Common use of Anti-Money Laundering and Red Flag Identity Theft Prevention Programs Clause in Contracts

Anti-Money Laundering and Red Flag Identity Theft Prevention Programs. The Trust acknowledges that it had an opportunity to review and consider the written procedures provided by USBGFS describing various processes used by 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 has determined that the Procedures, as part of the Trust’s overall anti-money laundering program and identity theft prevention program responsibilities, are reasonably designed to help: (i) prevent 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 implementing regulations thereunder (together “AML Rules”). Based on this determination, the Trust hereby instructs and directs USBGFS to implement the Procedures, as applicable, on the Trust’s behalf, as such may be amended from time to time. It is contemplated that these Procedures will be amended from time to time by USBGFS and any such amended Procedures will be provided to the Trust. 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 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 USBGFS, 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, 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 USBGFS acknowledges, that USBGFS shall (i) permit federal regulators access to such information and records maintained by USBGFS and relating to USBGFS’ implementation of the Procedures, on behalf of the Trust, as they may request, and (ii) permit such federal regulators to inspect USBGFS’ implementation of the Procedures on behalf of the Trust.

Appears in 17 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)

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Anti-Money Laundering and Red Flag Identity Theft Prevention Programs. The Trust Company acknowledges that it has had an opportunity to review and consider the written procedures provided by USBGFS describing various processes tools used by 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 Company has determined that the Procedures, as part of the TrustCompany’s overall anti-money laundering program and identity theft prevention program responsibilitiesthe Red Flag Identity Theft Prevention program, are are, as of the effective date of this Agreement, reasonably designed to help: (i) prevent the Trust 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, the USA Patriot Act of 2001, the Fair and Accurate Credit Transactions Act of 2003, the Bank Secrecy Act, the Office of Foreign Assets Control Sanctions Programs, the USA PATRIOT Act of 2001 (the “Patriot Act”), and the implementing regulations thereunder (together “AML Rules”)thereunder. Based on this determination, the Trust Company hereby instructs and directs USBGFS to implement the Procedures, as applicable, 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 USBGFS and any such amended Procedures will be as additional regulations are adopted and/or regulatory guidance is provided relating to the TrustCompany’s anti-money laundering and identity theft responsibilities. Should USBGFS represents and warrants to the Trust desire that USBGFS perform services not provided for in Company that, throughout the life of this Agreement, the Procedures, such additional services 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 associated cost must be specifically detailed in the attached fee scheduleimplementing regulations thereunder. The Trust acknowledges 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 agrees that although it other fund client relationships where there is directing USBGFS to implement a sub-transfer agency or similar arrangement between the Procedures on its behalfCompany and the intermediary. Upon the reasonable request of the Company, USBGFS is implementing the Procedures as a service provider shall provide to the Trust Company: (a) a copy of USBGFS’s written AML policies and the Trust is procedures; 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 (b) a summary of any written assessments or reports prepared by a party performing independent testing of the AML RulesProgram for compliance with applicable law and regulations, or otherwise, such asa certification that the findings of the independent party are satisfactory. Without limiting its contractual remedies hereunder, the establishment and board adoption 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 own formal anti-money laundering program and the designation of its own to a third party remains responsible for assuring compliance with applicable anti-money laundering officer, as applicablerules and regulations. The Trust 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 TrustCompany. The Trust Company has had the opportunity to discuss the Procedures with USBGFSUSBGFS which are in effect as of the effective date of this Agreement, and the Trust Company understands and agrees which portions of the Procedures may not be implemented on behalf of the TrustCompany. 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 national Securities Clearing Corporation) and other fund client relationships where there is a sub-transfer agency or similar arrangement between the Trust Company and the intermediary. The Trust hereby directs, and USBGFS acknowledges, services that USBGFS shall (i) permit federal regulators access to such information and records maintained by USBGFS and relating to USBGFS’ implementation of the Procedures, perform on behalf of the TrustCompany pursuant to the Procedures, as they may requestwhich services are described in greater detail in the Procedures, and (ii) permit such federal regulators to inspect USBGFS’ implementation of the Procedures on behalf of the Trust.shall include, but are not limited to:

Appears in 7 contracts

Samples: Transfer Agent Servicing Agreement (State Street Variable Insurance Series Funds Inc), Transfer Agent Servicing Agreement (Elfun Income Fund), Transfer Agent Servicing Agreement (Elfun Trusts)

Anti-Money Laundering and Red Flag Identity Theft Prevention Programs. The Trust Fund acknowledges that it has had an opportunity to review review, consider and consider comment upon the written procedures provided by USBGFS USBFS describing various processes tools used by USBGFS 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 has Fund and USBFS have determined that the Procedures, as part of the TrustFund’s overall anti-money laundering program and identity theft prevention program responsibilitiesRed Flag Identity Theft Prevention program, are reasonably designed to helpto: (i) prevent the Trust 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, the USA Patriot Act of 2001, the Fair and Accurate Credit Transactions Act of 2003, 2003 and the USA Patriot Act of 2001 and the implementing regulations thereunder (together “AML Rules”)thereunder. Based on this determination, the Trust Fund hereby instructs and directs USBGFS USBFS to implement the Procedures, as applicable, on the TrustFund’s behalf, as such may be amended from time to time. It is contemplated that these Procedures will be amended from time to time by USBGFS USBFS and any such amended Procedures will be provided to the TrustFund. Should the Trust Fund desire that USBGFS 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 Trust Fund acknowledges and agrees that although it is directing USBGFS USBFS to implement the Procedures on its behalf, USBGFS USBFS is implementing the Procedures as a service provider to the Trust Fund and the Trust 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 Trust 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 TrustFund. The Trust Fund has had the opportunity to discuss the Procedures with USBGFSUSBFS, and the Trust Fund understands and agrees which portions of the Procedures may not be implemented on behalf of the TrustFund. Without limitation of the foregoing, USBGFS 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 Fund and the intermediary. The Trust Fund hereby directs, and USBGFS USBFS acknowledges, that USBGFS USBFS shall (i) permit federal regulators access to such information and records maintained by USBGFS USBFS and relating to USBGFSUSBFS’ implementation of the Procedures, on behalf of the TrustFund, as they may request, and (ii) permit such federal regulators to inspect USBGFSUSBFS’ 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 acknowledges that it has had an opportunity to review and consider the written procedures provided by USBGFS describing various processes tools used by 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 has determined that the Procedures, as part of the Trust’s overall anti-money laundering program and identity theft prevention program responsibilitiesthe Red Flag Identity Theft Prevention program, are reasonably designed to help: (i) prevent 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 USA Patriot Act of 2001, the Fair and Accurate Credit Transactions Act of 2003, the Bank Secrecy Act, the Office of Foreign Assets Control Sanctions Programs (“economic sanctions”), the USA PATRIOT Act of 2001, and the implementing regulations thereunder (together “AML Rules”)thereunder. Based on this determination, the Trust hereby instructs and directs USBGFS to implement the Procedures, as applicable, 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 USBGFS and any such amended Procedures will be as additional regulations are adopted and/or regulatory guidance is provided relating to the Trust. Should the Trust desire that USBGFS perform services not provided for in the Procedures, such additional services ’s anti-money laundering and the associated cost must be specifically detailed in the attached fee scheduleidentity theft responsibilities. 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 RulesBank Secrecy Act, the USA PATRIOT Act of 2001, the Fair and Accurate Credit Transactions Act of 2003, or otherwise, such asincluding, 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, 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 USBGFS, 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, 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 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 USBGFS acknowledges, that USBGFS shall (i) permit federal regulators access agrees to such information and records maintained by USBGFS and relating provide to USBGFS’ implementation of the Procedures, on behalf of the Trust, as they may request, and (ii) permit such federal regulators to inspect USBGFS’ implementation of the Procedures on behalf of the Trust.:

Appears in 4 contracts

Samples: Transfer Agent Servicing Agreement (Sprott Funds Trust), Transfer Agent Servicing Agreement (2nd Vote Funds), Transfer Agent Servicing Agreement (Siren ETF Trust)

Anti-Money Laundering and Red Flag Identity Theft Prevention Programs. The Trust Fund acknowledges that it had an opportunity to review and consider the written procedures provided by USBGFS Fund Services describing various processes used by USBGFS 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 Fund has determined that the Procedures, as part of the TrustFund’s overall anti-money laundering program and identity theft prevention program responsibilities, are reasonably designed to help: (i) prevent the Trust 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 USA Patriot Act of 2001, the Fair and Accurate Credit Transactions Act of 2003, and the implementing regulations thereunder (together “AML Rules”). Based on this determination, the Trust Fund hereby instructs and directs USBGFS Fund Services to implement the Procedures, as applicable, on the TrustFund’s behalf, as such may be amended from time to time. It is contemplated that these Procedures will be amended from time to time by USBGFS Fund Services and any such amended Procedures will be provided to the TrustFund. Should the Trust Fund desire that USBGFS 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 Fund acknowledges and agrees that although it is directing USBGFS Fund Services to implement the Procedures on its behalf, USBGFS Fund Services is implementing the Procedures as a service provider to the Trust Fund and the Trust 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 Trust 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 TrustFund. The Trust Fund has had the opportunity to discuss the Procedures with USBGFSFund Services, and the Trust Fund understands and agrees which portions of the Procedures may not be implemented on behalf of the TrustFund. Without limitation of the foregoing, USBGFS 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 Fund and the intermediary. The Trust Fund hereby directs, and USBGFS Fund Services acknowledges, that USBGFS Fund Services shall (i) permit federal regulators access to such information and records maintained by USBGFS Fund Services and relating to USBGFSFund Services’ implementation of the Procedures, on behalf of the TrustFund, as they may request, and (ii) permit such federal regulators to inspect USBGFSFund Services’ implementation of the Procedures on behalf of the TrustFund.

