Common use of Provision of AML Compliance Officer Clause in Contracts

Provision of AML Compliance Officer. Subject to the provisions set forth in Item 21(a) above, this Item 21(b), and Item 21(c) below, the Service Provider agrees to make available to the Trusts a person to serve as the Trust’ AML Compliance Officer (“AML Compliance Officer”). The Service Provider’s obligation in this regard shall be met by providing an appropriately qualified employee or agent of the Service Provider (or its affiliates) who, in the exercise of his or her duties to the Trusts, shall act in good faith and in a manner reasonably believed by him or her to be in the best interests of the Trusts. Subject to VCM contractually agreeing with each Trust that each Trust’s cooperation in implementing and complying with its AML Program, the AML Compliance Officer will assist the Trusts in operating its AML Program, and shall perform the duties assigned to the AML Compliance Officer which are set forth in the AML Program. VCM shall provide copies of all books and records of the Trusts, as the AML Compliance Officer deems necessary or desirable in order to carry out his or her duties hereunder on behalf of the Trusts. Each party agrees to provide promptly to the other party (and to the AML Compliance Officer), upon request, copies of such other records and documentation relating to the compliance by such party with Applicable AML Laws (in relation to the Trusts), and each party also agrees otherwise to assist the other party (and the AML Compliance Officer) in complying with the requirements of the AML Program and Applicable AML Laws. Each party agrees to retain a copy of all documents and records prepared, maintained or obtained by it relating to shareholders and transactions for a period of at least five (5) years after either the relationship with the shareholder has ended or the execution of the transaction. The foregoing is not intended to limit any obligation to retain any specified records for any other period that may be specified in the AML Program or under Applicable AML Laws.

Appears in 5 contracts

Samples: Services Agreement (Victory Portfolios), Services Agreement (Victory Variable Insurance Funds), Services Agreement (Victory Portfolios II)

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Provision of AML Compliance Officer. Subject to the provisions set forth in Item 21(aSection 17(b) above, this Item 21(bSection 17(c), and Item 21(cSection 17(e) below, the Service Provider VCM agrees to make available to the Trusts Trust a person to serve as the Trust’s AML Compliance Officer (“AML Compliance Officer”). The Service ProviderVCM’s obligation in this regard shall be met by providing an appropriately qualified employee or agent of the Service Provider VCM (or its affiliates) who, in the exercise of his or her duties to the TrustsTrust, shall act in good faith and in a manner reasonably believed by him or her to be in the best interests of the TrustsTrust. Subject to VCM contractually agreeing with each Trust that each the Trust’s cooperation in implementing and complying with its AML Program, the AML Compliance Officer will assist the Trusts Trust in operating its AML Program, and shall perform the duties assigned to the AML Compliance Officer which are set forth in the AML Program. VCM The Trust shall provide copies of all books and records of the TrustsTrust, as the AML Compliance Officer deems necessary or desirable in order to carry out his or her duties hereunder on behalf of the TrustsTrust. Each party agrees to provide promptly to the other party (and to the AML Compliance Officer), upon request, copies of such other records and documentation relating to the compliance by such party with Applicable AML Laws (in relation to the TrustsTrust), and each party also agrees otherwise to assist the other party (and the AML Compliance Officer) in complying with the requirements of the AML Program and Applicable AML Laws. Each party agrees to retain a copy of all documents and records prepared, maintained or obtained by it relating to shareholders and transactions for a period of at least five (5) years after either the relationship with the shareholder has ended or the execution of the transaction. The foregoing is not intended to limit any obligation to retain any specified records for any other period that may be specified in the AML Program or under Applicable AML Laws.

