Delegate A “delegate” refers to a person who has been explicitly designated to the position of Vice President, ▇▇▇▇ or Director by a Vice President, ▇▇▇▇ or Director as appropriate. This person shall not be a member of the Association.
Delegates 21.1 You acknowledge and agree that we may, in the conduct of our functions, instead of acting ourselves, delegate to or appoint any service provider, agent, sub-agent, contractor, sub- contractor, Broker, dealer, custodian, nominee or other third parties, whether in Singapore or otherwise, (and such persons shall each be referred to in this Agreement as our “Delegate”, where the context permits) to carry out, execute or clear any Transaction, hold, custodise or deal with the assets, or provide ongoing maintenance and support services for the operation of the Platform or such other Services or business as may be required by us.
21.2 You acknowledge and agree that we may delegate to such Delegates all or any of the power, authority or discretion vested in us and any such delegation may be made upon such terms and conditions and subject to such regulations (including the power to sub-delegate) and we may provide information about you and the Account to any such Delegate as we may think fit, provided always that we shall have exercised reasonable care in the selection of such Delegate, we shall not be bound to supervise the actions of and shall not in any way or to any extent be responsible for any loss incurred by you for any failure, neglect, default or breach by any such Delegate.
21.3 You agree that our employees, officers, or Delegates shall not have any authority to bind us to any obligations or liabilities as otherwise expressly provided in this Agreement.
UNION DELEGATE FACILITIES 45.1 The Employer shall provide an agreed facility for the use of the Union Delegate to perform their duties and functions as the on-site representative of the Employees. The provision of the following facilities is to ensure that the Union Delegate is able to effectively perform their functions in a professional and timely manner. The facilities shall include:
(a) a telephone
(b) an iPad equipped with mobile Internet access
(c) a table and chairs
(d) a filing cabinet
(e) air-conditioning/heating
(f) access to stationery and other administrative facilities, including use of facsimile, use of e- mail, (if available on site), following consultation between the Union Delegate and Site Management
(g) a private lockable area.
Union Delegate Rights 51.1 To the extent that the provisions of clause 36A of the Award may confer a more favourable benefit upon a workplace delegate than the explicit terms of this clause, those provisions will operate as terms of this clause.
51.2 Where an Employee has been elected as a Union Delegate, the Employer will recognise the following rights:
(a) the right to be treated fairly and to perform their role without any discrimination in their employment;
(b) for the Union Delegate to represent an Employee when requested in relation to a grievance, dispute or a discussion with a member of the Union;
(c) the right to place information on a notice board in a prominent location in the workplace except that the material must not breach freedom of association, privacy and other applicable laws;
(d) the right to paid time to attend industrial tribunals and/or courts where they have been requested to do so by an Employee (which may include themselves) whom they represent in a particular dispute in their workplace;
(e) the right to paid time to assist and represent Employees who have requested them to represent them in respect of a dispute arising in their workplace;
(f) the right to represent the interests of members in their workplace to the Union, Employer and industrial tribunals/courts; and
(g) the right to paid time to attend Union meetings for the purposes of the Union and Project related matters, typically monthly or as reasonably required.
51.3 Union Delegates will be paid the classification rate applicable to their substantive role taking into consideration their skills and/or tickets.
51.4 The Employer will consult and agree with the Union prior to the Employer making a decision to terminate or transfer a Union Delegate/Employee Representative.The Union Delegate/Employee Representative is entitled to one week’s notice in advance of such termination or transfer. Payment in lieu of notice may be made by agreement.
Delegated Duties 4.1 Consistent with the services provided by CFS and with respect to the applicable shareholder information maintained by CFS, CFS shall:
i. Submit all new account and registration maintenance transactions through the Office of Foreign Assets Control (“OFAC”) database and such other lists or databases of trade restricted individuals or entities as may be required from time to time by applicable regulatory authorities;
ii. Submit special payee checks through OFAC database;
iii. Review redemption transactions that occur within thirty (30) days of account establishment or maintenance;
iv. Review wires sent pursuant to instructions other than those already on file with CFS;
v. Review accounts with small balances followed by large purchases;
vi. Review accounts with frequent activity within a specified date range followed by a large redemption;
vii. On a daily basis, review purchase and redemption activity per tax identification number (“TIN”) within each Fund to determine if activity for that TIN exceeded the $100,000 threshold on any given day;
viii. Compare all new accounts and registration maintenance through the Known Offenders database and notify the Trust of any match.
ix. Monitor and track cash equivalents under $10,000 for a rolling twelve-month period and file any required reports with the IRS and issue the Shareholder notices required by the IRS;
x. Determine when a suspicious activity report (“SAR”) should be filed as required by regulations applicable to mutual funds and prepare and file the SAR. Provide the Trust with a copy of the SAR within a reasonable time after filing; notify the Trust if any further communication is received from U.S. Department of the Treasury or other law enforcement agencies regarding the SAR;
xi. Compare account information to any FinCEN request received by the Trust and provided to CFS pursuant to USA PATRIOT Act Sec. 314(a). Provide the Trust with documents/information necessary to respond to requests under USA PATRIOT Act Sec. 314(a) within required time frames;
(i) Verify the identity of any person seeking to open an account with each Fund, (ii) maintain records of the information used to verify the person’s identity in accordance with applicable regulations, (iii) determine whether the person appears on any lists of known or suspected terrorists or terrorist organizations provided to the Trust by any government agency, and (iv) perform enhanced due diligence with respect to any investor that CFS has reason to believe presents high risk factors with regard to money laundering or terrorist financing, prior to accepting an investment from such investor; and
(i) Monitor for any suspected money laundering activity with respect to correspondent accounts for foreign financial institutions and private banking accounts and report any such conduct required by applicable regulations, and (ii) conduct due diligence on private banking accounts in the event that one or more Funds changes its line of business in a manner that would involve the establishment or maintenance of such accounts.
4.2 In the event that CFS detects activity as a result of the foregoing procedures, CFS shall timely file any required reports, promptly notify appropriate government agencies and also immediately notify the Fund, unless prohibited by applicable law.
