CIP Services. To enable the Fund and LMIS to comply with their CIP pursuant to regulations issued under Section 326 of the Act, Transfer Agent shall perform the following functions: (1) Implement procedures under which new accounts in the Fund are not established unless Transfer Agent has first obtained the name, date of birth (for natural persons only), address, and government-issued identification number as described in 31 CFR § 1024.220 for the Fund or § 1023.220 for LMIS (collectively, the “Data Elements”) from each corresponding Customer (as defined therein). (2) Use collected Data Elements to attempt to reasonably verify the identity of each new Customer promptly before or within a reasonable time (generally not in excess of thirty days) after each corresponding new account is opened. In compliance with CIP regulations, methods shall consist of non-documentary methods (for which Transfer Agent may use unaffiliated information vendors to assist with such verifications, providing that (i) Transfer Agent’s contract with such vendor requires the vendor to keep and maintain the confidentiality of any information provided by or obtained about a Customer and (ii) Transfer Agent has and continues to form a reasonable belief that such vendors will maintain the confidentiality of any information so described in (i)) or documentary methods, both of which Transfer Agent believes will meet the minimum requirements to comply with 31 CFR § 1024.220 or 1023.220 for LMIS, and may include procedures under which Transfer Agent personnel conduct additional research to attempt to reasonably verify the identity of Customers who were not verified by Transfer Agent’s initial attempt. (3) Determine whether the Customer’s name appears on any list of known or suspected terrorists or terrorist organizations issued by any federal government agency and designated as such by the Department of Treasury in consultation with the federal functional regulators. (4) Record the Data Elements in an electronic repository (or other manner that satisfies the applicable regulations and allows for reasonably easy and prompt retrieval of the Data Elements) designed for this purpose and maintain records relating to verification of new Customers consistent with the applicable CIP regulations at 31 CFR Part X. (5) Report regularly to the Fund’s AML Officer about measures taken, results obtained and Customers for which identities cannot be verified under paragraphs (1)-(4) above. (6) Notify prospective Customers, consistent with 31 CFR § 1024.220(a)(5), about the Fund’s CIP or § 1023.220(a)(5) for LMIS; if Transfer Agent provides services by which prospective Customers may subscribe for shares in the Fund via the Internet, by telephone, or by application that is mailed to Transfer Agent, Transfer Agent shall work with the Fund and LMIS to notify prospective Customers about the Fund’s or LMIS CIP. (7) Transfer Agent shall notify the Fund and, where appropriate, LMIS’ AML Officer no later than 25 days after Transfer Agent determines activity may necessitate the filing of a SAR. (8) Timely file SARs with FinCEN through the BSA E-Filing System in accordance with applicable regulations, maintain the required records in compliance with 31 CFR § 1024.320 or § 1023.320 for LMIS and, as permitted, Transfer Agent shall submit a copy of the filed SAR with filing confirmation attached to the Fund’s or LMIS’ AML Officer within a reasonable time after its filing. (9) Certify to the Fund and/or LMIS no less frequently than annually, in a form that is mutually acceptable to the Fund, LMIS and Transfer Agent, that Transfer Agent has implemented the Fund’s and LMIS’ AML program, and that Transfer Agent will perform the specific AML obligations of the Fund and LMIS set forth in this Agreement, consistent with the Act and the implementing regulations thereunder which are applicable to the Fund and LMIS. (10) Set forth on a separate fee schedule compensation amounts due for CIP and other AML services pursuant to this Agreement. (11) The Fund and LMIS agree that Transfer Agent is not required to implement CIP procedures for the Fund except in compliance with the requirements of 31 CFR § 1024.220 and § 1023.220 for LMIS and the terms of this Agreement. (12) Notwithstanding any provision of this Agreement to the contrary, Transfer Agent need not perform any of the steps in paragraphs (1)-(10) above (or any CIP measures) with respect to any Customer who becomes a Customer of a Fund (“Fund A”) via exchange from another fund (“Fund B”) in accordance with the Customer’s privilege to exchange shares of Fund B for Fund A, provided that the other Fund B is within the same family of funds as may be provided to Transfer Agent from time to time. (13) Transfer Agent agrees to maintain any AML information and records obtained or created as agent of the Fund or LMIS in compliance with the confidentiality requirements of the Act and to limit access to and disclosure of such information and records consistent with the requirements of applicable law.
Appears in 10 contracts
Samples: Transfer Agency and Services Agreement (Legg Mason Partners Variable Income Trust), Transfer Agency and Services Agreement (Legg Mason Partners Premium Money Market Trust), Transfer Agency and Services Agreement (Legg Mason Global Asset Management Trust)
CIP Services. To enable the Fund and LMIS to comply with their CIP pursuant to regulations issued under Section 326 of the Act, Transfer Agent shall perform the following functions:
(1) Implement procedures under which new accounts in the Fund are not established unless Transfer Agent has first obtained the name, date of birth (for natural persons only), address, and government-issued identification number as described in 31 CFR § 1024.220 (formerly contained in 31 CFR § 103.131(b)(2)(i)(A)(4)) for the Fund or § 1023.220 for LMIS (collectively, the “Data Elements”) from each corresponding Customer (as defined therein).
