Compliance Services. (a) If Schedule I contains a requirement for the BNY to provide the Fund with compliance services, such services shall be provided pursuant to the terms of this Section 6 (the “Compliance Services”). The precise compliance review and testing services to be provided shall be as mutually agreed between the BNY and each Fund, and the results of the BNY’s Compliance Services shall be detailed in a compliance summary report (the “Compliance Summary Report”) prepared on a periodic basis as mutually agreed. Each Compliance Summary Report shall be subject to review and approval by the Fund. The BNY shall have no responsibility or obligation to provide Compliance Services other that those services specifically listed in Schedule I.
(b) The Fund will examine each Compliance Summary Report delivered to it by the BNY and notify the BNY of any error, omission or discrepancy within ten (10) days of its receipt. The Fund agrees to notify the BNY promptly if it fails to receive any such Compliance Summary Report. The Fund further acknowledges that unless it notifies the BNY of any error, omission or discrepancy within 10 days, such Compliance Summary Report shall be deemed to be correct and conclusive in all respects. In addition, if the Fund learns of any out-of-compliance condition before receiving a Compliance Summary Report reflecting such condition, the Fund will notify the BNY of such condition within one business day after discovery thereof.
(c) While the BNY will endeavor to identify out-of-compliance conditions, the BNY does not and could not for the fees charged, make any guarantees, representations or warranties with respect to its ability to identify all such conditions. In the event of any errors or omissions in the performance of Compliance Services, the Fund’s sole and exclusive remedy and the BNY’s sole liability shall be limited to re-performance by the BNY of the Compliance Services affected and in connection therewith the correction of any error or omission, if practicable and the preparation of a corrected report, at no cost to the Fund.
Compliance Services. (a) The Trust and MFund, through the designated Chief Compliance Officer described in Section 2 hereof, mutually agree to coordinate and cooperate in connection with the implementation and ongoing maintenance of written compliance policies and procedures which, in the aggregate, shall be deemed by the Board of Trustees of the Trust (the “Board”) to be reasonably designed to prevent the Trust from violating the provisions of the Federal securities laws applicable to the Trust (the “Applicable Securities Laws”), as required under Rule 38a-1 under the 1940 Act (the “Fund Compliance Program”).
(b) The Trust agrees to provide MFund with copies of any current compliance policies and procedures and furnish (and cause its investment advisers and other service providers covered by Rule 38a-1 to furnish all such additional information as may reasonably relate to the Fund Compliance Program. Such additional information shall include compliance and related information pertaining to the investment adviser and any other service providers to the Trust covered by Rule 38a-1 other than MFund. MFund shall review and evaluate all such existing information and , through the designated Chief Compliance Officer, coordinate the oversight of the compliance programs of the service providers to the Trust provided for in Rule 38a-1 (“Service Providers”).
(c) MFund will provide the following services in relation to the Fund Compliance Program during the term of this Agreement: (i) make available an individual acceptable to the Board to serve as the Trust’s Chief Compliance Officer and, to the extent provided in Section 2(a) below; (ii) support the Chief Compliance Officer , as needed, in his or her reviewing and implementing the written policies and procedures comprising the Fund Compliance Program, as contemplated above and as may be necessary in connection with amendments from time to time; (iii) support the Chief Compliance Officer, as needed, in his or her preparation, condutcting and evaluation of the results of annual reviews of the compliance policies and procedures of the Fund and the Fund’s Service Providers (iv) support the Chief Compliance Officer, as needed, in the creation of reasonable standards for reporting to the Board by the Service Providers; (vi) support the Chief Compliance Officer, as needed, with the development of standards for reports to the Board by the Chief Compliance Officer; (vii) support the Chief Compliance Officer, as needed, in the administration of ...