Appears in 4 contracts

Samples: Transfer Agent Servicing Agreement (Catalyst Strategic Income Opportunities Fund), Transfer Agent Servicing Agreement (Denali Structured Return Strategy Fund), Transfer Agent Servicing Agreement (Niagara Income Opportunities Fund)

Anti-Money Laundering and Red Flag Identity Theft Prevention Programs. The Trust acknowledges that it has had an opportunity to review review, consider and consider comment upon the written procedures provided by USBGFS USBFS describing various processes tools used by USBGFS which USBFS 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 has and USBFS have each determined that the Procedures, as part of the Trust’s overall anti-money laundering program and identity theft prevention program responsibilitiesRed Flag Identity Theft Prevention program, are reasonably designed to helpto: (i) prevent the Trust 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 USA Patriot Act Office of 2001Foreign Assets Control Sanctions Programs (“economic sanctions”), the Fair and Accurate Credit Transactions Act of 2003, 2003 and the USA Patriot Act of 2001 and the implementing regulations thereunder (together “AML Rules”). Based on this determination, the Trust hereby instructs and directs USBGFS to implement the Procedures, as applicable, on the Trust’s behalf, as such may be amended from time to time. It is contemplated that these Procedures will be amended from time to time by USBGFS and any such amended Procedures will be provided to the Trust. 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 schedulethereunder. The Trust acknowledges and agrees that although it is directing USBGFS USBFS to implement the Procedures on its behalf, USBGFS 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 RulesBank Secrecy Act, the USA PATRIOT Act of 2001, the Fair and Accurate Credit Transactions Act of 2003, or otherwise, such asincluding, 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, 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 TrustFund. The Trust Fund has had the opportunity to discuss the Procedures with USBGFSUSBFS, and the Trust Fund understands and agrees which portions of the Procedures may not be implemented on behalf of the TrustFund. Without limitation of the foregoing, USBGFS 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 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 Based on this determination, the Trust hereby directs, instructs and USBGFS acknowledges, that USBGFS shall (i) permit federal regulators access directs USBFS to such information and records maintained by USBGFS and relating to USBGFS’ implementation of the Procedures, on behalf of the Trust, as they may request, and (ii) permit such federal regulators to inspect USBGFS’ implementation of implement the Procedures on behalf of 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:

Appears in 3 contracts

Samples: Transfer Agent Servicing Agreement (Stone Ridge Longevity Risk Premium Fixed Income Trust 69F), Transfer Agent Servicing Agreement (Stone Ridge Longevity Risk Premium Fixed Income Master Trust 2045), Transfer Agent Servicing Agreement (Stone Ridge Longevity Risk Premium Fixed Income Trust 82F)

Anti-Money Laundering and Red Flag Identity Theft Prevention Programs. The Trust acknowledges that it had an opportunity to review and consider the written procedures provided by USBGFS Fund Services describing various processes used by USBGFS 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 has determined that the Procedures, as part of the Trust’s overall anti-money laundering program and identity theft prevention program responsibilities, are reasonably designed to help: (i) prevent 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 implementing regulations thereunder (together “AML Rules”). Based on this determination, the Trust hereby instructs and directs USBGFS Fund Services to implement the Procedures, as applicable, on the Trust’s behalf, as such may be amended from time to time. It is contemplated that these Procedures will be amended from time to time by USBGFS Fund Services and any such amended Procedures will be provided to the Trust. Should the Trust desire that USBGFS 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 USBGFS Fund Services to implement the Procedures on its behalf, USBGFS 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 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 USBGFSFund 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, USBGFS 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. The Trust hereby directs, and USBGFS Fund Services acknowledges, that USBGFS Fund Services shall (i) permit federal regulators access to such information and records maintained by USBGFS Fund Services and relating to USBGFSFund Services’ implementation of the Procedures, on behalf of the Trust, as they may request, and (ii) permit such federal regulators to inspect USBGFSFund Services’ implementation of the Procedures on behalf of the Trust.. Appendix A to Schedule I - Transfer Agent Services

Appears in 2 contracts

Samples: Fund Servicing Agreement (Total Fund Solution), Fund Servicing Agreement (Total Fund Solution)

Anti-Money Laundering and Red Flag Identity Theft Prevention Programs. Fund Services acknowledges and represents that (1) it is a financial institution subject to the law entitled Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (“USA Patriot”) Act of 2001 and the Bank Secrecy Act (collectively the “AML Acts”) and shall comply with the AML Acts and applicable regulations adopted thereunder (collectively, the “Applicable AML Laws”) in all relevant respects; and (2) it is subject to a rule implementing 31 U.S.C. 5318(h) (the anti-money laundering program provision of the USA Patriot Act) and is regulated by a federal functional regulator such as a federal banking regulator or the SEC. The Trust acknowledges that it has had an opportunity to review review, consider and consider comment upon the written procedures provided by USBGFS Fund Services describing various processes tools used by USBGFS 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 has and Fund Services have each determined that the Procedures, as part of the Trust’s overall antiAnti-money laundering program Money Laundering Program and identity theft prevention program responsibilitiesRed Flag Identity Theft Prevention Program, are reasonably designed to helpto: (i) prevent the Trust 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, the USA Patriot Act of 2001, the Fair and Accurate Credit Transactions Act of 2003, 2003 and the USA Patriot Act of 2001 and the implementing regulations thereunder (together “AML Rules”)thereunder. Based on this determination, the Trust hereby instructs and directs USBGFS Fund Services to implement the Procedures, as applicable, 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 USBGFS and any such amended Procedures will be the parties as additional regulations are adopted and/or regulatory guidance is provided relating to the Trust. 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 ’s anti-money laundering program and the designation of its own anti-money laundering officer, as applicableidentity theft responsibilities. The Trust further acknowledges and Fund Services 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 provide to the Trust. The Trust has had the opportunity to discuss the Procedures with USBGFS, 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, 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 USBGFS acknowledges, that USBGFS shall (i) permit federal regulators access to such information and records maintained by USBGFS and relating to USBGFS’ implementation of the Procedures, on behalf of the Trust, as they may request, and (ii) permit such federal regulators to inspect USBGFS’ implementation of the Procedures on behalf of the Trust.:

Appears in 2 contracts

Samples: Transfer Agent Servicing Agreement (Tidal ETF Trust), Transfer Agent Servicing Agreement (Tidal ETF Trust)

Anti-Money Laundering and Red Flag Identity Theft Prevention Programs. The Trust Adviser acknowledges that it had an opportunity to review and consider the written procedures provided by USBGFS describing various processes used by 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 Adviser has determined that the Procedures, as part of the TrustAdviser’s overall anti-money laundering program and identity theft prevention program responsibilities, are reasonably designed to help: (i) prevent the Trust Adviser 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 implementing regulations thereunder (together “AML Rules”). Based on this determination, the Trust Adviser hereby instructs and directs USBGFS to implement the Procedures, as applicable, on the TrustAdviser’s behalf, as such may be amended from time to time. It is contemplated that these Procedures will be amended from time to time by USBGFS and any such amended Procedures will be provided to the TrustAdviser. Should the Trust Adviser 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 Adviser 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 Adviser and the Trust Adviser 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 Adviser 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 TrustAdviser. The Trust Adviser has had the opportunity to discuss the Procedures with USBGFS, and the Trust Adviser understands and agrees which portions of the Procedures may not be implemented on behalf of the TrustAdviser. 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 Adviser and the intermediary. The Trust Adviser hereby directs, and USBGFS acknowledges, that USBGFS shall (i) permit federal regulators access to such information and records maintained by USBGFS and relating to USBGFS’ implementation of the Procedures, on behalf of the TrustAdviser, as they may request, and (ii) permit such federal regulators to inspect USBGFS’ implementation of the Procedures on behalf of the TrustAdviser.

Appears in 2 contracts

Samples: Transfer Agent Servicing Agreement (Aristotle Funds Series Trust), Transfer Agent Servicing Agreement (Aristotle Funds Series Trust)

Anti-Money Laundering and Red Flag Identity Theft Prevention Programs. The Trust acknowledges that it had an opportunity to review and consider the written procedures provided by USBGFS Fund Services describing various processes used by USBGFS 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 has determined that the Procedures, as part of the Trust’s overall anti-money laundering program and identity theft prevention program responsibilities, are reasonably designed to help: (i) prevent 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 implementing regulations thereunder (together “AML Rules”). Based on this determination, the Trust hereby instructs and directs USBGFS Fund Services to implement the Procedures, as applicable, on the Trust’s behalf, as such may be amended from time to time. It is contemplated that these Procedures will be amended from time to time by USBGFS Fund Services and any such amended Procedures will be provided to the Trust. Should the Trust desire that USBGFS 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 USBGFS Fund Services to implement the Procedures on its behalf, USBGFS 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 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 USBGFSFund 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, USBGFS 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. The Trust hereby directs, and USBGFS Fund Services acknowledges, that USBGFS Fund Services shall (i) permit federal regulators access to such information and records maintained by USBGFS Fund Services and relating to USBGFSFund Services’ implementation of the Procedures, on behalf of the Trust, as they may request, and (ii) permit such federal regulators to inspect USBGFSFund Services’ implementation of the Procedures on behalf of the Trust.

Appears in 2 contracts

Samples: Transfer Agent Servicing Agreement (Stone Ridge Trust), Agent Servicing Agreement (Grayscale Funds Trust)

Anti-Money Laundering and Red Flag Identity Theft Prevention Programs. The Trust acknowledges that it has had an opportunity to review review, consider and consider comment upon the written procedures provided by USBGFS USBFS describing various processes tools used by USBGFS which USBFS 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 has and USBFS have each determined that the Procedures, as part of the Trust’s overall anti-money laundering program and identity theft prevention program responsibilitiesRed Flag Identity Theft Prevention program, are reasonably designed to helpto: (i) prevent the Trust 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 USA Patriot Act Office of 2001Foreign Assets Control Sanctions Programs (“economic sanctions”), the Fair and Accurate Credit Transactions Act of 2003, 2003 and the USA Patriot Act of 2001 and the implementing regulations thereunder (together “AML Rules”). Based on this determination, the Trust hereby instructs and directs USBGFS to implement the Procedures, as applicable, on the Trust’s behalf, as such may be amended from time to time. It is contemplated that these Procedures will be amended from time to time by USBGFS and any such amended Procedures will be provided to the Trust. 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 schedulethereunder. The Trust acknowledges and agrees that although it is directing USBGFS USBFS to implement the Procedures on its behalf, USBGFS 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 RulesBank Secrecy Act, the USA PATRIOT Act of 2001, the Fair and Accurate Credit Transactions Act of 2003, or otherwise, such asincluding, 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, 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 USBGFS, 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, USBGFS 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 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 Based on this determination, the Trust hereby directs, instructs and USBGFS acknowledges, that USBGFS shall (i) permit federal regulators access directs USBFS to such information and records maintained by USBGFS and relating to USBGFS’ implementation of the Procedures, on behalf of the Trust, as they may request, and (ii) permit such federal regulators to inspect USBGFS’ implementation of implement the Procedures on behalf of 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:

Appears in 2 contracts

Samples: Transfer Agent Servicing Agreement (Stone Ridge Trust VI), Transfer Agent Servicing Agreement (Stone Ridge Trust VI)

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 review, consider and consider comment upon the written procedures provided by USBGFS USBFS describing various processes tools used by USBGFS 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 has and USBFS have each determined that the Procedures, as part of the Trust’s overall anti-money laundering program and identity theft prevention program responsibilities, AML Program are reasonably designed to helpto: (i) prevent the Trust 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, the USA Patriot Act of 2001, the Fair and Accurate Credit Transactions Act of 2003, 2003 and the USA Patriot Act of 2001 and the implementing regulations thereunder (together “AML Rules”)thereunder. Based on this determination, the Trust hereby instructs and directs USBGFS USBFS to implement the Procedures, as applicable, Procedures on the Trust’s behalf, as such may be amended 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 USBGFS and any such amended Procedures will be USBFS as additional regulations are adopted and/or regulatory guidance is provided relating to the Trust. 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 ’s anti-money laundering program and identity theft responsibilities, and USBFS agrees to provide the designation Trust with any such amendments within a reasonable period of its own anti-money laundering officer, as applicabletime after adoption. The Trust further acknowledges and USBFS 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 provide to the Trust. The Trust has had the opportunity to discuss the Procedures with USBGFS, 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, 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 USBGFS acknowledges, that USBGFS shall (i) permit federal regulators access to such information and records maintained by USBGFS and relating to USBGFS’ implementation of the Procedures, on behalf of the Trust, as they may request, and (ii) permit such federal regulators to inspect USBGFS’ 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 had an opportunity to review and consider the written procedures provided by USBGFS describing various processes used by 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 has determined that the Procedures, as part of the Trust’s overall anti-anti- money laundering program and identity theft prevention program responsibilities, are reasonably designed to help: (i) prevent 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 implementing regulations thereunder (together “AML Rules”). Based on this determination, the Trust hereby instructs and directs USBGFS to implement the Procedures, as applicable, on the Trust’s behalf, as such may be amended from time to time. It is contemplated that these Procedures will be amended from time to time by USBGFS and any such amended Procedures will be provided to the Trust. 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 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 USBGFS, 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, 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-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 USBGFS acknowledges, that USBGFS shall (i) permit federal regulators access to such information and records maintained by USBGFS and relating to USBGFS’ implementation of the Procedures, on behalf of the Trust, as they may request, and (ii) permit such federal regulators to inspect USBGFS’ implementation of the Procedures on behalf of the Trust.