(2) Use collected Data Elements to attempt to reasonably verify the identity of each new Customer promptly before or within a reasonable time (generally not in excess of thirty days) after each corresponding new account is opened. In compliance with CIP regulations, methods shall consist of non-documentary methods (for which Transfer Agent may use unaffiliated information vendors to assist with such verifications, providing that (i) Transfer Agent’s contract with such vendor requires the vendor to keep and maintain the confidentiality of any information provided by or obtained about a Customer and (ii) Transfer Agent has and continues to form a reasonable belief that such vendors will maintain the confidentiality of any information so described in (i)) or documentary methods, both of which Transfer Agent believes will meet the minimum requirements to comply with 31 CFR § 1024.220 (formerly contained in 31 CFR § 103.131) or 1023.220 for LMIS, and may include procedures under which Transfer Agent personnel conduct additional research to attempt to reasonably verify the identity of Customers who were not verified by Transfer Agent’s initial attempt.
(3) Determine whether the Customer’s name appears on any list of known or suspected terrorists or terrorist organizations issued by any federal government agency and designated as such by the Department of Treasury in consultation with the federal functional regulators.
(4) Record the Data Elements in an electronic repository (or other manner that satisfies the applicable regulations and allows for reasonably easy and prompt retrieval of the Data Elements) designed for this purpose and maintain records relating to verification of new Customers consistent with the applicable CIP regulations at 31 CFR Part X.X (formerly contained in 31 CFR § 103.131).
(5) Report regularly to the Fund’s AML Officer about measures taken, results obtained and Customers for which identities cannot be verified under paragraphs (1)-(4) above.
(6) Notify prospective Customers, consistent with 31 CFR § 1024.220(a)(5) (formerly contained in 31 CFR § 103.131(b)(5)), about the Fund’s CIP or § 1023.220(a)(5) for LMIS; if Transfer Agent provides services by which prospective Customers may subscribe for shares in the Fund via the Internet, by telephone, or by application that is mailed to Transfer Agent, Transfer Agent shall work with the Fund and LMIS to notify prospective Customers about the Fund’s or LMIS CIP.
(7) Transfer Agent shall notify the Fund and, where appropriate, LMIS’ AML Officer no Not later than 25 15 days after Transfer Agent reasonably determines that Customer transactions or activity may necessitate are suspicious, report such information to the Fund’s AML Officer or LMIS’ chief AML compliance officer, as appropriate, prior to filing of a the SAR.
(8) Timely timely file SARs with FinCEN (through the BSA E-Filing System System, or other means if such system is not available) in accordance with applicable regulations, maintain the required records in compliance with 31 CFR § 1024.320 (formerly contained in 31 CFR § 103.15) or § 1023.320 for LMIS and, as permitted, Transfer Agent shall submit a copy of the filed SAR with filing confirmation attached to the Fund’s or LMIS’ AML Officer within a reasonable time after 30 days of its filing.
(9) Certify to the Fund and/or LMIS no less frequently than annually, in a form that is mutually acceptable to the Fund, LMIS and Transfer Agent, that Transfer Agent has implemented the Fund’s and LMIS’ AML program, and that Transfer Agent will perform the specific AML obligations of the Fund and LMIS set forth in this Agreement, consistent with the Act and the implementing regulations thereunder which are applicable to the Fund and LMIS.
(10) Set forth on a separate fee schedule compensation amounts due for CIP and other AML services pursuant to this Agreement.
(11) The Fund and LMIS agree that Transfer Agent is not required to implement CIP procedures for the Fund except in compliance with the requirements of 31 CFR § 1024.220 (formerly contained in 31 CFR § 103.131) and § 1023.220 for LMIS and the terms of this Agreement.
(12) Notwithstanding any provision of this Agreement to the contrary, Transfer Agent need not perform any of the steps in paragraphs (1)-(10) above (or any CIP measures) with respect to any Customer who becomes a Customer of a Fund (“Fund A”) via exchange from another fund (“Fund B”) in accordance with the Customer’s privilege to exchange shares of Fund B for Fund A, provided that the other Fund B is within the same family of funds as may be provided to Transfer Agent from time to time.
(13) Transfer Agent agrees to maintain any AML information and records obtained or created as agent of the Fund or LMIS in compliance with the confidentiality requirements of the Act and to limit access to and disclosure of such information and records consistent with the requirements of applicable law.
