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.
Appears in 22 contracts
Samples: Fund Services Agreement (World Funds Trust), Fund Services Agreement (Kingsbarn Parallel Income Fund), Fund Services Agreement (World Funds Trust)
Delegated Duties. 4.1 Consistent with the services provided by CFS the Transfer Agent and with respect to the ownership of shares in the Fund for which the Transfer Agent maintains the applicable shareholder information maintained by CFSinformation, CFS the Transfer Agent shall:
i. (a) 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. (b) Submit special payee checks through OFAC database;
iii. (c) Review redemption transactions that occur within thirty (30) days of account establishment or maintenance;
iv. (d) Review wires sent pursuant to banking instructions other than those already on file with CFSthe Transfer Agent;
v. (e) Review accounts with small balances followed by large purchases;
vi. (f) Review accounts with frequent activity within a specified date range followed by a large redemption;
vii. (g) On a daily basis, review purchase and redemption activity per tax identification number (“"TIN”") within each the Fund to determine if activity for that TIN exceeded the $100,000 threshold on any given day;
viii. (h) Compare all new accounts and registration maintenance through the DST Known Offenders database and notify the Trust Fund of any match.;
ix. (i) Monitor and track cash equivalents under $10,000 for a rolling twelve-month period and file any required reports with the IRS Form 8300 and issue the Shareholder notices required by the IRS;
x. (j) Determine when a suspicious activity report (“"SAR”") should be filed as required by regulations applicable to mutual funds and funds; prepare and file the SAR. Provide the Trust Fund with a copy of the SAR within a reasonable time after filing; notify the Trust Fund if any further communication is received from U.S. Department of the Treasury or other law enforcement agencies regarding the SAR;
xi. (k) Compare account information to any FinCEN request received by the Trust Fund and provided to CFS the Transfer Agent pursuant to USA PATRIOT Act Sec. 314(a). Provide the Trust Fund with documents/information necessary to respond to requests under USA PATRIOT Act Sec. 314(a) within required time frames;; and
(i) Verify the identity of any person seeking to open an account with each the Fund, (ii) maintain Maintain records of the information used to verify the person’s 's identity in accordance with applicable regulations, and (iii) determine Determine whether the person appears on any lists of known or suspected terrorists or terrorist terrorists organizations provided to the Trust Fund 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 the Transfer Agent detects activity as a result of the foregoing procedures, CFS which necessitates the filing by the Transfer Agent of a SAR, a Form 8300 or other similar report or notice to OFAC, then the Transfer Agent shall timely file any required reports, promptly notify appropriate government agencies and also immediately notify the Fund, unless prohibited by applicable law. EACH OF THE ENTITIES, INDIVIDUALLY BOSTON FINANCIAL DATA SERVICES, AND NOT JOINTLY, AS LISTED ON INC. SCHEDULE A By: ___________________________________ By: _______________________________ Name: ________________________________ Name: ____________________________ Title: _________________________________ Title: _____________________________ As an Authorized Officer on behalf of each of the Funds indicated on Schedule A
1. On each day on which both the New York Stock Exchange and the Fund are open for business (a "Business Day"), the TPA(s) shall receive, on behalf of and as agent of the Fund, Instructions (as hereinafter defined) from the Plan. Instructions shall mean as to the Fund (i) orders by the Plan for the purchases of Shares, and (ii) requests by the Plan for the redemption of Shares; in each case based on the Plan's receipt of purchase orders and redemption requests by Participants in proper form by the time required by the term of the Plan, but not later than the time of day at which the net asset value of the Fund is calculated, as described from time to time in the Fund's prospectus. Each Business Day on which the TPA receives Instructions shall be a "Trade Date".
2. The TPA(s) shall communicate the TPA(s)'s acceptance of such Instructions, to the applicable Plan.
3. On the next succeeding Business Day following the Trade Date on which it accepted Instructions for the purchase and redemption of Shares, (TD+1), the TPA(s) shall notify the Transfer Agent of the net amount of such purchases or redemptions, as the case may be, for each of the Plans. In the case of net purchases by any Plan, the TPA(s) shall instruct the Trustees of such Plan to transmit the aggregate purchase price for Shares by wire transfer to the Transfer Agent on (TD+1). In the case of net redemptions by any Plan, the TPA(s) shall instruct the Fund's custodian to transmit the aggregate redemption proceeds for Shares by wire transfer to the Trustees of such Plan on (TD+1). The times at which such notification and transmission shall occur on (TD+1) shall be as mutually agreed upon by the Fund, the TPA(s), and the Transfer Agent.
4. The TPA(s) shall maintain separate records for each Plan, which record shall reflect Shares purchased and redeemed, including the date and price for all transactions, and Share balances. The TPA(s) shall maintain on behalf of each of the Plans a single master account with the Transfer Agent and such account shall be in the name of that Plan, the TPA(s), or the nominee of either thereof as the record owner of Shares owned by such Plan.
Appears in 6 contracts
Samples: Transfer Agency and Service Agreement (Selected International Fund, Inc), Transfer Agency and Service Agreement (Davis Variable Account Fund Inc), Transfer Agency and Service Agreement (Selected American Shares Inc)
Delegated Duties. 4.1 (1) Consistent with the services provided by CFS the Transfer Agent and with respect to the ownership of shares in a Fund for which the Transfer Agent maintains the applicable shareholder information maintained by CFSinformation, CFS the Transfer Agent shall:
i. Submit all (i) Compare Transfer Agent's database of Fund investor names and personal information against the OFAC SDN list; new account accounts and registration maintenance transactions through accounts changes are scanned daily by a Transfer Agent compliance specialist and the Office of Foreign Assets Control (“OFAC”) entire database and such other lists or databases of trade restricted individuals or entities as may be required from is scanned each time to time by applicable regulatory authoritiesthe OFAC list is updated;
(ii. Submit special ) Compare alternate payee checks through standing instructions against the OFAC databaseSDN list;
(iii. ) Review redemption transactions that occur within thirty (30) days of account establishment or maintenance;
(iv. ) Review wires sent pursuant to banking instructions other than those already on file with CFSthe Transfer Agent;
v. (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 the Funds 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 Form 8300 and issue the Shareholder notices required by the IRS;
x. (ix) Determine when a suspicious activity report (“"SAR”") should be filed as required by regulations applicable to mutual funds and funds; prepare and file the SAR. Provide the Trust Fund with a copy of the SAR within a reasonable time after filing; notify the Trust Fund if any further communication is received from U.S. Department of the Treasury or other law enforcement agencies regarding the SAR;
xi. (x) Compare account information to any FinCEN request received by the Trust Fund and provided to CFS the Transfer Agent pursuant to USA PATRIOT Act Sec. 314(a). Provide the Trust Fund with documents/information necessary to respond to requests under USA PATRIOT Act Sec. 314(a) within required time frames;; and
(xi) In accordance with procedures agreed upon by the parties (which may be amended from time to time by mutual agreement of the parties)
(i) Verify verify the identity of any person seeking to open an account with each the Fund, (ii) maintain records of the information used to verify the person’s 's identity in accordance with applicable regulations, and (iii) determine whether the person appears on any lists of known or suspected terrorists or terrorist terrorists organizations provided to the Trust Fund by any government agency, agency and (iv) perform enhanced due diligence designated as such by United States Department of the Treasury in consultation 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; andthe federal functional regulators.
(i2) 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 the Transfer Agent detects activity as a result of the foregoing procedures, CFS which necessitates the filing by the Transfer Agent of a SAR, a Form 8300 or other similar report or notice to OFAC, then the Transfer Agent shall timely file any required reports, also promptly notify appropriate government agencies and also immediately notify the Fund, unless prohibited by applicable law.
Appears in 5 contracts
Samples: Transfer Agency and Services Agreement (Smith Barney Municipal Money Market Fund Inc), Transfer Agency and Services Agreement (Legg Mason Partners California Municipals Fund, Inc), Transfer Agency and Services Agreement (Legg Mason Partners Oregon Municipals Fund)
Delegated Duties. 4.1 Consistent with the services provided by CFS the Transfer Agent and with respect to the ownership of Shares in the Fund for which the Transfer Agent maintains the applicable shareholder information maintained by CFSShareholder information, CFS the Transfer Agent shall:
i. (a) Submit all new account registrations and registration maintenance transactions changes through the Office of Foreign Assets Control (“OFAC”) database and such other lists or databases of trade restricted individuals as may be required from time to time by applicable regulatory authorities on a daily basis;
(b) Submit all account registrations through OFAC databases and such other lists or entities databases as may be required from time to time by applicable regulatory authorities;
ii. (c) Submit special payee checks information from checks, outgoing wires and systematic withdrawal files through the OFAC databasedatabase on a daily basis;
iii. (d) Review redemption transactions that occur within thirty (30) days of an account establishment or maintenanceregistration change or banking information change;
iv. (e) Review wires sent pursuant to banking instructions other than those already on file with CFSthe Transfer Agent;
v. (f) Review accounts with small balances followed by large purchases;
vi. (g) Review accounts with frequent activity within a specified date range followed by a large redemption;
vii. On a daily basis, review (h) Review purchase and redemption activity per tax identification number (“TIN”) within each the 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. (i) Monitor and track cash equivalents under $10,000 for a rolling twelve-month period and period; if the threshold is exceeded, file any required reports with the IRS Form 8300 and issue the Shareholder notices as required by the IRS;
x. (j) Determine when a suspicious activity report (“SAR”) should be filed as required by regulations applicable to mutual funds and funds; prepare and file the SAR. Provide ; provide the Trust Fund with a copy of the SAR within a reasonable time after filing; and notify the Trust Fund if any further communication is received from the U.S. Department of the Treasury or other law enforcement agencies regarding the SARsuch filing;
xi. (k) Compare account information to any FinCEN request received by the Trust Fund and provided to CFS the Transfer Agent pursuant to USA PATRIOT Act Sec. 314(a). Provide the Trust Fund with documents/the necessary information necessary for it to respond to requests under USA PATRIOT Act Sec. 314(a) such request within required time framesframe;
(i) Verify the identity of any person seeking to open an account with each the Fund, (ii) maintain Maintain records of the information used to verify the person’s identity in accordance with applicable regulationsidentity, as required, and (iii) determine Determine whether the person appears on any lists of known or suspected terrorists or terrorist organizations provided to the Trust Fund by any government agency;
(m) Conduct due diligence and if required, and (iv) perform enhanced due diligence in accordance 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
(i31 C.F.R. 103.176(b) Monitor for any suspected money laundering activity with respect to new and existing correspondent accounts for foreign financial institutions (as defined in 31 C.F.R. 103.175). The Transfer Agent will perform an assessment of the money laundering risk presented by the account based on a consideration of relevant factors in accordance with applicable law and private banking accounts and report any such conduct required information provided by applicable regulationsthe foreign financial institution in a financial institution questionnaire. If an account is determined to have a medium or above risk-ranking, and the Transfer Agent will monitor the account on a monthly basis for unusual activity. In the situation where due diligence cannot be completed with respect to an account, the Transfer Agent will contact the Fund’s AML Officer for further instruction.
(iin) Upon the request by the Fund, conduct due diligence on private banking accounts to determine if the Fund is involved with any foreign jurisdiction, institution, class of transactions and a type of account designated, from time to time, by the U.S. Department of Justice in order to identify and take certain “special measures” against such entities as required under Section 311 of the event that one or more Funds changes its line of business in a manner that would involve the establishment or maintenance of such accountsUSA PATRIOT Act (31 C.F.R. 103.193).
4.2 In the event that CFS the Transfer Agent detects activity as a result of the foregoing procedures, CFS which necessitates the filing by the Transfer Agent of a SAR, a Form 8300 or other similar report or notice to OFAC, then the Transfer Agent shall timely file any required reports, promptly notify appropriate government agencies and also immediately notify the Fund, unless prohibited by applicable law. General: Fees are billable on a monthly basis at the rate of 1/12 of the annual fee. A charge is made for an account in the month that an account opens or closes.
Appears in 5 contracts
Samples: Transfer Agency and Service Agreement (Alger Portfolios), Transfer Agency and Service Agreement (Alger China-Us Growth Fund), Transfer Agency and Service Agreement (Alger Institutional Funds)
Delegated Duties. 4.1 Consistent with the services provided by CFS the Transfer Agent and with respect to the ownership of Shares in each Fund for which the Transfer Agent maintains the applicable shareholder information maintained by CFSShareholder information, CFS the Transfer Agent shall:
i. (a) Submit all new account registrations and registration maintenance transactions changes through the Office of Foreign Assets Control (“OFAC”) database and such other lists or databases of trade restricted individuals as may be required from time to time by applicable regulatory authorities on a daily basis;
(b) Submit all account registrations through OFAC databases and such other lists or entities databases as may be required from time to time by applicable regulatory authorities;
ii. (c) Submit special payee checks information from checks, outgoing wires and systematic withdrawal files through the OFAC databasedatabase on a daily basis;
iii. (d) Review redemption transactions that occur within thirty (30) days of an account establishment or maintenanceregistration change or banking information change;
iv. (e) Review wires sent pursuant to banking instructions other than those already on file with CFSthe Transfer Agent;
v. (f) Review accounts with small balances followed by large purchases;
vi. (g) Review accounts with frequent activity within a specified date range followed by a large redemption;
vii. On a daily basis, review (h) Review purchase and redemption activity per tax identification number (“TIN”) within each the 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. (i) Monitor and track cash equivalents under $10,000 for a rolling twelve-month period and period; if the threshold is exceeded, file any required reports with the IRS Form 8300 and issue the Shareholder notices as required by the IRS;
x. (j) Determine when a suspicious activity report (“SAR”) should be filed as required by regulations applicable to mutual funds and funds; prepare and file the SAR. Provide ; provide the Trust Fund with a copy of the SAR within a reasonable time after filing; and notify the Trust Fund if any further communication is received from the U.S. Department of the Treasury or other law enforcement agencies regarding the SARsuch filing;
xi. (k) Compare account information to any FinCEN request received by the Trust Fund and provided to CFS the Transfer Agent pursuant to USA PATRIOT Act Sec. 314(a). Provide the Trust Fund with documents/the necessary information necessary for it to respond to requests under USA PATRIOT Act Sec. 314(a) such request within required time framesframe;
(i) Verify the identity of any person seeking to open an account with each the Fund, (ii) maintain Maintain records of the information used to verify the person’s identity in accordance with applicable regulationsidentity, (iii) determine whether the person appears on any lists of known or suspected terrorists or terrorist organizations provided to the Trust by any government agencyas required, 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.
Appears in 5 contracts
Samples: Transfer Agency and Service Agreement (Schwab Annuity Portfolios), Transfer Agency and Service Agreement (Charles Schwab Family of Funds), Transfer Agency and Service Agreement (Schwab Investments)
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. (a) 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. (b) Submit special payee checks through OFAC database;
iii. (c) Review redemption transactions that occur within thirty (30) days of account establishment or maintenance;
iv. (d) Review wires sent pursuant to instructions other than those already on file with CFS;
v. (e) Review accounts with small balances followed by large purchases;
vi. (f) Review accounts with frequent activity within a specified date range followed by a large redemption;
vii. (g) 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. (h) Compare all new accounts and registration maintenance through the Known Offenders database and notify the Trust of any match.
ix. (i) 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. (j) 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. (k) 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 '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.