Appears in 1 contract

Samples: Agent Servicing Agreement (PFM Multi-Manager Series Trust)

Anti-Money Laundering and Red Flag Identity Theft Prevention Programs. The Trust acknowledges that it had an opportunity to review and consider the written procedures provided by USBGFS describing various processes used by 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 has determined that the Procedures, as part of the Trust’s overall anti-money laundering program and identity theft prevention program responsibilities, are reasonably designed to help: (i) prevent 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 implementing regulations thereunder (together “AML Rules”). Based on this determination, the Trust hereby instructs and directs USBGFS to implement the Procedures, as applicable, on the Trust’s behalf, as such may be amended from time to time. It is contemplated that these Procedures will be amended from time to time by USBGFS and any such amended Procedures will be provided to the Trust. 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 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 USBGFS, 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, 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. Certain identified information has been excluded from the exhibit because it is both not material and the type that the Registrant treats as private or confidential. The Trust hereby directs, and USBGFS acknowledges, that USBGFS shall (i) permit federal regulators access to such information and records maintained by USBGFS and relating to USBGFS’ implementation of the Procedures, on behalf of the Trust, as they may request, and (ii) permit such federal regulators to inspect USBGFS’ implementation of the Procedures on behalf of the Trust.

Appears in 1 contract

Samples: Transfer Agent Servicing Agreement (Cambria ETF Trust)

Anti-Money Laundering and Red Flag Identity Theft Prevention Programs. The Trust Company acknowledges that it has had an opportunity to review and consider the written procedures provided by USBGFS describing various processes tools used by 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 Company has determined that the Procedures, as part of the TrustCompany’s overall anti-money laundering program and identity theft prevention program responsibilitiesthe Red Flag Identity Theft Prevention program, are are, as of the effective date of this Agreement, reasonably designed to help: (i) prevent the Trust 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, the USA Patriot Act of 2001, the Fair and Accurate Credit Transactions Act of 2003, the Bank Secrecy Act, the Office of Foreign Assets Control Sanctions Programs, the USA PATRIOT Act of 2001 (the “Patriot Act”), and the implementing regulations thereunder (together “AML Rules”)thereunder. Based on this determination, the Trust Company hereby instructs and directs USBGFS to implement the Procedures, as applicable, 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 USBGFS and any such amended Procedures will be as additional regulations are adopted and/or regulatory guidance is provided relating to the TrustCompany’s anti-money laundering and identity theft responsibilities. Should USBGFS represents and warrants to the Trust desire that USBGFS perform services not provided for in Company that, throughout the life of this Agreement, the Procedures, such additional services 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 associated cost must be specifically detailed in the attached fee scheduleimplementing regulations thereunder. The Trust acknowledges 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 agrees that although it other fund client relationships where there is directing USBGFS to implement a sub-transfer agency or similar arrangement between the Procedures on its behalfCompany and the intermediary. Upon the reasonable request of the Company, USBGFS is implementing the Procedures as a service provider shall provide to the Trust Company: (a) a copy of USBGFS’s written AML policies and the Trust is procedures; 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 (b) a summary of any written assessments or reports prepared by a party performing independent testing of the AML RulesProgram for compliance with applicable law and regulations, or otherwise, such asa certification that the findings of the independent party are satisfactory. Without limiting its contractual remedies hereunder, the establishment and board adoption 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 own formal anti-money laundering program and the designation of its own to a third party remains responsible for assuring compliance with applicable anti-money laundering officer, as applicablerules and regulations. Information Classification: Limited Access The Trust 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 TrustCompany. The Trust Company has had the opportunity to discuss the Procedures with USBGFSUSBGFS which are in effect as of the effective date of this Agreement, and the Trust Company understands and agrees which portions of the Procedures may not be implemented on behalf of the TrustCompany. 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 national Securities Clearing Corporation) and other fund client relationships where there is a sub-transfer agency or similar arrangement between the Trust Company and the intermediary. The Trust hereby directs, and USBGFS acknowledges, services that USBGFS shall (i) permit federal regulators access to such information and records maintained by USBGFS and relating to USBGFS’ implementation of the Procedures, perform on behalf of the TrustCompany pursuant to the Procedures, as they may requestwhich services are described in greater detail in the Procedures, and (ii) permit such federal regulators to inspect USBGFS’ implementation of the Procedures on behalf of the Trust.shall include, but are not limited to:

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 and consider the written procedures provided by USBGFS describing various processes tools used by 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 has Fund and USBGFS have each determined that the Procedures, as part of the TrustFund’s overall anti-money laundering program and identity theft prevention program responsibilitiesthe Red Flag Identity Theft Prevention program, are reasonably designed to helpto: (i) prevent the Trust Fund from being used for money laundering or the financing of terrorist activities; (ii) to prevent identity theft; and (iii) iii)to 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, the Bank Secrecy Act, the Office of Foreign Assets Control Sanctions Programs (“economic sanctions”), the USA PATRIOT Act of 2001, and the implementing regulations thereunder (together “AML Rules”)thereunder. Based on this determination, the Trust Fund hereby instructs and directs USBGFS to implement the Procedures, as applicable, 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 USBGFS and any such amended Procedures will be as additional regulations are adopted and/or regulatory guidance is provided relating to the Trust. Should the Trust desire that USBGFS perform services not provided for in the Procedures, such additional services Fund’s anti-money laundering and the associated cost must be specifically detailed in the attached fee scheduleidentity theft responsibilities. The Trust Fund 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 Fund and the Trust 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 RulesBank Secrecy Act, the USA PATRIOT Act of 2001, the Fair and Accurate Credit Transactions Act of 2003, or otherwise, such asincluding, 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, as applicable. The Trust 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 TrustFund. The Trust Fund has had the opportunity to discuss the Procedures with USBGFS, and the Trust Fund understands and agrees which portions of the Procedures may not be implemented on behalf of the TrustFund. 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 national Securities Clearing Corporation) and other fund client relationships where there is a sub-transfer agency or similar arrangement between the Trust Fund and the intermediary. The Trust hereby directs, and USBGFS acknowledges, that USBGFS shall (i) permit federal regulators access agrees to such information and records maintained by USBGFS and relating provide to USBGFS’ implementation of the Procedures, on behalf of the Trust, as they may request, and (ii) permit such federal regulators to inspect USBGFS’ implementation of the Procedures on behalf of the Trust.Fund:

Appears in 1 contract

Samples: Transfer Agent Servicing Agreement (Chestnut Street Exchange Fund)

Anti-Money Laundering and Red Flag Identity Theft Prevention Programs. The Trust acknowledges that it had an opportunity to review and consider the written procedures provided by USBGFS Fund Services describing various processes used by USBGFS 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 has determined that the Procedures, as part of the Trust’s overall anti-money laundering program and identity theft prevention program responsibilities, are reasonably designed to help: (i) prevent the Trust 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, the USA Patriot Act of 2001, the Fair and Accurate Credit Transactions Act of 2003, and the implementing regulations thereunder (together “AML Rules”). Based on this determination, the Trust hereby instructs and directs USBGFS Fund Services to implement the Procedures, as applicable, on the Trust’s behalf, as such may be amended from time to time. It is contemplated that these Procedures will be amended from time to time by USBGFS Fund Services and any such amended Procedures will be provided to the Trust. Should the Trust desire that USBGFS 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 USBGFS Fund Services to implement the Procedures on its behalf, USBGFS 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 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 USBGFSFund 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, USBGFS 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. The Trust hereby directs, and USBGFS Fund Services acknowledges, that USBGFS Fund Services shall (i) permit federal regulators access to such information and records maintained by USBGFS Fund Services and relating to USBGFSFund Services’ implementation of the Procedures, on behalf of the Trust, as they may request, and (ii) permit such federal regulators to inspect USBGFSFund Services’ implementation of the Procedures on behalf of the Trust.

Appears in 1 contract

Samples: Etf Transfer Agent Servicing Agreement (Stone Ridge Trust)

Anti-Money Laundering and Red Flag Identity Theft Prevention Programs. The Trust Fund acknowledges that it had an opportunity to review and consider the written procedures provided by USBGFS Fund Services describing various processes used by USBGFS 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 Fund has determined that the Procedures, as part of the TrustFund’s overall anti-money laundering program and identity theft prevention program responsibilities, are reasonably designed to help: (i) prevent the Trust 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 USA Patriot Act of 2001, the Fair and Accurate Credit Transactions Act of 2003, and the implementing regulations thereunder (together “AML Rules”). Based on this determination, the Trust Fund hereby instructs and directs USBGFS Fund Services to implement the Procedures, as applicable, on the TrustFund’s behalf, as such may be amended from time to time. It is contemplated that these Procedures will be amended from time to time by USBGFS Fund Services and any such amended Procedures will be provided to the TrustFund prior to their implementation. Should the Trust Fund desire that USBGFS 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 Fund acknowledges and agrees that although it is directing USBGFS Fund Services to implement the Procedures on its behalf, USBGFS Fund Services is implementing the Procedures as a service provider to the Trust Fund and the Trust 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 Trust 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 TrustFund. The Trust Fund has had the opportunity to discuss the Procedures with USBGFSFund Services, and the Trust Fund understands and agrees which portions of the Procedures may not be implemented on behalf of the TrustFund. Without limitation of the foregoing, USBGFS 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 CorporationFund) and other fund client relationships where there is a sub-transfer agency or similar arrangement between the Trust Fund and the intermediary. The Trust Fund hereby directs, and USBGFS Fund Services acknowledges, that USBGFS Fund Services shall (i) permit federal regulators access to such information and records maintained by USBGFS Fund Services and relating to USBGFSFund Services’ implementation of the Procedures, on behalf of the TrustFund, as they may request, and (ii) permit such federal regulators to inspect USBGFSFund Services’ implementation of the Procedures on behalf of the TrustFund.

