBFS USBGFS which are designed to promote the detection and reporting of potential money laundering activity and identity theft by monitoring certain aspects of shareholder activity as well as written procedures for verifying a customer’s identity (collectively, the “Procedures”). Further, the Trust and USBFS have each has determined that the Procedures, as part of the Trust’s overall Antianti-Money Laundering Program money laundering program and Red Flag Identity Theft Prevention Programidentity theft prevention program responsibilities, are reasonably designed toto help: (i) prevent each Fund the Trust from being used for money laundering or the financing of terrorist activities; (ii) prevent identity theft; and (iii) achieve compliance with the applicable provisions of the Bank Secrecy Act, the USA Patriot Act of 2001, the Fair and Accurate Credit Transactions Act of 2003 and the USA Patriot Act of 2001 2003, and the implementing regulations thereunderthereunder (together “AML Rules”). Based on this determination, the Trust hereby instructs and directs USBFS USBGFS to implement the Procedures Procedures, as applicable, on the Trust’s behalf, as such may be amended or revised from time to time. It is contemplated that these Procedures will be amended from time to time by the parties as additional regulations are adopted and/or regulatory guidance is USBGFS and any such amended Procedures will be provided relating to the Trust’s . Should the Trust desire that USBGFS perform services not provided for in the Procedures, such additional services and the associated cost must be specifically detailed in the attached fee schedule. The Trust acknowledges and agrees that although it is directing USBGFS to implement the Procedures on its behalf, USBGFS is implementing the Procedures as a service provider to the Trust and the Trust is and remains ultimately responsible for complying with all applicable laws, rules, and regulations with respect to anti-money laundering, customer identification, identity theft prevention, economic sanctions, and terrorist financing, whether under the AML Rules, or otherwise, such as, the establishment and board adoption of its own formal anti-money laundering program and identity theft responsibilitiesthe designation of its own anti-money laundering officer, as applicable. USBFS The Trust further acknowledges and agrees that certain portions of the Procedures are applicable to provide certain products, entities, structures, or geographies and, accordingly, certain portions of the Procedures may not be implemented with respect to the Trust:
(a) Prompt written notification of any transaction or combination of transactions that USBFS believes. The Trust has had the opportunity to discuss the Procedures with USBGFS, based on the Procedures, evidence money laundering or identity theft activities in connection with and the Trust or any Fund shareholder;
(b) Prompt written notification understands and agrees which portions of any customer(s) that USBFS reasonably believes, based upon the Procedures, to Procedures may not be engaged in money laundering or identity theft activities, provided that the Trust agrees not to communicate this information to the customer;
(c) Any reports received by USBFS from any government agency or applicable industry self-regulatory organization pertaining to USBFS’ Anti-Money Laundering Program or the Red Flag Identity Theft Prevention Program implemented on behalf of the Trust;
(d) Prompt written notification . Without limitation of any action taken in response to the foregoing, USBGFS shall not be responsible for providing anti-money laundering violations or identity theft activity as described in (a), (b) or (c) immediately above; and
(e) Certified annual and quarterly reports of its monitoring and customer identification activities pursuant services with respect to certain intermediary or dealer-controlled customer accounts (i.e., level 0 sub-accounts through the Procedures on behalf of Fund/SERV system operated by the TrustNational Securities Clearing Corporation) and other fund client relationships where there is a sub-transfer agency or similar arrangement between the Trust and the intermediary. The Trust hereby directs, and USBFS USBGFS acknowledges, that USBFS USBGFS shall (i) permit federal regulators access to such information and records maintained by USBFS USBGFS and relating to USBFSUSBGFS’ implementation of the Procedures, on behalf of the Trust, as they may request, and (ii) permit such federal regulators to inspect USBFSUSBGFS’ implementation of the Procedures on behalf of the Trust.
Appears in 18 contracts
Samples: Transfer Agent Servicing Agreement (Tidal Trust III), Transfer Agent Servicing Agreement (Mason Capital Fund Trust), Transfer Agent Servicing Agreement (Mason Capital Fund Trust)
Anti-Money Laundering and Red Flag Identity Theft Prevention Programs. The Trust acknowledges that it has had an opportunity to review, consider and comment upon the written procedures provided by USBFS Fund Services describing various tools used by USBFS Fund Services which are designed to promote the detection and reporting of potential money laundering activity and identity theft by monitoring certain aspects of shareholder activity as well as written procedures for verifying a customer’s identity (collectively, the “Procedures”). Further, the Trust and USBFS have each has determined that the Procedures, as part of the Trust’s overall Antianti-Money Laundering Program money laundering program and the Red Flag Identity Theft Prevention Programprogram, are reasonably designed to: (i) to prevent each Fund the Trust from being used for money laundering or the financing of terrorist activities; (ii) prevent identity theft; activities and (iii) to achieve compliance with the applicable provisions of the Bank Secrecy Act, Fair and Accurate Credit Transactions Act of 2003 and the USA Patriot Act of 2001 and the implementing regulations thereunder. Based on this determination, the Trust hereby instructs and directs USBFS Fund Services to implement the Procedures on the Trust’s behalf, as such may be amended or revised from time to time. It is contemplated that these Procedures will be amended from time to time by the parties as additional regulations are adopted and/or regulatory guidance is provided relating to the Trust’s anti-money laundering and identity theft responsibilities. USBFS agrees to provide to the Trust:.
(a) Prompt written notification of any transaction or combination of transactions that USBFS Fund Services believes, based on the Procedures, evidence money laundering or identity theft activities in connection with the Trust or any Fund shareholdershareholder of the Trust;
(b) Prompt written notification of any customer(s) that USBFS Fund Services reasonably believes, based upon the Procedures, to be engaged in money laundering or identity theft activities, provided that the Trust agrees not to communicate this information to the customer;
(c) Any reports received by USBFS Fund Services from any government agency or applicable industry self-regulatory organization pertaining to USBFSFund Services’ Antianti-Money Laundering Program money laundering monitoring or the Red Flag Identity Theft Prevention Program on behalf of the Trust;
(d) Prompt written notification of any action taken in response to anti-money laundering violations or identity theft activity as described in (a), (b) or (c) immediately above); and
(e) Certified annual and quarterly reports of its monitoring and customer identification activities pursuant to the Procedures on behalf of the Trusteach Fund. The Trust hereby directs, and USBFS Fund Services acknowledges, that USBFS Fund Services shall (i) permit federal regulators access to such information and records maintained by USBFS Fund Services and relating to USBFSFund Services’ implementation of the Procedures, on behalf of the Trust, as they may request, and (ii) permit such federal regulators to inspect USBFSFund Services’ implementation of the Procedures on behalf of the Trust.
Appears in 13 contracts
Samples: Fund Servicing Agreement (360 Funds), Fund Servicing Agreement (Advisor Managed Portfolios), Fund Servicing Agreement (Advisor Managed Portfolios)
Anti-Money Laundering and Red Flag Identity Theft Prevention Programs. The Trust acknowledges that it has had an opportunity to review, consider and comment upon the written procedures provided by USBFS describing various tools used by USBFS which are designed to promote the detection and reporting of potential money laundering activity and identity theft by monitoring certain aspects of shareholder activity as well as written procedures for verifying a customer’s identity (collectively, the “Procedures”). Further, the Trust and USBFS have each has determined that the Procedures, as part of the Trust’s overall Antianti-Money Laundering Program money laundering program and the Red Flag Identity Theft Prevention Programprogram, are reasonably designed to: (i) to prevent each the Fund from being used for money laundering or the financing of terrorist activities; (ii) prevent identity theft; activities and (iii) to achieve compliance with the applicable provisions of the Bank Secrecy Act, Fair and Accurate Credit Transactions Act of 2003 and the USA Patriot Act of 2001 and the implementing regulations thereunder. Based on this determination, the Trust hereby instructs and directs USBFS to implement the Procedures on the Trust’s behalf, as such may be amended or revised from time to time. It is contemplated that these Procedures will be amended from time to time by the parties as additional regulations are adopted and/or regulatory guidance is provided relating to the Trust’s anti-money laundering and identity theft responsibilities. USBFS agrees to provide to the Trust:.
(a) Prompt written notification of any transaction or combination of transactions that USBFS believes, based on the Procedures, evidence money laundering or identity theft activities in connection with the Trust or any Fund shareholdershareholder of the Fund;
(b) Prompt written notification of any customer(s) that USBFS reasonably believes, based upon the Procedures, to be engaged in money laundering or identity theft activities, provided that the Trust agrees not to communicate this information to the customer;
(c) Any reports received by USBFS from any government agency or applicable industry self-regulatory organization pertaining to USBFS’ Anti’s anti-Money Laundering Program money laundering monitoring or the Red Flag Identity Theft Prevention Program on behalf of the Trust;
(d) Prompt written notification of any action taken in response to anti-money laundering violations or identity theft activity as described in (a), (b) or (c) immediately above); and
(e) Certified annual and quarterly reports of its monitoring and customer identification activities pursuant to the Procedures on behalf of the Trust. The Trust hereby directs, and USBFS acknowledges, that USBFS shall (i) permit federal regulators access to such information and records maintained by USBFS and relating to USBFS’ ’s implementation of the Procedures, on behalf of the Trust, as they may request, and (ii) permit such federal regulators to inspect USBFS’ ’s implementation of the Procedures on behalf of the Trust.
Appears in 10 contracts
Samples: Transfer Agent Servicing Agreement (Trust for Professional Managers), Transfer Agent Servicing Agreement (Trust for Professional Managers), Transfer Agent Servicing Agreement (Trust for Professional Managers)
Anti-Money Laundering and Red Flag Identity Theft Prevention Programs. The Trust acknowledges that it has had an opportunity to review, consider and comment upon the written procedures provided by USBFS describing various tools used by USBFS which are designed to promote the detection and reporting of potential money laundering activity and identity theft by monitoring certain aspects of shareholder activity as well as written procedures for verifying a customer’s identity (collectively, the “Procedures”). Further, the Trust and USBFS have each has determined that the Procedures, as part of the Trust’s overall Antianti-Money Laundering Program money laundering program and Red Flag Identity Theft Prevention Programprogram, are reasonably designed to: (i) to prevent each the Fund from being used for money laundering or the financing of terrorist activities; (ii) prevent identity theft; activities and (iii) to achieve compliance with the applicable provisions of the Bank Secrecy Act, Fair and Accurate Credit Transactions Act of 2003 and the USA Patriot Act of 2001 and the implementing regulations thereunder. Based on this determination, the Trust hereby instructs and directs USBFS to implement the Procedures on the Trust’s behalf, as such may be amended or revised from time to time. It is contemplated that these Procedures will be amended from time to time by the parties as additional regulations are adopted and/or regulatory guidance is provided relating to the Trust’s anti-money laundering and identity theft responsibilities. USBFS agrees to provide to the Trust:
(a) A. Prompt written notification of any transaction or combination of transactions that USBFS believes, based on the Procedures, evidence money laundering or identity theft activities in connection with the Trust or any Fund shareholdershareholder of the Fund;
(b) B. Prompt written notification of any customer(s) that USBFS reasonably believes, based upon the Procedures, to be engaged in money laundering or identity theft activities, provided that the Trust agrees not to communicate this information to the customer;
(c) C. Any reports received by USBFS from any government agency or applicable industry self-regulatory organization pertaining to USBFS’ Anti’s anti-Money Laundering Program money laundering monitoring or the Red Flag Identity Theft Prevention Program on behalf of the Trust;
(d) D. Prompt written notification of any action taken in response to anti-money laundering violations or identity theft activity as described in (a), (b) or (c) immediately above); and
(e) E. Certified annual and quarterly reports of its monitoring and customer identification activities pursuant to the Procedures on behalf of the Trust. The Trust hereby directs, and USBFS acknowledges, that USBFS shall (i) permit federal regulators access to such information and records maintained by USBFS and relating to USBFS’ ’s implementation of the Procedures, on behalf of the Trust, as they may request, and (ii) permit such federal regulators to inspect USBFS’ ’s implementation of the Procedures on behalf of the Trust.
Appears in 9 contracts
Samples: Transfer Agent Servicing Agreement (Equinox Funds Trust), Transfer Agent Servicing Agreement (FQF Trust), Transfer Agent Servicing Agreement (Cushing Mutual Funds Trust)
Anti-Money Laundering and Red Flag Identity Theft Prevention Programs. The Trust acknowledges that it has had an opportunity to review, consider and comment upon the written procedures provided by USBFS describing various tools used by USBFS which are designed to promote the detection and reporting of potential money laundering activity and identity theft by monitoring certain aspects of shareholder activity as well as written procedures for verifying a customer’s identity (collectively, the “Procedures”). Further, the Trust and USBFS have each has determined that the Procedures, as part of the Trust’s overall Antianti-Money Laundering Program money laundering program and Red Flag Identity Theft Prevention Programprogram, are reasonably designed to: (i) to prevent each the Fund from being used for money laundering or the financing of terrorist activities; (ii) prevent identity theft; activities and (iii) to achieve compliance with the applicable provisions of the Bank Secrecy Act, Fair and Accurate Credit Transactions Act of 2003 and the USA Patriot Act of 2001 and the implementing regulations thereunder. Based on this determination, the Trust hereby instructs and directs USBFS to implement the Procedures on the Trust’s behalf, as such may be amended or revised from time to time. It is contemplated that these Procedures will be amended from time to time by the parties as additional regulations are adopted and/or regulatory guidance is provided relating to the Trust’s anti-money laundering and identity theft responsibilities. USBFS agrees to provide to the Trust:
(a) Prompt written notification of any transaction or combination of transactions that USBFS believes, based on the Procedures, evidence money laundering or identity theft activities in connection with the Trust or any Fund shareholdershareholder of the Fund;
(b) Prompt written notification of any customer(s) that USBFS reasonably believes, based upon the Procedures, to be engaged in money laundering or identity theft activities, provided that the Trust agrees not to communicate this information to the customer;
(c) Any reports received by USBFS from any government agency or applicable industry self-regulatory organization pertaining to USBFS’ Anti’s anti-Money Laundering Program money laundering monitoring or the Red Flag Identity Theft Prevention Program on behalf of the Trust;
(d) Prompt written notification of any action taken in response to anti-money laundering violations or identity theft activity as described in (a), (b) or (c) immediately above); and
(e) Certified annual and quarterly reports of its monitoring and customer identification activities pursuant to the Procedures on behalf of the Trust. The Trust hereby directs, and USBFS acknowledges, that USBFS shall (i) permit federal regulators access to such information and records maintained by USBFS and relating to USBFS’ ’s implementation of the Procedures, on behalf of the Trust, as they may request, and (ii) permit such federal regulators to inspect USBFS’ ’s implementation of the Procedures on behalf of the Trust.
Appears in 9 contracts
Samples: Transfer Agent Servicing Agreement (Direxion Funds), Transfer Agent Servicing Agreement (Direxion Insurance Trust), Transfer Agent Servicing Agreement (Hennessy SPARX Funds Trust)
Anti-Money Laundering and Red Flag Identity Theft Prevention Programs. The Trust acknowledges that it has had an opportunity to review, consider and comment upon the written procedures provided by USBFS describing various tools used by USBFS which are designed to promote the detection and reporting of potential money laundering activity and identity theft by monitoring certain aspects of shareholder activity as well as written procedures for verifying a customer’s identity (collectively, the “Procedures”). Further, the Trust and USBFS have each has determined that the Procedures, as part of the Trust’s overall Antianti-Money Laundering Program money laundering program and the Red Flag Identity Theft Prevention Programprogram, are reasonably designed to: (i) to prevent each the Fund from being used for money laundering or the financing of terrorist activities; (ii) prevent identity theft; activities and (iii) to achieve compliance with the applicable provisions of the Bank Secrecy Act, Fair and Accurate Credit Transactions Act of 2003 and the USA Patriot Act of 2001 and the implementing regulations thereunder. Based on this determination, the Trust hereby instructs and directs USBFS to implement the Procedures on the Trust’s behalf, as such may be amended or revised from time to time. It is contemplated that these Procedures will be amended from time to time by the parties as additional regulations are adopted and/or regulatory guidance is provided relating to the Trust’s anti-money laundering and identity theft responsibilities. USBFS agrees to provide to the Trust:
(a) Prompt written notification of any transaction or combination of transactions that USBFS believes, based on the Procedures, evidence money laundering or identity theft activities in connection with the Trust or any Fund shareholdershareholder of the Fund;
(b) Prompt written notification of any customer(s) that USBFS reasonably believes, based upon the Procedures, to be engaged in money laundering or identity theft activities, provided that the Trust agrees not to communicate this information to the customer;
(c) Any reports received by USBFS from any government agency or applicable industry self-regulatory organization pertaining to USBFS’ Anti’s anti-Money Laundering Program money laundering monitoring or the Red Flag Identity Theft Prevention Program on behalf of the Trust;
(d) Prompt written notification of any action taken in response to anti-money laundering violations or identity theft activity as described in (a), (b) or (c) immediately above); and
(e) Certified annual and quarterly reports of its monitoring and customer identification activities pursuant to the Procedures on behalf of the Trust. The Trust hereby directs, and USBFS acknowledges, that USBFS shall (i) permit federal regulators access to such information and records maintained by USBFS and relating to USBFS’ ’s implementation of the Procedures, on behalf of the Trust, as they may request, and (ii) permit such federal regulators to inspect USBFS’ ’s implementation of the Procedures on behalf of the Trust.
Appears in 8 contracts
Samples: Transfer Agent Servicing Agreement (Trust for Professional Managers), Transfer Agent Servicing Agreement (Trust for Professional Managers), Transfer Agent Servicing Agreement (Trust for Professional Managers)
Anti-Money Laundering and Red Flag Identity Theft Prevention Programs. The Trust acknowledges that it has had an opportunity to review, consider and comment upon the written procedures provided by USBFS describing various tools used by USBFS which are designed to promote the detection and reporting of potential money laundering activity and identity theft by monitoring certain aspects of shareholder activity as well as written procedures for verifying a customer’s identity (collectively, the “Procedures”). Further, the Trust and USBFS have each has determined that the Procedures, as part of the Trust’s overall Antianti-Money Laundering Program money laundering program and Red Flag Identity Theft Prevention Programprogram, are reasonably designed to: (i) to prevent each the Fund from being used for money laundering or the financing of terrorist activities; (ii) prevent identity theft; activities and (iii) to achieve compliance with the applicable provisions of the Bank Secrecy Act, Fair and Accurate Credit Transactions Act of 2003 and the USA Patriot Act of 2001 and the implementing regulations thereunder. Based on this determination, the Trust hereby instructs and directs USBFS to implement the Procedures on the Trust’s behalf, as such may be amended or revised from time to time. It is contemplated that these Procedures will be amended from time to time by the parties as additional regulations are adopted and/or regulatory guidance is provided relating to the Trust’s anti-money laundering and identity theft responsibilities. USBFS agrees to provide to the Trust:
(a) A. Prompt written notification of any transaction or combination of transactions that USBFS believes, based on the Procedures, evidence money laundering or identity theft activities in connection with the Trust or any Fund shareholdershareholder of the Fund;
(b) B. Prompt written notification of any customer(s) that USBFS reasonably believes, based upon the Procedures, to be engaged in money laundering or identity theft activities, provided that the Trust agrees not to communicate this information to the customer;
(c) C. Any reports received by USBFS from any government agency or applicable industry self-regulatory organization pertaining to USBFS’ Anti’s anti-Money Laundering Program money laundering monitoring or the Red Flag Identity Theft Prevention Program on behalf of the Trust;
(d) D. Prompt written notification of any action taken in response to anti-money laundering violations or identity theft activity as described in (a), (b) or (c) immediately above); and
(e) E. Certified annual and quarterly reports of its monitoring and customer identification activities pursuant to the Procedures on behalf of the Trust. The Trust hereby directs, and USBFS acknowledges, that USBFS shall (i) permit federal regulators access to such information and records maintained by USBFS and relating to USBFS’ ’s implementation of the Procedures, on behalf of the Trust, as they may request, and (ii) permit such federal regulators to inspect USBFS’ ’s implementation of the Procedures on behalf of the Trust.
Appears in 7 contracts
Samples: Transfer Agent Servicing Agreement (USFS Funds Trust), Transfer Agent Servicing Agreement (Cook & Bynum Funds Trust), Transfer Agent Servicing Agreement (Usa Mutuals)
Anti-Money Laundering and Red Flag Identity Theft Prevention Programs. The Trust acknowledges that it has had an opportunity to review, consider and comment upon the written procedures provided by USBFS describing various tools used by USBFS which are designed to promote the detection and reporting of potential money laundering activity and identity theft by monitoring certain aspects of shareholder activity as well as written procedures for verifying a customer’s identity (collectively, the “Procedures”). Further, the Trust and USBFS have each has determined that the Procedures, as part of the Trust’s overall Antianti-Money Laundering Program money laundering program and the Red Flag Identity Theft Prevention Programprogram, are reasonably designed to: (i) to prevent each the Fund from being used for money laundering or the financing of terrorist activities; (ii) prevent identity theft; activities and (iii) to achieve compliance with the applicable provisions of the Bank Secrecy Act, Fair and Accurate Credit Transactions Act of 2003 and the USA Patriot Act of 2001 and the implementing regulations thereunder. Based on this determination, the Trust hereby instructs and directs USBFS to implement the Procedures on the Trust’s behalf, as such may be amended or revised from time to time. It is contemplated that these Procedures will be amended from time to time by the parties as additional regulations are adopted and/or regulatory guidance is provided relating to the Trust’s anti-money laundering and identity theft responsibilities. USBFS agrees to provide to the Trust:.
(a) Prompt written notification of any transaction or combination of transactions that USBFS believes, based on the Procedures, evidence money laundering or identity theft activities in connection with the Trust or any Fund shareholdershareholder of the Fund;
(b) Prompt written notification of any customer(s) that USBFS reasonably believes, based upon the Procedures, to be engaged in money laundering or identity theft activities, provided that the Trust agrees not to communicate this information to the customer;
(c) Any reports received by USBFS from any government agency or applicable industry self-regulatory organization pertaining to USBFS’ Anti’s anti-Money Laundering Program money laundering monitoring or the Red Flag Identity Theft Prevention Program on behalf of the Trust;
(d) Prompt written notification of any action taken in response to anti-money laundering violations or identity theft activity as described in (a), (b) or (c) immediately above); and
(e) Certified annual and quarterly reports of its monitoring and customer identification activities pursuant to the Procedures on behalf of the Trust. The Trust hereby directs, and USBFS acknowledges, that USBFS shall (i) permit federal regulators access to such information and records maintained by USBFS and relating to USBFS’ implementation of the Procedures, on behalf of the Trust, as they may request, and (ii) permit such federal regulators to inspect USBFS’ implementation of the Procedures on behalf of the Trust.
Appears in 7 contracts
Samples: Transfer Agent Servicing Agreement (Trust for Professional Managers), Transfer Agent Servicing Agreement (Trust for Professional Managers), Transfer Agent Servicing Agreement (Trust for Professional Managers)
Anti-Money Laundering and Red Flag Identity Theft Prevention Programs. The Trust acknowledges that it has had an opportunity to review, review and consider and comment upon the written procedures provided by USBFS Fund Services describing various tools processes used by USBFS Fund Services which are designed to promote the detection and reporting of potential money laundering activity and identity theft by monitoring certain aspects of shareholder activity as well as written procedures for verifying a customer’s identity (collectively, the “Procedures”). Further, the Trust and USBFS have each has determined that the Procedures, as part of the Trust’s overall Antianti-Money Laundering Program money laundering program and Red Flag Identity Theft Prevention Programidentity theft prevention program responsibilities, are reasonably designed toto help: (i) prevent each Fund the Trust from being used for money laundering or the financing of terrorist activities; (ii) prevent identity theft; and (iii) achieve compliance with the applicable provisions of the Bank Secrecy Act, the USA Patriot Act of 2001, the Fair and Accurate Credit Transactions Act of 2003 and the USA Patriot Act of 2001 2003, and the implementing regulations thereunderthereunder (together “AML Rules”). Based on this determination, the Trust hereby instructs and directs USBFS Fund Services to implement the Procedures Procedures, as applicable, on the Trust’s behalf, as such may be amended or revised from time to time. It is contemplated that these Procedures will be amended from time to time by the parties as additional regulations are adopted and/or regulatory guidance is Fund Services and any such amended Procedures will be provided relating to the Trust’s . Should the Trust desire that Fund Services perform services not provided for in the Procedures, such additional services and the associated cost must be specifically detailed in the attached fee schedule. The Trust acknowledges and agrees that although it is directing Fund Services to implement the Procedures on its behalf, Fund Services is implementing the Procedures as a service provider to the Trust and the Trust is and remains ultimately responsible for complying with all applicable laws, rules, and regulations with respect to anti-money laundering, customer identification, identity theft prevention, economic sanctions, and terrorist financing, whether under the AML Rules, or otherwise, such as, the establishment and board adoption of its own formal anti-money laundering program and identity theft responsibilitiesthe designation of its own anti-money laundering officer, as applicable. USBFS The Trust further acknowledges and agrees that certain portions of the Procedures are applicable to provide certain products, entities, structures, or geographies and, accordingly, certain portions of the Procedures may not be implemented with respect to the Trust:
(a) Prompt written notification of any transaction or combination of transactions that USBFS believes. The Trust has had the opportunity to discuss the Procedures with Fund Services, based on the Procedures, evidence money laundering or identity theft activities in connection with and the Trust or any Fund shareholder;
(b) Prompt written notification understands and agrees which portions of any customer(s) that USBFS reasonably believes, based upon the Procedures, to Procedures may not be engaged in money laundering or identity theft activities, provided that the Trust agrees not to communicate this information to the customer;
(c) Any reports received by USBFS from any government agency or applicable industry self-regulatory organization pertaining to USBFS’ Anti-Money Laundering Program or the Red Flag Identity Theft Prevention Program implemented on behalf of the Trust;
(d) Prompt written notification . Without limitation of any action taken in response to the foregoing, Fund Services shall not be responsible for providing anti-money laundering violations or identity theft activity as described in (a), (b) or (c) immediately above; and
(e) Certified annual and quarterly reports of its monitoring and customer identification activities pursuant services with respect to certain intermediary or dealer-controlled customer accounts (i.e., level 0 sub-accounts through the Procedures on behalf of Fund/SERV system operated by the TrustNational Securities Clearing Corporation) and other fund client relationships where there is a sub-transfer agency or similar arrangement between the Trust and the intermediary. The Trust hereby directs, and USBFS Fund Services acknowledges, that USBFS Fund Services shall (i) permit federal regulators access to such information and records maintained by USBFS Fund Services and relating to USBFSFund Services’ implementation of the Procedures, on behalf of the Trust, as they may request, and (ii) permit such federal regulators to inspect USBFSFund Services’ implementation of the Procedures on behalf of the Trust.
Appears in 6 contracts
Samples: Transfer Agent Servicing Agreement (TCW Private Asset Income Fund), Transfer Agent Servicing Agreement (Tortoise Capital Series Trust), Transfer Agent Servicing Agreement (Stone Ridge Trust)
Anti-Money Laundering and Red Flag Identity Theft Prevention Programs. The Trust acknowledges that it has had an opportunity to review, consider and comment upon the written procedures provided by USBFS Fund Services describing various tools used by USBFS Fund Services which are designed to promote the detection and reporting of potential money laundering activity and identity theft by monitoring certain aspects of shareholder activity as well as written procedures for verifying a customer’s identity (collectively, the “Procedures”). Further, the Trust and USBFS Fund Services have each determined that the Procedures, as part of the Trust’s overall Anti-Money Laundering Program and Red Flag Identity Theft Prevention Program, are reasonably designed to: (i) prevent each Fund from being used for money laundering or the financing of terrorist activities; (ii) prevent identity theft; and (iii) achieve compliance with the applicable provisions of the Bank Secrecy Act, Fair and Accurate Credit Transactions Act of 2003 and the USA Patriot Act of 2001 and the implementing regulations thereunder. Based on this determination, the Trust hereby instructs and directs USBFS Fund Services to implement the Procedures on the Trust’s behalf, as such may be amended or revised from time to time. It is contemplated that these Procedures will be amended from time to time by the parties as additional regulations are adopted and/or regulatory guidance is provided relating to the Trust’s anti-money laundering and identity theft responsibilities. USBFS Fund Services agrees to provide to the Trust:
(a) Prompt written notification of any transaction or combination of transactions that USBFS Fund Services believes, based on the Procedures, evidence money laundering or identity theft activities in connection with the Trust or any Fund shareholder;
(b) Prompt written notification of any customer(s) that USBFS Fund Services reasonably believes, based upon the Procedures, to be engaged in money laundering or identity theft activities, provided that the Trust agrees not to communicate this information to the customer;
(c) Any reports received by USBFS Fund Services from any government agency or applicable industry self-regulatory organization pertaining to USBFSFund Services’ Anti-Money Laundering Program or the Red Flag Identity Theft Prevention Program on behalf of the Trust;
(d) Prompt written notification of any action taken in response to anti-money laundering violations or identity theft activity as described in (a), (b) or (c) immediately above; and
(e) Certified annual and quarterly reports of its monitoring and customer identification activities pursuant to the Procedures on behalf of the Trust. The Trust hereby directs, and USBFS Fund Services acknowledges, that USBFS Fund Services shall (i) permit federal regulators access to such information and records maintained by USBFS Fund Services and relating to USBFSFund Services’ implementation of the Procedures, on behalf of the Trust, as they may request, and (ii) permit such federal regulators to inspect USBFSFund Services’ implementation of the Procedures on behalf of the Trust.
Appears in 6 contracts
Samples: Transfer Agent Servicing Agreement (Pacific Global ETF Trust), Transfer Agent Servicing Agreement (Pacific Global ETF Trust), Transfer Agent Servicing Agreement (Pacific Global ETF Trust)
Anti-Money Laundering and Red Flag Identity Theft Prevention Programs. The Trust Company acknowledges that it has had an opportunity to review, review and consider and comment upon the written procedures provided by USBFS USBGFS describing various tools used by USBFS USBGFS which are designed to promote the detection and reporting of potential money laundering activity and identity theft by monitoring certain aspects of shareholder activity as well as written procedures for verifying a customer’s identity (collectively, the “Procedures”). Further, the Trust and USBFS have each Company has determined that the Procedures, as part of the TrustCompany’s overall Antianti-Money Laundering Program money laundering program and the Red Flag Identity Theft Prevention Programprogram, are are, as of the effective date of this Agreement, reasonably designed to: (i) to prevent each Fund the Company from being used for money laundering or the financing of terrorist activities; (ii) prevent identity theft; activities and (iii) to achieve compliance with the applicable provisions of the Bank Secrecy Act, Fair and Accurate Credit Transactions Act of 2003 and 2003, the Bank Secrecy Act, the Office of Foreign Assets Control Sanctions Programs, the USA Patriot PATRIOT Act of 2001 (the “Patriot Act”), and the implementing regulations thereunder. Based on this determination, the Trust Company hereby instructs and directs USBFS USBGFS to implement the Procedures on the TrustCompany’s behalf, as such may be amended or revised from time to time. It is contemplated that these The Procedures will be amended from time to time by the parties USBGFS as additional regulations are adopted and/or regulatory guidance is provided relating to the TrustCompany’s anti-money laundering and identity theft responsibilities. USBFS USBGFS represents and warrants to the Company that, throughout the life of this Agreement, the Procedures, as amended from time to time, shall be reasonably designed to prevent the Company from being used for money laundering or the financing of terrorist activities and to achieve compliance with the applicable provisions of the Fair and Accurate Credit Transactions Act of 2003, the Bank Secrecy Act, the Office of Foreign Assets Control Sanctions Programs, the Patriot Act, and the implementing regulations thereunder. The foregoing representation shall not apply to certain intermediary or dealer-controlled customer accounts (i.e., level 0 sub-accounts through the Fund/SERV system operated by the national Securities Clearing Corporation) and other fund client relationships where there is a sub-transfer agency or similar arrangement between the Company and the intermediary. Upon the reasonable request of the Company, USBGFS shall provide to the Company: (a) a copy of USBGFS’s written AML policies and procedures; and (b) a summary of any written assessments or reports prepared by a party performing independent testing of the AML Program for compliance with applicable law and regulations, or a certification that the findings of the independent party are satisfactory. Without limiting its contractual remedies hereunder, the Company acknowledges that the Financial Crime Enforcement Network of the Department of the Treasury has stated that any mutual fund delegating responsibility for aspects of its anti-money laundering program to a third party remains responsible for assuring compliance with applicable anti-money laundering rules and regulations. The Company further acknowledges and agrees that certain portions of the Procedures are applicable to certain products, entities, structures, or geographies and, accordingly, certain portions of the Procedures may not be implemented with respect to the Company. The Company has had the opportunity to discuss the Procedures with USBGFS which are in effect as of the effective date of this Agreement, and the Company understands and agrees which portions of the Procedures may not be implemented on behalf of the Company. Without limitation of the foregoing, USBGFS shall not be responsible for providing anti-money laundering or customer identification services with respect to certain intermediary or dealer-controlled customer accounts (i.e., level 0 sub-accounts through the Fund/SERV system operated by the national Securities Clearing Corporation) and other fund client relationships where there is a sub-transfer agency or similar arrangement between the Company and the intermediary. The services that USBGFS shall perform on behalf of the Company pursuant to the Procedures, which services are described in greater detail in the Procedures, shall include, but are not limited to:
a. Verifying the identity of persons purchasing shares of a Fund or otherwise becoming shareholders of a Fund pursuant to 31 § CFR 1024.220;
b. Verifying the identity of the beneficial owners of a shareholder pursuant to 31 § CFR 1010.230, in the event a shareholder is a “Legal Entity Customer” as defined in such rule;
c. Screening potential shareholders before 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"), promptly notifying the Company of a match to any such list, and assisting the Company in taking appropriate steps to block any transactions as required by applicable law or regulation;
d. Monitoring, and reporting to the Company any receipts on behalf of the Fund of more than $10,000 in currency (as defined by 31 CFR § 1010.100(m)), whether received in a single transaction or in a series of related transactions;
e. Monitoring compliance with the "Travel Rule" (131 CFR 103.33(g));
f. Identifying and conducting appropriate due diligence on correspondent accounts and private banking accounts and related applications subject to the due diligence requirements of Section 312 of the Patriot Act and prompt reporting of such identification to the Company;
g. Monitoring for any suspicious activity indicating the possibility of money laundering, financing of terrorist activities or criminal activities being conducted through the Fund;
h. Comparing account information to any FinCEN request received by the Company and provided to USBGFS pursuant to Section 314(a) of the Patriot Act and providing to the Company documents/information necessary to respond to such requests within required time frames; and
i. Monitoring account activity to detect a pattern, practice, or specific activity or a combination of patterns, practices or specific activities (“Red Flags”) which may indicate the possible existence of a fraud (committed or attempted) using the identifying information of another person without authority (“Identity Theft”) and notifying the Company of any Red Flags which it detects and reasonable determines to indicate a significant risk of Identity Theft. USBGFS agrees to provide to the TrustCompany:
(a) Prompt written notification of any transaction or combination of transactions that USBFS USBGFS believes, based on the Procedures, evidence money laundering or identity theft activities in connection with the Trust Company or any Fund shareholder;
(b) Prompt written notification of any customer(s) that USBFS USBGFS reasonably believes, based upon the Procedures, to be engaged in money laundering or identity theft activities, provided that the Trust Company agrees not to communicate this information to the customer;
(c) Any reports received by USBFS USBGFS from any government agency or applicable industry self-regulatory organization pertaining to USBFSUSBGFS’ Anti-Money Laundering Program or implementation of the Red Flag Identity Theft Prevention Program Procedures on behalf of the TrustCompany;
(d) Prompt written notification of any action taken in response to anti-money laundering violations or identity theft activity as described in (a), (b) or (c) immediately above; and
(e) Certified annual and quarterly reports of its monitoring and customer identification activities pursuant to the Procedures on behalf of the TrustCompany.
(f) A certification to the Company no less frequently than annually, in a form that is mutually acceptable to the Company and USBGFS, that USGBFS has implemented the Procedures on behalf of the Company. The Trust Company hereby directs, and USBFS USBGFS acknowledges, that USBFS USBGFS shall (i) permit federal regulators access to such information and records maintained by USBFS USBGFS and relating to USBFSUSBGFS’ implementation of the Procedures, on behalf of the TrustCompany, as they may request, and (ii) permit such federal regulators to inspect USBFSUSBGFS’ implementation of the Procedures on behalf of the TrustCompany.