Appears in 5 contracts
Samples: Transfer Agency and Services Agreement (Legg Mason Partners Variable Income Trust), Transfer Agency and Services Agreement (Legg Mason Partners Premium Money Market Trust), Transfer Agency and Services Agreement (Legg Mason Partners Money Market Trust)
CIP Services. To enable the Fund and LMIS to comply with their its CIP pursuant to regulations issued under Section 326 of the Act, Transfer Agent shall perform the following functions:
(1) Implement procedures under which new accounts in the Fund are not established unless Transfer Agent has first obtained the name, date of birth (for natural persons only), address, and government-issued identification number as described in 31 CFR § 1024.220 for the Fund or § 1023.220 for LMIS §103.131(b)(2)(i)(A)(4) (collectively, the “Data Elements”) from each corresponding Customer (as defined thereinin 31 CFR §103.131).
(2) Use collected Data Elements to attempt to reasonably verify the identity of each new Customer promptly before or within a reasonable time (generally not in excess of thirty days) after each corresponding new account is opened. In compliance with CIP regulations, methods shall consist of non-documentary methods (for which Transfer Agent may use unaffiliated information vendors to assist with such verifications, providing that (i) Transfer Agent’s contract with such vendor requires the vendor to keep and maintain the confidentiality of any information provided by or obtained about a Customer and (ii) Transfer Agent has and continues to form a reasonable belief that such vendors will maintain the confidentiality of any information so described in (i)) or documentary methods, both of which Transfer Agent believes will meet the minimum requirements to comply with 31 CFR § 1024.220 or 1023.220 for LMIS§103.131, and may include procedures under which Transfer Agent personnel conduct additional research to attempt to reasonably verify the identity of Customers who were not verified by Transfer Agent’s initial attempt.
(3) Determine whether the Customer’s name appears on any list of known or suspected terrorists or terrorist organizations issued by any federal government agency and designated as such by the Department of Treasury in consultation with the federal functional regulators.
(4) Record the Data Elements in an electronic repository (or other manner that satisfies the applicable regulations and allows for reasonably easy and prompt retrieval of the Data Elements) designed for this purpose and maintain records relating to verification of new Customers consistent with the applicable CIP regulations at 31 CFR Part X.§103.131(b)(3).
(5) Report regularly to the Fund’s AML Officer about measures taken, results obtained and Customers for which identities cannot be verified under paragraphs (1)-(4) above.
(6) Notify prospective Customers, consistent with 31 CFR § 1024.220(a)(5§103.131(b)(5), about the Fund’s CIP or § 1023.220(a)(5) for LMISCIP; if Transfer Agent provides services by which prospective Customers may subscribe for shares in the Fund via the Internet, by telephone, or by application that is mailed to Transfer Agent, Transfer Agent shall work with the Fund and LMIS to notify prospective Customers about the Fund’s or LMIS CIP.
(7) Transfer Agent shall notify the Fund and, where appropriate, LMIS’ AML Officer no Not later than 25 15 days after Transfer Agent reasonably determines that Customer transactions or activity may necessitate are suspicious, report such information to the Fund’s AML Officer prior to filing of a the SAR.
(8) Timely file SARs with FinCEN through the BSA E-Filing System in accordance with applicable regulationsU.S. Treasury Department, maintain the required records in compliance with 31 CFR § 1024.320 or § 1023.320 for LMIS 103.15 and, as permitted, Transfer Agent shall submit a copy of the filed SAR with filing confirmation attached to the Fund’s or LMIS’ AML Officer within a reasonable time after 30 days of its filing.
(9) Certify to the Fund and/or LMIS no less frequently than annually, in a form that is mutually acceptable to the Fund, LMIS Fund and Transfer Agent, that Transfer Agent has implemented the Fund’s and LMIS’ AML program, and that Transfer Agent will perform the specific AML obligations of the Fund and LMIS set forth in this Agreement, consistent with the Act and the implementing regulations thereunder which are applicable to the Fund and LMISFund.
(10) Set forth on a separate fee schedule compensation amounts due for CIP and other AML services pursuant to this Agreement.
(11) The Fund and LMIS agree agrees that Transfer Agent is not required to implement CIP procedures for the Fund except in compliance with the requirements of 31 CFR § 1024.220 and § 1023.220 for LMIS §103.131 and the terms of this Agreement.
(12) Notwithstanding any provision of this Agreement to the contrary, Transfer Agent need not perform any of the steps in paragraphs (1)-(10) above (or any CIP measures) with respect to any Customer who becomes a Customer of a Fund (“Fund A”) via exchange from another fund (“Fund B”) in accordance with the Customer’s privilege to exchange shares of Fund B for Fund A, provided that the other Fund B is within the same family of funds as may be provided to Transfer Agent from time to time.
(13) Transfer Agent agrees to maintain any AML information and records obtained or created as agent of the Fund or LMIS in compliance with the confidentiality requirements of the Act and to limit access to and disclosure of such information and records consistent with the requirements of applicable law.