Compliance Services. Assist the Funds in responding to routine and non-routine regulatory inquiries, examinations and investigations
Compliance Services. The Compliance Department is responsible for preparing compliance manuals, conducting seminars for Fund accounting and advisory personnel and performing on-going testing of the Fund's portfolio to assist the Fund's investment adviser in complying with prospectus guidelines and limitations, 1940 Act requirements and Internal Revenue Code requirements. The Department may also act as liaison to the SEC during its routine examinations of the Fund.
Compliance Services. The on-site portion will consist primarily of reviewing the policies and procedures identified in Phase I above as well as interviews of the relevant personnel throughout the different business lines of the Trust. Visits to Service Providers of the Trust will include:
1. On-site visit to each Fund’s administrator, fund accountant and transfer agent.
2. On-site visit to each Fund’s principal underwriter.
3. On-site visit to each Fund’s investment adviser. For clarity, the investment adviser is responsible for on-site visits to each Fund’s sub-adviser(s), if applicable.
4. On-site visits to each Fund’s administrator’s systems and data providers, as applicable.
5. Visits to each of the foregoing Service Providers will include consultation with the chief compliance officer of the respective Service Provider.
Compliance Services provide the Trusts' Chief Compliance Officer and other necessary staff to administer the Trusts' Compliance Program required by Rule 38a-1 under the Investment Company Act of 1940; Legal Consulting and Planning Services
Compliance Services. (a) The parties mutually agree to coordinate and cooperate in connection with the ongoing maintenance of written compliance policies and procedures which, in the aggregate, shall be deemed by the Board of Trustees of the Client (the “Board”) to be reasonably designed to prevent the Client from violating the provisions of the Federal securities laws applicable to the Client (the “Applicable Securities Laws”), as required under Rule 38a-1 under the 1940 Act (the “Fund Compliance Program”).
(b) The Client agrees to provide Citi with copies of its current compliance policies and procedures and furnish (and cause its investment advisers and other service providers to furnish) all such additional information as may reasonably relate to the Fund Compliance Program. Such additional information shall include compliance and related information pertaining to the investment adviser and any other service providers to the Client other than Citi. Citi shall maintain the creation of a written document or documents designed to embody the overall Fund Compliance Program and the oversight of the compliance programs of the service providers to the Client as provided in Rule 38a-1 (“38a-1 Service Providers”). Upon approval by the Board, the Funds’ compliance policies and procedures and the compliance policies and procedures of its 38a-1 Service Providers shall constitute the Fund Compliance Program. Citi will provide the following services in relation to the Fund
(i) Assist the Client with the maintenance of written compliance policies and procedures (the “Fund Compliance Program”) which, in the aggregate, shall be deemed by the Client’s Board to be reasonably designed to prevent the Client from violating the provisions of the Federal securities laws applicable to the Client (the “Applicable Securities Laws”), as required under Rule 38a-1 under the 1940 Act.
(ii) Assist the Client’s Chief Compliance Officer (the “CCO”) in the preparation and evaluation of the results of annual reviews of the compliance policies and procedures of the service providers to the Client as provided in Rule 38a-1 (“Service Providers”).
(iii) Provide support services to the CCO, including support for conducting an annual review of the Fund Compliance Program.
(iv) Assist the CCO in developing standards for reports to the Board by Service Provider and other service providers to the Client.
(v) Assist the CCO in developing standards for reports to the Board by the CCO.
(vi) Assist the CCO in preparing o...
Compliance Services. PFPC shall:
(i) acknowledge all inquiries and complaints on behalf of shareholders from regulatory agencies (NASD, SEC, state Attorneys General, etc.) within three (3) business days. Additionally, PFPC shall notify GEAM designated contact of complaint within one (1) business day.
(ii) acknowledge any letter, fax, or email from, or on behalf of, shareholders that meet the NASD’s definition of a complaint within three (3) business days. Additionally, PFPC shall notify GEAM designated contact of the shareholder complaint the same day.
(iii) answer inquires and complaints from regulatory agencies by the deadline noted in the cover letter or in accordance with the NASD or SEC regulations on complaint response time. Non-regulatory verbal and written complaints from or on behalf of shareholders must be handled in five (5) days or less.
