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Common use of Anti-Money Laundering Program Clause in Contracts

Anti-Money Laundering Program. Broker/Dealer hereby certifies that: (i) it understands that pursuant to various U.S. regulations, it is required to establish an anti-money laundering program, which satisfies the requirements of Title III of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (the “USA Patriot Act”); (ii) Broker/Dealer has developed, implemented, and will maintain such an anti-money laundering program, including a customer identification program consistent with the rules under sec. 326 of the USA Patriot Act, and will comply with all applicable laws and regulations designed to guard against money laundering activities set out in such program; (iii) Broker/Dealer will cooperate with ADI and deliver information reasonably requested by ADI concerning shareholders that purchased a Fund’s shares sold by Broker/Dealer necessary for ADI or the Company to comply with the USA Patriot Act; and (iv) Broker/Dealer will notify ADI, in writing, if it is found, by its Compliance Officer, independent anti-money laundering auditor, or any Federal, state, or self-regulatory agencies, to be in violation of the USA Patriot Act, any regulation implementing the USA Patriot Act, or its anti-money laundering program. Notwithstanding anything to the contrary, if Broker/Dealer is exempt from the requirement to develop, implement, and maintain anti-money laundering policies that comply with USA Patriot Act in which case Broker/Dealer agrees to cooperate with ADI or the Company and deliver information reasonably requested by ADI or the Company concerning shareholders that purchased shares sold by Broker/Dealer necessary for ADI and the Company to comply with either’s internal policies, the USA Patriot Act and relevant rules and regulations. Broker/Dealer acknowledges that ADI or the Company may reject or refuse orders for the sale of shares with respect to customers for which Broker/Dealer serves as nominee if Broker/Dealer has not adopted and does not implement anti-money laundering policies and procedures as required by the USA Patriot Act.

Appears in 16 contracts

Samples: Broker Dealer Selling Agreement, Broker Dealer Selling Agreement (ALPS Series Trust), Broker Dealer Selling Agreement (ALPS Series Trust)

Anti-Money Laundering Program. Broker/Dealer Servicer hereby certifies that: (i) it understands that pursuant to various U.S. regulations, it is required to establish an anti-money laundering program, which satisfies the requirements of Title III of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (the “USA Patriot Act”); (ii) Broker/Dealer Servicer has developed, implemented, and will maintain such an anti-money laundering program, including a customer identification program consistent with the rules under sec. 326 of the USA Patriot Act, and will comply with all applicable laws and regulations designed to guard against money laundering activities set out in such program; (iii) Broker/Dealer Servicer will cooperate with ADI and deliver information reasonably requested by ADI concerning shareholders that purchased a Fund’s shares sold by Broker/Dealer Servicer necessary for ADI or the Company to comply with the USA Patriot Act; and (iv) Broker/Dealer Servicer will notify ADI, in writing, if it is found, by its Compliance Officer, independent anti-money laundering auditor, or any Federal, state, or self-regulatory agencies, to be in violation of the USA Patriot Act, any regulation implementing the USA Patriot Act, or its anti-money laundering program. Notwithstanding anything to the contrary, if Broker/Dealer Servicer is exempt from the requirement to develop, implement, and maintain anti-money laundering policies that comply with the USA Patriot Act in which case Broker/Dealer Servicer agrees to cooperate with ADI or the Company and deliver information reasonably requested by ADI or the Company concerning shareholders that purchased shares sold by Broker/Dealer Servicer necessary for ADI and the Company to comply with either’s internal policies, the USA Patriot Act and relevant rules and regulations. Broker/Dealer Servicer acknowledges that ADI or the Company may reject or refuse orders for the sale of shares with respect to customers for which Broker/Dealer Servicer serves as nominee if Broker/Dealer Servicer has not adopted and does not implement anti-money laundering policies and procedures as required by the USA Patriot Act.

Appears in 13 contracts

Samples: Shareholder Servicing Agreement (ALPS Series Trust), Shareholder Servicing Agreement (ALPS Series Trust), Shareholder Servicing Agreement (Financial Investors Trust)

Anti-Money Laundering Program. Broker/Dealer hereby certifies that: (i) it understands that pursuant to various U.S. regulations, it is required to establish an anti-money laundering program, which satisfies the requirements of Title III of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (the “USA Patriot Act”); (ii) Broker/Dealer has developed, implemented, and will maintain such an anti-money laundering program, including a customer identification program consistent with the rules under sec. Section 326 of the USA Patriot Act, and will comply with all applicable laws and regulations designed to guard against money laundering activities set out in such program; (iii) Broker/Dealer will cooperate with ADI the Distributor and deliver information reasonably requested by ADI the Distributor concerning shareholders that purchased a Fund’s shares sold by Broker/Dealer necessary for ADI the Distributor or the Company to comply with the USA Patriot Act; and (iv) Broker/Dealer will notify ADIthe Distributor, in writing, if it is found, by its Compliance Officer, independent anti-money laundering auditor, or any Federal, state, or self-regulatory agencies, to be in violation of the USA Patriot Act, any regulation implementing the USA Patriot Act, or its anti-money laundering program; and (v) Broker/Dealer is not, as of the date of this Agreement, aware of any material violations of the USA Patriot Act at Broker/Dealer. Notwithstanding anything to the contrary, if Broker/Dealer is exempt from the requirement to develop, implement, and maintain anti-money laundering policies that comply with the USA Patriot Act in which case Broker/Dealer agrees to cooperate with ADI the Distributor or the Company and deliver information reasonably requested by ADI the Distributor or the Company concerning shareholders that purchased shares sold by Broker/Dealer necessary for ADI the Distributor and the Company to comply with either’s internal policies, the USA Patriot Act and relevant rules and regulations. Broker/Dealer acknowledges that ADI the Distributor or the Company may reject or refuse orders for the sale of shares with respect to customers for which Broker/Dealer serves as nominee if Broker/Dealer has not adopted and does not implement anti-money laundering policies and procedures as required by the USA Patriot Act.

Appears in 7 contracts

Samples: Broker Dealer Selling Agreement (FS Series Trust), Broker Dealer Selling Agreement (FS Multi-Alternative Income Fund), Broker Dealer Selling Agreement (FS Energy Total Return Fund)

