Anti-Money Laundering Services. The Trust hereby delegates to you, and you agree to accept the delegation of, the performance, on behalf of the Trust, of those anti-money laundering services (the "AML Services") set forth in Exhibit B concerning those retailing broker-dealers that open accounts with the Trust in order to purchase creation units of the Trust's Funds into inventory and then sell them to the public. You agree to the foregoing delegation and agree that you will perform the delegated AML Services in accordance with the Trust's AML Program. In connection therewith, you agree to maintain policies and procedures, and related internal controls, that are consistent with the Trust's AML Program and the requirement that the Trust employ procedures reasonably designed to achieve compliance with applicable anti-money laundering laws, regulations and rules, including the requirement to have policies and procedures that can be reasonably expected to detect and cause the reporting of transactions under the Bank Secrecy Act, as amended by the USA PATRIOT Act of 2001. You also agree to keep and maintain on behalf of the Trust all books and records which the Trust and you are, or may be, required to keep and maintain pursuant to any applicable laws, regulations, and rules, including without limitation Rules 31a-1 and 31a-2 under the 1940 Act, relating to the maintenance of books and records in connection with the AML services to be provided hereunder. You further agree that all such books and records shall be the property of the Trust and to make such books and records available for inspection by the Trust or by the Trust's regulators, including the SEC, at reasonable times and otherwise to keep confidential all books and records and other information relative to the Trust and its shareholders consistent with the requirements of Regulation S-P.
Appears in 3 contracts
Samples: Distribution Agreement (Rydex Etf Trust), Distribution Agreement (Rydex Etf Trust), Distribution Agreement (Rydex Etf Trust)
Anti-Money Laundering Services. The Trust hereby delegates to you, and you agree to accept the delegation of, the performance, on behalf of the Trust, of those anti-money laundering services (the "“AML Services"”) set forth in Exhibit B concerning those retailing broker-dealers that open accounts with the Trust in order to purchase creation units of the Trust's ’s Funds into inventory and then sell them to the public. You agree to the foregoing delegation and agree that you will perform the delegated AML Services in accordance with the Trust's ’s AML Program. In connection therewith, you agree to maintain policies and procedures, and related internal controls, that are consistent with the Trust's ’s AML Program and the requirement that the Trust employ procedures reasonably designed to achieve compliance with applicable anti-money laundering laws, regulations and rules, including the requirement to have policies and procedures that can be reasonably expected to detect and cause the reporting of transactions under the Bank Secrecy Act, as amended by the USA PATRIOT Act of 2001. You also agree to keep and maintain on behalf of the Trust all books and records which the Trust and you are, or may be, required to keep and maintain pursuant to any applicable laws, regulations, and rules, including without limitation Rules 31a-1 and 31a-2 under the 1940 Act, relating to the maintenance of books and records in connection with the AML services to be provided hereunder. You further agree that all such books and records shall be the property of the Trust and to make such books and records available for inspection by the Trust or by the Trust's ’s regulators, including the SEC, at reasonable times and otherwise to keep confidential all books and records and other information relative to the Trust and its shareholders consistent with the requirements of Regulation S-P.
Appears in 2 contracts
Samples: Rydex Etf Trust (Rydex Etf Trust), Rydex Etf Trust (Rydex Etf Trust)