Appears in 1 contract

Samples: Transfer Agent Servicing Agreement (TCW Star Direct Lending LLC)

Anti-Money Laundering and Red Flag Identity Theft Prevention Programs. The Trust Fund acknowledges that it has had an opportunity to review review, consider and consider comment upon the written procedures provided by USBGFS USBFS describing various processes tools used by USBGFS which USBFS 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 has Fund and USBFS have each determined that the Procedures, as part of the TrustFund’s overall anti-money laundering program and identity theft prevention program responsibilitiesRed Flag Identity Theft Prevention program, are reasonably designed to helpto: (i) prevent the Trust 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 USA Patriot Act Office of 2001Foreign Assets Control Sanctions Programs (“economic sanctions”), the Fair and Accurate Credit Transactions Act of 2003, 2003 and the USA Patriot Act of 2001 and the implementing regulations thereunder (together “AML Rules”). Based on this determination, the Trust hereby instructs and directs USBGFS to implement the Procedures, as applicable, on the Trust’s behalf, as such may be amended from time to time. It is contemplated that these Procedures will be amended from time to time by USBGFS and any such amended Procedures will be provided to the Trust. 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 schedulethereunder. 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 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 Trust. The Trust has had the opportunity to discuss the Procedures with USBGFS, 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, USBGFS 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 national Securities Clearing Corporation) and other fund client relationships where there is a sub-transfer agency or similar arrangement between the Trust Fund and the intermediary. The Trust Based on this determination, the Fund hereby directs, instructs and USBGFS acknowledges, that USBGFS shall (i) permit federal regulators access directs USBFS to such information and records maintained by USBGFS and relating to USBGFS’ implementation of the Procedures, on behalf of the Trust, as they may request, and (ii) permit such federal regulators to inspect USBGFS’ implementation of implement the Procedures on behalf of the Trust.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 Fund’s anti-money laundering and identity theft responsibilities. USBFS agrees to provide to the Fund:

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 Company acknowledges that it has had an opportunity to review review, consider and consider comment upon the written procedures provided by USBGFS USBFS describing various processes tools used by USBGFS 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 has determined that the Procedures, as part of the TrustCompany’s overall anti-money laundering program and identity theft prevention program responsibilitiesthe Red Flag Identity Theft Prevention program, are reasonably designed to help: (i) prevent the Trust 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, the USA Patriot Act of 2001, the Fair and Accurate Credit Transactions Act of 2003, 2003 and the USA Patriot Act of 2001 and the implementing regulations thereunder (together “AML Rules”)thereunder. Based on this determination, the Trust Company hereby instructs and directs USBGFS USBFS to implement the Procedures, as applicable, 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 USBGFS USBFS and any such amended Procedures will be provided to the TrustCompany. Should the Trust Company desire that USBGFS 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 Trust Company acknowledges and agrees that although it is directing USBGFS USBFS to implement the Procedures on its behalf, USBGFS 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 own formal anti-money laundering program and the designation of its own anti-money laundering officer, as applicable. The Trust 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 TrustCompany. The Trust Company has had the opportunity to discuss the Procedures with USBGFSUSBFS, and the Trust Company understands and agrees which portions of the Procedures may not be implemented on behalf of the TrustCompany. Without limitation of the foregoing, USBGFS 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 Company and the intermediary. The Trust Company hereby directs, and USBGFS USBFS acknowledges, that USBGFS USBFS shall (i) permit federal regulators access to such information and records maintained by USBGFS USBFS and relating to USBGFSUSBFS’ implementation of the Procedures, on behalf of the TrustCompany, as they may request, and (ii) permit such federal regulators to inspect USBGFSUSBFS’ implementation of the Procedures on behalf of the Company. Appendix A to Schedule III - Transfer Agent Services “As of” Processing Policy USBFS will reimburse each Company and/or Fund for any Net Material Loss that may exist on the Company’s or Fund’s books and for which USBFS is responsible, at the end of each calendar month. “Net Material Loss” shall be defined as any remaining loss, after netting losses against any gains, which impacts a Company’s or Fund’s net asset value per share by at least ½ cent. Gains and losses will be reflected on the Company’s or Fund’s daily share sheet, and the Company or Fund will be reimbursed for any net material loss on a monthly basis. USBFS will reset the “as of” ledger each calendar month so that any losses which do not exceed the materiality threshold of ½ cent will not be carried forward to the next succeeding month. USBFS will notify the adviser to the Fund on the daily share sheet of any losses for which the adviser may be held accountable. Exhibit A to the Master Ser ices Agreement List of Companies Angel Oak Funds Trust, with the following series: • Angel Oak Financials Income Fund • Angel Oak Multi-Strategy Income Fund • Angel Oak High Yield Opportunities Fund • Angel Oak UltraShort Income Fund • Angel Oak Core Impact Fund Angel Oak Strategic Credit Fund Angel Oak Dynamic Financial Strategies Income Term Trust Angel Oak Financial Strategies Income Term Trust Exhibit B to the Master Services Agreement List of superseded and replaced Service Line Agreements Service Line Agreements, dated October 16, 2014 by and between Angel Oak Funds Trust and U.S. Bancorp Fund Services, LLC Service Line Agreements, dated November 9, 2017 by and between Angel Oak Strategic Credit Fund and U.S. Bancorp Fund Services, LLC Service Line Agreements, dated April 29, 2020 by and between Angel Oak Dynamic Financial Strategies Income Term Trust and U.S. Bancorp Fund Services, LLC Service Line Agreements, dated August 1, 2018 by and between Angel Oak Financial Strategies Income Term Trust and U.S. Bancorp Fund Services, LLC Exhibit C to the Master Services Agreement Fund Administration, Fund Accounting, CCO Support and Transfer Agency Services Fee Schedule – April 1, 2021 Annual Fee Based Upon Average Net Assets for all registered funds in the complex [ ] basis points on the first $2 billion [ ] basis points >$2 billion – $6 billion [ ] basis point on the balance Minimum Annual Fee: $[ ] million for fund complex Fund Administration & Fund Accounting (in addition to above) Data Services Pricing Services (per security per fund per pricing day) • $[ ] – Domestic Equities, Options, ADRs, Foreign Equities, Futures, Forwards, Currency Rates, Mutual Funds, ETFs, Total Return Swaps, Total Return Bullet Swaps • $[ ] – Domestic Corporates, Domestic Convertibles, Domestic Governments, Domestic Agencies, Mortgage Backed Securities, Municipal Bonds • $[ ] – CMOs, Money Market Instruments, Foreign Corporates, Foreign Convertibles, Foreign Governments, Foreign Agencies, Asset Backed, High Yield Bonds • $[ ] – Interest Rate Swaps, Foreign Currency Swaps • $[ ] – Bank Loans • $[ ] – Credit Default Swaps • $[ ] – Swaptions • $[ ] – Intraday money market funds pricing, up to 3 times per day • $[ ] per month – Manual Security Pricing (>25 per day) Corporate Action and Factor Services (security paydown) • $[ ] per Foreign Equity Security Corporate Action Service per month • $[ ] per Domestic Equity Security Corporate Action Service per month • $[ ] per CMO, Asset Backed, Mortgage Backed Securities Factor Services per month Third-Party Administrative Data Charges (descriptive data for each security) • $[ ] per security per month for fund administrative data Pricing fees to be charged for use of BAML through IDC are as follows: Tier 1: $[ ] Tier 2: $[ ] Tier 3: $[ ] Tier 4: $[ ] Tier 5: $[ ] Each security’s Tier to be charged is determined by the pricing vendor. Rates subject to change based on changes in costs from the underlying pricing service.

Appears in 1 contract

Samples: Master Servicing Agreement (Angel Oak Funds Trust)

Anti-Money Laundering and Red Flag Identity Theft Prevention Programs. The Trust acknowledges USBGFS represents and warrants that it had an opportunity to review and consider the has adopted written procedures provided by USBGFS describing various processes used by 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 has determined USBGFS represents and warrants that the Procedures, as part of the Trust’s overall anti-money laundering program and identity theft prevention program responsibilities, Procedures are reasonably designed to helpto: (i) prevent 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 implementing regulations thereunder (together “AML Rules”). Based on this determinationthe foregoing, the Trust hereby instructs and directs USBGFS to implement the Procedures, as applicable, on the Trust’s behalf, as such may be amended 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 USBGFS and any such amended Procedures will promptly be provided to the Trust. Should USBGFS agrees to cooperate with the Trust’s AML Compliance Officer in connection with the implementation of the Trust desire AML Program. USBGFS further agrees to provide to the Trust: (a) Prompt written notification of any transaction or combination of transactions that USBGFS perform services not provided for in believes, based on the Procedures, such additional services evidence money laundering or identity theft activities in connection with the Trust; (b) Any reports received by USBGFS from any government agency or applicable industry self-regulatory organization pertaining to the Procedures; (c) Prompt written notification of any action taken in response to anti-money laundering violations or identity theft activity as described in (a) or (b); and (d) Certified annual and quarterly reports of its monitoring on behalf of the associated cost must be specifically detailed in the attached fee scheduleTrust. 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. The USBGFS represents and warrants that it has provided a copy of the Procedures to the Trust and has had given the Trust the opportunity to discuss the Procedures with USBGFS, and 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 USBGFS acknowledges, that USBGFS shall (i) permit federal regulators access to such information and records maintained by USBGFS and relating to USBGFS’ implementation of the Procedures, on behalf of the Trust, as they may request, and (ii) permit such federal regulators to inspect USBGFS’ 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. Fund Services acknowledges and represents that (1) it is a financial institution subject to the law entitled Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (“USA Patriot”) Act of 2001 and the Bank Secrecy Act (collectively the “AML Acts”) and shall comply with the AML Acts and applicable regulations adopted thereunder (collectively, the “Applicable AML Laws”) in all relevant respects; and (2) it is subject to a rule implementing 31 U.S.C. 5318(h) (the anti-money laundering program provision of the USA Patriot Act) and is regulated by a federal functional regulator such as a federal banking regulator or the SEC. The Trust acknowledges that it has had an opportunity to review review, consider and consider comment upon the written procedures provided by USBGFS Fund Services describing various processes tools used by USBGFS 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 has and Fund Services have each determined that the Procedures, as part of the Trust’s overall antiAnti-money laundering program Money Laundering Program and identity theft prevention program responsibilitiesRed Flag Identity Theft Prevention Program, are reasonably designed to helpto: (i) prevent the Trust 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, the USA Patriot Act of 2001, the Fair and Accurate Credit Transactions Act of 2003, 2003 and the USA Patriot Act of 2001 and the implementing regulations thereunder (together “AML Rules”)thereunder. Based on this determination, the Trust hereby instructs and directs USBGFS Fund Services to implement the Procedures, as applicable, 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 USBGFS and any such amended Procedures will be the parties as additional regulations are adopted and/or regulatory guidance is provided relating to the Trust. 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 ’s anti-money laundering program and the designation of its own anti-money laundering officer, as applicableidentity theft responsibilities. The Trust further acknowledges and Fund Services 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 provide to the Trust. The Trust has had : 4 (a) Prompt written notification of any transaction or combination of transactions that Fund Services believes, based on the opportunity to discuss the Procedures Procedures, evidence money laundering or identity theft activities in connection with USBGFS, and the Trust understands and or any Fund shareholder; (b) Prompt written notification of any customer(s) that Fund Services reasonably believes, based upon the Procedures, to be engaged in money laundering or identity theft activities, provided that the Trust agrees which portions of not to communicate this information to the Procedures may not be implemented customer; (c) Any reports received by Fund Services from any government agency or applicable industry self-regulatory organization pertaining to Fund Services’ Anti-Money Laundering Program or the Red Flag Identity Theft Prevention Program on behalf of the Trust. Without limitation ; (d) Prompt written notification of the foregoing, USBGFS shall not be responsible for providing 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 services with respect activities pursuant to certain intermediary or dealer-controlled customer accounts (i.e., level 0 sub-accounts through the Fund/SERV system operated by Procedures on behalf of 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 intermediaryTrust. The Trust hereby directs, and USBGFS Fund Services acknowledges, that USBGFS Fund Services shall (i) permit federal regulators access to such information and records maintained by USBGFS Fund Services and relating to USBGFSFund Services’ implementation of the Procedures, on behalf of the Trust, as they may request, and (ii) permit such federal regulators to inspect USBGFSFund Services’ implementation of the Procedures on behalf of the Trust.