Anti-Money Laundering Program. Broker/Dealer hereby certifies that: (i) it understands that pursuant to various U.S. regulations, it is required to establish an anti-money laundering program, which satisfies the requirements of Title III of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (the “USA Patriot Act”); (ii) Broker/Dealer The Distributor has developed, implemented, and will maintain such an anti-money laundering program, including a customer identification program consistent with the rules under sec. 326 of the USA Patriot Act, and will comply with all applicable laws and regulations designed to guard against money laundering activities set out in such program; (iii) Broker/Dealer will cooperate with ADI and deliver information reasonably requested by ADI concerning shareholders that purchased a Fund’s shares sold by Broker/Dealer necessary for ADI or the Company to comply with the USA Patriot Act; and (iv) Broker/Dealer will notify ADI, in writing, if it is found, by its Compliance Officer, independent anti-money laundering auditor, or any Federal, state, or self-regulatory agencies, to be in violation of the USA Patriot Act, any regulation implementing the USA Patriot Act, or implemented its anti-money laundering program. Notwithstanding anything program pursuant to the contrarySection 352 of the USA PATRIOT Act and all applicable implementing regulations; as well as the implementing regulations of the U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”). The Distributor is dependent upon your cooperation for your customers’ identification and behavior evaluation. Upon request, if Broker/Dealer is exempt from the requirement to develop, implement, you will promptly provide us such documentation regarding your know your customer and maintain anti-money laundering policies that comply with USA Patriot Act in which case Broker/Dealer agrees policies, and /or evidencing the identity of the beneficial owners of Funds shares as is necessary to cooperate with ADI or permit the Company and deliver information reasonably requested by ADI or Distributor, the Company concerning shareholders that purchased shares sold by Broker/Dealer necessary for ADI Funds, and the Company Transfer Agent to comply with either’s internal policies, the USA Patriot Act applicable “know your customer” and relevant rules and regulations. Broker/Dealer acknowledges that ADI or the Company may reject or refuse orders for the sale of shares with respect to customers for which Broker/Dealer serves as nominee if Broker/Dealer has not adopted and does not implement anti-money laundering laws and regulations. You agree to monitor for suspicious transactions and to assist the Transfer Agent in monitoring for such transactions upon the Transfer Agent’s request, to include sharing relevant information as may be permissible by applicable law. You further represent and warrant that you: (i) have established policies and procedures as required designed to prevent and detect money laundering and to meet the applicable anti-money laundering legal and regulatory requirements; (ii) have identified, will continue to identify and will retain all documentation necessary to identify your customers, including the beneficial owners and control persons of legal entity accounts; (iii) do not believe, have no current reason to believe and will notify us immediately if you come to have reason to believe that any of your customers holding Fund shares through you are engaged in money laundering activities or are associated with any terrorist or terrorist organization; (iv) have financial transaction surveillance procedures for FinCEN reporting purposes; (v) have a protocol to facilitate appropriate federal regulatory examiners’ inspections; and (vi) have established policies and controls that prohibit the sale of Fund shares to: (a) any investor listed on the various OFAC lists of prohibited persons, entities, and countries, and for which any Fund shares transaction is prohibited under the various economic sanctions laws and regulations administered by the USA Patriot ActOFAC, or (b) a foreign “shell bank” (i.e., a bank that does not maintain a physical presence in any jurisdiction; and is not an affiliate of a bank that maintains a physical presence; or is not subject to regulation by relevant local governmental authority).

Appears in 6 contracts

Samples: Selling Agreement (Hartford Mutual Funds Inc/Ct), Selling Agreement (Hartford Mutual Funds Ii Inc), Selling Agreement (Hartford Mutual Funds Ii Inc)

Anti-Money Laundering Program. Broker/Dealer hereby certifies that: (i) it understands that pursuant to various U.S. regulations, it is required to establish an anti-money laundering program, which satisfies the requirements of Title III of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (the “USA Patriot Act”); (ii) Broker/Dealer has developed, implemented, and will maintain such an anti-money laundering program, including a customer identification program consistent with the rules under sec. Section 326 of the USA Patriot Act, and will comply with all applicable laws and regulations designed to guard against money laundering activities set out in such programactivities; (iii) Broker/Dealer will cooperate with ADI the Distributor and deliver information reasonably requested by ADI the Distributor concerning shareholders that purchased a the Fund’s shares sold by Broker/Dealer necessary for ADI the Distributor or the Company Fund to comply with the USA Patriot Act; and (iv) Broker/Dealer will notify ADIthe Distributor, in writing, if it is found, by its Compliance Officer, independent anti-money laundering auditor, or any Federal, state, or self-regulatory agencies, to be in violation of the USA Patriot Act, any regulation implementing the USA Patriot Act, or its anti-money laundering program. Notwithstanding anything to the contrary, if Broker/Dealer is exempt from the requirement to develop, implement, and maintain anti-money laundering policies that comply with USA Patriot Act in which case Act, Broker/Dealer agrees to cooperate with ADI the Distributor or the Company Fund and deliver information reasonably requested by ADI the Distributor or the Company Fund concerning shareholders that purchased shares sold by Broker/Dealer necessary for ADI the Distributor and the Company Fund to comply with either’s internal policies, the USA Patriot Act and relevant any other applicable anti-money laundering rules and regulations. Broker/Dealer acknowledges that ADI the Distributor or the Company Fund may reject or refuse orders for the sale of shares with respect to customers for which Broker/Dealer serves as nominee if Broker/Dealer has not adopted and does not implement anti-money laundering policies and procedures as required by the USA Patriot ActAct or other applicable anti-money laundering rules and regulations.

Appears in 5 contracts

Samples: Broker Dealer Selling Agreement (CC Real Estate Income Fund-T2), Broker Dealer Selling Agreement (NorthStar Real Estate Capital Income Fund-C), Broker Dealer Selling Agreement (NorthStar Real Estate Capital Income Fund-Adv)

Anti-Money Laundering Program. Broker/Dealer hereby certifies thatNotwithstanding any thing to the contrary in this Selling Agreement, you represent that you: (i) it understands that pursuant to various U.S. regulations, it is required to establish an anti-money laundering program, which satisfies the requirements of Title III of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (the “USA Patriot Act”); (ii) Broker/Dealer has have developed, implemented, and will maintain such an anti-money laundering program, including a customer identification program consistent with the rules under sec. 326 of the USA Patriot Act, and will comply with all applicable laws and regulations designed to guard against money laundering activities set out in such program; (iii) Broker/Dealer will cooperate with ADI and deliver information reasonably requested by ADI concerning shareholders that purchased a Fund’s shares sold by Broker/Dealer necessary for ADI or the Company to comply with the USA Patriot Act; and (iv) Broker/Dealer will notify ADI, in writing, if it is found, by its Compliance Officer, independent anti-money laundering auditor, or any Federal, state, or self-regulatory agencies, to be in violation of the USA Patriot Act, any regulation implementing the USA Patriot Act, or its anti-money laundering program. Notwithstanding anything to the contrary, if Broker/Dealer is exempt from the requirement to develop, implement, implemented and maintain anti-money laundering policies that comply with the USA Patriot PATRIOT Act in which case Broker/Dealer agrees of 2001, as amended and applicable Federal anti-money laundering regulations, including steps to verify prospective shareholder identity ("AML Laws, Regulations and Policies"); (ii) comply with AML Laws, Regulations and Policies; (iii) will promptly deliver to the Distributor or Accessor Funds' designated Money Laundering Reporting Officer any AML Laws, Regulations and Policy violation, suspicious activity, suspicious activity investigation or filed Suspicious Activity Report that relates to any prospective shareholder of the Accessor Funds, and (iii) will cooperate with ADI or the Company Distributor and Accessor Funds and deliver information reasonably requested by ADI the Distributor or the Company Accessor Funds concerning shareholders that purchased Accessor Funds shares sold by Broker/Dealer you necessary for ADI the Distributor and the Company Accessor Funds to comply with either’s internal policiesAML Laws, Regulations and Policies. You agree to furnish the USA Patriot Act Distributor or Accessor Funds with the following information, as applicable: (1) a copy of the policies and relevant rules procedures governing your AML Program as in effect on the date hereof, and regulationsany material amendment thereto promptly after the adoption of any such amendment; (2) a copy of any deficiency letter sent by any federal examination authorities concerning your AML Program; (3) a copy of the certifications necessary for you to share suspicious activity or transaction information with us; (4) no less frequently than annually, a copy of any audit prepared with respect to your AML Program; and (5) any information reasonably requested by the Distributor or Accessor Funds to assist with compliance with applicable anti-money laundering requirements. Broker/Dealer acknowledges You acknowledge that ADI the Distributor or the Company Accessor Funds may reject or refuse orders for the sale of Accessor Funds shares with respect to customers for which Broker/Dealer serves you serve as nominee if Broker/Dealer has you have not adopted and does do not implement anti-money laundering policies and procedures as required by the USA Patriot ActAML Rules and Regulations.

