Duties as Administrator. Subject to the supervision and direction of the Board of Directors of the Company, TSSG, as Administrator, will use its best judgment in supervising various aspects of the Company's administrative operations and undertakes to perform the following specific services: (a) Maintaining office facilities (which may be in the offices of TSSG or a corporate affiliate); (b) Furnishing statistical and research data, data processing services, clerical services, internal legal, executive and administrative services and stationery and office supplies in connection with the foregoing; (c) Furnishing corporate secretarial services including preparation and distribution of materials for Board of Directors meetings; (d) Assisting in the preparation of the Company's Registration Statement and any Pre-Effective and Post-Effective Amendments to the Company's Registration Statement, Notices of Annual or Special Meetings of Shareholders and Proxy materials relating to such Meetings; (e) Assisting in the determination of the jurisdictions in which the Company's shares will be registered or qualified for sale and, in connection therewith, shall be responsible for the initial registration or qualification and the maintenance of such registration or qualification of such shares for sale under the securities laws of any state. Payment of share registration fees and any fees for qualifying or continuing the qualification of any Fund as a dealer or broker shall be made by that Fund; (f) Providing the services of certain persons who may be appointed as officers of the Company by the Company's Board of Directors; (g) Providing legal advice and counsel to the Company with respect to regulatory matters, including monitoring regulatory and legislative developments which may affect the Company and assisting in the strategic response to such developments, counseling and assisting the Company in routine regulatory examinations or investigations of the Company, and working closely with outside counsel to the Company in response to any litigation or non-routine regulatory matters; (h) Accounting and bookkeeping services (including the maintenance of such accounts, books and records of the Company as may be required by Section 31(a) of the 1940 Act and the rules thereunder and agrees that all records that it maintains for the Company are the property of the Company and further agrees to surrender promptly to the Company any such records at the Company's request); (i) Internal auditing and treasury services; (j) Valuing the Company's assets and calculating the net asset value of the shares of each Fund on each business day; (k) Accumulating information for and, subject to approval by the Company's Treasurer, preparing reports to the Company's shareholders of record and the SEC including, but not necessarily limited to, Annual and Semi-Annual Reports, Semi-Annual Reports on Form N-SAR and Notices pursuant to Rule 24f-2; (l) Reviewing and providing advice and counsel on all sales and advertising materials prepared on behalf of the Company; (m) Preparing, signing and filing the Company's tax returns; (n) Assisting the Adviser, at the Adviser's request, in monitoring and developing compliance procedures for the Company which will include, among other matters, procedures to assist the Adviser in monitoring compliance with each Fund's investment objective, policies, restrictions, tax matters and applicable laws and regulations and performing certain monthly compliance tests; and (o) Preparing and furnishing the Company (at the Company's request) with performance information (including yield and total return information) calculated in accordance with applicable U.S. securities laws and reporting to external databases such information as may reasonably be requested. Without limiting the foregoing services, it is agreed that TSSG will perform the following accounting functions on an ongoing basis: (a) Journalize each Fund's investment, capital share and income and expense activities; (b) Maintain individual ledgers for investment securities; (c) Maintain historical tax lots for each security; (d) Maintain financial records in accordance with the 1940 Act and the Rules and Regulations thereunder; (e) Reconcile on a daily basis cash and on a weekly basi investment balances of the Company with the custodian; (f) Post to and prepare each Fund's Statement of Assets and Liabilities and Statement of Operations; (g) Calculate various contractual expenses (e.g., advisory and administration, transfer agency and custody fees): (h) Monitor the expense accruals and notify Company management of any proposed adjustments; (i) Control all disbursements from the Company and authorize such disbursements upon proper instructions; (j) Calculate capital gains and losses; (k) Determine each Fund's net income; (l) Obtain security market quotes from independent pricing services approved by the Adviser and the Company's Board of Directors, or if such quotes are unavailable, then obtain such prices from the Adviser, and in either case calculate the market value of each Fund's investments; (m) Transmit or mail a copy of the daily portfolio valuation to the Adviser, if requested; (n) Compute the net asset value of each Fund; (o) Compute the Fund's yields, total return, expense ratios, portfolio turnover rate, and portfolio average dollar-weighted maturity; (p) Mark securities to market based upon quotes furnished by the Advixxx, an independent pricing agent approved by the Company's Board of Directors or based upon values derived from yield data relating to classes of instruments obtained from reputable sources, provided that any pricing system based on yield data for selected instruments must be based upon market quotations for sufficient numbers and types of instruments to be a representative sample of each class of instrument held by each Fund, as applicable, both in terms of the types of instruments as well as the differing quality of instruments; (q) Assist in monitoring compliance and assist in the development of compliance procedures for each Fund which will include among other matters, monitoring compliance with each Fund's investment objectives, policies, restrictions, tax matters and applicable laws and regulations; (r) As appropriate, transmit to the Custodian instructions received from the Adviser; (s) Prepare semi-annual financial statements for each Fund, which will include but not be limited to, the following items (the form and content of such statements shall be in accordance with generally accepted accounting principles): Schedule of Investments Statement of Assets and Liabilities Statement of Operations Statement of Changes in Net Assets Cash Statement, if applicable (t) Prepare monthly broker security transactions summaries; (u) Prepare monthly security transaction listings; (v) Supply various Company statistical data as reasonably requested on an ongoing basis; (w) Keep all books and records with respect to the Company's books of account; (x) Keep records of the Company's securities transactions, portfolio valuations and securities positions; and (y) Act as liaison with the Company's independent public accountants and provide account analyses, fiscal year summaries, and other audit related schedules. TSSG will take all reasonable action in the performance of its obligations under this Agreement to assure that the necessary information is made available to such accountants for the expression of their opinions, as such may be required by the Company from time to time. In performing its duties as Administrator of the Company, TSSG (a) will act in accordance with the Articles of Incorporation, By-laws, Prospectus and with the instructions and directions of the Board of Directors of the Company and will conform to and comply with the requirements of the 1940 Act and all other applicable federal or state laws and regulations and (b) will consult with legal counsel to the Company, as necessary and appropriate.
Appears in 1 contract
Duties as Administrator. Subject to the supervision and direction of the Board of Directors Trustees of the CompanyTrust, TSSG, as Administrator, will use its best judgment assist in supervising various aspects of the CompanyTrust's administrative operations and undertakes to perform the following specific services:
(a) Maintaining office facilities (which may be in the offices of TSSG or a corporate affiliate);
(b) Furnishing statistical and research data, data processing services, clerical services, and internal legal, executive and administrative services and stationery and office supplies in connection with the foregoingits services hereunder;
(c) Furnishing corporate secretarial services including preparation and distribution of materials for Board of Directors Trustees meetings;
(d) Assisting in the preparation of the Company's Registration Statement and any Pre-Effective and Post-Effective Amendments to the CompanyTrust's Registration Statement, Notices of Annual or Special Meetings of Shareholders and Proxy materials relating to such Meetings;
(e) Assisting in the determination of the jurisdictions in which the CompanyTrust's shares will be registered or qualified for sale and, in connection therewith, shall be responsible for the initial registration or qualification and the maintenance of such registration or qualification of such shares for fo r sale under the securities laws of any state. Payment of share registration fees and any fees for qualifying or continuing the qualification of any the Fund as a dealer or broker shall be made by that the Fund;
(f) Providing the services of certain persons who may be appointed as officers of the Company Trust by the CompanyTrust's Board of DirectorsTrustees;
(g) Providing legal advice and counsel to the Company Trust with respect to regulatory matters, including monitoring regulatory and legislative developments which may affect the Company Trust and assisting in the strategic response to such developments, counseling and assisting the Company Trust in routine regulatory examinations or investigations of the CompanyTrust, and working closely with outside counsel to the Company Trust in response to any litigation or non-routine regulatory matters;
(h) Accounting and bookkeeping services (including the maintenance of such accounts, books and records of the Company Trust as may be required by Section 31(a) of the 1940 Act and the rules thereunder and agrees that all records that it maintains for the Company are the property of the Company and further agrees to surrender promptly to the Company any such records at the Company's requestthereunder);
(i) Internal auditing and treasury services;
(j) Valuing the CompanyTrust's assets and calculating the net asset value of the shares of each the Fund at the close of regular trading on the New York Stock Exchange on each business dayday (as set forth in the Trust's Prospectus);
(k) Accumulating information for and, subject to approval by the CompanyTrust's Treasurer, preparing reports to the CompanyTrust's shareholders of record and the SEC including, but not necessarily limited to, Annual and Semi-Annual Reports, Semi-Annual Reports on Form N-SAR and Notices pursuant to Rule 24f-2;
(l) Reviewing and providing advice and counsel on all sales and advertising materials prepared on behalf of the CompanyTrust;
(m) Preparing, signing Preparing and filing the CompanyTrust's tax returns;
(n) Assisting the Adviser, at the Adviser's request, in monitoring and developing compliance procedures for the Company Trust which will include, among other matters, procedures to assist the Adviser in monitoring compliance with each the Fund's investment objective, policies, restrictions, tax matters and applicable ap plicable laws and regulations and performing certain monthly compliance tests; and
(o) Preparing and furnishing the Company Trust (at the CompanyTrust's request) with performance information (including yield and total return information) calculated in accordance with applicable U.S. securities laws and reporting to external databases such information as may reasonably be requested. Without limiting the foregoing services, it is agreed that TSSG will perform the following accounting functions on an ongoing basis:
(a) Journalize each Fund's investment, capital share and income and expense activities;
(b) Maintain individual ledgers for investment securities;
(c) Maintain historical tax lots for each security;
(d) Maintain financial records in accordance with the 1940 Act and the Rules and Regulations thereunder;
(e) Reconcile on a daily basis cash and on a weekly basi investment balances of the Company with the custodian;
(f) Post to and prepare each Fund's Statement of Assets and Liabilities and Statement of Operations;
(g) Calculate various contractual expenses (e.g., advisory and administration, transfer agency and custody fees):
(h) Monitor the expense accruals and notify Company management of any proposed adjustments;
(i) Control all disbursements from the Company and authorize such disbursements upon proper instructions;
(j) Calculate capital gains and losses;
(k) Determine each Fund's net income;
(l) Obtain security market quotes from independent pricing services approved by the Adviser and the Company's Board of Directors, or if such quotes are unavailable, then obtain such prices from the Adviser, and in either case calculate the market value of each Fund's investments;
(m) Transmit or mail a copy of the daily portfolio valuation to the Adviser, if requested;
(n) Compute the net asset value of each Fund;
(o) Compute the Fund's yields, total return, expense ratios, portfolio turnover rate, and portfolio average dollar-weighted maturity;
(p) Mark securities to market based upon quotes furnished by the Advixxx, an independent pricing agent approved by the Company's Board of Directors or based upon values derived from yield data relating to classes of instruments obtained from reputable sources, provided that any pricing system based on yield data for selected instruments must be based upon market quotations for sufficient numbers and types of instruments to be a representative sample of each class of instrument held by each Fund, as applicable, both in terms of the types of instruments as well as the differing quality of instruments;
(q) Assist in monitoring compliance and assist in the development of compliance procedures for each Fund which will include among other matters, monitoring compliance with each Fund's investment objectives, policies, restrictions, tax matters and applicable laws and regulations;
(r) As appropriate, transmit to the Custodian instructions received from the Adviser;
(s) Prepare semi-annual financial statements for each Fund, which will include but not be limited to, the following items (the form and content of such statements shall be in accordance with generally accepted accounting principles): Schedule of Investments Statement of Assets and Liabilities Statement of Operations Statement of Changes in Net Assets Cash Statement, if applicable
(t) Prepare monthly broker security transactions summaries;
(u) Prepare monthly security transaction listings;
(v) Supply various Company statistical data as reasonably requested on an ongoing basis;
(w) Keep all books and records with respect to the Company's books of account;
(x) Keep records of the Company's securities transactions, portfolio valuations and securities positions; and
(y) Act as liaison with the Company's independent public accountants and provide account analyses, fiscal year summaries, and other audit related schedules. TSSG will take all reasonable action in the performance of its obligations under this Agreement to assure that the necessary information is made available to such accountants for the expression of their opinions, as such may be required by the Company from time to time. In performing its duties as Administrator of the CompanyTrust, TSSG (a) will act in accordance with the Articles Declaration of IncorporationTrust, By-lawsLaws, Prospectus and with the instructions and directions of the Board of Directors Trustees of the Company Trust and will conform to and comply with the requirements of the 1940 Act and all other applicable federal or state laws and regulations and (b) will consult with legal counsel to the Company, as necessary and appropriateregulations.