Appears in 3 contracts
Samples: Transfer Agency and Services Agreement (World Funds Trust), Transfer Agency and Services Agreement (World Funds Trust), Transfer Agency and Services Agreement (World Funds Trust)
Delegated Duties. 4.1 Consistent with the services provided by CFS the Transfer Agent and with respect to the ownership of shares in the Fund for which the Transfer Agent maintains the applicable shareholder information maintained by CFSinformation, CFS the Transfer Agent shall:: Schedule 1.2(f) - 1
i. (a) 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. (b) Submit special payee checks through OFAC database;
iii. (c) Review redemption transactions that occur within thirty (30) days of account establishment or maintenance;
iv. (d) Review wires sent pursuant to banking instructions other than those already on file with CFSthe Transfer Agent;
v. (e) Review accounts with small balances followed by large purchases;
vi. (f) Review accounts with frequent activity within a specified date range followed by a large redemption;
vii. (g) On a daily basis, review purchase and redemption activity per tax identification number (“"TIN”") within each the Fund to determine if activity for that TIN exceeded the $100,000 threshold on any given day;
viii. (h) Compare all new accounts and registration maintenance through the DST Known Offenders database and notify the Trust Fund of any match.;
ix. (i) Monitor and track cash equivalents under $10,000 for a rolling twelve-month period and file any required reports with the IRS Form 8300 and issue the Shareholder notices required by the IRS;
x. (j) Determine when a suspicious activity report (“"SAR”") should be filed as required by regulations applicable to mutual funds and funds; prepare and file the SAR. Provide the Trust Fund with a copy of the SAR within a reasonable time after filing; notify the Trust Fund if any further communication is received from U.S. Department of the Treasury or other law enforcement agencies regarding the SAR;
xi. (k) Compare account information to any FinCEN request received by the Trust Fund and provided to CFS the Transfer Agent pursuant to USA PATRIOT Act Sec. 314(a). Provide the Trust Fund with documents/information necessary to respond to requests under USA PATRIOT Act Sec. 314(a) within required time frames;; and
(i) Verify the identity of any person seeking to open an account with each the Fund, (ii) maintain Maintain records of the information used to verify the person’s 's identity in accordance with applicable regulations, and (iii) determine Determine whether the person appears on any lists of known or suspected terrorists or terrorist terrorists organizations provided to the Trust Fund 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 the Transfer Agent detects activity as a result of the foregoing procedures, CFS which necessitates the filing by the Transfer Agent of a SAR, a Form 8300 or other similar report or notice to OFAC, then the Transfer Agent shall timely file any required reports, promptly notify appropriate government agencies and also immediately notify the Fund, unless prohibited by applicable law. Schedule 1.2(f) - 2 EACH OF THE ENTITIES, INDIVIDUALLY BOSTON FINANCIAL DATA SERVICES, INC. AND NOT JOINTLY, AS LISTED ON SCHEDULE A By: By: --------------------------------- ------------------------------------ Name: Name: ------------------------------- ---------------------------------- Title: Title: ------------------------------ --------------------------------- As an Authorized Officer on behalf of each of the Funds indicated on Schedule A Schedule 1.2(f) - 3 SCHEDULE 2.1 THIRD PARTY ADMINISTRATOR(S) PROCEDURES Dated ____________
1. On each day on which both the New York Stock Exchange and the Fund are open for business (a "Business Day"), the TPA(s) shall receive, on behalf of and as agent of the Fund, Instructions (as hereinafter defined) from the Plan. Instructions shall mean as to the Fund (i) orders by the Plan for the purchases of Shares, and (ii) requests by the Plan for the redemption of Shares; in each case based on the Plan's receipt of purchase orders and redemption requests by Participants in proper form by the time required by the term of the Plan, but not later than the time of day at which the net asset value of the Fund is calculated, as described from time to time in the Fund's prospectus. Each Business Day on which the TPA receives Instructions shall be a "Trade Date".
2. The TPA(s) shall communicate the TPA(s)'s acceptance of such Instructions, to the applicable Plan.
3. On the next succeeding Business Day following the Trade Date on which it accepted Instructions for the purchase and redemption of Shares, (TD+1), the TPA(s) shall notify the Transfer Agent of the net amount of such purchases or redemptions, as the case may be, for each of the Plans. In the case of net purchases by any Plan, the TPA(s) shall instruct the Trustees of such Plan to transmit the aggregate purchase price for Shares by wire transfer to the Transfer Agent on (TD+1). In the case of net redemptions by any Plan, the TPA(s) shall instruct the Fund's custodian to transmit the aggregate redemption proceeds for Shares by wire transfer to the Trustees of such Plan on (TD+1). The times at which such notification and transmission shall occur on (TD+1) shall be as mutually agreed upon by the Fund, the TPA(s), and the Transfer Agent.
4. The TPA(s) shall maintain separate records for each Plan, which record shall reflect Shares purchased and redeemed, including the date and price for all transactions, and Share balances. The TPA(s) shall maintain on behalf of each of the Plans a single master account with the Transfer Agent and such account shall be in the name of that Plan, the TPA(s), or the nominee of either thereof as the record owner of Shares owned by such Plan.
Appears in 3 contracts
Samples: Transfer Agency and Service Agreement (Davis Series Inc), Transfer Agency and Service Agreement (Selected Capital Preservation Trust), Transfer Agency and Service Agreement (Davis Series Inc)
Delegated Duties. 4.1 Consistent with the services provided by CFS the Transfer Agent and with respect to the ownership of Shares in the Fund for which the Transfer Agent maintains the applicable shareholder information maintained by CFSShareholder information, CFS the Transfer Agent shall:
i. (a) Submit all new account registrations and registration maintenance transactions changes through the Office of Foreign Assets Control (“OFAC”) database and such other lists or databases of trade restricted individuals as may be required from time to time by applicable regulatory authorities on a daily basis;
(b) Submit all account registrations through OFAC databases and such other lists or entities databases as may be required from time to time by applicable regulatory authorities, freeze any account subject to a positive OFAC match, determine when an initial or periodic OFAC report should be filed as required by regulations, prepare and file applicable OFAC reports on behalf of the Fund, provide the Fund with a copy of the OFAC report within a reasonable time after the filing and notify the Fund if any further communication is received from the U.S. Department of Treasury or others regarding such filing;
ii. (c) Submit special payee checks information from checks, outgoing wires and systematic withdrawal files through the OFAC databasedatabase on a daily basis;
iii. (d) Review redemption transactions that occur within thirty (30) days of an account establishment or maintenanceregistration change or banking information change;
iv. (e) Review wires sent pursuant to banking instructions other than those already on file with CFSthe Transfer Agent;
v. (f) Review accounts with small balances followed by large purchases;
vi. (g) Review accounts with frequent activity within a specified date range followed by a large redemption;
vii. On a daily basis, review (h) Review purchase and redemption activity per tax identification number (“TIN”) within each the 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. (i) Monitor and track cash equivalents under $10,000 for a rolling twelve-month period and period; if the threshold is exceeded, file any required reports IRS Form 8300 (with a copy to the IRS Fund) and issue the Shareholder notices (with copies to the Fund) as required by the IRSIRS and notify the Fund if any further communication is received from the IRS or others regarding the filing;
x. (j) Determine when a suspicious activity report (“SAR”) should be filed as required by regulations applicable to mutual funds and funds; prepare and file the SAR. Provide ; provide the Trust Fund with a copy of the SAR within a reasonable time after filing; and notify the Trust Fund if any further communication is received from the U.S. Department of the Treasury or other law enforcement agencies regarding the SARsuch filing;
xi. (k) 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 Fund with documents/the necessary information necessary for it to respond to requests under such request within required time frame and;
(l) (i) Open shareholder accounts pursuant to USA PATRIOT Patriot Act Sec. 314(a) within required time frames;
326; (iii) Verify the identity of any person seeking to open an account with each the Fund, ; (iiiii) maintain Maintain records of the information used to verify the person’s identity in accordance with applicable regulationsidentity, as required, and (iiiiv) determine Determine whether the person appears on any lists of known or suspected terrorists or terrorist organizations provided to the Trust Fund by any government agency;
(m) Notify the Fund’s AML officer of any prospective foreign account prior to opening and conduct due diligence and if required, and (iv) perform enhanced due diligence in accordance 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
(i31 C.F.R. 103.176(b) Monitor for any suspected money laundering activity with respect to new and existing correspondent accounts for foreign financial institutions (as defined in 31 C.F.R. 103.175). The Transfer Agent will perform an assessment of the money laundering risk presented by the account based on a consideration of relevant factors in accordance with applicable law and private banking accounts information provided by the foreign financial institution in a financial institution questionnaire. If an account is determined to have a medium or above risk-ranking, the Transfer Agent will notify the Fund and report any such conduct required will either monitor the account on a monthly basis for unusual activity or restrict said account per instruction from the Fund’s AML officer. In the situation where due diligence cannot be completed with respect to an account, the Transfer Agent will contact the Fund’s AML Officer for further instruction.
(n) Upon the request by applicable regulationsthe Fund, and (ii) conduct due diligence on private banking accounts to determine if the Fund is involved with any foreign jurisdiction, institution, class of transactions and a type of account designated, from time to time, by the U.S. Department of Justice in order to identify and take certain “special measures” against such entities as required under Section 311 of the event that one or more Funds changes its line of business in a manner that would involve the establishment or maintenance of such accountsUSA PATRIOT Act (31 C.F.R. 103.193).
4.2 In the event that CFS the Transfer Agent detects activity as a result of the foregoing procedures, CFS which necessitates the filing by the Transfer Agent of a SAR, a Form 8300 or other similar report or notice to OFAC, then the Transfer Agent shall timely file any required reports, promptly notify appropriate government agencies and also immediately notify the Fund, unless prohibited by applicable law.
Appears in 2 contracts
Samples: Transfer Agency and Service Agreement (Nomura Partners Funds, Inc.), Transfer Agency and Service Agreement (Nomura Partners Funds, Inc.)
Delegated Duties. 4.1 Consistent with the services provided by CFS the Transfer Agent and with respect to the ownership of Shares in each Portfolio for which the Transfer Agent maintains the applicable shareholder information maintained by CFSShareholder information, CFS the Transfer Agent shall:
i. (a) Submit all new account registrations and registration maintenance transactions changes through the Office of Foreign Assets Control (“OFAC”) database and such other lists or databases of trade restricted individuals as may be required from time to time by applicable regulatory authorities on a daily basis;
(b) Submit all account registrations through OFAC databases and such other lists or entities databases as may be required from time to time by applicable regulatory authorities;
ii. (c) Submit special payee checks information from checks, outgoing wires and systematic withdrawal files through the OFAC databasedatabase on a daily basis;
iii. (d) Review redemption transactions that occur within thirty (30) days of an account establishment or maintenanceregistration change or banking information change;
iv. (e) Review wires sent pursuant to banking instructions other than those already on file with CFSthe Transfer Agent;
v. (f) Review accounts with small balances followed by large purchases;
vi. (g) Review accounts with frequent activity within a specified date range followed by a large redemption;
vii. On a daily basis, review (h) Review purchase and redemption activity per tax identification number (“TIN”) within each the Fund to determine if activity for that TIN exceeded the $100,000 threshold on any given day;
viii. (i) Compare all new accounts and registration maintenance through the Transfer Agent’s “Known Offenders Offenders” database and notify the Trust Fund of any match.;
ix. (j) Monitor and track cash equivalents under $10,000 for a rolling twelve-month period and period; if the threshold is exceeded file any required reports with the IRS Form 8300 and issue the Shareholder notices as required by the IRS;
x. (k) Determine when a suspicious activity report (“SAR”) should be filed as required by regulations applicable to mutual funds funds; notify the Fund immediately upon determination to file SAR and prior to the actual filing; prepare and file the SAR. Provide ; provide the Trust Fund with a copy of the SAR within a reasonable time after filing; and notify the Trust Fund if any further communication is received from the U.S. Department of the Treasury or other law enforcement agencies regarding the SARsuch filing;
xi. (l) Compare account information to any FinCEN request received by the Trust Fund and provided to CFS the Transfer Agent pursuant to USA PATRIOT Act Sec. 314(a). Provide the Trust Fund with documents/the necessary information necessary for it to respond to such requests under USA PATRIOT Act Sec. 314(a) within required time framesframe;
(i) Verify the identity of any person seeking to open an account with each Fundthe Fund or a Portfolio in accordance with reasonable procedures as required under the Customer Identification Program regulations, (ii) maintain Maintain records of the information used to verify the person’s identity in accordance with applicable regulationsidentity, as required, and (iii) determine Determine whether the person appears on any lists of known or suspected terrorists or terrorist organizations provided to the Trust Fund by any government agencyagency in accordance with the USA PATRIOT ACT;
(n) Conduct due diligence and if required, and (iv) perform enhanced due diligence in accordance 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
(i31 C.F.R. 103.176(b) Monitor for any suspected money laundering activity with respect to new and existing correspondent accounts for foreign financial institutions (as defined in 31 C.F.R. 103.175). The Transfer Agent will perform an assessment of the money laundering risk presented by the account based on a consideration of relevant factors in accordance with applicable law and private banking information provided by the foreign financial institution in a financial institution questionnaire. After assessing the money laundering risk and determining a risk ranking for the account, the Transfer Agent will notify the Fund’s AML officer of any account with a medium or above risk-ranking. If an account is determined to have a medium or above risk-ranking, the Transfer Agent will monitor the account on a monthly basis for unusual activity. In the situation where due diligence cannot be completed with respect to an account, the Transfer Agent will contact the Fund’s AML officer for further instruction. Upon request by the Fund, the Transfer Agent will generate periodic reports of foreign correspondent accounts and report any such conduct required for review by applicable regulationsthe Fund for purposes of compliance with USA PATRIOT Act, and (ii) Section 312. Upon instructions from the Fund, the Transfer Agent will conduct due diligence on private banking for existing accounts selected by the Fund for further review 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 accordance with the foregoing procedures, CFS shall timely file any required reports, promptly notify appropriate government agencies and also immediately notify .
(o) Upon the request by the Fund, unless prohibited conduct due diligence to determine if the Fund is involved with any foreign jurisdiction, institution, class of transactions and a type of account designated, from time to time, by applicable lawthe U.S. Department of Justice in order to identify and take certain “special measures” against such entities as required under Section 311 of the USA PATRIOT Act (31 C.F.R. 103.193).
Appears in 2 contracts
Samples: Transfer Agency and Service Agreement (Premier Vit), Transfer Agency and Service Agreement (Allianz Funds Multi-Strategy Trust)
Delegated Duties. 4.1 Consistent with the services provided by CFS the Transfer Agent and with respect to the ownership of Shares in the Fund for which the Transfer Agent maintains the applicable shareholder information maintained by CFSShareholder information, CFS the Transfer Agent shall:
i. (a) Submit all new account registrations and registration maintenance transactions changes through the Office of Foreign Assets Control (“OFAC”) database and such other lists or databases of trade restricted individuals as may be required from time to time by applicable regulatory authorities on a daily basis;
(b) Submit all account registrations through OFAC databases and such other lists or entities databases as may be required from time to time by applicable regulatory authorities;
ii. (c) Submit special payee checks information from checks, outgoing wires and systematic withdrawal files through the OFAC databasedatabase on a daily basis;
iii. (d) Review redemption transactions that occur within thirty (30) days of an account establishment or maintenanceregistration change or banking information change;
iv. (e) Review wires sent pursuant to banking instructions other than those already on file with CFSthe Transfer Agent;
v. (f) Review accounts with small balances followed by large purchases;
vi. (g) Review accounts with frequent activity within a specified date range followed by a large redemption;
vii. On a daily basis, review (h) Review purchase and redemption activity per tax identification number (“TIN”) within each the 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. (i) Monitor and track cash equivalents under $10,000 for a rolling twelve-month period and period; if the threshold is exceeded, file any required reports with the IRS Form 8300 and issue the Shareholder notices as required by the IRS;
x. (j) Determine when a suspicious activity report (“SAR”) should be filed as required by regulations applicable to mutual funds and funds; prepare and file the SAR. Provide ; provide the Trust Fund with a copy of the SAR within a reasonable time after filing; and notify the Trust Fund if any further communication is received from the U.S. Department of the Treasury or other law enforcement agencies regarding the SARsuch filing;
xi. (k) Compare account information to any FinCEN request received by the Trust Fund and provided to CFS the Transfer Agent pursuant to USA PATRIOT Act Sec. 314(a). Provide the Trust Fund with documents/the necessary information necessary for it to respond to requests under USA PATRIOT Act Sec. 314(a) such request within required time framesframe;
(i) Verify the identity of any person seeking to open an account with each the Fund, (ii) maintain Maintain records of the information used to verify the person’s identity in accordance with applicable regulationsidentity, as required, and (iii) determine Determine whether the person appears on any lists of known or suspected terrorists or terrorist organizations provided to the Trust Fund by any government agency;
(m) Conduct due diligence and if required, and (iv) perform enhanced due diligence in accordance 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
(i31 C.F.R. 103.176(b) Monitor for any suspected money laundering activity with respect to new and existing correspondent accounts for foreign financial institutions (as defined in 31 C.F.R. 103.175). The Transfer Agent will perform an assessment of the money laundering risk presented by the account based on a consideration of relevant factors in accordance with applicable law and private banking accounts and report any such conduct required information provided by applicable regulationsthe foreign financial institution in a financial institution questionnaire. If an account is determined to have a medium or above risk-ranking, and the Transfer Agent will monitor the account on a monthly basis for unusual activity. In the situation where due diligence cannot be completed with respect to an account, the Transfer Agent will contact the Fund’s AML Officer for further instruction.