Appears in 2 contracts

Samples: Selling Agreement (Accessor Funds Inc), Selling Agreement (Accessor Funds Inc)

Anti-Money Laundering Program. Broker/Dealer hereby certifies that: (i) it understands that pursuant to various U.S. regulations, it is required to establish an anti-money laundering program, which satisfies the requirements of Title III of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (the “USA Patriot Act”); (ii) Broker/Dealer has developed, implemented, and will maintain such an anti-money laundering program, including a customer identification program consistent with the rules under sec. 326 of the USA Patriot Act, and will comply with all applicable laws and regulations designed to guard against money laundering activities set out in such program; (iii) Broker/Dealer will cooperate with ADI and deliver information reasonably requested by ADI concerning shareholders that purchased a Fund’s shares sold by Broker/Dealer necessary for ADI or the Company to comply with the USA Patriot Act; and (iv) Broker/Dealer will notify ADI, in writing, if it is found, by its Compliance Officer, independent anti-money laundering auditor, or any Federal, state, or self-regulatory agencies, to be in violation of the USA Patriot Act, any regulation implementing the USA Patriot Act, or its anti-money laundering program. Broker/Dealer agrees that accounts in the Funds held in the name of, or beneficially owned by, Broker/Dealer’s customers shall be accounts of Broker/Dealer, and that Broker/Dealer’s customers will be customers of Broker/Dealer, for all purposes under Broker/Dealer’s anti-money laundering program. Notwithstanding anything to the contrary, if Broker/Dealer is exempt from the requirement to develop, implement, and maintain anti-money laundering policies that comply with the USA Patriot Act in which case Act, Broker/Dealer agrees to cooperate with ADI or and the Company and deliver information reasonably requested by ADI or the Company concerning shareholders that purchased shares sold by Broker/Dealer necessary for ADI and the Company to comply with either’s internal policies, the USA Patriot Act and relevant rules and regulations. Broker/Dealer acknowledges that ADI or the Company may reject or refuse orders for the sale of shares with respect to customers for which Broker/Dealer serves as nominee if Broker/Dealer has not adopted and does not implement anti-money laundering policies and procedures as required by the USA Patriot Act. Upon ADI’s request, Broker/Dealer shall promptly certify to having implemented anti-money laundering policies and procedures and complying with all aspects of the USA Patriot Act and applicable regulations.

Appears in 2 contracts

Samples: Broker Dealer Selling Agreement (Wilmington Funds), Broker Dealer Selling Agreement (Wilmington Funds)

Anti-Money Laundering Program. Broker/Dealer Servicer hereby certifies that: (i) it understands that pursuant to various U.S. regulations, it is required to establish an anti-money laundering program, which satisfies the requirements of Title III of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (the "USA Patriot Act"); (ii) Broker/Dealer Servicer has developed, implemented, and will maintain such an anti-money laundering program, including a customer identification program consistent with the rules under sec. 326 of the USA Patriot Act, and will comply with all applicable laws and regulations designed to guard against money laundering activities set out in such program; (iii) Broker/Dealer Servicer will cooperate with ADI and deliver information reasonably requested by ADI concerning shareholders that purchased a Fund’s 's shares sold by Broker/Dealer Servicer necessary for ADI or the Company to comply with the USA Patriot Act; and (iv) Broker/Dealer Servicer will notify ADI, in writing, if it is found, by its Compliance Officer, independent anti-money laundering auditor, or any Federal, state, or self-regulatory agencies, to be in violation of the USA Patriot Act, any regulation implementing the USA Patriot Act, or its anti-money laundering program. Notwithstanding anything to the contrary, if Broker/Dealer Servicer is exempt from the requirement to develop, implement, and maintain anti-money laundering policies that comply with the USA Patriot Act in which case Broker/Dealer Servicer agrees to cooperate with ADI or the Company and deliver information reasonably requested by ADI or the Company concerning shareholders that purchased shares sold by Broker/Dealer Servicer necessary for ADI and the Company to comply with either’s 's internal policies, the USA Patriot Act and relevant rules and regulations. Broker/Dealer Servicer acknowledges that ADI or the Company may reject or refuse orders for the sale of shares with respect to customers for which Broker/Dealer Servicer serves as nominee if Broker/Dealer Servicer has not adopted and does not implement anti-money laundering policies and procedures as required by the USA Patriot Act.

Appears in 2 contracts

Samples: Shareholder Servicing Agreement (Westcore Trust), Shareholder Servicing Agreement (Westcore Trust)

Anti-Money Laundering Program. Broker/Dealer hereby certifies that: (i) it understands that pursuant to various U.S. regulations, it is required to establish an anti-money laundering program, which satisfies the requirements of Title III of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (the "USA Patriot Act"); (ii) Broker/Dealer has developed, implemented, and will maintain such an anti-money laundering program, including a customer identification program consistent with the rules under sec. 326 of the USA Patriot Act, and will comply with all applicable laws and regulations designed to guard against money laundering activities set out in such program; (iii) Broker/Dealer will cooperate with ADI and deliver information reasonably requested by ADI concerning shareholders that purchased a Fund’s 's shares sold by Broker/Dealer necessary for ADI or the Company to comply with the USA Patriot Act; and (iv) Broker/Dealer will notify ADI, in writing, if it is found, by its Compliance Officer, independent anti-money laundering auditor, or any Federal, state, or self-regulatory agencies, to be in violation of the USA Patriot Act, any regulation implementing the USA Patriot Act, or its anti-money laundering program. Notwithstanding anything to the contrary, if Broker/Dealer is exempt from the requirement to develop, implement, and maintain anti-money laundering policies that comply with USA Patriot Act in which case Broker/Dealer agrees to cooperate with ADI or the Company and deliver information reasonably requested by ADI or the Company concerning shareholders that purchased shares sold by Broker/Dealer necessary for ADI and the Company to comply with either’s 's internal policies, the USA Patriot Act and relevant rules and regulations. Broker/Dealer acknowledges that ADI or the Company may reject or refuse orders for the sale of shares with respect to customers for which Broker/Dealer serves as nominee if Broker/Dealer has not adopted and does not implement anti-money laundering policies and procedures as required by the USA Patriot Act.