Appears in 1 contract
Samples: Administration Agreement (Tomorrow Funds Retirement Trust)
Duties as Administrator. Subject to the supervision and direction of the Board of Directors Trustees of the Company, TSSG, as Administrator, will use its best judgment in supervising various aspects of the Company's administrative operations and undertakes to perform the following specific services:
(a) Maintaining office facilities (which may be in the offices of TSSG or a corporate affiliate);
(b) Furnishing statistical and research data, data processing services, clerical services, internal legal, executive and administrative services and stationery and office supplies in connection with the foregoing;
(c) Furnishing corporate secretarial services including preparation and distribution of materials for Board of Directors Trustees meetings;
(d) Assisting in the preparation of the Company's Registration Statement and any Pre-Effective and Post-Effective Amendments to the Company's Registration Statement, Notices of Annual or Special Meetings of Shareholders and Proxy materials relating to such Meetings;
(e) Assisting in the determination of the jurisdictions in which the Company's shares will be registered or qualified for sale and, in connection therewith, shall be responsible for the initial registration or qualification and the maintenance of such registration or qualification of such shares for sale under the securities laws of any state. Payment of share registration fees and any fees for qualifying or continuing the qualification of any Fund as a dealer or broker shall be made by that Fund;
(f) Providing the services of certain persons who may be appointed as officers of the Company by the Company's Board of DirectorsTrustees;
(g) Providing legal advice and counsel to the Company with respect to regulatory matters, including monitoring regulatory and legislative developments which may affect the Company and assisting in the strategic response to such developments, counseling and assisting the Company in routine regulatory examinations or investigations of the Company, and working closely with outside counsel to the Company in response to any litigation or non-routine regulatory matters;
(h) Accounting and bookkeeping services (including the maintenance of such accounts, books and records of the Company as may be required by Section 31(a) of the 1940 Act and the rules thereunder and agrees that all records that it maintains for the Company are the property of the Company and further agrees to surrender promptly to the Company any such records at the Company's request);
(i) Internal auditing and treasury services;
(j) Valuing the Company's assets and calculating the net asset value of the shares of each Fund on each business day;
(k) Accumulating information for and, subject to approval by the Company's Treasurer, preparing reports to the Company's shareholders of record and the SEC including, but not necessarily limited to, Annual and Semi-Annual Reports, Semi-Semi- Annual Reports on Form N-SAR and Notices pursuant to Rule 24f-2;
(l) Reviewing and providing advice and counsel on all sales and advertising materials prepared on behalf of the Company;
(m) Preparing, signing and filing the Company's tax returns;
(n) Assisting the Adviser, at the Adviser's request, in monitoring and developing compliance procedures for the Company which will include, among other matters, procedures to assist the Adviser in monitoring compliance with each Fund's investment objective, policies, restrictions, tax matters and applicable laws and regulations and performing certain monthly compliance tests; and
(o) Preparing and furnishing the Company (at the Company's request) with performance information (including yield and total return information) calculated in accordance with applicable U.S. securities laws and reporting to external databases such information as may reasonably be requested. Without limiting the foregoing services, it is agreed that TSSG will perform the following accounting functions on an ongoing basis:
(a) Journalize each Fund's investment, capital share and income and expense activities;
(b) Maintain individual ledgers for investment securities;
(c) Maintain historical tax lots for each security;
(d) Maintain financial records in accordance with the 1940 Act and the Rules and Regulations thereunder;
(e) Reconcile on a daily basis cash and on a weekly basi basis investment balances of the Company with the custodian;
(f) Post to and prepare each Fund's Statement of Assets and Liabilities and Statement of Operations;
(g) Calculate various contractual expenses (e.g., advisory and administration, transfer agency and custody fees):
(h) Monitor the expense accruals and notify Company management of any proposed adjustments;
(i) Control all disbursements from the Company and authorize such disbursements upon proper instructions;
(j) Calculate capital gains and losses;
(k) Determine each Fund's net income;
(l) Obtain security market quotes from independent pricing services approved by the Adviser and the Company's Board of DirectorsTrustees, or if such quotes are unavailable, then obtain such prices from the Adviser, and in either case calculate the market value of each Fund's investments;
(m) Transmit or mail a copy of the daily portfolio valuation to the Adviser, if requested;
(n) Compute the net asset value of each Fund;
(o) Compute the Fund's yields, total return, expense ratios, portfolio turnover rate, and portfolio average dollar-dollar- weighted maturity;
(p) Mark Mxxx securities to market based upon quotes furnished by the AdvixxxAdviser, an independent pricing agent approved by the Company's Board of Directors Trustees or based upon values derived from yield data relating to classes of instruments obtained from reputable sources, provided that any pricing system based on yield data for selected instruments must be based upon market quotations for sufficient numbers and types of instruments to be a representative sample of each class of instrument held by each Fund, as applicable, both in terms of the types of instruments as well as the differing quality of instruments;
(q) Assist in monitoring compliance and assist in the development of compliance procedures for each Fund which will include among other matters, monitoring compliance with each Fund's investment objectives, policies, restrictions, tax matters and applicable laws and regulations;
(r) As appropriate, transmit to the Custodian instructions received from the Adviser;
(s) Prepare semi-annual financial statements for each Fund, which will include but not be limited to, the following items (the form and content of such statements shall be in accordance with generally accepted accounting principles): Schedule of Investments Statement of Assets and Liabilities Statement of Operations Statement of Changes in Net Assets Cash Statement, if applicable;
(t) Prepare monthly broker security transactions summaries;
(u) Prepare monthly security transaction listings;
(v) Supply various Company statistical data as reasonably requested on an ongoing basis;
(w) Keep all books and records with respect to the Company's books of account;
(x) Keep records of the Company's securities transactions, portfolio valuations and securities positions; and
(y) Act as liaison with the Company's independent public accountants and provide account analyses, fiscal year summaries, and other audit related schedules. TSSG will take all reasonable action in the performance of its obligations under this Agreement to assure that the necessary information is made available to such accountants for the expression of their opinions, as such may be required by the Company from time to time. In performing its duties as Administrator of the Company, TSSG (a) will act in accordance with the Articles Declaration of IncorporationTrust, By-lawsCode of Regulations, Prospectus and with the instructions and directions of the Board of Directors Trustees of the Company and will conform to and comply with the requirements of the 1940 Act and all other applicable federal or state laws and regulations and (b) will consult with legal counsel to the Company, as necessary and appropriate.
Appears in 1 contract
Duties as Administrator. Subject to the supervision and direction of the Board of Directors Trustees of the Company, TSSGStephens, as Administrator, will use its best judgment assist in supervising various aspects of axxxxxx xf the Company's administrative operations and undertakes to perform the following specific servicesservices from and after the effective date of this Agreement:
(a) Maintaining office facilities (which may be in the offices of TSSG Stephens or a corporate affiliate);
(b) Furnishing statistical Furnishixx xxxxxstical and research data, data processing services, clerical services, and internal legal, executive and administrative services and stationery and office supplies in connection with the foregoing;
(c) Furnishing corporate secretarial services services, including coordinating the preparation and distribution of materials for Board of Directors Trustees' meetings;
(d) Assisting in the preparation of the Company's Registration Statement and any Pre-Effective and Post-Effective Amendments to the Company's Registration Statement, Notices of Annual or Special Meetings of Shareholders and Proxy materials relating to such Meetings;
(e) Assisting in the determination of the jurisdictions in which the Company's shares will be registered or qualified for sale and, in connection therewith, shall be responsible for the initial registration or qualification and the maintenance of such registration or qualification of such shares for sale under the securities laws of any state. Payment of share registration fees and any fees for qualifying or continuing the qualification of any Fund as a dealer or broker shall be made by that Fund;
(f) Providing the services of certain persons who may be appointed as officers of the Company by the Company's Board of DirectorsTrustees;
(ge) Providing Coordinating the provision of legal advice and counsel to the Company with respect to regulatory matters, including monitoring regulatory and legislative developments which may affect the Company and assisting in the strategic response to such developments, counseling and assisting the Company in routine regulatory examinations or investigations of the Company, and working closely with outside counsel to the Company in response to connection with any litigation or non-routine regulatory mattersin which the Company is involved;
(hf) Accounting and bookkeeping services (including Coordinating the maintenance preparation of such accounts, books and records of the Company as may be required by Section 31(a) of the 1940 Act and the rules thereunder and agrees that all records that it maintains for the Company are the property of the Company and further agrees to surrender promptly to the Company any such records at the Company's request);
(i) Internal auditing and treasury services;
(j) Valuing the Company's assets and calculating the net asset value of the shares of each Fund on each business day;
(k) Accumulating information for and, subject to approval by the Company's Treasurer, preparing reports to the Company's shareholders of record and the SEC including, but not necessarily limited to, Annual Reports and Semi-Annual Reports, Semi-Annual Reports to Shareholders and on Form N-SAR and Notices pursuant to Rule 24f-224f-2 under the 1940 Act;
(lg) Reviewing Coordinating the provision of insurance coverage for Director and providing advice Officer Liability and counsel on all sales Fidelity Bond coverage. Stephens will monitor the mandatory fidelity bond requirements pxxxxxxx to Rule 17g-1.