Appears in 6 contracts
Samples: Transfer Agent Servicing Agreement (Elfun Trusts), Transfer Agent Servicing Agreement (Elfun Diversified Fund), Transfer Agent Servicing Agreement (Elfun Tax Exempt Income Fund)
Anti-Money Laundering and Red Flag Identity Theft Prevention Programs. The Trust acknowledges Trusts acknowledge that it has they have had an opportunity to review, consider and comment upon the written procedures provided by USBFS describing various tools used by USBFS which are designed to promote the detection and reporting of potential money laundering activity and identity identify theft by monitoring certain aspects of shareholder activity as well as written procedures for verifying a customer’s identity (collectively, the “Procedures”). Further, the Trust and USBFS Trusts have each determined that the Procedures, as part of the Trust’s Trusts’ overall Antianti-Money Laundering Program money laundering program and Red Flag Identity Theft Prevention Programprogram, are reasonably designed to: (i) to prevent each Fund the Funds from being used for money laundering or the financing of terrorist activities; (ii) prevent identity theft; activities and (iii) to achieve compliance with the applicable provisions of the Bank Secrecy Act, Fair and Accurate Credit Transactions Act of 2003 and the USA Patriot Act of 2001 and the implementing regulations thereunder. Based on this determination, the Trust Trusts hereby instructs instruct and directs direct USBFS to implement the Procedures on the Trust’s Trusts’ behalf, as such may be amended or revised from time to time. It is contemplated that these Procedures will be amended from time to time by the parties as additional regulations are adopted and/or regulatory guidance is provided relating to the Trust’s Trusts’ anti-money laundering and identity theft responsibilities. USBFS agrees to provide to the TrustTrusts:
(a) A. Prompt written notification of any transaction or combination of transactions that USBFS believes, based on the Procedures, evidence money laundering or identity theft activities in connection with the Trust Trusts or any Fund shareholdershareholder of the Funds;
(b) B. Prompt written notification of any customer(s) that USBFS reasonably believes, based upon the Procedures, to be engaged in money laundering or identity theft activities, provided that the Trust agrees Trusts agree not to communicate this information to the customer;
(c) C. Any reports received by USBFS from any government agency or applicable industry self-regulatory organization pertaining to USBFS’ Antianti-Money Laundering Program money laundering monitoring or the Red Flag Identity Theft Prevention Program on behalf of the TrustTrusts;
(d) D. Prompt written notification of any action taken in response to anti-money laundering violations or identity theft activity as described in (aA), (bB) or (c) immediately aboveC); and
(e) E. Certified annual and quarterly reports of its monitoring and customer identification activities pursuant to the Procedures on behalf of the TrustTrusts. The Trust Trusts hereby directsdirect, and USBFS acknowledges, that USBFS shall (i) permit federal regulators access to such information and records maintained by USBFS and relating to USBFS’ implementation of the Procedures, on behalf of the TrustTrusts, as they may request, and (ii) permit such federal regulators to inspect USBFS’ implementation of the Procedures on behalf of the TrustTrusts.
Appears in 5 contracts
Samples: Transfer Agent Servicing Agreement (Calamos Advisors Trust/Il), Transfer Agent Servicing Agreement (Calamos Investment Trust/Il), Transfer Agent Servicing Agreement (Calamos Antetokounmpo Sustainable Equities Trust)
Anti-Money Laundering and Red Flag Identity Theft Prevention Programs. The Trust Fund acknowledges that it has had an opportunity to review, consider and comment upon the written procedures provided by USBFS describing various tools used by USBFS which are designed to promote the detection and reporting of potential money laundering activity and identity theft by monitoring certain aspects of shareholder activity as well as written procedures for verifying a customer’s identity (collectively, the “Procedures”). Further, the Trust and USBFS have each Fund has determined that the Procedures, as part of the TrustFund’s overall Antianti-Money Laundering Program money laundering program and Red Flag Identity Theft Prevention Programprogram, are reasonably designed to: (i) to prevent each the Fund from being used for money laundering or the financing of terrorist activities; (ii) prevent identity theft; activities and (iii) to achieve compliance with the applicable provisions of the Bank Secrecy Act, Fair and Accurate Credit Transactions Act of 2003 and the USA Patriot Act of 2001 and the implementing regulations thereunder. Based on this determination, the Trust Fund hereby instructs and directs USBFS to implement the Procedures on the TrustFund’s behalf, as such may be amended or revised from time to time. It is contemplated that these Procedures will be amended from time to time by the parties as additional regulations are adopted and/or regulatory guidance is provided relating to the TrustFund’s anti-money laundering and identity theft responsibilities. USBFS agrees to provide to the TrustFund:
(a) Prompt written notification of any transaction or combination of transactions that USBFS believes, based on the Procedures, evidence money laundering or identity theft activities in connection with the Trust Fund or any Fund shareholdershareholder of the Fund;
(b) Prompt written notification of any customer(s) that USBFS reasonably believes, based upon the Procedures, to be engaged in money laundering or identity theft activities, provided that the Trust Fund agrees not to communicate this information to the customer;
(c) Any reports received by USBFS from any government agency or applicable industry self-regulatory organization pertaining to USBFS’ Antianti-Money Laundering Program money laundering monitoring or the Red Flag Identity Theft Prevention Program on behalf of the TrustFund;
(d) Prompt written notification of any action taken in response to anti-money laundering violations or identity theft activity as described in (a), (b) or (c) immediately above); and
(e) Certified annual and quarterly reports of its monitoring and customer identification activities pursuant to the Procedures on behalf of the TrustFund. The Trust Fund hereby directs, and USBFS acknowledges, that USBFS shall (i) permit federal regulators access to such information and records maintained by USBFS and relating to USBFS’ implementation of the Procedures, on behalf of the TrustFund, as they may request, and (ii) permit such federal regulators to inspect USBFS’ implementation of the Procedures on behalf of the TrustFund.
Appears in 5 contracts
Samples: Transfer Agent Servicing Agreement (City National Rochdale Strategic Credit Fund), Transfer Agent Servicing Agreement (Cushing MLP & Infrastructure Total Return Fund), Transfer Agent Servicing Agreement (City National Rochdale Select Strategies Fund)
Anti-Money Laundering and Red Flag Identity Theft Prevention Programs. A. The Trust acknowledges that it has had an opportunity to review, review and consider and comment upon the written procedures provided by USBFS Fund Services describing various tools processes used by USBFS Fund Services which are designed to promote the detection and reporting of potential money laundering activity and identity theft by monitoring certain aspects of shareholder activity as well as written procedures for verifying a customer’s identity (collectively, the “Procedures”). Further, the Trust and USBFS have each has determined that the Procedures, as part of the Trust’s overall Antianti-Money Laundering Program money laundering program and Red Flag Identity Theft Prevention Programidentity theft prevention program responsibilities, are reasonably designed toto help: (i) prevent each Fund the Trust from being used for money laundering or the financing of terrorist activities; (ii) prevent identity theft; and (iii) achieve compliance with the applicable provisions of the Bank Secrecy Act, the USA Patriot Act of 2001, the Fair and Accurate Credit Transactions Act of 2003 and the USA Patriot Act of 2001 2003, and the implementing regulations thereunder. thereunder (together “AML Rules”).
B. Based on this determination, the Trust hereby instructs and directs USBFS Fund Services to implement the Procedures Procedures, as applicable, on the Trust’s behalf, as such may be amended or revised from time to time. It is contemplated that these Procedures will be amended from time to time by the parties as additional regulations are adopted and/or regulatory guidance is Fund Services and any such amended Procedures will be provided relating to the Trust’s . Should the Trust desire that Fund Services perform services not provided for in the Procedures, such additional services and the associated cost must be specifically detailed in the attached fee schedule.
C. The Trust acknowledges and agrees that although it is directing Fund Services to implement the Procedures on its behalf, Fund Services is implementing the Procedures as a service provider to the Trust and the Trust is and remains ultimately responsible for complying with all applicable laws, rules, and regulations with respect to anti-money laundering, customer identification, identity theft prevention, economic sanctions, and terrorist financing, whether under the AML Rules, or otherwise, such as, the establishment and board adoption of its own formal anti-money laundering program and identity theft responsibilities. USBFS agrees to provide to the Trust:
(a) Prompt written notification designation of any transaction or combination of transactions that USBFS believes, based on the Procedures, evidence money laundering or identity theft activities in connection with the Trust or any Fund shareholder;
(b) Prompt written notification of any customer(s) that USBFS reasonably believes, based upon the Procedures, to be engaged in money laundering or identity theft activities, provided that the Trust agrees not to communicate this information to the customer;
(c) Any reports received by USBFS from any government agency or applicable industry self-regulatory organization pertaining to USBFS’ Anti-Money Laundering Program or the Red Flag Identity Theft Prevention Program on behalf of the Trust;
(d) Prompt written notification of any action taken in response to its own anti-money laundering violations officer, as applicable.
D. The Trust further acknowledges and agrees that certain portions of the Procedures are applicable to certain products, entities, structures, or identity theft activity as described in (a)geographies and, (b) or (c) immediately above; and
(e) Certified annual and quarterly reports accordingly, certain portions of its monitoring and customer identification activities pursuant the Procedures may not be implemented with respect to the Trust. The Trust has had the opportunity to discuss the Procedures with Fund Services, and the Trust understands and agrees which portions of the Procedures may not be implemented on behalf of the Trust. Without limitation of the foregoing, Fund Services shall not be responsible for providing anti-money laundering or customer identification services with respect to certain intermediary or dealer-controlled customer accounts (i.e., level 0 sub-accounts through the Fund/SERV system operated by the National Securities Clearing Corporation) and other fund client relationships where there is a sub-transfer agency or similar arrangement between the Trust and the intermediary.
E. The Trust hereby directs, and USBFS Fund Services acknowledges, that USBFS Fund Services shall (i) permit federal regulators access to such information and records maintained by USBFS Fund Services and relating to USBFSFund Services’ implementation of the Procedures, on behalf of the Trust, as they may request, and (ii) permit such federal regulators to inspect USBFSFund Services’ implementation of the Procedures on behalf of the Trust.
Appears in 5 contracts
Samples: Transfer Agent Servicing Agreement (Amplify Commodity Trust), Transfer Agent Servicing Agreement (Valkyrie Bitcoin Fund), Transfer Agent Servicing Agreement (Valkyrie Bitcoin Fund)
Anti-Money Laundering and Red Flag Identity Theft Prevention Programs. The Trust Fund acknowledges that it has had an opportunity to review, consider and comment upon the written procedures provided by USBFS describing various tools used by USBFS which are designed to promote the detection and reporting of potential money laundering activity and identity theft by monitoring certain aspects of shareholder activity as well as written procedures for verifying a customer’s identity (collectively, the “Procedures”). Further, the Trust Fund and USBFS have each determined that the Procedures, as part of the TrustFund’s overall Antianti-Money Laundering Program money laundering program and Red Flag Identity Theft Prevention Programprogram, are reasonably designed to: (i) prevent each the Fund from being used for money laundering or the financing of terrorist activities; (ii) prevent identity theft; and (iii) to achieve compliance with the applicable provisions of the Bank Secrecy Act, Fair and Accurate Credit Transactions Act of 2003 and the USA Patriot Act of 2001 and the implementing regulations thereunder. Based on this determination, the Trust Fund hereby instructs and directs USBFS to implement the Procedures Procedures, as applicable, on the TrustFund’s behalf, as such may be amended or revised from time to time. It is contemplated that these Procedures will be amended from time to time by the parties as additional regulations are adopted and/or regulatory guidance is USBFS and any such amended Procedures will be provided relating to the Trust’s Fund. Should the Fund desire that USBFS perform services not provided for in the Procedures, such additional services and the associated cost must be specifically detailed in the attached fee schedule. The Fund acknowledges and agrees that although it is directing USBFS to implement the Procedures on its behalf, USBFS is implementing the Procedures as a service provider to the Fund and the Fund is and remains ultimately responsible for complying with all applicable laws, rules, and regulations with respect to anti-money laundering, customer identification, identity theft prevention, economic sanctions, and terrorist financing, whether under the AML Rules, or otherwise, such as, the establishment and board adoption of its own formal anti-money laundering program and identity theft responsibilitiesthe designation of its own anti-money laundering officer, as applicable. USBFS The Fund further acknowledges and agrees that certain portions of the Procedures are applicable to provide certain products, entities, structures, or geographies and, accordingly, certain portions of the Procedures may not be implemented with respect to the Trust:
(a) Prompt written notification Fund. The Fund has had the opportunity to discuss the Procedures with USBFS, and the Fund understands and agrees which portions of any transaction or combination of transactions that USBFS believes, based on the Procedures, evidence money laundering or identity theft activities in connection with the Trust or any Fund shareholder;
(b) Prompt written notification of any customer(s) that USBFS reasonably believes, based upon the Procedures, to Procedures may not be engaged in money laundering or identity theft activities, provided that the Trust agrees not to communicate this information to the customer;
(c) Any reports received by USBFS from any government agency or applicable industry self-regulatory organization pertaining to USBFS’ Anti-Money Laundering Program or the Red Flag Identity Theft Prevention Program implemented on behalf of the Trust;
(d) Prompt written notification Fund. Without limitation of any action taken in response to the foregoing, USBFS shall not be responsible for providing anti-money laundering violations or identity theft activity as described in (a), (b) or (c) immediately above; and
(e) Certified annual and quarterly reports of its monitoring and customer identification activities pursuant services with respect to certain intermediary or dealer-controlled customer accounts (i.e., level 0 sub-accounts through the Procedures on behalf of Fund/SERV system operated by the TrustNational Securities Clearing Corporation) and other fund client relationships where there is a sub-transfer agency or similar arrangement between the Fund and the intermediary. The Trust Fund hereby directs, and USBFS acknowledges, that USBFS shall (i) permit federal regulators access to such information and records maintained by USBFS and relating to USBFS’ implementation of the Procedures, on behalf of the TrustFund, as they may request, and (ii) permit such federal regulators to inspect USBFS’ implementation of the Procedures on behalf of the TrustFund.
Appears in 5 contracts
Samples: Transfer Agent Servicing Agreement (Comvest Credit Partners BDC Fund, L.P.), Transfer Agent Servicing Agreement (Brightwood Capital Corp I), Transfer Agent Servicing Agreement (HPS Corporate Lending Fund)
Anti-Money Laundering and Red Flag Identity Theft Prevention Programs. The Trust Fund acknowledges that it has had an opportunity to review, consider and comment upon the written procedures provided by USBFS describing various tools used by USBFS which are designed to promote the detection and reporting of potential money laundering activity and identity theft by monitoring certain aspects of shareholder activity as well as written procedures for verifying a customer’s identity (collectively, the “Procedures”). Further, the Trust and USBFS have each Fund has determined that the Procedures, as part of the TrustFund’s overall Antianti-Money Laundering Program money laundering program and Red Flag Identity Theft Prevention Programprogram, are reasonably designed to: (i) to prevent each the Fund from being used for money laundering or the financing of terrorist activities; (ii) prevent identity theft; activities and (iii) to achieve compliance with the applicable provisions of the Bank Secrecy Act, Fair and Accurate Credit Transactions Act of 2003 and the USA Patriot Act of 2001 and the implementing regulations thereunder. Based on this determination, the Trust Fund hereby instructs and directs USBFS to implement the Procedures on the TrustFund’s behalf, as such may be amended or revised from time to time. It is contemplated that these Procedures will be amended from time to time by the parties as additional regulations are adopted and/or regulatory guidance is provided relating to the TrustFund’s anti-money laundering and identity theft responsibilities. USBFS agrees to provide to the TrustFund:
(a) Prompt written notification of any transaction or combination of transactions that USBFS believes, based on the Procedures, evidence money laundering or identity theft activities in connection with the Trust Fund or any Fund shareholdershareholder of the Fund;
(b) Prompt written notification of any customer(s) that USBFS reasonably believes, based upon the Procedures, to be engaged in money laundering or identity theft activities, provided that the Trust Fund agrees not to communicate this information to the customer;
(c) Any reports received by USBFS from any government agency or applicable industry self-regulatory organization pertaining to USBFS’ Anti’s anti-Money Laundering Program money laundering monitoring or the Red Flag Identity Theft Prevention Program on behalf of the TrustFund;
(d) Prompt written notification of any action taken in response to anti-money laundering violations or identity theft activity as described in (a), (b) or (c) immediately above); and
(e) Certified annual and quarterly reports of its monitoring and customer identification activities pursuant to the Procedures on behalf of the TrustFund. The Trust Fund hereby directs, and USBFS acknowledges, that USBFS shall (i) permit federal regulators access to such information and records maintained by USBFS and relating to USBFS’ ’s implementation of the Procedures, on behalf of the TrustFund, as they may request, and (ii) permit such federal regulators to inspect USBFS’ ’s implementation of the Procedures on behalf of the TrustFund.
Appears in 4 contracts
Samples: Transfer Agent Servicing Agreement (Cushing Royalty & Income Fund), Transfer Agent Servicing Agreement (Cushing Royalty & Income Fund), Transfer Agent Servicing Agreement (Salient MLP & Energy Infrastructure Fund)
Anti-Money Laundering and Red Flag Identity Theft Prevention Programs. The Trust Fund acknowledges that it has had an opportunity to review, consider and comment upon the written procedures provided by USBFS describing various tools used by USBFS which are designed to promote the detection and reporting of potential money laundering activity and identity theft by monitoring certain aspects of shareholder activity as well as written procedures for verifying a customer’s identity (collectively, the “Procedures”). Further, the Trust Fund and USBFS have each determined that the Procedures, as part of the TrustFund’s overall Antianti-Money Laundering Program money laundering program and Red Flag Identity Theft Prevention Programred flag identity theft prevention program, are reasonably designed to: (i) to prevent each the Fund from being used for money laundering or the financing of terrorist activities; (ii) prevent identity theft; activities and (iii) to achieve compliance with the applicable provisions of the Bank Secrecy Act, Fair and Accurate Credit Transactions Act of 2003 and the USA Patriot Act of 2001 and the implementing regulations thereunder. Based on this determination, the Trust Fund hereby instructs and directs USBFS to implement the Procedures on the TrustFund’s behalf, as such may be amended or revised from time to time. It is contemplated that these Procedures will be amended from time to time by the parties as additional regulations are adopted and/or regulatory guidance is provided relating to the TrustFund’s anti-money laundering and identity theft responsibilities. USBFS agrees to provide to the Trust:.
(a) Prompt written notification of any transaction or combination of transactions that USBFS believes, based on the Procedures, evidence money laundering or identity theft activities in connection with the Trust Fund or any Fund shareholdershareholder of the Fund;
(b) Prompt written notification of any customer(s) that USBFS reasonably believes, based upon the Procedures, to be engaged in money laundering or identity theft activities, provided that the Trust Fund agrees not to communicate this information to the customer;
(c) Any reports received by USBFS from any government agency or applicable industry self-regulatory organization pertaining to USBFS’ Anti’s anti-Money Laundering Program money laundering monitoring or the Red Flag Identity Theft Prevention Program red flag identity theft prevention program on behalf of the TrustFund;
(d) Prompt written notification of any action taken in response to anti-money laundering violations or identity theft activity as described in (a), (b) or (c) immediately above; and
(e) Certified annual and quarterly reports of its monitoring and customer identification activities pursuant to the Procedures on behalf of the TrustFund. The Trust Fund hereby directs, and USBFS acknowledges, that USBFS shall (i) permit federal regulators access to such information and records maintained by USBFS and relating to USBFS’ implementation of the Procedures, on behalf of the TrustFund, as they may request, and (ii) permit such federal regulators to inspect USBFS’ implementation of the Procedures on behalf of the TrustFund.
Appears in 4 contracts
Samples: Transfer Agent Servicing Agreement (Tortoise Tax-Advantaged Social Infrastructure Fund, Inc.), Transfer Agent Servicing Agreement (Angel Oak Dynamic Financial Strategies Income Term Trust), Transfer Agent Servicing Agreement (Tortoise Tax-Advantaged Social Infrastructure Fund, Inc.)
Anti-Money Laundering and Red Flag Identity Theft Prevention Programs. The Trust acknowledges that it has had an opportunity to review, consider and comment upon the written procedures provided by USBFS describing various tools used by USBFS which are designed to promote the detection and reporting of potential money laundering activity and identity theft by monitoring certain aspects of shareholder activity as well as written procedures for verifying a customer’s identity (collectively, the “Procedures”). Further, the Trust and USBFS have each has determined that the Procedures, as part of the Trust’s overall Antianti-Money Laundering Program money laundering program and Red Flag Identity Theft Prevention Programprogram, are reasonably designed to: (i) to prevent each Fund from being used for money laundering or the financing of terrorist activities; (ii) prevent identity theft; activities and (iii) to achieve compliance with the applicable provisions of the Bank Secrecy Act, Fair and Accurate Credit Transactions Act of 2003 and the USA Patriot Act of 2001 and the implementing regulations thereunder. Based on this determination, the Trust hereby instructs and directs USBFS to implement the Procedures on the Trust’s behalf, as such may be amended or revised from time to time. It is contemplated that these Procedures will be amended from time to time by the parties as additional regulations are adopted and/or regulatory guidance is provided relating to the Trust’s anti-money laundering and identity theft responsibilities. USBFS agrees to provide to the Trust:
(a) A. Prompt written notification of any transaction or combination of transactions that USBFS believes, based on the Procedures, evidence money laundering or identity theft activities in connection with the Trust or any Fund shareholdershareholder of a Fund;
(b) B. Prompt written notification of any customer(s) that USBFS reasonably believes, based upon the Procedures, to be engaged in money laundering or identity theft activities, provided that the Trust agrees not to communicate this information to the customer;
(c) C. Any reports received by USBFS from any government agency or applicable industry self-regulatory organization pertaining to USBFS’ Anti’s anti-Money Laundering Program money laundering monitoring or the Red Flag Identity Theft Prevention Program on behalf of the Trust;
(d) D. Prompt written notification of any action taken in response to anti-money laundering violations or identity theft activity as described in (a), (b) or (c) immediately above); and
(e) E. Certified annual and quarterly reports of its monitoring and customer identification activities pursuant to the Procedures on behalf of the Trust. USBFS shall provide such other reports on the monitoring and customer identification activities conducted at the direction of the Trust as may be agreed from time to time by USBFS and the Trust. The Trust hereby directs, and USBFS acknowledgesacknowledges and agrees, that USBFS shall (i) permit federal regulators access to such information and records maintained by USBFS and relating to USBFS’ ’s implementation of the Procedures, on behalf of the Trust, as they may lawfully request, and (ii) permit such federal regulators to inspect USBFS’ ’s implementation of the Procedures on behalf of the Trust.
Appears in 3 contracts
Samples: Transfer Agent Servicing Agreement (DoubleLine Equity Funds), Transfer Agent Servicing Agreement (DoubleLine Funds Trust), Transfer Agent Servicing Agreement (DoubleLine Funds Trust)
Anti-Money Laundering and Red Flag Identity Theft Prevention Programs. The Trust acknowledges that it has had an opportunity to review, consider and comment upon the written procedures provided by USBFS Fund Services describing various tools used by USBFS Fund Services which are designed to promote the detection and reporting of potential money laundering activity and identity theft by monitoring certain aspects of shareholder activity as well as written procedures for verifying a customer’s identity (collectively, the “Procedures”). Further, the Trust and USBFS have each has determined that the Procedures, as part of the Trust’s overall Antianti-Money Laundering Program money laundering program and the Red Flag Identity Theft Prevention Programprogram, are reasonably designed to: (i) to prevent each Fund the Trust from being used for money laundering or the financing of terrorist activities; (ii) prevent identity theft; activities and (iii) to achieve compliance with the applicable provisions of the Bank Secrecy Act, Fair and Accurate Credit Transactions Act of 2003 and the USA Patriot Act of 2001 and the implementing regulations thereunder. Based on this determination, the Trust hereby instructs and directs USBFS Fund Services to implement the Procedures on the Trust’s behalf, as such may be amended or revised from time to time. It is contemplated that these Procedures will be amended from time to time by the parties as additional regulations are adopted and/or regulatory guidance is provided relating to the Trust’s anti-money laundering and identity theft responsibilities. USBFS agrees to provide to the Trust:.
(a) Prompt written notification of any transaction or combination of transactions that USBFS Fund Services believes, based on the Procedures, evidence money laundering or identity theft activities in connection with the Trust or any Fund shareholdershareholder of the Trust;
(b) Prompt written notification of any customer(s) that USBFS Fund Services reasonably believes, based upon the Procedures, to be engaged in money laundering or identity theft activities, provided that the Trust agrees not to communicate this information to the customer;
(c) Any reports received by USBFS Fund Services from any government agency or applicable industry self-regulatory organization pertaining to USBFS’ AntiFund Services’s anti-Money Laundering Program money laundering monitoring or the Red Flag Identity Theft Prevention Program on behalf of the Trust;
(d) Prompt written notification of any action taken in response to anti-money laundering violations or identity theft activity as described in (a), (b) or (c) immediately above); and
(e) Certified annual and quarterly reports of its monitoring and customer identification activities pursuant to the Procedures on behalf of the Trust. The Trust hereby directs, and USBFS Fund Services acknowledges, that USBFS Fund Services shall (i) permit federal regulators access to such information and records maintained by USBFS Fund Services and relating to USBFSFund Services’ implementation of the Procedures, on behalf of the Trust, as they may request, and (ii) permit such federal regulators to inspect USBFSFund Services’ implementation of the Procedures on behalf of the Trust.
Appears in 3 contracts
Samples: Fund Servicing Agreement (Kurv ETF Trust), Fund Servicing Agreement (Roundhill ETF Trust), Fund Servicing Agreement (Listed Funds Trust)
Anti-Money Laundering and Red Flag Identity Theft Prevention Programs. The Trust acknowledges that it has had an opportunity to review, consider and comment upon the written procedures provided by USBFS describing various tools used by USBFS which that are designed to promote the detection and reporting of potential money laundering activity and identity theft by monitoring certain aspects of shareholder activity activity, as well as written procedures for verifying a customer’s identity (collectively, the “Procedures”). Further, the Trust and USBFS have each determined that the Procedures, as part of the Trust’s overall Antianti-Money Laundering Program money laundering program and Red Flag Identity Theft Prevention Programprogram, are reasonably designed to: (i) to prevent each the Fund from being used for money laundering or the financing of terrorist activities; (ii) prevent identity theft; activities and (iii) to achieve compliance with the applicable provisions of the Bank Secrecy Act, Fair and Accurate Credit Transactions Act of 2003 and the USA Patriot Act of 2001 and the implementing regulations thereunder. Based on this determination, the Trust hereby instructs and directs USBFS to implement the Procedures on the Trust’s behalf, as such may be amended or revised from time to time. It is contemplated that these Procedures will be amended from time to time by the parties as additional regulations are adopted and/or regulatory guidance is provided relating to the Trust’s anti-money laundering and identity theft responsibilities. USBFS agrees to provide to the Trust:
(a) A. Prompt written notification of any transaction or combination of transactions that USBFS believes, based on the Procedures, evidence money laundering or identity theft activities in connection with the Trust or any Fund shareholdershareholder of the Fund;
(b) B. Prompt written notification of any customer(s) that USBFS reasonably believes, based upon the Procedures, to be engaged in money laundering or identity theft activities, provided that the Trust agrees not to communicate this information to the customer;
(c) C. Any reports received by USBFS from any government agency or applicable industry self-regulatory organization pertaining to USBFS’ Anti’s anti-Money Laundering Program money laundering monitoring or the Red Flag Identity Theft Prevention Program on behalf of the Trust;
(d) D. Prompt written notification of any action taken in response to anti-money laundering violations or identity theft activity as described in (a)subsections 5.A, (b) B or (c) immediately C above; and
(e) E. Certified annual and quarterly reports of its monitoring and customer identification activities pursuant to the Procedures on behalf of the Trust. The Trust hereby directs, and USBFS acknowledges, that USBFS shall shall: (i) permit federal regulators access to such information and records maintained by USBFS and relating to USBFS’ ’s implementation of the Procedures, on behalf of the Trust, as they may request, ; and (ii) permit such federal regulators to inspect USBFS’ ’s implementation of the Procedures on behalf of the Trust.
Appears in 3 contracts
Samples: Transfer Agent Servicing Agreement (Stone Ridge Trust IV), Transfer Agent Servicing Agreement (Stone Ridge Trust III), Transfer Agent Servicing Agreement (Stone Ridge Trust II)
Anti-Money Laundering and Red Flag Identity Theft Prevention Programs. The Trust Fund acknowledges that it has had an opportunity to review, consider and comment upon the written procedures provided by USBFS describing various tools used by USBFS which are designed to promote the detection and reporting of potential money laundering activity and identity theft by monitoring certain aspects of shareholder activity as well as written procedures for verifying a customer’s identity (collectively, the “Procedures”). Further, the Trust and USBFS have each Fund has determined that the Procedures, as part of the TrustFund’s overall Antianti-Money Laundering Program money laundering program and the Red Flag Identity Theft Prevention Programprogram, are reasonably designed to: (i) to prevent each the Fund from being used for money laundering or the financing of terrorist activities; (ii) prevent identity theft; activities and (iii) to achieve compliance with the applicable provisions of the Bank Secrecy Act, Fair and Accurate Credit Transactions Act of 2003 and the USA Patriot Act of 2001 and the implementing regulations thereunder. Based on this determination, the Trust Fund hereby instructs and directs USBFS to implement the Procedures on the TrustFund’s behalf, as such may be amended or revised from time to time. It is contemplated that these Procedures will be amended from time to time by the parties as additional regulations are adopted and/or regulatory guidance is provided relating to the TrustFund’s anti-money laundering and identity theft responsibilities. USBFS agrees to provide to the Trust:.
(a) Prompt written notification of any transaction or combination of transactions that USBFS believes, based on the Procedures, evidence money laundering or identity theft activities in connection with the Trust Fund or any Fund shareholdershareholder of the Fund;
(b) Prompt written notification of any customer(s) that USBFS reasonably believes, based upon the Procedures, to be engaged in money laundering or identity theft activities, provided that the Trust Fund agrees not to communicate this information to the customer;
(c) Any reports received by USBFS from any government agency or applicable industry self-regulatory organization pertaining to USBFS’ Anti’s anti-Money Laundering Program money laundering monitoring or the Red Flag Identity Theft Prevention Program on behalf of the TrustFund;
(d) Prompt written notification of any action taken in response to anti-money laundering violations or identity theft activity as described in (a), (b) or (c) immediately above); and
(e) Certified annual and quarterly reports of its monitoring and customer identification activities pursuant to the Procedures on behalf of the TrustFund. The Trust Fund hereby directs, and USBFS acknowledges, that USBFS shall (i) permit federal regulators access to such information and records maintained by USBFS and relating to USBFS’ implementation of the Procedures, on behalf of the TrustFund, as they may request, and (ii) permit such federal regulators to inspect USBFS’ implementation of the Procedures on behalf of the TrustFund.
Appears in 3 contracts
Samples: Transfer Agent Servicing Agreement (High Income Securities Fund), Transfer Agent Servicing Agreement (Ellington Income Opportunities Fund), Transfer Agent Servicing Agreement (AlphaCentric Prime Meridian Income Fund)
Anti-Money Laundering and Red Flag Identity Theft Prevention Programs. The Each Trust acknowledges that it has had an opportunity to review, consider and comment upon the written procedures provided by USBFS describing various tools used by USBFS which are designed to promote the detection and reporting of potential money laundering activity and identity theft by monitoring certain aspects of shareholder activity as well as written procedures for verifying a customer’s identity (collectively, the “Procedures”). Further, the each Trust and USBFS have each determined that the Procedures, as part of the Trust’s Trusts’ overall Anti-Money Laundering Program and Red Flag Identity Theft Prevention Program, are reasonably designed to: (i) prevent each Fund from being used for money laundering or the financing of terrorist activities; (ii) prevent identity theft; and (iii) achieve compliance with the applicable provisions of the Bank Secrecy Act, Fair and Accurate Credit Transactions Act of 2003 and the USA Patriot Act of 2001 and the implementing regulations thereunder. Based on this determination, the Trust Trusts hereby instructs instruct and directs direct USBFS to implement the Procedures on the Trust’s Trusts’ behalf, as such may be amended or revised from time to time. It is contemplated that these Procedures will be amended from time to time by the parties as additional regulations are adopted and/or regulatory guidance is provided relating to the Trust’s Trusts’ anti-money laundering and identity theft responsibilities. USBFS agrees to provide to the TrustTrusts:
(a) Prompt written notification of any transaction or combination of transactions that USBFS believes, based on the Procedures, evidence money laundering or identity theft activities in connection with the applicable Trust or any Fund shareholder;
(b) Prompt written notification of any customer(s) that USBFS reasonably believes, based upon the Procedures, to be engaged in money laundering or identity theft activities, provided that the Trust agrees Trusts agree not to communicate this information to the customer;
(c) Any reports received by USBFS from any government agency or applicable industry self-regulatory organization pertaining to USBFS’ Anti-Money Laundering Program or the Red Flag Identity Theft Prevention Program on behalf of the TrustTrusts;
(d) Prompt written notification of any action taken in response to anti-money laundering violations or identity theft activity as described in (a), (b) or (c) immediately above; and
(e) Certified annual and quarterly reports of its monitoring and customer identification activities pursuant to the Procedures on behalf of the TrustTrusts. The Trust Trusts hereby directsdirect, and USBFS acknowledges, that USBFS shall (i) permit federal regulators access to such information and records maintained by USBFS and relating to USBFS’ implementation of the Procedures, on behalf of the TrustTrusts, as they may request, and (ii) permit such federal regulators to inspect USBFS’ implementation of the Procedures on behalf of the TrustTrusts.
Appears in 2 contracts
Samples: Transfer Agent Servicing Agreement (Underlying Funds Trust), Transfer Agent Servicing Agreement (Hatteras Alternative Mutual Funds Trust)
Anti-Money Laundering and Red Flag Identity Theft Prevention Programs. The Trust Each Fund acknowledges that it has had an opportunity to review, consider and comment upon the written procedures provided by USBFS describing various tools used by USBFS which are designed to promote the detection and reporting of potential money laundering activity and identity theft by monitoring certain aspects of shareholder activity as well as written procedures for verifying a customer’s identity (collectively, the “Procedures”). Further, the Trust and USBFS have each Fund has determined that the Procedures, as part of the Trusteach Fund’s overall Antianti-Money Laundering Program money laundering program and Red Flag Identity Theft Prevention Programprogram, are reasonably designed to: (i) to prevent each Fund from being used for money laundering or the financing of terrorist activities; (ii) prevent identity theft; activities and (iii) to achieve compliance with the applicable provisions of the Bank Secrecy Act, Fair and Accurate Credit Transactions Act of 2003 and the USA Patriot Act of 2001 and the implementing regulations thereunder. Based on this determination, the Trust each Fund hereby instructs and directs USBFS to implement the Procedures on the Trusteach Fund’s behalf, as such may be amended or revised from time to time. It is contemplated that these Procedures will be amended from time to time by the parties as additional regulations are adopted and/or regulatory guidance is provided relating to the Trusteach Fund’s anti-money laundering and identity theft responsibilities. USBFS agrees to provide to the TrustFunds:
(a) Prompt written notification of any transaction or combination of transactions that USBFS believes, based on the Procedures, evidence money laundering or identity theft activities in connection with the Trust Funds or any Fund shareholdershareholder of the Funds;
(b) Prompt written notification of any customer(s) that USBFS reasonably believes, based upon the Procedures, to be engaged in money laundering or identity theft activities, provided that the Trust agrees Funds agree not to communicate this information to the customer;
(c) Any reports received by USBFS from any government agency or applicable industry self-regulatory organization pertaining to USBFS’ Anti’s anti-Money Laundering Program money laundering monitoring or the Red Flag Identity Theft Prevention Program on behalf of the TrustFunds;
(d) Prompt written notification of any action taken in response to anti-money laundering violations or identity theft activity as described in (a), (b) or (c) immediately above); and
(e) Certified annual and quarterly reports of its monitoring and customer identification activities pursuant to the Procedures on behalf of the TrustFunds. The Trust Funds hereby directsdirect, and USBFS acknowledges, that USBFS shall (i) permit federal regulators access to such information and records maintained by USBFS and relating to USBFS’ ’s implementation of the Procedures, on behalf of the TrustFunds, as they may request, and (ii) permit such federal regulators to inspect USBFS’ ’s implementation of the Procedures on behalf of the TrustFunds.