Appears in 2 contracts

Samples: Broker Dealer Selling Agreement (Westcore Trust), Broker Dealer Selling Agreement (Westcore Trust)

Anti-Money Laundering Program. Broker/Dealer hereby certifies thatNotwithstanding any thing to the contrary in this Selling Agreement, you represent that you have: (i) it understands that pursuant to various U.S. regulations, it is required to establish an anti-money laundering program, which satisfies the requirements of Title III of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (the “USA Patriot Act”); (ii) Broker/Dealer has developed, implemented, and will maintain such an anti-money laundering program, including a customer identification program consistent with the rules under sec. 326 of the USA Patriot Act, and will comply with all applicable laws and regulations designed to guard against money laundering activities set out in such program; (iii) Broker/Dealer will cooperate with ADI and deliver information reasonably requested by ADI concerning shareholders that purchased a Fund’s shares sold by Broker/Dealer necessary for ADI or the Company to comply with the USA Patriot Act; and (iv) Broker/Dealer will notify ADI, in writing, if it is found, by its Compliance Officer, independent anti-money laundering auditor, or any Federal, state, or self-regulatory agencies, to be in violation of the USA Patriot Act, any regulation implementing the USA Patriot Act, or its anti-money laundering program. Notwithstanding anything to the contrary, if Broker/Dealer is exempt from the requirement to develop, implement, implemented and maintain anti-money laundering policies that comply with the USA Patriot PATRIOT Act in which case Broker/Dealer agrees of 2001, as amended and applicable Federal anti-money laundering regulations, including steps to verify prospective shareholder identity ("AML Laws, Regulations and Policies"); (ii) comply with AML Laws, Regulations and Policies; (iii) will promptly deliver to the Distributor or Accessor Funds' designated Money Laundering Reporting Officer any AML Laws, Regulations and Policy violation, suspicious activity, suspicious activity investigation or filed Suspicious Activity Report that relates to any prospective shareholder of the Accessor Funds, and (iv) will cooperate with ADI or the Company Distributor and deliver information reasonably requested by ADI or the Company Distributor concerning shareholders that purchased Accessor Funds shares sold by Broker/Dealer you necessary for ADI the Distributor and the Company Accessor Funds to comply with either’s internal policiesAML Laws, Regulations and Policies; OR (v) are exempt from the USA Patriot Act requirement to develop, implement and relevant rules maintain anti-money laundering policies that comply with AML Laws, Regulations and regulationsPolicies in which case you agree to cooperate with the Distributor or Accessor Funds and deliver information reasonably requested by the Distributor or Accessor Funds concerning shareholders that purchased Accessor Funds shares sold by you necessary for the Distributor and the Accessor Funds to comply with AML Laws, Regulations and Policies. Broker/Dealer acknowledges If you maintain AML policies and procedures, you agree to furnish the Distributor or Accessor Funds with the following information, as applicable: (1) a copy of the policies and procedures governing your AML Program as in effect on the date hereof, and any material amendment thereto promptly after the adoption of any such amendment; (2) a copy of any deficiency letter sent by any federal examination authorities concerning your AML Program; (3) a copy of the certifications necessary for you to share suspicious activity or transaction information with us; (4) no less frequently than annually, a copy of any audit prepared with respect to your AML Program; and (5) any information reasonably requested by the Distributor or Accessor Funds to assist with compliance with applicable anti-money laundering requirements. You acknowledge that ADI the Distributor or the Company Accessor Funds may reject or refuse orders for the sale of Accessor Funds shares with respect to customers for which Broker/Dealer serves you serve as nominee if Broker/Dealer has you have not adopted and does do not implement anti-money laundering policies and procedures as required by the USA Patriot ActAML Rules and Regulations.

Appears in 2 contracts

Samples: Selling Agreement (Accessor Funds Inc), Selling Agreement (Accessor Funds Inc)

Anti-Money Laundering Program. Broker/Dealer Servicer hereby certifies that: (i) it understands that pursuant to various U.S. regulations, it is required to establish an anti-money laundering program, which satisfies the requirements of Title III of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (the “USA Patriot Act”); (ii) Broker/Dealer Servicer has developed, implemented, and will maintain such an anti-money laundering program, including a customer identification program consistent with the rules under sec. Section 326 of the USA Patriot Act, and will comply with all applicable laws and regulations designed to guard against money laundering activities set out in such program; (iii) Broker/Dealer Servicer will cooperate with ADI and deliver information reasonably requested by ADI concerning shareholders that purchased a Fund’s shares sold by Broker/Dealer Servicer necessary for ADI or the Company to comply with the USA Patriot Act; and (iv) Broker/Dealer Servicer will notify ADI, in writing, if it is found, by its Compliance Officer, independent anti-money laundering auditor, or any Federal, state, or self-regulatory agencies, to be in violation of the USA Patriot Act, any regulation implementing the USA Patriot Act, or its anti-money laundering program. Servicer agrees that accounts in the Funds held in the name of, or beneficially owned by, Servicer’s customers shall be accounts of Servicer, and that Servicer’s customers will be customers of Servicer, for all purposes under Servicer’s anti-money laundering program. Notwithstanding anything to the contrary, if Broker/Dealer Servicer is exempt from the requirement to develop, implement, and maintain anti-money laundering policies that comply with the USA Patriot Act in which case Broker/Dealer Act, then Servicer agrees to cooperate with ADI or and the Company and deliver information reasonably requested by ADI or the Company concerning shareholders that purchased shares sold by Broker/Dealer Servicer necessary for ADI and the Company to comply with either’s internal policies, the USA Patriot Act and relevant rules and regulations. Broker/Dealer Servicer acknowledges that ADI or the Company may reject or refuse orders for the sale of shares with respect to customers for which Broker/Dealer Servicer serves as nominee if Broker/Dealer Servicer has not adopted and does not implement anti-money laundering policies and procedures as required by the USA Patriot Act. Upon ADI’s request, Servicer shall promptly certify to having implemented anti-money laundering policies and procedures and complying with all aspects of the USA Patriot Act and applicable regulations.

Appears in 2 contracts

Samples: Shareholder Servicing Agreement (Wilmington Funds), Shareholder Servicing Agreement (Wilmington Funds)

Anti-Money Laundering Program. Broker/Dealer hereby certifies that: (i) it understands that pursuant to various U.S. regulations, it is required to establish an anti-money laundering program, which satisfies the requirements of Title III of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (the "USA Patriot Act"); (ii) Broker/Dealer has developed, implemented, and will maintain such an anti-money laundering program, including a customer identification program consistent with the rules under sec. 326 of the USA Patriot Act, and will comply with all applicable laws and regulations designed to guard against money laundering activities set out in such program; (iii) Broker/Dealer will cooperate with ADI and deliver information reasonably requested by the ADI concerning shareholders that purchased a Fund’s 's shares sold by Broker/Dealer necessary for ADI or the Company to comply with the USA Patriot Act; and (iv) Broker/Dealer will notify ADI, in writing, if it is found, by its Compliance Officer, independent anti-money laundering auditor, or any Federal, state, or self-regulatory agencies, to be in violation of the USA Patriot Act, any regulation implementing the USA Patriot Act, or its anti-money laundering program. Notwithstanding anything to the contrary, if Broker/Dealer is exempt from the requirement to develop, implement, and maintain anti-money laundering policies that comply with USA Patriot Act in which case Broker/Dealer agrees to cooperate with ADI or the Company and deliver information reasonably requested by ADI or the Company concerning shareholders that purchased shares sold by Broker/Dealer necessary for ADI and the Company to comply with either’s 's internal policies, the USA Patriot Act and relevant rules and regulations. Broker/Dealer acknowledges that ADI or the Company may reject or refuse orders for the sale of shares with respect to customers for which Broker/Dealer serves as nominee if Broker/Dealer has not adopted and does not implement anti-money laundering policies and procedures as required by the USA Patriot Act.