Appears in 4 contracts

Samples: Administration And (Victory Portfolios II), Administration and Fund Accounting Agreement (Victory Portfolios), Administration And (Victory Institutional Funds)

Provision of AML Compliance Officer. Subject to the provisions set forth in Item 21(aSection 20(b) above, this Item 21(bSection 20(c), and Item 21(c) belowSchedule B hereto, the Service Provider BISYS agrees to make available to the Trusts Company a person to serve as the Trust’ AML Compliance Officer (“Company's AML Compliance Officer”). The Service Provider’s BISYS's obligation in this regard shall be met by providing an appropriately qualified employee or agent of the Service Provider BISYS (or its affiliates) who, in the exercise of his or her duties to the TrustsCompany, shall act in good faith and in a manner reasonably believed by him or her to be in the best interests of the TrustsCompany. Subject to VCM contractually agreeing with each Trust that each Trust’s the Company's cooperation in implementing and complying with its AML Program, the AML Compliance Officer will assist the Trusts Company in operating its AML Program, and shall perform the duties assigned to the AML Compliance Officer which are set forth in the AML Program. VCM The Company shall provide copies of all books and records of the TrustsCompany, as the AML Compliance Officer deems necessary or desirable in order to carry out his or her duties hereunder on behalf of the TrustsCompany. Each party agrees to provide promptly to the other party (and to the AML Compliance Officer), upon request, copies of such other records and documentation relating to the compliance by such party with Applicable AML Laws (in relation to the TrustsCompany), and each party also agrees otherwise to assist the other party (and the AML Compliance Officer) in complying with the requirements of the AML Program and Applicable AML Laws. Each party agrees to retain a copy of all documents and records prepared, maintained or obtained by it relating to shareholders and transactions for a period of at least five (5) years after either the relationship with the shareholder has ended or the execution of the transaction. The foregoing is not intended to limit any obligation to retain any specified records for any other period that may be specified in the AML Program or under Applicable AML Laws. BISYS shall be entitled to receive the fees set forth in the Fee Agreement for the provision of the AML Compliance Officer.

Appears in 2 contracts

Samples: Co Administration Agreement (Legacy Funds Group), Co Administration Agreement (Legacy Funds Group)

Provision of AML Compliance Officer. Subject to the provisions set forth in Item 21(aSection 17(b) above, this Item 21(bSection 17(c), and Item 21(cSection 17(e) below, the Service Provider BISYS agrees to make available to the Trusts a person to serve as the TrustTrusts’ AML Compliance Officer (“AML Compliance Officer”). The Service Provider’s BISYS’ obligation in this regard shall be met by providing an appropriately qualified employee or agent of the Service Provider BISYS (or its affiliates) who, in the exercise of his or her duties to the Trusts, shall act in good faith and in a manner reasonably believed by him or her to be in the best interests of the Trusts. Subject to VCM contractually agreeing with each Trust that each Trust’s the Trusts’ cooperation in implementing and complying with its AML Program, the AML Compliance Officer will assist the Trusts in operating its AML Program, and shall perform the duties assigned to the AML Compliance Officer which are set forth in the AML Program. VCM shall provide copies of all books and records of the Trusts, as the AML Compliance Officer deems necessary or desirable in order to carry out his or her duties hereunder on behalf of the Trusts. Each party agrees to provide promptly to the other party (and to the AML Compliance Officer), upon request, copies of such other records and documentation relating to the compliance by such party with Applicable AML Laws (in relation to the Trusts), and each party also agrees otherwise to assist the other party (and the AML Compliance Officer) in complying with the requirements of the AML Program and Applicable AML Laws. Each party agrees to retain a copy of all documents and records prepared, maintained or obtained by it relating to shareholders and transactions for a period of at least five (5) years after either the relationship with the shareholder has ended or the execution of the transaction. The foregoing is not intended to limit any obligation to retain any specified records for any other period that may be specified in the AML Program or under Applicable AML Laws.