Appears in 5 contracts
Samples: Transfer Agency and Services Agreement (Legg Mason Partners Variable Income Trust), Transfer Agency and Services Agreement (Legg Mason Partners Money Market Trust), Transfer Agency and Services Agreement (Western Asset Funds Inc)
CIP Services. To enable the Fund and LMIS Royce Fund Services to comply with their its CIP pursuant to regulations issued under Section 326 of the Act, Transfer Agent shall perform the following functions:
(1) Implement procedures under which new accounts in the Fund are not established unless Transfer Agent has first obtained the name, date of birth (for natural persons only), address, and government-issued identification number as described in 31 CFR § 1024.220 for the Fund or § 1023.220 for LMIS §103.131(b)(2)(i)(A)(4) (collectively, the “Data Elements”) from each corresponding Customer (as defined thereinin 31 CFR §103.131).
(2) Use collected Data Elements to attempt to reasonably verify the identity of each new Customer promptly before or within a reasonable time (generally not in excess of thirty days) after each corresponding new account is opened. In compliance with CIP regulations, methods shall consist of non-documentary methods (for which Transfer Agent may use unaffiliated information vendors to assist with such verifications, providing that (i) Transfer Agent’s contract with such vendor requires the vendor to keep and maintain the confidentiality of any information provided by or obtained about a Customer and (ii) Transfer Agent has and continues to form a reasonable belief that such vendors will maintain the confidentiality of any information so described in (i)) or documentary methods, both of which Transfer Agent believes will meet the minimum requirements to comply with 31 CFR § 1024.220 or 1023.220 for LMIS§103.131, and may include procedures under which Transfer Agent personnel conduct additional research to attempt to reasonably verify the identity of Customers who were not verified by Transfer Agent’s initial attempt.
(3) Determine whether the Customer’s name appears on any list of known or suspected terrorists or terrorist organizations issued by any federal government agency and designated as such by the Department of Treasury in consultation with the federal functional regulators.
(4) Record the Data Elements in an electronic repository (or other manner that satisfies the applicable regulations and allows for reasonably easy and prompt retrieval of the Data Elements) designed for this purpose and maintain records relating to verification of new Customers consistent with the applicable CIP regulations at 31 CFR Part X.§103.131(b)(3).
(5) Report regularly to the Fund’s AML Officer about measures taken, results obtained and Customers for which identities cannot be verified under paragraphs (1)-(4) above.
(6) Notify prospective Customers, consistent with 31 CFR § 1024.220(a)(5§103.131(b)(5), about the Fund’s CIP or § 1023.220(a)(5) for LMISCIP; if Transfer Agent provides services by which prospective Customers may subscribe for shares in the Fund via the Internet, by telephone, or by application that is mailed to Transfer Agent, Transfer Agent shall work with the Fund and LMIS to notify prospective Customers about the Fund’s or LMIS CIP.
(7) Transfer Agent shall notify the Fund and, where appropriate, LMIS’ AML Officer no Not later than 25 15 days after Transfer Agent reasonably determines that Customer transactions or activity may necessitate are suspicious, report such information to the Fund’s AML Officer prior to filing of a the SAR.
(8) Timely file SARs with FinCEN through the BSA E-Filing System in accordance with applicable regulationsU.S. Treasury Department, maintain the required records in compliance with 31 CFR § 1024.320 or § 1023.320 for LMIS 103.15 and, as permitted, Transfer Agent shall submit a copy of the filed SAR with filing confirmation attached to the Fund’s or LMIS’ AML Officer within a reasonable time after 30 days of its filing.
(9) Certify to the Fund and/or LMIS no less frequently than annually, in a form that is mutually acceptable to the Fund, LMIS Fund and Transfer Agent, that Transfer Agent has implemented the Fund’s and LMIS’ AML program, and that Transfer Agent will perform the specific AML obligations of the Fund and LMIS set forth in this Agreement, consistent with the Act and the implementing regulations thereunder which are applicable to the Fund and LMISFund.
(10) Set forth on a separate fee schedule compensation amounts due for CIP and other AML services pursuant to this Agreement.
(11) The Fund and LMIS agree agrees that Transfer Agent is not required to implement CIP procedures for the Fund except in compliance with the requirements of 31 CFR § 1024.220 and § 1023.220 for LMIS §103.131 and the terms of this Agreement.
(12) Notwithstanding any provision of this Agreement to the contrary, Transfer Agent need not perform any of the steps in paragraphs (1)-(10) above (or any CIP measures) with respect to any Customer who becomes a Customer of a Fund (“Fund A”) via exchange from another fund (“Fund B”) in accordance with the Customer’s privilege to exchange shares of Fund B for Fund A, provided that the other Fund B is within the same family of funds as may be provided to Transfer Agent from time to time.
(13) Transfer Agent agrees to maintain any AML information and records obtained or created as agent of the Fund or LMIS in compliance with the confidentiality requirements of the Act and to limit access to and disclosure of such information and records consistent with the requirements of applicable law.
Appears in 2 contracts
Samples: Transfer Agency and Services Agreement (Royce Capital Fund), Transfer Agency and Services Agreement (Royce Fund)
CIP Services. To enable the Fund and LMIS to comply with their CIP pursuant to regulations issued under Section 326 of the Act, Co-Transfer Agent shall perform the following functions:
(1) Implement procedures under which new accounts in the Fund are not established unless Co-Transfer Agent has first obtained the name, date of birth (for natural persons only), address, and government-issued identification number as described in 31 CFR § 1024.220 (formerly contained in 31 CFR § 103.131(b)(2)(i)(A)(4)) for the Fund or § 1023.220 for LMIS (collectively, the “Data Elements”) from each corresponding Customer (as defined therein).