Appears in 1 contract

Samples: Transfer Agent Servicing Agreement (Salt Funds Trust)

Anti-Money Laundering and Red Flag Identity Theft Prevention Programs. The Trust acknowledges that it has had an opportunity to review and consider the written procedures provided by USBGFS describing various processes tools used by 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 has determined that the Procedures, as part of the Trust’s overall anti-money laundering program and identity theft prevention program responsibilitiesthe Red Flag Identity Theft Prevention program, are reasonably designed to help: (i) prevent 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 USA Patriot Act of 2001, the Fair and Accurate Credit Transactions Act of 2003, the Bank Secrecy Act, the Office of Foreign Assets Control Sanctions Programs (“economic sanctions”), the USA PATRIOT Act of 2001, and the implementing regulations thereunder (together “AML Rules”)thereunder. Based on this determination, the Trust hereby instructs and directs USBGFS to implement the Procedures, as applicable, 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 USBGFS and any such amended Procedures will be as additional regulations are adopted and/or regulatory guidance is provided relating to the Trust. Should the Trust desire that USBGFS perform services not provided for in the Procedures, such additional services ’s anti-money laundering and the associated cost must be specifically detailed in the attached fee scheduleidentity theft responsibilities. 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 RulesBank Secrecy Act, the USA PATRIOT Act of 2001, the Fair and Accurate Credit Transactions Act of 2003, or otherwise, such asincluding, 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, 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 USBGFS, 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, 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-sub- accounts through the Fund/SERV system operated by the National 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 USBGFS acknowledges, that USBGFS shall (i) permit federal regulators access agrees to such information and records maintained by USBGFS and relating provide to USBGFS’ implementation of the Procedures, on behalf of the Trust, as they may request, and (ii) permit such federal regulators to inspect USBGFS’ implementation of the Procedures on behalf of the Trust.:

Appears in 1 contract

Samples: Transfer Agent Servicing Agreement (Intrepid Capital Management 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, consider and consider comment upon the written procedures provided by USBGFS USBFS describing various processes tools used by USBGFS 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 has Company and USBFS have each determined that the Procedures, as part of the TrustCompany’s overall antiAnti-money laundering program Money Laundering Program and identity theft prevention program responsibilitiesRed Flag Identity Theft Prevention Program, are reasonably designed to helpto: (i) prevent the Trust 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, the USA Patriot Act of 2001, the Fair and Accurate Credit Transactions Act of 2003, 2003 and the USA Patriot Act of 2001 and the implementing regulations thereunder (together “AML Rules”)thereunder. Based on this determination, the Trust Company hereby instructs and directs USBGFS USBFS to implement the Procedures, as applicable, 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 USBGFS and any such amended Procedures will be the parties as additional regulations are adopted and/or regulatory guidance is provided relating to the Trust. Should the Trust desire that USBGFS perform services not provided for in the Procedures, such additional services Company’s anti-money laundering and the associated cost must be specifically detailed in the attached fee scheduleidentity theft responsibilities. The Trust 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 Trust Company and the Trust 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 AML RulesBank Secrecy Act, the USA PATRIOT Act of 2001, the Fair and Accurate Credit Transactions Act of 2003, or otherwise, such asincluding, 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, as applicable. The Trust 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 TrustCompany. The Trust Company has had the opportunity to discuss the Procedures with USBGFSUSBFS, and the Trust Company understands and agrees which portions of the Procedures may not be implemented on behalf of the TrustCompany. Without limitation of the foregoing, USBGFS 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 national Securities Clearing Corporation) and other fund client relationships where there is a sub-transfer agency or similar arrangement between the Trust Company and the intermediary. The Trust hereby directs, and USBGFS acknowledges, that USBGFS shall (i) permit federal regulators access USBFS agrees to such information and records maintained by USBGFS and relating provide to USBGFS’ implementation of the Procedures, on behalf of the Trust, as they may request, and (ii) permit such federal regulators to inspect USBGFS’ implementation of the Procedures on behalf of the Trust.Company:

Appears in 1 contract

Samples: Transfer Agent Servicing Agreement (Provident Mutual Funds, Inc.)

Anti-Money Laundering and Red Flag Identity Theft Prevention Programs. USBFS acknowledges and represents that (1) it is a financial institution subject to the law entitled Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (“USA Patriot”) Act of 2001 and the Bank Secrecy Act (collectively the “AML Acts”) and shall comply with the AML Acts and applicable regulations adopted thereunder (collectively, the “Applicable AML Laws”) in all relevant respects; and (2) it is subject to a rule implementing 31 U.S.C. 5318(h) (the anti-money laundering program provision of the USA Patriot Act) and is regulated by a federal functional regulator such as a federal banking regulator or the SEC. The Trust acknowledges that it has had an opportunity to review review, consider and consider comment upon the written procedures provided by USBGFS Fund Services describing various processes tools used by USBGFS Fund Services which are designed to promote the detection and reporting of identity theft and 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 has and Fund Services have each determined that the Procedures, as part of the Trust’s overall antiAnti-money laundering program Money Laundering Program and identity theft prevention program responsibilitiesRed Flag Identity Theft Prevention Program, are reasonably designed to helpto: (i) prevent the Trust 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, the USA Patriot Act of 2001, the Fair and Accurate Credit Transactions Act of 2003, 2003 and the USA Patriot Act of 2001 and the implementing regulations thereunder (together “AML Rules”)thereunder. Based on this determination, the Trust hereby instructs and directs USBGFS Fund Services to implement the Procedures, as applicable, 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 USBGFS and any such amended Procedures will be the parties as additional regulations are adopted and/or regulatory guidance is provided relating to the Trust. 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 ’s anti-money laundering program and the designation of its own anti-money laundering officer, as applicableidentity theft responsibilities. The Trust further acknowledges and Fund Services 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 provide to the Trust. The Trust has had the opportunity to discuss the Procedures with USBGFS, 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, 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 USBGFS acknowledges, that USBGFS shall (i) permit federal regulators access to such information and records maintained by USBGFS and relating to USBGFS’ implementation of the Procedures, on behalf of the Trust, as they may request, and (ii) permit such federal regulators to inspect USBGFS’ implementation of the Procedures on behalf of the Trust.:

Appears in 1 contract

Samples: Transfer Agent Servicing Agreement (Alpha Architect ETF Trust)

Anti-Money Laundering and Red Flag Identity Theft Prevention Programs. The Trust acknowledges that it had an opportunity to review and consider the written procedures provided by USBGFS Fund Services describing various processes used by USBGFS 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 has determined that the Procedures, as part of the Trust’s overall anti-money laundering program and identity theft prevention program responsibilities, are reasonably designed to help: (i) prevent 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 implementing regulations thereunder (together “AML Rules”). Based on this determination, the Trust hereby instructs and directs USBGFS Fund Services to implement the Procedures, as applicable, on the Trust’s behalf, as such may be amended from time to time. It is contemplated that these Procedures will be amended from time to time by USBGFS Fund Services and any such amended Procedures will be provided to the Trust. Should the Trust desire that USBGFS 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 USBGFS Fund Services to implement the Procedures on its behalf, USBGFS 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 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 USBGFSFund 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, USBGFS USB Fund Services GFS 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 USBGFS Fund Services acknowledges, that USBGFS Fund Services shall (i) permit federal regulators access to such information and records maintained by USBGFS Fund Services and relating to USBGFSFund Services’ implementation of the Procedures, on behalf of the Trust, as they may request, and (ii) permit such federal regulators to inspect USBGFSFund Services’ implementation of the Procedures on behalf of the Trust.