Appears in 2 contracts

Samples: Sub Administration and Sub Fund Accounting Agreement (Victory Variable Insurance Funds), Sub Administration and Sub Fund Accounting Agreement (Victory Portfolios)

Provision of AML Compliance Officer. Subject to the provisions set forth above in Item 21(aSection 23(b) above, and below in this Item 21(bSection 23(c) and in Section 23(e), and Item 21(c) below, the Service Provider BISYS agrees to make available to the Trusts Trust a person to serve as the Trust’ AML Compliance Officer (“'s AML Compliance Officer”). The Service Provider’s BISYS' obligation in this regard shall be met by providing an appropriately qualified employee or agent of the Service Provider BISYS (or its affiliates) who, in the exercise of his or her duties to the TrustsTrust, shall act in good faith and in a manner reasonably believed by him or her to be in the best interests of the TrustsTrust. Subject to VCM contractually agreeing with each Trust that each the Trust’s 's cooperation in implementing and complying with its AML Program, the AML Compliance Officer will assist the Trusts Trust in operating its AML Program, and shall perform the duties assigned to the AML Compliance Officer which are set forth in the AML Program. VCM The Trust shall provide copies of all books and records of the TrustsTrust, as the AML Compliance Officer deems necessary or desirable in order to carry out his or her duties hereunder on behalf of the TrustsTrust. Each party agrees to provide promptly to the other party (and to the AML Compliance Officer), upon request, copies of such other records and documentation relating to the compliance by such party with Applicable AML Laws (in relation to the Trusts)Laws, and each party also agrees otherwise to assist the other party (and the AML Compliance Officer) in complying with the requirements of the AML Program and Applicable AML Laws. Each As to transactions in Fund Shares and the opening and maintenance of Shareholder accounts, each party agrees to retain a copy of all documents and records prepared, maintained or obtained by it relating to shareholders compliance with the AML Program and transactions Applicable AML Laws for a period of at least five (5) years after either the relationship with the shareholder Shareholder has ended or the execution of the transaction. The foregoing is not intended to limit any obligation to retain any specified records for any other period that may be specified in the AML Program or under Applicable AML Laws.

Appears in 2 contracts

Samples: Master Services Agreement (Sti Classic Variable Trust), Master Services Agreement (Sti Classic Funds)