Appears in 2 contracts
Samples: Transfer Agent Servicing Agreement (Cushing MLP Infrastructure Fund II), Transfer Agent Servicing Agreement (Cushing MLP Infrastructure Master Fund)
Anti-Money Laundering and Red Flag Identity Theft Prevention Programs. The Trust acknowledges that it has had an opportunity to review, consider and comment upon the written procedures provided by USBFS describing various tools used by USBFS which are designed to promote the detection and reporting of potential money laundering activity and identity theft by monitoring certain aspects of shareholder activity as well as written procedures for verifying a customer’s identity (collectively, the “Procedures”). Further, the Trust and USBFS have each determined that the Procedures, as part of the Trust’s overall Anti-Money Laundering Program and Red Flag Identity Theft Prevention Program, are reasonably designed to: (i) prevent each Fund from being used for money laundering or the financing of terrorist activities; (ii) prevent identity theft; and (iii) achieve compliance with the applicable provisions of the Bank Secrecy Act, Fair and Accurate Credit Transactions Act of 2003 and the USA Patriot Act of 2001 and the implementing regulations thereunder. Based on this determination, the Trust hereby instructs and directs USBFS to implement the Procedures on the Trust’s behalf, as such may be amended or revised from time to time. It is contemplated that these Procedures will be amended from time to time by the parties as additional regulations are adopted and/or regulatory guidance is provided relating to the Trust’s anti-money laundering and identity theft responsibilities. USBFS agrees to provide to the Trust:
(a) A. Prompt written notification of any transaction or combination of transactions that USBFS believes, based on the Procedures, evidence money laundering or identity theft activities in connection with the Trust or any Fund shareholder;
(b) B. Prompt written notification of any customer(s) that USBFS reasonably believes, based upon the Procedures, to be engaged in money laundering or identity theft activities, provided that the Trust agrees not to communicate this information to the customer;
(c) C. Any reports received by USBFS from any government agency or applicable industry self-regulatory organization pertaining to USBFS’ ’s Anti-Money Laundering Program or the Red Flag Identity Theft Prevention Program on behalf of the Trust;
(d) D. Prompt written notification of any action taken in response to anti-money laundering violations or identity theft activity as described in (a), (b) or (c) immediately above; and
(e) E. Certified annual and quarterly reports of its monitoring and customer identification activities pursuant to the Procedures on behalf of the Trust. The Trust hereby directs, and USBFS acknowledges, that USBFS shall (i) permit federal regulators access to such information and records maintained by USBFS and relating to USBFS’ ’s implementation of the Procedures, on behalf of the Trust, as they may request, and (ii) permit such federal regulators to inspect USBFS’ ’s implementation of the Procedures on behalf of the Trust.
Appears in 2 contracts
Samples: Transfer Agent Servicing Agreement (Oaktree Funds), Transfer Agent Servicing Agreement (Oaktree Funds)
Anti-Money Laundering and Red Flag Identity Theft Prevention Programs. The Trust acknowledges that it has had an opportunity to review, consider and comment upon the written procedures provided by USBFS describing various tools used by USBFS which are designed to promote the detection and reporting of potential money laundering activity and identity theft by monitoring certain aspects of shareholder activity as well as written procedures for verifying a customer’s identity (collectively, the “Procedures”). Further, the Trust and USBFS have each determined that the Procedures, as part of the Trust’s overall Anti-Money Laundering Program and Red Flag Identity Theft Prevention Program, are reasonably designed to: (i) prevent each Fund from being used for money laundering or the financing of terrorist activities; (ii) prevent identity theft; and (iii) achieve compliance with the applicable provisions of the Bank Secrecy Act, Fair and Accurate Credit Transactions Act of 2003 and the USA Patriot Act of 2001 and the implementing regulations thereunder. Based on this determination, the Trust hereby instructs and directs USBFS to implement the Procedures on the Trust’s behalf, as such may be amended or revised from time to time. It is contemplated that these Procedures will be amended from time to time by the parties as additional regulations are adopted and/or regulatory guidance is provided relating to the Trust’s anti-money laundering and identity theft responsibilities. USBFS agrees to provide to the Trust:
(a) Prompt written notification of any transaction or combination of transactions that USBFS believes, based on the Procedures, evidence money laundering or identity theft activities in connection with the Trust or any Fund shareholdershareholder of the Fund;
(b) Prompt written notification of any customer(s) that USBFS reasonably believes, based upon the Procedures, to be engaged in money laundering or identity theft activities, provided that the Trust agrees not to communicate this information to the customer;
(c) Any reports received by USBFS from any government agency or applicable industry self-regulatory organization pertaining to USBFS’ Anti’s anti-Money Laundering Program money laundering monitoring or the Red Flag Identity Theft Prevention Program on behalf of the Trust;
(d) Prompt written notification of any action taken in response to anti-money laundering violations or identity theft activity as described in (a), (b) or (c) immediately above); and
(e) Certified annual and quarterly reports of its monitoring and customer identification activities pursuant to the Procedures on behalf of the Trust. The Trust hereby directs, and USBFS acknowledges, that USBFS shall (i) permit federal regulators access to such information and records maintained by USBFS and relating to USBFS’ ’s implementation of the Procedures, on behalf of the Trust, as they may request, and (ii) permit such federal regulators to inspect USBFS’ ’s implementation of the Procedures on behalf of the Trust.
Appears in 2 contracts
Samples: Transfer Agent Servicing Agreement (Cushing ETF Trust), Transfer Agent Servicing Agreement (Cushing ETF Trust)
Anti-Money Laundering and Red Flag Identity Theft Prevention Programs. The Trust acknowledges that it has had an opportunity to review, consider and comment upon the written procedures provided by USBFS describing various tools used by USBFS which that are designed to promote the detection and reporting of potential money laundering activity and identity theft by monitoring certain aspects of shareholder activity activity, as well as written procedures for verifying a customer’s identity (collectively, the “Procedures”). Further, the Trust and USBFS have each determined that the Procedures, as part of the Trust’s overall Antianti-Money Laundering Program money laundering program and Red Flag Identity Theft Prevention Programprogram, are reasonably designed to: (i) to prevent each the Fund from being used for money laundering or the financing of terrorist activities; (ii) prevent identity theft; activities and (iii) to achieve compliance with the applicable provisions of the Bank Secrecy Act, Fair and Accurate Credit Transactions Act of 2003 2003, and the USA Patriot Act of 2001 and the implementing regulations thereunder. Based on this determination, the Trust hereby instructs and directs USBFS to implement the Procedures on the Trust’s behalf, as such may be amended or revised from time to time. It is contemplated that these Procedures will be amended from time to time by the parties as additional regulations are adopted and/or regulatory guidance is provided relating to the Trust’s anti-money laundering and identity theft responsibilities. USBFS agrees to provide to the Trust:
(a) A. Prompt written notification of any transaction or combination of transactions that USBFS believes, based on the Procedures, evidence money laundering or identity theft activities in connection with the Trust or any Fund shareholdershareholder of the Fund;
(b) B. Prompt written notification of any customer(s) that USBFS reasonably believes, based upon the Procedures, to be engaged in money laundering or identity theft activities, provided that the Trust agrees not to communicate this information to the customer;
(c) C. Any reports received by USBFS from any government agency or applicable industry self-regulatory organization pertaining to USBFS’ Anti’s anti-Money Laundering Program money laundering monitoring or the Red Flag Identity Theft Prevention Program on behalf of the Trust;
(d) D. Prompt written notification of any action taken in response to anti-money laundering violations or identity theft activity as described in (a)subsections 5.A, (b) B or (c) immediately C above; and;
(e) E. Certified annual and quarterly reports of its monitoring monitoring, reporting, and customer identification activities pursuant to the Procedures on behalf of the Trust, including an annual certification that USBFS has applied and followed the Procedures during the relevant reporting period, and
F. Annual reports summarizing any material changes to the Procedures, the internal controls relevant to the Procedures, or to USBFS’s regulatory standing. The Trust hereby directs, and USBFS acknowledges, that USBFS shall shall: (i) permit federal regulators access to such information and records maintained by USBFS and relating to USBFS’ ’s implementation of the Procedures, on behalf of the Trust, as they may request, ; and (ii) permit such federal regulators to inspect USBFS’ ’s implementation of the Procedures on behalf of the Trust.
Appears in 2 contracts
Samples: Transfer Agent Servicing Agreement (Stone Ridge Trust V), Transfer Agent Servicing Agreement (Stone Ridge Trust V)
Anti-Money Laundering and Red Flag Identity Theft Prevention Programs. The Trust Anti-Money Laundering and Red Flag Identity Theft Prevention Programs set forth in this section apply only to direct non-broker controlled accounts on USBFS’ record keeping system. The Fund acknowledges that it has had an opportunity to review, consider and comment upon the written procedures provided by USBFS describing various tools used by USBFS which are designed to promote the detection and reporting of potential money laundering activity and identity theft by monitoring certain aspects of shareholder activity as well as written procedures for verifying a customer’s identity (collectively, the “Procedures”). Further, the Trust and USBFS have each Fund has determined that the Procedures, as part of the TrustFund’s overall Anti-Money Laundering laundering Program and Red Flag Identity Theft Prevention Program, are reasonably designed to: (i) to prevent each the Fund from being used for money laundering or the financing of terrorist activities; (ii) prevent identity theft; activities and (iii) to achieve compliance with the applicable provisions of the Bank Secrecy Act, Fair and Accurate Credit Transactions Act of 2003 and the USA Patriot Act of 2001 and the implementing regulations thereunder. Based on this determination, the Trust Fund hereby instructs and directs USBFS to implement the Procedures on the TrustFund’s behalf, as such may be amended or revised from time to time. It is contemplated that these Procedures will be amended from time to time by the parties as additional regulations are adopted and/or regulatory guidance is provided relating to the TrustFund’s anti-money laundering and identity theft responsibilities. USBFS agrees to provide to the TrustFund:
(a) Prompt written notification of any transaction or combination of transactions that USBFS believes, based on the Procedures, evidence money laundering or identity theft activities in connection with the Trust Fund or any Fund shareholdershareholder of the Fund;
(b) Prompt written notification of any customer(s) that USBFS reasonably believes, based upon the Procedures, to be engaged in money laundering or identity theft activities, provided that the Trust Fund agrees not to communicate this information to the customer;
(c) Any reports received by USBFS from any government agency or applicable industry self-regulatory organization pertaining to USBFS’ Antianti-Money Laundering Program money laundering monitoring or the Red Flag Identity Theft Prevention Program on behalf of the TrustFund;
(d) Prompt written notification of any action taken in response to anti-money laundering violations or identity theft activity as described in (a), (b) or (c) immediately above); and
(e) Certified annual and quarterly reports of its monitoring and customer identification activities pursuant to the Procedures on behalf of the TrustFund. The Trust Fund hereby directs, and USBFS acknowledges, that USBFS shall (i) permit federal regulators access to such information and records maintained by USBFS and relating to USBFS’ implementation of the Procedures, on behalf of the TrustFund, as they may request, and (ii) permit such federal regulators to inspect USBFS’ implementation of the Procedures on behalf of the TrustFund.
Appears in 2 contracts
Samples: Transfer Agent Servicing Agreement (Salient MLP & Energy Infrastructure Fund), Transfer Agent Servicing Agreement (Salient MLP & Energy Infrastructure Fund)
Anti-Money Laundering and Red Flag Identity Theft Prevention Programs. The Trust acknowledges that it has had an opportunity to review, consider and comment upon the written procedures provided by USBFS Fund Services describing various tools used by USBFS Fund Services which are designed to promote the detection and reporting of potential money laundering activity and identity theft by monitoring certain aspects of shareholder activity as well as written procedures for verifying a customer’s identity (collectively, the “Procedures”). Further, the Trust and USBFS Fund Services have each determined that the Procedures, as part of the Trust’s overall Anti-Money Laundering Program and Red Flag Identity Theft Prevention Program, are reasonably designed to: (i) prevent each Fund from being used for money laundering or the financing of terrorist activities; (ii) prevent identity theft; and (iii) achieve compliance with the applicable provisions of the Bank Secrecy Act, Fair and Accurate Credit Transactions Act of 2003 and the USA Patriot Act of 2001 and the implementing regulations thereunder. Based on this determination, the Trust hereby instructs and directs USBFS Fund Services to implement the Procedures on the Trust’s behalf, as such may be amended or revised from time to time. It is contemplated that these Procedures will be amended from time to time by the parties as additional regulations are adopted and/or regulatory guidance is provided relating to the Trust’s anti-money laundering and identity theft responsibilities. USBFS Fund Services will provide prompt written notice upon making any material amendments or changes to the Procedures. Fund Services agrees to provide to the Trust:Trust (to the extent it is permitted by law and able to do so):
(a) Prompt written notification of any transaction or combination of transactions that USBFS Fund Services believes, based on the Procedures, evidence money laundering laundering, activity that may warrant a suspicious activity report, or identity theft activities in connection with the Trust or any Fund shareholder;
(b) Prompt written notification of any customer(s) that USBFS Fund Services reasonably believes, based upon the Procedures, to be engaged in money laundering laundering, activity that may warrant a suspicious activity report, or identity theft activities, provided that the Trust agrees not to communicate this information to the customer;
(c) Any reports received by USBFS Fund Services from any government agency or applicable industry self-regulatory organization pertaining to USBFSFund Services’ Anti-Money Laundering Program or the Red Flag Identity Theft Prevention Program on behalf of the Trust;
(d) Prompt written notification of any action taken in response to anti-money laundering violations or identity theft activity as described in (a), (b) or (c) immediately above; and;
(e) Certified annual and quarterly reports of its monitoring and customer identification activities pursuant to the Procedures on behalf of the Trust; and
(f) Copies of any Bank Secrecy Act report or records Fund Services files or maintains on behalf of the Trust. The Trust hereby directs, and USBFS Fund Services acknowledges, that USBFS Fund Services shall (i) permit federal regulators access to such information and records maintained by USBFS Fund Services and relating to USBFSFund Services’ implementation of the Procedures, on behalf of the Trust, as they may request, and (ii) permit such federal regulators to inspect USBFSFund Services’ implementation of the Procedures on behalf of the Trust.
Appears in 2 contracts
Samples: Transfer Agent Servicing Agreement (TrimTabs ETF Trust), Transfer Agent Servicing Agreement (TigerShares Trust)
Anti-Money Laundering and Red Flag Identity Theft Prevention Programs. The Trust Company acknowledges that it has had an opportunity to review, consider and comment upon the written procedures provided by USBFS describing various tools used by USBFS which are designed to promote the detection and reporting of potential money laundering activity and identity theft activity by monitoring certain aspects of shareholder activity as well as written procedures for verifying a customer’s identity (collectively, the “Procedures”). Further, the Trust Company and USBFS have each determined that the Procedures, as part of the TrustCompany’s overall Antianti-Money Laundering Program money laundering program and Red Flag Identity Theft Prevention Programprogram, are reasonably designed to: (i) prevent each the Fund from being used for money laundering or the financing of terrorist activities; (ii) prevent identity theft; and (iii) to achieve compliance with the applicable provisions of the Bank Secrecy Act, Fair and Accurate Credit Transactions Act of 2003 and the USA Patriot Act of 2001 and the implementing regulations thereunder. Based on this determination, the Trust Company hereby instructs and directs USBFS to implement the Procedures on the TrustCompany’s behalf, as such may be amended or revised from time to time. It is contemplated that these Procedures will be amended from time to time by the parties as additional regulations are adopted and/or regulatory guidance is provided relating to the TrustCompany’s anti-money laundering and identity theft responsibilities. USBFS agrees to provide to the TrustCompany:
(a) A. Prompt written notification of any transaction or combination of transactions that USBFS believes, based on the Procedures, evidence money laundering or identity theft activities in connection with the Trust Company or any Fund shareholdershareholder of a Fund;
(b) B. Prompt written notification of any customer(s) that USBFS reasonably believes, based upon the Procedures, to be engaged in money laundering or identity theft activities, provided that the Trust Company agrees not to communicate this information to the customer;
(c) C. Any reports received by USBFS from any government agency or applicable industry self-regulatory organization pertaining to USBFS’ Anti’s anti-Money Laundering Program money laundering monitoring or the Red Flag Identity Theft Prevention Program on behalf of the TrustCompany;
(d) D. Prompt written notification of any action taken in response to anti-money laundering violations or identity theft activity as described in (a), (b) or (c) immediately above; and
(e) E. Certified annual and quarterly reports of its monitoring and customer identification activities pursuant to the Procedures on behalf of the TrustCompany. The Trust Company hereby directs, and USBFS acknowledges, that USBFS shall (i) permit federal regulators access to such information and records maintained by USBFS and relating to USBFS’ ’s implementation of the Procedures, on behalf of the TrustCompany, as they may request, and (ii) permit such federal regulators to inspect USBFS’ ’s implementation of the Procedures on behalf of the TrustCompany.
Appears in 2 contracts
Samples: Transfer Agent Servicing Agreement (Leuthold Funds Inc), Transfer Agent Servicing Agreement (RBB Fund, Inc.)
Anti-Money Laundering and Red Flag Identity Theft Prevention Programs. The Trust acknowledges Trusts acknowledge that it has they have had an opportunity to review, consider and comment upon the written procedures provided by USBFS describing various tools used by USBFS which are designed to promote the detection and reporting of potential money laundering activity and identity theft by monitoring certain aspects of shareholder activity as well as written procedures for verifying a customer’s identity (collectively, the “Procedures”). Further, the Trust and USBFS Trusts have each determined that the Procedures, as part of the Trust’s Trusts’ overall Antianti-Money Laundering Program money laundering program and Red Flag Identity Theft Prevention Programprogram, are reasonably designed to: (i) to prevent each Fund the Funds from being used for money laundering or the financing of terrorist activities; (ii) prevent identity theft; activities and (iii) to achieve compliance with the applicable provisions of the Bank Secrecy Act, Fair and Accurate Credit Transactions Act of 2003 and the USA Patriot Act of 2001 and the implementing regulations thereunder. Based on this determination, the Trust Trusts hereby instructs instruct and directs direct USBFS to implement the Procedures on the Trust’s Trusts’ behalf, as such may be amended or revised from time to time. It is contemplated that these Procedures will be amended from time to time by the parties as additional regulations are adopted and/or regulatory guidance is provided relating to the Trust’s Trusts’ anti-money laundering and identity theft responsibilities. USBFS agrees to provide to the TrustTrusts:
(a) A. Prompt written notification of any transaction or combination of transactions that USBFS believes, based on the Procedures, evidence money laundering or identity theft activities in connection with the Trust or any Fund shareholdershareholder of the Funds;
(b) B. Prompt written notification of any customer(s) that USBFS reasonably believes, based upon the Procedures, to be engaged in money laundering or identity theft activities, provided that the Trust agrees Trusts agree not to communicate this information to the customer;
(c) C. Any reports received by USBFS from any government agency or applicable industry self-regulatory organization pertaining to USBFS’ Antianti-Money Laundering Program money laundering monitoring or the Red Flag Identity Theft Prevention Program on behalf of the TrustTrusts;
(d) D. Prompt written notification of any action taken in response to anti-money laundering violations or identity theft activity as described in (aA), (bB) or (c) immediately aboveC); and
(e) E. Certified annual and quarterly reports of its monitoring and customer identification activities pursuant to the Procedures on behalf of the TrustTrusts. The Trust Trusts hereby directsdirect, and USBFS acknowledges, that USBFS shall (i) permit federal regulators access to such information and records maintained by USBFS and relating to USBFS’ implementation of the Procedures, on behalf of the TrustTrusts, as they may request, and (ii) permit such federal regulators to inspect USBFS’ implementation of the Procedures on behalf of the TrustTrusts.
Appears in 2 contracts
Samples: Transfer Agent Servicing Agreement (Calamos Advisors Trust/Il), Transfer Agent Servicing Agreement (Calamos Investment Trust/Il)
Anti-Money Laundering and Red Flag Identity Theft Prevention Programs. The Trust acknowledges that it has had an opportunity to review, consider and comment upon the written procedures provided by USBFS describing various tools used by USBFS which are designed to promote the detection and reporting of potential money laundering activity and identity theft by monitoring certain aspects of shareholder activity as well as written procedures for verifying a customer’s identity (collectively, the “Procedures”). Further, the Trust and USBFS have each has determined that the Procedures, as part of the Trust’s overall Antianti-Money Laundering Program money laundering program and Red Flag Identity Theft Prevention Programprogram, are reasonably designed to: (i) to prevent each the Fund from being used for money laundering or the financing of terrorist activities; (ii) prevent identity theft; activities and (iii) to achieve compliance with the applicable provisions of the Bank Secrecy Act, Fair and Accurate Credit Transactions Act of 2003 and the USA Patriot Act of 2001 and the implementing regulations thereunder. Based on this determination, the Trust hereby instructs and directs USBFS to implement the Procedures on the Trust’s behalf, as such may be amended or revised from time to time. It is contemplated that these Procedures will be amended from time to time by the parties as additional regulations are adopted and/or regulatory guidance is provided relating to the Trust’s anti-money laundering and identity theft responsibilities. USBFS agrees to provide to the Trust:
(a) Prompt written notification of any transaction or combination of transactions that USBFS believes, based on the Procedures, evidence money laundering or identity theft activities in connection with the Trust or any Fund shareholdershareholder of the Fund;
(b) Prompt written notification of any customer(s) that USBFS reasonably believes, based upon the Procedures, to be engaged in money laundering or identity theft activities, provided that the Trust agrees not to communicate this information to the customer;
(c) Any reports received by USBFS from any government agency or applicable industry self-regulatory organization pertaining to USBFS’ Anti’s anti-Money Laundering Program money laundering monitoring or the Red Flag Identity Theft Prevention Program on behalf of the Trust;
(d) Prompt written notification of any action taken in response to anti-money laundering violations or identity theft activity as described in (a), (b) or (c) immediately above); and
(e) Certified annual and quarterly reports of its monitoring and customer identification activities pursuant to the Procedures on behalf of the Trust. The Trust hereby directs, and USBFS acknowledges, that USBFS shall (i) permit federal regulators access to such information and records maintained by USBFS and relating to USBFS’ ’s implementation of the Procedures, on behalf of the Trust, as they may request, and (ii) permit such federal regulators to inspect USBFS’ implementation of the Procedures on behalf of the Trust.
Appears in 2 contracts
Samples: Transfer Agent Servicing Agreement (Series Portfolios Trust), Transfer Agent Servicing Agreement (Trust for Advised Portfolios)
Anti-Money Laundering and Red Flag Identity Theft Prevention Programs. The Trust acknowledges that it has had an opportunity to review, consider and comment upon the written procedures provided by USBFS describing various tools used by USBFS which are designed to promote the detection and reporting of potential money laundering activity and identity theft by monitoring certain aspects of shareholder activity as well as written procedures for verifying a customer’s identity (collectively, the “Procedures”). Further, the Trust and USBFS have each determined that the Procedures, as part of the Trust’s overall Anti-Money Laundering Program and Red Flag Identity Theft Prevention Program, are reasonably designed to: (i) prevent each Fund from being used for money laundering or the financing of terrorist activities; (ii) prevent identity theft; and (iii) achieve compliance with the applicable provisions of the Bank Secrecy Act, Fair and Accurate Credit Transactions Act of 2003 and the USA Patriot Act of 2001 and the implementing regulations thereunder. Based on this determination, the Trust hereby instructs and directs USBFS to implement the Procedures on the Trust’s behalf, as such may be amended or revised from time to time. It is contemplated that these Procedures will be amended from time to time by the parties as additional regulations are adopted and/or regulatory guidance is provided relating to the Trust’s anti-money laundering and identity theft responsibilities. USBFS agrees to provide to the Trust:
(a) Prompt written notification of any transaction or combination of transactions that USBFS believes, based on the Procedures, evidence money laundering or identity theft activities in connection with the Trust or any Fund shareholder;
(b) Prompt written notification of any customer(s) that USBFS reasonably believes, based upon the Procedures, to be engaged in money laundering or identity theft activities, provided that the Trust agrees not to communicate this information to the customer;
(c) Any reports received by USBFS from any government agency or applicable industry self-regulatory organization pertaining to USBFS’ Anti-Money Laundering Program or the Red Flag Identity Theft Prevention Program on behalf of the Trust;
(d) Prompt written notification of any action taken in response to anti-money laundering violations or identity theft activity as described in (a), (b) or (c) immediately above; and
(e) Certified annual and quarterly reports of its monitoring and customer identification activities pursuant to the Procedures on behalf of the Trust. The Trust hereby directs, and USBFS acknowledges, that USBFS shall (i) permit federal regulators access to such information and records maintained by USBFS Funder Services and relating to USBFS’ implementation of the Procedures, on behalf of the Trust, as they may request, and (ii) permit such federal regulators to inspect USBFS’ implementation of the Procedures on behalf of the Trust.
Appears in 2 contracts
Samples: Transfer Agent Servicing Agreement (Managed Portfolio Series), Transfer Agent Servicing Agreement (Brandes Investment Trust)
Anti-Money Laundering and Red Flag Identity Theft Prevention Programs. The Trust acknowledges that it has had an opportunity to review, consider and comment upon the written procedures provided by USBFS describing various tools used by USBFS which are designed to promote the detection and reporting of potential money laundering activity and identity theft by monitoring certain aspects of shareholder activity as well as written procedures for verifying a customer’s identity (collectively, the “Procedures”). Further, the Trust and USBFS have each determined that the Procedures, as part of the Trust’s overall Anti-Money Laundering Program and Red Flag Identity Theft Prevention Program, are reasonably designed to: (i) prevent each Fund from being used for money laundering or the financing of terrorist activities; (ii) prevent identity theft; and (iii) achieve compliance with the applicable provisions of the Bank Secrecy Act, Fair and Accurate Credit Transactions Act of 2003 and the USA Patriot Act of 2001 and the implementing regulations thereunder. Based on this determination, the Trust hereby instructs and directs USBFS to implement the Procedures on the Trust’s behalf, as such may be amended or revised from time to time. It is contemplated that these Procedures will be amended from time to time by the parties as additional regulations are adopted and/or regulatory guidance is provided relating to the Trust’s anti-money laundering and identity theft responsibilities. USBFS agrees to provide to the Trust:
(a) A. Prompt written notification of any transaction or combination of transactions that USBFS believes, based on the Procedures, evidence money laundering or identity theft activities in connection with the Trust or any Fund shareholder;
(b) B. Prompt written notification of any customer(s) that USBFS reasonably believes, based upon the Procedures, to be engaged in money laundering or identity theft activities, provided that the Trust agrees not to communicate this information to the customer;
(c) C. Any reports received by USBFS from any government agency or applicable industry self-regulatory organization pertaining to USBFS’ Anti-Money Laundering Program or the Red Flag Identity Theft Prevention Program on behalf of the Trust;
(d) D. Prompt written notification of any action taken in response to anti-money laundering violations or identity theft activity as described in (a), (b) or (c) immediately above; and
(e) E. Certified annual and quarterly reports of its monitoring and customer identification activities pursuant to the Procedures on behalf of the Trust. The Trust hereby directs, and USBFS acknowledges, that USBFS shall (i) permit federal regulators access to such information and records maintained by USBFS and relating to USBFS’ ’s implementation of the Procedures, on behalf of the Trust, as they may request, and (ii) permit such federal regulators to inspect USBFS’ implementation of the Procedures on behalf of the Trust.
Appears in 1 contract
Anti-Money Laundering and Red Flag Identity Theft Prevention Programs. The Trust acknowledges that it has had an opportunity to review, consider and comment upon the written procedures provided by USBFS describing various tools used by USBFS which are designed to promote the detection and reporting of potential money laundering activity and identity theft by monitoring certain aspects of shareholder activity as well as written procedures for verifying a customer’s identity (collectively, the “Procedures”). Further, the Trust and USBFS have each determined that the Procedures, as part of the Trust’s overall Anti-Money Laundering Program and Red Flag Identity Theft Prevention Program, are reasonably designed to: (i) prevent each Fund from being used for money laundering or the financing of terrorist activities; (ii) prevent identity theft; and (iii) achieve compliance with the applicable provisions of the Bank Secrecy Act, Fair and Accurate Credit Transactions Act of 2003 and the USA Patriot Act of 2001 and the implementing regulations thereunder. Based on this determination, the Trust hereby instructs and directs USBFS to implement the Procedures on the Trust’s behalf, as such may be amended or revised from time to time. It is contemplated that these Procedures will be amended from time to time by the parties as additional regulations are adopted and/or regulatory guidance is provided relating to the Trust’s anti-money laundering and identity theft responsibilities. USBFS agrees to provide to the Trust:
(a) A. Prompt written notification of any transaction or combination of transactions that USBFS believes, based on the Procedures, evidence money laundering or identity theft activities in connection with the Trust or any Fund shareholdershareholder of the Funds;
(b) B. Prompt written notification of any customer(s) that USBFS reasonably believes, based upon the Procedures, to be engaged in money laundering or identity theft activities, provided that the Trust agrees not to communicate this information to the customer;
(c) C. Any reports received by USBFS from any government agency or applicable industry self-regulatory organization pertaining to USBFS’ Anti-Money Laundering Program or the Red Flag Identity Theft Prevention Program on behalf of the Trust;
(d) D. Prompt written notification of any action taken in response to anti-money laundering violations or identity theft activity as described in (aA), (bB) or (cC) immediately above; and
(e) E. Certified annual and quarterly reports of its monitoring and customer identification activities pursuant to the Procedures on behalf of the Trust. The Trust hereby directs, and USBFS acknowledges, that USBFS shall (i) permit federal regulators access to such information and records maintained by USBFS and relating to USBFS’ implementation of the Procedures, on behalf of the Trust, as they may request, and (ii) permit such federal regulators to inspect USBFS’ implementation of the Procedures on behalf of the Trust.
Appears in 1 contract
Samples: Transfer Agent Servicing Agreement (Ariel Investment Trust)
Anti-Money Laundering and Red Flag Identity Theft Prevention Programs. The Trust acknowledges that it has had an opportunity to review, consider and comment upon the written procedures provided by USBFS describing various tools used by USBFS which are designed to (i) promote the detection and reporting of potential money laundering activity and identity theft by monitoring certain aspects of shareholder activity as well as written procedures for verifying a customer’s identity and (ii) preventing identity theft (collectively, the “Procedures”). Further, the Trust and USBFS have each has determined that the Procedures, as part of the Trust’s overall Antianti-Money Laundering Program money laundering program and Red Flag Identity Theft Prevention Programprogram, are reasonably designed to: (i) to prevent each Fund the Trust from being used for money laundering or the financing of terrorist activities; (ii) prevent identity theft; activities and (iii) to achieve compliance with the applicable provisions of the Bank Secrecy Act, Fair and Accurate Credit Transactions Act of 2003 and the USA Patriot PATRIOT Act of 2001 and the implementing regulations thereunder. Based on this determination, the Trust hereby instructs and directs USBFS to implement the Procedures on the Trust’s behalf, as such may be amended or revised from time to time. It is contemplated that these Procedures will be amended from time to time by the parties as additional regulations are adopted and/or regulatory guidance is provided relating to the Trust’s anti-money laundering and identity theft responsibilities. USBFS agrees to provide to the Trust:
(a) Prompt written notification of any transaction or combination of transactions that USBFS believes, based on the Procedures, evidence money laundering or identity theft activities in connection with the Trust or any Fund shareholdershareholder of a Fund;
(b) Prompt written notification of any customer(s) that USBFS reasonably believes, based upon the Procedures, to be engaged in money laundering or identity theft activities, provided that the Trust agrees not to communicate this information to the customer;
(c) Any reports received by USBFS from any government agency or applicable industry self-regulatory organization pertaining to USBFS’ Anti’s anti-Money Laundering Program money laundering monitoring or the Red Flag Identity Theft Prevention Program on behalf of the Trust;
(d) Prompt written notification of any action taken in response to anti-money laundering violations or identity theft activity as described in (a), (b) or (c) immediately above); and
(e) Certified annual and quarterly reports of its monitoring and customer identification activities pursuant to the Procedures on behalf of the Trust. The Trust hereby directs, and USBFS acknowledges, that USBFS shall (i) permit federal regulators access to such information and records maintained by USBFS and relating to USBFS’ ’s implementation of the Procedures, on behalf of the Trust, as they may request, and (ii) permit such federal regulators to inspect USBFS’ ’s implementation of the Procedures on behalf of the Trust. Except to the extent modified hereby, the Agreement shall remain in full force and effect.
Appears in 1 contract
Samples: Transfer Agent Servicing Agreement (New Covenant Funds)
Anti-Money Laundering and Red Flag Identity Theft Prevention Programs. The Trust acknowledges that it has had an opportunity to review, consider and comment upon the written procedures provided by USBFS describing various tools used by USBFS which are designed to promote the detection and reporting of potential money laundering activity and identity theft by monitoring certain aspects of shareholder activity as well as written procedures for verifying a customer’s identity (collectively, the “Procedures”). Further, the Trust and USBFS have each determined that the Procedures, as part of the Trust’s overall Anti-Money Laundering Program and Red Flag Identity Theft Prevention Program, are reasonably designed to: (i) prevent each Fund from being used for money laundering or the financing of terrorist activities; (ii) prevent identity theft; and (iii) achieve compliance with the applicable provisions of the Bank Secrecy Act, Fair and Accurate Credit Transactions Act of 2003 and the USA Patriot Act of 2001 and the implementing regulations thereunder. \ Based on this determination, the Trust hereby instructs and directs USBFS to implement the Procedures on the Trust’s behalf, as such may be amended or revised from time to time. It is contemplated that these Procedures will be amended from time to time by the parties as additional regulations are adopted and/or regulatory guidance is provided relating to the Trust’s anti-money laundering and identity theft responsibilities. USBFS agrees to provide to the Trust:
(a) Prompt written notification of any transaction or combination of transactions that USBFS believes, based on the Procedures, evidence money laundering or identity theft activities in connection with the Trust or any Fund shareholder;
(b) Prompt written notification of any customer(s) that USBFS reasonably believes, based upon the Procedures, to be engaged in money laundering or identity theft activities, provided that the Trust agrees not to communicate this information to the customer;
(c) Any reports received by USBFS from any government agency or applicable industry self-regulatory organization pertaining to USBFS’ Anti-Money Laundering Program or the Red Flag Identity Theft Prevention Program on behalf of the Trust;
(d) Prompt written notification of any action taken in response to anti-money laundering violations or identity theft activity as described in (a), (b) or (c) immediately above; and
(e) Certified annual and quarterly reports of its monitoring and customer identification activities pursuant to the Procedures on behalf of the Trust. The Trust hereby directs, and USBFS acknowledges, that USBFS shall (i) permit federal regulators access to such information and records maintained by USBFS and relating to USBFS’ implementation of the Procedures, on behalf of the Trust, as they may request, and (ii) permit such federal regulators to inspect USBFS’ implementation of the Procedures on behalf of the Trust.
Appears in 1 contract
Samples: Transfer Agent Servicing Agreement (Appleton Funds)
Anti-Money Laundering and Red Flag Identity Theft Prevention Programs. The Trust acknowledges that it has had an opportunity to review, consider and comment upon the written procedures provided by USBFS describing various tools used by USBFS which that are designed to promote the detection and reporting of potential money laundering activity and identity theft by monitoring certain aspects of shareholder activity activity, as well as FINAL written procedures for verifying a customer’s identity (collectively, the “Procedures”). Further, the Trust and USBFS have each determined that the Procedures, as part of the Trust’s overall Antianti-Money Laundering Program money laundering program and Red Flag Identity Theft Prevention Programprogram, are reasonably designed to: (i) prevent each the Fund from being used for money laundering or the financing of terrorist activities; (ii) prevent identity theft; and (iii) achieve compliance with the applicable provisions of the Bank Secrecy Act, Fair and Accurate Credit Transactions Act of 2003 and the USA Patriot Act of 2001 and the implementing regulations thereunder. Based on this determination, the Trust hereby instructs and directs USBFS to implement the Procedures on the Trust’s behalf, as such may be amended or revised from time to time. It is contemplated that these Procedures will be amended from time to time by the parties as additional regulations are adopted and/or regulatory guidance is provided relating to the Trust’s anti-money laundering and identity theft responsibilities. USBFS agrees to provide to the Trust:
(a) A. Prompt written notification of any transaction or combination of transactions that USBFS believes, based on the Procedures, evidence money laundering laundering, activity that may warrant a suspicious activity report or identity theft activities in connection with the Trust or any Fund shareholdershareholder of the Fund;
(b) B. Prompt written notification of any customer(s) that USBFS reasonably believes, based upon the Procedures, to be engaged in money laundering laundering, activity that may warrant a suspicious activity report or identity theft activities, provided that the Trust agrees not to communicate this information to the customer;
(c) C. Any reports received by USBFS from any government agency or applicable industry self-regulatory organization pertaining to USBFS’ Anti’s anti-Money Laundering Program money laundering monitoring or the Red Flag Identity Theft Prevention Program on behalf of the Trust;
(d) D. Prompt written notification of any action taken in response to anti-money laundering violations or identity theft activity as described in (a)subsections 5.A, (b) B or (c) immediately C above; and;
(e) E. Certified annual and quarterly reports of its monitoring and customer identification activities pursuant to the Procedures on behalf of the Trust; and
F. Prompt written notification of any material changes to the Procedures. The Trust hereby directs, and USBFS acknowledges, that USBFS shall shall: (i) permit federal regulators access to such information and records maintained by USBFS and relating to USBFS’ ’s implementation of the Procedures, on behalf of the Trust, as they may request, ; and (ii) permit such federal regulators to inspect USBFS’ ’s implementation of the Procedures on behalf of the Trust.