(h) Coordinating with the Company and advertising materials prepared on behalf its Distributor regarding the jurisdictions in which notice filings relating to the Shares of the CompanyFunds shall be made and, in connection therewith, being responsible for these filings and the maintenance of such filings for sale of Shares under the securities laws of any state. Payment of share registration fees and any fees for any Fund as a dealer or broker shall be made or reimbursed by the Company or that Fund, respectively;
(mi) Preparing, signing Preparing and filing on a timely basis various reports, registration statements and post-effective amendments thereto and other documents required by federal, state and other applicable laws and regulations other than those filed or required to be filed by the Adviser, Transfer Agent or Custodian, as needed;
(j) Preparing and filing on a timely basis the Company's tax returnsRule 24f-2 Notice;
(nk) Assisting Monitoring the Adviser, at the Adviser's request, in monitoring development and developing implementation of compliance procedures for the Company which will include, among other matters, procedures to assist the Adviser in monitoring compliance with each Fund's status as a regulated investment company under Sub-Chapter M of the Internal Revenue Code of 1986, as amended, and compliance by each Fund with its investment objective, policies, restrictions, tax matters and applicable laws and regulations and performing certain monthly compliance testsregulations; and
(ol) Preparing and furnishing the Company (at Generally assisting in all aspects of the Company's request) with performance information (including yield and total return information) calculated in accordance with applicable U.S. securities laws and reporting to external databases such information as may reasonably be requestedoperations. Without limiting the foregoing servicesIn performing all services under this Agreement, it is agreed that TSSG will perform the following accounting functions on an ongoing basis:
Stephens shall (a) Journalize each Fund's investment, capital share and income and expense activities;
(b) Maintain individual ledgers for investment securities;
(c) Maintain historical tax lots for each security;
(d) Maintain financial records act in accordance conformity with the Company's Agreemenx xxx Xxclaration of Trust and By-Laws; the 1940 Act, the Investment Advisers Act of 1940 and other applicable laws, as the Rules and Regulations thereunder;
(e) Reconcile on a daily basis cash and on a weekly basi investment balances of the Company with the custodian;
(f) Post same may be amended from time to and prepare each Fund's Statement of Assets and Liabilities and Statement of Operations;
(g) Calculate various contractual expenses (e.g., advisory and administration, transfer agency and custody fees):
(h) Monitor the expense accruals and notify Company management of any proposed adjustments;
(i) Control all disbursements from the Company and authorize such disbursements upon proper instructions;
(j) Calculate capital gains and losses;
(k) Determine each Fund's net income;
(l) Obtain security market quotes from independent pricing services approved by the Adviser time; and the Company's Board of Directors, or if such quotes are unavailable, then obtain such prices from the Adviser, and in either case calculate the market value of each Fund's investments;
(m) Transmit or mail a copy of the daily portfolio valuation to the Adviser, if requested;
(n) Compute the net asset value of each Fund;
(o) Compute the Fund's yields, total return, expense ratios, portfolio turnover rate, and portfolio average dollar-weighted maturity;
(p) Mark securities to market based upon quotes furnished by the Advixxx, an independent pricing agent approved by the Company's Board of Directors or based upon values derived from yield data relating to classes of instruments obtained from reputable sources, provided that any pricing system based on yield data for selected instruments must be based upon market quotations for sufficient numbers and types of instruments to be a representative sample of each class of instrument held by each Fund, as applicable, both in terms of the types of instruments as well as the differing quality of instruments;
(q) Assist in monitoring compliance and assist in the development of compliance procedures for each Fund which will include among other matters, monitoring compliance with each Fund's investment objectives, policies, restrictions, tax matters and applicable laws and regulations;
(r) As appropriate, transmit to the Custodian instructions received from the Adviser;
(s) Prepare semi-annual financial statements for each Fund, which will include but not be limited to, the following items (the form and content of such statements shall be in accordance with generally accepted accounting principles): Schedule of Investments Statement of Assets and Liabilities Statement of Operations Statement of Changes in Net Assets Cash Registration Statement, if applicable
(t) Prepare monthly broker security transactions summaries;
(u) Prepare monthly security transaction listings;
(v) Supply various Company statistical data as reasonably requested on an ongoing basis;
(w) Keep all books and records with respect to the Company's books of account;
(x) Keep records of the Company's securities transactions, portfolio valuations and securities positions; and
(y) Act as liaison with the Company's independent public accountants and provide account analyses, fiscal year summaries, and other audit related schedules. TSSG will take all reasonable action in the performance of its obligations under this Agreement to assure that the necessary information is made available to such accountants for the expression of their opinions, as such Registration Statement may be required by the Company amended from time to time. In performing its duties as Administrator of the Company, TSSG (a) will act in accordance with the Articles of Incorporation, By-laws, Prospectus and with the instructions and directions of the Board of Directors of the Company and will conform to and comply with the requirements of the 1940 Act and all other applicable federal or state laws and regulations and (b) will consult and coordinate with legal counsel to for the Company, as necessary and appropriate, and (c) advise and report to the Company and its legal counsel, as necessary or appropriate, with respect to any compliance or other matters that come to its attention. In connection with its duties under this Paragraph 3, Stephens may, at its own expense, enter into subadministration axxxxxxxxs with other service providers, provided that each such service provider agrees with Stephens to comply with all relevant provisions of the 1940 Act xxx xxxxicable rules and regulations thereunder. Stephens will provide the Company with a copy of each subadminisxxxxxxx agreement it executes relating to the Company. Stephens will be liable for acts or omissions of any such subadmxxxxxxxxors under the standards of care provided herein under Paragraph 5. In addition to the services specifically identified above, Stephens shall coordinate the provision of services to the Compaxx xx xxher service providers, as needed.
Appears in 1 contract
Samples: Administration Agreement (Hotchkis & Wiley Funds /De/)
Duties as Administrator. Subject to the supervision and direction of the Board of Directors of the Company, TSSGFDISG, as Administrator, will use its best judgment in supervising various aspects of the Company's administrative operations and undertakes to perform the following specific services:
(a) Maintaining office facilities (which may be in the offices of TSSG FDISG or a corporate affiliate);
(b) Furnishing statistical and research data, data processing services, clerical services, internal legal, executive and administrative services and stationery and office supplies in connection with the foregoing;
(c) Furnishing corporate secretarial services including preparation and distribution of materials for Board of Directors meetings;
(d) Assisting in the preparation of the Company's Registration Statement and any Pre-Effective and Post-Effective Amendments to the Company's Registration Statement, Notices of Annual or Special Meetings of Shareholders and Proxy materials relating to such Meetings;
(e) Assisting in the determination of the jurisdictions in which the Company's shares will be registered or qualified for sale and, in connection therewith, shall be responsible for the initial registration or qualification and the maintenance of such registration or qualification of such shares for sale under the securities laws of any state. Payment of share registration fees and any fees for qualifying or continuing the qualification of any Fund as a dealer or broker shall be made by that Fund;
(f) Providing the services of certain persons who may be appointed as officers of the Company by the Company's Board of Directors;
(g) Providing legal advice and counsel to the Company with respect to regulatory matters, including monitoring regulatory and legislative developments which may affect the Company and assisting in the strategic response to such developments, counseling and assisting the Company in routine regulatory examinations or investigations of the Company, and working closely with outside counsel to the Company in response to any litigation or non-routine regulatory matters;
(h) Accounting and bookkeeping services (including the maintenance of such accounts, books and records of the Company as may be required by Section 31(a) of the 1940 Act and the rules thereunder and agrees that all records that it maintains for the Company are the property of the Company and further agrees to surrender promptly to the Company any such records at the Company's request);
(i) Internal auditing and treasury services;
(j) Valuing the Company's assets and calculating the net asset value of the shares of each Fund on each business day;
(k) Accumulating information for and, subject to approval by the Company's Treasurer, preparing reports to the Company's shareholders of record and the SEC including, but not necessarily limited to, Annual and Semi-Annual Reports, Semi-Annual Reports on Form N-SAR and Notices pursuant to Rule 24f-2;
(l) Reviewing and providing advice and counsel on all sales and advertising materials prepared on behalf of the Company;
(m) Preparing, signing and filing the Company's tax returns;
(n) Assisting the Adviser, at the Adviser's its request, in monitoring and developing compliance procedures for the Company which will include, among other matters, procedures to assist the Adviser them in monitoring compliance with each Fund's investment objective, policies, restrictions, tax matters and applicable laws and regulations and performing certain monthly compliance tests; and
(o) Preparing and furnishing the Company (at the Company's request) with performance information (including yield and total return information) calculated in accordance with applicable U.S. securities laws and reporting to external databases such information as may reasonably be requested. Without limiting the foregoing services, it is agreed that TSSG FDISG will perform the following accounting functions on an ongoing basis:
(a) Journalize each Fund's investment, capital share and income and expense activities;
(b) Maintain individual ledgers for investment securities;
(c) Maintain historical tax lots for each security;
(d) Maintain financial records in accordance with the 1940 Act and the Rules and Regulations thereunder;
(e) Reconcile on a daily basis cash and on a weekly basi basis investment balances of c)f the Company with the custodian;:
(f) Post to and prepare each Fund's Statement of Assets and Liabilities and Statement of Operations;
(g) Calculate various contractual expenses (e.g., advisory and administration, transfer agency and custody fees):
(h) Monitor the expense accruals and notify Company management of any proposed adjustments;
(i) Control all disbursements from the Company and authorize such disbursements upon proper instructions;
(j) Calculate capital gains and losses;
(k) Determine each Fund's net income;
(l) Obtain security market quotes from independent pricing services approved by the Adviser and the Company's Board of Directors, or if such quotes are unavailable, then obtain such prices from the Adviser, and in either case calculate the market value of each Fund's investments;
(m) Transmit or mail a copy of the daily portfolio valuation to the Adviser, if requested;
(n) Compute the net asset value of each Fund;
(o) Compute the Fund's yields, total return, expense ratios, portfolio turnover rate, and portfolio average dollar-weighted maturity;
(p) Mark Mxxx securities to market based upon quotes furnished by the AdvixxxAdviser, an independent pricing agent approved by the Company's Board of Directors or based upon values derived from yield data relating to classes of instruments obtained from reputable sources, provided that any pricing system based on yield data for selected instruments must be based upon market quotations for sufficient numbers and types of instruments to be a representative sample of each class of instrument held by each Fund, as applicable, both in terms of the types of instruments as well as the differing quality of instruments;
(q) Assist in monitoring compliance and assist in the development of compliance procedures for each Fund which will include include, among other matters, monitoring compliance with each Fund's investment objectives, policies, restrictions, tax matters and applicable laws and regulations;
(r) As appropriate, transmit to the Custodian instructions received from the Adviser;
(s) Prepare semi-annual financial statements for each Fund, which will include but not be limited to, the following items (the form and content of such statements shall be in accordance with generally accepted accounting principles): Schedule of Investments Statement of Assets and Liabilities Statement of Operations Statement of Changes in Net Assets Cash Statement, if applicable;
(t) Prepare monthly broker security transactions summaries;
(u) Prepare monthly security transaction listings;
(v) Supply various Company statistical data date as reasonably requested on an ongoing basis;
(w) Keep all books and records with respect to the Company's books of account;
(x) Keep records of the Company's securities transactions, portfolio valuations and securities positions; and
(y) Act as liaison with the Company's independent public accountants and provide account analyses, fiscal year summaries, and other audit related schedules. TSSG FDISG will take all reasonable action in the performance of its obligations under this Agreement to assure that the necessary information is made available to such accountants for the expression of their opinions, as such may be required by the Company from time to time. In performing its duties as Administrator of the Company, TSSG FDISG (a) will act in accordance with the Articles of Incorporation, By-lawsLaws, Prospectus and with the instructions and directions of the Board of Directors of the Company and will conform to and comply with the requirements of the 1940 Act and all other applicable federal or state laws and regulations and (b) will consult with legal counsel to the Company, as necessary and appropriate.