Provision of AML Compliance Officer. Subject The Trust acknowledges that it is a financial institution subject to the provisions set forth law entitled Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism ("U.S.A. Patriot") Act of 2001 and the Bank Secrecy Act (collectively, the "AML Acts") and shall comply with the AML Acts and applicable regulations adopted thereunder (collectively, the "Applicable AML Laws") in Item 21(a) aboveall relevant respects, this Item 21(b)subject to the delegation of certain responsibilities to BISYS, as provided in the next paragraph below. The Trust represents and warrants that it will comply with the Applicable AML Laws, and Item 21(c) belowagrees that, the Service Provider agrees to make available except to the Trusts a extent provided herein, BISYS shall not be responsible for ensuring that the Trust complies with its obligations under the Applicable AML Laws. Without prejudice to the foregoing, BISYS will provide an appropriate person to serve as the Trust's anti-money laundering compliance officer ("AML Compliance Officer"), and, subject to the Trust's compliance with practices and procedures agreed between the parties from time to time (collectively, the "Procedures"), BISYS agrees to cooperate with and assist the Trust in complying with its obligations by causing the AML Compliance Officer to render the anti-money laundering services described on Schedule A hereto. The Trust acknowledges that, notwithstanding anything else contained herein, the Trust maintains full responsibility for ensuring that its anti-money laundering program (the "AML Program") is, and shall continue to be, reasonably designed to ensure compliance with the Applicable AML Laws, in light of the particular business of the Trust, taking into account factors such as its size, location, activities and risks or vulnerabilities to money laundering. Neither BISYS nor the AML Compliance Officer shall be responsible or liable for failure to undertake any responsibilities or provide any services resulting from an amendment to the AML Program unless BISYS has consented in writing thereto. In connection with the appointment of the AML Compliance Officer”). The Service Provider’s obligation in this regard shall be met by providing an appropriately qualified employee or agent , the Trust also acknowledges that the duties of the Service Provider (or its affiliates) who, in AML Compliance Officer involves the exercise of his or her duties discretion, which in some circumstances may result in consequences to the Trusts, shall act in good faith Trust and in a manner reasonably believed by him or her to be its shareholders (such as in the best interests case of the Trustsreporting of suspicious activities and the freezing of shareholder accounts). Subject to VCM contractually agreeing with each Trust that each Trust’s cooperation In this regard, (i) under circumstances in implementing and complying with its which the AML ProgramProgram authorizes the taking of certain actions, the AML Compliance Officer will assist is granted the Trusts in operating its discretion to take any such action as may be authorized under the AML Program, and consultation with the Trust shall perform not be required in connection therewith unless specifically required under the duties assigned to AML Program, and (ii) the Trust instructs the AML Compliance Officer which are set forth that it may avail the Trust of any safe harbor from civil liability that may be available under Applicable AML Laws for making a disclosure or filing a report thereunder. To the extent prudent or necessary in order to comply with the Trust's AML Program. VCM shall provide copies of all books and records of the TrustsProgram or Applicable AML Laws, as the AML Compliance Officer deems necessary or desirable and BISYS shall be entitled, to refuse, in order good faith, to carry out his or her duties hereunder process transactions on behalf of the TrustsTrust and Shareholders. Each party agrees to provide promptly to the other party (and to the AML Compliance Officer), upon request, request copies of such other the records and other documentation relating to evidencing (i) the identity and transaction records of an investor, and (ii) the compliance by such party with the Applicable AML Laws (in relation to the Trusts)Laws, and and, each party also agrees otherwise to assist the other party (and the AML Compliance Officer) in complying with the requirements of other party's obligations under the AML Program and Applicable AML Laws. Each party agrees to retain a copy of all materials related to compliance with the AML Program and Applicable AML Laws (including those used for identification purposes and, in the case of transactions, the original documents and records prepared, maintained or obtained by it relating to shareholders and transactions copies admissible in legal proceedings) for a period of at least five (5) 5 years after either the relationship with the shareholder investor has ended or the execution of the transaction. The foregoing is not intended to limit any obligation to Notwithstanding the foregoing, the Trust shall retain any specified records for any other period that may be specified in the AML Program or under Applicable AML Laws.

Appears in 1 contract

Samples: Administration Agreement (American Performance Funds)

Provision of AML Compliance Officer. Subject to the provisions set forth in Item 21(a) above, this Item 21(b), and Item 21(c) below, the Service Provider agrees to make available to the Trusts a person to serve as the Trust' AML Compliance Officer ("AML Compliance Officer"). The Service Provider’s 's obligation in this regard shall be met by providing an appropriately qualified employee or agent of the Service Provider (or its affiliates) who, in the exercise of his or her duties to the Trusts, shall act in good faith and in a manner reasonably believed by him or her to be in the best interests of the Trusts. Subject to VCM contractually agreeing with each Trust that each Trust’s 's cooperation in implementing and complying with its AML Program, the AML Compliance Officer will assist the Trusts in operating its AML Program, and shall perform the duties assigned to the AML Compliance Officer which are set forth in the AML Program. VCM shall provide copies of all books and records of the Trusts, as the AML Compliance Officer deems necessary or desirable in order to carry out his or her duties hereunder on behalf of the Trusts. Each party agrees to provide promptly to the other party (and to the AML Compliance Officer), upon request, copies of such other records and documentation relating to the compliance by such party with Applicable AML Laws (in relation to the Trusts), and each party also agrees otherwise to assist the other party (and the AML Compliance Officer) in complying with the requirements of the AML Program and Applicable AML Laws. Each party agrees to retain a copy of all documents and records prepared, maintained or obtained by it relating to shareholders and transactions for a period of at least five (5) years after either the relationship with the shareholder has ended or the execution of the transaction. The foregoing is not intended to limit any obligation to retain any specified records for any other period that may be specified in the AML Program or under Applicable AML Laws.