Appears in 1 contract
Samples: Transfer Agent Servicing Agreement (Stone Ridge Trust II)
Anti-Money Laundering and Red Flag Identity Theft Prevention Programs. The Trust Company acknowledges that it has had an opportunity to review, consider and comment upon the written procedures provided by USBFS describing various tools used by USBFS which are designed to promote the detection and reporting of potential money laundering activity and identity theft by monitoring certain aspects of shareholder activity as well as written procedures for verifying a customer’s identity (collectively, the “Procedures”). Further, the Trust Company and USBFS have each determined that the Procedures, as part of the TrustCompany’s overall Anti-Money Laundering Program and Red Flag Identity Theft Prevention Programprogram, are reasonably designed to: (i) prevent each the Fund from being used for money laundering or the financing of terrorist activities; (ii) prevent identity theft; and (iii) achieve compliance with the applicable provisions of the Bank Secrecy Act, Fair and Accurate Credit Transactions Act of 2003 and the USA Patriot Act of 2001 and the implementing regulations thereunder. Based on this determination, the Trust Company hereby instructs and directs USBFS to implement the Procedures and the Red Flag Identity Theft Prevention Program on the TrustCompany’s behalf, as such may be amended or revised from time to time. It is contemplated that these Procedures will be amended from time to time by the parties as additional regulations are adopted and/or regulatory guidance is provided relating to the TrustCompany’s anti-money laundering and identity theft responsibilities. USBFS agrees to provide to the TrustCompany:
(a) Prompt written notification of any transaction or combination of transactions that USBFS believes, based on the Procedures, evidence money laundering or identity theft activities in connection with the Trust Company or any Fund shareholder;
(b) Prompt written notification of any customer(s) that USBFS reasonably believes, based upon the Procedures, to be engaged in money laundering or identity theft activities, provided that the Trust Company agrees not to communicate this information to the customer;
(c) Any reports received by USBFS from any government agency or applicable industry self-regulatory organization pertaining to USBFS’ Anti-Money Laundering Program Monitoring or the Red Flag Identity Theft Prevention Program on behalf of the TrustCompany;
(d) Prompt written notification of any action taken in response to anti-money laundering violations or identity theft activity as described in (a), (b) or (c) immediately above; and
(e) Certified annual and quarterly reports of its monitoring and customer identification activities pursuant to the Procedures on behalf of the TrustCompany. The Trust Company hereby directs, and USBFS acknowledges, that USBFS shall (i) permit federal regulators access to such information and records maintained by USBFS and relating to USBFS’ implementation of the Procedures, on behalf of the TrustCompany, as they may request, and (ii) permit such federal regulators to inspect USBFS’ implementation of the Procedures on behalf of the TrustCompany.
Appears in 1 contract
Samples: Transfer Agent Servicing Agreement (Frontegra Funds Inc)
Anti-Money Laundering and Red Flag Identity Theft Prevention Programs. The Trust acknowledges that it has had an opportunity to review, consider and comment upon the written procedures provided by USBFS describing various tools used by USBFS which are designed to promote the detection and reporting of potential money laundering activity and identity theft by monitoring certain aspects of shareholder activity as well as written procedures for verifying a customer’s identity (collectively, the “Procedures”). Further, the Trust and USBFS have each has determined that the Procedures, as part of the Trust’s overall Antianti-Money Laundering Program money laundering program and Red Flag Identity Theft Prevention Program, are reasonably designed to: (i) to prevent each Fund the Trust from being used for money laundering or the financing of terrorist activities; (ii) prevent identity theft; activities and (iii) to achieve compliance with the applicable provisions of the Bank Secrecy Act, Fair and Accurate Credit Transactions Act of 2003 and the USA Patriot Act of 2001 and the implementing regulations thereunder. Based on this determination, the Trust hereby instructs and directs USBFS to implement the Procedures on the Trust’s behalf, as such may be amended or revised from time to time. It is contemplated that these Procedures will be amended from time to time by the parties as additional regulations are adopted and/or regulatory guidance is provided relating to the Trust’s anti-money laundering and identity theft responsibilities. USBFS agrees to provide to the Trust:
(a) Prompt written notification of any transaction or combination of transactions that USBFS believes, based on the Procedures, evidence money laundering or identity theft activities in connection with the Trust or any Fund shareholdershareholder of the Fund;
(b) Prompt written notification of any customer(s) that USBFS reasonably believes, based upon the Procedures, to be engaged in money laundering or identity theft activities, provided that the Trust agrees not to communicate this information to the customer;
(c) Any reports received by USBFS from any government agency or applicable industry self-regulatory organization pertaining to USBFS’ Anti’s anti-Money Laundering Program money laundering monitoring or the Red Flag Identity Theft Prevention Program on behalf of the Trust;
(d) Prompt written notification of any action taken in response to anti-money laundering violations or identity theft activity as described in (a), (b) or (c) immediately above); and
(e) Certified annual and quarterly reports of its monitoring and customer identification activities pursuant to the Procedures on behalf of the Trust. The Trust hereby directs, and USBFS acknowledges, that USBFS shall (i) permit federal regulators access to such information and records maintained by USBFS and relating to USBFS’ ’s implementation of the Procedures, on behalf of the Trust, as they may request, and (ii) permit such federal regulators to inspect USBFS’ ’s implementation of the Procedures on behalf of the Trust. Except to the extent amended hereby, the Agreement shall remain in full force and effect.
Appears in 1 contract
Anti-Money Laundering and Red Flag Identity Theft Prevention Programs. The Trust Fund acknowledges that it has had an opportunity to review, consider and comment upon the written procedures provided by USBFS describing various tools used by USBFS which are designed to promote the detection and reporting of potential money laundering activity and identity theft by monitoring certain aspects of shareholder activity as well as written procedures for verifying a customer’s identity (collectively, the “Procedures”). Further, the Trust and USBFS have each determined that the Procedures, as part of the Trust’s overall Anti-Money Laundering Program and Red Flag Identity Theft Prevention Program, are reasonably designed to: (i) prevent each The Fund from being used for money laundering or the financing of terrorist activities; (ii) prevent identity theft; and (iii) achieve compliance with the applicable provisions of the Bank Secrecy Act, Fair and Accurate Credit Transactions Act of 2003 and the USA Patriot Act of 2001 and the implementing regulations thereunder. Based on this determination, the Trust hereby instructs and directs USBFS to implement the Procedures written procedures provided by USBFS describing various tools used by USBFS which are designed to promote the detection and reporting of potential money laundering activity by monitoring certain aspects of shareholder activity as well as written procedures for verifying a customer’s identity (collectively, the “Procedures”) on the TrustFund’s behalf, as such may be amended or revised from time to time. It is contemplated that these Procedures will be amended from time to time by the parties as additional regulations are adopted and/or regulatory guidance is provided relating to the Trust’s anti-money laundering and identity theft responsibilities. USBFS agrees to provide to the TrustFund:
(a) A. Prompt written notification of any transaction or combination of transactions that USBFS believes, based on the Procedures, evidence money laundering or identity theft activities in connection with the Trust Fund or any Fund shareholdershareholder of the Fund;
(b) B. Prompt written notification of any customer(s) that USBFS reasonably believes, based upon the Procedures, to be engaged in money laundering or identity theft activities, provided that the Trust Fund agrees not to communicate this information to the customer;
(c) C. Any reports received by USBFS from any government agency or applicable industry self-regulatory organization pertaining to USBFS’ Anti’s anti-Money Laundering Program money laundering monitoring or the Red Flag Identity Theft Prevention Program on behalf of the TrustFund;
(d) D. Prompt written notification of any action taken in response to anti-money laundering violations or identity theft activity as described in (a), (b) or (c) immediately above); and
(e) E. Certified annual and quarterly reports of its monitoring and customer identification activities pursuant to the Procedures on behalf of the TrustFund. USBFS shall provide such other reports on the monitoring and customer identification activities conducted at the direction of the Fund as may be agreed from time to time by USBFS and the Fund. The Trust Fund hereby directs, and USBFS acknowledgesacknowledges and agrees, that USBFS shall (i) permit federal regulators access to such information and records maintained by USBFS and relating to USBFS’ ’s implementation of the Procedures, on behalf of the TrustFund, as they may lawfully request, and (ii) permit such federal regulators to inspect USBFS’ ’s implementation of the Procedures on behalf of the Trust.Fund. DOUBLELINE SHILLER CAPE® ENHANCED INCOME FUND 2 basis points on average total managed assets* (based on the comprehensive services provided to the Fund by USBFS and U.S. Bank as Custodian (the full custody fee schedule is referenced in the custody agreement, as amended from time to time)). All schedules subject to change depending upon the use of unique security types requiring special pricing or accounting arrangements. Pricing Services ◾ $0.07 – Domestic Equities, Options, Foreign Equities, Futures, Forwards, Currency Rates, ADRs, Total Return Swaps ◾ $0.45 – Domestic Corporates, Domestic Governments and Agency, Mortgage Backed, Domestic Convertibles, Municipal Bonds ◾ $0.70 – CMOs, Money Market Instruments, Asset Backed, High Yield Bonds, Foreign Corporates, Foreign Governments, Foreign Agencies, Foreign Convertibles ◾ $0.90 – Interest Rate Swaps, Foreign Currency Swaps ◾ $1.00 – Bank Loans ◾ $1.50 – Swaptions ◾ $1.50 – Intraday money market funds pricing, up to 3 times per day ◾ $2.25 – Credit Default Swaps ◾ $125 per Month Manual Security Pricing (>10per day) ◾ No Charge – Corporate Action Services Third Party Administrative Data Charges (descriptive data for each security) ◾ $1 per security per month for fund administrative data (based upon U.S. Bancorp standard data services and are subject to change) Note: Prices above are based on using U.S. Bank primary pricing service which may vary by security type and are subject to change. Use of alternative and/or additional sources may result in additional fees. Pricing vendors may designate certain securities as hard to value or as a non-standard security type, such as CLOs and CDOs, which may result in additional fees. Electronic Board Book Portal - Waived
Appears in 1 contract
Samples: Master Services Agreement (DoubleLine Shiller CAPE Enhanced Income Fund)
Anti-Money Laundering and Red Flag Identity Theft Prevention Programs. The Trust acknowledges that it has had an opportunity to review, consider and comment upon the written procedures provided by USBFS describing various tools used by USBFS which that are designed to promote the detection and reporting of potential money laundering FINAL activity and identity theft by monitoring certain aspects of shareholder activity activity, as well as written procedures for verifying a customer’s identity (collectively, the “Procedures”). Further, the Trust and USBFS have each determined that the Procedures, as part of the Trust’s overall Antianti-Money Laundering Program money laundering program and Red Flag Identity Theft Prevention Programprogram, are reasonably designed to: (i) prevent each Fund from being used for money laundering or the financing of terrorist activities; (ii) prevent identity theft; and (iii) achieve compliance with the applicable provisions of the Bank Secrecy Act, Fair and Accurate Credit Transactions Act of 2003 and the USA Patriot Act of 2001 and the implementing regulations thereunder. Based on this determination, the Trust hereby instructs and directs USBFS to implement the Procedures on the Trust’s behalf, as such may be amended or revised from time to time. It is contemplated that these Procedures will be amended from time to time by the parties as additional regulations are adopted and/or regulatory guidance is provided relating to the Trust’s anti-money laundering and identity theft responsibilities. USBFS agrees to provide to the Trust:
(a) A. Prompt written notification of any transaction or combination of transactions that USBFS believes, based on the Procedures, evidence money laundering laundering, activity that may warrant a suspicious activity report or identity theft activities in connection with the Trust or any Fund shareholdershareholder of the Funds;
(b) B. Prompt written notification of any customer(s) that USBFS reasonably believes, based upon the Procedures, to be engaged in money laundering laundering, activity that may warrant a suspicious activity report or identity theft activities, provided that the Trust agrees not to communicate this information to the customer;
(c) C. Any reports received by USBFS from any government agency or applicable industry self-regulatory organization pertaining to USBFS’ Anti’s anti-Money Laundering Program money laundering monitoring or the Red Flag Identity Theft Prevention Program on behalf of the Trust;
(d) D. Prompt written notification of any action taken in response to anti-money laundering violations or identity theft activity as described in (a)subsections 5.A, (b) B or (c) immediately C above; and;
(e) E. Certified annual and quarterly reports of its monitoring and customer identification activities pursuant to the Procedures on behalf of the Trust; and
F. Prompt written notification of any material changes to the Procedures. The Trust hereby directs, and USBFS acknowledges, that USBFS shall shall: (i) permit federal regulators access to such information and records maintained by USBFS and relating to USBFS’ ’s implementation of the Procedures, on behalf of the Trust, as they may request, ; and (ii) permit such federal regulators to inspect USBFS’ ’s implementation of the Procedures on behalf of the Trust.
Appears in 1 contract
Samples: Transfer Agent Servicing Agreement (Stone Ridge Trust)
Anti-Money Laundering and Red Flag Identity Theft Prevention Programs. The Trust acknowledges that it has had an opportunity to review, consider and comment upon the written procedures provided by USBFS describing various tools used by USBFS which are designed to promote the detection and reporting of potential money laundering activity and identity theft by monitoring certain aspects of shareholder activity as well as written procedures for verifying a customer’s identity (collectively, the “Procedures”). Further, the Trust and USBFS have each has determined that the Procedures, as part of the Trust’s overall Antianti-Money Laundering Program money laundering program and Red Flag Identity Theft Prevention Programprogram, are reasonably designed to: (i) to prevent each a Fund from being used for money laundering or the financing of terrorist activities; (ii) prevent identity theft; activities and (iii) to achieve compliance with the applicable provisions of the Bank Secrecy Act, Fair and Accurate Credit Transactions Act of 2003 and the USA Patriot Act of 2001 and the implementing regulations thereunder. Based on this determination, the Trust hereby instructs and directs USBFS to implement the Procedures on the Trust’s behalf, as such may be amended or revised from time to time. It is contemplated that these Procedures will be amended from time to time by the parties as additional regulations are adopted and/or regulatory guidance is provided relating to the Trust’s anti-money laundering and identity theft responsibilities. USBFS agrees to provide to the Trust:
(a) A. Prompt written notification of any transaction or combination of transactions that USBFS believes, based on the Procedures, evidence money laundering or identity theft activities in connection with the Trust or any Fund shareholdershareholder of a Fund;
(b) B. Prompt written notification of any customer(s) that USBFS reasonably believes, based upon the Procedures, to be engaged in money laundering or identity theft activities, provided that the Trust agrees not to communicate this information to the customer;
(c) C. Any reports received by USBFS from any government agency or applicable industry self-regulatory organization pertaining to USBFS’ Anti’s anti-Money Laundering Program money laundering monitoring or the Red Flag Identity Theft Prevention Program on behalf of the Trust;
(d) D. Prompt written notification of any action taken in response to anti-money laundering violations or identity theft activity as described in (a), (b) or (c) immediately above); and
(e) E. Certified annual and quarterly reports of its monitoring and customer identification activities pursuant to the Procedures on behalf of the Trust. The Trust hereby directs, and USBFS acknowledges, that USBFS shall (i) permit federal regulators access to such information and records maintained by USBFS and relating to USBFS’ ’s implementation of the Procedures, on behalf of the Trust, as they may request, and (ii) permit such federal regulators to inspect USBFS’ ’s implementation of the Procedures on behalf of the Trust.
Appears in 1 contract
Anti-Money Laundering and Red Flag Identity Theft Prevention Programs. The Trust Fund acknowledges that it has had an opportunity to review, consider and comment upon the written procedures provided by USBFS describing various tools used by USBFS which are designed to promote the detection and reporting of potential money laundering activity and identity theft by monitoring certain aspects of shareholder activity as well as written procedures for verifying a customer’s identity (collectively, the “Procedures”). Further, the Trust and USBFS have each Fund has determined that the Procedures, as part of the TrustFund’s overall Antianti-Money Laundering Program money laundering program and Red Flag Identity Theft Prevention Programprogram, are reasonably designed to: (i) to prevent each the Fund from being used for money laundering or the financing of terrorist activities; (ii) prevent identity theft; activities and (iii) to achieve compliance with the applicable provisions of the Bank Secrecy Act, Fair and Accurate Credit Transactions Act of 2003 and the USA Patriot Act of 2001 and the implementing regulations thereunder. Based on this determination, the Trust Fund hereby instructs and directs USBFS to implement the Procedures on the TrustFund’s behalf, as such may be amended or revised from time to time. It is contemplated that these Procedures will be amended from time to time by the parties as additional regulations are adopted and/or regulatory guidance is provided relating to the TrustFund’s anti-money laundering and identity theft responsibilities. USBFS agrees to provide to the TrustFund:
(a) A. Prompt written notification of any transaction or combination of transactions that USBFS believes, based on the Procedures, evidence money laundering or identity theft activities in connection with the Trust Fund or any Fund shareholdershareholder of the Fund;
(b) B. Prompt written notification of any customer(s) that USBFS reasonably believes, based upon the Procedures, to be engaged in money laundering or identity theft activities, provided that the Trust Fund agrees not to communicate this information to the customer;
(c) C. Any reports received by USBFS from any government agency or applicable industry self-regulatory organization pertaining to USBFS’ Anti’s anti-Money Laundering Program money laundering monitoring or the Red Flag Identity Theft Prevention Program on behalf of the TrustFund;
(d) D. Prompt written notification of any action taken in response to anti-money laundering violations or identity theft activity as described in (a), (b) or (c) immediately above); and
(e) E. Certified annual and quarterly reports of its monitoring and customer identification activities pursuant to the Procedures on behalf of the TrustFund. The Trust Fund hereby directs, and USBFS acknowledges, that USBFS shall (i) permit federal regulators access to such information and records maintained by USBFS and relating to USBFS’ ’s implementation of the Procedures, on behalf of the TrustFund, as they may request, and (ii) permit such federal regulators to inspect USBFS’ ’s implementation of the Procedures on behalf of the TrustFund.
Appears in 1 contract
Samples: Transfer Agent Servicing Agreement (Barrett Opportunity Fund, Inc.)
Anti-Money Laundering and Red Flag Identity Theft Prevention Programs. The Trust acknowledges that it has had an opportunity to review, consider and comment upon the written procedures provided by USBFS describing various tools used by USBFS which are designed to promote the detection and reporting of potential money laundering activity and identity theft by monitoring certain aspects of shareholder activity as well as written procedures for verifying a customer’s identity (collectively, the “Procedures”). Further, the Trust and USBFS have each has determined that the Procedures, as part of the Trust’s overall Antianti-Money Laundering Program money laundering program and Red Flag Identity Theft Prevention Programprogram, are reasonably designed to: (i) to prevent each a Fund from being used for money laundering or the financing of terrorist activities; (ii) prevent identity theft; activities and (iii) to achieve compliance with the applicable provisions of the Bank Secrecy Act, Fair and Accurate Credit Transactions Act of 2003 and the USA Patriot Act of 2001 and the implementing regulations thereunder. Based on this determination, the Trust hereby instructs and directs USBFS to implement the Procedures on the Trust’s behalf, as such may be amended or revised from time to time. It is contemplated that these Procedures will be amended from time to time by the parties as additional regulations are adopted and/or regulatory guidance is provided relating to the Trust’s anti-money laundering and identity theft responsibilities. USBFS agrees to provide to the Trust:
(a) A. Prompt written notification of any transaction or combination of transactions that USBFS believes, based on the Procedures, evidence money laundering or identity theft activities in connection with the Trust or any Fund shareholdershareholder of the Fund;
(b) B. Prompt written notification of any customer(s) that USBFS reasonably believes, based upon the Procedures, to be engaged in money laundering or identity theft activities, provided that the Trust agrees not to communicate this information to the customer;
(c) C. Any reports received by USBFS from any government agency or applicable industry self-regulatory organization pertaining to USBFS’ Anti’s anti-Money Laundering Program money laundering monitoring or the Red Flag Identity Theft Prevention Program on behalf of the Trust;
(d) D. Prompt written notification of any action taken in response to anti-money laundering violations or identity theft activity as described in (a), (b) or (c) immediately above); and
(e) E. Certified annual and quarterly reports of its monitoring and customer identification activities pursuant to the Procedures on behalf of the Trust. The Trust hereby directs, and USBFS acknowledges, that USBFS shall (i) permit federal regulators access to such information and records maintained by USBFS and relating to USBFS’ ’s implementation of the Procedures, on behalf of the Trust, as they may request, and (ii) permit such federal regulators to inspect USBFS’ ’s implementation of the Procedures on behalf of the Trust.
Appears in 1 contract
Samples: Transfer Agent Servicing Agreement (Lord Asset Management Trust)
Anti-Money Laundering and Red Flag Identity Theft Prevention Programs. The Trust Fund acknowledges that it has had an opportunity to review, review and consider and comment upon the written procedures provided by USBFS describing various tools used by USBFS which are designed to promote the detection and reporting of potential money laundering activity and identity theft by monitoring certain aspects of shareholder activity as well as written procedures for verifying a customer’s identity (collectively, the “Procedures”). Further, the Trust and USBFS have each Fund has determined that the Procedures, as part of the TrustFund’s overall Antianti-Money Laundering Program money laundering program and Red Flag Identity Theft Prevention Programprogram, are reasonably designed to: (i) prevent each the Fund from being used for money laundering or the financing of terrorist activities; (ii) prevent identity theft; and (iii) to achieve compliance with the applicable provisions of the Bank Secrecy Act, Fair and Accurate Credit Transactions Act of 2003 and the USA Patriot Act of 2001 and the implementing regulations thereunder. Based on this determination, the Trust Fund hereby instructs and directs USBFS to implement the Procedures Procedures, as applicable on the TrustFund’s behalf, as such may be amended or revised from time to time. It is contemplated that these Procedures will be amended from time to time by the parties USBFS as additional regulations are adopted and/or regulatory guidance is provided relating to the TrustFund’s anti-money laundering and identity theft responsibilities.. Should the Fund desire that USBFS perform services not provided for in the Procedures, such additional services and the associated cost must be specifically detailed in the attached fee schedule. USBFS USFBS agrees to provide to the TrustFund:
(a) Prompt written notification of any transaction or combination of transactions that USBFS USFBS believes, based on the Procedures, evidence money laundering laundering, activity that may warrant a suspicious activity report or identity theft activities in connection with the Trust Fund or any Fund shareholdershareholder of the Fund;
(b) Prompt written notification of any customer(s) that USBFS USFBS reasonably believes, based upon the Procedures, to be engaged in money laundering laundering, activity that may warrant a suspicious activity report or identity theft activities, provided that the Trust Fund agrees not to communicate this information to the such customer;
(c) Any reports received by USBFS USFBS from any government agency or applicable industry self-regulatory organization pertaining to USBFS’ AntiFund Services anti-Money Laundering Program money laundering monitoring or the Red Flag Identity Theft Prevention Program on behalf of the TrustFund;
(d) Prompt written notification of any action taken in response to anti-money laundering violations or identity theft activity as described in (a), (b) or (c) immediately above); and
(e) Certified annual and quarterly reports of its monitoring and customer identification activities pursuant to the Procedures on behalf of the TrustFund, including an annual certification that USFBS has applied and followed the Procedures during the relevant reporting period. The Trust Fund acknowledges and agrees that although it is directing USBFS to implement the Procedures on its behalf, USBFS is implementing the Procedures as a service provider to the Fund and the Fund is and remains ultimately responsible for complying with all applicable laws, rules, and regulations with respect to anti-money laundering, customer identification, identity theft prevention, economic sanctions, and terrorist financing, whether under the AML Rules, or otherwise, such as, the establishment and board adoption of its own formal anti-money laundering program and the designation of its own anti-money laundering officer, as applicable. The Fund further acknowledges and agrees that certain portions of the Procedures are applicable to certain products, entities, structures, or geographies and, accordingly, certain portions of the Procedures may not be implemented with respect to the Fund. The Fund has had the opportunity to discuss the Procedures with USBFS, and the Fund understands and agrees which portions of the Procedures may not be implemented on behalf of the Fund. Without limitation of the foregoing, USBFS shall not be responsible for providing anti-money laundering or customer identification services with respect to certain intermediary or dealer-controlled customer accounts (i.e., level 0 sub-accounts through the Fund/SERV system operated by the National Securities Clearing Corporation) and other fund client relationships where there is a sub-transfer agency or similar arrangement between the Fund and the intermediary. The Fund hereby directs, and USBFS acknowledges, that USBFS shall (i) permit federal regulators access to such information and records maintained by USBFS and relating to USBFS’ implementation of the Procedures, on behalf of the TrustFund, as they may request, and (ii) permit such federal regulators to inspect USBFS’ implementation of the Procedures on behalf of the TrustFund.
Appears in 1 contract
Samples: Transfer Agent Servicing Agreement (Onex Falcon Direct Lending BDC Fund)
Anti-Money Laundering and Red Flag Identity Theft Prevention Programs. The Trust acknowledges that it has they have had an opportunity to review, consider and comment upon the written procedures provided by USBFS describing various tools used by USBFS which are designed to promote the detection and reporting of potential money laundering activity and identity theft by monitoring certain aspects of shareholder activity as well as written procedures for verifying a customer’s identity (collectively, the “Procedures”). Further, the Trust and USBFS have each determined that the Procedures, as part of the Trust’s overall Antianti-Money Laundering Program money laundering program and Red Flag Identity Theft Prevention Programprogram, are reasonably designed to: (i) to prevent each Fund the Trust from being used for money laundering or the financing of terrorist activities; (ii) prevent identity theft; activities and (iii) to achieve compliance with the applicable provisions of the Bank Secrecy Act, the Fair and Accurate Credit Transactions Act of 2003 and the USA Patriot Act of 2001 and the 2001, as well as any implementing regulations thereunderthereunder(together “AML Rules”). Based on this determination, the Trust hereby instructs and directs USBFS to implement the Procedures on the Trust’s behalf, as such may be amended or revised from time to time. It is contemplated that these Procedures will be amended from time to time by the parties as additional regulations are adopted and/or regulatory guidance is provided relating to the Trust’s anti-money laundering and identity theft responsibilities. USBFS agrees to provide to the Trust:
(a) A. Prompt written notification of any transaction or combination of transactions that USBFS believes, based on the Procedures, evidence money laundering or identity theft activities in connection with the Trust or any Fund shareholder;
(b) B. Prompt written notification of any customer(s) that USBFS reasonably believes, based upon the Procedures, to be engaged in money laundering or identity theft activities, provided that the Trust agrees not to communicate this information to the customer;
(c) C. Any reports received by USBFS from any government agency or applicable industry self-regulatory organization pertaining to USBFS’ Antianti-Money Laundering Program money laundering monitoring or the Red Flag Identity Theft Prevention Program on behalf of the Trust;
(d) D. Prompt written notification of any action taken in response to anti-money laundering violations or identity theft activity as described in (aA), (bB) or (c) immediately aboveC); and
(e) Certified annual and quarterly reports Should the Trust’s desire that USBFS perform services not provided for in the Procedures or otherwise set out herein, such additional services and the associated cost must be specifically detailed in the attached fee schedule. The Trust acknowledges and agrees that although the Trust is directing USBFS to implement the Procedures on the Trust’s behalf, USBFS is implementing the Procedures as a service provider to the Trust and the Trust is and remains ultimately responsible for complying with all applicable laws, rules, and regulations with respect to anti-money laundering, customer identification, identity theft prevention, economic sanctions, and terrorist financing, whether under the AML Rules, or otherwise, such as, the establishment and board adoption of its monitoring own formal anti-money laundering program and customer identification activities pursuant the designation of its own anti-money laundering officer, as applicable. The Trust further acknowledges and agrees that certain portions of the Procedures are applicable to certain products, entities, structures, or geographies and, accordingly, certain portions of the Procedures may not be implemented with respect to the Trust. The Trust has had the opportunity to discuss the Procedures with USBFS, and the Trust understands and agrees which portions of the Procedures may not be implemented on behalf of the Trust. Without limitation of the foregoing, USBFS shall not be responsible for providing anti-money laundering or customer identification services with respect to certain intermediary or dealer-controlled customer accounts (i.e., level 0 sub-accounts through the Fund/SERV system operated by the National Securities Clearing Corporation) and other fund client relationships where there is a sub-transfer agency or similar arrangement between the Trust and the intermediary. The Trust hereby directs, and USBFS acknowledges, that USBFS shall (i) permit federal regulators access to such information and records maintained by USBFS and relating to USBFS’ implementation of the Procedures, on behalf of the Trust, as they may request, and (ii) permit such federal regulators to inspect USBFS’ implementation of the Procedures on behalf of the Trust.
Appears in 1 contract
Samples: Transfer Agent Servicing Agreement (Calamos-Avenue Opportunities Fund)
Anti-Money Laundering and Red Flag Identity Theft Prevention Programs. The Trust acknowledges that it has had an opportunity to review, consider and comment upon the written procedures provided by USBFS describing various tools used by USBFS which are designed to promote the detection and reporting of potential money laundering activity and identity theft by monitoring certain aspects of shareholder activity as well as written procedures for verifying a customer’s identity (collectively, the “Procedures”). Further, the Trust and USBFS have each has determined that the Procedures, as part of the Trust’s overall Antianti-Money Laundering Program money laundering program and the Red Flag Identity Theft Prevention Programprogram, are reasonably designed to: (i) to prevent each the Fund from being used for money laundering or the financing of terrorist activities; (ii) prevent identity theft; activities and (iii) to achieve compliance with the applicable provisions of the Bank Secrecy Act, Fair and Accurate Credit Transactions Act of 2003 and the USA Patriot Act of 2001 and the implementing regulations thereunder. Based on this determination, the Trust hereby instructs and directs USBFS to implement the Procedures on the Trust’s behalf, as such may be amended or revised from time to time. It is contemplated that these Procedures will be amended from time to time by the parties as additional regulations are adopted and/or regulatory guidance is provided relating to the Trust’s anti-money laundering and identity theft responsibilities. USBFS agrees to provide to the Trust:
(a) Prompt written notification of any transaction or combination of transactions that USBFS believes, based on the Procedures, evidence money laundering or identity theft activities in connection with the Trust or any Fund shareholdershareholder of the Fund;
(b) Prompt written notification of any customer(s) that USBFS reasonably believes, based upon the Procedures, to be engaged in money laundering or identity theft activities, provided that the Trust agrees not to communicate this information to the customer;
(c) Any reports received by USBFS from any government agency or applicable industry self-regulatory organization pertaining to USBFS’ Anti’s anti-Money Laundering Program money laundering monitoring or the Red Flag Identity Theft Prevention Program on behalf of the Trust;
(d) Prompt written notification of any action taken in response to anti-money laundering violations or identity theft activity as described in (a), (b) or (c) immediately above); and
(e) Certified annual and quarterly reports of its monitoring and customer identification activities pursuant to the Procedures on behalf of the Trust. The Trust hereby directs, and USBFS acknowledges, that USBFS shall (i) permit federal regulators access to such information and records maintained by USBFS and relating to USBFS’ ’s implementation of the Procedures, on behalf of the Trust, as they may request, and (ii) permit such federal regulators to inspect USBFS’ ’s implementation of the Procedures on behalf of the Trust. Except to the extent amended hereby, the Transfer Agent Agreement shall remain in full force and effect.
Appears in 1 contract
Samples: Transfer Agent Servicing Agreement (Advisors Series Trust)
Anti-Money Laundering and Red Flag Identity Theft Prevention Programs. The Trust acknowledges that it has had an opportunity to review, consider and comment upon the written procedures provided by USBFS describing various tools used by USBFS which are designed to promote the detection and reporting of potential money laundering activity and identity theft by monitoring certain aspects of shareholder activity as well as Praxis 11/1/12 3 written procedures for verifying a customer’s identity (collectively, the “Procedures”). Further, the Trust and USBFS have each determined that the Procedures, as part of the Trust’s overall Anti-Money Laundering Program and Red Flag Identity Theft Prevention Program, are reasonably designed to: (i) prevent each Fund from being used for money laundering or the financing of terrorist activities; (ii) prevent identity theft; and (iii) achieve compliance with the applicable provisions of the Bank Secrecy Act, Fair and Accurate Credit Transactions Act of 2003 and the USA Patriot Act of 2001 and the implementing regulations thereunder. Based on this determination, the Trust hereby instructs and directs USBFS to implement the Procedures on the Trust’s behalf, as such may be amended or revised from time to time. It is contemplated that these Procedures will be amended from time to time by the parties as additional regulations are adopted and/or regulatory guidance is provided relating to the Trust’s anti-money laundering and identity theft responsibilities. USBFS agrees to provide to the Trust:
(a) Prompt written notification of any transaction or combination of transactions that USBFS believes, based on the Procedures, evidence money laundering or identity theft activities in connection with the Trust or any Fund shareholder;
(b) Prompt written notification of any customer(s) that USBFS reasonably believes, based upon the Procedures, to be engaged in money laundering or identity theft activities, provided that the Trust agrees not to communicate this information to the customer;
(c) Any reports received by USBFS from any government agency or applicable industry self-regulatory organization pertaining to USBFS’ Anti-Money Laundering Program or the Red Flag Identity Theft Prevention Program on behalf of the Trust;
(d) Prompt written notification of any action taken in response to anti-money laundering violations or identity theft activity as described in (a), (b) or (c) immediately above; and
(e) Certified annual and quarterly reports of its monitoring and customer identification activities pursuant to the Procedures on behalf of the Trust. The Trust hereby directs, and USBFS acknowledges, that USBFS shall (i) permit federal regulators access to such information and records maintained by USBFS and relating to USBFS’ implementation of the Procedures, on behalf of the Trust, as they may request, and (ii) permit such federal regulators to inspect USBFS’ implementation of the Procedures on behalf of the Trust.. Praxis 11/1/12 4
Appears in 1 contract
Samples: Transfer Agent Servicing Agreement (Praxis Mutual Funds)
Anti-Money Laundering and Red Flag Identity Theft Prevention Programs. The Trust acknowledges that it has had an opportunity to review, consider and comment upon the written procedures provided by USBFS describing various tools used by USBFS which are designed to promote the detection and reporting of potential money laundering activity and identity theft by monitoring certain aspects of shareholder activity as well as written procedures for verifying a customer’s identity (collectively, the “Procedures”). Further, the Trust and USBFS have each has determined that the Procedures, as part of the Trust’s overall Antianti-Money Laundering Program money laundering program and Red Flag Identity Theft Prevention Programprogram, are reasonably designed to: (i) to prevent each the Fund from being used for money laundering or the financing of terrorist activities; (ii) prevent identity theft; activities and (iii) to achieve compliance with the applicable provisions of the Bank Secrecy Act, Fair and Accurate Credit Transactions Act of 2003 and the USA Patriot PATRIOT Act of 2001 and the implementing regulations thereunder. Based on this determination, the Trust hereby instructs and directs USBFS to implement the Procedures on the Trust’s behalf, as such may be amended or revised from time to time. It is contemplated that these Procedures will be amended from time to time by the parties as additional regulations are adopted and/or regulatory guidance is provided relating to the Trust’s anti-money laundering and identity theft responsibilities. USBFS agrees to provide to the Trust:
(a) A. Prompt written notification of any transaction or combination of transactions that USBFS believes, based on the Procedures, evidence money laundering or identity theft activities in connection with the Trust or any Fund shareholdershareholder of the Fund;
(b) B. Prompt written notification of any customer(s) that USBFS reasonably believes, based upon the Procedures, to be engaged in money laundering or identity theft activities, provided that the Trust agrees not to communicate this information to the customer;
(c) C. Any reports received by USBFS from any government agency or applicable industry self-regulatory organization pertaining to USBFS’ Anti’s anti-Money Laundering Program money laundering monitoring or the Red Flag Identity Theft Prevention Program on behalf of the Trust;
(d) D. Prompt written notification of any action taken in response to anti-money laundering violations or identity theft activity as described in (a), (b) or (c) immediately above); and
(e) E. Certified annual and quarterly reports of its monitoring and customer identification activities pursuant to the Procedures on behalf of the Trust. The Trust hereby directs, and USBFS acknowledges, that USBFS shall (i) permit federal regulators access to such information and records maintained by USBFS and relating to USBFS’ ’s implementation of the Procedures, on behalf of the Trust, as they may request, and (ii) permit such federal regulators to inspect USBFS’ ’s implementation of the Procedures on behalf of the Trust.