(iin) Upon the request by the Fund, conduct due diligence on private banking accounts to determine if the Fund is involved with any foreign jurisdiction, institution, class of transactions and a type of account designated, from time to time, by the U.S. Department of Justice in order to identify and take certain “special measures” against such entities as required under Section 311 of the event that one or more Funds changes its line of business in a manner that would involve the establishment or maintenance of such accountsUSA PATRIOT Act (31 C.F.R. 103.193).
4.2 In the event that CFS the Transfer Agent detects activity as a result of the foregoing procedures, CFS which necessitates the filing by the Transfer Agent of a SAR, a Form 8300 or other similar report or notice to OFAC, then the Transfer Agent shall timely file any required reports, promptly notify appropriate government agencies and also immediately notify the Fund, unless prohibited by applicable law.
Appears in 2 contracts
Samples: Transfer Agency and Service Agreement (Schroder Global Series Trust), Transfer Agency and Service Agreement (Ssga Funds)
Delegated Duties. 4.1 Consistent with the services provided by CFS the Transfer Agent and with respect to the ownership of shares in each Fund for which the Transfer Agent maintains the applicable shareholder information maintained by CFSinformation, CFS the Transfer Agent shall:
i. (a) Submit all new account names and registration maintenance transactions through name changes against the lists of specially designated nationals, narcotics traffickers and terrorists, and sanctioned countries, governments and regimes, administered by the Department of the Treasury, Office of Foreign Assets Control (“OFAC”) database ). Submit all account names against OFAC updated lists 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 (b) Review special payee checks through OFAC OF AC database;
iii. (c) Review redemption transactions that occur within thirty (30) a certain number of days of account establishment or maintenance, as acknowledged and agreed by the parties;
iv. (d) Review wires sent pursuant to banking instructions other than those already on file with CFSthe Transfer Agent;
v. (e) Review accounts with small balances followed by large purchases;
vi. (f) Review accounts with frequent activity within a specified date range followed by a large redemption;
vii. (g) On a daily basis, review purchase and redemption activity per tax identification number (“TIN”) within each Fund the Funds to determine if activity for that TIN exceeded the $100,000 threshold “large transaction” threshold, as acknowledged and agreed by the parties, on any given daya daily basis;
viii. Compare all new accounts and registration maintenance through the Known Offenders database and notify the Trust of any match.
ix. (h) Monitor and track cash equivalents of under $10,000 for a rolling twelve-month period and file any required reports and, in consultation with the Fund’s AML Compliance Officer, file IRS Form 8300, and issue the Shareholder notices required by the IRS. Provide the Fund with a copy of the IRS Form 8300 within a reasonable time after filing; notify the Fund if any communication is received from the government, including the U.S. Department of the Treasury or other law enforcement agencies, regarding the IRS Form 8300;
x. (i) Determine when a suspicious activity report (“SAR”) should be filed as required by regulations applicable to mutual funds and funds; prepare and and, in consultation wit the Fund’s AML Compliance Officer, file the SAR. Provide the Trust Fund with a copy of the SAR within a reasonable time after filing; notify the Trust Fund if any further communication is received from U.S. Department of the Treasury or other law enforcement agencies regarding the SAR;
xi. (j) Compare account information to any FinCEN request received by the Trust Funds and provided to CFS the Transfer Agent pursuant to USA PATRIOT Act Sec. 314(a). Provide the Trust Funds with documents/information necessary to respond to requests under USA PATRIOT Act Sec. 314(a) within required time frames;; and
(k) In accordance with procedures agreed upon by the parties (which may be amended from time to time by mutual agreement of the parties) (i) Verify verify the identity of any person seeking to open an account with each Fundthe Funds, (ii) maintain records of the information used to verify the person’s identity in accordance with applicable regulations, and (iii) determine whether the person appears on any lists of known or suspected terrorists or terrorist terrorists organizations provided to the Trust Funds by any government agency. If Transfer Agent is unable to obtain or verify customer information, 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 notify the Fund’s AML Compliance Officer 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 other officer as may be designated 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 accountsFund.
4.2 In the event that CFS the Transfer Agent detects activity as a result of the foregoing procedures, CFS shall timely file any required reportswhich necessitates the filing by the Transfer Agent of a SAR, promptly notify appropriate government agencies and also immediately notify the Fund, unless prohibited by applicable law.a Form 8300 or
Appears in 2 contracts
Samples: Transfer Agency and Service Agreement (Morgan Stanley Global Long/Short Fund P), Transfer Agency and Service Agreement (Morgan Stanley Global Long/Short Fund A)
Delegated Duties. 4.1 Consistent with the services provided by CFS Sxxxxxxx and with respect to the applicable shareholder information maintained by CFSSxxxxxxx, CFS Sxxxxxxx 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 CFSSxxxxxxx;
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 Sxxxxxxx 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 Sxxxxxxx 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 Sxxxxxxx detects activity as a result of the foregoing procedures, CFS Sxxxxxxx shall timely file any required reports, promptly notify appropriate government agencies and also immediately notify the Fund, unless prohibited by applicable law.
Appears in 2 contracts
Samples: Fund Services Agreement (SFS Series Trust), Fund Services Agreement (SFS Series Trust)
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. (a) 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. (b) Submit special payee checks through OFAC database;
iii. (c) Review redemption transactions that occur within thirty (30) days of account establishment or maintenance;
iv. (d) Review wires sent pursuant to instructions other than those already on file with CFS;
v. (e) Review accounts with small balances followed by large purchases;
vi. (f) Review accounts with frequent activity within a specified date range followed by a large redemption;
vii. (g) 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. (h) Compare all new accounts and registration maintenance through the Known Offenders database and notify the Trust of any match.
ix. (i) 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. (j) 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. (k) 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.
Appears in 2 contracts
Samples: Transfer Agency and Services Agreement (World Funds Trust), Transfer Agency and Services Agreement (Dblaine Investment Trust)
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 SFS with a copy of the SAR within a reasonable time after filing; notify the Trust SFS 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 SFS and provided to CFS pursuant to USA PATRIOT Act Sec. 314(a). Provide the Trust SFS 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 FundSFS, unless prohibited by applicable law.
Appears in 2 contracts
Samples: Fund Services Agreement (SFS Series Trust), Fund Services Agreement (SFS Series Trust)
Delegated Duties. 4.1 Consistent with the services provided by CFS the Transfer Agent and with respect to the ownership of shares in each Fund for which the Transfer Agent maintains the applicable shareholder information maintained by CFSinformation, CFS the Transfer Agent shall:
i. (a) Submit all new account names and registration maintenance transactions through name changes against the lists of specially designated nationals, narcotics traffickers and terrorists, and sanctioned countries, governments and regimes, administered by the Department of the Treasury, Office of Foreign Assets Control (“OFAC”) database ). Submit all account names against OFAC updated lists and such other lists or databases of trade restricted individuals or entities as may be required from time to time by applicable regulatory authorities;; SCHEDULE 1.2(g) AML DELEGATION (continued)
ii. Submit (b) Review special payee checks through OFAC OF AC database;
iii. (c) Review redemption transactions that occur within thirty (30) a certain number of days of account establishment or maintenance, as acknowledged and agreed by the parties;
iv. (d) Review wires sent pursuant to banking instructions other than those already on file with CFSthe Transfer Agent;
v. (e) Review accounts with small balances followed by large purchases;
vi. (f) Review accounts with frequent activity within a specified date range followed by a large redemption;
vii. (g) On a daily basis, review purchase and redemption activity per tax identification number (“TIN”) within each Fund the Funds to determine if activity for that TIN exceeded the $100,000 threshold “large transaction” threshold, as acknowledged and agreed by the parties, on any given daya daily basis;
viii. Compare all new accounts and registration maintenance through the Known Offenders database and notify the Trust of any match.
ix. (h) Monitor and track cash equivalents of under $10,000 for a rolling twelve-month period and file any required reports and, in consultation with the Fund’s AML Compliance Officer, file IRS Form 8300, and issue the Shareholder notices required by the IRS. Provide the Fund with a copy of the IRS Form 8300 within a reasonable time after filing; notify the Fund if any communication is received from the government, including the U.S. Department of the Treasury or other law enforcement agencies, regarding the IRS Form 8300;
x. (i) Determine when a suspicious activity report (“SAR”) should be filed as required by regulations applicable to mutual funds and funds; prepare and and, in consultation wit the Fund’s AML Compliance Officer, file the SAR. Provide the Trust Fund with a copy of the SAR within a reasonable time after filing; notify the Trust Fund if any further communication is received from U.S. Department of the Treasury or other law enforcement agencies regarding the SAR;
xi. (j) Compare account information to any FinCEN request received by the Trust Funds and provided to CFS the Transfer Agent pursuant to USA PATRIOT Act Sec. 314(a). Provide the Trust Funds with documents/information necessary to respond to requests under USA PATRIOT Act Sec. 314(a) within required time frames;; and
(k) In accordance with procedures agreed upon by the parties (which may be amended from time to time by mutual agreement of the parties) (i) Verify verify the identity of any person seeking to open an account with each Fundthe Funds, (ii) maintain records of the information used to verify the person’s identity in accordance with applicable regulations, and (iii) determine whether the person appears on any lists of known or suspected terrorists or terrorist terrorists organizations provided to the Trust Funds by any government agency. If Transfer Agent is unable to obtain or verify customer information, 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 notify the Fund’s AML Compliance Officer 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 other officer as may be designated 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 accountsFund.
4.2 In the event that CFS the Transfer Agent detects activity as a result of the foregoing procedures, CFS which necessitates the filing by the Transfer Agent of a SAR, a Form 8300 or SCHEDULE 1.2(g) AML DELEGATION (continued) other similar report or notice to OFAC, then the Transfer Agent shall timely file any required reports, promptly notify appropriate government agencies and also immediately notify the applicable Fund, unless prohibited by applicable law. Each of the Funds on Schedule A BOSTON FINANCIAL DATA SERVICES, INC. By: /s/ Xxxxxxxxxx Xxxxxxx By: /s/ Xxxxxxx Xxx A duly authorized officer of each such Entity Xxxxxxx Xxx, Senior Vice President SCHEDULE 2.1 THIRD PARTY ADMINISTRATOR(S) PROCEDURES Dated: December 30, 2005
1. On each day on which both the New York Stock Exchange and the Funds are open for business (a “Business Day”), the TPA(s) shall receive, on behalf of and as agent of the Fund, Instructions (as hereinafter defined) from the Plan. Instructions shall mean as to each Fund (i) orders by the Plan for the purchases of Shares, and (ii) requests by the Plan for the redemption of Shares; in each case based on the Plan’s receipt of purchase orders and redemption requests by Participants in proper form by the time required by the terms of the Plan, but not later than the time of day at which the net asset value of a Fund is calculated, as described from time to time in that Fund’s prospectus. Each Business Day on which the TPA receives Instructions shall be a “Trade Date”.
2. The TPA(s) shall communicate the TPA(s)’s acceptance of such Instructions, to the applicable Plan.
3. On the next succeeding Business Day following the Trade Date on which it accepted Instructions for the purchase and redemption of Shares, (TD+1), the TPA(s) shall notify the Transfer Agent of the net amount of such purchases or redemptions, as the case may be, for each of the Plans. In the case of net purchases by any Plan, the TPA(s) shall instruct the Trustees of such Plan to transmit the aggregate purchase price for Shares by wire transfer to the Transfer Agent on (TD+1). In the case of net redemptions by any Plan, the TPA(s) shall instruct the Fund’s custodian to transmit the aggregate redemption proceeds for Shares by wire transfer to the Trustees of such Plan on (TD+1). The times at which such notification and transmission shall occur on (TD+1) shall be as mutually agreed upon by each Fund, the TPA(s), and the Transfer Agent.
4. The TPA(s) shall maintain separate records for each Plan, which record shall reflect Shares purchased and redeemed, including the date and price for all transactions, and Share balances. The TPA(s) shall maintain on behalf of each of the Plans a single master account with the Transfer Agent and such account shall be in the name of that Plan, the TPA(s), or the nominee of either thereof as the record owner of Shares owned by such Plan.
Appears in 1 contract
Samples: Transfer Agency Agreement
Delegated Duties. 4.1 Consistent with the services provided by CFS the Transfer Agent and with respect to the ownership of shares in the Fund for which the Transfer Agent maintains the applicable shareholder information maintained by CFSinformation, CFS the Transfer Agent shall:
i. (a) Submit all new account financial and registration maintenance non-financial 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 (b) Review special payee checks through OFAC database;; Schedule 1.2(f)-1
iii. (c) Review redemption transactions that occur within thirty (30) days of account establishment or maintenance;
iv. (d) Review wires sent pursuant to banking instructions other than those already on file with CFSthe Transfer Agent;
v. (e) Review accounts with small balances followed by large purchases;
vi. (f) Review accounts with frequent activity within a specified date range followed by a large redemption;
vii. (g) On a daily basis, review purchase and redemption activity per tax identification number (“TIN”) within each Fund the Trust 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. (h) Monitor and track cash equivalents under $10,000 for a rolling twelve-month period and file any required reports with the IRS Form 8300 and issue the Shareholder notices required by the IRS;
x. (i) Determine when a suspicious activity report (“SAR”) should be filed as required by regulations applicable to mutual funds and funds; prepare and file the SAR. Provide the Trust with a copy of the SAR within a reasonable time after filing; notify the Trust Fund if any further communication is received from U.S. Department of the Treasury or other law enforcement agencies regarding the SAR;
xi. (j) Compare account information to any FinCEN request received by the Trust and provided to CFS the Transfer Agent 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;; and
(k) In accordance with procedures agreed upon by the parties (which may be amended from time to time by mutual agreement of the parties) (i) Verify verify the identity of any person seeking to open an account with each Fundthe Trust, (ii) maintain records of the information used to verify the person’s identity in accordance with applicable regulations, and (iii) determine whether the person appears on any lists of known or suspected terrorists or terrorist terrorists 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 the Transfer Agent detects activity as a result of the foregoing procedures, CFS which necessitates the filing by the Transfer Agent of a SAR, a Form 8300 or other similar report or notice to OFAC, then the Transfer Agent shall timely file any required reports, promptly notify appropriate government agencies and also immediately notify the FundTrust, unless prohibited by applicable law.
Appears in 1 contract
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. (a) Provide an individual, subject to approval by the Trust's Boarod of Trustees, to serve as the Trust's anti-money laundering officer, who will be responsible for managing the AML Program.
(b) 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. (c) Submit special payee checks through OFAC database;
iii. (d) Review redemption transactions that occur within thirty (30) days of account establishment or maintenance;
iv. (e) Review wires sent pursuant to instructions other than those already on file with CFS;
v. (f) Review accounts with small balances followed by large purchases;
vi. (g) Review accounts with frequent activity within a specified date range followed by a large redemption;
vii. (h) 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. (i) Compare all new accounts and registration maintenance through the Known Offenders database and notify the Trust of any match.
ix. (j) 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. (k) 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. (l) 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 '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.