Appears in 1 contract
Duties as Administrator. Subject to the supervision and direction of the Board of Directors Trustees of the CompanyTrust, TSSGHA, as Administratoradministrator, will use its best judgment assist in supervising various aspects of the CompanyTrust's administrative operations and undertakes to perform the following specific services:
(a) Maintaining such office facilities as necessary to provide the services hereafter set forth (which may be in the offices of TSSG HA or a corporate affiliate);
(b) Furnishing non-investment related statistical and research data, data processing services, clerical services, internal legal, executive and administrative services services, and stationery and office supplies in connection with the foregoingits services hereunder;
(c) Furnishing corporate secretarial services including preparation and distribution of materials for Board of Directors Trustees meetings;
(d) Assisting in the preparation of the CompanyTrust's Registration Statement and any Pre-Effective and Post-Effective Amendments to the CompanyTrust's Registration Statementstatement, Notices of Annual or Special Meetings of Shareholders and Proxy materials relating to such Meetings;
(e) Assisting in the preparation of periodic reports to shareholders and regulatory filings;
(f) Assisting in the determination of the jurisdictions in which the CompanyTrust's shares will be registered or qualified for sale and, in connection therewith, shall be responsible for the initial registration or qualification and the maintenance of such registration or qualification of such shares for sale under the securities laws of any state. Payment of share registration fees and any fees for qualifying or continuing the qualification of any Fund as a dealer or broker shall be made by that Fundsale;
(fg) Providing the services of certain persons employed by HA or its affiliates who may be appointed as officers of the Company Trust by the CompanyTrust's Board of DirectorsTrustees;
(gh) Providing legal advice and counsel to Assisting the Company with respect to regulatory matters, including monitoring regulatory and legislative developments which may affect the Company and assisting in the strategic response to such developments, counseling and assisting the Company Trust in routine regulatory examinations or investigations of the CompanyTrust, and working closely with outside counsel to the Company Trust in response to any litigation litigation, investigations or non-routine regulatory matters;
(h) Accounting and bookkeeping services (including the maintenance of such accounts, books and records of the Company as may be required by Section 31(a) of the 1940 Act and the rules thereunder and agrees that all records that it maintains for the Company are the property of the Company and further agrees to surrender promptly to the Company any such records at the Company's request);; and
(i) Internal auditing and treasury services;
(j) Valuing Assisting in the Company's assets and calculating the net asset value preparation of the shares financial statements of each the Fund on each business day;
(k) Accumulating information for and, subject to approval and in coordinating the annual audit of such financial statements by the Company's Treasurer, preparing reports to the Company's shareholders of record and the SEC including, but not necessarily limited to, Annual and Semi-Annual Reports, Semi-Annual Reports on Form N-SAR and Notices pursuant to Rule 24f-2;
(l) Reviewing and providing advice and counsel on all sales and advertising materials prepared on behalf independent auditors of the Company;
(m) Preparing, signing and filing the Company's tax returns;
(n) Assisting the Adviser, at the Adviser's request, in monitoring and developing compliance procedures for the Company which will include, among other matters, procedures to assist the Adviser in monitoring compliance with each Fund's investment objective, policies, restrictions, tax matters and applicable laws and regulations and performing certain monthly compliance tests; and
(o) Preparing and furnishing the Company (at the Company's request) with performance information (including yield and total return information) calculated in accordance with applicable U.S. securities laws and reporting to external databases such information as may reasonably be requested. Without limiting the foregoing services, it is agreed that TSSG will perform the following accounting functions on an ongoing basis:
(a) Journalize each Fund's investment, capital share and income and expense activities;
(b) Maintain individual ledgers for investment securities;
(c) Maintain historical tax lots for each security;
(d) Maintain financial records in accordance with the 1940 Act and the Rules and Regulations thereunder;
(e) Reconcile on a daily basis cash and on a weekly basi investment balances of the Company with the custodian;
(f) Post to and prepare each Fund's Statement of Assets and Liabilities and Statement of Operations;
(g) Calculate various contractual expenses (e.g., advisory and administration, transfer agency and custody fees):
(h) Monitor the expense accruals and notify Company management of any proposed adjustments;
(i) Control all disbursements from the Company and authorize such disbursements upon proper instructions;
(j) Calculate capital gains and losses;
(k) Determine each Fund's net income;
(l) Obtain security market quotes from independent pricing services approved by the Adviser and the Company's Board of Directors, or if such quotes are unavailable, then obtain such prices from the Adviser, and in either case calculate the market value of each Fund's investments;
(m) Transmit or mail a copy of the daily portfolio valuation to the Adviser, if requested;
(n) Compute the net asset value of each Fund;
(o) Compute the Fund's yields, total return, expense ratios, portfolio turnover rate, and portfolio average dollar-weighted maturity;
(p) Mark securities to market based upon quotes furnished by the Advixxx, an independent pricing agent approved by the Company's Board of Directors or based upon values derived from yield data relating to classes of instruments obtained from reputable sources, provided that any pricing system based on yield data for selected instruments must be based upon market quotations for sufficient numbers and types of instruments to be a representative sample of each class of instrument held by each Fund, as applicable, both in terms of the types of instruments as well as the differing quality of instruments;
(q) Assist in monitoring compliance and assist in the development of compliance procedures for each Fund which will include among other matters, monitoring compliance with each Fund's investment objectives, policies, restrictions, tax matters and applicable laws and regulations;
(r) As appropriate, transmit to the Custodian instructions received from the Adviser;
(s) Prepare semi-annual financial statements for each Fund, which will include but not be limited to, the following items (the form and content of such statements shall be in accordance with generally accepted accounting principles): Schedule of Investments Statement of Assets and Liabilities Statement of Operations Statement of Changes in Net Assets Cash Statement, if applicable
(t) Prepare monthly broker security transactions summaries;
(u) Prepare monthly security transaction listings;
(v) Supply various Company statistical data as reasonably requested on an ongoing basis;
(w) Keep all books and records with respect to the Company's books of account;
(x) Keep records of the Company's securities transactions, portfolio valuations and securities positions; and
(y) Act as liaison with the Company's independent public accountants and provide account analyses, fiscal year summaries, and other audit related schedules. TSSG will take all reasonable action in the performance of its obligations under this Agreement to assure that the necessary information is made available to such accountants for the expression of their opinions, as such may be required by the Company from time to timeTrust. In performing its duties as Administrator administrator of the CompanyTrust, TSSG (a) HA will act in accordance with the Articles Declaration of IncorporationTrust, By-lawsLaws, Prospectus of the Fund and with the instructions and directions of the Board of Directors Trustees of the Company Trust and will conform to and comply with the requirements of the 1940 Act and the rules thereunder and all other applicable federal or state laws and regulations and (b) will consult with legal counsel to the Company, as necessary and appropriateregulations.
Appears in 1 contract
Samples: Administration Agreement (Hewitt Money Market Fund)
Duties as Administrator. Subject to the supervision and direction of the Board of Directors Trustees of the CompanyTrust, TSSGXxxxxxxx, as Administrator, will use its best judgment assist in supervising various aspects of the CompanyTrust's administrative operations and undertakes to perform the following specific services:services from and after the effective date of this Agreement.