Appears in 1 contract
Samples: Transfer Agent Servicing Agreement (Brown Advisory Funds)
Anti-Money Laundering and Red Flag Identity Theft Prevention Programs. The Trust Company acknowledges that it has had an opportunity to review, consider and comment upon the written procedures provided by USBFS describing various tools used by USBFS which are designed to promote the detection and reporting of potential money laundering activity and identity theft by monitoring certain aspects of shareholder activity as well as written procedures for verifying a customer’s identity (collectively, the “Procedures”). Further, the Trust Company and USBFS have each determined that the Procedures, as part of the TrustCompany’s overall Antianti-Money Laundering Program money laundering program and Red Flag Identity Theft Prevention Programprogram, are reasonably designed to: (i) prevent each the Fund from being used for money laundering or the financing of terrorist activities; (ii) prevent identity theft; and (iii) to achieve compliance with the applicable provisions of the Bank Secrecy Act, Fair and Accurate Credit Transactions Act of 2003 and the USA Patriot Act of 2001 and the implementing regulations thereunder. Based on this determination, the Trust Company hereby instructs and directs USBFS to implement the Procedures on the TrustCompany’s behalf, as such may be amended or revised from time to time. It is contemplated that these Procedures will be amended from time to time by the parties as additional regulations are adopted and/or regulatory guidance is provided relating to the TrustCompany’s anti-money laundering and identity theft responsibilities. USBFS agrees to provide to the TrustCompany:
(a) Prompt written notification of any transaction or combination of transactions that USBFS believes, based on the Procedures, evidence money laundering or identity theft activities in connection with the Trust Company or any Fund shareholder;
(b) Prompt written notification of any customer(s) that USBFS reasonably believes, based upon the Procedures, to be engaged in money laundering or identity theft activities, provided that the Trust Company agrees not to communicate this information to the customer;
(c) Any reports received by USBFS from any government agency or applicable industry self-regulatory organization pertaining to USBFS’ Antianti-Money Laundering Program money laundering monitoring or the Red Flag Identity Theft Prevention Program on behalf of the TrustCompany;
(d) Prompt written notification of any action taken in response to anti-money laundering violations or identity theft activity as described in (a), (b) or (c) immediately above; and
(e) Certified annual and quarterly reports of its monitoring and customer identification activities pursuant to the Procedures on behalf of the TrustCompany. The Trust Company hereby directs, and USBFS acknowledges, that USBFS shall (i) permit federal regulators access to such information and records maintained by USBFS and relating to USBFS’ implementation of the Procedures, on behalf of the TrustCompany, as they may request, and (ii) permit such federal regulators to inspect USBFS’ implementation of the Procedures on behalf of the TrustCompany.
Appears in 1 contract
Samples: Transfer Agent Servicing Agreement (Ohio National Fund Inc)
Anti-Money Laundering and Red Flag Identity Theft Prevention Programs. The Trust acknowledges that it has had an opportunity to review, consider and comment upon the written procedures provided by USBFS describing various tools used by USBFS which are designed to promote the detection and reporting of potential money laundering activity and identity theft by monitoring certain aspects of shareholder activity as well as written procedures for verifying a customer’s identity (collectively, the “Procedures”). Further, the Trust and USBFS have each has determined that the Procedures, as part of the Trust’s overall Anti-Money Laundering Program and Red Flag Identity Theft Prevention Program, are reasonably designed to: (i) prevent each Fund from being used for money laundering or the financing of terrorist activities; (ii) prevent identity theft; and (iii) achieve compliance with the applicable provisions of the Bank Secrecy Act, Fair and Accurate Credit Transactions Act of 2003 and the USA Patriot Act of 2001 and the implementing regulations thereunder. Based on this determination, the Trust hereby instructs and directs USBFS to implement the Procedures on the Trust’s behalf, as such may be amended or revised from time to time. It is contemplated that these Procedures will be amended from time to time by the parties as additional regulations are adopted and/or regulatory guidance is provided relating to the Trust’s anti-money laundering and identity theft responsibilities. USBFS agrees to provide to the Trust:
(a) Prompt written notification of any transaction or combination of transactions that USBFS believes, based on the Procedures, evidence money laundering or identity theft activities in connection with the Trust or any Fund shareholder;
(b) Prompt written notification of any customer(s) that USBFS reasonably believes, based upon the Procedures, to be engaged in money laundering or identity theft activities, provided that the Trust agrees not to communicate this information to the customer;
(c) Any reports received by USBFS from any government agency or applicable industry self-regulatory organization pertaining to USBFS’ ’s Anti-Money Laundering Program or the Red Flag Identity Theft Prevention Program on behalf of the Trust;
(d) Prompt written notification of any action taken in response to anti-money laundering violations or identity theft activity as described in (a), (b) or (c) immediately above; and
(e) Certified annual and quarterly reports of its monitoring and customer identification activities pursuant to the Procedures on behalf of the Trust. USBFS acknowledges that it is responsible for :
(a) identifying patterns, practices or specific activities that indicate the possible existence of fraud or attempted fraud that may be associated with identity theft (“Red Flags”) based upon an on-going risk assessment that includes an analysis of various risk factors such as: (1) types of accounts; (2) methods to open accounts; (3) methods to access accounts; (4) previous experience with identity theft; (5) current experience with identity theft; and (6) anticipated experience with identity theft based upon information gathered from both inside and outside sources such as affiliates, law enforcement and industry meetings;
(b) detecting Red Flags through the following sources: (1) suspicious shareholder documentation; (2) suspicious shareholder transactions; (3) inconsistent shareholder information resulting from Anti-Money Laundering/Customer Identification Program reviews; (4) inability to authenticate shareholder via telephone, internet or documentation requiring a signature guarantee; (5) supervisory review and quality assurance checks; and (6) fraud/AML software exception reports;
(c) taking the necessary and appropriate action to respond to any Red Flag that may be indicative of identity theft including, among other actions, not opening an account, closing an account and/or filing a suspicious activity report (SAR-SF) with the Financial Crimes Enforcement Network (FinCEN). The USBFS AML Officer, Identity Theft Coordinator or one of their designees may contact the Trust to alert it to potential identity theft activity and to involve the appropriate Trust personnel in the process as necessary;
(d) modifying the Trust’s Red Flag Identity Theft Prevention Program (the “Program”) as directed by the Trust’s Identity Theft Prevention Program Coordinator or as recommended by USBFS’ AML Officer and Identity Theft Program Coordinator as a result of new, or changes in the patterns of, any Red Flags, information received from law enforcement, industry partners or victims of identity theft;
(e) providing quarterly reporting and certification to the Trust declaring that: (1) it is implementing the Program on behalf of the Trust; (2) it has policies and procedures in place to detect, prevent and mitigate identity theft for new and existing accounts; (3) it will advise the Trust of any significant changes to the Program based upon, among other things, new identity theft risks that have been identified; (4) it will inform the Trust of any identity theft incidents (including attempts) within the Funds during the previous quarter;
(f) at least annually, assisting the Trust’s Chief Compliance Officer and his staff in the preparation of a report that will (i) evaluate the effectiveness of the Program in addressing the risk of identity theft in connection with the opening of accounts and with respect to existing accounts, service provider arrangements, significant incidents involving identity theft and management’s response, (ii) recommend material changes to the Trust’s Program, and (iii) address any other material matters relating to the Trust’s Program that the Chief Compliance Officer deems appropriate;
(g) maintaining all records or other documentation related to shareholder accounts and transactions therein in order to memorialize activities taken by USBFS in implementing its procedures and making such records available for inspection by the Trust’s Chief Compliance Officer or regulatory or law enforcement authorities; and
(h) creating and maintaining documentation to provide a basis to permit law enforcement agencies to prosecute any identity theft claims. USBFS agrees that all records will be maintained in compliance with applicable laws and regulations. The Trust hereby directs, and USBFS acknowledges, that USBFS shall (i) permit federal regulators access to such information and records maintained by USBFS and relating to USBFS’ ’s implementation of the Procedures, on behalf of the Trust, as they may request, and (ii) permit such federal regulators to inspect USBFS’ ’s implementation of the Procedures on behalf of the Trust.
Appears in 1 contract
Anti-Money Laundering and Red Flag Identity Theft Prevention Programs. The Trust acknowledges that it has had an opportunity to review, consider and comment upon the written procedures provided by USBFS Fund Services describing various tools used by USBFS Fund Services which are designed to promote the detection and reporting of potential money laundering activity and identity theft by monitoring certain aspects of shareholder activity as well as written procedures for verifying a customer’s identity (collectively, the “Procedures”). Further, the Trust and USBFS Fund Services have each determined that the Procedures, as part of the Trust’s overall Anti-Money Laundering Program and Red Flag Identity Theft Prevention Program, are reasonably designed to: (i) prevent each Fund from being used for money laundering or the financing of terrorist activities; (ii) prevent identity theft; and (iii) achieve compliance with the applicable provisions of the Bank Secrecy Act, Fair and Accurate Credit Transactions Act of 2003 and the USA Patriot Act of 2001 and the implementing regulations thereunder. Based on this determination, the Trust hereby instructs and directs USBFS Fund Services to implement the Procedures on the Trust’s behalf, as such may be amended or revised from time to time. It is contemplated that these Procedures will be amended from time to time by the parties as additional regulations are adopted and/or regulatory guidance is provided relating to the Trust’s anti-money laundering and identity theft responsibilities. USBFS Execution Copy Fund Services agrees to provide to the Trust:
(a) Prompt written notification of any transaction or combination of transactions that USBFS Fund Services believes, based on the Procedures, evidence money laundering or identity theft activities in connection with the Trust or any Fund shareholder;
(b) Prompt written notification of any customer(s) that USBFS Fund Services reasonably believes, based upon the Procedures, to be engaged in money laundering or identity theft activities, provided that the Trust agrees not to communicate this information to the customer;
(c) Any reports received by USBFS Fund Services from any government agency or applicable industry self-regulatory organization pertaining to USBFSFund Services’ Anti-Money Laundering Program or the Red Flag Identity Theft Prevention Program on behalf of the Trust;
(d) Prompt written notification of any action taken in response to anti-money laundering violations or identity theft activity as described in (a), (b) or (c) immediately above; and
(e) Certified annual and quarterly reports of its monitoring and customer identification activities pursuant to the Procedures on behalf of the Trust. The Trust hereby directs, and USBFS Fund Services acknowledges, that USBFS Fund Services shall (i) permit federal regulators access to such information and records maintained by USBFS Funder Services and relating to USBFSFund Services’ implementation of the Procedures, on behalf of the Trust, as they may request, and (ii) permit such federal regulators to inspect USBFSFund Services’ implementation of the Procedures on behalf of the Trust.
Appears in 1 contract
Samples: Transfer Agent Servicing Agreement (Amplify ETF Trust)
Anti-Money Laundering and Red Flag Identity Theft Prevention Programs. The Trust acknowledges USBGFS represents and warrants that it has had an opportunity to review, consider and comment upon the adopted written procedures provided by USBFS describing various tools used by USBFS which are designed to promote the detection and reporting of potential money laundering activity and identity theft by monitoring certain aspects of shareholder activity as well as written procedures for verifying a customer’s identity (collectively, the “Procedures”). Further, the Trust USBGFS represents and USBFS have each determined warrants that the Procedures, as part of the Trust’s overall Anti-Money Laundering Program and Red Flag Identity Theft Prevention Program, Procedures are reasonably designed to: (i) prevent each Fund the Trust from being used for money laundering or the financing of terrorist activities; (ii) prevent identity theft; and (iii) achieve compliance with the applicable provisions of the Bank Secrecy Act, the USA Patriot Act of 2001, the Fair and Accurate Credit Transactions Act of 2003 and the USA Patriot Act of 2001 2003, and the implementing regulations thereunderthereunder (together “AML Rules”). Based on this determinationthe foregoing, the Trust hereby instructs and directs USBFS USBGFS to implement the Procedures Procedures, as applicable, on the Trust’s behalf, as such may be amended or revised from time to time, in connection with the implementation of the Trust’s Anti-Money Laundering Program (the “Trust AML Program”). It is contemplated that these the Procedures will be amended from time to time by the parties as additional regulations are adopted and/or regulatory guidance is USBGFS and any such amended Procedures will promptly be provided relating to the Trust. USBGFS agrees to cooperate with the Trust’s anti-money laundering and identity theft responsibilitiesAML Compliance Officer in connection with the implementation of the Trust AML Program. USBFS USBGFS further agrees to provide to the Trust:
: (a) Prompt written notification of any transaction or combination of transactions that USBFS USBGFS believes, based on the Procedures, evidence money laundering or identity theft activities in connection with the Trust or any Fund shareholder;
Trust; (b) Prompt written notification of any customer(s) that USBFS reasonably believes, based upon the Procedures, to be engaged in money laundering or identity theft activities, provided that the Trust agrees not to communicate this information to the customer;
(c) Any reports received by USBFS USBGFS from any government agency or applicable industry self-regulatory organization pertaining to USBFS’ Anti-Money Laundering Program or the Red Flag Identity Theft Prevention Program on behalf of the Trust;
Procedures; (dc) Prompt written notification of any action taken in response to anti-money laundering violations or identity theft activity as described in (a), (b) or (c) immediately aboveb); and
and (ed) Certified annual and quarterly reports of its monitoring and customer identification activities pursuant to the Procedures on behalf of the Trust. The Trust acknowledges and agrees that although it is directing USBGFS to implement the Procedures on its behalf, USBGFS is implementing the Procedures as a service provider to the Trust and the Trust is and remains ultimately responsible for complying with all applicable laws, rules, and regulations with respect to anti-money laundering, customer identification, identity theft prevention, economic sanctions, and terrorist financing, whether under the AML Rules, or otherwise, such as, the establishment and board adoption of its own formal anti-money laundering program and the designation of its own anti-money laundering officer, as applicable. The Trust further acknowledges and agrees that certain portions of the Procedures are applicable to certain products, entities, structures, or geographies and, accordingly, certain portions of the Procedures may not be implemented with respect to the Trust. USBGFS represents and warrants that it has provided a copy of the Procedures to the Trust and has given the Trust the opportunity to discuss the Procedures. The Trust understands and agrees which portions of the Procedures may not be implemented on behalf of the Trust. Without limitation of the foregoing, USBGFS shall not be responsible for providing anti-money laundering or customer identification services with respect to certain intermediary or dealer-controlled customer accounts (i.e., level 0 sub-accounts through the Fund/SERV system operated by the National Securities Clearing Corporation) and other fund client relationships where there is a sub-transfer agency or similar arrangement between the Trust and the intermediary. The Trust hereby directs, and USBFS USBGFS acknowledges, that USBFS USBGFS shall (i) permit federal regulators access to such information and records maintained by USBFS USBGFS and relating to USBFSUSBGFS’ implementation of the Procedures, on behalf of the Trust, as they may request, and (ii) permit such federal regulators to inspect USBFSUSBGFS’ implementation of the Procedures on behalf of the Trust.
Appears in 1 contract
Samples: Transfer Agent Servicing Agreement (Milliman Variable Insurance Trust)
Anti-Money Laundering and Red Flag Identity Theft Prevention Programs. The Trust acknowledges that it has had an opportunity to review, consider and comment upon the written procedures provided by USBFS describing various tools used by USBFS which that are designed to promote the detection and reporting of potential money laundering activity and identity theft by monitoring certain aspects of shareholder activity as well as written procedures for verifying a customer’s identity (collectively, the “Procedures”). Further, the Trust and USBFS have each determined that the Procedures, as part of the Trust’s overall Antianti-Money Laundering Program money laundering program and Red Flag Identity Theft Prevention Programprogram, are reasonably designed to: (i) to prevent each Fund from being used for money laundering or the financing of terrorist activities; (ii) prevent identity theft; activities and (iii) to achieve compliance with the applicable provisions of the Bank Secrecy Act, Fair and Accurate Credit Transactions Act of 2003 and the USA Patriot Act of 2001 and the implementing regulations thereunder. Based on this determination, the Trust hereby instructs and directs USBFS to implement the Procedures on the Trust’s behalf, as such may be amended or revised from time to time. It is contemplated that these Procedures will be amended from time to time by the parties as additional regulations are adopted and/or regulatory guidance is provided relating to the Trust’s anti-money laundering and identity theft responsibilities. USBFS agrees to provide to the Trust:
(a) A. Prompt written notification of any transaction or combination of transactions that USBFS believes, based on the Procedures, evidence money laundering or identity theft activities in connection with the Trust or any Fund shareholdershareholder of the Funds;
(b) B. Prompt written notification of any customer(s) that USBFS reasonably believes, based upon the Procedures, to be engaged in money laundering or identity theft activities, provided that the Trust agrees not to communicate this information to the customer;
(c) C. Any reports received by USBFS from any government agency or applicable industry self-regulatory organization pertaining to USBFS’ Anti’s anti-Money Laundering Program money laundering monitoring or the Red Flag Identity Theft Prevention Program on behalf of the Trust;
(d) D. Prompt written notification of any action taken in response to anti-money laundering violations or identity theft activity as described in (a)subsections 5.A, (b) B or (c) immediately C above; and
(e) E. Certified annual and quarterly reports of its monitoring and customer identification activities pursuant to the Procedures on behalf of the Trust. The Trust hereby directs, and USBFS acknowledges, that USBFS shall (i) permit federal regulators access to such information and records maintained by USBFS and relating to USBFS’ ’s implementation of the Procedures, on behalf of the Trust, as they may request, ; and (ii) permit such federal regulators to inspect USBFS’ ’s implementation of the Procedures on behalf of the Trust.
Appears in 1 contract
Samples: Transfer Agent Servicing Agreement (Stone Ridge Trust)
Anti-Money Laundering and Red Flag Identity Theft Prevention Programs. The Trust acknowledges that it has had an opportunity to review, consider and comment upon the written procedures provided by USBFS Fund Services describing various tools used by USBFS Fund Services which are designed to promote the detection and reporting of potential money laundering activity and identity theft by monitoring certain aspects of shareholder activity as well as written procedures for verifying a customer’s identity (collectively, the “Procedures”). Further, the Trust and USBFS Fund Services have each determined that the Procedures, as part of the Trust’s overall Anti-Money Laundering Program and Red Flag Identity Theft Prevention Program, are reasonably designed to: (i) prevent each Fund from being used for money laundering or the financing of terrorist activities; (ii) prevent identity theft; and (iii) achieve compliance with the applicable provisions of the Bank Secrecy Act, Fair and Accurate Credit Transactions Act of 2003 and the USA Patriot Act of 2001 and the implementing regulations thereunder. Based on this determination, the Trust hereby instructs and directs USBFS Fund Services to implement the Procedures on the Trust’s behalf, as such may be amended or revised from time to time. It is contemplated that these Procedures will be amended from time to time by the parties as additional regulations are adopted and/or regulatory guidance is provided relating to the Trust’s anti-money laundering and identity theft responsibilities. USBFS Fund Services agrees to provide to the Trust:
(a) Prompt written notification of any transaction or combination of transactions that USBFS Fund Services believes, based on the Procedures, evidence money laundering or identity theft activities in connection with the Trust or any Fund shareholder;
(b) Prompt written notification of any customer(s) that USBFS Fund Services reasonably believes, based upon the Procedures, to be engaged in money laundering or identity theft activities, provided that the Trust agrees not to communicate this information to the customer;
(c) Any reports received by USBFS Fund Services from any government agency or applicable industry self-regulatory organization pertaining to USBFSFund Services’ Anti-Money Laundering Program or the Red Flag Identity Theft Prevention Program on behalf of the Trust;
(d) Prompt written notification of any action taken in response to anti-money laundering violations or identity theft activity as described in (a), (b) or (c) immediately above; and
(e) Certified annual and quarterly reports of its monitoring and customer identification activities pursuant to the Procedures on behalf of the Trust. The Trust hereby directs, and USBFS acknowledges, that USBFS shall (i) permit federal regulators access to such information and records maintained by USBFS and relating to USBFS’ implementation of the Procedures, on behalf of the Trust, as they may request, and (ii) permit such federal regulators to inspect USBFS’ implementation of the Procedures on behalf of the Trust.
Appears in 1 contract
Samples: Transfer Agent Servicing Agreement (Teucrium Commodity Trust)
Anti-Money Laundering and Red Flag Identity Theft Prevention Programs. The Trust Company acknowledges that it has had an opportunity to review, consider and comment upon the written procedures provided by USBFS Fund Services describing various tools used by USBFS Fund Services which are designed to promote the detection and reporting of potential money laundering activity and identity theft by monitoring certain aspects of shareholder activity as well as written procedures for verifying a customer’s identity (collectively, the “Procedures”). Further, the Trust Company and USBFS Fund Services have each determined that the Procedures, as part of the TrustCompany’s overall Anti-Money Laundering Program and Red Flag Identity Theft Prevention Program, are reasonably designed to: (i) prevent each Fund from being used for money laundering or the financing of terrorist activities; (ii) prevent identity theft; and (iii) achieve compliance with the applicable provisions of the Bank Secrecy Act, Fair and Accurate Credit Transactions Act of 2003 and the USA Patriot Act of 2001 and the implementing regulations thereunder. Based on this determination, the Trust Company hereby instructs and directs USBFS Fund Services to implement the Procedures on the TrustCompany’s behalf, as such may be amended or revised from time to time. It is contemplated that these Procedures will be amended from time to time by the parties as additional regulations are adopted and/or regulatory guidance is provided relating to the TrustCompany’s anti-money laundering and identity theft responsibilities. USBFS Fund Services agrees to provide to the TrustCompany:
(a) Prompt written notification of any transaction or combination of transactions that USBFS Fund Services believes, based on the Procedures, evidence money laundering or identity theft activities in connection with the Trust Company or any Fund shareholder;
(b) Prompt written notification of any customer(s) that USBFS Fund Services reasonably believes, based upon the Procedures, to be engaged in money laundering or identity theft activities, provided that the Trust Company agrees not to communicate this information to the customer;
(c) Any reports received by USBFS Fund Services from any government agency or applicable industry self-regulatory organization pertaining to USBFSFund Services’ Anti-Money Laundering Program or the Red Flag Identity Theft Prevention Program on behalf of the TrustCompany;
(d) Prompt written notification of any action taken in response to anti-money laundering violations or identity theft activity as described in (a), (b) or (c) immediately above; and
(e) Certified annual and quarterly reports of its monitoring and customer identification activities pursuant to the Procedures on behalf of the TrustCompany. The Trust Company hereby directs, and USBFS Fund Services acknowledges, that USBFS Fund Services shall (i) permit federal regulators access to such information and records maintained by USBFS Funder Services and relating to USBFSFund Services’ implementation of the Procedures, on behalf of the TrustCompany, as they may request, and (ii) permit such federal regulators to inspect USBFSFund Services’ implementation of the Procedures on behalf of the TrustCompany.
Appears in 1 contract
Samples: Transfer Agent Servicing Agreement (RBB Fund, Inc.)
Anti-Money Laundering and Red Flag Identity Theft Prevention Programs. The Trust acknowledges that it has had an opportunity to review, consider and comment upon the written procedures provided by USBFS describing various tools used by USBFS which are designed to promote the detection and reporting of potential money laundering activity and identity theft by monitoring certain aspects of shareholder activity as well as written procedures for verifying a customer’s identity (collectively, the “Procedures”). Further, the Trust and USBFS have each has determined that the Procedures, as part of the Trust’s overall Antianti-Money Laundering Program money laundering program and Red Flag Identity Theft Prevention Programprogram, are reasonably designed to: (i) to prevent each Fund from being used for money laundering or the financing of terrorist activities; (ii) prevent identity theft; activities and (iii) to achieve compliance with the applicable provisions of the Bank Secrecy Act, Fair and Accurate Credit Transactions Act of 2003 and the USA Patriot Act of 2001 and the implementing regulations thereunder. Based on this determination, the Trust hereby instructs and directs USBFS to implement the Procedures on the Trust’s behalf, as such may be amended or revised from time to time. It is contemplated that these Procedures will be amended from time to time by the parties as additional regulations are adopted and/or regulatory guidance is provided relating to the Trust’s anti-money laundering and identity theft responsibilities. USBFS agrees to provide to the Trust:
(a) A. Prompt written notification of any transaction or combination of transactions that USBFS believes, based on the Procedures, evidence money laundering or identity theft activities in connection with the Trust or any Fund shareholdershareholder of a Fund;
(b) B. Prompt written notification of any customer(s) that USBFS reasonably believes, based upon the Procedures, to be engaged in money laundering or identity theft activities, provided that the Trust agrees not to communicate this information to the customer;
(c) C. Any reports received by USBFS from any government agency or applicable industry self-regulatory organization pertaining to USBFS’ Anti’s anti-Money Laundering Program money laundering monitoring or the Red Flag Identity Theft Prevention Program on behalf of the Trust;; 2013 5
(d) D. Prompt written notification of any action taken in response to anti-money laundering violations or identity theft activity as described in (a), (b) or (c) immediately above); and
(e) E. Certified annual and quarterly reports of its monitoring and customer identification activities pursuant to the Procedures on behalf of the Trust. USBFS shall provide such other reports on the monitoring and customer identification activities conducted at the direction of the Trust as may be agreed from time to time by USBFS and the Trust. The Trust hereby directs, and USBFS acknowledgesacknowledges and agrees, that USBFS shall (i) permit federal regulators access to such information and records maintained by USBFS and relating to USBFS’ ’s implementation of the Procedures, on behalf of the Trust, as they may lawfully request, and (ii) permit such federal regulators to inspect USBFS’ ’s implementation of the Procedures on behalf of the Trust.
Appears in 1 contract
Samples: Transfer Agent Servicing Agreement (DoubleLine Equity Funds)
Anti-Money Laundering and Red Flag Identity Theft Prevention Programs. The Trust acknowledges that it has had an opportunity to review, consider and comment upon the written procedures provided by USBFS Fund Services describing various tools used by USBFS Fund Services which are designed to promote the detection and reporting of potential money laundering activity and identity theft by monitoring certain aspects of shareholder activity as well as written procedures for verifying a customer’s identity (collectively, the “Procedures”). Further, the Trust and USBFS have each has determined that the Procedures, as part of the Trust’s overall Antianti-Money Laundering Program money laundering program and the Red Flag Identity Theft Prevention Programprogram, are reasonably designed to: (i) to prevent each Fund the Trust from being used for money laundering or the financing of terrorist activities; (ii) prevent identity theft; activities and (iii) to achieve compliance with the applicable provisions of the Bank Secrecy Act, Fair and Accurate Credit Transactions Act of 2003 and the USA Patriot Act of 2001 and the implementing regulations thereunder. Based on this determination, the Trust hereby instructs and directs USBFS Fund Services to implement the Procedures on the TrustFund’s behalf, as such may be amended or revised from time to time. It is contemplated that these Procedures will be amended from time to time by the parties as additional regulations are adopted and/or regulatory guidance is provided relating to the TrustFund’s anti-money laundering and identity theft responsibilities. USBFS Fund Services agrees to provide to the Trust:
(a) Prompt written notification of any transaction or combination of transactions that USBFS Fund Services believes, based on the Procedures, evidence money laundering or identity theft activities in connection with the Trust Fund or any Fund shareholdershareholder of the Fund;
(b) Prompt written notification of any customer(s) that USBFS Fund Services reasonably believes, based upon the Procedures, to be engaged in money laundering or identity theft activities, provided that the Trust Fund agrees not to communicate this information to the customer;
(c) Any reports received by USBFS Fund Services from any government agency or applicable industry self-regulatory organization pertaining to USBFS’ AntiFund Services anti-Money Laundering Program money laundering monitoring or the Red Flag Identity Theft Prevention Program on behalf of the Trust;
(d) Prompt written notification of any action taken in response to anti-money laundering violations or identity theft activity as described in (a), (b) or (c) immediately above); and
(e) Certified annual and quarterly reports of its monitoring and customer identification activities pursuant to the Procedures on behalf of the Trust. The Trust hereby directs, and USBFS Fund Services acknowledges, that USBFS Fund Services shall (i) permit federal regulators access to such information and records maintained by USBFS Fund Services and relating to USBFSFund Services’ implementation of the Procedures, on behalf of the Trust, as they may request, and (ii) permit such federal regulators to inspect USBFSFund Services’ implementation of the Procedures on behalf of the Trust.
Appears in 1 contract
Samples: Transfer Agent Servicing Agreement (North Capital Funds Trust)
Anti-Money Laundering and Red Flag Identity Theft Prevention Programs. The Trust acknowledges that it has had an opportunity to review, consider and comment upon the written procedures provided by USBFS describing various tools used by USBFS which are designed to promote the detection and reporting of potential money laundering activity and identity theft by monitoring certain aspects of shareholder activity as well as written procedures for verifying a customer’s identity (collectively, the “Procedures”). Further, the Trust and USBFS have each determined that the Procedures, as part of the Trust’s overall Anti-Money Laundering Program and Red Flag Identity Theft Prevention Program, are reasonably designed to: (i) prevent each Fund from being used for money laundering or the financing of terrorist activities; (ii) prevent identity theft; and (iii) achieve compliance with the applicable provisions of the Bank Secrecy Act, Fair and Accurate Credit Transactions Act of 2003 and the USA Patriot Act of 2001 and the implementing regulations thereunder. Based on this determination, the Trust hereby instructs and directs USBFS to implement the Procedures on the Trust’s behalf, as such may be amended or revised from time to time. It is contemplated that these Procedures will be amended from time to time by the parties as additional regulations are adopted and/or regulatory guidance is provided relating to the Trust’s anti-money laundering and identity theft responsibilities. USBFS agrees to provide to the Trust:
(a) Prompt written notification of any transaction or combination of transactions that USBFS believes, based on the Procedures, evidence money laundering or identity theft activities in connection with the Trust or any Fund shareholder;
(b) Prompt written notification of any customer(s) that USBFS reasonably believes, based upon the Procedures, to be engaged in money laundering or identity theft activitiesactivities in connection with the Trust, provided that the Trust agrees not to communicate this information to the customer;
(c) Any reports received by USBFS from any government agency or applicable industry self-regulatory organization pertaining to USBFS’ Anti-Money Laundering Program or the Red Flag Identity Theft Prevention Program on behalf of the Trust;
(d) Prompt written notification of any action taken in response to anti-money laundering violations or identity theft activity as described in (a), (b) or (c) immediately above; and
(e) Certified annual and quarterly reports of its monitoring and customer identification activities pursuant to the Procedures on behalf of the Trust. The Trust hereby directs, and USBFS acknowledges, that USBFS shall (i) permit federal regulators access to such information and records maintained by USBFS and relating to USBFS’ implementation of the Procedures, on behalf of the Trust, as they may request, ; and (ii) permit such federal regulators to inspect USBFS’ implementation of the Procedures on behalf of the Trust.
Appears in 1 contract
Samples: Transfer Agent Servicing Agreement (PRIMECAP Odyssey Funds)
Anti-Money Laundering and Red Flag Identity Theft Prevention Programs. The Trust acknowledges that it has had an opportunity to review, consider and comment upon the written procedures provided by USBFS describing various tools used by USBFS which are designed to promote the detection and reporting of potential money laundering activity and identity theft by monitoring certain aspects of shareholder activity as well as written procedures for verifying a customer’s identity (collectively, the “Procedures”). Further, the Trust and USBFS have each has determined that the Procedures, as part of the Trust’s overall Antianti-Money Laundering Program money laundering program and Red Flag Identity Theft Prevention Programprogram, are reasonably designed to: (i) to prevent each the Fund from being used for money laundering or the financing of terrorist activities; (ii) prevent identity theft; activities and (iii) to achieve compliance with the applicable provisions of the Bank Secrecy Act, Fair and Accurate Credit Transactions Act of 2003 and the USA Patriot Act of 2001 and the implementing regulations thereunder. Based on this determination, the Trust hereby instructs and directs USBFS to implement the Procedures on the Trust’s behalf, as such may be amended or revised from time to time. It is contemplated that these Procedures will be amended from time to time by the parties as additional regulations are adopted and/or regulatory guidance is provided relating to the Trust’s anti-money laundering and identity theft responsibilities. USBFS agrees to provide to the Trust:
(a) A. Prompt written notification of any transaction or combination of transactions that USBFS believes, based on the Procedures, evidence money laundering or identity theft activities in connection with the Trust or any Fund shareholdershareholder of the Fund;
(b) B. Prompt written notification of any customer(s) that USBFS reasonably believes, based upon the Procedures, to be engaged in money laundering or identity theft activities, provided that the Trust agrees not to communicate this information to the customer;
(c) C. Any reports received by USBFS from any government agency or applicable industry self-regulatory organization pertaining to USBFS’ Anti’s anti-Money Laundering Program money laundering monitoring or the Red Flag Identity Theft Prevention Program on behalf of the Trust;.
(d) D. Prompt written notification of any action taken in response to anti-money laundering violations or identity theft activity as described in (a), (b) or (c) immediately above); and
(e) E. Certified annual and quarterly reports of its monitoring and customer identification activities pursuant to the Procedures on behalf of the Trust. The Trust hereby directs, and USBFS acknowledges, that USBFS shall (i) permit federal regulators access to such information and records maintained by USBFS and relating to USBFS’ ’s implementation of the Procedures, on behalf of the Trust, as they may request, and (ii) permit such federal regulators to inspect USBFS’ implementation of the Procedures on behalf of the Trust.
Appears in 1 contract
Samples: Transfer Agent Servicing Agreement (Trust for Advised Portfolios)
Anti-Money Laundering and Red Flag Identity Theft Prevention Programs. The Each Trust acknowledges that it has had an opportunity to review, consider and comment upon the written procedures provided by USBFS describing various tools used by USBFS which are designed to promote the detection and reporting of potential money laundering activity and identity theft by monitoring certain aspects of shareholder activity as well as written procedures for verifying a customer’s identity (collectively, the “Procedures”). Further, the each Trust and USBFS have each has determined that the Procedures, as part of the each Trust’s overall Antianti-Money Laundering Program money laundering program and Red Flag Identity Theft Prevention Programprogram, are reasonably designed to: (i) to prevent each Fund the Funds from being used for money laundering or the financing of terrorist activities; (ii) prevent identity theft; activities and (iii) to achieve compliance with the applicable provisions of the Bank Secrecy Act, Fair and Accurate Credit Transactions Act of 2003 and the USA Patriot Act of 2001 and the implementing regulations thereunder. Based on this determination, the each Trust hereby instructs and directs USBFS to implement the Procedures on the Trust’s its behalf, as such may be amended or revised from time to time. It is contemplated that these Procedures will be amended from time to time by the parties as additional regulations are adopted and/or regulatory guidance is provided relating to the Trust’s Trusts’ anti-money laundering and identity theft responsibilities. USBFS will provide reasonable written notice prior to making any material amendments or changes to the Procedures. USBFS agrees to provide to the each Trust:
(a) A. Prompt written notification of any transaction or combination of transactions that USBFS believes, based on the Procedures, evidence money laundering laundering, activity that may warrant a suspicious activity report or identity theft activities in connection with the Trust or any Fund shareholdershareholder of a Fund;
(b) B. Prompt written notification of any customer(s) that USBFS reasonably believes, based upon the Procedures, to be engaged in money laundering laundering, activity that may warrant a suspicious activity report or identity theft activities, provided that the Trust agrees not to communicate this information to the customer;
(c) C. Any reports received by USBFS from any government agency or applicable industry self-regulatory organization pertaining to USBFS’ Anti’s anti-Money Laundering Program money laundering monitoring or the Red Flag Identity Theft Prevention Program on behalf of the Trust;
(d) D. Prompt written notification of any action taken in response to anti-money laundering violations or identity theft activity as described in (a), (b) or (c) immediately above; and;
(e) E. Certified annual and quarterly reports of its monitoring and customer identification activities pursuant to the Procedures on behalf of the Trust. The ;
F. Access to any Bank Secrecy Act report or records USBFS files or maintains on behalf of the Trust; and Each Trust hereby directs, and USBFS acknowledges, that USBFS shall (i) permit federal regulators access to such information and records maintained by USBFS and relating to USBFS’ ’s implementation of the Procedures, on behalf of the TrustTrusts, as they may request, and (ii) permit such federal regulators to inspect USBFS’ ’s implementation of the Procedures on behalf of the TrustTrusts.