Appears in 1 contract
Samples: Transfer Agency and Services Agreement (DGHM Investment Trust)
Delegated Duties. 4.1 Consistent with the services provided by CFS the Transfer Agent and with respect to the ownership of Shares in each Portfolio for which the Transfer Agent maintains the applicable shareholder information maintained by CFSShareholder information, CFS the Transfer Agent shall:
i. (a) Submit all new account registrations and registration maintenance transactions changes through the Office of Foreign Assets Control (“OFAC”) database and such other lists or databases of trade restricted individuals as may be required from time to time by applicable regulatory authorities on a daily basis;
(b) Submit all account registrations through OFAC databases and such other lists or entities databases as may be required from time to time by applicable regulatory authorities;
ii. (c) Submit special payee checks information from checks, outgoing wires and systematic withdrawal files through the OFAC databasedatabase on a daily basis;
iii. (d) Review redemption transactions that occur within thirty (30) days of an account establishment or maintenanceregistration change or banking information change;
iv. (e) Review wires sent pursuant to banking instructions other than those already on file with CFSthe Transfer Agent;
v. (f) Review accounts with small balances followed by large purchases;
vi. (g) Review accounts with frequent activity within a specified date range followed by a large redemption;
vii. On a daily basis, review (h) Review purchase and redemption activity per tax identification number (“TIN”) within each the Fund to determine if activity for that TIN exceeded the $100,000 threshold on any given day;
viii. (i) Compare all new accounts and registration maintenance through the Transfer Agent’s “Known Offenders Offenders” database and notify the Trust Fund 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. (j) Determine when a suspicious activity report (“SAR”) should be filed as required by regulations applicable to mutual funds funds; notify the Fund, the Administrator or its agent immediately upon determination to file SAR and prior to the actual filing; prepare and file the SAR. Provide ; provide the Trust Fund, the Administrator or its agent with a copy of the SAR within a reasonable time after filing; and notify the Trust Fund, the Administrator or its agent if any further communication is received from the U.S. Department of the Treasury or other law enforcement agencies regarding the SARsuch filing;
xi. (k) Compare account information to any FinCEN request received by the Trust Fund and provided to CFS the Transfer Agent pursuant to USA PATRIOT Act Sec. 314(a). Provide the Trust Fund, the Administrator or its agent with documents/the necessary information necessary for it to respond to such requests under USA PATRIOT Act Sec. 314(a) within required time framesframe;
(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.
Appears in 1 contract
Samples: Transfer Agency and Service Agreement (Allianz Global Investors Managed Accounts Trust)
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 Shall timely file any required reports, promptly notify appropriate government agencies and also immediately notify the Fund, unless prohibited by applicable law.
Appears in 1 contract
Delegated Duties. 4.1 Consistent with the services provided by CFS the Transfer Agent and with respect to the ownership of Shares in the Fund for which the Transfer Agent maintains the applicable shareholder information maintained by CFSShareholder information, CFS the Transfer Agent shall:: Schedule 1.2(f) - 1
i. (a) 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. (b) Submit special payee checks through OFAC database;
iii. (c) Review redemption transactions that occur within thirty (30) days of account establishment or maintenance;
iv. (d) Review wires sent pursuant to banking instructions other than those already on file with CFSthe Transfer Agent;
v. (e) Review accounts with small balances followed by large purchases;
vi. (f) Review accounts with frequent activity within a specified date range followed by a large redemption;
vii. (g) On a daily basis, review purchase and redemption activity per tax identification number (“"TIN”") within each the 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. (h) Monitor and track cash equivalents under $10,000 for a rolling twelve-month period and file any required reports with the IRS Form 8300 and issue the Shareholder notices required by the IRS;
x. (i) Determine when a suspicious activity report (“"SAR”") should be filed as required by regulations applicable to mutual funds and funds; prepare and file the SAR. Provide the Trust Fund with a copy of the SAR within a reasonable time after filing; notify the Trust Fund if any further communication is received from U.S. Department of the Treasury or other law enforcement agencies regarding the SAR;
xi. (j) Compare account information to any FinCEN request received by the Trust Fund and provided to CFS the Transfer Agent pursuant to USA PATRIOT Act Sec. 314(a314
(a). Provide the Trust Fund 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 the Fund, (ii) maintain Maintain records of the information used to verify the person’s 's identity in accordance with applicable regulations, and (iii) determine Determine whether the person appears on any lists of known or suspected terrorists or terrorist terrorists organizations provided to the Trust Fund 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
(il) Monitor Conduct due diligence for any suspected money laundering activity with respect to new correspondent accounts for foreign financial institutions (as defined in 31 C.F.R. 103.175). Denote foreign correspondent accounts with a distinct social code at account set-up when account set-up is performed by the Transfer Agent or, if account set-up is performed by a party other than the Transfer Agent, at such other time as required documentary evidence for a foreign correspondent account is presented in good order to the Transfer Agent. Following the opening of an Schedule 1.2(f) - 2 account for a foreign financial institution or setting up a dealer relationship with a foreign financial institution, the Transfer Agent will perform an assessment of the money laundering risk presented by the account based on a consideration of relevant factors in accordance with applicable law and private banking information provided by the foreign financial institution in a financial institution questionnaire. After assessing the money laundering risk and determining a risk-ranking for the account, the Transfer Agent will notify the Fund's AML Officer of any account with a medium or above risk-ranking to obtain further instruction from the Fund. In the situation where due diligence cannot be completed with respect to an account, the Transfer Agent will contact the Fund's AML Officer for further instruction. For any accounts and report any such conduct required opened for foreign financial institutions, a periodic review of the account activity will be performed by applicable regulationsthe Transfer Agent in order to determine consistency with information obtained about the type, purpose, and (ii) anticipated activity of the account as detailed in the financial institution questionnaire. Upon request by the Fund, generate periodic reports of foreign correspondent accounts for review by the Fund for purposes of compliance with USA PATRIOT Act, Section 312. In accordance with instructions from the Fund, conduct due diligence on private banking for existing accounts selected by the Fund for further review in accordance with the event that one or more Funds changes its line of business in a manner that would involve the establishment or maintenance of such accountsprocedures set forth above.
4.2 In the event that CFS the Transfer Agent detects activity as a result of the foregoing procedures, CFS which necessitates the filing by the Transfer Agent of a SAR, a Form 8300 or other similar report or notice to OFAC, then the Transfer Agent shall timely file any required reports, promptly notify appropriate government agencies and also immediately notify the Fund, unless prohibited by applicable law. EACH OF THE ENTITIES, INDIVIDUALLY STATE STREET BANK AND TRUST AND NOT JOINTLY, AS LISTED ON COMPANY SCHEDULE A By: ___________________________________ By: _______________________________ Xxxxxx X. Xxxxxx, Vice Chairman Name: _________________________________ Title: ________________________________ As an Authorized Officer on behalf of each of the Funds indicated on Schedule A Schedule 1.2(f) - 3 SCHEDULE 2.1 THIRD PARTY ADMINISTRATOR(S) PROCEDURES Dated: May 1, 2007
1. On each day on which both the New York Stock Exchange and the Fund are open for business (a "Business Day"), the TPA(s) shall receive, on behalf of and as agent of the Fund, Instructions (as hereinafter defined) from the Plan. Instructions shall mean as to each Fund (i) orders by the Plan for the purchases of Shares, and (ii) requests by the Plan for the redemption of Shares; in each case based on the Plan's receipt of purchase orders and redemption requests by Participants in proper form by the time required by the term of the Plan, but not later than the time of day at which the net asset value of a Fund is calculated, as described from time to time in that Fund's prospectus. Each Business Day on which the TPA receives Instructions shall be a "Trade Date".
2. The TPA(s) shall communicate the TPA(s)'s acceptance of such Instructions, to the applicable Plan.
3. On the next succeeding Business Day following the Trade Date on which it accepted Instructions for the purchase and redemption of Shares, (TD+1), the TPA(s) shall notify the Transfer Agent of the net amount of such purchases or redemptions, as the case may be, for each of the Plans. In the case of net purchases by any Plan, the TPA(s) shall instruct the Trustees of such Plan to transmit the aggregate purchase price for Shares by wire transfer to the Transfer Agent on (TD+1). In the case of net redemptions by any Plan, the TPA(s) shall instruct the Fund's custodian to transmit the aggregate redemption proceeds for Shares by wire transfer to the Trustees of such Plan on (TD+1). The times at which such notification and transmission shall occur on (TD+1) shall be as mutually agreed upon by each Fund, the TPA(s), and the Transfer Agent.
4. The TPA(s) shall maintain separate records for each Plan, which record shall reflect Shares purchased and redeemed, including the date and price for all transactions, and Share balances. The TPA(s) shall maintain on behalf of each of the Plans a single master account with the Transfer Agent and such account shall be in the name of that Plan, the TPA(s), or the nominee of either thereof as the record owner of Shares owned by such Plan.
Appears in 1 contract
Samples: Transfer Agency and Service Agreement (Gabelli SRI Fund, Inc.)
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. (a) 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. (b) Submit special payee checks through OFAC database;
iii. (c) Review redemption transactions that occur within thirty (30) days of account establishment or maintenance;
iv. (d) Review wires sent pursuant to instructions other than those already on file with CFS;
v. (e) Review accounts with small balances followed by large purchases;
vi. (f) Review accounts with frequent activity within a specified date range followed by a large redemption;
vii. (g) 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. (h) Compare all new accounts and registration maintenance through the Known Offenders database and notify the Trust Company of any match.
ix. (i) 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. (j) 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 Company with a copy of the SAR within a reasonable time after filing; notify the Trust Company if any further communication is received from U.S. Department of the Treasury or other law enforcement agencies regarding the SAR;
xi. (k) Compare account information to any FinCEN request received by the Trust Company and provided to CFS pursuant to USA PATRIOT Act Sec. 314(a). Provide the Trust Company 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 '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 Company 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.
Appears in 1 contract
Samples: Transfer Agency and Services Agreement (World Funds Inc /Md/)
Delegated Duties. 4.1 Consistent with the services provided by CFS FSI and with respect to the applicable shareholder information maintained by CFSFSI, CFS FSI shall:
i. (a) Provide an individual, subject to approval by the Trust’s Board of Trustees, to serve as the Trust’s anti-money laundering officer, who will be responsible for managing the AML Program.
(b) 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. (c) Submit special payee checks through OFAC database;
iii. (d) Review redemption transactions that occur within thirty (30) days of account establishment or maintenance;
iv. (e) Review wires sent pursuant to instructions other than those already on file with CFSFSI;
v. (f) Review accounts with small balances followed by large purchases;
vi. (g) Review accounts with frequent activity within a specified date range followed by a large redemption;
vii. (h) 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. (i) Compare all new accounts and registration maintenance through the Known Offenders database and notify the Trust of any match.
ix. (j) 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. (k) 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. (l) Compare account information to any FinCEN request received by the Trust and provided to CFS FSI 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 FSI 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 FSI detects activity as a result of the foregoing procedures, CFS FSI shall timely file any required reports, promptly notify appropriate government agencies and also immediately notify the Fund, unless prohibited by applicable law.
Appears in 1 contract
Samples: Transfer Agency and Services Agreement (Diamond Portfolio Investment Trust)
Delegated Duties. 4.1 Consistent with the services provided by CFS the Transfer Agent and with respect to the ownership of Shares in each Portfolio for which the Transfer Agent maintains the applicable shareholder information maintained by CFSShareholder information, CFS the Transfer Agent shall:
i. (a) Submit all new account registrations and registration maintenance transactions changes through the Office of Foreign Assets Control (“OFAC”) database and such other lists or databases of trade restricted individuals as may be required from time to time by applicable regulatory authorities on a daily basis;
(b) Submit all account registrations through OFAC databases and such other lists or entities databases as may be required from time to time by applicable regulatory authorities;
ii. (c) Submit special payee checks information from checks, outgoing wires and systematic withdrawal files through the OFAC databasedatabase on a daily basis;
iii. (d) Review redemption transactions that occur within thirty (30) days of an account establishment or maintenanceregistration change or banking information change;
iv. (e) Review wires sent pursuant to banking instructions other than those already on file with CFSthe Transfer Agent;
v. (f) Review accounts with small balances followed by large purchases;
vi. (g) Review accounts with frequent activity within a specified date range followed by a large redemption;
vii. On a daily basis, review (h) Review purchase and redemption activity per tax identification number (“TIN”) within each the Fund to determine if activity for that TIN exceeded the $100,000 threshold on any given day;
viii. (i) Compare all new accounts and registration maintenance through the Transfer Agent’s “Known Offenders Offenders” database and notify the Trust Fund of any match.; Table of Contents
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. (j) Determine when a suspicious activity report (“SAR”) should be filed as required by regulations applicable to mutual funds funds; notify the Fund immediately upon determination to file SAR and prior to the actual filing; prepare and file the SAR. Provide ; provide the Trust Fund with a copy of the SAR within a reasonable time after filing; and notify the Trust Fund if any further communication is received from the U.S. Department of the Treasury or other law enforcement agencies regarding the SARsuch filing;
xi. (k) Compare account information to any FinCEN request received by the Trust Fund and provided to CFS the Transfer Agent pursuant to USA PATRIOT Act Sec. 314(a). Provide the Trust Fund with documents/the necessary information necessary for it to respond to such requests under USA PATRIOT Act Sec. 314(a) within required time framesframe;
(i) Verify the identity of any person seeking to open an account with each Fundthe Fund or a Portfolio in accordance with reasonable procedures as required under the Customer Identification Program regulations, (ii) maintain Maintain records of the information used to verify the person’s identity in accordance with applicable regulationsidentity, as required, and (iii) determine Determine whether the person appears on any lists of known or suspected terrorists or terrorist organizations provided to the Trust Fund by any government agencyagency in accordance with the USA PATRIOT ACT;
(m) Conduct due diligence and if required, and (iv) perform enhanced due diligence in accordance 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
(i31 C.F.R. 103.176(b) Monitor for any suspected money laundering activity with respect to new and existing correspondent accounts for foreign financial institutions (as defined in 31 C.F.R. 103.175). The Transfer Agent will perform an assessment of the money laundering risk presented by the account based on a consideration of relevant factors in accordance with applicable law and private banking information provided by the foreign financial institution in a financial institution questionnaire. After assessing the money laundering risk and determining a risk ranking for the account, the Transfer Agent will notify the Fund’s AML officer of any account with a medium or above risk-ranking. If an account is determined to have a medium or above risk-ranking, the Transfer Agent will monitor the account on a monthly basis for unusual activity. In the situation where due diligence cannot be completed with respect to an account, the Transfer Agent will contact the Fund’s AML officer for further instruction. Upon request by the Fund, the Transfer Agent will generate periodic reports of foreign correspondent accounts and report any such conduct required for review by applicable regulationsthe Fund for purposes of compliance with USA PATRIOT Act, and (ii) Section 312. Upon instructions from the Fund, the Transfer Agent will conduct due diligence on private banking for existing accounts selected by the Fund for further review in accordance with the event that one or more Funds changes its line foregoing procedures.
(n) Upon the request by the Fund, conduct due diligence to determine if the Fund is involved with any foreign jurisdiction, institution, class of business transactions and a type of account designated, from time to time, by the U.S. Department of Justice in a manner that would involve order to identify and take certain “special measures” against such entities as required under Section 311 of the establishment or maintenance USA PATRIOT Act (31 C.F.R. 103.193). Table of such accountsContents
(o) Maintain records for carrying out the delegated duties as set forth above in accordance with applicable laws.
4.2 In the event that CFS the Transfer Agent detects activity as a result of the foregoing procedures, CFS which necessitates the filing by the Transfer Agent of a SAR or other similar report or notice to OFAC, then the Transfer Agent shall timely file any required reports, promptly notify appropriate government agencies and also immediately notify the Fund, unless prohibited by applicable law. Table of Contents THIRD PARTY ADMINISTRATOR(S) PROCEDURES
1. On each day on which both the New York Stock Exchange and the Fund are open for business (a “Business Day”), the TPA(s) shall receive, on behalf of and as agent of the Fund, Instructions (as hereinafter defined) from the Plan. Instructions shall mean as to the Fund (i) orders by the Plan for the purchases of Shares of a Portfolio, and (ii) requests by the Plan for the redemption of Shares of a Portfolio; in each case based on the Plan’s receipt of purchase orders and redemption requests by Participants in proper form by the time required by the term of the Plan, but not later than the time of day at which the net asset value of a Portfolio is calculated, as described from time to time in that Portfolio’s prospectus. Each Business Day on which the TPA receives Instructions shall be a “Trade Date.”