Appears in 1 contract

Samples: Transfer Agent Servicing Agreement (SP Funds Trust)

Anti-Money Laundering and Red Flag Identity Theft Prevention Programs. The Trust Fund acknowledges that it has had an opportunity to review review, consider and consider comment upon the written procedures provided by USBGFS describing various processes tools used by 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 has Fund and USBGFS have each determined that the Procedures, as part of the TrustFund’s overall antiAnti-money laundering program Money Laundering Program and identity theft prevention program responsibilitiesRed Flag Identity Theft Prevention Program, are reasonably designed to helpto: (i) prevent the Trust 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 USA Patriot Act of 2001, the Fair and Accurate Credit Transactions Act of 2003, the Office of Foreign Assets Control Sanctions Programs (“economic sanctions”) and the USA Patriot Act of 2001 and the implementing regulations thereunder (together “AML Rules”)and any other applicable laws and regulations. Based on this determination, USBGFS has undertaken appropriate due diligence efforts with respect to each of the Trust hereby instructs and directs USBGFS respective investors in the Fund that have come to implement the Procedures, as applicable, on the Trust’s behalf, as such may be amended from time to time. It is contemplated that these Procedures will be amended from time to time by USBGFS and any such amended Procedures will be provided to the Trust. Should Fund directly (not through a selling agent), including 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 schedulescreening of each investor against relevant sanctions programs. The Trust Fund 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 Fund and the Trust 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 RulesBank Secrecy Act, the USA PATRIOT Act of 2001, the Fair and Accurate Credit Transactions Act of 2003, or otherwise, such asincluding, 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. Based on this determination, as applicable. The Trust further acknowledges the Fund hereby instructs and agrees that certain portions of directs USBGFS to implement the Procedures on the Fund’s behalf to the extent that Anti-Money Laundering and Red Flag Identity Theft regulations are applicable to certain productsthe Fund’s activities, entities, structures, as such may be amended or geographies and, accordingly, certain portions of revised from time to time. It is contemplated that these Procedures will be amended from time to time by the Procedures may not be implemented with respect parties as additional regulations are adopted and/or regulatory guidance is provided relating to the Trust. The Trust has had the opportunity to discuss the Procedures with USBGFS, 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, USBGFS shall not be responsible for providing Fund’s anti-money laundering or customer identification services with respect and identity theft responsibilities. USBGFS agrees to certain intermediary or dealer-controlled customer accounts (i.e., level 0 sub-accounts through provide to 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 USBGFS acknowledges, that USBGFS shall (i) permit federal regulators access to such information and records maintained by USBGFS and relating to USBGFS’ implementation of the Procedures, on behalf of the Trust, as they may request, and (ii) permit such federal regulators to inspect USBGFS’ implementation of the Procedures on behalf of the Trust.:

Appears in 1 contract

Samples: Transfer Agent Servicing Agreement (KKR Credit Opportunities Portfolio)

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Anti-Money Laundering and Red Flag Identity Theft Prevention Programs. The Trust acknowledges that it had an opportunity to review and consider the written procedures provided by USBGFS describing various processes used by 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 's identity (collectively, the "Procedures"). Further, the Trust has determined that the Procedures, as part of the Trust’s 's overall anti-anti money laundering program and identity theft prevention program responsibilities, are reasonably designed to help: (i) prevent 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 implementing regulations thereunder (together "AML Rules"). Based on this determination, the Trust hereby instructs and directs USBGFS to implement the Procedures, as applicable, on the Trust’s 's behalf, as such may be amended from time to time. It is contemplated that these Procedures will be amended from time to time by USBGFS and any such amended Procedures will be provided to the Trust. 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 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 USBGFS, 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, 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-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 USBGFS acknowledges, that USBGFS shall (i) permit federal regulators access to such information and records maintained by USBGFS and relating to USBGFS' implementation of the Procedures, on behalf of the Trust, as they may request, and (ii) permit such federal regulators to inspect USBGFS' implementation of the Procedures on behalf of the Trust.

Appears in 1 contract

Samples: Transfer Agent Servicing Agreement (Strategic Trust)

Anti-Money Laundering and Red Flag Identity Theft Prevention Programs. The Trust acknowledges that it has had an opportunity to review review, consider and consider comment upon the written procedures provided by USBGFS Fund Services describing various processes tools used by USBGFS 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 has determined that the Procedures, as part of the Trust’s overall anti-money laundering program and identity theft prevention program responsibilitiesthe Red Flag Identity Theft Prevention program, are reasonably designed to help: (i) prevent 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 USA Patriot Act of 2001, the Fair and Accurate Credit Transactions Act of 2003, 2003 and the USA Patriot Act of 2001 and the implementing regulations thereunder (together “AML Rules”). Based on this determination, the Trust hereby instructs and directs USBGFS Fund Services to implement the 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 USBGFS t Fund Services and any such amended Procedures will be provided to the Trust. Should the Trust desire that USBGFS 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 USBGFS Fund Services to implement the Procedures on its behalf, USBGFS 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 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 USBGFSFund 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, USBGFS 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. The Trust hereby directs, and USBGFS Fund Services acknowledges, that USBGFS Fund Services shall (i) permit federal regulators access to such information and records maintained by USBGFS Fund Services and relating to USBGFSFund Services’ implementation of the Procedures, on behalf of the Trust, as they may request, and (ii) permit such federal regulators to inspect USBGFSFund Services’ implementation of the Procedures on behalf of the Trust.. Schedule II Fund Administration Services

Appears in 1 contract

Samples: Fund Servicing Agreement (ETF Managers Trust)

Anti-Money Laundering and Red Flag Identity Theft Prevention Programs. The Trust Fund acknowledges that it has had an opportunity to review review, consider and consider comment upon the written procedures provided by USBGFS Fund Services describing various processes tools used by USBGFS 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 has Fund and Fund Services have determined that the Procedures, as part of the TrustFund’s overall anti-money laundering program and identity theft prevention program responsibilitiesRed Flag Identity Theft Prevention program, are reasonably designed to helpto: (i) prevent the Trust 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, the USA Patriot Act of 2001, the Fair and Accurate Credit Transactions Act of 2003, 2003 and the USA Patriot Act of 2001 and the implementing regulations thereunder (together “AML Rules”)thereunder. Based on this determination, the Trust Fund hereby instructs and directs USBGFS Fund Services to implement the Procedures, as applicable, on the TrustFund’s behalf, as such may be amended from time to time. It is contemplated that these Procedures will be amended from time to time by USBGFS Fund Services and any such amended Procedures will be provided to the TrustFund. Should the Trust Fund desire that USBGFS 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 Fund acknowledges and agrees that although it is directing USBGFS Fund Services to implement the Procedures on its behalf, USBGFS Fund Services is implementing the Procedures as a service provider to the Trust Fund and the Trust 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 Trust 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 TrustFund. The Trust Fund has had the opportunity to discuss the Procedures with USBGFSFund Services, and the Trust Fund understands and agrees which portions of the Procedures may not be implemented on behalf of the TrustFund. Without limitation of the foregoing, USBGFS 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 Fund and the intermediary. The Trust Fund hereby directs, and USBGFS Fund Services acknowledges, that USBGFS Fund Services shall (i) permit federal regulators access to such information and records maintained by USBGFS Fund Services and relating to USBGFSFund Services’ implementation of the Procedures, on behalf of the TrustFund, as they may request, and (ii) permit such federal regulators to inspect USBGFSFund Services’ implementation of the Procedures on behalf of the TrustFund.

Appears in 1 contract

Samples: Transfer Agent Servicing Agreement (Nuveen Churchill Private Credit Fund)

Anti-Money Laundering and Red Flag Identity Theft Prevention Programs. The Trust Company acknowledges that it has had an opportunity to review and consider the written procedures provided by USBGFS describing various processes tools used by 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 Company has determined that the Procedures, as part of the TrustCompany’s overall anti-money laundering program and identity theft prevention program responsibilitiesthe Red Flag Identity Theft Prevention program, are reasonably designed to help: (i) prevent the Trust 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, the USA Patriot Act of 2001, the Fair and Accurate Credit Transactions Act of 2003, the Bank Secrecy Act, the Office of Foreign Assets Control Sanctions Programs (“economic sanctions”), the USA PATRIOT Act of 2001, and the implementing regulations thereunder (together “AML Rules”)thereunder. Based on this determination, the Trust Company hereby instructs and directs USBGFS to implement the Procedures, as applicable, 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 USBGFS and any such amended Procedures will be as additional regulations are adopted and/or regulatory guidance is provided relating to the Trust. Should the Trust desire that USBGFS perform services not provided for in the Procedures, such additional services Company’s anti-money laundering and the associated cost must be specifically detailed in the attached fee scheduleidentity theft responsibilities. The Trust 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 Trust Company and the Trust 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 AML RulesBank Secrecy Act, the USA PATRIOT Act of 2001, the Fair and Accurate Credit Transactions Act of 2003, or otherwise, such asincluding, 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, as applicable. The Trust 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 TrustCompany. The Trust Company has had the opportunity to discuss the Procedures with USBGFS, and the Trust Company understands and agrees which portions of the Procedures may not be implemented on behalf of the TrustCompany. 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 national Securities Clearing Corporation) and other fund client relationships where there is a sub-transfer agency or similar arrangement between the Trust Company and the intermediary. The Trust hereby directs, and USBGFS acknowledges, that USBGFS shall (i) permit federal regulators access agrees to such information and records maintained by USBGFS and relating provide to USBGFS’ implementation of the Procedures, on behalf of the Trust, as they may request, and (ii) permit such federal regulators to inspect USBGFS’ implementation of the Procedures on behalf of the Trust.Company:

Appears in 1 contract

Samples: Transfer Agent Servicing Agreement (Jensen Quality Growth Fund Inc)

Anti-Money Laundering and Red Flag Identity Theft Prevention Programs. The Trust acknowledges that it has had an opportunity to review review, consider and consider comment upon the written procedures provided by USBGFS USBFS describing various processes tools used by USBGFS which USBFS 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 has and USBFS have each determined that the Procedures, as part of the Trust’s overall anti-money laundering program and identity theft prevention program responsibilitiesRed Flag Identity Theft Prevention program, are reasonably designed to helpto: (i) prevent the Trust 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 USA Patriot Act Office of 2001Foreign Assets Control Sanctions Programs (“economic sanctions”), the Fair and Accurate Credit Transactions Act of 2003, 2003 and the USA Patriot Act of 2001 and the implementing regulations thereunder (together “AML Rules”). Based on this determination, the Trust hereby instructs and directs USBGFS to implement the Procedures, as applicable, on the Trust’s behalf, as such may be amended from time to time. It is contemplated that these Procedures will be amended from time to time by USBGFS and any such amended Procedures will be provided to the Trust. 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 schedulethereunder. The Trust acknowledges and agrees that although it is directing USBGFS USBFS to implement the Procedures on its behalf, USBGFS 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 RulesBank Secrecy Act, the USA PATRIOT Act of 2001, the Fair and Accurate Credit Transactions Act of 2003, or otherwise, such asincluding, 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, 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 TrustFund. The Trust Fund has had the opportunity to discuss the Procedures with USBGFSUSBFS, and the Trust Fund understands and agrees which portions of the Procedures may not be implemented on behalf of the TrustFund. Without limitation of the foregoing, USBGFS 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 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 Based on this determination, the Trust hereby directs, instructs and USBGFS acknowledges, that USBGFS shall (i) permit federal regulators access directs USBFS to such information and records maintained by USBGFS and relating to USBGFS’ implementation of the Procedures, on behalf of the Trust, as they may request, and (ii) permit such federal regulators to inspect USBGFS’ implementation of implement the Procedures on behalf of 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. XXXXX agrees to provide to the Trust:

Appears in 1 contract

Samples: Transfer Agent Servicing Agreement (LifeX Inflation-Protected Income Trust 1948F)