Appears in 1 contract
Samples: Transfer Agent Servicing Agreement (Eagle Series Trust)
Anti-Money Laundering and Red Flag Identity Theft Prevention Programs. The Trust acknowledges that it has had an opportunity to review, consider and comment upon the written procedures provided by USBFS describing various tools used by USBFS which are designed to promote the detection and reporting of potential money laundering activity and identity theft by monitoring certain aspects of shareholder activity as well as written procedures for verifying a customer’s identity (collectively, the “Procedures”). Further, the Trust and USBFS have each has determined that the Procedures, as part of the Trust’s overall Antianti-Money Laundering Program money laundering program and Red Flag Identity Theft Prevention Programprogram, are reasonably designed to: (i) to prevent each the Fund from being used for money laundering or the financing of terrorist activities; (ii) prevent identity theft; activities and (iii) to achieve compliance with the applicable provisions of the Bank Secrecy Act, Fair and Accurate Credit Transactions Act of 2003 and the USA Patriot Act of 2001 and the implementing regulations thereunder, assuming that USBFS appropriately implements and executes the Procedures. Based on this determination, the The Trust hereby instructs and directs USBFS to implement the Procedures on the Trust’s behalf, as such may be amended or revised from time to time. It is contemplated that these Procedures will be amended from time to time by the parties as additional regulations are adopted and/or regulatory guidance is provided relating to the Trust’s anti-money laundering and identity theft responsibilities. USBFS agrees to provide to the Trust:
(a) A. Prompt written notification of any transaction or combination of transactions that USBFS believes, based on the Procedures, evidence money laundering or identity theft activities in connection with the Trust or any Fund shareholdershareholder of the Fund;
(b) B. Prompt written notification of any customer(s) that USBFS reasonably believes, based upon the Procedures, to be engaged in money laundering or identity theft activities, provided that the Trust agrees not to communicate this information to the customer;
(c) C. Any reports received by USBFS from any government agency or applicable industry self-regulatory organization pertaining to USBFS’ Anti’s anti-Money Laundering Program money laundering monitoring or the Red Flag Identity Theft Prevention Program on behalf of the Trust;
(d) D. Prompt written notification of any action taken in response to anti-money laundering violations or identity theft activity as described in (a), (b) or (c) immediately above); and
(e) E. Certified annual and quarterly reports of its monitoring and customer identification activities pursuant to the Procedures on behalf of the Trust. The Trust hereby directs, and USBFS acknowledges, that USBFS shall (i) permit federal regulators access to such information and records maintained by USBFS and relating to USBFS’ ’s implementation of the Procedures, on behalf of the Trust, as they may properly request, and (ii) permit such federal regulators to inspect USBFS’ ’s implementation of the Procedures on behalf of the Trust.
Appears in 1 contract
Samples: Transfer Agent Servicing Agreement (North Square Investments Trust)
Anti-Money Laundering and Red Flag Identity Theft Prevention Programs. The Each Trust acknowledges that it has had an opportunity to review, consider and comment upon the written procedures provided by USBFS describing various tools used by USBFS which are designed to promote the detection and reporting of potential money laundering activity and identity theft by monitoring certain aspects of shareholder activity as well as written procedures for verifying a customer’s identity (collectively, the “Procedures”). Further, the each Trust and USBFS have each has determined that the Procedures, as part of the each Trust’s overall Antianti-Money Laundering Program money laundering program and Red Flag Identity Theft Prevention Programprogram, are reasonably designed to: (i) to prevent each Fund the Funds from being used for money laundering or the financing of terrorist activities; (ii) prevent identity theft; activities and (iii) to achieve compliance with the applicable provisions of the Bank Secrecy Act, Fair and Accurate Credit Transactions Act of 2003 and the USA Patriot Act of 2001 and the implementing regulations thereunder. Based on this determination, the each Trust hereby instructs and directs USBFS to implement the Procedures on the Trust’s its behalf, as such may be amended or revised from time to time. It is contemplated that these Procedures will be amended from time to time by the parties as additional regulations are adopted and/or regulatory guidance is provided relating to the Trust’s Trusts’ anti-money laundering and identity theft responsibilities. USBFS will provide reasonable written notice prior to making any material amendments or changes to the Procedures. Execution Copy USBFS agrees to provide to the each Trust:
(a) A. Prompt written notification of any transaction or combination of transactions that USBFS believes, based on the Procedures, evidence money laundering laundering, activity that may warrant a suspicious activity report or identity theft activities in connection with the Trust or any Fund shareholdershareholder of a Fund;
(b) B. Prompt written notification of any customer(s) that USBFS reasonably believes, based upon the Procedures, to be engaged in money laundering laundering, activity that may warrant a suspicious activity report or identity theft activities, provided that the Trust agrees not to communicate this information to the customer;
(c) C. Any reports received by USBFS from any government agency or applicable industry self-regulatory organization pertaining to USBFS’ Anti’s anti-Money Laundering Program money laundering monitoring or the Red Flag Identity Theft Prevention Program on behalf of the Trust;
(d) D. Prompt written notification of any action taken in response to anti-money laundering violations or identity theft activity as described in (a), (b) or (c) immediately above; and;
(e) E. Certified annual and quarterly reports of its monitoring and customer identification activities pursuant to the Procedures on behalf of the Trust. The ;
F. Access to any Bank Secrecy Act report or records USBFS files or maintains on behalf of the Trust; and Each Trust hereby directs, and USBFS acknowledges, that USBFS shall (i) permit federal regulators access to such information and records maintained by USBFS and relating to USBFS’ ’s implementation of the Procedures, on behalf of the TrustTrusts, as they may request, and (ii) permit such federal regulators to inspect USBFS’ ’s implementation of the Procedures on behalf of the TrustTrusts.
Appears in 1 contract
Samples: Transfer Agent Servicing Agreement (Eagle Growth & Income Fund)
Anti-Money Laundering and Red Flag Identity Theft Prevention Programs. The Trust Company acknowledges that it has had an opportunity to review, consider and comment upon the written procedures provided by USBFS describing various tools used by USBFS which are designed to promote the detection and reporting of potential money laundering activity and identity theft by monitoring certain aspects of shareholder activity as well as written procedures for verifying a customer’s identity (collectively, the “Procedures”). Further, the Trust and USBFS have each Company has determined that the Procedures, as part of the TrustCompany’s overall Antianti-Money Laundering Program money laundering program and Red Flag Identity Theft Prevention Programprogram, are reasonably designed to: (i) to prevent each the Fund from being used for money laundering or the financing of terrorist activities; (ii) prevent identity theft; activities and (iii) to achieve compliance with the applicable provisions of the Bank Secrecy Act, Fair and Accurate Credit Transactions Act of 2003 and the USA Patriot Act of 2001 and the implementing regulations thereunder. Based on this determination, the Trust Company hereby instructs and directs USBFS to implement the Procedures on the TrustCompany’s behalf, as such may be amended or revised from time to time. It is contemplated that these Procedures will be amended from time to time by the parties as additional regulations are adopted and/or regulatory guidance is provided relating to the TrustCompany’s anti-money laundering and identity theft responsibilities. USBFS agrees to provide to the TrustCompany:
(a) A. Prompt written notification of any transaction or combination of transactions that USBFS believes, based on the Procedures, evidence money laundering or identity theft activities in connection with the Trust Company or any Fund shareholdershareholder of the Fund;
(b) B. Prompt written notification of any customer(s) that USBFS reasonably believes, based upon the Procedures, to be engaged in money laundering or identity theft activities, provided that the Trust Company agrees not to communicate this information to the customer;
(c) C. Any reports received by USBFS from any government agency or applicable industry self-regulatory organization pertaining to USBFS’ Anti’s anti-Money Laundering Program money laundering monitoring or the Red Flag Identity Theft Prevention Program on behalf of the TrustCompany;
(d) D. Prompt written notification of any action taken in response to anti-money laundering violations or identity theft activity as described in (a), (b) or (c) immediately above); and
(e) E. Certified annual and quarterly reports of its monitoring and customer identification activities pursuant to the Procedures on behalf of the TrustCompany. The Trust Company hereby directs, and USBFS acknowledges, that USBFS shall (i) permit federal regulators access to such information and records maintained by USBFS and relating to USBFS’ ’s implementation of the Procedures, on behalf of the TrustCompany, as they may request, and (ii) permit such federal regulators to inspect USBFS’ ’s implementation of the Procedures on behalf of the TrustCompany.
Appears in 1 contract
Samples: Transfer Agent Servicing Agreement (RBB Fund, Inc.)
Anti-Money Laundering and Red Flag Identity Theft Prevention Programs. The Trust hereby delegates to USBFS and USBFS accepts such delegation of the implementation and operation of those aspects of the Trust’s anti-money laundering program (“AML Program”) as set forth in Appendix A (the “Delegated Duties”). The Trust acknowledges that it has had an opportunity to review, consider and comment upon the written procedures provided by USBFS describing various tools used by USBFS which are designed to promote the detection and reporting of potential money laundering activity and identity theft by monitoring certain aspects of shareholder activity as well as written procedures for verifying a customer’s identity (collectively, the “Procedures”). Further, the Trust and USBFS have each determined that the Procedures, as part of the Trust’s overall Anti-Money Laundering AML Program and Red Flag Identity Theft Prevention Program, are reasonably designed to: (i) prevent each Fund from being used for money laundering or the financing of terrorist activities; (ii) prevent identity theft; and (iii) achieve compliance with the applicable provisions of the Bank Secrecy Act, Fair and Accurate Credit Transactions Act of 2003 and the USA Patriot Act of 2001 and the implementing regulations thereunder. Based on this determination, the Trust hereby instructs and directs USBFS to implement the Procedures on the Trust’s behalf, as such may be amended or revised from time to time. carry out the Trust’s AML Program It is contemplated that these Procedures will be amended from time to time by the parties USBFS as additional regulations are adopted and/or regulatory guidance is provided relating to the Trust’s anti-money laundering and identity theft responsibilities, and USBFS agrees to provide the Trust with any such amendments within a reasonable period of time after adoption. USBFS agrees to provide to the Trust:
(a) Prompt written notification of any transaction or combination of transactions that USBFS believes, based on the Procedures, evidence money laundering or identity theft activities in connection with the Trust or any Fund shareholder;
(b) Prompt written notification of any customer(s) that USBFS reasonably believes, based upon the Procedures, to be engaged in money laundering or identity theft activities, provided that the Trust agrees not to communicate this information to the customer;
(c) Any reports received by USBFS from any government agency or applicable industry self-regulatory organization pertaining to USBFS’ Anti-Money Laundering Program or the Red Flag Identity Theft Prevention Program on behalf of the Trust;
(d) Prompt written notification of any action taken in response to anti-money laundering violations or identity theft activity as described in (a), (b) or (c) immediately above; and
(e) Certified annual and quarterly reports of its monitoring and customer identification activities pursuant to the Procedures on behalf of the Trust. The Trust hereby directs, and USBFS acknowledges, that USBFS shall (i) permit federal regulators access to such information and records maintained by USBFS and relating to USBFS’ implementation of the Procedures, on behalf of the Trust, as they may request, and (ii) permit such federal regulators to inspect USBFS’ implementation of the Procedures on behalf of the Trust.
Appears in 1 contract
Samples: Transfer Agent Servicing Agreement (Us Global Investors Funds)
Anti-Money Laundering and Red Flag Identity Theft Prevention Programs. The Trust acknowledges that it has had an opportunity to review, consider and comment upon the written procedures provided by USBFS Fund Services describing various tools used by USBFS Fund Services which are designed to promote the detection and reporting of potential money laundering activity and identity theft by monitoring certain aspects of shareholder activity as well as written procedures for verifying a customer’s identity (collectively, the “Procedures”). Further, the Trust and USBFS have each has determined that the Procedures, as part of the Trust’s overall Antianti-Money Laundering Program money laundering program and Red Flag Identity Theft Prevention Programprogram, are reasonably designed to: (i) to prevent each the Fund from being used for money laundering or the financing of terrorist activities; (ii) prevent identity theft; activities and (iii) to achieve compliance with the applicable provisions of the Bank Secrecy Act, Fair and Accurate Credit Transactions Act of 2003 and the USA Patriot PATRIOT Act of 2001 and the implementing regulations thereunder. Based on this determination, the Trust hereby instructs and directs USBFS Fund Services to implement the Procedures on the Trust’s behalf, as such may be amended or revised from time to time. The Trust also delegates to Fund Services the authority to report suspicious activity to FinCEN. It is contemplated that these Procedures will be amended from time to time by the parties as additional regulations are adopted and/or regulatory guidance is provided relating to the Trust’s anti-money laundering and identity theft responsibilities. USBFS Fund Services agrees to provide to the Trust:
(a) A. Prompt written notification of any transaction or combination of transactions that USBFS Fund Services believes, based on the Procedures, evidence money laundering or identity theft activities in connection with the Trust or any Fund shareholdershareholder of the Fund;
(b) B. Prompt written notification of any customer(s) that USBFS Fund Services reasonably believes, based upon the Procedures, to be engaged in money laundering or identity theft activities, provided that the Trust agrees not to communicate this information to the customer;
(c) C. Any reports received by USBFS Fund Services from any government agency or applicable industry self-regulatory organization pertaining to USBFS’ AntiFund Services anti-Money Laundering Program money laundering monitoring or the Red Flag Identity Theft Prevention Program on behalf of the Trust;
(d) D. Prompt written notification of any action taken in response to anti-money laundering violations or identity theft activity as described in (aA), (bB) or (c) immediately aboveC); and
(e) E. Certified annual and quarterly reports of that Fund Services has implemented and performed its monitoring Procedures, including the anti-money laundering program and customer identification activities pursuant to program requirements for shareholder accounts.
F. In the Procedures on behalf event that Fund Services detects activity as a result of the Trustforegoing Procedures, which necessitates a filing by Fund Services of a suspicious activity report or other similar report or notice to OFAC, then Fund Services shall also immediately notify the Fund, unless prohibited by applicable law. The Trust hereby directs, and USBFS Fund Services acknowledges, that USBFS Fund Services shall (i) permit federal regulators access to such information and records maintained by USBFS Fund Services and relating to USBFS’ Fund Services implementation of the Procedures, on behalf of the Trust, as they may request, and (ii) permit such federal regulators to inspect USBFS’ Fund Services implementation of the Procedures on behalf of the Trust.
Appears in 1 contract
Samples: Transfer Agent Servicing Agreement (Hotchkis & Wiley Funds /De/)
Anti-Money Laundering and Red Flag Identity Theft Prevention Programs. The Trust Company acknowledges that it has had an opportunity to review, consider and comment upon the written procedures provided by USBFS describing various tools used by USBFS which are designed to promote the detection and reporting of potential money laundering activity and identity theft by monitoring certain aspects of shareholder activity as well as written procedures for verifying a customer’s identity (collectively, the “Procedures”). Further, the Trust and USBFS have each Company has determined that the Procedures, as part of the TrustCompany’s overall Antianti-Money Laundering Program money laundering program and the Red Flag Identity Theft Prevention Programprogram, are reasonably designed to: (i) to prevent each the Fund from being used for money laundering or the financing of terrorist activities; (ii) prevent identity theft; activities and (iii) to achieve compliance with the applicable provisions of the Bank Secrecy Act, Fair and Accurate Credit Transactions Act of 2003 and the USA Patriot Act of 2001 and the implementing regulations thereunder. Based on this determination, the Trust Company hereby instructs and directs USBFS to implement the Procedures on the TrustCompany’s behalf, as such may be amended or revised from time to time. It is contemplated that these Procedures will be amended from time to time by the parties as additional regulations are adopted and/or regulatory guidance is provided relating to the TrustCompany’s anti-money laundering and identity theft responsibilities. USBFS agrees to provide to the TrustCompany:
(a) Prompt written notification of any transaction or combination of transactions that USBFS believes, based on the Procedures, evidence money laundering or identity theft activities in connection with the Trust Company or any Fund shareholdershareholder of the Fund;
(b) Prompt written notification of any customer(s) that USBFS reasonably believes, based upon the Procedures, to be engaged in money laundering or identity theft activities, provided that the Trust Company agrees not to communicate this information to the customer;
(c) Any reports received by USBFS from any government agency or applicable industry self-regulatory organization pertaining to USBFS’ Anti’s anti-Money Laundering Program money laundering monitoring or the Red Flag Identity Theft Prevention Program on behalf of the Trust;
(d) Prompt written notification of any action taken in response to anti-money laundering violations or identity theft activity as described in (a), (b) or (c) immediately above); and
(e) Certified annual and quarterly reports of its monitoring and customer identification activities pursuant to the Procedures on behalf of the TrustCompany. The Trust Company hereby directs, and USBFS acknowledges, that USBFS shall (i) permit federal regulators access to such information and records maintained by USBFS and relating to USBFS’ ’s implementation of the Procedures, on behalf of the TrustCompany, as they may request, and (ii) permit such federal regulators to inspect USBFS’ ’s implementation of the Procedures on behalf of the TrustCompany. Except to the extent amended hereby, the Transfer Agent Agreement shall remain in full force and effect.
Appears in 1 contract
Samples: Transfer Agent Servicing Agreement (Mairs & Power Balanced Fund Inc)
Anti-Money Laundering and Red Flag Identity Theft Prevention Programs. The Trust Fund acknowledges that it has had an opportunity to review, consider and comment upon the written procedures provided by USBFS describing various tools used by USBFS which are designed to promote the detection and reporting of potential money laundering activity and identity theft by monitoring certain aspects of shareholder activity as well as written procedures for verifying a customer’s identity (collectively, the “Procedures”). Further, the Trust Fund and USBFS have each determined that the Procedures, as part of the TrustFund’s overall Antianti-Money Laundering Program money laundering program and Red Flag Identity Theft Prevention Programprogram, are reasonably designed to: (i) prevent each the Fund from being used for money laundering or the financing of terrorist activities; (ii) prevent identity theft; and (iii) to achieve compliance with the applicable provisions of the Bank Secrecy Act, Fair and Accurate Credit Transactions Act of 2003 and the USA Patriot Act of 2001 and the implementing regulations thereunder. Based on this determination, the Trust Fund hereby instructs and directs USBFS to implement the Procedures on the Trust’s Fund's behalf, as such may be amended or revised from time to time. , It is contemplated that these Procedures will be amended from time to time by the parties as additional regulations are adopted and/or regulatory guidance is provided relating to the Trust’s Fund's anti-money laundering and identity theft responsibilities. USBFS agrees to provide to the TrustFund:
(a) Prompt written notification of any transaction or combination of transactions that tbat USBFS believes, based on the Procedures, evidence money laundering or identity theft activities in connection with the Trust Fund or any Fund shareholdershareholder of the Fund;
(b) Prompt written notification of any customer(s) that USBFS reasonably believes, based upon the Procedures, to be engaged in money laundering or identity theft activities, provided that the Trust Fund agrees not to communicate this information to the such customer;
(c) Any reports received by USBFS from any government agency or applicable industry self-regulatory organization pertaining pe1taining to USBFS’ Anti's anti-Money Laundering Program money laundering monitoring or the Red Flag Identity Theft Prevention Program on behalf of the TrustFund;
(d) Prompt written notification of any action taken in response to anti-money laundering violations or identity theft activity as described in (a), (b) or (c) immediately above); and
(e) Certified annual and Ce1tified quarterly reports repmts of its monitoring and customer identification activities pursuant to the Procedures on behalf of the TrustFund. Upon request, USBFS will also provide a year-end annual repo1t containing such information. The Trust Fund hereby directs, and USBFS acknowledges, that USBFS shall (i) permit federal regulators access to such information and records maintained by USBFS and relating to USBFS’ 's implementation of the Procedures, Procedures on behalf of the TrustFund, as they it may request, and (ii) permit such federal regulators to inspect USBFS’ 's implementation of the Procedures on behalf of the TrustFund.
Appears in 1 contract
Samples: Transfer Agent Servicing Agreement (Bain Capital Private Credit)
Anti-Money Laundering and Red Flag Identity Theft Prevention Programs. The Trust acknowledges that it has had an opportunity to review, consider and comment upon the written procedures provided by USBFS describing various tools used by USBFS which are designed to promote the detection and reporting of potential money laundering activity and identity theft by monitoring certain aspects of shareholder activity as well as written procedures for verifying a customer’s 's identity (collectively, the “"Procedures”"). Further, the Trust and USBFS have each determined that the Procedures, as part of the Trust’s 's overall Anti-Money Laundering Program and Red Flag Identity Theft Prevention Program, are reasonably designed to: (i) prevent each Fund from being used for money laundering or the financing of terrorist activities; (ii) prevent identity theft; and (iii) achieve compliance with the applicable provisions of the Bank Secrecy Act, Fair and Accurate Credit Transactions Act of 2003 and the USA Patriot Act of 2001 and the implementing regulations thereunder. Based on this determination, the Trust hereby instructs and directs USBFS to implement the Procedures on the Trust’s 's behalf, as such may be amended or revised from time to time. It is contemplated that these Procedures will be amended from time to time by the parties as additional regulations are adopted and/or regulatory guidance is provided relating to the Trust’s 's anti-money laundering and identity theft responsibilities. USBFS agrees to provide to the Trust:
(a) Prompt written notification of any transaction or combination of transactions that USBFS believes, based on the Procedures, evidence money laundering or identity theft activities in connection with the Trust or any Fund shareholder;
(b) Prompt written notification of any customer(s) that USBFS reasonably believes, based upon the Procedures, to be engaged in money laundering or identity theft activities, provided that the Trust agrees not to communicate this information to the customer;
(c) Any reports received by USBFS from any government agency or applicable industry self-regulatory organization pertaining to USBFS’ ' Anti-Money Laundering Program or the Red Flag Identity Theft Prevention Program on behalf of the Trust;
(d) Prompt written notification of any action taken in response to anti-money laundering violations or identity theft activity as described in (a), (b) or (c) immediately above; and
(e) Certified annual and quarterly reports of its monitoring and customer identification activities pursuant to the Procedures on behalf of the Trust. The Trust hereby directs, and USBFS acknowledges, that USBFS shall (i) permit federal regulators access to such information and records maintained by USBFS and relating to USBFS’ ' implementation of the Procedures, on behalf of the Trust, as they may request, and (ii) permit such federal regulators to inspect USBFS’ ' implementation of the Procedures on behalf of the Trust.
Appears in 1 contract
Anti-Money Laundering and Red Flag Identity Theft Prevention Programs. The Trust acknowledges that it has had an opportunity to review, consider and comment upon the written procedures provided by USBFS describing various tools used by USBFS which that are designed to promote the detection and reporting of potential money laundering activity and identity theft by monitoring certain aspects of shareholder activity activity, as well as written procedures for verifying a customer’s identity (collectively, the “Procedures”). Further, the Trust and USBFS have each determined that the Procedures, as part of the Trust’s overall Antianti-Money Laundering Program money laundering program and Red Flag Identity Theft Prevention Programprogram, are reasonably designed to: (i) to prevent each Fund the Trust from being used for money laundering or the financing of terrorist activities; (ii) prevent identity theft; activities and (iii) to achieve compliance with the applicable provisions of the Bank Secrecy Act, Fair and Accurate Credit Transactions Act of 2003 and the USA Patriot Act of 2001 and the implementing regulations thereunder. Based on this determination, the Trust hereby instructs and directs USBFS to implement the Procedures on the Trust’s behalf, as such may be amended or revised from time to time. It is contemplated that these Procedures will be amended from time to time by the parties as additional regulations are adopted and/or regulatory guidance is provided relating to the Trust’s anti-money laundering and identity theft responsibilities. USBFS agrees to provide to the Trust:
(a) A. Prompt written notification of any transaction or combination of transactions that USBFS believes, based on the Procedures, evidence money laundering or identity theft activities in connection with the Trust or any Fund shareholdershareholder of the Trust;
(b) B. Prompt written notification of any customer(s) that USBFS reasonably believes, based upon the Procedures, to be engaged in money laundering or identity theft activities, provided that the Trust agrees not to communicate this information to the customer;
(c) C. Any reports received by USBFS from any government agency or applicable industry self-regulatory organization pertaining to USBFS’ Anti’s anti-Money Laundering Program money laundering monitoring or the Red Flag Identity Theft Prevention Program on behalf of the Trust;
(d) D. Prompt written notification of any action taken in response to anti-money laundering violations or identity theft activity as described in (a)subsections 5.A, (b) B or (c) immediately C above; and
(e) E. Certified annual and quarterly reports of its monitoring and customer identification activities pursuant to the Procedures on behalf of the Trust. The Trust hereby directs, and USBFS acknowledges, that USBFS shall shall: (i) permit federal regulators access to such information and records maintained by USBFS and relating to USBFS’ ’s implementation of the Procedures, on behalf of the Trust, as they may request, ; and (ii) permit such federal regulators to inspect USBFS’ ’s implementation of the Procedures on behalf of the Trust.
Appears in 1 contract
Samples: Transfer Agent Servicing Agreement (VanEck Coastland Online Finance Fund)
Anti-Money Laundering and Red Flag Identity Theft Prevention Programs. The Trust acknowledges that it has had an opportunity to review, consider and comment upon the written procedures provided by USBFS describing various tools used by USBFS which are designed to promote the detection and reporting of potential money laundering activity and identity theft by monitoring certain aspects of shareholder activity as well as written procedures for verifying a customer’s identity (collectively, the “Procedures”). Further, the Trust and USBFS have each determined that the Procedures, as part of the Trust’s overall Anti-Money Laundering Program and Red Flag Identity Theft Prevention Program, are reasonably designed to: (i) prevent each Fund from being used for money laundering or the financing of terrorist activities; (ii) prevent identity theft; and (iii) achieve compliance with the applicable provisions of the Bank Secrecy Act, Fair and Accurate Credit Transactions Act of 2003 and the USA Patriot Act of 2001 and the implementing regulations thereunder. Based on this determination, the Trust hereby instructs and directs USBFS to implement the Procedures on the Trust’s behalf, as such may be amended or revised from time to time. It is contemplated that these Procedures will be amended from time to time by the parties as additional regulations are adopted and/or regulatory guidance is provided relating to the Trust’s anti-money laundering and identity theft responsibilities. USBFS shall promptly notify the Trust of any amendments to the Procedures. USBFS agrees to provide to the Trust:
(a) Prompt written notification of any transaction or combination of transactions that USBFS believes, based on the Procedures, evidence money laundering or identity theft activities in connection with the Trust or any Fund shareholder;
(b) Prompt written notification of any customer(s) that USBFS reasonably believes, based upon the Procedures, to be engaged in money laundering or identity theft activities, provided that the Trust agrees not to communicate this information to the customer;
(c) Any reports received by USBFS from any government agency or applicable industry self-regulatory organization pertaining to USBFS’ Anti-Money Laundering Program or the Red Flag Identity Theft Prevention Program on behalf of the Trust;
(d) Prompt written notification of any action taken in response to anti-money laundering violations or identity theft activity as described in (a), (b) or (c) immediately above; and
(e) Certified annual and quarterly reports of its monitoring and customer identification activities pursuant to the Procedures on behalf of the Trust. The Trust hereby directs, and USBFS acknowledges, that USBFS shall (i) permit federal regulators access to such information and records maintained by USBFS and relating to USBFS’ implementation of the Procedures, on behalf of the Trust, as they may request, and (ii) permit such federal regulators to inspect USBFS’ implementation of the Procedures on behalf of the Trust.
Appears in 1 contract
Samples: Transfer Agent Servicing Agreement (Eip Investment Trust)
Anti-Money Laundering and Red Flag Identity Theft Prevention Programs. The Trust acknowledges that it has had an opportunity to review, consider and comment upon the written procedures provided by USBFS describing various tools used by USBFS which are designed to promote the detection and reporting of potential money laundering activity and identity theft by monitoring certain aspects of shareholder activity as well as written procedures for verifying a customer’s identity (collectively, the “Procedures”). Further, the Trust and USBFS have each determined that the Procedures, as part of the Trust’s overall Anti-Money Laundering Program and Red Flag Identity Theft Prevention Program, are reasonably designed to: (i) prevent each Fund from being used for money laundering or the financing of terrorist activities; , (ii) prevent identity theft; and (iii) achieve compliance with the applicable provisions of the Bank Secrecy Act, Fair and Accurate Credit Transactions Act of 2003 and the USA Patriot Act of 2001 and the implementing regulations thereunder. Based on this determination, the Trust hereby instructs and directs USBFS to implement the Procedures on the Trust’s behalf, as such may be amended or revised from time to time. It is contemplated that these Procedures will be amended from time to time by the parties as additional regulations are adopted and/or regulatory guidance is provided relating to the Trust’s anti-money laundering and identity theft responsibilities. USBFS agrees to provide to the Trust:
(a) A. Prompt written notification of any transaction or combination of transactions that USBFS believes, based on the Procedures, evidence money laundering or identity theft activities in connection with the Trust or any Fund shareholder;
(b) B. Prompt written notification of any customer(s) that USBFS reasonably believes, based upon the Procedures, to be engaged in money laundering or identity theft activities, provided that the Trust agrees not to communicate this information to the customer;
(c) C. Any reports received by USBFS from any government agency or applicable industry self-regulatory organization pertaining to USBFS’ ’s Anti-Money Laundering Program or the Red Flag Identity Theft Prevention Program on behalf of the Trust;
(d) D. Prompt written notification of any action taken in response to anti-money laundering violations or identity theft activity as described in (aA), (bB) or (cC) immediately above; and
(e) E. Certified annual and quarterly reports of its monitoring and customer identification activities pursuant to the Procedures on behalf of the Trust. The Trust hereby directs, and USBFS acknowledges, that USBFS shall (i) permit federal regulators access to such information and records maintained by USBFS and relating to USBFS’ implementation of the Procedures, on behalf of the Trust, as they may request, and (ii) permit such federal regulators to inspect USBFS’ implementation of the Procedures on behalf of the Trust.
Appears in 1 contract
Samples: Transfer Agent Servicing Agreement (Brookfield Investment Funds)
Anti-Money Laundering and Red Flag Identity Theft Prevention Programs. The Trust acknowledges that it has had an opportunity to review, consider and comment upon the written procedures provided by USBFS describing various tools used by USBFS which are designed to promote the detection and reporting of potential money laundering activity and identity theft by monitoring certain aspects of shareholder activity as well as written procedures for verifying a customer’s identity (collectively, the “Procedures”). Further, the Trust and USBFS have each determined that the Procedures, as part of the Trust’s overall Anti-Money Laundering Program and Red Flag Identity Theft Prevention Program, are reasonably designed to: (i) prevent each Fund from being used for money laundering or the financing of terrorist activities; (ii) prevent identity theft; and (iii) achieve compliance with the applicable provisions of the Bank Secrecy Act, Fair and Accurate Credit Transactions Act of 2003 and the USA Patriot Act of 2001 and the implementing regulations thereunder. Based on this determination, the Trust hereby instructs and directs USBFS to implement the Procedures on the Trust’s behalf, as such may be amended or revised from time to time. It is contemplated that these Procedures will be amended from time to time by the parties as additional regulations are adopted and/or regulatory guidance is provided relating to the Trust’s anti-money laundering and identity theft responsibilities. USBFS agrees to provide to the Trust:
(a) Prompt written notification of any transaction or combination of transactions that USBFS believes, based on the Procedures, evidence money laundering or identity theft activities in connection with the Trust or any Fund shareholder;
(b) Prompt written notification of any customer(s) that USBFS reasonably believes, based upon the Procedures, to be engaged in money laundering or identity theft activities, provided that the Trust agrees not to communicate this information to the customer;
(c) Any reports received by USBFS from any government agency or applicable industry self-regulatory organization pertaining to USBFS’ Anti-Money Laundering Program or the Red Flag Identity Theft Prevention Program on behalf of the Trust;
(d) Prompt written notification of any action taken in response to anti-money laundering violations or identity theft activity as described in (a), (b) or (c) immediately above; and
(e) Certified annual and quarterly reports of its monitoring and customer identification activities pursuant to the Procedures on behalf of the Trust. The Trust hereby directs, and USBFS acknowledges, that USBFS shall (i) permit federal regulators access to such information and records maintained by USBFS and relating to USBFS’ implementation of the Procedures, on behalf of the Trust, as they may request, and (ii) permit such federal regulators to inspect USBFS’ implementation of the Procedures on behalf of the Trust.
Appears in 1 contract
Samples: Transfer Agent Servicing Agreement (Symetra Mutual Funds Trust)
Anti-Money Laundering and Red Flag Identity Theft Prevention Programs. The Trust acknowledges that it has had an opportunity to review, consider and comment upon the written procedures provided by USBFS describing various tools used by USBFS which are designed to promote the detection and reporting of potential money laundering activity and identity theft by monitoring certain aspects of shareholder activity as well as written procedures for verifying a customer’s identity (collectively, the “Procedures”). Further, the Trust and USBFS have each has determined that the Procedures, as part of the Trust’s overall Antianti-Money Laundering Program money laundering program and Red Flag Identity Theft Prevention Programprogram, are reasonably designed to: (i) to prevent each Fund the Funds from being used for money laundering or the financing of terrorist activities; (ii) prevent identity theft; activities and (iii) to achieve compliance with the applicable provisions of the Bank Secrecy Act, Fair and Accurate Credit Transactions Act of 2003 and the USA Patriot Act of 2001 and the implementing regulations thereunder. Based on this determination, the Trust hereby instructs and directs USBFS to implement the Procedures on the Trust’s behalf, as such may be amended or revised from time to time. It is contemplated that these Procedures will be amended from time to time by the parties as additional regulations are adopted and/or regulatory guidance is provided relating to the Trust’s anti-money laundering and identity theft responsibilities. USBFS will provide prompt written notice upon making any material amendments or changes to the Procedures. USBFS agrees to provide to the Trust:
(a) A. Prompt written notification of any transaction or combination of transactions that USBFS believes, based on the Procedures, evidence money laundering laundering, activity that may warrant a suspicious activity report or identity theft activities in connection with the Trust or any Fund shareholdershareholder of a Fund;
(b) B. Prompt written notification of any customer(s) that USBFS reasonably believes, based upon the Procedures, to be engaged in money laundering laundering, activity that may warrant a suspicious activity report or identity theft activities, provided that the Trust agrees not to communicate this information to the customer;
(c) C. Any reports received by USBFS from any government agency or applicable industry self-regulatory organization pertaining to USBFS’ Anti’s anti-Money Laundering Program money laundering monitoring or the Red Flag Identity Theft Prevention Program on behalf of the Trust;
(d) D. Prompt written notification of any action taken in response to anti-money laundering violations or identity theft activity as described in (a)Sections 5.A., (b) 5.B. or (c) immediately above; and5.C. herein;
(e) E. Certified annual and quarterly reports of its monitoring and customer identification activities pursuant to the Procedures on behalf of the Trust. ;
F. Copies of any Bank Secrecy Act report or records USBFS files or maintains on behalf of the Trust; and The Trust hereby directs, and USBFS acknowledges, that USBFS shall shall: (i) permit federal regulators access to such information and records maintained by USBFS and relating to USBFS’ ’s implementation of the Procedures, on behalf of the Trust, as they may lawfully request, ; and (ii) permit such federal regulators to inspect USBFS’ ’s implementation of the Procedures on behalf of the Trust.
Appears in 1 contract
Samples: Transfer Agent Servicing Agreement (Permanent Portfolio Family of Funds)
Anti-Money Laundering and Red Flag Identity Theft Prevention Programs. The Trust acknowledges that it has had an opportunity to review, consider and comment upon the written procedures provided by USBFS describing various tools used by USBFS which are designed to promote the detection and reporting of potential money laundering activity and identity theft by monitoring certain aspects of shareholder activity as well as written procedures for verifying a customer’s identity (collectively, the “Procedures”). Further, the Trust and USBFS have each determined that the Procedures, as part of the Trust’s overall Anti-Money Laundering Program and Red Flag Identity Theft Prevention Program, are reasonably designed to: (i) prevent each Fund from being used for money laundering or the financing of terrorist activities; , (ii) prevent identity theft; and (iii) achieve compliance with the applicable provisions of the Bank Secrecy Act, Fair and Accurate Credit Transactions Act of 2003 and the USA Patriot Act of 2001 and the implementing regulations thereunder. Based on this determination, the Trust hereby instructs and directs USBFS to implement the Procedures on the Trust’s behalf, as such may be amended or revised from time to time. It is contemplated that these Procedures will be amended from time to time by the parties as additional regulations are adopted and/or regulatory guidance is provided relating to the Trust’s anti-money laundering and identity theft responsibilities. USBFS UXXXX agrees to provide to the Trust:
(a) A. Prompt written notification of any transaction or combination of transactions that USBFS believes, based on the Procedures, evidence money laundering or identity theft activities in connection with the Trust or any Fund shareholder;
(b) B. Prompt written notification of any customer(s) that USBFS reasonably believes, based upon the Procedures, to be engaged in money laundering or identity theft activities, provided that the Trust agrees not to communicate this information to the customer;
(c) C. Any reports received by USBFS from any government agency or applicable industry self-regulatory organization pertaining to USBFS’ ’s Anti-Money Laundering Program or the Red Flag Identity Theft Prevention Program on behalf of the Trust;
(d) D. Prompt written notification of any action taken in response to anti-money laundering violations or identity theft activity as described in (aA), (bB) or (cC) immediately above; and
(e) E. Certified annual and quarterly reports of its monitoring and customer identification activities pursuant to the Procedures on behalf of the Trust. The Trust hereby directs, and USBFS acknowledges, that USBFS shall (i) permit federal regulators access to such information and records maintained by USBFS and relating to USBFS’ implementation of the Procedures, on behalf of the Trust, as they may request, and (ii) permit such federal regulators to inspect USBFS’ implementation of the Procedures on behalf of the Trust.