(a) Maintaining office facilities (which may be in the offices of TSSG Xxxxxxxx or a corporate affiliate);
(b) Furnishing statistical and research data, data processing services, clerical services, and internal legal, executive and administrative services and stationery and office supplies in connection with the foregoing;
(c) Furnishing corporate secretarial services services, including coordinating the preparation and distribution of materials for Board of Directors Trustees meetings;
(d) Assisting in Providing the preparation services of certain persons who may be appointed as officers of the CompanyTrust by the Trust's Registration Statement and any Pre-Effective and Post-Effective Amendments to the Company's Registration Statement, Notices Board of Annual or Special Meetings of Shareholders and Proxy materials relating to such MeetingsTrustees;
(e) Assisting Coordinating the provision of legal advice and counsel to the Trust with respect to regulatory matters, including monitoring regulatory and legislative developments which may affect the Trust and assisting in the determination strategic response to such developments, counseling and assisting the Trust in routine regulatory examinations or investigations of the Trust, and working closely with outside counsel to the Trust in connection with any litigation in which the Trust is involved;
(f) Coordinating the preparation of reports to the Trust's shareholders of record and the SEC including, but not necessarily limited to, Annual Reports and Semi-Annual Reports to Shareholders and on Form N-SAR and Notices pursuant to Rule 24f-2 under the 1940 Act;
(g) Coordinating with the Trust and its Distributor regarding the jurisdictions in which the Company's shares will Shares of the Trust shall be registered or qualified for sale and, in connection therewith, shall be being responsible for the initial registration or qualification and the maintenance of such registration or qualification of such shares Shares for sale under the securities laws of any state. Payment of share registration fees and any fees for qualifying or continuing the qualification of the Trust or any Fund as a dealer or broker shall be made or reimbursed by the Trust or that Fund;
(f) Providing the services of certain persons who may be appointed as officers of the Company by the Company's Board of Directors;
(g) Providing legal advice and counsel to the Company with respect to regulatory matters, including monitoring regulatory and legislative developments which may affect the Company and assisting in the strategic response to such developments, counseling and assisting the Company in routine regulatory examinations or investigations of the Company, and working closely with outside counsel to the Company in response to any litigation or non-routine regulatory mattersrespectively;
(h) Accounting Preparing and bookkeeping services (including the maintenance of such accountsfiling on a timely basis various reports, books registration statements and records of the Company as may be post-effective amendments thereto and other documents required by Section 31(a) of federal, state and other applicable laws and regulations other than those filed or required to be filed by the 1940 Act and the rules thereunder and agrees that all records that it maintains for the Company are the property of the Company and further agrees to surrender promptly to the Company any such records at the Company's request)Adviser, Boston Advisors, Transfer Agent or Custodian;
(i) Internal auditing Preparing and treasury servicesfiling on a timely basis the Trust's Rule 24f-2 Notice;
(j) Valuing Monitoring the Company's assets development and calculating the net asset value implementation of the shares of each Fund on each business day;
(k) Accumulating information for and, subject to approval by the Company's Treasurer, preparing reports to the Company's shareholders of record and the SEC including, but not necessarily limited to, Annual and Semi-Annual Reports, Semi-Annual Reports on Form N-SAR and Notices pursuant to Rule 24f-2;
(l) Reviewing and providing advice and counsel on all sales and advertising materials prepared on behalf of the Company;
(m) Preparing, signing and filing the Company's tax returns;
(n) Assisting the Adviser, at the Adviser's request, in monitoring and developing compliance procedures for the Company Trust which will include, among other matters, procedures to assist the Adviser in monitoring compliance with each Fund's status as a regulated investment company under Sub-Chapter M of the Internal Revenue Code of 1986, as amended, and compliance by each Fund with its investment objective, policies, restrictions, tax matters and applicable laws and regulations and performing certain monthly compliance testsregulations; and
(ok) Preparing and furnishing Generally assisting in all aspects of the Company (at the CompanyTrust's request) with performance information (including yield and total return information) calculated in accordance with applicable U.S. securities laws and reporting to external databases such information as may reasonably be requestedoperations. Without limiting the foregoing servicesIn performing all services under this Agreement, it is agreed that TSSG will perform the following accounting functions on an ongoing basis:
Xxxxxxxx shall (a) Journalize each Fund's investment, capital share and income and expense activities;
(b) Maintain individual ledgers for investment securities;
(c) Maintain historical tax lots for each security;
(d) Maintain financial records act in accordance conformity with the Trust's Declaration of Trust and Code of Regulation; the 1940 Act, the Investment Advisers Act of 1940 and the Rules and Regulations thereunder;
(e) Reconcile on a daily basis cash and on a weekly basi investment balances of the Company with the custodian;
(f) Post to and prepare each Fund's Statement of Assets and Liabilities and Statement of Operations;
(g) Calculate various contractual expenses (e.g., advisory and administration, transfer agency and custody fees):
(h) Monitor the expense accruals and notify Company management of any proposed adjustments;
(i) Control all disbursements from the Company and authorize such disbursements upon proper instructions;
(j) Calculate capital gains and losses;
(k) Determine each Fund's net income;
(l) Obtain security market quotes from independent pricing services approved by the Adviser and the Company's Board of Directors, or if such quotes are unavailable, then obtain such prices from the Adviser, and in either case calculate the market value of each Fund's investments;
(m) Transmit or mail a copy of the daily portfolio valuation to the Adviser, if requested;
(n) Compute the net asset value of each Fund;
(o) Compute the Fund's yields, total return, expense ratios, portfolio turnover rate, and portfolio average dollar-weighted maturity;
(p) Mark securities to market based upon quotes furnished by the Advixxx, an independent pricing agent approved by the Company's Board of Directors or based upon values derived from yield data relating to classes of instruments obtained from reputable sources, provided that any pricing system based on yield data for selected instruments must be based upon market quotations for sufficient numbers and types of instruments to be a representative sample of each class of instrument held by each Fundother applicable laws, as applicable, both in terms of the types of instruments as well as the differing quality of instruments;
(q) Assist in monitoring compliance and assist in the development of compliance procedures for each Fund which will include among other matters, monitoring compliance with each Fund's investment objectives, policies, restrictions, tax matters and applicable laws and regulations;
(r) As appropriate, transmit to the Custodian instructions received from the Adviser;
(s) Prepare semi-annual financial statements for each Fund, which will include but not be limited to, the following items (the form and content of such statements shall be in accordance with generally accepted accounting principles): Schedule of Investments Statement of Assets and Liabilities Statement of Operations Statement of Changes in Net Assets Cash Statement, if applicable
(t) Prepare monthly broker security transactions summaries;
(u) Prepare monthly security transaction listings;
(v) Supply various Company statistical data as reasonably requested on an ongoing basis;
(w) Keep all books and records with respect to the Company's books of account;
(x) Keep records of the Company's securities transactions, portfolio valuations and securities positions; and
(y) Act as liaison with the Company's independent public accountants and provide account analyses, fiscal year summaries, and other audit related schedules. TSSG will take all reasonable action in the performance of its obligations under this Agreement to assure that the necessary information is made available to such accountants for the expression of their opinions, as such same may be required by the Company amended from time to time; and the Trust's Registration Statement, as such Registration Statement may be amended from time to time, (b) consult and coordinate with legal counsel for the Trust, as necessary and appropriate, and (c) advise and report to the Trust and its legal counsel, as necessary or appropriate, with respect to any compliance or other matters that come to its attention. In performing connection with its duties as Administrator of the Companyunder this Paragraph 3, TSSG (a) will act in accordance Xxxxxxxx may, at its own expense, enter into subadministration agreements with the Articles of Incorporationother service providers, By-laws, Prospectus and provided that each such service provider agrees with the instructions and directions of the Board of Directors of the Company and will conform Xxxxxxxx to and comply with the requirements all relevant provisions of the 1940 Act and all other applicable federal or state laws rules and regulations and (b) thereunder. Xxxxxxxx will consult provide the Trust with legal counsel a copy of each subadministration agreement it executes relating to the CompanyTrust. Xxxxxxxx will be liable for acts or omissions of any such subadministrators under the standards of care provided herein under Paragraph 5. In addition to the services specifically identified above, as necessary Xxxxxxxx shall coordinate the provision of services to the Trust by Boston Advisors, the Transfer Agent and appropriatethe Custodian.
Appears in 1 contract
Duties as Administrator. Subject to the supervision and direction of the Board of Directors Trustees of the CompanyTrust, TSSGXxxxxxxx, as Administrator, will use its best judgment assist in supervising various aspects of the CompanyTrust's administrative operations and undertakes to perform the following specific servicesservices from and after the effective date of this Agreement:
(a) Maintaining maintaining office facilities (which may be in the offices of TSSG Xxxxxxxx or a corporate affiliate);
(b) Furnishing furnishing statistical and research data, data processing services, clerical services, and internal legal, executive and administrative services and stationery and office supplies in connection with the foregoing;
(c) Furnishing furnishing corporate secretarial services services, including coordinating the preparation and distribution of materials for Board of Directors Trustees' meetings;
(d) Assisting in providing the preparation services of certain persons who may be appointed as officers of the CompanyTrust by the Trust's Registration Statement and any Pre-Effective and Post-Effective Amendments to the Company's Registration Statement, Notices Board of Annual or Special Meetings of Shareholders and Proxy materials relating to such MeetingsTrustees;
(e) Assisting coordinating the provision of legal advice and counsel to the Trust with respect to regulatory matters, including monitoring regulatory and legislative developments which may affect the Trust and assisting in the determination strategic response to such developments, counseling and assisting the Trust in routine regulatory examinations or investigations of the Trust, and working closely with outside counsel to the Trust in connection with any litigation in which the Trust is involved;
(f) coordinating the preparation of reports to the Trust's shareholders of record and the SEC including, but not necessarily limited to, Annual Reports and Semi-Annual Reports to Shareholders and on Form N-SAR and Notices pursuant to Rule 24f-2 under the 1940 Act;
(g) coordinating with the Trust and its Distributor regarding the jurisdictions in which the Company's shares will Shares of the Trust shall be registered or qualified for sale and, in connection therewith, shall be being responsible for the initial registration or qualification and the maintenance of such registration or qualification of such shares Shares for sale under the securities laws of any state. Payment of share registration fees and any fees for qualifying or continuing the qualification of the Trust or any Fund Portfolio as a dealer or broker shall be made by that Fund;
(f) Providing the services of certain persons who may be appointed as officers of the Company or reimbursed by the Company's Board of Directors;
(g) Providing legal advice and counsel to the Company with respect to regulatory mattersTrust or that Portfolio, including monitoring regulatory and legislative developments which may affect the Company and assisting in the strategic response to such developments, counseling and assisting the Company in routine regulatory examinations or investigations of the Company, and working closely with outside counsel to the Company in response to any litigation or non-routine regulatory mattersrespectively;
(h) Accounting preparing and bookkeeping services (including the maintenance of such accountsfiling on a timely basis various reports, books registration statements and records of the Company as may be post-effective amendments thereto and other documents required by Section 31(a) of federal, state and other applicable laws and regulations other than those filed or required to be filed by the 1940 Act and the rules thereunder and agrees that all records that it maintains for the Company are the property of the Company and further agrees to surrender promptly to the Company any such records at the Company's request)Adviser, First Data, Transfer Agent or Custodian;
(i) Internal auditing preparing and treasury servicesfiling on a timely basis the Trust's Rule 24f-2 Notice;
(j) Valuing monitoring the Company's assets development and calculating the net asset value implementation of the shares of each Fund on each business day;
(k) Accumulating information for and, subject to approval by the Company's Treasurer, preparing reports to the Company's shareholders of record and the SEC including, but not necessarily limited to, Annual and Semi-Annual Reports, Semi-Annual Reports on Form N-SAR and Notices pursuant to Rule 24f-2;
(l) Reviewing and providing advice and counsel on all sales and advertising materials prepared on behalf of the Company;
(m) Preparing, signing and filing the Company's tax returns;
(n) Assisting the Adviser, at the Adviser's request, in monitoring and developing compliance procedures for the Company Trust which will include, among other matters, procedures to assist monitoring each Portfolio's status as a regulated investment company under Sub-Chapter M of the Adviser in monitoring Internal Revenue Code of 1986, as amended, and compliance by each Portfolio with each Fund's its investment objective, policies, restrictions, tax matters and applicable laws and regulations and performing certain monthly compliance testsregulations; and
(ok) Preparing and furnishing generally assisting in all aspects of the Company (at the CompanyTrust's request) with performance information (including yield and total return information) calculated in accordance with applicable U.S. securities laws and reporting to external databases such information as may reasonably be requestedoperations. Without limiting the foregoing servicesIn performing all services under this Agreement, it is agreed that TSSG will perform the following accounting functions on an ongoing basis:
Xxxxxxxx shall (a) Journalize each Fund's investment, capital share and income and expense activities;
(b) Maintain individual ledgers for investment securities;
(c) Maintain historical tax lots for each security;
(d) Maintain financial records act in accordance conformity with the Trust's Declaration of Trust and Bylaws; the 1940 Act, the Investment Advisers Act of 1940 and the Rules and Regulations thereunder;
(e) Reconcile on a daily basis cash and on a weekly basi investment balances of the Company with the custodian;
(f) Post to and prepare each Fund's Statement of Assets and Liabilities and Statement of Operations;
(g) Calculate various contractual expenses (e.g., advisory and administration, transfer agency and custody fees):
(h) Monitor the expense accruals and notify Company management of any proposed adjustments;
(i) Control all disbursements from the Company and authorize such disbursements upon proper instructions;
(j) Calculate capital gains and losses;
(k) Determine each Fund's net income;
(l) Obtain security market quotes from independent pricing services approved by the Adviser and the Company's Board of Directors, or if such quotes are unavailable, then obtain such prices from the Adviser, and in either case calculate the market value of each Fund's investments;
(m) Transmit or mail a copy of the daily portfolio valuation to the Adviser, if requested;
(n) Compute the net asset value of each Fund;
(o) Compute the Fund's yields, total return, expense ratios, portfolio turnover rate, and portfolio average dollar-weighted maturity;
(p) Mark securities to market based upon quotes furnished by the Advixxx, an independent pricing agent approved by the Company's Board of Directors or based upon values derived from yield data relating to classes of instruments obtained from reputable sources, provided that any pricing system based on yield data for selected instruments must be based upon market quotations for sufficient numbers and types of instruments to be a representative sample of each class of instrument held by each Fundother applicable laws, as applicable, both in terms of the types of instruments as well as the differing quality of instruments;
(q) Assist in monitoring compliance and assist in the development of compliance procedures for each Fund which will include among other matters, monitoring compliance with each Fund's investment objectives, policies, restrictions, tax matters and applicable laws and regulations;
(r) As appropriate, transmit to the Custodian instructions received from the Adviser;
(s) Prepare semi-annual financial statements for each Fund, which will include but not be limited to, the following items (the form and content of such statements shall be in accordance with generally accepted accounting principles): Schedule of Investments Statement of Assets and Liabilities Statement of Operations Statement of Changes in Net Assets Cash Statement, if applicable
(t) Prepare monthly broker security transactions summaries;
(u) Prepare monthly security transaction listings;
(v) Supply various Company statistical data as reasonably requested on an ongoing basis;
(w) Keep all books and records with respect to the Company's books of account;
(x) Keep records of the Company's securities transactions, portfolio valuations and securities positions; and
(y) Act as liaison with the Company's independent public accountants and provide account analyses, fiscal year summaries, and other audit related schedules. TSSG will take all reasonable action in the performance of its obligations under this Agreement to assure that the necessary information is made available to such accountants for the expression of their opinions, as such same may be required by the Company amended from time to time; and the Trust's Registration Statement, as such Registration Statement may be amended from time to time, (b) consult and coordinate with legal counsel for the Trust, as necessary and appropriate, and (c) advise and report to the Trust and its legal counsel, as necessary or appropriate, with respect to any compliance or other matters that come to its attention. In performing connection with its duties as Administrator of the Companyunder this Paragraph 3, TSSG (a) will act in accordance Xxxxxxxx may, at its own expense, enter into sub-administration agreements with the Articles of Incorporationother service providers, By-laws, Prospectus and provided that each such service provider agrees with the instructions and directions of the Board of Directors of the Company and will conform Xxxxxxxx to and comply with the requirements all relevant provisions of the 1940 Act and all other applicable federal or state laws rules and regulations and (b) thereunder. Xxxxxxxx will consult provide the Trust with legal counsel a copy of each sub-administration agreement it executes relating to the CompanyTrust. Xxxxxxxx will be liable for acts or omissions of any such sub-administrators under the standards of care provided herein under Paragraph 5. In addition to the services specifically identified above, as necessary Xxxxxxxx shall coordinate the provision of services to the Trust by First Data, the Transfer Agent and appropriatethe Custodian.