2. The TPA(s) shall communicate the TPA(s)’s acceptance of such Instructions, to the applicable Plan.
3. On the next succeeding Business Day following the Trade Date on which it accepted Instructions for the purchase and redemption of Shares, (TD+1), the TPA(s) shall notify the Transfer Agent of the net amount of such purchases or redemptions, as the case may be, for each of the Plans. In the case of net purchases by any Plan, the TPA(s) shall instruct the Trustees of such Plan to transmit the aggregate purchase price for Shares by wire transfer to the Transfer Agent on (TD+1). In the case of net redemptions by any Plan, the TPA(s) shall instruct the Portfolio’s custodian to transmit the aggregate redemption proceeds for Shares by wire transfer to the Trustees of such Plan on (TD+1). The times at which such notification and transmission shall occur on (TD+1) shall be as mutually agreed upon by each Portfolio, the TPA(s), and the Transfer Agent.
4. The TPA(s) shall maintain separate records for each Plan, which record shall reflect Shares purchased and redeemed, including the date and price for all transactions, and Share balances. The TPA(s) shall maintain on behalf of each of the Plans a single master account with the Transfer Agent and such account shall be in the name of that Plan, the TPA(s), or the nominee of either thereof as the record owner of Shares owned by such Plan.
Appears in 1 contract
Samples: Transfer Agency and Service Agreement (AllianzGI Institutional Multi-Series Trust)
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.
Appears in 1 contract
Delegated Duties. 4.1 Consistent with the services provided by CFS the Transfer Agent and with respect to the ownership of Shares in each Portfolio for which the Transfer Agent maintains the applicable shareholder information maintained by CFSShareholder information, CFS the Transfer Agent shall:
i. (a) Submit all new account registrations and registration maintenance transactions changes through the Office of Foreign Assets Control (“OFAC”) database and such other lists or databases of trade restricted individuals as may be required from time to time by applicable regulatory authorities on a daily basis;
(b) Submit all account registrations through OFAC databases and such other lists or entities databases as may be required from time to time by applicable regulatory authorities;
ii. (c) Submit special payee checks information from checks, outgoing wires and systematic withdrawal files through the OFAC databasedatabase on a daily basis;
iii. (d) Review redemption transactions that occur within thirty (30) days of an account establishment or maintenanceregistration change or banking information change;
iv. (e) Review wires sent pursuant to banking instructions other than those already on file with CFSthe Transfer Agent;
v. (f) Review accounts with small balances followed by large purchases;
vi. (g) Review accounts with frequent activity within a specified date range followed by a large redemption;
vii. On a daily basis, review (h) Review purchase and redemption activity per tax identification number (“TIN”) within each the Fund to determine if activity for that TIN exceeded the $100,000 threshold on any given day;
viii. (i) Compare all new accounts and registration maintenance through the Transfer Agent’s “Known Offenders Offenders” database and notify the Trust Fund 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. (j) Determine when a suspicious activity report (“SAR”) should be filed as required by regulations applicable to mutual funds funds; notify the Fund immediately upon determination to file SAR and prior to the actual filing; prepare and file the SAR. Provide ; provide the Trust Fund with a copy of the SAR within a reasonable time after filing; and notify the Trust Fund if any further communication is received from the U.S. Department of the Treasury or other law enforcement agencies regarding the SARsuch filing;
xi. (k) Compare account information to any FinCEN request received by the Trust Fund and provided to CFS the Transfer Agent pursuant to USA PATRIOT Act Sec. 314(a). Provide the Trust Fund with documents/the necessary information necessary for it to respond to such requests under USA PATRIOT Act Sec. 314(a) within required time framesframe;
(i) Verify the identity of any person seeking to open an account with each Fundthe Fund or a Portfolio in accordance with reasonable procedures as required under the Customer Identification Program regulations, (ii) maintain Maintain records of the information used to verify the person’s identity in accordance with applicable regulationsidentity, as required, and (iii) determine Determine whether the person appears on any lists of known or suspected terrorists or terrorist organizations provided to the Trust Fund by any government agencyagency in accordance with the USA PATRIOT ACT;
(m) Conduct due diligence and if required, and (iv) perform enhanced due diligence in accordance 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
(i31 C.F.R. 103.176(b) Monitor for any suspected money laundering activity with respect to new and existing correspondent accounts for foreign financial institutions (as defined in 31 C.F.R. 103.175). The Transfer Agent will perform an assessment of the money laundering risk presented by the account based on a consideration of relevant factors in accordance with applicable law and private banking information provided by the foreign financial institution in a financial institution questionnaire. After assessing the money laundering risk and determining a risk ranking for the account, the Transfer Agent will notify the Fund’s AML officer of any account with a medium or above risk-ranking. If an account is determined to have a medium or above risk-ranking, the Transfer Agent will monitor the account on a monthly basis for unusual activity. In the situation where due diligence cannot be completed with respect to an account, the Transfer Agent will contact the Fund’s AML officer for further instruction. Upon request by the Fund, the Transfer Agent will generate periodic reports of foreign correspondent accounts and report any such conduct required for review by applicable regulationsthe Fund for purposes of compliance with USA PATRIOT Act, and (ii) Section 312. Upon instructions from the Fund, the Transfer Agent will conduct due diligence on private banking for existing accounts selected by the Fund for further review in accordance with the event that one or more Funds changes its line foregoing procedures.
(n) Upon the request by the Fund, conduct due diligence to determine if the Fund is involved with any foreign jurisdiction, institution, class of business transactions and a type of account designated, from time to time, by the U.S. Department of Justice in a manner that would involve order to identify and take certain “special measures” against such entities as required under Section 311 of the establishment or maintenance of such accountsUSA PATRIOT Act (31 C.F.R. 103.193).
(o) Maintain records for carrying out the delegated duties as set forth above in accordance with applicable laws.
4.2 In the event that CFS the Transfer Agent detects activity as a result of the foregoing procedures, CFS which necessitates the filing by the Transfer Agent of a SAR or other similar report or notice to OFAC, then the Transfer Agent shall timely file any required reports, promptly notify appropriate government agencies and also immediately notify the Fund, unless prohibited by applicable law.
1. On each day on which both the New York Stock Exchange and the Fund are open for business (a “Business Day”), the TPA(s) shall receive, on behalf of and as agent of the Fund, Instructions (as hereinafter defined) from the Plan. Instructions shall mean as to the Fund (i) orders by the Plan for the purchases of Shares of a Portfolio, and (ii) requests by the Plan for the redemption of Shares of a Portfolio; in each case based on the Plan’s receipt of purchase orders and redemption requests by Participants in proper form by the time required by the term of the Plan, but not later than the time of day at which the net asset value of a Portfolio is calculated, as described from time to time in that Portfolio’s prospectus. Each Business Day on which the TPA receives Instructions shall be a “Trade Date.”
2. The TPA(s) shall communicate the TPA(s)’s acceptance of such Instructions, to the applicable Plan.
3. On the next succeeding Business Day following the Trade Date on which it accepted Instructions for the purchase and redemption of Shares, (TD+1), the TPA(s) shall notify the Transfer Agent of the net amount of such purchases or redemptions, as the case may be, for each of the Plans. In the case of net purchases by any Plan, the TPA(s) shall instruct the Trustees of such Plan to transmit the aggregate purchase price for Shares by wire transfer to the Transfer Agent on (TD+1). In the case of net redemptions by any Plan, the TPA(s) shall instruct the Portfolio’s custodian to transmit the aggregate redemption proceeds for Shares by wire transfer to the Trustees of such Plan on (TD+1). The times at which such notification and transmission shall occur on (TD+1) shall be as mutually agreed upon by each Portfolio, the TPA(s), and the Transfer Agent.
4. The TPA(s) shall maintain separate records for each Plan, which record shall reflect Shares purchased and redeemed, including the date and price for all transactions, and Share balances. The TPA(s) shall maintain on behalf of each of the Plans a single master account with the Transfer Agent and such account shall be in the name of that Plan, the TPA(s), or the nominee of either thereof as the record owner of Shares owned by such Plan.
Appears in 1 contract
Samples: Transfer Agency and Service Agreement (Premier Multi-Series VIT)
Delegated Duties. 4.1 Consistent with the services provided by CFS the Transfer Agent and with respect to the ownership of Shares in each Portfolio for which the Transfer Agent maintains the applicable shareholder information maintained by CFSShareholder information, CFS the Transfer Agent shall:
i. (a) Submit all new account registrations and registration maintenance transactions changes through the Office of Foreign Assets Control (“OFAC”) database and such other lists or databases of trade restricted individuals as may be required from time to time by applicable regulatory authorities on a daily basis;
(b) Submit all account registrations through OFAC databases and such other lists or entities databases as may be required from time to time by applicable regulatory authorities;
ii. (c) Submit special payee checks information from checks, outgoing wires and systematic withdrawal files through the OFAC databasedatabase on a daily basis;
iii. (d) Review redemption transactions that occur within thirty (30) days of an account establishment or maintenanceregistration change or banking information change;
iv. (e) Review wires sent pursuant to banking instructions other than those already on file with CFSthe Transfer Agent;
v. (f) Review accounts with small balances followed by large purchases;
vi. (g) Review accounts with frequent activity within a specified date range followed by a large redemption;
vii. On a daily basis, review (h) Review purchase and redemption activity per tax identification number (“TIN”) within each the Fund to determine if activity for that TIN exceeded the $100,000 threshold on any given day;
viii. (i) Compare all new accounts and registration maintenance through the Transfer Agent’s “Known Offenders Offenders” database and notify the Trust Fund 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. (j) Determine when a suspicious activity report (“SAR”) should be filed as required by regulations applicable to mutual funds funds; notify the Fund immediately upon determination to file SAR and prior to the actual filing; prepare and file the SAR. Provide ; provide the Trust Fund with a copy of the SAR within a reasonable time after filing; and notify the Trust Fund if any further communication is received from the U.S. Department of the Treasury or other law enforcement agencies regarding the SARsuch filing;
xi. (k) Compare account information to any FinCEN request received by the Trust Fund and provided to CFS the Transfer Agent pursuant to USA PATRIOT Act Sec. 314(a). Provide the Trust Fund with documents/the necessary information necessary for it to respond to such requests under USA PATRIOT Act Sec. 314(a) within required time framesframe;
(i) Verify the identity of any person seeking to open an account with each Fundthe Fund or a Portfolio in accordance with reasonable procedures as required under the Customer Identification Program regulations, (ii) maintain Maintain records of the information used to verify the person’s identity in accordance with applicable regulationsidentity, as required, and (iii) determine Determine whether the person appears on any lists of known or suspected terrorists or terrorist organizations provided to the Trust Fund by any government agencyagency in accordance with the USA PATRIOT ACT;
(m) Conduct due diligence and if required, and (iv) perform enhanced due diligence in accordance 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
(i31 C.F.R. 103.176(b) Monitor for any suspected money laundering activity with respect to new and existing correspondent accounts for foreign financial institutions (as defined in 31 C.F.R. 103.175). The Transfer Agent will perform an assessment of the money laundering risk presented by the account based on a consideration of relevant factors in accordance with applicable law and private banking information provided by the foreign financial institution in a financial institution questionnaire. After assessing the money laundering risk and determining a risk ranking for the account, the Transfer Agent will notify the Fund’s AML officer of any account with a medium or above risk-ranking. If an account is determined to have a medium or above risk-ranking, the Transfer Agent will monitor the account on a monthly basis for unusual activity. In the situation where due diligence cannot be completed with respect to an account, the Transfer Agent will contact the Fund’s AML officer for further instruction. Upon request by the Fund, the Transfer Agent will generate periodic reports of foreign correspondent accounts and report any such conduct required for review by applicable regulationsthe Fund for purposes of compliance with USA PATRIOT Act, and (ii) Section 312. Upon instructions from the Fund, the Transfer Agent will conduct due diligence on private banking for existing accounts selected by the Fund for further review 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 accordance with the foregoing procedures, CFS shall timely file any required reports, promptly notify appropriate government agencies and also immediately notify .
(n) Upon the request by the Fund, unless prohibited conduct due diligence to determine if the Fund is involved with any foreign jurisdiction, institution, class of transactions and a type of account designated, from time to time, by applicable lawthe U.S. Department of Justice in order to identify and take certain “special measures” against such entities as required under Section 311 of the USA PATRIOT Act (31 C.F.R. 103.193).
Appears in 1 contract
Samples: Transfer Agency and Service Agreement (Premier Multi-Series VIT)
Delegated Duties. 4.1 Consistent with the services provided by CFS the Transfer Agent and with respect to the ownership of Shares in the Trust for which the Transfer Agent maintains the applicable shareholder information maintained by CFSShareholder information, CFS the Transfer Agent shall:
i. (a) Submit all new account registrations and registration maintenance transactions changes through the Office of Foreign Assets Control (“OFAC”) database and such other lists or databases of trade restricted individuals as may be required from time to time by applicable regulatory authorities on a daily basis;
(b) Submit all account registrations through OFAC databases and such other lists or entities databases as may be required from time to time by applicable regulatory authorities;
ii. (c) Submit special payee checks information from checks, outgoing wires and systematic withdrawal files through the OFAC databasedatabase on a daily basis;
iii. (d) Review redemption transactions that occur within thirty (30) days of an account establishment or maintenanceregistration change or banking information change;
iv. (e) Review wires sent pursuant to banking instructions other than those already on file with CFSthe Transfer Agent;
v. (f) Review accounts with small balances followed by large purchases;
vi. (g) Review accounts with frequent activity within a specified date range followed by a large redemption;
vii. On a daily basis, review (h) Review purchase and redemption activity per tax identification number (“TIN”) within each Fund the Trust 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. (i) Monitor and track cash equivalents under $10,000 for a rolling twelve-month period and period; if the threshold is exceeded, file any required reports with the IRS Form 8300 and issue the Shareholder notices as required by the IRS;
x. (j) Compare all new accounts and registration changes through the Transfer Agent’s internal known offenders database and notify the Trust of any match.
(k) Determine when a suspicious activity report (“SAR”) should be filed as required by regulations applicable to mutual funds and funds; prepare and file the SAR. Provide ; provide the Trust with a copy of the SAR within a reasonable time after filing; and notify the Trust if any further communication is received from the U.S. Department of the Treasury or other law enforcement agencies regarding the SARsuch filing;
xi. (l) Compare account information to any FinCEN request received by the Trust and provided to CFS the Transfer Agent pursuant to USA PATRIOT Act Sec. 314(a). Provide the Trust with documents/the necessary information necessary for it to respond to requests under USA PATRIOT Act Sec. 314(a) such request within required time framesframe;
(i) Verify the identity of any person seeking to open an account with each Fundthe Trust, (ii) maintain Maintain records of the information used to verify the person’s identity in accordance with applicable regulationsidentity, as required, and (iii) determine Determine whether the person appears on any lists of known or suspected terrorists or terrorist organizations provided to the Trust by any government agency; (n) Conduct due diligence and if required, and (iv) perform enhanced due diligence in accordance 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
(i31 C.F.R. 103.176(b) Monitor for any suspected money laundering activity with respect to new and existing correspondent accounts for foreign financial institutions (as defined in 31 C.F.R. 103.175). The Transfer Agent will perform an assessment of the money laundering risk presented by the account based on a consideration of relevant factors in accordance with applicable law and private banking accounts information provided by the foreign financial institution in a financial institution questionnaire. If an account is determined to have a medium or above risk-ranking, the Transfer Agent will notify the Trust and report any such conduct required by applicable regulations, and (ii) conduct monitor the account on a monthly basis for unusual activity. In the situation where due diligence on private banking accounts in cannot be completed with respect to an account, the event that one or more Funds changes its line of business in a manner that would involve Transfer Agent will contact the establishment or maintenance of such accountsTrust’s AML Officer for further instruction.
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.