Appears in 1 contract
Samples: Transfer Agent Servicing Agreement (Brookfield Investment Funds)
Anti-Money Laundering and Red Flag Identity Theft Prevention Programs. The Trust Fund acknowledges that it has had an opportunity to review, consider and comment upon the written procedures provided by USBFS describing various tools used by USBFS which are designed to promote the detection and reporting of potential money laundering activity and identity theft by monitoring certain aspects of shareholder activity as well as written procedures for verifying a customer’s identity (collectively, the “Procedures”). Further, the Trust Fund and USBFS have each determined that the Procedures, as part of the TrustFund’s overall Antianti-Money Laundering Program money laundering program and Red Flag Identity Theft Prevention Programprogram, are reasonably designed to: (i) prevent each the Fund from being used for money laundering or the financing of terrorist activities; (ii) prevent identity theft; and (iii) to achieve compliance with the applicable provisions of the Bank Secrecy Act, Fair and Accurate Credit Transactions Act of 2003 and the USA Patriot Act of 2001 and the implementing regulations thereunder. Based on this determination, the Trust Fund hereby instructs and directs USBFS to implement the Procedures on the TrustFund’s behalf, as such may be amended or revised from time to time. It is contemplated that these Procedures will be amended from time to time by the parties as additional regulations are adopted and/or regulatory guidance is provided relating to the TrustFund’s anti-money laundering and identity theft responsibilities. USBFS agrees to provide to the TrustFund:
(a) Prompt written notification of any transaction or combination of transactions that USBFS believes, based on the Procedures, evidence money laundering laundering, activity that may warrant a suspicious activity report or identity theft activities in connection with the Trust Fund or any Fund shareholdershareholder of the Fund;
(b) Prompt written notification of any customer(s) that USBFS reasonably believes, based upon the Procedures, to be engaged in money laundering laundering, activity that may warrant a suspicious activity report or identity theft activities, provided that the Trust Fund agrees not to communicate this information to the such customer;
(c) Any reports received by USBFS from any government agency or applicable industry self-regulatory organization pertaining to USBFS’ Anti’s anti-Money Laundering Program money laundering monitoring or the Red Flag Identity Theft Prevention Program on behalf of the TrustFund;
(d) Prompt written notification of any action taken in response to anti-money laundering violations or identity theft activity as described in (a), (b) or (c) immediately above); and
(e) Certified annual and quarterly reports of its monitoring and customer identification activities pursuant to the Procedures on behalf of the Trust. Fund, including an annual certification that USBFS has applied and followed the Procedures during the relevant reporting period;
(f) Prompt written notification of any material changes to the Procedures, and
(g) Annual reports summarizing any material changes to the Procedures, the internal controls relevant to the Procedures, or to USBFS’s regulatory standing The Trust Fund hereby directs, and USBFS acknowledges, that USBFS shall (i) permit federal regulators access to such information and records maintained by USBFS and relating to USBFS’ ’s implementation of the Procedures, Procedures on behalf of the TrustFund, as they it may request, and (ii) permit such federal regulators to inspect USBFS’ ’s implementation of the Procedures on behalf of the TrustFund.
Appears in 1 contract
Samples: Transfer Agent Servicing Agreement (BC Partners Lending Corp)
Anti-Money Laundering and Red Flag Identity Theft Prevention Programs. The Trust acknowledges that it has had an opportunity to review, consider and comment upon the written procedures provided by USBFS describing various tools used by USBFS which that are designed to promote the detection and reporting of potential money laundering activity and identity theft by monitoring certain aspects of shareholder activity activity, as well as written procedures for verifying a customer’s identity (collectively, the “Procedures”). Further, the Trust and USBFS have each determined that the Procedures, as part of the Trust’s overall Antianti-Money Laundering Program money laundering program and Red Flag Identity Theft Prevention Programprogram, are reasonably designed to: (i) to prevent each Fund from being used for money laundering or the financing of terrorist activities; (ii) prevent identity theft; activities and (iii) to achieve compliance with the applicable provisions of the Bank Secrecy Act, Fair and Accurate Credit Transactions Act of 2003 and the USA Patriot Act of 2001 and the implementing regulations thereunder. Based on this determination, the Trust hereby instructs and directs USBFS to implement the Procedures on the Trust’s behalf, as such may be amended or revised from time to time. It is contemplated that these Procedures will be amended from time to time by the parties as additional regulations are adopted and/or regulatory guidance is provided relating to the Trust’s anti-money laundering and identity theft responsibilities. USBFS agrees to provide to the Trust:
(a) A. Prompt written notification of any transaction or combination of transactions that USBFS believes, based on the Procedures, evidence money laundering or identity theft activities in connection with the Trust or any Fund shareholdershareholder of the Funds;
(b) B. Prompt written notification of any customer(s) that USBFS reasonably believes, based upon the Procedures, to be engaged in money laundering or identity theft activities, provided that the Trust agrees not to communicate this information to the customer;
(c) C. Any reports received by USBFS from any government agency or applicable industry self-regulatory organization pertaining to USBFS’ Anti’s anti-Money Laundering Program money laundering monitoring or the Red Flag Identity Theft Prevention Program on behalf of the Trust;
(d) D. Prompt written notification of any action taken in response to anti-money laundering violations or identity theft activity as described in (a)subsections 5.A, (b) B or (c) immediately C above; and
(e) E. Certified annual and quarterly reports of its monitoring and customer identification activities pursuant to the Procedures on behalf of the Trust. The Trust hereby directs, and USBFS acknowledges, that USBFS shall shall: (i) permit federal regulators access to such information and records maintained by USBFS and relating to USBFS’ ’s implementation of the Procedures, on behalf of the Trust, as they may request, ; and (ii) permit such federal regulators to inspect USBFS’ ’s implementation of the Procedures on behalf of the Trust.
Appears in 1 contract
Samples: Transfer Agent Servicing Agreement (Stone Ridge Trust)
Anti-Money Laundering and Red Flag Identity Theft Prevention Programs. The Trust acknowledges that it has had an opportunity to review, consider and comment upon the written procedures provided by USBFS describing various tools used by USBFS which are designed to promote the detection and reporting of potential money laundering activity and identity theft by monitoring certain aspects of shareholder activity as well as written procedures for verifying a customer’s identity (collectively, the “Procedures”). Further, the Trust and USBFS have each has determined that the Procedures, as part of the Trust’s overall Antianti-Money Laundering Program money laundering program and the Red Flag Identity Theft Prevention Programprogram, are reasonably designed to: (i) to prevent each the Fund from being used for money laundering or the financing of terrorist activities; (ii) prevent identity theft; activities and (iii) to achieve compliance with the applicable provisions of the Bank Secrecy Act, Fair and Accurate Credit Transactions Act of 2003 and the USA Patriot Act of 2001 and the implementing regulations thereunder. Based on this determination, the Trust hereby instructs and directs USBFS to implement the Procedures on the Trust’s behalf, as such may be amended or revised from time to time. It is contemplated that these Procedures will be amended from time to time by the parties as additional regulations are adopted and/or regulatory guidance is provided relating to the Trust’s anti-money laundering and identity theft responsibilities. USBFS agrees to provide to the Trust:
(a) Prompt written notification of any transaction or combination of transactions that USBFS believes, based on the Procedures, evidence money laundering or identity theft activities in connection with the Trust or any Fund shareholdershareholder of the Fund;
(b) Prompt written notification of any customer(s) that USBFS reasonably believes, based upon the Procedures, to be engaged in money laundering or identity theft activities, provided that the Trust agrees not to communicate this information to the customer;
(c) Any reports received by USBFS from any government agency or applicable industry self-regulatory organization pertaining to USBFS’ Anti’s anti-Money Laundering Program money laundering monitoring or the Red Flag Identity Theft Prevention Program on behalf of the Trust;
(d) Prompt written notification of any action taken in response to anti-money laundering violations or identity theft activity as described in (a), (b) or (c) immediately above); and
(e) Certified annual and quarterly reports of its monitoring and customer identification activities pursuant to the Procedures on behalf of the Trust. The Trust hereby directs, and USBFS acknowledges, that USBFS shall (i) permit federal regulators access to such information and records maintained by USBFS and relating to USBFS’ ’s implementation of the Procedures, on behalf of the Trust, as they may request, and (ii) permit such federal regulators to inspect USBFS’ ’s implementation of the Procedures on behalf of the Trust. Except to the extent supplemented hereby, the Agreement shall remain in full force and effect.
Appears in 1 contract
Samples: Transfer Agent Servicing Agreement (Trust for Professional Managers)
Anti-Money Laundering and Red Flag Identity Theft Prevention Programs. The Trust acknowledges that it has had an opportunity to review, consider and comment upon the written procedures provided by USBFS describing various tools used by USBFS which are designed to promote the detection and reporting of potential money laundering activity and identity theft by monitoring certain aspects of shareholder activity as well as written procedures for verifying a customer’s identity (collectively, the “Procedures”). Further, the Trust and USBFS have each has determined that the Procedures, as part of the Trust’s overall Antianti-Money Laundering Program money laundering program and Red Flag Identity Theft Prevention Programprogram, are reasonably designed to: (i) to prevent each Fund the Funds from being used for money laundering or the financing of terrorist activities; (ii) prevent identity theft; activities and (iii) to achieve compliance with the applicable provisions of the Bank Secrecy Act, Fair and Accurate Credit Transactions Act of 2003 and the USA Patriot Act of 2001 and the implementing regulations thereunder. Based on this determination, the Trust hereby instructs and directs USBFS to implement the Procedures on the Trust’s behalf, as such may be amended or revised from time to time. It is contemplated that these Procedures will be amended from time to time by the parties as additional regulations are adopted and/or regulatory guidance is provided relating to the Trust’s anti-money laundering and identity theft responsibilities. USBFS agrees to provide to the Trust:
(a) A. Prompt written notification of any transaction or combination of transactions that USBFS believes, based on the Procedures, evidence money laundering or identity theft activities in connection with the Trust or any Fund shareholdershareholder of a Fund;
(b) B. Prompt written notification of any customer(s) that USBFS reasonably believes, based upon the Procedures, to be engaged in money laundering or identity theft activities, provided that the Trust agrees not to communicate this information to the customer;
(c) C. Any reports received by USBFS from any government agency or applicable industry self-regulatory organization pertaining to USBFS’ Anti’s anti-Money Laundering Program money laundering monitoring or the Red Flag Identity Theft Prevention Program on behalf of the Trust;
(d) D. Prompt written notification of any action taken in response to anti-money laundering violations or identity theft activity as described in (a)Sections 5. A. , (b) 5 B. or (c) immediately above5 C. herein; and
(e) E. Certified annual and quarterly reports of its monitoring and customer identification activities pursuant to the Procedures on behalf of the Trust. The Trust hereby directs, and USBFS acknowledges, that USBFS shall (i) permit federal regulators access to such information and records maintained by USBFS and relating to USBFS’ ’s implementation of the Procedures, on behalf of the Trust, as they may request, and (ii) permit such federal regulators to inspect USBFS’ ’s implementation of the Procedures on behalf of the Trust.
Appears in 1 contract
Samples: Transfer Agent Servicing Agreement (Permanent Portfolio Family of Funds)
Anti-Money Laundering and Red Flag Identity Theft Prevention Programs. The Trust Corporation acknowledges that it has had an opportunity to review, consider and comment upon the written procedures provided by USBFS describing various tools used by USBFS which are designed to promote the detection and reporting of potential money laundering activity and identity theft by monitoring certain aspects of shareholder activity as well as written procedures for verifying a customer’s identity (collectively, the “Procedures”). Further, the Trust Corporation and USBFS have each determined that the Procedures, as part of the TrustCorporation’s overall Anti-Money Laundering Program and Red Flag Identity Theft Prevention Program, are reasonably designed to: (i) prevent each Fund from being used for money laundering or the financing of terrorist activities; (ii) prevent identity theft; and (iii) achieve compliance with the applicable provisions of the Bank Secrecy Act, Fair and Accurate Credit Transactions Act of 2003 and the USA Patriot Act of 2001 and the implementing regulations thereunder. Based on this determination, the Trust Corporation hereby instructs and directs USBFS to implement the Procedures on the TrustCorporation’s behalf, as such may be amended or revised from time to time. It is contemplated that these Procedures will be amended from time to time by the parties as additional regulations are adopted and/or regulatory guidance is provided relating to the TrustCorporation’s anti-money laundering and identity theft responsibilities. USBFS agrees to provide to the TrustCorporation:
(a) Prompt written notification of any transaction or combination of transactions that USBFS believes, based on the Procedures, evidence money laundering or identity theft activities in connection with the Trust Corporation or any Fund shareholder;
(b) Prompt written notification of any customer(s) that USBFS reasonably believes, based upon the Procedures, to be engaged in money laundering or identity theft activities, provided that the Trust Corporation agrees not to communicate this information to the customer;
(c) Any reports received by USBFS from any government agency or applicable industry self-regulatory organization pertaining to USBFS’ Anti-Money Laundering Program or the Red Flag Identity Theft Prevention Program on behalf of the TrustCorporation;
(d) Prompt written notification of any action taken in response to anti-money laundering violations or identity theft activity as described in (a), (b) or (c) immediately above; and
(e) Certified annual and quarterly reports of its monitoring and customer identification activities pursuant to the Procedures on behalf of the TrustCorporation. The Trust Corporation hereby directs, and USBFS acknowledges, that USBFS shall (i) permit federal regulators access to such information and records maintained by USBFS and relating to USBFS’ implementation of the Procedures, on behalf of the TrustCorporation, as they may request, and (ii) permit such federal regulators to inspect USBFS’ implementation of the Procedures on behalf of the TrustCorporation.
Appears in 1 contract
Samples: Transfer Agent Servicing Agreement (Wilshire Mutual Funds Inc)
Anti-Money Laundering and Red Flag Identity Theft Prevention Programs. The Trust acknowledges that it has had an opportunity to review, consider and comment upon the written procedures provided by USBFS describing various tools used by USBFS which are designed to promote the detection and reporting of potential money laundering activity and identity theft by monitoring certain aspects of shareholder activity as well as written procedures for verifying a customer’s identity (collectively, the “Procedures”). Further, the Trust and USBFS have each determined that the Procedures, as part of the Trust’s overall Anti-Money Laundering Program and Red Flag Identity Theft Prevention Program, are reasonably designed to: (i) prevent each Fund from being used for money laundering or the financing of terrorist activities; (ii) prevent identity theft; and (iii) achieve compliance with the applicable provisions of the Bank Secrecy Act, Fair and Accurate Credit Transactions Act of 2003 and the USA Patriot Act of 2001 and the implementing regulations thereunder. FundX Based on this determination, the Trust hereby instructs and directs USBFS to implement the Procedures on the Trust’s behalf, as such may be amended or revised from time to time. It is contemplated that these Procedures will be amended from time to time by the parties as additional regulations are adopted and/or regulatory guidance is provided relating to the Trust’s anti-money laundering and identity theft responsibilities. USBFS agrees to provide to the Trust:
(a) Prompt written notification of any transaction or combination of transactions that USBFS believes, based on the Procedures, evidence money laundering or identity theft activities in connection with the Trust or any Fund shareholder;
(b) Prompt written notification of any customer(s) that USBFS reasonably believes, based upon the Procedures, to be engaged in money laundering or identity theft activities, provided that the Trust agrees not to communicate this information to the customer;
(c) Any reports received by USBFS from any government agency or applicable industry self-regulatory organization pertaining to USBFS’ Anti-Money Laundering Program or the Red Flag Identity Theft Prevention Program on behalf of the Trust;
(d) Prompt written notification of any action taken in response to anti-money laundering violations or identity theft activity as described in (a), (b) or (c) immediately above; and
(e) Certified annual and quarterly reports of its monitoring and customer identification activities pursuant to the Procedures on behalf of the Trust. The Trust hereby directs, and USBFS acknowledges, that USBFS shall (i) permit federal regulators access to such information and records maintained by USBFS and relating to USBFS’ implementation of the Procedures, on behalf of the Trust, as they may request, and (ii) permit such federal regulators to inspect USBFS’ implementation of the Procedures on behalf of the Trust.. FundX
Appears in 1 contract
Samples: Transfer Agent Servicing Agreement (FundX Investment Trust)
Anti-Money Laundering and Red Flag Identity Theft Prevention Programs. The Trust Fund acknowledges that it has had an opportunity to review, consider and comment upon the written procedures provided by USBFS describing various tools used by USBFS which that are designed to promote the detection and reporting of potential money laundering activity and identity theft by monitoring certain aspects of shareholder activity activity, as well as written procedures for verifying a customer’s identity (collectively, the “Procedures”). Further, the Trust Fund and USBFS have each determined that the Procedures, as part of the TrustFund’s overall Antianti-Money Laundering Program money laundering program and Red Flag Identity Theft Prevention Programprogram, are reasonably designed to: (i) prevent each the Fund from being used for money laundering or the financing of terrorist activities; (ii) prevent identity theft; and (iii) achieve compliance with the applicable provisions of the Bank Secrecy Act, the Office of Foreign Assets Control Sanctions Programs (“economic sanctions”), Fair and Accurate Credit Transactions Act of 2003 and the USA Patriot Act of 2001 and the implementing regulations thereunder. The Fund further acknowledges and agrees that USBFS shall not be responsible for providing anti-money laundering or customer identification services with respect to certain intermediary or dealer-controlled customer accounts (i.e., level 0 sub-accounts through the Fund/SERV system operated by the national Securities Clearing Corporation) and other fund client relationships where there is a sub-transfer agency or similar arrangement between the Fund and the intermediary. Based on this determination, the Trust Fund hereby instructs and directs USBFS to implement the Procedures on the TrustFund’s behalf, as such may be amended or revised from time to time. It is contemplated that these Procedures will be amended from time to time by the parties as additional regulations are adopted and/or regulatory guidance is provided relating to the TrustFund’s anti-money laundering and identity theft responsibilities. USBFS agrees to provide to the TrustFund:
(a) A. Prompt written notification of any transaction or combination of transactions that USBFS believes, based on the Procedures, evidence money laundering laundering, activity that may warrant a suspicious activity report or identity theft activities in connection with the Trust Fund or any Fund shareholdershareholder of the Fund;
(b) B. Prompt written notification of any customer(s) that USBFS reasonably believes, based upon the Procedures, to be engaged in money laundering laundering, activity that may warrant a suspicious activity report or identity theft activities, provided that the Trust Fund agrees not to communicate this information to the customer;
(c) C. Any reports received by USBFS from any government agency or applicable industry self-regulatory organization pertaining to USBFS’ Anti’s anti-Money Laundering Program money laundering monitoring or the Red Flag Identity Theft Prevention Program on behalf of the TrustFund;
(d) D. Prompt written notification of any action taken in response to anti-money laundering violations or identity theft activity as described in (a)subsections 5.A, (b) B or (c) immediately C above; and;
(e) E. Certified annual and quarterly reports of its monitoring and customer identification activities pursuant to the Procedures on behalf of the TrustFund; and
F. Prompt written notification of any material changes to the Procedures. The Trust Fund hereby directs, and USBFS acknowledges, that USBFS shall shall: (i) permit federal regulators access to such information and records maintained by USBFS and relating to USBFS’ ’s implementation of the Procedures, on behalf of the TrustFund, as they may request, ; and (ii) permit such federal regulators to inspect USBFS’ ’s implementation of the Procedures on behalf of the TrustFund.
Appears in 1 contract
Samples: Transfer Agent Servicing Agreement (Stone Ridge Residential Real Estate Income Fund I, Inc.)
Anti-Money Laundering and Red Flag Identity Theft Prevention Programs. The Trust acknowledges that it has had an opportunity to review, consider and comment upon the written procedures provided by USBFS describing various tools used by USBFS which are designed to promote the detection and reporting of potential money laundering activity and identity theft by monitoring certain aspects of shareholder activity as well as written procedures for verifying a customer’s identity (collectively, the “Procedures”). Further, the Trust and USBFS have each has determined that the Procedures, as part of the Trust’s overall Antianti-Money Laundering Program money laundering program and Red Flag Identity Theft Prevention Programprogram, are reasonably designed to: (i) to prevent each the Fund from being used for money laundering or the financing of terrorist activities; (ii) prevent identity theft; activities and (iii) to achieve compliance with the applicable provisions of the Bank Secrecy Act, Fair and Accurate Credit Transactions Act of 2003 and the USA Patriot Act of 2001 and the implementing regulations thereunder. Based on this determination, the Trust hereby instructs and directs USBFS to implement the Procedures on the Trust’s behalf, as such may be amended or revised from time to time. It is contemplated that these Procedures will be amended from time to time by the parties as additional regulations are adopted and/or regulatory guidance is provided relating to the Trust’s anti-money laundering and identity theft responsibilities. USBFS agrees to provide to the Trust:
(a) Prompt written notification of any transaction or combination of transactions that USBFS believes, based on the Procedures, evidence money laundering or identity theft activities in connection with the Trust or any Fund shareholdershareholder of the Fund;
(b) Prompt written notification of any customer(s) that USBFS reasonably believes, based upon the Procedures, to be engaged in money laundering or identity theft activities, provided that the Trust agrees not to communicate this information to the customer;
(c) Any reports received by USBFS from any government agency or applicable industry self-regulatory organization pertaining to USBFS’ Anti’s anti-Money Laundering Program money laundering monitoring or the Red Flag Identity Theft Prevention Program on behalf of the Trust;
(d) Prompt written notification of any action taken in response to anti-money laundering violations or identity theft activity as described in (a), (b) or (c) immediately above); and
(e) Certified annual and quarterly reports of its monitoring and customer identification activities pursuant to the Procedures on behalf of the Trust. The Trust hereby directs, and USBFS acknowledges, that USBFS shall (i) permit federal regulators access agrees to such information and records maintained by USBFS and relating to USBFS’ implementation of supply the Procedures, on behalf of Identity Theft Prevention Program Coordinator for the Trust, as they may request, and (ii) permit such federal regulators . USBFS agrees to inspect USBFS’ implementation of the Procedures on behalf of implement the Trust’s Identity Theft Prevention Program (the “Program”) and is responsible for the following:
A. Identifying Red Flags that may be associated with identity theft based upon an ongoing risk assessment that includes an analysis of various risk factors such as:
(1) types of accounts;
(2) methods to open accounts;
(3) methods to access accounts;
(4) previous experience with identity theft;
(5) current experience with identity theft; and
(6) anticipated experience with identity theft based upon information gathered from both inside and outside sources such as affiliates, law enforcement and industry meetings.
B. Detecting Red Flags through the following sources:
(1) suspicious shareholder documentation;
(2) suspicious shareholder transactions;
(3) inconsistent shareholder information resulting from Anti-Money Laundering/Customer Identification Program reviews;
(4) inability to authenticate shareholder via telephone, internet or documentation requiring a signature guarantee;
(5) supervisory review and quality assurance checks; and
(6) fraud/AML software exception reports.
Appears in 1 contract
Samples: Transfer Agent Servicing Agreement (Evermore Value Funds Trust)
Anti-Money Laundering and Red Flag Identity Theft Prevention Programs. The Trust acknowledges that it has they have had an opportunity to review, consider and comment upon the written procedures provided by USBFS describing various tools used by USBFS which are designed to promote the detection and reporting of potential money laundering activity and identity theft by monitoring certain aspects of shareholder activity as well as written procedures for verifying a customer’s identity (collectively, the “Procedures”). Further, the Trust and USBFS have each determined that the Procedures, as part of the Trust’s overall Anti-Money Laundering Program and Red Flag Identity Theft Prevention Program, are reasonably designed to: (i) prevent each Fund from being used for money laundering or the financing of terrorist activities; (ii) prevent identity theft; and (iii) achieve compliance with the applicable provisions of the Bank Secrecy Act, Fair and Accurate Credit Transactions Act of 2003 and the USA Patriot Act of 2001 and the implementing regulations thereunder. Based on this determination, the Trust hereby instructs and directs USBFS to implement the Procedures on the Trust’s behalf, as such may be amended or revised from time to time. It is contemplated that these Procedures will be amended from time to time by the parties as additional regulations are adopted and/or regulatory guidance is provided relating to the Trust’s anti-money laundering and identity theft responsibilities. USBFS agrees to provide to the Trust:
(a) Prompt written notification of any transaction or combination of transactions that USBFS believes, based on the Procedures, evidence money laundering or identity theft activities in connection with the Trust or any Fund shareholder;
(b) Prompt written notification of any customer(s) that USBFS reasonably believes, based upon the Procedures, to be engaged in money laundering or identity theft activities, provided that the Trust agrees not to communicate this information to the customer;
(c) Any reports received by USBFS from any government agency or applicable industry self-regulatory organization pertaining to USBFS’ Anti-Money Laundering Program or the Red Flag Identity Theft Prevention Program on behalf of the Trust;
(d) Prompt written notification of any action taken in response to anti-money laundering violations or identity theft activity as described in (a), (b) or (c) immediately above; and
(e) Certified annual and quarterly reports of its monitoring and customer identification activities pursuant to the Procedures on behalf of the Trust. The Trust hereby directsdirecta, and USBFS acknowledges, that USBFS shall (i) permit federal regulators access to such information and records maintained by USBFS and relating to USBFS’ implementation of the Procedures, on behalf of the Trust, as they it may request, and (ii) permit such federal regulators to inspect USBFS’ implementation of the Procedures on behalf of the Trust.
Appears in 1 contract
Samples: Transfer Agent Servicing Agreement (Underlying Funds Trust)
Anti-Money Laundering and Red Flag Identity Theft Prevention Programs. The Trust Company acknowledges that it has had an opportunity to review, review and consider and comment upon the written procedures provided by USBFS USBGFS describing various tools used by USBFS USBGFS which are designed to promote the detection and reporting of potential money laundering activity and identity theft by monitoring certain aspects of shareholder activity as well as written procedures for verifying a customer’s identity (collectively, the “Procedures”). Further, the Trust and USBFS have each Company has determined that the Procedures, as part of the TrustCompany’s overall Antianti-Money Laundering Program money laundering program and the Red Flag Identity Theft Prevention Programprogram, are are, as of the effective date of this Agreement, reasonably designed to: (i) to prevent each Fund the Company from being used for money laundering or the financing of terrorist activities; (ii) prevent identity theft; activities and (iii) to achieve compliance with the applicable provisions of the Bank Secrecy Act, Fair and Accurate Credit Transactions Act of 2003 and 2003, the Bank Secrecy Act, the Office of Foreign Assets Control Sanctions Programs, the USA Patriot PATRIOT Act of 2001 (the “Patriot Act”), and the implementing regulations thereunder. Based on this determination, the Trust Company hereby instructs and directs USBFS USBGFS to implement the Procedures on the TrustCompany’s behalf, as such may be amended or revised from time to time. It is contemplated that these The Procedures will be amended from time to time by the parties USBGFS as additional regulations are adopted and/or regulatory guidance is provided relating to the TrustCompany’s anti-money laundering and identity theft responsibilities. USBFS USBGFS represents and warrants to the Company that, throughout the life of this Agreement, the Procedures, as amended from time to time, shall be reasonably designed to prevent the Company from being used for money laundering or the financing of terrorist activities and to achieve compliance with the applicable provisions of the Fair and Accurate Credit Transactions Act of 2003, the Bank Secrecy Act, the Office of Foreign Assets Control Sanctions Programs, the Patriot Act, and the implementing regulations thereunder. The foregoing representation shall not apply to certain intermediary or dealer-controlled customer accounts (i.e., level 0 sub-accounts through the Fund/SERV system operated by the national Securities Clearing Corporation) and other fund client relationships where there is a sub-transfer agency or similar arrangement between the Company and the intermediary. Upon the reasonable request of the Company, USBGFS shall provide to the Company: (a) a copy of USBGFS’s written AML policies and procedures; and (b) a summary of any written assessments or reports prepared by a party performing independent testing of the AML Program for compliance with applicable law and regulations, or a certification that the findings of the independent party are satisfactory. Without limiting its contractual remedies hereunder, the Company acknowledges that the Financial Crime Enforcement Network of the Department of the Treasury has stated that any mutual fund delegating responsibility for aspects of its anti-money laundering program to a third party remains responsible for assuring compliance with applicable anti-money laundering rules and regulations. Information Classification: Limited Access The Company further acknowledges and agrees that certain portions of the Procedures are applicable to certain products, entities, structures, or geographies and, accordingly, certain portions of the Procedures may not be implemented with respect to the Company. The Company has had the opportunity to discuss the Procedures with USBGFS which are in effect as of the effective date of this Agreement, and the Company understands and agrees which portions of the Procedures may not be implemented on behalf of the Company. Without limitation of the foregoing, USBGFS shall not be responsible for providing anti-money laundering or customer identification services with respect to certain intermediary or dealer-controlled customer accounts (i.e., level 0 sub-accounts through the Fund/SERV system operated by the national Securities Clearing Corporation) and other fund client relationships where there is a sub-transfer agency or similar arrangement between the Company and the intermediary. The services that USBGFS shall perform on behalf of the Company pursuant to the Procedures, which services are described in greater detail in the Procedures, shall include, but are not limited to:
a. Verifying the identity of persons purchasing shares of a Fund or otherwise becoming shareholders of a Fund pursuant to 31 § CFR 1024.220;
b. Verifying the identity of the beneficial owners of a shareholder pursuant to 31 § CFR 1010.230, in the event a shareholder is a “Legal Entity Customer” as defined in such rule;
c. Screening potential shareholders before 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”), promptly notifying the Company of a match to any such list, and assisting the Company in taking appropriate steps to block any transactions as required by applicable law or regulation;
d. Monitoring, and reporting to the Company any receipts on behalf of the Fund of more than $10,000 in currency (as defined by 31 CFR § 1010.100(m)), whether received in a single transaction or in a series of related transactions;
e. Monitoring compliance with the “Travel Rule” (131 CFR 103.33(g));
f. Identifying and conducting appropriate due diligence on correspondent accounts and private banking accounts and related applications subject to the due diligence requirements of Section 312 of the Patriot Act and prompt reporting of such identification to the Company;
g. Monitoring for any suspicious activity indicating the possibility of money laundering, financing of terrorist activities or criminal activities being conducted through the Fund; Information Classification: Limited Access
h. Comparing account information to any FinCEN request received by the Company and provided to USBGFS pursuant to Section 314(a) of the Patriot Act and providing to the Company documents/information necessary to respond to such requests within required time frames; and
i. Monitoring account activity to detect a pattern, practice, or specific activity or a combination of patterns, practices or specific activities (“Red Flags”) which may indicate the possible existence of a fraud (committed or attempted) using the identifying information of another person without authority (“Identity Theft”) and notifying the Company of any Red Flags which it detects and reasonable determines to indicate a significant risk of Identity Theft. USBGFS agrees to provide to the TrustCompany:
(a) Prompt written notification of any transaction or combination of transactions that USBFS USBGFS believes, based on the Procedures, evidence money laundering or identity theft activities in connection with the Trust Company or any Fund shareholder;
(b) Prompt written notification of any customer(s) that USBFS USBGFS reasonably believes, based upon the Procedures, to be engaged in money laundering or identity theft activities, provided that the Trust Company agrees not to communicate this information to the customer;
(c) Any reports received by USBFS USBGFS from any government agency or applicable industry self-regulatory organization pertaining to USBFSUSBGFS’ Anti-Money Laundering Program or implementation of the Red Flag Identity Theft Prevention Program Procedures on behalf of the TrustCompany;
(d) Prompt written notification of any action taken in response to anti-money laundering violations or identity theft activity as described in (a), (b) or (c) immediately above; and
(e) Certified annual and quarterly reports of its monitoring and customer identification activities pursuant to the Procedures on behalf of the TrustCompany.
(f) A certification to the Company no less frequently than annually, in a form that is mutually acceptable to the Company and USBGFS, that USGBFS has implemented the Procedures on behalf of the Company. The Trust Company hereby directs, and USBFS USBGFS acknowledges, that USBFS USBGFS shall (i) permit federal regulators access to such information and records maintained by USBFS USBGFS and relating to USBFSUSBGFS’ implementation of the Procedures, on behalf of the TrustCompany, as they may request, and (ii) permit such federal regulators to inspect USBFSUSBGFS’ implementation of the Procedures on behalf of the Trust.Company. Information Classification: Limited Access
Appears in 1 contract
Samples: Transfer Agent Servicing Agreement (State Street Institutional Funds)
Anti-Money Laundering and Red Flag Identity Theft Prevention Programs. The Trust Fund acknowledges that it has had an opportunity to review, consider and comment upon the written procedures provided by USBFS describing various tools used by USBFS which are designed to promote the detection and reporting of potential money laundering activity and identity theft by monitoring certain aspects of shareholder activity as well as written procedures for verifying a customer’s 's identity (collectively, the “"Procedures”"). Further, the Trust Fund and USBFS have each determined that the Procedures, as part of the Trust’s Fund's overall Antianti-Money Laundering Program money laundering program and Red Flag Identity Theft Prevention Programred flag identity theft prevention program, are reasonably designed to: (i) to prevent each the Fund from being used for money laundering or the financing of terrorist activities; (ii) prevent identity theft; activities and (iii) to achieve compliance with the applicable provisions of the Bank Secrecy Act, Fair and Accurate Credit Transactions Act of 2003 and the USA Patriot Act of 2001 and the implementing regulations thereunder. Based on this determination, the Trust Fund hereby instructs and directs USBFS to implement the Procedures on the Trust’s Fund's behalf, as such may be amended or revised from time to time. It is contemplated that these Procedures will be amended from time to time by the parties as additional regulations are adopted and/or regulatory guidance is provided relating to the Trust’s Fund's anti-money laundering and identity theft responsibilities. USBFS agrees to provide to the Trust:.
(a) Prompt written notification of any transaction or combination of transactions that USBFS believes, based on the Procedures, evidence money laundering or identity theft activities in connection with the Trust Fund or any Fund shareholdershareholder of the Fund;
(b) Prompt written notification of any customer(s) that USBFS reasonably believes, based upon the Procedures, to be engaged in money laundering or identity theft activities, provided that the Trust Fund agrees not to communicate this information to the customer;
(c) Any reports received by USBFS from any government agency or applicable industry self-regulatory organization pertaining to USBFS’ Anti's anti-Money Laundering Program money laundering monitoring or the Red Flag Identity Theft Prevention Program red flag identity theft prevention program on behalf of the TrustFund;
(d) Prompt written notification of any action taken in response to anti-money laundering violations or identity theft activity as described in (a), (b) or (c) immediately above; and
(e) Certified annual and quarterly reports of its monitoring and customer identification activities pursuant to the Procedures on behalf of the TrustFund. The Trust Fund hereby directs, and USBFS acknowledges, that USBFS shall (i) permit federal regulators access to such information and records maintained by USBFS and relating to USBFS’ ' implementation of the Procedures, on behalf of the TrustFund, as they may request, and (ii) permit such federal regulators to inspect USBFS’ ' implementation of the Procedures on behalf of the TrustFund.
Appears in 1 contract
Samples: Transfer Agent Servicing Agreement (USQ Core Real Estate Fund)
Anti-Money Laundering and Red Flag Identity Theft Prevention Programs. The Trust acknowledges that it has had an opportunity to review, consider and comment upon the written procedures provided by USBFS describing various tools used by USBFS which are designed to promote the detection and reporting of potential money laundering activity and identity theft by monitoring certain aspects of shareholder activity as well as written procedures for verifying a customer’s 's identity (collectively, the “"Procedures”"). Further, the Trust and USBFS have each determined that the Procedures, as part of the Trust’s 's overall Anti-Money Laundering Program and Red Flag Identity Theft Prevention Program, are reasonably designed to: (i) prevent each Fund Fw1d from being used for money laundering or the financing of terrorist activities; (ii) prevent identity theft; and (iii) achieve compliance with the applicable provisions of the Bank Secrecy Act, Fair and Accurate Credit Transactions Act of 2003 of2003 and the USA Patriot Act of 2001 of2001 and the implementing regulations thereunderU1ereunder. Based on this determination, the Trust hereby instructs and directs USBFS to implement the tile Procedures on the Trust’s 's behalf, as such may be amended or revised from time to time. It is contemplated that these Procedures will be amended from time to time by the parties parties, upon mutual agreement of each party not to be unreasonably withheld, as additional regulations are adopted and/or regulatory guidance is provided relating to the Trust’s 's anti-money laundering and identity theft responsibilities. USBFS agrees to provide to the Trust:
(a) Prompt written notification of any transaction or combination of transactions that USBFS believes, based on the Procedures, evidence money laundering or identity theft activities in connection com1ection with the Trust or any Fund shareholder;
(b) Prompt written notification of any customer(s) that USBFS reasonably believes, based upon the Procedures, to be engaged in money laundering or identity theft activities, provided that the Trust agrees not to communicate this information to the customer;
(c) Any reports repo1is received by USBFS from any government agency or applicable industry self-regulatory organization pertaining to USBFS’ ' Anti-Money Laundering Program or the Red Flag Identity Theft Prevention Program on behalf of the Trust;
(d) Prompt written notification of any action taken in response to anti-money laundering violations or identity theft activity as described in (a), (b) or (c) immediately above; and
(e) Certified annual and mid quarterly reports of its monitoring and customer identification activities pursuant to the Procedures on behalf of the Trust. The Trust hereby directs, and mid USBFS acknowledges, that USBFS shall (i) permit federal regulators access to such information and records maintained by USBFS and relating to USBFS’ ' implementation of the Procedures, on behalf of the Trust, as they may request, and (ii) permit such federal regulators to inspect USBFS’ ' implementation of the Procedures on behalf of the Trust.