(2) Use collected Data Elements to attempt to reasonably verify the identity of each new Customer promptly before or within a reasonable time (generally not in excess of thirty days) after each corresponding new account is opened. In compliance with CIP regulations, methods shall consist of non-documentary methods (for which Co-Transfer Agent may use unaffiliated information vendors to assist with such verifications, providing that (i) Co-Transfer Agent’s contract with such vendor requires the vendor to keep and maintain the confidentiality of any information provided by or obtained about a Customer and (ii) Co-Transfer Agent has and continues to form a reasonable belief that such vendors will maintain the confidentiality of any information so described in (i)) or documentary methods, both of which Co-Transfer Agent believes will meet the minimum requirements to comply with 31 CFR § 1024.220 (formerly contained in 31 CFR § 103.131) or 1023.220 for LMIS, and may include procedures under which Co-Transfer Agent personnel conduct additional research to attempt to reasonably verify the identity of Customers who were not verified by Co-Transfer Agent’s initial attempt.
(3) Determine whether the Customer’s name appears on any list of known or suspected terrorists or terrorist organizations issued by any federal government agency and designated as such by the Department of Treasury in consultation with the federal functional regulators.
(4) Record the Data Elements in an electronic repository (or other manner that satisfies the applicable regulations and allows for reasonably easy and prompt retrieval of the Data Elements) designed for this purpose and maintain records relating to verification of new Customers consistent with the applicable CIP regulations at 31 CFR Part X.X (formerly contained in 31 CFR § 103.131).
(5) Report regularly to the Fund’s AML Officer about measures taken, results obtained and Customers for which identities cannot be verified under paragraphs (1)-(4) above.
(6) Notify prospective Customers, consistent with 31 CFR § 1024.220(a)(5) (formerly contained in 31 CFR § 103.131(b)(5)), about the Fund’s CIP or § 1023.220(a)(5) for LMIS; if Co-Transfer Agent provides services by which prospective Customers may subscribe for shares in the Fund via the Internet, by telephone, or by application that is mailed to Co-Transfer Agent, Co-Transfer Agent shall work with the Fund and LMIS to notify prospective Customers about the Fund’s or LMIS CIP.
(7) Not later than 15 days after Co-Transfer Agent shall notify reasonably determines that Customer transactions or activity are suspicious, report such information to the Fund andFund’s AML Officer or LMIS’ chief AML compliance officer, where as appropriate, LMIS’ AML Officer no later than 25 days after Transfer Agent determines activity may necessitate prior to filing the filing of a SAR.
(8) Timely timely file SARs with FinCEN (through the BSA E-Filing System System, or other means if such system is not available) in accordance with applicable regulations, maintain the required records in compliance with 31 CFR § 1024.320 (formerly contained in 31 CFR § 103.15) or § 1023.320 for LMIS and, as permitted, Co-Transfer Agent shall submit a copy of the filed SAR with filing confirmation attached to the Fund’s or LMIS’ AML Officer within a reasonable time after 30 days of its filing.
(9) Certify to the Fund and/or LMIS no less frequently than annually, in a form that is mutually acceptable to the Fund, LMIS and Co-Transfer Agent, that Co-Transfer Agent has implemented the Fund’s and LMIS’ AML program, and that Co-Transfer Agent will perform the specific AML obligations of the Fund and LMIS set forth in this Agreement, consistent with the Act and the implementing regulations thereunder which are applicable to the Fund and LMIS.
(10) Set forth on a separate fee schedule compensation amounts due for CIP and other AML services pursuant to this Agreement.
(11) The Fund and LMIS agree that Co-Transfer Agent is not required to implement CIP procedures for the Fund except in compliance with the requirements of 31 CFR § 1024.220 (formerly contained in 31 CFR § 103.131) and § 1023.220 for LMIS and the terms of this Agreement.
(12) Notwithstanding any provision of this Agreement to the contrary, Co-Transfer Agent need not perform any of the steps in paragraphs (1)-(10) above (or any CIP measures) with respect to any Customer who becomes a Customer of a Fund (“Fund A”) via exchange from another fund (“Fund B”) in accordance with the Customer’s privilege to exchange shares of Fund B for Fund A, provided that the other Fund B is within the same family of funds as may be provided to Co-Transfer Agent from time to time.
(13) Co-Transfer Agent agrees to maintain any AML information and records obtained or created as agent of the Fund or LMIS in compliance with the confidentiality requirements of the Act and to limit access to and disclosure of such information and records consistent with the requirements of applicable law.