Anti-Money Laundering and Red Flag Identity Theft Prevention Programs. The Trust acknowledges that it has had an opportunity to review and consider the written procedures provided by USBGFS describing various processes tools used by 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 has determined that the Procedures, as part of the Trust’s overall anti-money laundering program and identity theft prevention program responsibilitiesthe Red Flag Identity Theft Prevention program, are reasonably designed to help: (i) prevent 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 USA Patriot Act of 2001, the Fair and Accurate Credit Transactions Act of 2003, the Bank Secrecy Act, the Office of Foreign Assets Control Sanctions Programs (“economic sanctions”), the USA PATRIOT Act of 2001, and the implementing regulations thereunder (together “AML Rules”)thereunder. Based on this determination, the Trust hereby instructs and directs USBGFS to implement the Procedures, as applicable, 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 USBGFS and any such amended Procedures will be as additional regulations are adopted and/or regulatory guidance is provided relating to the Trust. Should the Trust desire that USBGFS perform services not provided for in the Procedures, such additional services ’s anti-money laundering and the associated cost must be specifically detailed in the attached fee scheduleidentity theft responsibilities. 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 RulesBank Secrecy Act, the USA PATRIOT Act of 2001, the Fair and Accurate Credit Transactions Act of 2003, or otherwise, such asincluding, 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, 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 USBGFS, 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, 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-sub- accounts through the Fund/SERV system operated by the National 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. USBGFS agrees to provide to the Trust: (a) Prompt written notification of any transaction or combination of transactions that USBGFS believes, based on the Procedures, evidence money laundering or identity theft activities in connection with the Trust or any shareholder of the Trust; (b) Prompt written notification of any shareholder(s) that USBGFS 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 shareholder; (c) Any reports received by USBGFS from any government agency or applicable industry self-regulatory organization pertaining to the Procedures; (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); and (e) Certified annual and quarterly reports of its monitoring and customer identification activities on behalf of the Trust. The Trust hereby directs, and USBGFS acknowledges, that USBGFS shall (i) permit federal regulators access to such information and records maintained by USBGFS and relating to USBGFS’ implementation of the Procedures, on behalf of the Trust, as they may request, and (ii) permit such federal regulators to inspect USBGFS’ implementation of the Procedures on behalf of the Trust.

Appears in 1 contract

Samples: Transfer Agent Servicing Agreement (Global Beta ETF Trust)

Anti-Money Laundering and Red Flag Identity Theft Prevention Programs. The Trust acknowledges that it has had an opportunity to review review, consider and consider comment upon the written procedures provided by USBGFS Fund Services describing various processes tools used by USBGFS 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 has determined that the Procedures, as part of the Trust’s overall anti-money laundering program and identity theft prevention program responsibilitiesthe Red Flag Identity Theft Prevention program, are reasonably designed to help: (i) prevent 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 USA Patriot Act of 2001, the Fair and Accurate Credit Transactions Act of 2003, 2003 and the USA Patriot Act of 2001 and the implementing regulations thereunder (together “AML Rules”). Based on this determination, the Trust hereby instructs and directs USBGFS Fund Services to implement the 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 USBGFS t Fund Services and any such amended Procedures will be provided to the Trust. Should the Trust desire that USBGFS 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 USBGFS Fund Services to implement the Procedures on its behalf, USBGFS 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 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 USBGFSFund 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, USBGFS 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. The Trust hereby directs, and USBGFS Fund Services acknowledges, that USBGFS Fund Services shall (i) permit federal regulators access to such information and records maintained by USBGFS Fund Services and relating to USBGFSFund Services’ implementation of the Procedures, on behalf of the Trust, as they may request, and (ii) permit such federal regulators to inspect USBGFSFund Services’ implementation of the Procedures on behalf of the Trust.. Schedule II

Appears in 1 contract

Samples: Form of Fund Servicing Agreement (ETF Managers Trust)

Anti-Money Laundering and Red Flag Identity Theft Prevention Programs. The Trust Corporation acknowledges that it had an opportunity to review and consider the written procedures provided by USBGFS describing various processes used by 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 Corporation has determined that the Procedures, as part of the TrustCorporation’s overall anti-money laundering program and identity theft prevention program responsibilities, are reasonably designed to help: (i) prevent the Trust Corporation 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 implementing regulations thereunder (together “AML Rules”). Based on this determination, the Trust Corporation hereby instructs and directs USBGFS to implement the Procedures, as applicable, on the TrustCorporation’s behalf, as such may be amended from time to time. It is contemplated that these Procedures will be amended from time to time by USBGFS and any such amended Procedures will be provided to the TrustCorporation prior to their implementation. Should the Trust Corporation 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 Corporation 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 Corporation and the Trust Corporation 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 Corporation 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 TrustCorporation. The Trust Corporation has had the opportunity to discuss the Procedures with USBGFS, and the Trust Corporation understands and agrees which portions of the Procedures may not be implemented on behalf of the TrustCorporation. 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 Corporation and the intermediary. The Trust Corporation hereby directs, and USBGFS acknowledges, that USBGFS shall (i) permit federal regulators access to such information and records maintained by USBGFS and relating to USBGFS’ implementation of the Procedures, on behalf of the TrustCorporation, as they may request, and (ii) permit such federal regulators to inspect USBGFS’ implementation of the Procedures on behalf of the TrustCorporation.

Appears in 1 contract

Samples: Transfer Agent Servicing Agreement (TCW Funds Inc)

Anti-Money Laundering and Red Flag Identity Theft Prevention Programs. The Trust acknowledges that it had an opportunity to review and consider the written procedures provided by USBGFS describing various processes used by 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”). Procedures”).2 Further, the Trust has determined that the Procedures, as part of the Trust’s overall anti-money laundering program and identity theft prevention program responsibilities, are reasonably designed to help: (i) prevent 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 PATRIOT Act of 2001, the Fair and Accurate Credit Transactions Act of 2003, and the implementing regulations thereunder (together “AML Rules”). Based on this determination, the Trust hereby instructs and directs USBGFS to implement the Procedures, as applicable, on the Trust’s behalf, as such may be amended from time to time. It is contemplated that these Procedures will be amended from time to time by USBGFS and any such amended Procedures will be provided to the Trust. 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 the designation of its own anti-money laundering officer, as applicable. 2 NTD: Please provide. 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 USBGFS, 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, 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 CorporationNSCC) 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 USBGFS acknowledges, that USBGFS shall (i) permit federal regulators access to such information and records maintained by USBGFS and relating to USBGFS’ implementation of the Procedures, on behalf of the Trust, as they may request, and (ii) permit such federal regulators to inspect USBGFS’ implementation of the Procedures on behalf of the Trust.

Appears in 1 contract

Samples: Transfer Agent Servicing Agreement (SP Funds Trust)

Anti-Money Laundering and Red Flag Identity Theft Prevention Programs. The Trust acknowledges that it had an opportunity to review and consider the written procedures provided by USBGFS describing various processes used by 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 has determined that the Procedures, as part of the Trust’s overall anti-money laundering program and identity theft prevention program responsibilities, are reasonably designed to help: (i) prevent 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 implementing regulations thereunder (together “AML Rules”). Based on this determination, the Trust hereby instructs and directs USBGFS to implement the Procedures, as applicable, on the Trust’s behalf, as such may be amended from time to time. It is contemplated that these Procedures will be amended from time to time by USBGFS and any such amended Procedures will be provided to the Trust. 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 solely as a service provider to the Trust and Trust. Notwithstanding the foregoing, USBGFS represents to the Trust is and remains ultimately responsible for complying that the Procedures will at all times throughout the term of this Agreement comply with all applicable lawslaw and regulation, rules, and regulations with respect to anti-money laundering, customer identification, identity theft prevention, economic sanctions, and terrorist financing, whether under including 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. The Trust has had the opportunity to discuss the Procedures with USBGFS, 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, 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 USBGFS acknowledges, that USBGFS shall (i) permit federal regulators access to such information and records maintained by USBGFS and relating to USBGFS’ implementation of the Procedures, on behalf of the Trust, as they may request, and (ii) permit such federal regulators to inspect USBGFS’ implementation of the Procedures on behalf of the Trust. USBGFS agrees to certify to the Trust, on a quarterly basis, that it has implemented its anti-money laundering program, including the Procedures, in accordance with Section 4 of this Agreement, and to provide related reports and permit inspection of its Procedures (and its compliance therewith) by the Trust, including its AML Chief Compliance Officer, as may be requested by the Trust. Furthermore, USBGFS agrees to promptly notify the Trust’s designated anti-money laundering officer of any Fund account, shareholder or beneficial owner that is a subject of a suspicious activity report filing or an OFAC, United Nations, or other applicable sanction.

Appears in 1 contract

Samples: 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 review, consider and consider comment upon the written procedures provided by USBGFS USBFS describing various processes tools used by USBGFS which USBFS 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 has and USBFS have each determined that the Procedures, as part of the Trust’s overall anti-money laundering program and identity theft prevention program responsibilitiesRed Flag Identity Theft Prevention program, are reasonably designed to helpto: (i) prevent the Trust 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 USA Patriot Act Office of 2001Foreign Assets Control Sanctions Programs (“economic sanctions”), the Fair and Accurate Credit Transactions Act of 2003, 2003 and the USA Patriot Act of 2001 and the implementing regulations thereunder (together “AML Rules”). Based on this determination, the Trust hereby instructs and directs USBGFS to implement the Procedures, as applicable, on the Trust’s behalf, as such may be amended from time to time. It is contemplated that these Procedures will be amended from time to time by USBGFS and any such amended Procedures will be provided to the Trust. 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 schedulethereunder. The Trust acknowledges and agrees that although it is directing USBGFS USBFS to implement the Procedures on its behalf, USBGFS 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 RulesBank Secrecy Act, the USA PATRIOT Act of 2001, the Fair and Accurate Credit Transactions Act of 2003, or otherwise, such asincluding, 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, 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 USBGFSUSBFS, 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, USBGFS 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 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 Based on this determination, the Trust hereby directs, instructs and USBGFS acknowledges, that USBGFS shall (i) permit federal regulators access directs USBFS to such information and records maintained by USBGFS and relating to USBGFS’ implementation of the Procedures, on behalf of the Trust, as they may request, and (ii) permit such federal regulators to inspect USBGFS’ implementation of implement the Procedures on behalf of 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. XXXXX agrees to provide to the Trust:

Appears in 1 contract

Samples: Transfer Agent Servicing Agreement (Stone Ridge Trust VIII)