Appears in 1 contract
Samples: Transfer Agency and Service Agreement (Highmark Funds /Ma/)
Delegated Duties. 4.1 Consistent with the services provided by CFS the Transfer Agent and with respect to the ownership of Shares in each Portfolio for which the Transfer Agent maintains the applicable shareholder information maintained by CFSShareholder information, CFS the Transfer Agent shall:
i. (a) Submit all new account registrations and registration maintenance transactions changes through the Office of Foreign Assets Control (“OFAC”) database and such other lists or databases of trade restricted individuals as may be required from time to time by applicable regulatory authorities on a daily basis;
(b) Submit all account registrations through OFAC databases and such other lists or entities databases as may be required from time to time by applicable regulatory authorities;
ii. (c) Submit special payee checks information from checks, outgoing wires and systematic withdrawal files through the OFAC databasedatabase on a daily basis;
iii. (d) Review redemption transactions that occur within thirty (30) days of an account establishment or maintenanceregistration change or banking information change;
iv. (e) Review wires sent pursuant to banking instructions other than those already on file with CFSthe Transfer Agent;
v. (f) Review accounts with small balances followed by large purchases;
vi. (g) Review accounts with frequent activity within a specified date range followed by a large redemption;
vii. On a daily basis, review (h) Review purchase and redemption activity per tax identification number (“TIN”) within each the Fund to determine if activity for that TIN exceeded the $100,000 threshold on any given day;
viii. (i) Compare all new accounts and registration maintenance through the Transfer Agent’s “Known Offenders Offenders” database and notify the Trust Fund of any match.;
ix. (j) Monitor and track cash equivalents under $10,000 for a rolling twelve-month period and period; if the threshold is exceeded file any required reports with the IRS Form 8300 and issue the Shareholder notices as required by the IRS;
x. (k) Determine when a suspicious activity report (“SAR”) should be filed as required by regulations applicable to mutual funds funds; notify the Fund, Administrator or its designee immediately upon determination to file SAR and prior to the actual filing; prepare and file the SAR. Provide ; provide the Trust Fund, Administrator or its designee with a copy of the SAR within a reasonable time after filing; and notify the Trust Fund, Administrator or its designee if any further communication is received from the U.S. Department of the Treasury or other law enforcement agencies regarding the SARsuch filing;
xi. (l) Compare account information to any FinCEN request received by the Trust Fund and provided to CFS the Transfer Agent pursuant to USA PATRIOT Act Sec. Section 314(a). Provide the Trust Fund, Administrator or its designee with documents/the necessary information necessary for it to respond to such requests under USA PATRIOT Act Sec. 314(a) within required time framesframe;
(i) Verify the identity of any person seeking to open an account with each Fundthe Fund or a Portfolio in accordance with reasonable procedures as required under the Customer Identification Program regulations, (ii) maintain Maintain records of the information used to verify the person’s identity in accordance with applicable regulationsidentity, as required, and (iii) determine Determine whether the person appears on any lists of known or suspected terrorists or terrorist organizations provided to the Trust Fund by any government agencyagency in accordance with the USA PATRIOT ACT;
(n) Conduct due diligence and if required, and (iv) perform enhanced due diligence in accordance 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
(i31 C.F.R. 103.176(b) Monitor for any suspected money laundering activity with respect to new and existing correspondent accounts for foreign financial institutions (as defined in 31 C.F.R. 103.175). The Transfer Agent will perform an assessment of the money laundering risk presented by the account based on a consideration of relevant factors in accordance with applicable law and private banking information provided by the foreign financial institution in a financial institution questionnaire. After assessing the money laundering risk and determining a risk ranking for the account, the Transfer Agent will notify the Fund’s AML officer of any account with a medium or above risk-ranking. If an account is determined to have a medium or above risk-ranking, the Transfer Agent will monitor the account on a monthly basis for unusual activity. In the situation where due diligence cannot be completed with respect to an account, the Transfer Agent will contact the Fund’s AML officer for further instruction. Upon request by the Fund, Administrator or its designee, the Transfer Agent will generate periodic reports of foreign correspondent accounts and report any such conduct required for review by applicable regulationsthe Fund, and (ii) Administrator or its designee for purposes of compliance with USA PATRIOT Act, Section 312. Upon instructions from the Fund, Administrator or its designee the Transfer Agent will conduct due diligence on private banking for existing accounts selected by the Fund for further review in accordance with the event that one foregoing procedures.
(o) Upon the request by the Fund, Administrator or more Funds changes its line designee, conduct due diligence to determine if the Fund is involved with any foreign jurisdiction, institution, class of business transactions and a type of account designated, from time to time, by the U.S. Department of Justice in a manner that would involve order to identify and take certain “special measures” against such entities as required under Section 311 of the establishment or maintenance of such accountsUSA PATRIOT Act (31 C.F.R. 103.193).
(p) Maintain records for carrying out the delegated duties as set forth above in accordance with applicable laws.
4.2 In the event that CFS the Transfer Agent detects activity as a result of the foregoing procedures, CFS which necessitates the filing by the Transfer Agent of a SAR, a Form 8300 or other similar report or notice to OFAC, then the Transfer Agent shall timely file any required reports, promptly notify appropriate government agencies and also immediately notify the Fund, Administrator or its designee unless prohibited by applicable law.. By: /s/ Xxxxx X. Xxxxxxxx By: /s/ Xxxxxxx Xxx Name: Xxxxx X. Xxxxxxxx Name: Xxxxxxx Xxx Title: Executive Vice President Title: Senior Vice President
A. The Fund shall provide the following information to the Transfer Agent:
1. The name and contact information for the Financial Intermediary, with which the Fund or its agent have a “shareholder information agreement” (under which the Financial Intermediary agrees to provide, at the Fund’s or its agent’s request, identity and transaction information about shareholders who hold their shares of a Portfolio through an account with the Financial Intermediary (an “accountlet”)), that is to receive an information request;
2. The Portfolios to be included, along with each Portfolio’s frequency trading policy, under surveillance for the Financial Intermediary;
3. The frequency of supplemental data requests from the Transfer Agent;
4. The duration of supplemental data requests (e.g. 60 days, 90 days); and
5. The expected turnaround time for a response from the Financial Intermediary to an information request (including requests for supplemental data)
B. Upon receipt of the foregoing information, the Fund hereby authorizes and instructs the Transfer Agent to perform the following Services:
Appears in 1 contract
Samples: Transfer Agency and Service Agreement (Allianz Funds)
Delegated Duties. 4.1 Consistent with the services provided by CFS the Transfer Agent and with respect to the ownership of Shares in each Portfolio for which the Transfer Agent maintains the applicable shareholder information maintained by CFSShareholder information, CFS the Transfer Agent shall:
i. (a) Submit all new account registrations and registration maintenance transactions changes through the Office of Foreign Assets Control (“OFAC”) database and such other lists or databases of trade restricted individuals as may be required from time to time by applicable regulatory authorities on a daily basis;
(b) Submit all account registrations through OFAC databases and such other lists or entities databases as may be required from time to time by applicable regulatory authorities;
ii. (c) Submit special payee checks information from checks, outgoing wires and systematic withdrawal files through the OFAC databasedatabase on a daily basis;
iii. (d) Review redemption transactions that occur within thirty (30) days of an account establishment or maintenanceregistration change or banking information change;
iv. (e) Review wires sent pursuant to banking instructions other than those already on file with CFSthe Transfer Agent;
v. (f) Review accounts with small balances followed by large purchases;
vi. (g) Review accounts with frequent activity within a specified date range followed by a large redemption;
vii. On a daily basis, review (h) Review purchase and redemption activity per tax identification number (“TIN”) within each Fund a Trust to determine if activity for that TIN exceeded the $100,000 threshold on any given day;
viii. (i) Compare all new accounts and registration maintenance through the Transfer Agent’s “Known Offenders Offenders” database and notify the Trust of any match.;
ix. (j) Monitor and track cash equivalents under $10,000 for a rolling twelve-month period and period; if the threshold is exceeded file any required reports with the IRS Form 8300 and issue the Shareholder notices as required by the IRS;
x. (k) Determine when a suspicious activity report (“SAR”) should be filed as required by regulations applicable to mutual funds funds; notify the Trust immediately upon determination to file SAR and prior to the actual filing; prepare and file the SAR. Provide ; provide the Trust with a copy of the SAR within a reasonable time after filing; and notify the Trust if any further communication is received from the U.S. Department of the Treasury or other law enforcement agencies regarding the SARsuch filing;
xi. (l) Compare account information to any FinCEN request received by the Trust and provided to CFS the Transfer Agent pursuant to USA PATRIOT Act Sec. 314(a). Provide the Trust with documents/the necessary information necessary for it to respond to such requests under USA PATRIOT Act Sec. 314(a) within required time framesframe;
(i) Verify the identity of any person seeking to open an account with each Fundthe Trust or a Portfolio in accordance with reasonable procedures as required under the Customer Identification Program regulations, (ii) maintain Maintain records of the information used to verify the person’s identity in accordance with applicable regulationsidentity, as required, and (iii) determine 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 agency in accordance 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.USA PATRIOT ACT;
Appears in 1 contract
Samples: Transfer Agency and Service Agreement (PIMCO Equity Series)
Delegated Duties. 4.1 Consistent with the services provided by CFS FSI and with respect to the applicable shareholder information maintained by CFSFSI, CFS FSI shall:
i. (a) 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. (b) Submit special payee checks through OFAC database;
iii. (c) Review redemption transactions that occur within thirty (30) days of account establishment or maintenance;
iv. (d) Review wires sent pursuant to instructions other than those already on file with CFSFSI;
v. (e) Review accounts with small balances followed by large purchases;
vi. (f) Review accounts with frequent activity within a specified date range followed by a large redemption;
vii. (g) On a daily basis, review purchase and redemption activity per tax identification number (“TIN”) within each the Fund to determine if activity for that TIN exceeded the $100,000 threshold on any given day;
viii. (h) Compare all new accounts and registration maintenance through the Known Offenders database and notify the Trust Company of any match.
ix. (i) 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. (j) 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 Company with a copy of the SAR within a reasonable time after filing; notify the Trust Company if any further communication is received from U.S. Department of the Treasury or other law enforcement agencies regarding the SAR;
xi. (k) Compare account information to any FinCEN request received by the Trust Company and provided to CFS FSI pursuant to USA PATRIOT Act Sec. 314(a). Provide the Trust Company 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 the 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 Company by any government agency, and (iv) perform enhanced due diligence with respect to any investor that CFS FSI 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 the Fund 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 FSI detects activity as a result of the foregoing procedures, CFS FSI shall timely file any required reports, promptly notify appropriate government agencies and also immediately notify the Fund, unless prohibited by applicable law.
Appears in 1 contract
Samples: Transfer Agency and Services Agreement (Z Seven Fund Inc)
Delegated Duties. 4.1 Consistent with the services Services provided by CFS the Transfer Agent and with respect to the beneficial ownership of, and transactions in, interests in the Funds for which the Transfer Agent maintains the applicable shareholder Account Owner and Designated Beneficiary information and for which the transaction information is maintained by CFSon the Transfer Agent’s transfer agent system, CFS the Transfer Agent shall:
i. (a) Submit all new account registrations and registration maintenance transactions changes through the Office of Foreign Assets Control (“OFAC”) database and such other lists or databases of trade restricted individuals as may be required from time to time by applicable regulatory authorities on a daily basis;
(b) Submit all account registrations through OFAC databases and such other lists or entities databases as may be required from time to time by applicable regulatory authorities;
ii. (c) Submit special payee checks information from checks, outgoing wires and systematic withdrawal files through the OFAC databasedatabase on a daily basis;
iii. (d) Review redemption transactions that occur within thirty (30) days of an account establishment or maintenanceregistration change or banking information change;
iv. (e) Review wires sent pursuant to banking instructions other than those already on file with CFSthe Transfer Agent;
v. (f) Review accounts with small balances followed by large purchases;
vi. (g) Review accounts with frequent activity within a specified date range followed by a large redemption;
vii. On a daily basis, review (h) Review purchase and redemption activity per tax identification number (“TIN”) within each the 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. (i) Monitor and track cash equivalents under $10,000 for a rolling twelve-month period and period; if the threshold is exceeded, file any required reports with the IRS Form 8300 and issue the Shareholder notices as required by the IRS;
x. (j) Determine when a suspicious activity report (“SAR”) should be filed as required by regulations applicable to mutual funds and funds; prepare and file the SAR. Provide ; provide the Trust Fund with a copy of the SAR within a reasonable time after filing; and notify the Trust Fund if any further communication is received from the U.S. Department of the Treasury or other law enforcement agencies regarding the SARsuch filing;
xi(k) Compare all new accounts and registration maintenance through the Known Offenders database and notify the Fund of any match. Review accounts to identify those established by Known Offenders attempting fraud and once identified, freeze such accounts;
(l) Compare account information to any FinCEN request received by the Trust Fund and provided to CFS the Transfer Agent pursuant to USA PATRIOT Act Sec. 314(a). Provide the Trust Fund with documents/the necessary information necessary for it to respond to requests under USA PATRIOT Act Sec. 314(a) such request within required time framesframe;
(i) Verify the identity of any person seeking to open an account with each the Fund, (ii) maintain Maintain records of the information used to verify the person’s identity in accordance with applicable regulationsidentity, as required, and (iii) determine Determine whether the person appears on any lists of known or suspected terrorists or terrorist organizations provided to the Trust Fund by any government agency;
(n) Conduct due diligence and if required, and (iv) perform enhanced due diligence in accordance 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
(i31 C.F.R. 103.176(b) Monitor for any suspected money laundering activity with respect to new and existing correspondent accounts for foreign financial institutions (as defined in 31 C.F.R. 103.175). The Transfer Agent will perform an assessment of the money laundering risk presented by the account based on a consideration of relevant factors in accordance with applicable law and private banking accounts and report any such conduct required information provided by applicable regulationsthe foreign financial institution in a financial institution questionnaire. If an account is determined to have a medium or above risk-ranking, and the Transfer Agent will monitor the account on a monthly basis for unusual activity. In the situation where due diligence cannot be completed with respect to an account, the Transfer Agent will contact the Fund’s AML Officer for further instruction.
(iio) Upon the request by the Fund, conduct due diligence on private banking accounts to determine if the Fund is involved with any foreign jurisdiction, institution, class of transactions and a type of account designated, from time to time, by the U.S. Department of Justice in the event that one or more Funds changes its line of business in a manner that would involve the establishment or maintenance of order to identify and take certain “special measures” against such accounts.
4.2 In the event that CFS detects activity entities as a result required under Section 311 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 lawUSA PATRIOT Act (31 C.F.R. 103.193).