Appears in 1 contract
Samples: Transfer Agent Servicing Agreement (Praxis Mutual Funds)
Anti-Money Laundering and Red Flag Identity Theft Prevention Programs. The Trust Company acknowledges that it has had an opportunity to review, review and consider and comment upon the written procedures provided by USBFS USBGFS describing various tools used by USBFS USBGFS which are designed to promote the detection and reporting of potential money laundering activity and identity theft by monitoring certain aspects of shareholder activity as well as written procedures for verifying a customer’s identity (collectively, the “Procedures”). Further, the Trust and USBFS have each Company has determined that the Procedures, as part of the TrustCompany’s overall Antianti-Money Laundering Program money laundering program and the Red Flag Identity Theft Prevention Programprogram, are are, as of the effective date of this Agreement, reasonably designed to: (i) to prevent each Fund the Company from being used for money laundering or the financing of terrorist activities; (ii) prevent identity theft; activities and (iii) to achieve compliance with the applicable provisions of the Bank Secrecy Act, Fair and Accurate Credit Transactions Act of 2003 and 2003, the Bank Secrecy Act, the Office of Foreign Assets Control Sanctions Programs, the USA Patriot PATRIOT Act of 2001 (the “Patriot Act”), and the implementing regulations thereunder. Based on this determination, the Trust Company hereby instructs and directs USBFS USBGFS to implement the Procedures on the TrustCompany’s behalf, as such may be amended or revised from time to time. It is contemplated that these The Procedures will be amended from time to time by the parties USBGFS as additional regulations are adopted and/or regulatory guidance is provided relating to the TrustCompany’s anti-money laundering and identity theft responsibilities. USBFS USBGFS represents and warrants to the Company that, throughout the life of this Agreement, the Procedures, as amended from time to time, shall be reasonably designed to prevent the Company from being used for money laundering or the financing of terrorist activities and to achieve compliance with the applicable provisions of the Fair and Accurate Credit Transactions Act of 2003, the Bank Secrecy Act, the Office of Foreign Assets Control Sanctions Programs, the Patriot Act, and the implementing regulations thereunder. The foregoing representation shall not apply to certain intermediary or dealer-controlled customer accounts (i.e., level 0 sub-accounts through the Fund/SERV system operated by the national Securities Clearing Corporation) and other fund client relationships where there is a sub-transfer agency or similar arrangement between the Company and the intermediary. Upon the reasonable request of the Company, USBGFS shall provide to the Company: (a) a copy of USBGFS’s written AML policies and procedures; and (b) a summary of any written assessments or reports prepared by a party performing independent testing of the AML Program for compliance with applicable law and regulations, or a certification that the findings of the independent party are satisfactory. Without limiting its contractual remedies hereunder, the Company acknowledges that the Financial Crime Enforcement Network of the Department of the Treasury has stated that any mutual fund delegating responsibility for aspects of its anti-money laundering program to a third party remains responsible for assuring compliance with applicable anti-money laundering rules and regulations. The Company further acknowledges and agrees that certain portions of the Procedures are applicable to certain products, entities, structures, or geographies and, accordingly, certain portions of the Procedures may not be implemented with respect to the Company. The Company has had the opportunity to discuss the Procedures with USBGFS which are in effect as of the effective date of this Agreement, and the Company understands and agrees which portions of the Procedures may not be implemented on behalf of the Company. Without limitation of the foregoing, USBGFS shall not be responsible for providing anti-money laundering or customer identification services with respect to certain intermediary or dealer-controlled customer accounts (i.e., level 0 sub-accounts through the Fund/SERV system operated by the national Securities Clearing Corporation) and other fund client relationships where there is a sub-transfer agency or similar arrangement between the Company and the intermediary. The services that USBGFS shall perform on behalf of the Company pursuant to the Procedures, which services are described in greater detail in the Procedures, shall include, but are not limited to:
a. Verifying the identity of persons purchasing shares of a Fund or otherwise becoming shareholders of a Fund pursuant to 31 § CFR 1024.220;
b. Verifying the identity of the beneficial owners of a shareholder pursuant to 31 § CFR 1010.230, in the event a shareholder is a “Legal Entity Customer” as defined in such rule;
c. Screening potential shareholders before 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”), promptly notifying the Company of a match to any such list, and assisting the Company in taking appropriate steps to block any transactions as required by applicable law or regulation;
d. Monitoring, and reporting to the Company any receipts on behalf of the Fund of more than $10,000 in currency (as defined by 31 CFR § 1010.100(m)), whether received in a single transaction or in a series of related transactions;
e. Monitoring compliance with the “Travel Rule” (131 CFR 103.33(g));
f. Identifying and conducting appropriate due diligence on correspondent accounts and private banking accounts and related applications subject to the due diligence requirements of Section 312 of the Patriot Act and prompt reporting of such identification to the Company;
g. Monitoring for any suspicious activity indicating the possibility of money laundering, financing of terrorist activities or criminal activities being conducted through the Fund;
h. Comparing account information to any FinCEN request received by the Company and provided to USBGFS pursuant to Section 314(a) of the Patriot Act and providing to the Company documents/information necessary to respond to such requests within required time frames; and
i. Monitoring account activity to detect a pattern, practice, or specific activity or a combination of patterns, practices or specific activities (“Red Flags”) which may indicate the possible existence of a fraud (committed or attempted) using the identifying information of another person without authority (“Identity Theft”) and notifying the Company of any Red Flags which it detects and reasonable determines to indicate a significant risk of Identity Theft. USBGFS agrees to provide to the TrustCompany:
(a) Prompt written notification of any transaction or combination of transactions that USBFS USBGFS believes, based on the Procedures, evidence money laundering or identity theft activities in connection with the Trust Company or any Fund shareholder;
(b) Prompt written notification of any customer(s) that USBFS USBGFS reasonably believes, based upon the Procedures, to be engaged in money laundering or identity theft activities, provided that the Trust Company agrees not to communicate this information to the customer;
(c) Any reports received by USBFS USBGFS from any government agency or applicable industry self-regulatory organization pertaining to USBFSUSBGFS’ Anti-Money Laundering Program or implementation of the Red Flag Identity Theft Prevention Program Procedures on behalf of the TrustCompany;
(d) Prompt written notification of any action taken in response to anti-money laundering violations or identity theft activity as described in (a), (b) or (c) immediately above; and
(e) Certified annual and quarterly reports of its monitoring and customer identification activities pursuant to the Procedures on behalf of the TrustCompany.
(f) A certification to the Company no less frequently than annually, in a form that is mutually acceptable to the Company and USBGFS, that USGBFS has implemented the Procedures on behalf of the Company. The Trust Company hereby directs, and USBFS USBGFS acknowledges, that USBFS USBGFS shall (i) permit federal regulators access to such information and records maintained by USBFS USBGFS and relating to USBFSUSBGFS’ implementation of the Procedures, on behalf of the TrustCompany, as they may request, and (ii) permit such federal regulators to inspect USBFSUSBGFS’ implementation of the Procedures on behalf of the TrustCompany.
Appears in 1 contract
Samples: Transfer Agent Servicing Agreement (State Street Variable Insurance Series Funds Inc)
Anti-Money Laundering and Red Flag Identity Theft Prevention Programs. The Trust Fund acknowledges that it has had an opportunity to review, consider and comment upon the written procedures provided by USBFS describing various tools used by USBFS which are designed to promote the detection and reporting of potential money laundering activity and identity theft by monitoring certain aspects of shareholder activity as well as written procedures for verifying a customer’s identity (collectively, the “Procedures”). Further, the Trust and USBFS have each determined that the Procedures, as part of the Trust’s overall Anti-Money Laundering Program and Red Flag Identity Theft Prevention Program, are reasonably designed to: (i) prevent each The Fund from being used for money laundering or the financing of terrorist activities; (ii) prevent identity theft; and (iii) achieve compliance with the applicable provisions of the Bank Secrecy Act, Fair and Accurate Credit Transactions Act of 2003 and the USA Patriot Act of 2001 and the implementing regulations thereunder. Based on this determination, the Trust hereby instructs and directs USBFS to implement the Procedures written procedures provided by USBFS describing various tools used by USBFS which are designed to promote the detection and reporting of potential money laundering activity by monitoring certain aspects of shareholder activity as well as written procedures for verifying a customer’s identity (collectively, the “Procedures”) on the TrustFund’s behalf, as such may be amended or revised from time to time. It is contemplated that these Procedures will be amended from time to time by the parties as additional regulations are adopted and/or regulatory guidance is provided relating to the Trust’s anti-money laundering and identity theft responsibilities. USBFS agrees to provide to the TrustFund:
(a) A. Prompt written notification of any transaction or combination of transactions that USBFS believes, based on the Procedures, evidence money laundering or identity theft activities in connection with the Trust Fund or any Fund shareholdershareholder of the Fund;
(b) B. Prompt written notification of any customer(s) that USBFS reasonably believes, based upon the Procedures, to be engaged in money laundering or identity theft activities, provided that the Trust Fund agrees not to communicate this information to the customer;
(c) C. Any reports received by USBFS from any government agency or applicable industry self-regulatory organization pertaining to USBFS’ Anti’s anti-Money Laundering Program money laundering monitoring or the Red Flag Identity Theft Prevention Program on behalf of the TrustFund;
(d) D. Prompt written notification of any action taken in response to anti-money laundering violations or identity theft activity as described in (a), (b) or (c) immediately above); and
(e) E. Certified annual and quarterly reports of its monitoring and customer identification activities pursuant to the Procedures on behalf of the TrustFund. USBFS shall provide such other reports on the monitoring and customer identification activities conducted at the direction of the Fund as may be agreed from time to time by USBFS and the Fund. The Trust Fund hereby directs, and USBFS acknowledgesacknowledges and agrees, that USBFS shall (i) permit federal regulators access to such information and records maintained by USBFS and relating to USBFS’ ’s implementation of the Procedures, on behalf of the TrustFund, as they may lawfully request, and (ii) permit such federal regulators to inspect USBFS’ ’s implementation of the Procedures on behalf of the TrustFund.
Appears in 1 contract
Samples: Master Services Agreement (DoubleLine Yield Opportunities Fund)
Anti-Money Laundering and Red Flag Identity Theft Prevention Programs. The Trust acknowledges that it has had an opportunity to review, consider and comment upon the written procedures provided by USBFS Fund Services describing various tools used by USBFS Fund Services which are designed to promote the detection and reporting of potential money laundering activity and identity theft by monitoring certain aspects of shareholder activity as well as written procedures for verifying a customer’s identity (collectively, the “Procedures”). Further, the Trust and USBFS have each has determined that the Procedures, as part of the Trust’s overall Antianti-Money Laundering Program money laundering program and the Red Flag Identity Theft Prevention Programprogram, are reasonably designed to: (i) to prevent each Fund the Trust from being used for money laundering or the financing of terrorist activities; (ii) prevent identity theft; activities and (iii) to achieve compliance with the applicable provisions of the Bank Secrecy Act, Fair and Accurate Credit Transactions Act of 2003 and the USA Patriot Act of 2001 and the implementing regulations thereunder. Based on this determination, the Trust hereby instructs and directs USBFS Fund Services to implement the Procedures on the Trust’s behalf, as such may be amended or revised from time to time. It is contemplated that these Procedures will be amended from time to time by the parties as additional regulations are adopted and/or regulatory guidance is provided relating to the Trust’s anti-money laundering and identity theft responsibilities. USBFS agrees to provide to the Trust:.
(a) Prompt written notification of any transaction or combination of transactions that USBFS Fund Services believes, based on the Procedures, evidence money laundering or identity theft activities in connection with the Trust or any Fund shareholdershareholder of the Trust;
(b) Prompt written notification of any customer(s) that USBFS Fund Services reasonably believes, based upon the Procedures, to be engaged in money laundering or identity theft activities, provided that the Trust agrees not to communicate this information to the customer;
(c) Any reports received by USBFS Fund Services from any government agency or applicable industry self-regulatory organization pertaining to USBFS’ AntiFund Services anti-Money Laundering Program money laundering monitoring or the Red Flag Identity Theft Prevention Program on behalf of the Trust;
(d) Prompt written notification of any action taken in response to anti-money laundering violations or identity theft activity as described in (a), (b) or (c) immediately above; and);
(e) Certified annual and quarterly reports of its monitoring and customer identification activities pursuant to on behalf of the Procedures Trust; and
(f) Copies of any Bank Secrecy Act reports filed on behalf of the Trust. The Trust hereby directs, and USBFS Fund Services acknowledges, that USBFS Fund Services shall (i) permit federal regulators access to such information and records maintained by USBFS Fund Services and relating to USBFSFund Services’ implementation of the Procedures, on behalf of the Trust, as they may request, and (ii) permit such federal regulators to inspect USBFSFund Services’ implementation of the Procedures on behalf of the Trust. In order to assist the Trust in satisfying the requirements of Rule 38a-1 under the 1940 Act (the “Rule”), Fund Services will provide the Trust’s Chief Compliance Officer with reasonable access to Fund Services’ records relating the services provided by it under this Agreement, and will provide quarterly compliance reports and related certifications regarding any Material Compliance Matter (as defined in the Rule) involving Fund Services that affects or could affect the Trust.
Appears in 1 contract
Samples: Transfer Agent Services Agreement (Mairs & Power Funds Trust)
Anti-Money Laundering and Red Flag Identity Theft Prevention Programs. The Trust Fund acknowledges that it has had an opportunity to review, consider and comment upon the written procedures provided by USBFS describing various tools used by USBFS which are designed to promote the detection and reporting of potential money laundering activity by monitoring certain aspects of shareholder activity as well as written procedures for verifying a customer-s identity (collectively, the “Procedures”). The Fund hereby instructs and identity theft directs USBFS to implement the written procedures provided by USBFS describing various tools used by USBFS which are designed to promote the detection and reporting of potential money laundering activity by monitoring certain aspects of shareholder activity as well as written procedures for verifying a customer’s identity (collectively, the “Procedures”). Further, the Trust and USBFS have each determined that the Procedures, as part of the Trust’s overall Anti-Money Laundering Program and Red Flag Identity Theft Prevention Program, are reasonably designed to: (i) prevent each Fund from being used for money laundering or the financing of terrorist activities; (ii) prevent identity theft; and (iii) achieve compliance with the applicable provisions of the Bank Secrecy Act, Fair and Accurate Credit Transactions Act of 2003 and the USA Patriot Act of 2001 and the implementing regulations thereunder. Based on this determination, the Trust hereby instructs and directs USBFS to implement the Procedures on the TrustFund’s behalf, as such may be amended or revised from time to time. It is contemplated that these Procedures will be amended from time to time by the parties as additional regulations are adopted and/or regulatory guidance is provided relating to the Trust’s anti-money laundering and identity theft responsibilities. USBFS agrees to provide to the TrustFund:
(a) A. Prompt written notification of any transaction or combination of transactions that USBFS believes, based on the Procedures, evidence money laundering xxxxxxx.xx or identity theft activities in connection with the Trust Fund or any Fund shareholdershareholder of the Fund;
(b) B. Prompt written notification of any customer(s) that USBFS reasonably believes, based upon the Procedures, to be engaged in money laundering or identity theft activities, activities provided that the Trust Fund agrees not to communicate this information to the customer;
(c) C. Any reports received by USBFS from any government agency or applicable industry self-regulatory organization pertaining to USBFS’ Anti’s anti-Money Laundering Program money laundering monitoring or the Red Flag Identity Theft Prevention Program on behalf of the TrustFund;
(d) D. Prompt written notification of any action taken in response to anti-money laundering violations or identity theft activity as is described in (a), (b) or (c) immediately above); and
(e) E. Certified annual and quarterly reports of its monitoring and customer identification activities pursuant to the Procedures on behalf of the TrustFund. The Trust hereby directs, and USBFS acknowledges, that USBFS shall (i) permit federal regulators access to provide such information other reports on the monitoring and records maintained by USBFS and relating to USBFS’ implementation of the Procedures, on behalf of the Trust, as they may request, and (ii) permit such federal regulators to inspect USBFS’ implementation of the Procedures on behalf of the Trust.customer identification activities conducted at the
Appears in 1 contract
Samples: Master Services Agreement (DoubleLine Opportunistic Credit Fund)
Anti-Money Laundering and Red Flag Identity Theft Prevention Programs. The Trust acknowledges that it has had an opportunity to review, consider and comment upon the written procedures provided by USBFS Fund Services describing various tools used by USBFS Fund Services which are designed to promote the detection and reporting of potential money laundering activity and identity theft by monitoring certain aspects of shareholder activity as well as written procedures for verifying a customer’s identity (collectively, the “Procedures”). Further, the Trust and USBFS have each has determined that the Procedures, as part of the Trust’s overall Antianti-Money Laundering Program money laundering program and the Red Flag Identity Theft Prevention Programprogram, are reasonably designed to: (i) to prevent each Fund the Trust from being used for money laundering or the financing of terrorist activities; (ii) prevent identity theft; activities and (iii) to achieve compliance with the applicable provisions of the Bank Secrecy Act, Fair and Accurate Credit Transactions Act of 2003 and the USA Patriot Act of 2001 and the implementing regulations thereunder. Based on this determination, the Trust hereby instructs and directs USBFS Fund Services to implement the Procedures on the Trust’s behalf, as such may be amended or revised from time to time. It is contemplated that these Procedures will be amended from time to time by the parties as additional regulations are adopted and/or regulatory guidance is provided relating to the Trust’s anti-money laundering and identity theft responsibilities. USBFS agrees to provide to the Trust:.
(a) a. Prompt written notification of any transaction or combination of transactions that USBFS Fund Services believes, based on the Procedures, evidence money laundering or identity theft activities in connection with the Trust or any Fund shareholdershareholder of the Trust;
(b) b. Prompt written notification of any customer(s) that USBFS Fund Services reasonably believes, based upon the Procedures, to be engaged in money laundering or identity theft activities, provided that the Trust agrees not to communicate this information to the customer;
(c) c. Any reports received by USBFS Fund Services from any government agency or applicable industry self-regulatory organization pertaining to USBFSFund Services’ Antianti-Money Laundering Program money laundering monitoring or the Red Flag Identity Theft Prevention Program on behalf of the Trust;
(d) d. Prompt written notification of any action taken in response to anti-money laundering violations or identity theft activity as described in (a), (b) or (c) immediately above); and
(e) e. Certified annual and quarterly reports of its monitoring and customer identification activities pursuant to the Procedures on behalf of the Trusteach Fund. The Trust hereby directs, and USBFS Fund Services acknowledges, that USBFS Fund Services shall (i) permit federal regulators access to such information and records maintained by USBFS Fund Services and relating to USBFSFund Services’ implementation of the Procedures, on behalf of the Trust, as they may request, and (ii) permit such federal regulators to inspect USBFSFund Services’ implementation of the Procedures on behalf of the Trust.
Appears in 1 contract
Samples: Fund Servicing Agreement (Trust for Professional Managers)
Anti-Money Laundering and Red Flag Identity Theft Prevention Programs. The Trust acknowledges that it has had an opportunity to review, consider and comment upon the written procedures provided by USBFS describing various tools used by USBFS which are designed to promote the detection and reporting of potential money laundering activity and identity theft by monitoring certain aspects of shareholder activity as well as written procedures for verifying a customer’s identity (collectively, the “Procedures”). Further, the Trust and USBFS have each has determined that the Procedures, as part of the Trust’s overall Antianti-Money Laundering Program money laundering program and Red Flag Identity Theft Prevention Programprogram, are reasonably designed to: (i) to prevent each the Fund from being used for money laundering or the financing of terrorist activities; (ii) prevent identity theft; activities and (iii) to achieve compliance with the applicable provisions of the Bank Secrecy Act, Fair and Accurate Credit Transactions Act of 2003 and the USA Patriot Act of 2001 and the implementing regulations thereunder. Based on this determination, the Trust hereby instructs and directs USBFS to implement the Procedures on the Trust’s 's behalf, as such may be amended or revised from time to time. It is contemplated that these Procedures will be amended from time to time by the parties as additional regulations are adopted and/or regulatory guidance is provided relating to the Trust’s anti-money laundering and identity theft responsibilities. USBFS agrees to provide to the Trust:
(a) A. Prompt written notification of any transaction or combination of transactions that USBFS believes, based on the Procedures, evidence money laundering or identity theft activities in connection with the Trust or any Fund shareholdershareholder of the Fund;
(b) B. Prompt written notification of any customer(s) that USBFS reasonably believes, based upon the Procedures, to be engaged in money laundering or identity theft activities, provided that the Trust agrees not to communicate this information to the customer;
(c) C. Any reports received by USBFS from any government agency or applicable industry self-regulatory organization pertaining to USBFS’ Anti’s anti-Money Laundering Program money laundering monitoring or the Red Flag Identity Theft Prevention Program on behalf of the Trust;
(d) D. Prompt written notification of any action taken in response to anti-money laundering violations or identity theft activity as described in (a), (b) or (c) immediately above); and
(e) E. Certified annual and quarterly reports of its monitoring and customer identification activities pursuant to the Procedures on behalf of the Trust. The Trust hereby directs, and USBFS acknowledges, that USBFS shall (i) permit federal regulators access to such information and records maintained by USBFS and relating to USBFS’ ’s implementation of the Procedures, on behalf of the Trust, as they may request, and (ii) permit such federal regulators to inspect USBFS’ ’s implementation of the Procedures on behalf of the Trust.
Appears in 1 contract
Samples: Transfer Agent Servicing Agreement (Allied Asset Advisors Funds)
Anti-Money Laundering and Red Flag Identity Theft Prevention Programs. The Trust acknowledges that it has had an opportunity to review, consider and comment upon the written procedures provided by USBFS describing various tools used by USBFS which are designed to promote the detection and reporting of potential money laundering activity and identity theft by monitoring certain aspects of shareholder activity as well as written procedures for verifying a customer’s identity (collectively, the “Procedures”). Further, the Trust and USBFS have each has determined that the Procedures, as part of the Trust’s overall Antianti-Money Laundering Program money laundering program and Red Flag Identity Theft Prevention Programprogram, are reasonably designed to: (i) to prevent each the Fund from being used for money laundering or the financing of terrorist activities; (ii) prevent identity theft; activities and (iii) to achieve compliance with the applicable provisions of the Bank Secrecy Act, Fair and Accurate Credit Transactions Act of 2003 and the USA Patriot Act of 2001 and the implementing regulations thereunder. Based on this determination, the Trust hereby instructs and directs USBFS to implement the Procedures on the Trust’s behalf, as such may be amended or revised from time to time. It is contemplated that these Procedures will be amended from time to time by the parties as additional regulations are adopted and/or regulatory guidance is provided relating to the Trust’s anti-money laundering and identity theft responsibilities. USBFS agrees to provide to the Trust:
(a) A. Prompt written notification of any transaction or combination of transactions that USBFS believes, based on the Procedures, evidence money laundering or identity theft activities in connection with the Trust or any Fund shareholdershareholder of the Fund;
(b) B. Prompt written notification of any customer(s) that USBFS reasonably believes, based upon the Procedures, to be engaged in money laundering or identity theft activities, provided that the Trust agrees not to communicate this information to the customer;
(c) C. Any reports received by USBFS from any government agency or applicable industry self-regulatory organization pertaining to USBFS’ Anti’s anti-Money Laundering Program money laundering monitoring or the Red Flag Identity Theft Prevention Program on behalf of the Trust;
(d) D. Prompt written notification of any action taken in response to anti-money laundering violations or identity theft activity as described in (a), (b) or (c) immediately above); and
(e) E. Certified annual and quarterly reports of its monitoring and customer identification activities pursuant to the Procedures on behalf of the Trust. The Trust hereby directs, and USBFS acknowledges, that USBFS shall (i) permit federal regulators access to such information and records maintained by USBFS and relating to USBFS’ ’s implementation of the Procedures, on behalf of the Trust, as they may request, and (ii) permit such federal regulators to inspect USBFS’ ’s implementation of the Procedures on behalf of the Trust.,
Appears in 1 contract
Samples: Transfer Agent Servicing Agreement (EntrepreneurShares Series Trust)
Anti-Money Laundering and Red Flag Identity Theft Prevention Programs. The Trust Fund acknowledges that it has had an opportunity to review, consider and comment upon the written procedures provided by USBFS describing various tools used by USBFS which are designed to promote the detection and reporting of potential money laundering activity and identity theft by monitoring certain aspects of shareholder activity as well as written procedures for verifying a customer’s identity (collectively, the “Procedures”). Further, the Trust Fund and USBFS have each determined that the Procedures, as part of the TrustFund’s overall Anti-Money Laundering Program and Red Flag Identity Theft Prevention Program, are reasonably designed to: (i) prevent each the Fund from being used for money laundering or the financing of terrorist activities; (ii) prevent identity theft; and (iii) achieve compliance with the applicable provisions of the Bank Secrecy Act, Fair and Accurate Credit Transactions Act of 2003 and the USA Patriot Act of 2001 and the implementing regulations thereunder. Based on this determination, the Trust Fund hereby instructs and directs USBFS to implement the Procedures on the TrustFund’s behalf, as such may be amended or revised from time to time. It is contemplated that these Procedures will be amended from time to time by the parties as additional regulations are adopted and/or regulatory guidance is provided relating to the TrustFund’s anti-money laundering and identity theft responsibilities. USBFS agrees to provide to the TrustFund:
(a) Prompt written notification of any transaction or combination of transactions that USBFS believes, based on the Procedures, evidence money laundering or identity theft activities in connection with the Trust Fund or any Fund shareholder;
(b) Prompt written notification of any customer(s) that USBFS reasonably believes, based upon the Procedures, to be engaged in money laundering or identity theft activities, provided that the Trust Fund agrees not to communicate this information to the customer;
(c) Any reports received by USBFS from any government agency or applicable industry self-regulatory organization pertaining to USBFS’ Anti-Money Laundering Program or the Red Flag Identity Theft Prevention Program on behalf of the TrustFund;
(d) Prompt written notification of any action taken in response to anti-money laundering violations or identity theft activity as described in (a), (b) or (c) immediately above; and
(e) Certified annual and quarterly reports of its monitoring and customer identification activities pursuant to the Procedures on behalf of the TrustFund. The Trust Fund hereby directs, and USBFS acknowledges, that USBFS shall (i) permit federal regulators access to such information and records maintained by USBFS and relating to USBFS’ implementation of the Procedures, on behalf of the TrustFund, as they may request, and (ii) permit such federal regulators to inspect USBFS’ implementation of the Procedures on behalf of the TrustFund.
Appears in 1 contract
Samples: Transfer Agent Servicing Agreement (KKR Income Opportunities Fund)
Anti-Money Laundering and Red Flag Identity Theft Prevention Programs. The Trust Company acknowledges that it has had an opportunity to review, consider and comment upon the written procedures provided by USBFS describing various tools used by USBFS which are designed to promote the detection and reporting of potential money laundering activity and identity theft by monitoring certain aspects of shareholder activity as well as written procedures for verifying a customer’s identity (collectively, the “Procedures”). Further, the Trust and USBFS have each Company has determined that the Procedures, as part of the TrustComapny’s overall Antianti-Money Laundering Program money laundering program and the Red Flag Identity Theft Prevention Programprogram, are reasonably designed to: (i) to prevent each the Fund from being used for money laundering or the financing of terrorist activities; (ii) prevent identity theft; activities and (iii) to achieve compliance with the applicable provisions of the Bank Secrecy Act, Fair and Accurate Credit Transactions Act of 2003 and the USA Patriot Act of 2001 and the implementing regulations thereunder. Based on this determination, the Trust Company hereby instructs and directs USBFS to implement the Procedures on the TrustCompany’s behalf, as such may be amended or revised from time to time. It is contemplated that these Procedures will be amended from time to time by the parties as additional regulations are adopted and/or regulatory guidance is provided relating to the TrustCompany’s anti-money laundering and identity theft responsibilities. USBFS agrees to provide to the TrustCompany:
(a) Prompt written notification of any transaction or combination of transactions that USBFS believes, based on the Procedures, evidence money laundering or identity theft activities in connection with the Trust Company or any Fund shareholdershareholder of the Fund;
(b) Prompt written notification of any customer(s) that USBFS reasonably believes, based upon the Procedures, to be engaged in money laundering or identity theft activities, provided that the Trust Company agrees not to communicate this information to the customer;
(c) Any reports received by USBFS from any government agency or applicable industry self-regulatory organization pertaining to USBFS’ Anti’s anti-Money Laundering Program money laundering monitoring or the Red Flag Identity Theft Prevention Program on behalf of the Trust;
(d) Prompt written notification of any action taken in response to anti-money laundering violations or identity theft activity as described in (a), (b) or (c) immediately above); and
(e) Certified annual and quarterly reports of its monitoring and customer identification activities pursuant to the Procedures on behalf of the TrustCompany. The Trust Company hereby directs, and USBFS acknowledges, that USBFS shall (i) permit federal regulators access to such information and records maintained by USBFS and relating to USBFS’ ’s implementation of the Procedures, on behalf of the TrustCompany, as they may request, and (ii) permit such federal regulators to inspect USBFS’ ’s implementation of the Procedures on behalf of the TrustCompany. Except to the extent amended hereby, the Transfer Agent Agreement shall remain in full force and effect.
Appears in 1 contract
Samples: Transfer Agent Servicing Agreement (Mairs & Power Growth Fund Inc)
Anti-Money Laundering and Red Flag Identity Theft Prevention Programs. The Trust acknowledges that it has had an opportunity to review, consider and comment upon the written procedures provided by USBFS describing various tools used by USBFS which are designed to promote the detection and reporting of potential money laundering activity and identity theft by monitoring certain aspects of shareholder activity as well as written procedures for verifying a customer’s identity (collectively, the “Procedures”). Further, the Trust and USBFS have each has determined that the Procedures, as part of the Trust’s overall Antianti-Money Laundering Program money laundering program and Red Flag Identity Theft Prevention Programprogram, are reasonably designed to: (i) to prevent each the Fund from being used for money laundering or the financing of terrorist activities; (ii) prevent identity theft; activities and (iii) to achieve compliance with the applicable provisions of the Bank Secrecy Act, Fair and Accurate Credit Transactions Act of 2003 and the USA Patriot Act of 2001 and the implementing regulations thereunder. Based on this determination, the Trust hereby instructs and directs USBFS to implement the Procedures on the Trust’s behalf, as such may be amended or revised from time to time. It is contemplated that these Procedures will be amended from time to time by the parties as additional regulations are adopted and/or regulatory guidance is provided relating to the Trust’s anti-money laundering and identity theft responsibilities. USBFS agrees to provide to the Trust:
(a) A. Prompt written notification of any transaction or combination of transactions that USBFS believes, based on the Procedures, evidence money laundering or identity theft activities in connection with the Trust or any Fund shareholdershareholder of the Fund;
(b) B. Prompt written notification of any customer(s) that USBFS reasonably believes, based upon the Procedures, to be engaged in money laundering or identity theft activities, provided that the Trust agrees not to communicate this information to the customer;
(c) C. Any reports received by USBFS from any government agency or applicable industry self-regulatory organization pertaining to USBFS’ Anti’s anti-Money Laundering Program money laundering monitoring or the Red Flag Identity Theft Prevention Program on behalf of the Trust;
(d) D. Prompt written notification of any action taken in response to anti-money laundering violations or identity theft activity as described in (aA), (bB) or (c) immediately aboveC); and
(e) E. Certified annual and quarterly reports of its monitoring and customer identification activities pursuant to the Procedures on behalf of the Trust. The Trust hereby directs, and USBFS acknowledges, that USBFS shall (i) permit federal regulators access to such information and records maintained by USBFS and relating to USBFS’ ’s implementation of the Procedures, on behalf of the Trust, as they may request, and (ii) permit such federal regulators to inspect USBFS’ ’s implementation of the Procedures on behalf of the Trust.
Appears in 1 contract
Samples: Transfer Agent Servicing Agreement (Mairs & Power Funds Trust)
Anti-Money Laundering and Red Flag Identity Theft Prevention Programs. The Trust Company acknowledges that it has had an opportunity to review, consider and comment upon the written procedures provided by USBFS describing various tools used by USBFS which are designed to promote the detection and reporting of potential money laundering activity and identity theft by monitoring certain aspects of shareholder activity as well as written procedures for verifying a customer’s identity (collectively, the “Procedures”). Further, the Trust Company and USBFS have each determined that the Procedures, as part of the TrustCompany’s overall Anti-Money Laundering Program and Red Flag Identity Theft Prevention Program, are reasonably designed to: (i) prevent each Fund from being used for money laundering or the financing of terrorist activities; (ii) prevent identity theft; and (iii) achieve compliance with the applicable provisions of the Bank Secrecy Act, Fair and Accurate Credit Transactions Act of 2003 and the USA Patriot Act of 2001 and the implementing regulations thereunder. Based on this determination, the Trust Company hereby instructs and directs USBFS to implement the Procedures on the TrustCompany’s behalf, as such may be amended or revised from time to time. It is contemplated that these Procedures will be amended from time to time by the parties as additional regulations are adopted and/or regulatory guidance is provided relating to the TrustCompany’s anti-money laundering and identity theft responsibilities. The Company acknowledges and agrees that although it is directing USBGFS to implement the Procedures on its behalf, USBGFS is implementing the Procedures as a service provider to the Company and the Company is and remains ultimately responsible for complying with all applicable laws, rules, and regulations with respect to anti-money laundering, customer identification, identity theft prevention, economic sanctions, and terrorist financing, whether under the Bank Secrecy Act, the USA PATRIOT Act of 2001, the Fair and Accurate Credit Transactions Act of 2003, or otherwise, including, without limitation, the establishment and board adoption of its own formal anti-money laundering program and the designation of its own anti-money laundering officer. The Company further acknowledges and agrees that certain portions of the Procedures are applicable to certain products, entities, structures, or geographies and, accordingly, certain portions of the Procedures may not be implemented with respect to the Company. The Company has had the opportunity to discuss the Procedures with USBFS, and the Company understands and agrees which portions of the Procedures may not be implemented on behalf of the Company. Without limitation of the foregoing, USBFS shall not be responsible for providing anti-money laundering or customer identification services with respect to certain intermediary or dealer-controlled customer accounts (i.e., level 0 sub-accounts through the Fund/SERV system operated by the national Securities Clearing Corporation) and other fund client relationships where there is a sub-transfer agency or similar arrangement between the Company and the intermediary. USBFS agrees to provide to the TrustCompany:
(a) Prompt written notification of any transaction or combination of transactions that USBFS believes, based on the Procedures, evidence money laundering or identity theft activities in connection with the Trust Company or any Fund shareholder;
(b) Prompt written notification of any customer(s) that USBFS reasonably believes, based upon the Procedures, to be engaged in money laundering or identity theft activities, provided that the Trust Company agrees not to communicate this information to the customer;
(c) Any reports received by USBFS from any government agency or applicable industry self-regulatory organization pertaining to USBFS’ Anti-Money Laundering Program or the Red Flag Identity Theft Prevention Program on behalf of the TrustCompany;
(d) Prompt written notification of any action taken in response to anti-money laundering violations or identity theft activity as described in (a), (b) or (c) immediately above; and
(e) Certified annual and quarterly reports of its monitoring and customer identification activities pursuant to the Procedures on behalf of the TrustCompany. The Trust Company hereby directs, and USBFS acknowledges, that USBFS shall (i) permit federal regulators access to such information and records maintained by USBFS and relating to USBFS’ implementation of the Procedures, on behalf of the TrustCompany, as they may request, and (ii) permit such federal regulators to inspect USBFS’ implementation of the Procedures on behalf of the TrustCompany.
Appears in 1 contract
Samples: Transfer Agent Servicing Agreement (Provident Mutual Funds, Inc.)