Appears in 1 contract
Duties as Administrator. Subject to the supervision and direction of the Board of Directors Trustees of the CompanyCapitol Funds, TSSGXxxxxxxx, as Administrator, will use its best judgment assist in supervising various aspects of the Company's Capitol Funds' administrative operations and undertakes to perform the following specific servicesservices from and after the effective date of this Agreement:
(a) Maintaining office facilities (which may be in the offices of TSSG Xxxxxxxx or a corporate affiliate);
(b) Furnishing statistical and research data, data processing services, clerical services, and internal legal, executive and administrative services and stationery and office supplies in connection with the foregoing;
(c) Furnishing corporate secretarial services services, including coordinating the preparation and distribution of materials for Board of Directors Trustees meetings;
(d) Assisting in Providing the preparation services of the Company's Registration Statement and any Pre-Effective and Post-Effective Amendments to the Company's Registration Statement, Notices certain persons who may be appointed as officers of Annual or Special Meetings Capitol Funds by Capitol Funds' Board of Shareholders and Proxy materials relating to such MeetingsTrustees;
(e) Assisting Coordinating the provision of legal advice and counsel to Capitol Funds with respect to regulatory matters, including monitoring regulatory and legislative developments which may affect Capitol Funds and assisting in the determination strategic response to such developments, counseling and assisting Capitol Funds in routine regulatory examinations or investigations of Capitol Funds, and working closely with outside counsel to Capitol Funds in connection with any litigation in which Capitol Funds is involved;
(f) Coordinating the preparation of reports to Capitol Funds' shareholders of record and the SEC including, but not necessarily limited to, Annual Reports and Semi-Annual Reports to Shareholders and on Form N-SAR and Notices pursuant to Rule 24f-2 under the 1940 Act;
(g) Coordinating with Capitol Funds and its Distributor regarding the jurisdictions in which the Company's shares will Shares of Capitol Funds shall be registered or qualified for sale and, in connection therewith, shall be being responsible for the initial registration or qualification and the maintenance of such registration or qualification of such shares Shares for sale under the securities laws of any state. Payment of share registration fees and any fees for qualifying or continuing the qualification of Capitol Funds or any Fund as a dealer or broker shall be made or reimbursed by Capitol Funds or that Fund;
(f) Providing the services of certain persons who may be appointed as officers of the Company by the Company's Board of Directors;
(g) Providing legal advice and counsel to the Company with respect to regulatory matters, including monitoring regulatory and legislative developments which may affect the Company and assisting in the strategic response to such developments, counseling and assisting the Company in routine regulatory examinations or investigations of the Company, and working closely with outside counsel to the Company in response to any litigation or non-routine regulatory mattersrespectively;
(h) Accounting Preparing and bookkeeping services (including the maintenance of such accountsfiling on a timely basis various reports, books registration statements and records of the Company as may be post-effective amendments thereto and other documents required by Section 31(a) of federal, state and other applicable laws and regulations other than those filed or required to be filed by the 1940 Act and the rules thereunder and agrees that all records that it maintains for the Company are the property of the Company and further agrees to surrender promptly to the Company any such records at the Company's request)Adviser, Boston Advisors, Transfer Agent or Custodian;
(i) Internal auditing Preparing and treasury servicesfiling on a timely basis Capitol Funds' Rule 24f-2 Notice;
(j) Valuing Monitoring the Company's assets development and calculating the net asset value implementation of the shares of each Fund on each business day;
(k) Accumulating information for and, subject to approval by the Company's Treasurer, preparing reports to the Company's shareholders of record and the SEC including, but not necessarily limited to, Annual and Semi-Annual Reports, Semi-Annual Reports on Form N-SAR and Notices pursuant to Rule 24f-2;
(l) Reviewing and providing advice and counsel on all sales and advertising materials prepared on behalf of the Company;
(m) Preparing, signing and filing the Company's tax returns;
(n) Assisting the Adviser, at the Adviser's request, in monitoring and developing compliance procedures for the Company Capitol Funds which will include, among other matters, procedures to assist the Adviser in monitoring compliance with each Fund's status as a regulated investment company under Sub-Chapter M of the Internal Revenue Code of 1986, as amended, and compliance by each Fund with its investment objective, policies, restrictions, tax matters and applicable laws and regulations and performing certain monthly compliance testsregulations; and
(ok) Preparing and furnishing the Company (at the Company's request) with performance information (including yield and total return information) calculated Generally assisting in accordance with applicable U.S. securities laws and reporting to external databases such information as may reasonably be requestedall aspects of Capitol Funds' operations. Without limiting the foregoing servicesIn performing all services under this Agreement, it is agreed that TSSG will perform the following accounting functions on an ongoing basis:
Xxxxxxxx shall (a) Journalize each Fund's investment, capital share act in conformity with Capitol Funds' Agreement and income Declaration of Trust and expense activities;
(b) Maintain individual ledgers for investment securities;
(c) Maintain historical tax lots for each security;
(d) Maintain financial records in accordance with the By-Laws; the 1940 Act, the Investment Advisers Act of 1940 and the Rules and Regulations thereunder;
(e) Reconcile on a daily basis cash and on a weekly basi investment balances of the Company with the custodian;
(f) Post to and prepare each Fund's Statement of Assets and Liabilities and Statement of Operations;
(g) Calculate various contractual expenses (e.g., advisory and administration, transfer agency and custody fees):
(h) Monitor the expense accruals and notify Company management of any proposed adjustments;
(i) Control all disbursements from the Company and authorize such disbursements upon proper instructions;
(j) Calculate capital gains and losses;
(k) Determine each Fund's net income;
(l) Obtain security market quotes from independent pricing services approved by the Adviser and the Company's Board of Directors, or if such quotes are unavailable, then obtain such prices from the Adviser, and in either case calculate the market value of each Fund's investments;
(m) Transmit or mail a copy of the daily portfolio valuation to the Adviser, if requested;
(n) Compute the net asset value of each Fund;
(o) Compute the Fund's yields, total return, expense ratios, portfolio turnover rate, and portfolio average dollar-weighted maturity;
(p) Mark securities to market based upon quotes furnished by the Advixxx, an independent pricing agent approved by the Company's Board of Directors or based upon values derived from yield data relating to classes of instruments obtained from reputable sources, provided that any pricing system based on yield data for selected instruments must be based upon market quotations for sufficient numbers and types of instruments to be a representative sample of each class of instrument held by each Fundother applicable laws, as applicable, both in terms of the types of instruments as well as the differing quality of instruments;
(q) Assist in monitoring compliance and assist in the development of compliance procedures for each Fund which will include among other matters, monitoring compliance with each Fund's investment objectives, policies, restrictions, tax matters and applicable laws and regulations;
(r) As appropriate, transmit to the Custodian instructions received from the Adviser;
(s) Prepare semi-annual financial statements for each Fund, which will include but not be limited to, the following items (the form and content of such statements shall be in accordance with generally accepted accounting principles): Schedule of Investments Statement of Assets and Liabilities Statement of Operations Statement of Changes in Net Assets Cash Statement, if applicable
(t) Prepare monthly broker security transactions summaries;
(u) Prepare monthly security transaction listings;
(v) Supply various Company statistical data as reasonably requested on an ongoing basis;
(w) Keep all books and records with respect to the Company's books of account;
(x) Keep records of the Company's securities transactions, portfolio valuations and securities positions; and
(y) Act as liaison with the Company's independent public accountants and provide account analyses, fiscal year summaries, and other audit related schedules. TSSG will take all reasonable action in the performance of its obligations under this Agreement to assure that the necessary information is made available to such accountants for the expression of their opinions, as such same may be required by the Company amended from time to time; and Capitol Funds' Registration Statement, as such Registration Statement may be amended from time to time, (b) consult and coordinate with legal counsel for Capitol Funds, as necessary and appropriate, and (c) advise and report to Capitol Funds and its legal counsel, as necessary or appropriate, with respect to any compliance or other matters that come to its attention. In performing connection with its duties as Administrator of the Companyunder this Paragraph 3, TSSG (a) will act in accordance Xxxxxxxx may, at its own expense, enter into sub-administration agreements with the Articles of Incorporationother service providers, By-laws, Prospectus and provided that each such service provider agrees with the instructions and directions of the Board of Directors of the Company and will conform Xxxxxxxx to and comply with the requirements all relevant provisions of the 1940 Act and all other applicable federal or state laws rules and regulations and (b) thereunder. Xxxxxxxx will consult provide Capitol Funds with legal counsel a copy of each sub-administration agreement it executes relating to Capitol Funds. Xxxxxxxx will be liable for acts or omissions of any such sub-administrators under the standards of care provided herein under Paragraph 5. In addition to the Companyservices specifically identified above, as necessary Xxxxxxxx shall coordinate the provision of services to Capitol Funds by Boston Advisors, the Transfer Agent and appropriatethe Custodian.