Appears in 1 contract
Samples: Transfer Agency and Service Agreement (Tiaa-Cref Funds)
Delegated Duties. 4.1 Consistent with the services provided by CFS the Transfer Agent and with respect to the ownership of Shares in the Fund for which the Transfer Agent maintains the applicable shareholder information maintained by CFSShareholder information, CFS the Transfer Agent shall:
i. (a) Submit all new account registrations and registration maintenance transactions changes through the Office of Foreign Assets Control (“OFAC”) database and such other lists or databases of trade restricted individuals as may be required from time to time by applicable regulatory authorities on a daily basis;
(b) Submit all account registrations through OFAC databases and such other lists or entities databases as may be required from time to time by applicable regulatory authorities;
ii. (c) Submit special payee checks information from checks, outgoing wires and systematic withdrawal files through the OFAC databasedatabase on a daily basis;
iii. (d) Review redemption transactions that occur within thirty (30) days of an account establishment or maintenanceregistration change or banking information change;
iv. (e) Review wires sent pursuant to banking instructions other than those already on file with CFSthe Transfer Agent;
v. (f) Review accounts with small balances followed by large purchases;
vi. (g) Review accounts with frequent activity within a specified date range followed by a large redemption;
vii. On a daily basis, review (h) Review purchase and redemption activity per tax identification number (“TIN”) within each the 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. (i) Monitor and track cash equivalents under $10,000 for a rolling twelve-month period and period; if the threshold is exceeded, file any required reports with the IRS Form 8300 and issue the Shareholder notices as required by the IRS;
x. (j) Determine when a suspicious activity report (“SAR”) should be filed as required by regulations applicable to mutual funds and funds; prepare and file the SAR. Provide ; provide the Trust Fund with a copy of the SAR within a reasonable time after filing; and notify the Trust Fund if any further communication is received from the U.S. Department of the Treasury or other law enforcement agencies regarding the SARsuch filing;
xi. (k) Compare account information to any FinCEN request received by the Trust Fund and provided to CFS the Transfer Agent pursuant to USA PATRIOT Act Sec. 314(a). Provide the Trust Fund with documents/the necessary information necessary for it to respond to requests under USA PATRIOT Act Sec. 314(a) such request within required time framesframe;
(i) Verify the identity of any person seeking to open an account with each the Fund, (ii) maintain Maintain records of the information used to verify the person’s identity in accordance with applicable regulationsidentity, as required, and (iii) determine Determine whether the person appears on any lists of known or suspected terrorists or terrorist organizations provided to the Trust Fund by any government agency;
(m) Conduct due diligence and if required, and (iv) perform enhanced due diligence in accordance 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
(i31 C.F.R. 103.176(b) Monitor for any suspected money laundering activity with respect to new and existing correspondent accounts for foreign financial institutions (as defined in 31 C.F.R. 103.175). The Transfer Agent will perform an assessment of the money laundering risk presented by the account based on a consideration of relevant factors in accordance with applicable law and private banking accounts and report any such conduct required information provided by applicable regulationsthe foreign financial institution in a financial institution questionnaire. If an account is determined to have a medium or above risk-ranking, and the Transfer Agent will monitor the account on a monthly basis for unusual activity. In the situation where due diligence cannot be completed with respect to an account, the Transfer Agent will contact the Fund’s AML Officer for further instruction.
(iin) Upon the request by the Fund, conduct due diligence on private banking accounts to determine if the Fund is involved with any foreign jurisdiction, institution, class of transactions and a type of account designated, from time to time, by the U.S. Department of Justice in order to identify and take certain “special measures” against such entities as required under Section 311 of the event that one or more Funds changes its line of business in a manner that would involve the establishment or maintenance of such accountsUSA PATRIOT Act (31 C.F.R. 103.193).
4.2 In the event that CFS the Transfer Agent detects activity as a result of the foregoing procedures, CFS which necessitates the filing by the Transfer Agent of a SAR, a Form 8300 or other similar report or notice to OFAC, then the Transfer Agent shall timely file any required reports, promptly notify appropriate government agencies and also immediately notify the Fund, unless prohibited by applicable law.. In addition, Transfer Agent agrees to provide to the Fund:
(a) Prompt written notification of any transaction or combination of transactions that Transfer Agent believes, based on the Procedures, evidence money laundering activity in connection with the Fund or any shareholder of the Fund;
(b) Prompt written notification of any customer(s) that Transfer Agent reasonably believes, based upon the procedures of the Transfer Agent, to be engaged in money laundering activity, provided that the Fund agrees not to communicate this information to the customer;
(c) Prompt written notification of any action taken in response to anti-money laundering; and EACH OF THE ENTITIES, INDIVIDUALLY BOSTON FINANCIAL DATA SERVICES, INC. AND NOT JOINTLY, AS LISTED ON SCHEDULE A By: /s/ Xxxxx X. Xxxxxx By: /s/ Xxxxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxxxx Title: President Title: Division Vice President As an Authorized Officer on behalf of each of the Funds indicated on Schedule A Front End Incoming Mail, Cash Processing, and/or Image Distribution All PO Box mail is to be scanned in by 9:00 a.m. except for on days after holidays and all accountable mail (overnights) are to be scanned in by 12:00 p.m. Any box pulls are to be delivered to KC operations area within 24 hours unless the item has to be recalled from our off-site storage facility. All money rescans are completed the same day if received before 3 p.m. and all non-money rescans are completed within 24 hours. PO Box Mail Q1 Q2 Q3 Q4 Count: Days: Delays: Accountable Mail Q1 Q2 Q3 Q4 Count: Days: Delays: Boxpulls Q1 Q2 Q3 Q4 Count: Delays: Rescans Q1 Q2 Q3 Q4 Count: Delays: Q1 Q2 Q3 Q4 Count: Delays: Overall Transaction Processing Processing accuracy results will meet or exceed the annual NQR average benchmark for overall transaction processing. Results will be measured using the BFDS QAT group on a quarterly basis. Processing Accuracy Annual Goal — 96.7%. Q1 Reviewed: Errors Identified: Quality: Q2 Reviewed: Errors Identified: Quality: Q3 Reviewed: Errors Identified: Quality: Q4 Reviewed: Errors Identified: Quality: As-of Reports Quarter over Quarter, the number and type of as-of transactions will be compared. Issue Log Q1 Q2 Q3 Q4 As-of Transactions Q1 Count: Errors: Quality: Q2 Count: Errors: Quality: Q3 Count: Errors: Quality: Q4 Count: Errors: Quality: Dashboard Items The CCO and Operations contacts will receive a complete explanation of exceptions prior to the release of the Dashboard. Dashboard Exceptions Q1 Q2 Q3 Q4 Shareholder Complaints Quarter-over-Quarter, the number and type of written complaints will be reviewed and compared. Written complaints Q1 Q2 Q3 Q4 Ad Hoc Reporting Any ad hoc report produced by BFDS will be accurate. Reporting Accuracy Q1 Q2 Q3 Q4 Count: Errors: Mailings Produced by DST Output/BFDS •1 CDLY •2 Quarterly Statements •3 Tax Forms •4 Regulatory Mailings For Print Mailing, 98% of each type of media in the Print Mailing shall be delivered to the delivery carrier within the stated turnaround schedule or regulatory requirement. The information will be correct. Quarterly statements will be properly linked and messaging will be correct. CDLY Delivered on time Q1 Q2 Q3 Q4 Information correct Q1 Q2 Q3 Q4 Count: Delays: Errors: Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Count: Delays: Errors: Tax Forms Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Delays: Errors: Regulatory Mailings Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Count: Delays: Errors: AWD, Desktop, Software Support, Network Quarterly, the system up time will be 99.9% or better. All scheduled maintenance will be communicated to the client 3 business days prior to being done. System Q1 Q2 Q3 Q4 Hours: Down hrs: Scheduled Maintenance Q1 Q2 Q3 Q4 Incoming Calls 98.75% of calls during the quarter will be answered within 60 seconds. Incoming Calls Q1 Count: > 60 secs: Q2 Count: > 60 secs: Q3 Count: > 60 secs: Q4 Count: > 60 secs:
Appears in 1 contract
Samples: Transfer Agency and Service Agreement (Homestead Funds Inc)
Delegated Duties. 4.1 Consistent with the services provided by CFS the Transfer Agent and with respect to the ownership of shares in the Fund for which the Transfer Agent maintains the applicable shareholder information maintained by CFSinformation, CFS the Transfer Agent shall:: Schedule 1.2(f) - 1
i. (a) 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. (b) Submit special payee checks through OFAC database;
iii. (c) Review redemption transactions that occur within thirty (30) days of account establishment or maintenance;
iv. (d) Review wires sent pursuant to banking instructions other than those already on file with CFSthe Transfer Agent;
v. (e) Review accounts with small balances followed by large purchases;
vi. (f) Review accounts with frequent activity within a specified date range followed by a large redemption;
vii. (g) On a daily basis, review purchase and redemption activity per tax identification number (“"TIN”") within each the 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. (h) Monitor and track cash equivalents under $10,000 for a rolling twelve-month period and file any required reports with the IRS Form 8300 and issue the Shareholder notices required by the IRS;
x. (i) Determine when a suspicious activity report (“"SAR”") should be filed as required by regulations applicable to mutual funds and funds; prepare and file the SAR. Provide the Trust Fund with a copy of the SAR within a reasonable time after filing; notify the Trust Fund if any further communication is received from U.S. Department of the Treasury or other law enforcement agencies regarding the SAR;
xi. (j) Compare account information to any FinCEN request received by the Trust Fund and provided to CFS the Transfer Agent pursuant to USA PATRIOT Act Sec. 314(a). Provide the Trust Fund 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 the Fund, (ii) maintain Maintain records of the information used to verify the person’s 's identity in accordance with applicable regulations, and (iii) determine Determine whether the person appears on any lists of known or suspected terrorists or terrorist terrorists organizations provided to the Trust Fund 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
(il) Monitor Conduct due diligence for any suspected money laundering activity with respect to new correspondent accounts for foreign financial institutions (as defined in 31 C.F.R. 103.175). Denote foreign correspondent accounts with a distinct social code at account set-up when account set-up is performed by the Transfer Agent or, if account set-up is performed by a party other than the Transfer Agent, at such other time as required documentary evidence for a foreign correspondent account is presented in good order to the Transfer Agent. Following the opening of an Schedule 1.2(f) - 2 account for a foreign financial institution or setting up a dealer relationship with a foreign financial institution, the Transfer Agent will perform an assessment of the money laundering risk presented by the account based on a consideration of relevant factors in accordance with applicable law and private banking information provided by the foreign financial institution in a financial institution questionnaire. After assessing the money laundering risk and determining a risk-ranking for the account, the Transfer Agent will notify the Fund's AML Officer of any account with a medium or above risk-ranking to obtain further instruction from the Fund. In the situation where due diligence cannot be completed with respect to an account, the Transfer Agent will contact the Fund's AML Officer for further instruction. For any accounts and report any such conduct required opened for foreign financial institutions, a periodic review of the account activity will be performed by applicable regulationsthe Transfer Agent in order to determine consistency with information obtained about the type, purpose, and (ii) anticipated activity of the account as detailed in the financial institution questionnaire. Upon request by the Fund, generate periodic reports of foreign correspondent accounts for review by the Fund for purposes of compliance with USA PATRIOT Act, Section 312. In accordance with instructions from the Fund, conduct due diligence on private banking for existing accounts selected by the Fund for further review in accordance with the event that one or more Funds changes its line of business in a manner that would involve the establishment or maintenance of such accountsprocedures set forth above.
4.2 In the event that CFS the Transfer Agent detects activity as a result of the foregoing procedures, CFS which necessitates the filing by the Transfer Agent of a SAR, a Form 8300 or other similar report or notice to OFAC, then the Transfer Agent shall timely file any required reports, promptly notify appropriate government agencies and also immediately notify the Fund, unless prohibited by applicable law.. Schedule 1.2(f) - 3 SCHEDULE 1.2(I)
Appears in 1 contract
Samples: Transfer Agency and Service Agreement (Japan Fund Inc)
Delegated Duties. 4.1 Consistent with the services provided by CFS the Transfer Agent and with respect to the ownership of Shares in the Fund for which the Transfer Agent maintains the applicable shareholder information maintained by CFSShareholder information, CFS the Transfer Agent shall:
i. (a) Submit all new account registrations and registration maintenance transactions changes through the Office of Foreign Assets Control (“OFAC”) database and such other lists or databases of trade restricted individuals as may be required from time to time by applicable regulatory authorities on a daily basis;
(b) Submit all account registrations through OFAC databases and such other lists or entities databases as may be required from time to time by applicable regulatory authorities;
ii. (c) Submit special payee checks information from checks, outgoing wires and systematic withdrawal files through the OFAC databasedatabase on a daily basis;
iii. (d) Review redemption transactions that occur within thirty (30) days of an account establishment or maintenanceregistration change or banking information change;
iv. (e) Review wires sent pursuant to banking instructions other than those already on file with CFSthe Transfer Agent;
v. (f) Review accounts with small balances followed by large purchases;
vi. (g) Review accounts with frequent activity within a specified date range followed by a large redemption;
vii. On a daily basis, review (h) Review purchase and redemption activity per tax identification number (“TIN”) within each the 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. (i) Monitor and track cash equivalents under $10,000 for a rolling twelve-month period and period; if the threshold is exceeded, file any required reports with the IRS Form 8300 and issue the Shareholder notices as required by the IRS;
x. (j) Determine when a suspicious activity report (“SAR”) should be filed as required by regulations applicable to mutual funds and funds; prepare and file the SAR. Provide ; provide the Trust Fund with a copy of the SAR within a reasonable time after filing; and notify the Trust Fund if any further communication is received from the U.S. Department of the Treasury or other law enforcement agencies regarding the SARsuch filing;
xi. (k) Compare account information to any FinCEN request received by the Trust Fund and provided to CFS the Transfer Agent pursuant to USA PATRIOT Act Sec. 314(a). Provide the Trust Fund with documents/the necessary information necessary for it to respond to requests under USA PATRIOT Act Sec. 314(a) such request within required time framesframe;
(i) Verify the identity of any person seeking to open an account with each the Fund, (ii) maintain Maintain records of the information used to verify the person’s identity in accordance with applicable regulationsidentity, as required, and (iii) determine Determine whether the person appears on any lists of known or suspected terrorists or terrorist organizations provided to the Trust Fund by any government agency;
(m) Conduct due diligence and if required, and (iv) perform enhanced due diligence in accordance 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
(i31 C.F.R. 103.176(b) Monitor for any suspected money laundering activity with respect to new and existing correspondent accounts for foreign financial institutions (as defined in 31 C.F.R. 103.175). The Transfer Agent will perform an assessment of the money laundering risk presented by the account based on a consideration of relevant factors in accordance with applicable law and private banking accounts and report any such conduct required information provided by applicable regulationsthe foreign financial institution in a financial institution questionnaire. If an account is determined to have a medium or above risk-ranking, and the Transfer Agent will monitor the account on a monthly basis for unusual activity. In the situation where due diligence cannot be completed with respect to an account, the Transfer Agent will contact the Fund’s AML Officer for further instruction.
(iin) Upon the request by the Fund, conduct due diligence on private banking accounts to determine if the Fund is involved with any foreign jurisdiction, institution, class of transactions and a type of account designated, from time to time, by the U.S. Department of Justice in order to identify and take certain “special measures” against such entities as required under Section 311 of the event that one or more Funds changes its line of business in a manner that would involve the establishment or maintenance of such accountsUSA PATRIOT Act (31 C.F.R. 103.193).