Appears in 1 contract

Samples: Broker Dealer Selling Agreement (Campbell Multi-Strategy Trust)

Anti-Money Laundering Program. Broker/Dealer hereby certifies that: (i) it understands that pursuant to various U.S. regulations, it is required to establish an anti-money laundering program, which satisfies the requirements of Title III of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (the “USA Patriot Act”); (ii) Broker/Dealer has developed, implemented, and will maintain such an anti-money laundering program, including a customer identification program consistent with the rules under sec. Section 326 of the USA Patriot Act, and will comply with all applicable laws and regulations designed to guard against money laundering activities set out in such program; (iii) Broker/Dealer will cooperate with ADI and deliver information reasonably requested by ADI concerning shareholders that purchased a Fund’s shares sold by Broker/Dealer necessary for ADI or the each Company to comply with the USA Patriot Act; and (iv) Broker/Dealer will notify ADI, in writing, if it is found, by its Compliance Officer, independent anti-money laundering auditor, or any Federal, state, or self-regulatory agencies, to be in violation of the USA Patriot Act, any regulation implementing the USA Patriot Act, or its anti-money laundering program. Notwithstanding anything to the contrary, if Broker/Dealer is exempt from the requirement to develop, implement, and maintain anti-money laundering policies that comply with the USA Patriot Act in which case , then Broker/Dealer agrees to cooperate with ADI or the Company and deliver information reasonably requested by ADI or the Company concerning shareholders that purchased shares sold by Broker/Dealer necessary for ADI and the Company to comply with either’s internal policies, the USA Patriot Act and relevant rules and regulations. Broker/Dealer acknowledges that ADI or the Company may reject or refuse orders for the sale of shares with respect to customers for which Broker/Dealer serves as nominee if Broker/Dealer has not adopted and does not implement anti-money laundering policies and procedures as required by the USA Patriot Act.

Appears in 1 contract

Samples: Broker Dealer Selling Agreement (Heartland Group Inc)

Anti-Money Laundering Program. Broker/Dealer hereby certifies that: (i) it understands that pursuant to various U.S. regulations, it is required to establish an anti-money laundering program, which satisfies the requirements of Title III of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (the “USA Patriot Act”); (ii) Broker/Dealer has developed, implemented, and will maintain such an anti-money laundering program, including a customer identification program consistent with the rules under sec. Section 326 of the USA Patriot Act, and will comply with all applicable laws and regulations designed to guard against money laundering activities set out in such program; (iii) Broker/Dealer will cooperate with ADI the Distributor and deliver information reasonably requested by ADI the Distributor concerning shareholders that purchased a Fund’s shares sold by Broker/Dealer necessary for ADI the Distributor or the Company to comply with the USA Patriot Act; and (iv) Broker/Dealer will promptly notify ADIthe Distributor, in writing, if it is found, by its Compliance Officer, independent anti-money laundering auditor, or any Federal, state, or self-regulatory agencies, to be in violation of the USA Patriot Act, any regulation implementing the USA Patriot Act, or its anti-money laundering program; and (v) Broker/Dealer is not, as of the date of this Agreement, aware of any material violations of the USA Patriot Act at Broker/Dealer. Notwithstanding anything to the contrary, if Broker/Dealer is exempt from the requirement to develop, implement, and maintain anti-money laundering policies that comply with the USA Patriot Act in which case Broker/Dealer agrees to cooperate with ADI the Distributor or the Company and deliver information reasonably requested by ADI the Distributor or the Company concerning shareholders that purchased shares sold by Broker/Dealer necessary for ADI the Distributor and the Company to comply with either’s internal policies, the USA Patriot Act and relevant rules and regulations. Broker/Dealer acknowledges that ADI the Distributor or the Company may reject or refuse orders for the sale of shares with respect to customers for which Broker/Dealer serves as nominee if Broker/Dealer has not adopted and does not implement anti-money laundering policies and procedures as required by the USA Patriot Act.

Appears in 1 contract

Samples: Broker Dealer Selling Agreement (FS Multi-Alternative Income Fund)

Anti-Money Laundering Program. Broker/Dealer Servicer hereby certifies that: (i) it understands that pursuant to various U.S. regulations, it is required to establish an anti-money laundering program, which satisfies the requirements of Title III of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (the “USA Patriot Act”); (ii) Broker/Dealer Servicer has developed, implemented, and will maintain such an anti-money laundering program, including a customer identification program consistent with the rules under sec. Section 326 of the USA Patriot Act, and will comply with all applicable laws and regulations designed to guard against money laundering activities set out in such program; (iii) Broker/Dealer Servicer will cooperate with ADI the Distributor and deliver information reasonably requested by ADI the Distributor concerning shareholders that purchased a Fund’s shares sold by Broker/Dealer Servicer necessary for ADI the Distributor or the Company to comply with the USA Patriot Act; and (iv) Broker/Dealer Servicer will notify ADIthe Distributor, in writing, if it is found, by its Compliance Officer, independent anti-money laundering auditor, or any Federal, state, or self-regulatory agencies, to be in violation of the USA Patriot Act, any regulation implementing the USA Patriot Act, or its anti-money laundering program. Notwithstanding anything to the contrary, if Broker/Dealer Servicer is exempt from the requirement to develop, implement, and maintain anti-money laundering policies that comply with the USA Patriot Act in which case Broker/Dealer Servicer agrees to cooperate with ADI the Distributor or the Company and deliver information reasonably requested by ADI the Distributor or the Company concerning shareholders that purchased shares sold by Broker/Dealer Servicer necessary for ADI the Distributor and the Company to comply with either’s internal policies, the USA Patriot Act and relevant rules and regulations. Broker/Dealer Servicer acknowledges that ADI the Distributor or the Company may reject or refuse orders for the sale of shares with respect to customers for which Broker/Dealer Servicer serves as nominee if Broker/Dealer Servicer has not adopted and does not implement anti-money laundering policies and procedures as required by the USA Patriot Act.