Appears in 1 contract
Samples: Administration Agreement (Nations Institutional Reserves)
Duties as Administrator. Subject to the supervision and direction of the Board of Directors Trustees of the CompanyTrust, TSSG, as Administrator, will use its best judgment assist in supervising various aspects of the CompanyTrust's administrative operations and undertakes to perform the following specific services:
(a) Maintaining office facilities (which may be in the offices of TSSG or a corporate affiliate);
(b) Furnishing statistical and research data, data processing services, clerical services, and internal legal, executive and administrative services and stationery and office supplies in connection with the foregoingits services hereunder;
(c) Furnishing corporate secretarial services including preparation and distribution of materials for Board of Directors Trustees meetings;
(d) Assisting in the preparation of the CompanyTrust's Registration Statement and any Pre-Pre- Effective and Post-Effective Amendments to the CompanyTrust's Registration Statement, Notices of Annual or Special Meetings of Shareholders and Proxy materials relating to such Meetings;
(e) Assisting in the determination of the jurisdictions in which the CompanyTrust's shares will be registered or qualified for sale and, in connection therewith, shall be responsible for the initial registration or qualification and the maintenance of such registration or qualification of such shares for sale under the securities laws of any state. Payment of share registration fees and any fees for qualifying or continuing the qualification of any the Fund as a dealer or broker shall be made by that the Fund;
(f) Providing the services of certain persons who may be appointed as officers of the Company Trust by the CompanyTrust's Board of DirectorsTrustees;
(g) Providing legal advice and counsel to the Company Trust with respect to regulatory matters, including monitoring regulatory and legislative developments which may affect the Company Trust and assisting in the strategic response to such developments, counseling and assisting the Company Trust in routine regulatory examinations or investigations of the CompanyTrust, and working closely with outside counsel to the Company Trust in response to any litigation or non-routine regulatory matters;
(h) Accounting and bookkeeping services (including the maintenance of such accounts, books and records of the Company Trust as may be required by Section 31(a) of the 1940 Act and the rules thereunder and agrees that all records that it maintains for the Company are the property of the Company and further agrees to surrender promptly to the Company any such records at the Company's requestthereunder);
(i) Internal auditing and treasury services;
(j) Valuing the CompanyTrust's assets and calculating the net asset value of the shares of each the Fund at the close of regular trading on the New York Stock Exchange on each business dayday (as set forth in the Trust's Prospectus);
(kj) Accumulating information for and, subject to approval by the Company's Treasurer, and preparing reports to the CompanyTrust's shareholders of record and the SEC including, but not necessarily limited to, Annual and Semi-Annual Reports, Semi-Annual Reports on Form N-SAR and Notices pursuant to Rule 24f-2;
(lk) Reviewing and providing advice and counsel on all sales and advertising materials prepared on behalf of the CompanyTrust;
(ml) Preparing, signing Preparing and filing the CompanyTrust's tax returns;
(nm) Assisting the Adviser, at the Adviser's request, in monitoring and developing compliance procedures for the Company Trust which will include, among other matters, procedures to assist the Adviser in monitoring compliance with each the Fund's investment objective, policies, restrictions, tax matters and applicable laws and regulations and performing certain monthly compliance tests; and
(on) Preparing and furnishing the Company Trust (at the CompanyTrust's request) with standard SEC performance information (including yield and total return information) calculated in accordance with applicable U.S. securities laws and reporting to external databases such information as may reasonably be requested. Without limiting the foregoing services, it is agreed that TSSG will perform the following accounting functions on an ongoing basis:
(a) Journalize each Fund's investment, capital share and income and expense activities;
(b) Maintain individual ledgers for investment securities;
(c) Maintain historical tax lots for each security;
(d) Maintain financial records in accordance with the 1940 Act and the Rules and Regulations thereunder;
(e) Reconcile on a daily basis cash and on a weekly basi investment balances of the Company with the custodian;
(f) Post to and prepare each Fund's Statement of Assets and Liabilities and Statement of Operations;
(g) Calculate various contractual expenses (e.g., advisory and administration, transfer agency and custody fees):
(h) Monitor the expense accruals and notify Company management of any proposed adjustments;
(i) Control all disbursements from the Company and authorize such disbursements upon proper instructions;
(j) Calculate capital gains and losses;
(k) Determine each Fund's net income;
(l) Obtain security market quotes from independent pricing services approved by the Adviser and the Company's Board of Directors, or if such quotes are unavailable, then obtain such prices from the Adviser, and in either case calculate the market value of each Fund's investments;
(m) Transmit or mail a copy of the daily portfolio valuation to the Adviser, if requested;
(n) Compute the net asset value of each Fund;
(o) Compute the Fund's yields, total return, expense ratios, portfolio turnover rate, and portfolio average dollar-weighted maturity;
(p) Mark securities to market based upon quotes furnished by the Advixxx, an independent pricing agent approved by the Company's Board of Directors or based upon values derived from yield data relating to classes of instruments obtained from reputable sources, provided that any pricing system based on yield data for selected instruments must be based upon market quotations for sufficient numbers and types of instruments to be a representative sample of each class of instrument held by each Fund, as applicable, both in terms of the types of instruments as well as the differing quality of instruments;
(q) Assist in monitoring compliance and assist in the development of compliance procedures for each Fund which will include among other matters, monitoring compliance with each Fund's investment objectives, policies, restrictions, tax matters and applicable laws and regulations;
(r) As appropriate, transmit to the Custodian instructions received from the Adviser;
(s) Prepare semi-annual financial statements for each Fund, which will include but not be limited to, the following items (the form and content of such statements shall be in accordance with generally accepted accounting principles): Schedule of Investments Statement of Assets and Liabilities Statement of Operations Statement of Changes in Net Assets Cash Statement, if applicable
(t) Prepare monthly broker security transactions summaries;
(u) Prepare monthly security transaction listings;
(v) Supply various Company statistical data as reasonably requested on an ongoing basis;
(w) Keep all books and records with respect to the Company's books of account;
(x) Keep records of the Company's securities transactions, portfolio valuations and securities positions; and
(y) Act as liaison with the Company's independent public accountants and provide account analyses, fiscal year summaries, and other audit related schedules. TSSG will take all reasonable action in the performance of its obligations under this Agreement to assure that the necessary information is made available to such accountants for the expression of their opinions, as such may be required by the Company from time to time. In performing its duties as Administrator of the CompanyTrust, TSSG (a) will act in accordance with the Articles Declaration of IncorporationTrust, By-lawsLaws, Prospectus and with the instructions and directions of the Board of Directors Trustees of the Company Trust and will conform to and comply with the requirements of the 1940 Act and all other applicable federal or state laws and regulations and (b) will consult with legal counsel to the Company, as necessary and appropriateregulations.
Appears in 1 contract
Duties as Administrator. Subject to the supervision and direction of the Board of Directors of the Company, TSSGXxxxxxxx, as Administrator, will use its best judgment assist in supervising various aspects of the Company's administrative operations and undertakes to perform the following specific servicesservices from and after the effective date of this Agreement:
(a) Maintaining office facilities (which may be in the offices of TSSG Xxxxxxxx or a corporate affiliate);
(b) Furnishing statistical and research data, data processing services, clerical services, and internal legal, executive and administrative services and stationery and office supplies in connection with the foregoing;
(c) Furnishing corporate secretarial services services, including coordinating the preparation and distribution of materials for Board of Directors meetings;
(d) Assisting in the preparation of the Company's Registration Statement and any Pre-Effective and Post-Effective Amendments to the Company's Registration Statement, Notices of Annual or Special Meetings of Shareholders and Proxy materials relating to such Meetings;
(e) Assisting in the determination of the jurisdictions in which the Company's shares will be registered or qualified for sale and, in connection therewith, shall be responsible for the initial registration or qualification and the maintenance of such registration or qualification of such shares for sale under the securities laws of any state. Payment of share registration fees and any fees for qualifying or continuing the qualification of any Fund as a dealer or broker shall be made by that Fund;
(f) Providing the services of certain persons who may be appointed as officers of the Company by the Company's Board of Directors;
(ge) Providing Coordinating the provision of legal advice and counsel to the Company with respect to regulatory matters, including monitoring regulatory and legislative developments which may affect the Company and assisting in the strategic response to such developments, counseling and assisting the Company in routine regulatory examinations or investigations of the Company, and working closely with outside counsel to the Company in response to connection with any litigation or non-routine regulatory mattersin which the Company is involved;
(hf) Accounting and bookkeeping services (including Coordinating the maintenance preparation of such accounts, books and records of the Company as may be required by Section 31(a) of the 1940 Act and the rules thereunder and agrees that all records that it maintains for the Company are the property of the Company and further agrees to surrender promptly to the Company any such records at the Company's request);
(i) Internal auditing and treasury services;
(j) Valuing the Company's assets and calculating the net asset value of the shares of each Fund on each business day;
(k) Accumulating information for and, subject to approval by the Company's Treasurer, preparing reports to the Company's shareholders of record and the SEC including, but not necessarily limited to, Annual Reports and Semi-Annual Reports, Semi-Annual Reports to Shareholders and on Form N-SAR and Notices pursuant to Rule 24f-224f-2 under the 1940 Act;
(lg) Reviewing Coordinating with the Company and providing advice and counsel on all sales and advertising materials prepared on behalf its Distributor regarding the jurisdictions in which the Shares of the CompanyCompany shall be registered or qualified for sale and, in connection therewith, being responsible for the registration or qualification and the maintenance of such registration or qualification of Shares for sale under the securities laws of any state. Payment of share registration fees and any fees for qualifying or continuing the qualification of the Company or any Fund as a dealer or broker shall be made or reimbursed by the Company or that Fund, respectively;
(mh) Preparing, signing Preparing and filing on a timely basis various reports, registration statements and post-effective amendments thereto and other documents required by federal, state and other applicable laws and regulations other than those filed or required to be filed by the Adviser, TSSG, Transfer Agent or Custodian;
(i) Preparing and filing on a timely basis the Company's tax returnsRule 24f-2 Notice;
(nj) Assisting Monitoring the Adviser, at the Adviser's request, in monitoring development and developing implementation of compliance procedures for the Company which will include, among other matters, procedures to assist the Adviser in monitoring compliance with each Fund's status as a regulated investment company under Sub-Chapter M of the Internal Revenue Code of 1986, as amended, and compliance by each Fund with its investment objective, policies, restrictions, tax matters and applicable laws and regulations and performing certain monthly compliance testsregulations; and
(ok) Preparing and furnishing the Company (at Generally assisting in all aspects of the Company's request) with performance information (including yield and total return information) calculated in accordance with applicable U.S. securities laws and reporting to external databases such information as may reasonably be requestedoperations. Without limiting the foregoing servicesIn performing all services under this Agreement, it is agreed that TSSG will perform the following accounting functions on an ongoing basis:
Xxxxxxxx shall (a) Journalize each Fund's investment, capital share and income and expense activities;
(b) Maintain individual ledgers for investment securities;
(c) Maintain historical tax lots for each security;
(d) Maintain financial records act in accordance conformity with the Company's Articles of Incorporation and By-Laws; the 1940 Act, the Investment Advisers Act of 1940 and other applicable laws, as the Rules and Regulations thereunder;
(e) Reconcile on a daily basis cash and on a weekly basi investment balances of the Company with the custodian;
(f) Post same may be amended from time to and prepare each Fund's Statement of Assets and Liabilities and Statement of Operations;
(g) Calculate various contractual expenses (e.g., advisory and administration, transfer agency and custody fees):
(h) Monitor the expense accruals and notify Company management of any proposed adjustments;
(i) Control all disbursements from the Company and authorize such disbursements upon proper instructions;
(j) Calculate capital gains and losses;
(k) Determine each Fund's net income;
(l) Obtain security market quotes from independent pricing services approved by the Adviser time; and the Company's Board of Directors, or if such quotes are unavailable, then obtain such prices from the Adviser, and in either case calculate the market value of each Fund's investments;
(m) Transmit or mail a copy of the daily portfolio valuation to the Adviser, if requested;
(n) Compute the net asset value of each Fund;
(o) Compute the Fund's yields, total return, expense ratios, portfolio turnover rate, and portfolio average dollar-weighted maturity;
(p) Mark securities to market based upon quotes furnished by the Advixxx, an independent pricing agent approved by the Company's Board of Directors or based upon values derived from yield data relating to classes of instruments obtained from reputable sources, provided that any pricing system based on yield data for selected instruments must be based upon market quotations for sufficient numbers and types of instruments to be a representative sample of each class of instrument held by each Fund, as applicable, both in terms of the types of instruments as well as the differing quality of instruments;
(q) Assist in monitoring compliance and assist in the development of compliance procedures for each Fund which will include among other matters, monitoring compliance with each Fund's investment objectives, policies, restrictions, tax matters and applicable laws and regulations;
(r) As appropriate, transmit to the Custodian instructions received from the Adviser;
(s) Prepare semi-annual financial statements for each Fund, which will include but not be limited to, the following items (the form and content of such statements shall be in accordance with generally accepted accounting principles): Schedule of Investments Statement of Assets and Liabilities Statement of Operations Statement of Changes in Net Assets Cash Registration Statement, if applicable
(t) Prepare monthly broker security transactions summaries;
(u) Prepare monthly security transaction listings;
(v) Supply various Company statistical data as reasonably requested on an ongoing basis;
(w) Keep all books and records with respect to the Company's books of account;
(x) Keep records of the Company's securities transactions, portfolio valuations and securities positions; and
(y) Act as liaison with the Company's independent public accountants and provide account analyses, fiscal year summaries, and other audit related schedules. TSSG will take all reasonable action in the performance of its obligations under this Agreement to assure that the necessary information is made available to such accountants for the expression of their opinions, as such Registration Statement may be required by the Company amended from time to time. In performing its duties as Administrator of the Company, TSSG (a) will act in accordance with the Articles of Incorporation, By-laws, Prospectus and with the instructions and directions of the Board of Directors of the Company and will conform to and comply with the requirements of the 1940 Act and all other applicable federal or state laws and regulations and (b) will consult and coordinate with legal counsel to for the Company, as necessary and appropriate, and (c) advise and report to the Company and its legal counsel, as necessary or appropriate, with respect to any compliance or other matters that come to its attention. In connection with its duties under this Paragraph 3, Xxxxxxxx may, at its own expense, enter into subadministration agreements with other service providers, provided that each such service provider agrees with Xxxxxxxx to comply with all relevant provisions of the 1940 Act and applicable rules and regulations thereunder. Xxxxxxxx will provide the Company with a copy of each subadministration agreement it executes relating to the Company. Xxxxxxxx will be liable for acts or omissions of any such subadministrators under the standards of care provided herein under Paragraph 5. In addition to the services specifically identified above, Xxxxxxxx shall coordinate the provision of services to the Company by TSSG, the Transfer Agent and the Custodian.
Appears in 1 contract
Samples: Administration Agreement (Nations Fund Portfolios Inc)
Duties as Administrator. Subject to the supervision and direction of the Board of Directors Trustees of the CompanyTrust, TSSGFDISG, as Administrator, will use its best judgment assist in supervising various aspects of the CompanyTrust's administrative operations and undertakes to perform the following specific services:
(a) Maintaining such office facilities as necessary to provide the services hereafter set forth (which may be in the offices of TSSG FDISG or a corporate affiliate);
(b) Furnishing non-investment related statistical and research data, data processing services, clerical services, and internal legal, executive and administrative services and stationery and office supplies in connection with the foregoingits services hereunder;
(c) Furnishing corporate secretarial services including preparation and distribution of materials for Board of Directors Trustees meetings;
(d) Assisting in the preparation of the CompanyTrust's Registration Statement and any Pre-Effective and Post-Effective Amendments to the CompanyTrust's Registration Statement, Notices of Annual or Special Meetings of Shareholders and Proxy materials relating to such Meetings;
(e) Assisting in the determination of the jurisdictions in which the CompanyTrust's shares will be registered or qualified for sale and, in connection therewith, shall be responsible for the initial registration or qualification and the maintenance of such registration or qualification of such shares for sale under the securities laws of any stateeach state in which it is determined shares should be registered or qualified. Payment of share registration fees and any fees for qualifying or continuing the qualification of any the Fund as a dealer or broker shall be made by that the Fund;
(f) Providing the services of certain persons who may be appointed as officers of the Company Trust by the CompanyTrust's Board of DirectorsTrustees;
(g) Providing legal advice and counsel to the Company Trust with respect to regulatory matters, including monitoring regulatory and legislative developments which may affect the Company Trust and assisting in the strategic response to such developments, counseling and assisting the Company Trust in routine regulatory examinations or investigations of the CompanyTrust, and working closely with outside counsel to the Company Trust in response to any litigation or non-routine regulatory matters;
(h) Accounting and bookkeeping services (including the maintenance of such accounts, books and records of the Company Trust as may be required by Section 31(a) of the 1940 Act and the rules thereunder and agrees that all records that it maintains thereunder, transmitting to the Custodian instructions received from the Adviser for the Company are the property purchase and sale of the Company Trust assets and further agrees to surrender promptly to the Company any such records at the Company's requestensuring proper settlement related thereto);
(i) Internal auditing and treasury services;
(j) Valuing the Company's assets and calculating the net asset value of the shares of each Fund on each business day;
(k) Accumulating information for and, subject to approval by the Company's Treasurer, preparing reports to the Company's shareholders of record and the SEC including, but not necessarily limited to, Annual and Semi-Annual Reports, Semi-Annual Reports on Form N-SAR and Notices pursuant to Rule 24f-2;
(l) Reviewing and providing advice and counsel on all sales and advertising materials prepared on behalf of the Company;
(m) Preparing, signing and filing the Company's tax returns;
(n) Assisting the Adviser, at the Adviser's request, in monitoring and developing compliance procedures for the Company which will include, among other matters, procedures to assist the Adviser in monitoring compliance with each Fund's investment objective, policies, restrictions, tax matters and applicable laws and regulations and performing certain monthly compliance tests; and
(o) Preparing and furnishing the Company (at the Company's request) with performance information (including yield and total return information) calculated in accordance with applicable U.S. securities laws and reporting to external databases such information as may reasonably be requested. Without limiting the foregoing services, it is agreed that TSSG will perform the following accounting functions on an ongoing basis:
(a) Journalize each Fund's investment, capital share and income and expense activities;
(b) Maintain individual ledgers for investment securities;
(c) Maintain historical tax lots for each security;
(d) Maintain financial records in accordance with the 1940 Act and the Rules and Regulations thereunder;
(e) Reconcile on a daily basis cash and on a weekly basi investment balances of the Company with the custodian;
(f) Post to and prepare each Fund's Statement of Assets and Liabilities and Statement of Operations;
(g) Calculate various contractual expenses (e.g., advisory and administration, transfer agency and custody fees):
(h) Monitor the expense accruals and notify Company management of any proposed adjustments;
(i) Control all disbursements from the Company and authorize such disbursements upon proper instructions;
(j) Calculate capital gains and losses;
(k) Determine each Fund's net income;
(l) Obtain security market quotes from independent pricing services approved by the Adviser and the Company's Board of Directors, or if such quotes are unavailable, then obtain such prices from the Adviser, and in either case calculate the market value of each Fund's investments;
(m) Transmit or mail a copy of the daily portfolio valuation to the Adviser, if requested;
(n) Compute the net asset value of each Fund;
(o) Compute the Fund's yields, total return, expense ratios, portfolio turnover rate, and portfolio average dollar-weighted maturity;
(p) Mark securities to market based upon quotes furnished by the Advixxx, an independent pricing agent approved by the Company's Board of Directors or based upon values derived from yield data relating to classes of instruments obtained from reputable sources, provided that any pricing system based on yield data for selected instruments must be based upon market quotations for sufficient numbers and types of instruments to be a representative sample of each class of instrument held by each Fund, as applicable, both in terms of the types of instruments as well as the differing quality of instruments;
(q) Assist in monitoring compliance and assist in the development of compliance procedures for each Fund which will include among other matters, monitoring compliance with each Fund's investment objectives, policies, restrictions, tax matters and applicable laws and regulations;
(r) As appropriate, transmit to the Custodian instructions received from the Adviser;
(s) Prepare semi-annual financial statements for each Fund, which will include but not be limited to, the following items (the form and content of such statements shall be in accordance with generally accepted accounting principles): Schedule of Investments Statement of Assets and Liabilities Statement of Operations Statement of Changes in Net Assets Cash Statement, if applicable
(t) Prepare monthly broker security transactions summaries;
(u) Prepare monthly security transaction listings;
(v) Supply various Company statistical data as reasonably requested on an ongoing basis;
(w) Keep all books and records with respect to the Company's books of account;
(x) Keep records of the Company's securities transactions, portfolio valuations and securities positions; and
(y) Act as liaison with the Company's independent public accountants and provide account analyses, fiscal year summaries, and other audit related schedules. TSSG will take all reasonable action in the performance of its obligations under this Agreement to assure that the necessary information is made available to such accountants for the expression of their opinions, as such may be required by the Company from time to time. In performing its duties as Administrator of the Company, TSSG (a) will act in accordance with the Articles of Incorporation, By-laws, Prospectus and with the instructions and directions of the Board of Directors of the Company and will conform to and comply with the requirements of the 1940 Act and all other applicable federal or state laws and regulations and (b) will consult with legal counsel to the Company, as necessary and appropriate.
Appears in 1 contract