4.2 In the event that CFS the Transfer Agent detects activity as a result of the foregoing procedures, CFS which necessitates the filing by the Transfer Agent of a SAR, a Form 8300 or other similar report or notice to OFAC, then the Transfer Agent shall timely file any required reports, promptly notify appropriate government agencies and also immediately notify the Fund, unless prohibited by applicable law.. EACH OF THE ENTITIES, INDIVIDUALLY BOSTON FINANCIAL DATA SERVICES, AND NOT JOINTLY, AS LISTED ON INC. SCHEDULE A By: By: Name: Name: Title: Title: As an Authorized Officer on behalf of each of the Funds indicated on Schedule A
A. The Funds shall provide the following information to the Transfer Agent:
1. The name and contact information for the Financial Intermediary, with which the Funds have a “shareholder information agreement” (under which the Financial Intermediary agrees to provide, at the Fund’s request, identity and transaction information about shareholders who hold their shares through an account with the Financial Intermediary (an “accountlet”)), that is to receive an information request;
2. The Funds to be included, along with each Fund’s frequency trading policy, under surveillance for the Financial Intermediary;
3. The frequency of supplemental data requests from the Transfer Agent;
4. The duration of supplemental data requests (e.g. 60 days, 90 days); and
5. The expected turnaround time for a response from the Financial Intermediary to an information request (including requests for supplemental data)
B. Upon receipt of the foregoing information, the Funds hereby authorize and instruct the Transfer Agent to perform the following Services:
Appears in 1 contract
Samples: Transfer Agency and Service Agreement (IVA Fiduciary Trust)
Delegated Duties. 4.1 Consistent with the services provided by CFS the Transfer Agent and with respect to the ownership of Shares in the Fund for which the Transfer Agent maintains the applicable shareholder information maintained by CFSShareholder information, CFS the Transfer Agent shall:
i. (a) Submit all new account registrations and registration maintenance transactions changes through the Office of Foreign Assets Control (“OFAC”) database and such other lists or databases of trade restricted individuals as may be required from time to time by applicable regulatory authorities on a daily basis;
(b) Submit all account registrations through OFAC databases and such other lists or entities databases as may be required from time to time by applicable regulatory authorities;
ii. (c) Submit special payee checks information from checks, outgoing wires and systematic withdrawal files through the OFAC databasedatabase on a daily basis;
iii. (d) Review redemption transactions that occur within thirty (30) days of an account establishment or maintenanceregistration change or banking information change;
iv. (e) Review wires sent pursuant to banking instructions other than those already on file with CFSthe Transfer Agent;
v. (f) Review accounts with small balances followed by large purchases;
vi. (g) Review accounts with frequent activity within a specified date range followed by a large redemption;
vii. On a daily basis, review (h) Review purchase and redemption activity per tax identification number (“TIN”) within each the 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. (i) Monitor and track cash equivalents under $10,000 for a rolling twelve-month period and period; if the threshold is exceeded, file any required reports with the IRS Form 8300 and issue the Shareholder notices as required by the IRS;
x. (j) Determine when a suspicious activity report (“SAR”) should be filed as required by regulations applicable to mutual funds and funds; prepare and file the SAR. Provide ; provide the Trust Fund with a copy of the SAR within a reasonable time after filing; and notify the Trust Fund if any further communication is received from the U.S. Department of the Treasury or other law enforcement agencies regarding the SARsuch filing;
xi. (k) Compare account information to any FinCEN request received by the Trust Fund and provided to CFS the Transfer Agent pursuant to USA PATRIOT Act Sec. 314(a). Provide the Trust Fund with documents/the necessary information necessary for it to respond to requests under USA PATRIOT Act Sec. 314(a) such request within required time framesframe;
(i) Verify the identity of any person seeking to open an account with each the Fund, (ii) maintain Maintain records of the information used to verify the person’s identity in accordance with applicable regulationsidentity, as required, and (iii) determine Determine whether the person appears on any lists of known or suspected terrorists or terrorist organizations provided to the Trust Fund by any government agency;
(m) Conduct due diligence and if required, and (iv) perform enhanced due diligence in accordance 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
(i31 C.F.R. 103.176(b) Monitor for any suspected money laundering activity with respect to new and existing correspondent accounts for foreign financial institutions (as defined in 31 C.F.R. 103.175). The Transfer Agent will perform an assessment of the money laundering risk presented by the account based on a consideration of relevant factors in accordance with applicable law and private banking accounts and report any such conduct required information provided by applicable regulationsthe foreign financial institution in a financial institution questionnaire. If an account is determined to have a medium or above risk-ranking, and the Transfer Agent will monitor the account on a monthly basis for unusual activity. In the situation where due diligence cannot be completed with respect to an account, the Transfer Agent will contact the Fund’s AML Officer for further instruction.
(iin) Upon the request by the Fund, conduct due diligence on private banking accounts to determine if the Fund is involved with any foreign jurisdiction, institution, class of transactions and a type of account designated, from time to time, by the U.S. Department of Justice in order to identify and take certain “special measures” against such entities as required under Section 311 of the event that one or more Funds changes its line of business in a manner that would involve the establishment or maintenance of such accountsUSA PATRIOT Act (31 C.F.R. 103.193).
4.2 In the event that CFS the Transfer Agent detects activity as a result of the foregoing procedures, CFS which necessitates the filing by the Transfer Agent of a SAR, a Form 8300 or other similar report or notice to OFAC, then the Transfer Agent shall timely file any required reports, promptly notify appropriate government agencies and also immediately notify the Fund, unless prohibited by applicable law.. By: /s/ Xxxxx X. Xxxxxx By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx X. Xxxxxx Name: Xxxxx Xxxxxxxxx Title: Secretary Title: Vice President
A. The Funds shall provide the following information to the Transfer Agent:
1. The name and contact information for the Financial Intermediary, with which the Funds have a “shareholder information agreement” (under which the Financial Intermediary agrees to provide, at the Fund’s request, identity and transaction information about shareholders who hold their shares through an account with the Financial Intermediary (an “accountlet”)), that is to receive an information request;
2. The Funds to be included, along with each Fund’s frequency trading policy, under surveillance for the Financial Intermediary;
3. The frequency of supplemental data requests from the Transfer Agent;
4. The duration of supplemental data requests (e.g. 60 days, 90 days); and
5. The expected turnaround time for a response from the Financial Intermediary to an information request (including requests for supplemental data)
B. Upon receipt of the foregoing information, the Funds hereby authorize and instruct the Transfer Agent to perform the following Services:
Appears in 1 contract
Samples: Transfer Agency and Service Agreement (State Street Institutional Investment Trust)
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 FundTrust, unless prohibited by applicable law.
Appears in 1 contract
Delegated Duties. 4.1 Consistent with the services provided by CFS the Transfer Agent and with respect to the ownership of shares in the Fund for which the Transfer Agent maintains the applicable shareholder information maintained by CFSinformation, CFS the Transfer Agent shall:
i. (a) Submit all new account financial and registration maintenance non-financial 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 (b) Review special payee checks through OFAC database;
iii. (c) Review redemption transactions that occur within thirty (30) days of account establishment or maintenance;; SCHEDULE 1.2(g) AML DELEGATION (CONTINUED)
iv. (d) Review wires sent pursuant to banking instructions other than those already on file with CFSthe Transfer Agent;
v. (e) Review accounts with small balances followed by large purchases;
vi. (f) Review accounts with frequent activity within a specified date range followed by a large redemption;
vii. (g) On a daily basis, review purchase and redemption activity per tax identification number (“"TIN”") within each Fund the Funds 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. (h) Monitor and track cash equivalents under $10,000 for a rolling twelve-month period and file any required reports with the IRS Form 8300 and issue the Shareholder notices required by the IRS;
x. (i) Determine when a suspicious activity report (“"SAR”") should be filed as required by regulations applicable to mutual funds and funds; prepare and file the SAR. Provide the Trust Fund with a copy of the SAR within a reasonable time after filing; notify the Trust Fund if any further communication is received from U.S. Department of the Treasury or other law enforcement agencies regarding the SAR;
xi. (j) Compare account information to any FinCEN request received by the Trust Fund and provided to CFS the Transfer Agent pursuant to USA PATRIOT Act Sec. 314(a). Provide the Trust Fund with documents/information necessary to respond to requests under USA PATRIOT Act Sec. 314(a) within required time frames;; and
(k) (i) Verify verify the identity of any person seeking to open an account with each the Fund, (ii) maintain records of the information used to verify the person’s 's identity in accordance with applicable regulations, and (iii) determine whether the person appears on any lists of known or suspected terrorists or terrorist terrorists organizations provided to the Trust Fund 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 the Transfer Agent detects activity as a result of the foregoing procedures, CFS which necessitates the filing by the Transfer Agent of a SAR, a Form 8300 or other similar report or notice to OFAC, then the Transfer Agent shall timely file any required reports, promptly notify appropriate government agencies and also immediately notify the Fund, unless prohibited by applicable law. GAM FUNDS, INC. STATE STREET BANK AND TRUST COMPANY By:________________________________ By:________________________________ Name: Name: Joseph L. Hooley Title: Title: Executive Vice President SCHEDULE 2.1 THIRD PARTY ADMINISTRATOR(S) PROCEDURES Dated: November 22, 2003
1. On each day on which both the New York Stock Exchange and the Fund are open for business (a "Business Day"), the TPA(s) shall receive, on behalf of and as agent of the Fund, Instructions (as hereinafter defined) from the Plan. Instructions shall mean as to each Fund (i) orders by the Plan for the purchases of Shares, and (ii) requests by the Plan for the redemption of Shares; in each case based on the Plan's receipt of purchase orders and redemption requests by Participants in proper form by the time required by the terms of the Plan, but not later than the time of day at which the net asset value of a Fund is calculated, as described from time to time in that Fund's prospectus. Each Business Day on which the TPA receives Instructions shall be a "Trade Date".
2. The TPA(s) shall communicate the TPA(s)'s acceptance of such Instructions, to the applicable Plan.
3. On the next succeeding Business Day following the Trade Date on which it accepted Instructions for the purchase and redemption of Shares, (TD+1), the TPA(s) shall notify the Transfer Agent of the net amount of such purchases or redemptions, as the case may be, for each of the Plans. In the case of net purchases by any Plan, the TPA(s) shall instruct the Trustees of such Plan to transmit the aggregate purchase price for Shares by wire transfer to the Transfer Agent on (TD+1). In the case of net redemptions by any Plan, the TPA(s) shall instruct the Fund's custodian to transmit the aggregate redemption proceeds for Shares by wire transfer to the Trustees of such Plan on (TD+1). The times at which such notification and transmission shall occur on (TD+1) shall be as mutually agreed upon by each Fund, the TPA(s), and the Transfer Agent.
4. The TPA(s) shall maintain separate records for each Plan, which record shall reflect Shares purchased and redeemed, including the date and price for all transactions, and Share balances. The TPA(s) shall maintain on behalf of each of the Plans a single master account with the Transfer Agent and such account shall be in the name of that Plan, the TPA(s), or the nominee of either thereof as the record owner of Shares owned by such Plan.
Appears in 1 contract
Samples: Transfer Agency and Service Agreement (Gam Funds Inc)
Delegated Duties. 4.1 Consistent with the services provided by CFS the Transfer Agent and with respect to the ownership of shares in each Fund for which the Transfer Agent maintains the applicable shareholder information maintained by CFSinformation, CFS the Transfer Agent shall:
i. (a) Submit all new account names and registration maintenance transactions through name changes against the lists of specially designated nationals, narcotics traffickers and terrorists, and sanctioned countries, governments and regimes, administered by the Department of the Treasury, Office of Foreign Assets Control (“OFAC”) database ). Submit all account names against OFAC updated lists 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 (b) Review special payee checks through OFAC database;
iii. (c) Review redemption transactions that occur within thirty (30) a certain number of days of account establishment or maintenance, as acknowledged and agreed by the parties;
iv. (d) Review wires sent pursuant to banking instructions other than those already on file with CFSthe Transfer Agent;
v. (e) Review accounts with small balances followed by large purchases;
vi. (f) Review accounts with frequent activity within a specified date range followed by a large redemption;
vii. (g) On a daily basis, review purchase and redemption activity per tax identification number (“TIN”) within each Fund the Funds to determine if activity for that TIN exceeded the $100,000 threshold “large transaction” threshold, as acknowledged and agreed by the parties, on any given daya daily basis;
viii. Compare all new accounts and registration maintenance through the Known Offenders database and notify the Trust of any match.
ix. (h) Monitor and track cash equivalents of under $10,000 for a rolling twelve-month period and file any required reports and, in consultation with the Fund’s AML Compliance Officer, file IRS Form 8300, and issue the Shareholder notices required by the IRS. Provide the Fund with a copy of the IRS Form 8300 within a reasonable time after filing; notify the Fund if any communication is received from the government, including the U.S. Department of the Treasury or other law enforcement agencies, regarding the IRS Form 8300;
x. (i) Determine when a suspicious activity report (“SAR”) should be filed as required by regulations applicable to mutual funds and funds; prepare and and, in consultation wit the Fund’s AML Compliance Officer, file the SAR. Provide the Trust Fund with a copy of the SAR within a reasonable time after filing; notify the Trust Fund if any further communication is received from U.S. Department of the Treasury or other law enforcement agencies regarding the SAR;
xi. (j) Compare account information to any FinCEN request received by the Trust Funds and provided to CFS the Transfer Agent pursuant to USA PATRIOT Act Sec. 314(a). Provide the Trust Funds with documents/information necessary to respond to requests under USA PATRIOT Act Sec. 314(a) within required time frames;; and
(k) In accordance with procedures agreed upon by the parties (which may be amended from time to time by mutual agreement of the parties) (i) Verify verify the identity of any person seeking to open an account with each Fundthe Funds, (ii) maintain records of the information used to verify the person’s identity in accordance with applicable regulations, and (iii) determine whether the person appears on any lists of known or suspected terrorists or terrorist terrorists organizations provided to the Trust Funds by any government agency. If Transfer Agent is unable to obtain or verify customer information, 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 notify the Fund’s AML Compliance Officer 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 other officer as may be designated 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 accountsFund.
4.2 In the event that CFS the Transfer Agent detects activity as a result of the foregoing procedures, CFS which necessitates the filing by the Transfer Agent of a SAR, a Form 8300 or other similar report or notice to OFAC, then the Transfer Agent shall timely file any required reports, promptly notify appropriate government agencies and also immediately notify the applicable Fund, unless prohibited by applicable law. Each of the Funds on Schedule A BOSTON FINANCIAL DATA SERVICES, INC. By: By: A duly authorized officer of each such Entity Xxxxxxx Xxx, Senior Vice President
1. On each day on which both the New York Stock Exchange and the Funds are open for business (a “Business Day”), the TPA(s) shall receive, on behalf of and as agent of the Fund, Instructions (as hereinafter defined) from the Plan. Instructions shall mean as to each Fund (i) orders by the Plan for the purchases of Shares, and (ii) requests by the Plan for the redemption of Shares; in each case based on the Plan’s receipt of purchase orders and redemption requests by Participants in proper form by the time required by the terms of the Plan, but not later than the time of day at which the net asset value of a Fund is calculated, as described from time to time in that Fund’s prospectus. Each Business Day on which the TPA receives Instructions shall be a “Trade Date”.
2. The TPA(s) shall communicate the TPA(s)’s acceptance of such Instructions, to the applicable Plan.
3. On the next succeeding Business Day following the Trade Date on which it accepted Instructions for the purchase and redemption of Shares, (TD+1), the TPA(s) shall notify the Transfer Agent of the net amount of such purchases or redemptions, as the case may be, for each of the Plans. In the case of net purchases by any Plan, the TPA(s) shall instruct the Trustees of such Plan to transmit the aggregate purchase price for Shares by wire transfer to the Transfer Agent on (TD+1). In the case of net redemptions by any Plan, the TPA(s) shall instruct the Fund’s custodian to transmit the aggregate redemption proceeds for Shares by wire transfer to the Trustees of such Plan on (TD+1). The times at which such notification and transmission shall occur on (TD+1) shall be as mutually agreed upon by each Fund, the TPA(s), and the Transfer Agent.
4. The TPA(s) shall maintain separate records for each Plan, which record shall reflect Shares purchased and redeemed, including the date and price for all transactions, and Share balances. The TPA(s) shall maintain on behalf of each of the Plans a single master account with the Transfer Agent and such account shall be in the name of that Plan, the TPA(s), or the nominee of either thereof as the record owner of Shares owned by such Plan.
Appears in 1 contract
Samples: Transfer Agency and Service Agreement (Alternative Investment Partners Absolute Return Fund)
Delegated Duties. 4.1 Consistent with the services provided by CFS the Transfer Agent and with respect to the ownership of shares in the Trust for which the Transfer Agent maintains the applicable shareholder information maintained by CFSinformation, CFS the Transfer Agent shall:
i. 1.2 (f) - 1
(a) 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. (b) Submit special payee checks through OFAC database;
iii. (c) Review redemption transactions that occur within thirty (30) days of account establishment or maintenance;
iv. (d) Review wires sent pursuant to banking instructions other than those already on file with CFSthe Transfer Agent;
v. (e) Review accounts with small balances followed by large purchases;
vi. (f) Review accounts with frequent activity within a specified date range followed by a large redemption;
vii. (g) On a daily basis, review purchase and redemption activity per tax identification number (“TIN”) within each Fund the Trust 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. (h) Monitor and track cash equivalents under $10,000 for a rolling twelve-month period and file any required reports with the IRS Form 8300 and issue the Shareholder notices required by the IRS;
x. (i) Determine when a suspicious activity report (“SAR”) should be filed as required by regulations applicable to mutual funds and funds; 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. (j) Compare account information to any FinCEN request received by the Trust and provided to CFS the Transfer Agent 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;; and
(k) (i) Verify the identity of any person seeking to open an account with each Fundthe Trust, (ii) maintain Maintain records of the information used to verify the person’s identity in accordance with applicable regulations, and (iii) determine Determine whether the person appears on any lists of known or suspected terrorists or terrorist terrorists 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.
Appears in 1 contract