Appears in 2 contracts
Samples: Co Transfer Agency and Services Agreement (Legg Mason Partners Money Market Trust), Co Transfer Agency and Services Agreement (Legg Mason Partners Income Trust)
CIP Services. To enable the Fund and LMIS to comply with their CIP pursuant to regulations issued under Section 326 of the Act, Transfer Agent shall perform the following functions:
(1) Implement procedures under which new accounts in the Fund are not established unless Transfer Agent has first obtained the name, date of birth (for natural persons only), address, and government-issued identification number as described in 31 CFR § 1024.220 for the Fund or § 1023.220 for LMIS (collectively, the “Data Elements”) from each corresponding Customer (as defined therein).
(2) Use collected Data Elements to attempt to reasonably verify the identity of each new Customer promptly before or within a reasonable time (generally not in excess of thirty days) after each corresponding new account is opened. In compliance with CIP regulations, methods shall consist of non-documentary methods (for which Transfer Agent may use unaffiliated information vendors to assist with such verifications, providing that (i) Transfer Agent’s contract with such vendor requires the vendor to keep and maintain the confidentiality of any information provided by or obtained about a Customer and (ii) Transfer Agent has and continues to form a reasonable belief that such vendors will maintain the confidentiality of any information so described in (i)) or documentary methods, both of which Transfer Agent believes will meet the minimum requirements to comply with 31 CFR § 1024.220 or 1023.220 for LMIS, and may include procedures under which Transfer Agent personnel conduct additional research to attempt to reasonably verify the identity of Customers who were not verified by Transfer Agent’s initial attempt.
(3) Determine whether the Customer’s name appears on any list of known or suspected terrorists or terrorist organizations issued by any federal government agency and designated as such by the Department of Treasury in consultation with the federal functional regulators.
(4) Record the Data Elements in an electronic repository (or other manner that satisfies the applicable regulations and allows for reasonably easy and prompt retrieval of the Data Elements) designed for this purpose and maintain records relating to verification of new Customers consistent with the applicable CIP regulations at 31 CFR Part X.
(5) Report regularly to the Fund’s AML Officer about measures taken, results obtained and Customers for which identities cannot be verified under paragraphs (1)-(4) above.
(6) Notify prospective Customers, consistent with 31 CFR § 1024.220(a)(5), about the Fund’s CIP or § 1023.220(a)(5) for LMIS; if Transfer Agent provides services by which prospective Customers may subscribe for shares in the Fund via the Internet, by telephone, or by application that is mailed to Transfer Agent, Transfer Agent shall work with the Fund and LMIS to notify prospective Customers about the Fund’s or LMIS CIP.
(7) Transfer Agent shall notify the Fund and, where appropriate, LMIS’ AML Officer no later than 25 days after Transfer Agent determines activity may necessitate the filing of a SAR.
(8) Timely file SARs with FinCEN through the BSA E-Filing System in accordance with applicable regulations, maintain the required records in compliance with 31 CFR § 1024.320 or § 1023.320 for LMIS and, as permitted, Transfer Agent shall submit a copy of the filed SAR with filing confirmation attached to the Fund’s or LMIS’ AML Officer within a reasonable time after its filing.
(9) Certify to the Fund and/or LMIS no less frequently than annually, in a form that is mutually acceptable to the Fund, LMIS and Transfer Agent, that Transfer Agent has implemented the Fund’s and LMIS’ AML program, and that Transfer Agent will perform the specific AML obligations of the Fund and LMIS set forth in this Agreement, consistent with the Act and the implementing regulations thereunder which are applicable to the Fund and LMIS.
(10) Set forth on a separate fee schedule compensation amounts due for CIP and other AML services pursuant to this Agreement.
(11) The Fund and LMIS agree that Transfer Agent is not required to implement CIP procedures for the Fund except in compliance with the requirements of 31 CFR § 1024.220 and § 1023.220 for LMIS and the terms of this Agreement.
(12) Notwithstanding any provision of this Agreement to the contrary, Transfer Agent need not perform any of the steps in paragraphs (1)-(101 )-(10) above (or any CIP measures) with respect to any Customer who becomes a Customer of a Fund (“Fund A”) via exchange from another fund (“Fund B”) in accordance with the Customer’s privilege to exchange shares of Fund B for Fund A, provided that the other Fund B is within the same family of funds as may be provided to Transfer Agent from time to time.
(13) Transfer Agent agrees to maintain any AML information and records obtained or created as agent of the Fund or LMIS in compliance with the confidentiality requirements of the Act and to limit access to and disclosure of such information and records consistent with the requirements of applicable law.
Appears in 1 contract
Samples: Transfer Agency and Services Agreement (Legg Mason Partners Variable Equity Trust)
CIP Services. To enable the So that each Fund and LMIS to will comply with their CIP its Customer Identification Program (“CIP”) pursuant to regulations issued under Section 326 of the Act), Transfer Agent shall perform the following functions:
(1) Implement procedures under which new accounts in the Fund are not established unless Transfer Agent has first obtained the name, date of birth (for natural persons only), address, physical address and government-issued identification number as described in 31 CFR § 1024.220 for the Fund or § 1023.220 for LMIS (collectively, the “Data Elements”) from for each corresponding Customer (as defined thereinin 31 CFR 103.131).