Appears in 1 contract

Samples: Shareholder Servicing Agreement (Century Capital Management Trust)

Anti-Money Laundering Program. Broker/Dealer hereby certifies that: (i) it understands that pursuant to various U.S. regulations, it is required to establish an anti-money laundering program, which satisfies the requirements of Title III of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (the “USA Patriot Act”); (ii) Broker/Dealer has developed, implemented, and will maintain such an anti-money laundering program, including a customer identification program consistent with the rules under sec. Section 326 of the USA Patriot Act, and will comply with all applicable laws and regulations designed to guard against money laundering activities set out in such program; (iii) Broker/Dealer will cooperate with ADI the Distributor and deliver information reasonably requested by ADI the Distributor concerning shareholders that purchased a Fund’s shares sold by Broker/Dealer necessary for ADI the Distributor or the Company Trust to comply with the USA Patriot Act; and (iv) Broker/Dealer will notify ADIthe Distributor, in writing, if it is found, by its Compliance Officer, independent anti-money laundering auditor, or any Federal, state, or self-regulatory agencies, to be in violation of the USA Patriot Act, any regulation implementing the USA Patriot Act, or its anti-money laundering program. Notwithstanding anything to the contrary, if Broker/Dealer is exempt from the requirement to develop, implement, and maintain anti-money laundering policies that comply with USA Patriot Act in which case Broker/Dealer agrees to cooperate with ADI the Distributor or the Company Trust and deliver information reasonably requested by ADI the Distributor or the Company Trust concerning shareholders that purchased shares sold by Broker/Dealer necessary for ADI the Distributor and the Company Trust to comply with either’s internal policies, the USA Patriot Act and relevant rules and regulations. Broker/Dealer acknowledges that ADI the Distributor or the Company Trust may reject or refuse orders for the sale of shares with respect to customers for which Broker/Dealer serves as nominee if Broker/Dealer has not adopted and does not implement anti-money laundering policies and procedures as required by the USA Patriot Act.

Appears in 1 contract

Samples: Broker Dealer Selling Agreement (Broadstone Real Estate Access Fund)

Anti-Money Laundering Program. Broker/Dealer Servicer hereby certifies that: (i) it understands that pursuant to various U.S. regulations, it is required to establish an anti-money laundering program, which satisfies the requirements of Title III of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (the “USA Patriot Act”); (ii) Broker/Dealer Servicer has developed, implemented, and will maintain such an anti-money laundering program, including a customer identification program consistent with the rules under sec. 326 of the USA Patriot Act, and will comply with all applicable laws and regulations designed to guard against money laundering activities set out in such program; (iii) Broker/Dealer Servicer will cooperate with ADI APSD and deliver information reasonably requested by ADI APSD concerning shareholders that purchased a Fund’s shares sold by Broker/Dealer Servicer necessary for ADI APSD or the Company to comply with the USA Patriot Act; and (iv) Broker/Dealer Servicer will notify ADIAPSD, in writing, if it is found, by its Compliance Officer, independent anti-money laundering auditor, or any Federal, state, or self-regulatory agencies, to be in violation of the USA Patriot Act, any regulation implementing the USA Patriot Act, or its anti-money laundering program. 2015-07-AAI-Cxxxxx 10 Notwithstanding anything to the contrary, if Broker/Dealer Servicer is exempt from the requirement to develop, implement, and maintain anti-money laundering policies that comply with the USA Patriot Act in which case Broker/Dealer Servicer agrees to cooperate with ADI APSD or the Company and deliver information reasonably requested by ADI APSD or the Company concerning shareholders that purchased shares sold by Broker/Dealer Servicer necessary for ADI APSD and the Company to comply with either’s internal policies, the USA Patriot Act and relevant rules and regulations. Broker/Dealer Servicer acknowledges that ADI APSD or the Company may reject or refuse orders for the sale of shares with respect to customers for which Broker/Dealer Servicer serves as nominee if Broker/Dealer Servicer has not adopted and does not implement anti-money laundering policies and procedures as required by the USA Patriot Act.

Appears in 1 contract

Samples: Shareholder Servicing Agreement (Clough Funds Trust)

Anti-Money Laundering Program. Broker/Dealer Servicer hereby certifies that: (i) it understands that pursuant to various U.S. regulations, it is required to establish an anti-money laundering program, which satisfies the requirements of Title III of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (the “USA Patriot Act”); (ii) Broker/Dealer Servicer has developed, implemented, and will maintain such an anti-money laundering program, including a customer identification program consistent with the rules under sec. 326 of the USA Patriot Act, and will comply with all applicable laws and regulations designed to guard against money laundering activities set out in such program; (iii) Broker/Dealer Servicer will cooperate with ADI and deliver information reasonably requested by ADI concerning shareholders that purchased a Fund’s shares sold by Broker/Dealer Servicer necessary for ADI or the Company to comply with the USA Patriot Act; and (iv) Broker/Dealer Servicer will notify ADI, in writing, if it is found, by its Compliance Officer, independent anti-money laundering auditor, or any Federal, state, or self-regulatory agencies, to be in violation of the USA Patriot Act, any regulation implementing the USA Patriot Act, or its anti-money laundering program. Servicer agrees that accounts in the Funds held in the name of, or beneficially owned by, Servicer’s customers shall be accounts of Servicer, and that Servicer’s customers will be customers of Servicer, for all purposes under Servicer’s anti-money laundering program. Notwithstanding anything to the contrary, if Broker/Dealer Servicer is exempt from the requirement to develop, implement, and maintain anti-money laundering policies that comply with the USA Patriot Act in which case Broker/Dealer Servicer agrees to cooperate with ADI or the Company and deliver information reasonably requested by ADI or the Company concerning shareholders that purchased shares sold by Broker/Dealer Servicer necessary for ADI and the Company to comply with either’s internal policies, the USA Patriot Act and relevant rules and regulations. Broker/Dealer Servicer acknowledges that ADI or the Company may reject or refuse orders for the sale of shares with respect to customers for which Broker/Dealer Servicer serves as nominee if Broker/Dealer Servicer has not adopted and does not implement anti-money laundering policies and procedures as required by the USA Patriot Act.

Appears in 1 contract

Samples: Shareholder Servicing Agreement (MTB Funds)