(iv) handle non-regulatory verbal and written complaints from or on behalf of shareholders. If issues about the complaint are complex or sensitive, PFPC shall seek guidance from the relevant Funds’ Chief Compliance Officer or GEAM’s Chief Compliance Officer, as the case may be.
(v) ensure all appropriate privacy notices are provided to all GE Fund Product shareholders. GEAM shall provide templates for the notices for each GE Fund Product.
(vi) ensure appropriate background checks are conducted on all PFPC personnel. PFPC shall not use any personnel who has been convicted of, pled guilty to, or entered into a pretrial diversion program for any criminal offense involving dishonesty, breach of trust or money laundering, as those terms are defined by the Statement of Policy of the Federal Deposit Insurance Corporation. In the event PFPC uses contractors or other agents for such services, PFPC shall ensure the contractor or agent involved has complied with this requirement. The GE Fund Products retain the right to verify PFPC’s compliance with this requirement. PFPC shall work with GEAM and/or the GE Fund Products to ensure the GE Prohibited Persons Policy & Non Employee Integrity Training is properly rolled out.
(vii) track and implement all appropriate state and Federal laws and regulations prior to effective date of changes.
(viii) establish proactive approach to disseminating new information to GEAM and/or the GE Fund Products and implement new regulatory processes at early stages.
(ix) provide all relevant regulatory information to GEAM and/or the GE Fund Products on a real-time basis including, but not limited to, Compliance/Regul...
Compliance Services. Subject to the direction and control of the Trustees of the Trust, Integrated shall perform the compliance services for the Trust detailed in Exhibits A-B. Integrated shall perform such other services for the Trust and the Funds that are mutually agreed upon by the parties from time to time, for which the Trust will pay Integrated the amounts agreed upon between them.
Compliance Services. (a) Subject to the approval of the Board, Ultimus shall make available a qualified person to act as the CCO who is competent and knowledgeable regarding the federal securities laws. Ultimus’ responsibility for the activities of the CCO is limited to the extent that the Board shall make all decisions regarding the designation and termination of the CCO as provided by Rule 38a-1. The CCO shall:
(i) Report directly to the Board;
(ii) Review and administer the Fund’s compliance program policies and procedures;
(iii) Review at least annually the adequacy of the policies and procedures of the Fund and the effectiveness of their implementation;
(iv) Establish a quarterly reporting process to the Board on the administration and enforcement of the Fund’s compliance program and attend regularly scheduled board meetings as well as special meetings on an as-needed basis; and
(v) Prepare a written annual report for the Board that, at a minimum, addresses (1) the operation of the Fund since the last report to the Board; (2) any material changes to such policies and procedures since the last report; (3) any recommendations for material changes to the policies and procedures as a result of the periodic or annual reviews; and (4) any “Material Compliance Matters” (as defined in Rule 38a-1) since the date of the last report.
(b) Ultimus Shall:
(i) Work with Fund counsel and the Fund’s administrator to create and maintain investment company policies and procedures as required under Rule 38a-1 of the 1940 Act;
(ii) Review compliance procedures for service providers to the Trust for compliance with Rule 38a-1;
(iii) Assist the CCO in the preparation of the Annual Review of the Trust’s compliance procedures as well as those of each service provider and provide test results and recommendations to the CCO;
(iv) Conduct due diligence of the key service providers to the Trust and document test results and recommendations to the CCO;
(v) Maintain work papers and testing results as part of required books and records of the Fund;
(vi) Periodically monitor Fund portfolio purchases and holdings with respect to the investment objectives, restrictions and limitations stated in the Fund’s registration statement;
(vii) Periodically test that SEC filings are made and are maintained as part of the required books and records of the Fund;
(viii) Assist in the review of communications with the public not otherwise required by the Distributor;
(ix) Subject to the approval of the Board, make avail...