(2) Use collected Data Elements to attempt to reasonably verify the identity of each new Customer promptly before or within a reasonable time (generally not in excess of thirty days) after each corresponding new account is opened. In compliance with CIP Customer Identification Program regulations, methods shall consist of non-documentary methods (for which Transfer Agent may use unaffiliated information vendors to assist with such verifications, providing that (i) Transfer Agent’s the contract with such vendor under which the Transfer Agent conducts non-documentary methods requires the vendor to keep and maintain the confidentiality of any information provided by or obtained about a Customer and (ii) Transfer Agent has and continues to form a reasonable belief that such vendors will maintain the confidentiality of any information so described in (i)) or and documentary methods, methods (both of which Transfer Agent believes will meet the minimum requirements to comply with 31 CFR § 1024.220 103.131(b)(2) or 1023.220 for LMISany amendment thereof), and may include procedures under which Transfer Agent personnel conduct additional research to attempt to reasonably verify the identity of Customers who were not verified by Transfer Agent’s initial attempt.
(3) Determine whether the Customer’s name appears on any list relevant lists of known or suspected terrorists or terrorist organizations issued by any applicable federal government agency agencies and designated as such by the Department of Treasury in consultation with the federal functional regulators.
(4) Record the Data Elements in an electronic repository (or other manner that satisfies the applicable regulations regulation and allows for reasonably easy and prompt retrieval of the Data Elements) designed for this purpose and maintain records relating to verification of new Customers consistent with the applicable CIP regulations at 31 CFR Part X.103.131(b)(3).
(5) Report regularly to the Fund’s AML Officer Fund about measures taken, results obtained and Customers for which identities cannot be verified under paragraphs (1)-(4) above.
(6) Notify prospective Customers, consistent with 31 CFR § 1024.220(a)(5), about the Fund’s CIP or § 1023.220(a)(5) for LMIS; if If Transfer Agent provides services by which prospective Customers may subscribe for shares in the Fund via the Internet, by telephone, telephone or by application that is mailed to Transfer Agent, Transfer Agent shall work with the Fund and LMIS to notify prospective Customers Customers, consistent with 31 CFR 103.131(b)(5), about the Fund’s or LMIS CIP.
(7) Transfer Agent shall notify the Fund and, where appropriate, LMIS’ AML Officer no later than 25 days after Transfer Agent determines activity may necessitate the filing of a SAR.
(8) Timely file SARs with FinCEN through the BSA E-Filing System in accordance with applicable regulationssuspicious activity reports (“SARs”), maintain the required records in compliance with 31 CFR § 1024.320 or § 1023.320 for LMIS and, as permitted, Transfer Agent shall 103.15 and submit a copy of the filed SAR with filing confirmation attached to the Fund’s or LMIS’ AML Officer Fund within a reasonable time after 30 days of its filing.
(9) Certify to 8) Consistent with CIP regulations and the Fund and/or LMIS no less frequently than annuallyAugust 11, in a form that is mutually acceptable to 2003 Guidance from the Fund, LMIS and Transfer Agent, that Transfer Agent has implemented the Fund’s and LMIS’ AML program, and that Transfer Agent will perform the specific AML obligations Staffs of the Fund and LMIS set forth in this Agreement, consistent with Department of the Act Treasury and the implementing regulations thereunder which are applicable to U.S. Securities and Exchange Commission (the Fund and LMIS.
(10) Set forth on a separate fee schedule compensation amounts due for CIP and other AML services pursuant to this Agreement.
(“August 11) The Fund and LMIS agree that , 2003 Guidance”), the Transfer Agent is not required to implement CIP procedures verify the identity of the customers of a broker-dealer or other financial intermediary that purchases shares of a Fund by opening an account for the Fund except in compliance with intermediary through the requirements of 31 CFR § 1024.220 and § 1023.220 for LMIS and Fund/SERV system operated by the terms of this AgreementNational Securities Clearing Corporation.
(129) Notwithstanding any provision of this Agreement to Consistent with CIP regulations and the contraryAugust 11, 2003 Guidance, the Transfer Agent need is not perform any of required to verify the steps in paragraphs (1)-(10) above (or any CIP measures) with respect to any Customer who becomes a Customer identity of a customer having an existing account with a Fund (“when such customer purchases shares from, or exchanges shares with, a Fund A”) via with which the customer has exchange from another fund (“privileges and such Fund B”) in accordance with the Customer’s privilege to exchange shares of is advised by Xxxx Xxxxx Partners Fund B for Fund AAdvisor, provided LLC or an affiliate, Provided however, that the other Fund B is within has furnished the same family of funds as may be provided to Transfer Agent from time to time.
(13) Transfer Agent agrees to maintain any AML information and records obtained or created as agent of the Fund or LMIS in compliance with the confidentiality requirements of the Act and to limit access to and disclosure a list of such information and records consistent with the requirements of applicable lawFunds.