Anti-Money Laundering Program. Broker/Dealer (a) The Fund hereby certifies thatdelegates to Atlantic, and Atlantic hereby accepts, responsibility to perform certain services in connection with the Fund’s Anti-Money Laundering Program (the “Fund AML Program”), as further set out in the Fund AML Program, including provisions relating to: (i) customer identification program, (ii) suspicious activity monitoring and reporting; (iii) cash transaction reporting; (iv) recordkeeping; and (v) employee training (as it understands that pursuant relates to various U.S. regulationsAtlantic employees) (collectively, it is required the “AML Services”). Atlantic further agrees to establish an cooperate with the Fund’s AML Compliance Officer in the performance of the AML Services as set forth in the Fund AML Program. (b) Atlantic represents and warrants that: (i) Atlantic undertakes to perform all delegated responsibilities under the Fund AML Program; and (ii) Atlantic has adopted and will maintain a written anti-money laundering programprogram (“Atlantic AML Program”) that includes policies and procedures that enable it to perform its responsibilities under the Agreement, as amended hereby. (c) The Fund represents and warrants that the Fund will promptly provide Atlantic any amendment(s) to the Fund AML Program, which satisfies will be subject to the requirements of Title III terms of the Uniting Agreement, as amended hereby, upon delivery to Atlantic. (d) Atlantic hereby: (i) agrees to provide, upon request by federal examiners, information and Strengthening America records maintained by Providing Appropriate Tools Required Atlantic relating to Intercept and Obstruct Terrorism Act the Fund AML Program for purposes of 2001 (the “USA Patriot Act”); Fund AML Program; (ii) Broker/Dealer has developedagrees to provide, implementedupon request by the Fund, information and will maintain such an anti-money laundering program, including a customer identification program consistent with records maintained by Atlantic relating to the rules under sec. 326 of AML Services and the USA Patriot Act, and will comply with all applicable laws and regulations designed Atlantic AML Program as it applies to guard against money laundering activities set out in such program; the AML Services; (iii) Broker/Dealer will cooperate with ADI and deliver information reasonably requested by ADI concerning shareholders that purchased a Fund’s shares sold by Broker/Dealer necessary for ADI or the Company to comply with the USA Patriot Act; and (iv) Broker/Dealer will notify ADI, in writing, if it is found, by its Compliance Officer, independent anti-money laundering auditor, or any Federal, state, or self-regulatory agencies, to be in violation of the USA Patriot Act, any regulation implementing the USA Patriot Act, or its anti-money laundering program. Notwithstanding anything to the contrary, if Broker/Dealer is exempt from the requirement to develop, implement, and maintain anti-money laundering policies that comply with USA Patriot Act in which case Broker/Dealer agrees to cooperate with ADI the Fund’s AML Compliance Officer with respect to any request for information by the Financial Crimes Enforcement Network pursuant to the Bank Secrecy Act, as amended by the USA PATRIOT Act and the regulations thereunder; and (iv) consents to the inspection of Atlantic by federal examiners for purposes of the Fund AML Program. (e) Atlantic agrees to furnish to the Fund the following: (i) a copy of Atlantic AML Program as in effect on the date hereof, and any material amendment thereto promptly after the adoption of any such amendment; (ii) no less frequently than annually, a report on the Atlantic AML Program that includes a certification to the Fund concerning Atlantic’s implementation of, and ongoing compliance with, the Atlantic AML Program and a summary of any audit report prepared with respect to the Atlantic AML Program as its pertains to the AML Services; (iii) interim reports with respect to any material issues that arise with respect to the AML Services or the Company and deliver information Atlantic AML Program; and (iv) periodic reports concerning Atlantic’s compliance with the Atlantic AML Program and/or the AML Services at such times as may be reasonably requested by ADI the Board or the Company concerning shareholders that purchased shares sold by Broker/Dealer necessary for ADI and the Company to comply with either’s internal policies, the USA Patriot Act and relevant rules and regulations. Broker/Dealer acknowledges that ADI or the Company may reject or refuse orders for the sale of shares with respect to customers for which Broker/Dealer serves as nominee if Broker/Dealer has not adopted and does not implement anti-money laundering policies and procedures as required by the USA Patriot ActAML Compliance Officer.

Appears in 1 contract

Samples: Closed End Fund Services Agreement (FSI Low Beta Absolute Return Fund)

Anti-Money Laundering Program. Broker/Dealer hereby certifies that: (i) it understands that pursuant to various U.S. regulations, it is required to establish an anti-money laundering program, which satisfies the requirements of Title III of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (the “USA Patriot Act”); (ii) Broker/Dealer has developed, implemented, and will maintain such an anti-money laundering program, including a customer identification program consistent with the rules under sec. Section 326 of the USA Patriot Act, and will comply with all applicable laws and regulations designed to guard against money laundering activities set out in such program; (iii) Broker/Dealer will cooperate with ADI the Distributor and deliver information reasonably requested by ADI the Distributor concerning shareholders that purchased a Fund’s shares sold by Broker/Dealer necessary for ADI the Distributor or the Company to comply with the USA Patriot Act; and (iv) Broker/Dealer will notify ADIthe Distributor, in writing, if it is found, by its Compliance Officer, independent anti-money laundering auditor, or any Federal, state, or self-regulatory agencies, to be in violation of the USA Patriot Act, any regulation implementing the USA Patriot Act, or its anti-money laundering program. Notwithstanding anything to the contrary, if Broker/Dealer is exempt from the requirement to develop, implement, and maintain anti-money laundering policies that comply with USA Patriot Act in which case Act, Broker/Dealer agrees to cooperate with ADI the Distributor or the Company and deliver information reasonably requested by ADI the Distributor or the Company concerning shareholders that purchased shares sold by Broker/Dealer necessary for ADI the Distributor and the Company to comply with either’s internal policies, the USA Patriot Act and relevant rules and regulations. Broker/Dealer acknowledges that ADI the Distributor or the Company may reject or refuse orders for the sale of shares with respect to customers for which Broker/Dealer serves as nominee if Broker/Dealer has not adopted and does not implement anti-money laundering policies and procedures as required by the USA Patriot Act.

Appears in 1 contract

Samples: Broker Dealer Selling Agreement (Smead Funds Trust)

Anti-Money Laundering Program. Broker/Dealer hereby certifies that: (i) it understands that pursuant to various U.S. regulations, it is required to establish an anti-money laundering program, which satisfies the requirements of Title III of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (the “USA Patriot Act”); (ii) Broker/Dealer has developed, implemented, and will maintain such an anti-money laundering program, including a customer identification program consistent with the rules under sec. 326 of the USA Patriot Act, and will comply with all applicable laws and regulations designed to guard against money laundering activities set out in such program; (iii) Broker/Dealer will cooperate with ADI and deliver information reasonably requested by ADI concerning shareholders that purchased a Fund’s shares sold by Broker/Dealer necessary for ADI or the Company to comply with the USA Patriot Act; and (iv) Broker/Dealer will notify ADI, in writing, if it is found, by its Compliance Officer, independent anti-money laundering auditor, or any Federal, state, or self-regulatory agencies, to be in violation of the USA Patriot Act, any regulation implementing the USA Patriot Act, or its anti-money laundering program. Broker/Dealer agrees that accounts in the Funds held in the name of, or beneficially owned by, Broker/Dealer’s customers shall be accounts of Broker/Dealer, and that Broker/Dealer’s customers will be customers of Broker/Dealer, for all purposes under Broker/Dealer’s anti-money laundering program. Notwithstanding anything to the contrary, if Broker/Dealer is exempt from the requirement to develop, implement, and maintain anti-money laundering policies that comply with USA Patriot Act in which case Broker/Dealer agrees to cooperate with ADI or the Company and deliver information reasonably requested by ADI or the Company concerning shareholders that purchased shares sold by Broker/Dealer necessary for ADI and the Company to comply with either’s internal policies, the USA Patriot Act and relevant rules and regulations. Broker/Dealer acknowledges that ADI or the Company may reject or refuse orders for the sale of shares with respect to customers for which Broker/Dealer serves as nominee if Broker/Dealer has not adopted and does not implement anti-money laundering policies and procedures as required by the USA Patriot Act.