Anti-Money Laundering and Red Flag Identity Theft Prevention Programs. The Trust Company acknowledges that it has had an opportunity to review review, consider and consider comment upon the written procedures provided by USBGFS USBFS describing various processes tools used by USBGFS 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 has determined that the Procedures, as part of the TrustCompany’s overall anti-money laundering program and identity theft prevention program responsibilitiesthe Red Flag Identity Theft Prevention program, are reasonably designed to help: (i) prevent the Trust 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, the USA Patriot Act of 2001, the Fair and Accurate Credit Transactions Act of 2003, 2003 and the USA Patriot Act of 2001 and the implementing regulations thereunder (together “AML Rules”)thereunder. Based on this determination, the Trust Company hereby instructs and directs USBGFS USBFS to implement the Procedures, as applicable, 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 USBGFS USBFS and any such amended Procedures will be provided to the TrustCompany. Should the Trust Company desire that USBGFS 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 Trust Company acknowledges and agrees that although it is directing USBGFS USBFS to implement the Procedures on its behalf, USBGFS 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 own formal anti-money laundering program and the designation of its own anti-money laundering officer, as applicable. The Trust 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 TrustCompany. The Trust Company has had the opportunity to discuss the Procedures with USBGFSUSBFS, and the Trust Company understands and agrees which portions of the Procedures may not be implemented on behalf of the TrustCompany. Without limitation of the foregoing, USBGFS 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 Company and the intermediary. The Trust Company hereby directs, and USBGFS USBFS acknowledges, that USBGFS USBFS shall (i) permit federal regulators access to such information and records maintained by USBGFS USBFS and relating to USBGFSUSBFS’ implementation of the Procedures, on behalf of the TrustCompany, as they may request, and (ii) permit such federal regulators to inspect USBGFSUSBFS’ implementation of the Procedures on behalf of the Trust.Company. Appendix A to Schedule III - Transfer Agent Services “As of” Processing Policy

Appears in 1 contract

Samples: Master Servicing Agreement (Angel Oak Funds Trust)

Anti-Money Laundering and Red Flag Identity Theft Prevention Programs. The Trust Company acknowledges that it had an opportunity to review and consider the written procedures provided by USBGFS describing various processes used by 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 Company has determined that the Procedures, as part of the TrustCompany’s overall anti-money laundering program and identity theft prevention program responsibilities, are reasonably designed to help: (i) prevent the Trust Company 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 implementing regulations thereunder (together “AML Rules”). Based on this determination, the Trust Company hereby instructs and directs USBGFS to implement the Procedures, as applicable, on the TrustCompany’s behalf, as such may be amended from time to time. It is contemplated that these Procedures will be amended from time to time by USBGFS and any such amended Procedures will be provided to the TrustCompany. Should the Trust Company 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 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 Trust Company and the Trust 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 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 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 TrustCompany. The Trust Company has had the opportunity to discuss the Procedures with USBGFS, and the Trust Company understands and agrees which portions of the Procedures may not be implemented on behalf of the TrustCompany. 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 Company and the intermediary. The Trust Company hereby directs, and USBGFS acknowledges, that USBGFS shall (i) permit federal regulators access to such information and records maintained by USBGFS and relating to USBGFS’ implementation of the Procedures, on behalf of the TrustCompany, as they may request, and (ii) permit such federal regulators to inspect USBGFS’ implementation of the Procedures on behalf of the TrustCompany.

Appears in 1 contract

Samples: Transfer Agent Servicing Agreement (Jacob Funds Inc.)

Anti-Money Laundering and Red Flag Identity Theft Prevention Programs. The Trust Fund acknowledges that it had an opportunity to review and consider the written procedures provided by USBGFS describing various processes used by 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”). FurtherUBGFS shall, the Trust has determined that the Procedures, as part of the Trust’s overall anti-money laundering program and identity theft prevention program responsibilities, are reasonably designed to help: (i) prevent 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 implementing regulations thereunder (together “AML Rules”). Based on this determination, the Trust hereby instructs and directs USBGFS to implement the Procedures, as applicable, on the Trust’s behalf, as such may be amended from time to time. It is contemplated that these Procedures will be amended from time to time by USBGFS and any such amended Procedures will be provided to the Trust. 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 Fund, perform checks of the Fund’s shareholders against Office of Foreign Assets Control lists to the extent legally required. The Fund acknowledges and agrees that USBGFS is a service provider to the Fund and the Trust 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 Rulesapplicable provisions of the Bank Secrecy Act, the USA Patriot Act of 2001, the Fair and Accurate Credit Transactions Act of 2003, and the implementing regulations thereunder, 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 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 TrustFund. The Trust Fund has had the opportunity to discuss the Procedures with USBGFS, and the Trust Fund understands and agrees which portions of the Procedures may not be implemented on behalf of the TrustFund. 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 Fund and the intermediary. The Trust Fund hereby directs, and USBGFS acknowledges, that USBGFS shall (i) permit federal regulators access to such information and records maintained by USBGFS and relating to USBGFS’ implementation of the Procedures, in connection with such services on behalf of the TrustFund, as they may request, and (ii) permit such federal regulators to inspect USBGFS’ implementation of the Procedures on behalf of the Trust.

Appears in 1 contract

Samples: Transfer Agent Servicing Agreement (Oxford Park Income Fund, Inc.)

Anti-Money Laundering and Red Flag Identity Theft Prevention Programs. Fund Services acknowledges and represents that (1) it is a financial institution subject to the law entitled Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (“USA Patriot”) Act of 2001 and the Bank Secrecy Act (collectively the “AML Acts”) and shall comply with the AML Acts and applicable regulations adopted thereunder (collectively, the “Applicable AML Laws”) in all relevant respects; and (2) it is subject to a rule implementing 31 U.S.C. 5318(h) (the anti-money laundering program provision of the USA Patriot Act) and is regulated by a federal functional regulator such as a federal banking regulator or the SEC. The Trust acknowledges that it has had an opportunity to review review, consider and consider comment upon the written procedures provided by USBGFS Fund Services describing various processes tools used by USBGFS 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 has and Fund Services have each determined that the Procedures, as part of the Trust’s overall antiAnti-money laundering program Money Laundering Program and identity theft prevention program responsibilitiesRed Flag Identity Theft Prevention Program, are reasonably designed to helpto: (i) prevent the Trust 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, the USA Patriot Act of 2001, the Fair and Accurate Credit Transactions Act of 2003, 2003 and the USA Patriot Act of 2001 and the implementing regulations thereunder (together “AML Rules”)thereunder. Based on this determination, the Trust hereby instructs and directs USBGFS Fund Services to implement the Procedures, as applicable, 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 USBGFS and any such amended Procedures will be the parties as additional regulations are adopted and/or regulatory guidance is provided relating to the Trust. Should the Trust desire that USBGFS perform services not provided for in the Procedures, such additional services ’s anti-money laundering and the associated cost must be specifically detailed in the attached fee scheduleidentity theft responsibilities. The Trust acknowledges and agrees that although it is directing USBGFS Fund Services to implement the Procedures on its behalf, USBGFS 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 RulesBank Secrecy Act, the USA PATRIOT Act of 2001, the Fair and Accurate Credit Transactions Act of 2003, or otherwise, such asincluding, 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, as applicable. The Trust further acknowledges and Fund Services 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 provide to the Trust. The Trust has had the opportunity to discuss the Procedures with USBGFS, 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, 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 USBGFS acknowledges, that USBGFS shall (i) permit federal regulators access to such information and records maintained by USBGFS and relating to USBGFS’ implementation of the Procedures, on behalf of the Trust, as they may request, and (ii) permit such federal regulators to inspect USBGFS’ implementation of the Procedures on behalf of the Trust.:

Appears in 1 contract

Samples: Transfer Agent Servicing Agreement (Vs Trust)

Anti-Money Laundering and Red Flag Identity Theft Prevention Programs. The Trust Fund acknowledges that it had an opportunity to review and consider the written procedures provided by USBGFS describing various processes used by 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 Fund has determined that the Procedures, as part of the TrustFund’s overall anti-anti- money laundering program and identity theft prevention program responsibilities, are reasonably designed to help: (i) prevent the Trust 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 USA Patriot Act of 2001, the Fair and Accurate Credit Transactions Act of 2003, and the implementing regulations thereunder (together “AML Rules”). Based on this determination, the Trust Fund hereby instructs and directs USBGFS to implement the Procedures, as applicable, on the TrustFund’s behalf, as such may be amended from time to time. It is contemplated that these Procedures will be amended from time to time by USBGFS and any such amended Procedures will be provided to the TrustFund. Should the Trust Fund 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 Fund 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 Fund and the Trust 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 Trust 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 TrustFund. The Trust Fund has had the opportunity to discuss the Procedures with USBGFS, and the Trust Fund understands and agrees which portions of the Procedures may not be implemented on behalf of the TrustFund. 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-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 Fund and the intermediary. The Trust Fund hereby directs, and USBGFS acknowledges, that USBGFS shall (i) permit federal regulators access to such information and records maintained by USBGFS and relating to USBGFS’ implementation of the Procedures, on behalf of the TrustFund, as they may request, and (ii) permit such federal regulators to inspect USBGFS’ implementation of the Procedures on behalf of the Trust.Fund. USBFS agrees to provide to the Fund:

Appears in 1 contract

Samples: Transfer Agent Servicing Agreement (Finite Solar Finance Fund)

Anti-Money Laundering and Red Flag Identity Theft Prevention Programs. USBFS acknowledges and represents that (1) it is a financial institution subject to the law entitled Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (“USA Patriot”) Act of 2001 and the Bank Secrecy Act (collectively the “AML Acts”) and shall comply with the AML Acts and applicable regulations adopted thereunder (collectively, the “Applicable AML Laws”) in all relevant respects; and (2) it is subject to a rule implementing 31 U.S.C. 5318(h) (the anti-money laundering program provision of the USA Patriot Act) and is regulated by a federal functional regulator such as a federal banking regulator or the SEC. The Trust acknowledges that it has had an opportunity to review review, consider and consider comment upon the written procedures provided by USBGFS USBFS describing various processes tools used by USBGFS USBFS which are designed to promote the detection and reporting of identity theft and 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 has determined that the Procedures, as part of the Trust’s overall anti-money laundering program and identity theft prevention program responsibilitiesRed Flag Identity Theft Prevention program, are reasonably designed to help: (i) prevent identity theft and to prevent the Trust 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, the USA Patriot Act of 2001, the Fair and Accurate Credit Transactions Act of 2003, 2003 and the USA Patriot Act of 2001 and the implementing regulations thereunder (together “AML Rules”)thereunder. Based on this determination, the Trust hereby instructs and directs USBGFS USBFS to implement the Procedures, as applicable, 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 USBGFS and any such amended Procedures will be the parties as additional regulations are adopted and/or regulatory guidance is provided relating to the Trust. 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 ’s anti-money laundering program and the designation of its own anti-money laundering officer, as applicableidentity theft responsibilities. The Trust further acknowledges and USBFS 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 provide to the Trust. The Trust has had the opportunity to discuss the Procedures with USBGFS, 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, 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 USBGFS acknowledges, that USBGFS shall (i) permit federal regulators access to such information and records maintained by USBGFS and relating to USBGFS’ implementation of the Procedures, on behalf of the Trust, as they may request, and (ii) permit such federal regulators to inspect USBGFS’ implementation of the Procedures on behalf of the Trust.:

Appears in 1 contract

Samples: Transfer Agent Servicing Agreement (PENN Capital Funds Trust)

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