Appears in 1 contract
Samples: Transfer Agency and Services Agreement (Consulting Group Capital Markets Funds)
CIP Services. To enable the Fund and LMIS to comply with their its CIP pursuant to regulations issued under Section 326 of the Act, Transfer Agent shall perform the following functions:
(1) Implement procedures under which new accounts in the Fund are not established unless Transfer Agent has first obtained the name, date of birth (for natural persons only), address, and government-issued identification number as described in 31 CFR § 1024.220 for the Fund or § 1023.220 for LMIS §103.131(b)(2)(i)(A)(4) (collectively, the “Data Elements”) from each corresponding Customer (as defined thereinin 31 CFR §103.131).
(2) Use collected Data Elements to attempt to reasonably verify the identity of each new Customer promptly before or within a reasonable time (generally not in excess of thirty days) after each corresponding new account is opened. In compliance with CIP regulations, methods shall consist of non-documentary methods (for which Transfer Agent may use unaffiliated information vendors to assist with such verifications, providing that (i) Transfer Agent’s contract with such vendor requires the vendor to keep and maintain the confidentiality of any information provided by or obtained about a Customer and (ii) Transfer Agent has and continues to form a reasonable belief that such vendors will maintain the confidentiality of any information so described in (i)) or documentary methods, both of which Transfer Agent believes will meet the minimum requirements to comply with 31 CFR § 1024.220 or 1023.220 for LMIS§103.131, and may include procedures under which Transfer Agent personnel conduct additional research to attempt to reasonably verify the identity of Customers who were not verified by Transfer Agent’s initial attempt.
(3) Determine whether the Customer’s name appears on any list of known or suspected terrorists or terrorist organizations issued by any federal government agency and designated as such by the Department of Treasury in consultation with the federal functional regulators.
(4) Record the Data Elements in an electronic repository (or other manner that satisfies the applicable regulations and allows for reasonably easy and prompt retrieval of the Data Elements) designed for this purpose and maintain records relating to verification of new Customers consistent with the applicable CIP regulations at 31 CFR Part X.§103.131(b)(3).
(5) Report regularly to the Fund’s AML Officer about measures taken, results obtained and Customers for which identities cannot be verified under paragraphs (1)-(4) above.
(6) Notify prospective Customers, consistent with 31 CFR § 1024.220(a)(5§103.131(b)(5), about the Fund’s CIP or § 1023.220(a)(5) for LMISCIP; if Transfer Agent provides services by which prospective Customers may subscribe for shares in the Fund via the Internet, by telephone, or by application that is mailed to Transfer Agent, Transfer Agent shall work with the Fund and LMIS to notify prospective Customers about the Fund’s or LMIS CIP.
(7) Transfer Agent shall notify the Fund and, where appropriate, LMIS’ AML Officer no Not later than 25 15 days after Transfer Agent reasonably determines that Customer transactions or activity may necessitate are suspicious, report such information to the Fund's AML Officer prior to filing of a the SAR.
(8) Timely file SARs with FinCEN through the BSA E-Filing System in accordance with applicable regulationsU.S. Treasury Department, maintain the required records in compliance with 31 CFR § 1024.320 or § 1023.320 for LMIS 103.15 and, as permitted, Transfer Agent shall submit a copy of the filed SAR with filing confirmation attached to the Fund’s or LMIS’ 's AML Officer within a reasonable time after 30 days of its filing.
(9) Certify to the Fund and/or LMIS no less frequently than annually, in a form that is mutually acceptable to the Fund, LMIS Fund and Transfer Agent, that Transfer Agent has implemented the Fund’s and LMIS’ AML program, and that Transfer Agent will perform the specific AML obligations of the Fund and LMIS set forth in this Agreement, consistent with the Act and the implementing regulations thereunder which are applicable to the Fund and LMISFund.
(10) Set forth on a separate fee schedule compensation amounts due for CIP and other AML services pursuant to this Agreement.
(11) The Fund and LMIS agree agrees that Transfer Agent is not required to implement CIP procedures for the Fund except in compliance with the requirements of 31 CFR § 1024.220 and § 1023.220 for LMIS §103.131 and the terms of this Agreement.
(12) Notwithstanding any provision of this Agreement to the contrary, Transfer Agent need not perform any of the steps in paragraphs (1)-(10) above (or any CIP measures) with respect to any Customer who becomes a Customer of a Fund (“Fund A”) via exchange from another fund (“Fund B”) in accordance with the Customer’s privilege to exchange shares of Fund B for Fund A, provided that the other Fund B is within the same family of funds as may be provided to Transfer Agent from time to time.
(13) Transfer Agent agrees to maintain any AML information and records obtained or created as agent of the Fund or LMIS in compliance with the confidentiality requirements of the Act and to limit access to and disclosure of such information and records consistent with the requirements of applicable law.
Appears in 1 contract
Samples: Transfer Agency and Services Agreement (Legg Mason Partners Equity Trust)