Appears in 1 contract

Samples: Broker Dealer Selling Agreement (MTB Funds)

Anti-Money Laundering Program. Broker/Dealer hereby certifies that: (i) it understands that pursuant to various U.S. regulations, it is required to establish an anti-money laundering program, which satisfies the requirements of Title III of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (the “USA Patriot Act”); (ii) Broker/Dealer has developed, implemented, and will maintain such an anti-money laundering program, including a customer identification program consistent with the rules under sec. 326 of the USA Patriot Act, and will comply with all applicable laws and regulations designed to guard against money laundering activities set out in such program; (iii) Broker/Dealer will cooperate with ADI the Distributor and deliver information reasonably requested by ADI the Distributor concerning shareholders that purchased a Fund’s shares sold by Broker/Dealer necessary for ADI the Distributor or the Company to comply with the USA Patriot Act; and (iv) Broker/Dealer will notify ADIthe Distributor, in writing, if it is found, by its Compliance Officer, independent anti-money laundering auditor, or any Federal, state, or self-regulatory agencies, to be in violation of the USA Patriot Act, any regulation implementing the USA Patriot Act, or its anti-money laundering program. Notwithstanding anything to the contrary, if Broker/Dealer is exempt from the requirement to develop, implement, and maintain anti-money laundering policies that comply with USA Patriot Act in which case Broker/Dealer agrees to cooperate with ADI the Distributor or the Company and deliver information reasonably requested by ADI the Distributor or the Company concerning shareholders that purchased shares sold by Broker/Dealer necessary for ADI the Distributor and the Company to comply with either’s internal policies, the USA Patriot Act and relevant rules and regulations. Broker/Dealer acknowledges that ADI the Distributor or the Company may reject or refuse orders for the sale of shares with respect to customers for which Broker/Dealer serves as nominee if Broker/Dealer has not adopted and does not implement anti-money laundering policies and procedures as required by the USA Patriot Act.

Appears in 1 contract

Samples: Broker Dealer Selling Agreement (Whitebox Mutual Funds)

Anti-Money Laundering Program. Broker/Dealer Servicer hereby certifies that: (i) it understands that pursuant to various U.S. regulations, it is required to establish an anti-money laundering program, which satisfies the requirements of Title III of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (the “USA Patriot Act”); (ii) Broker/Dealer Servicer has developed, implemented, and will maintain such an anti-money laundering program, including a customer identification program consistent with the rules under sec. Section 326 of the USA Patriot Act, and will comply with all applicable laws and regulations designed to guard against money laundering activities set out in such program; (iii) Broker/Dealer Servicer will cooperate with ADI and deliver information reasonably requested by ADI concerning shareholders that purchased a Fund’s shares sold by Broker/Dealer Servicer necessary for ADI or the Company to comply with the USA Patriot Act; and (iv) Broker/Dealer Servicer will notify ADI, in writing, if it is found, by its Compliance Officer, independent anti-money laundering auditor, or any Federal, state, or self-regulatory agencies, to be in violation of the USA Patriot Act, any regulation implementing the USA Patriot Act, or its anti-money laundering program. Notwithstanding anything to the contrary, if Broker/Dealer Servicer is exempt from the requirement to develop, implement, and maintain anti-money laundering policies that comply with the USA Patriot Act in which case Broker/Dealer Act, then Servicer agrees to cooperate with ADI or the Company and deliver information reasonably requested by ADI or the Company concerning shareholders that purchased shares sold by Broker/Dealer Servicer necessary for ADI and the Company to comply with either’s internal policies, the USA Patriot Act and relevant rules and regulations. Broker/Dealer Servicer acknowledges that ADI or the Company may reject or refuse orders for the sale of shares with respect to customers for which Broker/Dealer Servicer serves as nominee if Broker/Dealer Servicer has not adopted and does not implement anti-money laundering policies and procedures as required by the USA Patriot Act.

Appears in 1 contract

Samples: Shareholder Servicing Agreement (Heartland Group Inc)

Anti-Money Laundering Program. Broker/Dealer hereby certifies that: (i) it understands that pursuant to various U.S. regulations, it is required to establish an anti-money laundering program, which satisfies the requirements of Title III of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (the “USA Patriot Act”); (ii) Broker/Dealer has developed, implemented, and will maintain such an anti-money laundering program, including a customer identification program consistent with the rules under sec. 326 of the USA Patriot Act, and will comply with all applicable laws and regulations designed to guard against money laundering activities set out in such program; (iii) Broker/Dealer will cooperate with ADI APSD and deliver information reasonably requested by ADI APSD concerning shareholders that purchased a Fund’s shares sold by Broker/Dealer necessary for ADI APSD or the Company to comply with the USA Patriot Act; and (iv) Broker/Dealer will notify ADIAPSD, in writing, if it is found, by its Compliance Officer, independent anti-money laundering auditor, or any Federal, state, or self-regulatory agencies, to be in violation of the USA Patriot Act, any regulation implementing the USA Patriot Act, or its anti-money laundering program. Notwithstanding anything to the contrary, if Broker/Dealer is exempt from the requirement to develop, implement, and maintain anti-money laundering policies that comply with USA Patriot Act in which case Broker/Dealer agrees to cooperate with ADI APSD or the Company and deliver information reasonably requested by ADI APSD or the Company concerning shareholders that purchased shares sold by Broker/Dealer necessary for ADI APSD and the Company to comply with either’s internal policies, the USA Patriot Act and relevant rules and regulations. Broker/Dealer acknowledges that ADI APSD or the Company may reject or refuse orders for the sale of shares with respect to customers for which Broker/Dealer serves as nominee if Broker/Dealer has not adopted and does not implement anti-money laundering policies and procedures as required by the USA Patriot Act.

Appears in 1 contract

Samples: Broker Dealer Selling Agreement (Clough Funds Trust)

Anti-Money Laundering Program. Broker/Dealer hereby certifies that: (i) it understands that pursuant to various U.S. regulations, it is required to establish an anti-money laundering program, which satisfies the requirements of Title III of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (the “USA Patriot Act”); (ii) Broker/Dealer has developed, implemented, and will maintain such an anti-money laundering program, including a customer identification program consistent with the rules under sec. Section 326 of the USA Patriot Act, and will comply with all applicable laws and regulations designed to guard against money laundering activities set out in such program; (iii) Broker/Dealer will cooperate with ADI the Distributor and deliver information reasonably requested by ADI the Distributor concerning shareholders that purchased a the Fund’s shares sold by Broker/Dealer necessary for ADI the Distributor or the Company Fund to comply with the USA Patriot Act; and (iv) Broker/Dealer will notify ADIthe Distributor, in writing, if it is found, by its Compliance Officer, independent anti-money laundering auditor, or any Federal, state, or self-regulatory agencies, to be in violation of the USA Patriot Act, any regulation implementing the USA Patriot Act, or its anti-money laundering program. Notwithstanding anything to the contrary, if Broker/Dealer is exempt from the requirement to develop, implement, and maintain anti-money laundering policies that comply with USA Patriot Act in which case Broker/Dealer agrees to cooperate with ADI the Distributor or the Company Fund and deliver information reasonably requested by ADI the Distributor or the Company Fund concerning shareholders that purchased shares sold by Broker/Dealer necessary for ADI the Distributor and the Company Fund to comply with either’s internal policies, the USA Patriot Act and relevant any other applicable anti-money laundering rules and regulations. Broker/Dealer acknowledges that ADI the Distributor or the Company Fund may reject or refuse orders for the sale of shares with respect to customers for which Broker/Dealer serves as nominee if Broker/Dealer has not adopted and does not implement anti-money laundering policies and procedures as required by the USA Patriot ActAct or other applicable anti-money laundering rules and regulations.

Appears in 1 contract

Samples: Broker Dealer Agreement (NorthStar/Townsend Institutional Real Estate Fund Inc.)