Appears in 1 contract

Samples: Services Agreement (Victory Variable Insurance Funds)

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Provision of AML Compliance Officer. Subject to the provisions set forth in Item 21(aSection 17(b) above, this Item 21(bSection 17(c), and Item 21(cSection 17(e) below, the Service Provider CITI agrees to make available to the Trusts Trust a person to serve as the Trust’ AML Compliance Officer (“AML Compliance Officer”). The Service Provider’s CITI’ obligation in this regard shall be met by providing an appropriately qualified employee or agent of the Service Provider CITI (or its affiliates) who, in the exercise of his or her duties to the TrustsTrust, shall act in good faith and in a manner reasonably believed by him or her to be in the best interests of the TrustsTrust. Subject to VCM contractually agreeing with each Trust that each the Trust’s cooperation in implementing and complying with its AML Program, the AML Compliance Officer will assist the Trusts Trust in operating its AML Program, and shall perform the duties assigned to the AML Compliance Officer which are set forth in the AML Program. VCM shall provide copies of all books and records of the TrustsTrust, as the AML Compliance Officer deems necessary or desirable in order to carry out his or her duties hereunder on behalf of the TrustsTrust. Each party agrees to provide promptly to the other party (and to the AML Compliance Officer), upon request, copies of such other records and documentation relating to the compliance by such party with Applicable AML Laws (in relation to the TrustsTrust), and each party also agrees otherwise to assist the other party (and the AML Compliance Officer) in complying with the requirements of the AML Program and Applicable AML Laws. Each party agrees to retain a copy of all documents and records prepared, maintained or obtained by it relating to shareholders and transactions for a period of at least five (5) years after either the relationship with the shareholder has ended or the execution of the transaction. The foregoing is not intended to limit any obligation to retain any specified records for any other period that may be specified in the AML Program or under Applicable AML Laws.

Appears in 1 contract

Samples: Sub Fund Accounting Agreement (Victory Institutional Funds)

Provision of AML Compliance Officer. Subject to the provisions set forth in Item 21(a) above, this Item 21(b), and Item 21(c) below, the Service Provider agrees to make available to the Trusts Trust a person to serve as the Trust’s AML Compliance Officer (“AML Compliance Officer”). The Service Provider’s obligation in this regard shall be met by providing an appropriately qualified employee or agent of the Service Provider (or its affiliates) who, in the exercise of his or her duties to the Trusts, shall act in good faith and in a manner reasonably believed by him or her to be in the best interests of the TrustsTrust. Subject to VCM the Client contractually agreeing with each the Trust that each the Trust’s cooperation in implementing and complying with its AML Program, the AML Compliance Officer will assist the Trusts Trust in operating its AML Program, and shall perform the duties assigned to the AML Compliance Officer which are set forth in the AML Program. VCM The Client shall provide copies of all books and records of the TrustsTrust, as the AML Compliance Officer deems necessary or desirable in order to carry out his or her duties hereunder on behalf of the TrustsTrust. Each party agrees to provide promptly to the other party (and to the AML Compliance Officer), upon request, copies of such other records and documentation relating to the compliance by such party with Applicable AML Laws (in relation to the TrustsTrust), and each party also agrees otherwise to assist the other party (and the AML Compliance Officer) in complying with the requirements of the AML Program and Applicable AML Laws. Each party agrees to retain a copy of all documents and records prepared, maintained or obtained by it relating to shareholders and transactions for a period of at least five (5) years after either the relationship with the shareholder has ended or the execution of the transaction. The foregoing is not intended to limit any obligation to retain any specified records for any other period that may be specified in the AML Program or under Applicable AML Laws.

Appears in 1 contract

Samples: The Agreement (Victory Institutional Funds)

Provision of AML Compliance Officer. Subject to the provisions set forth in Item 21(a) above, this Item 21(b), and Item 21(c) below, the Service Provider agrees to make available to the Trusts a person to serve as the Trust’ AML Compliance Officer (“AML Compliance OfficerOfficer ”). The Service Provider’s obligation in this regard shall be met by providing an appropriately qualified employee or agent of the Service Provider (or its affiliates) who, in the exercise of his or her duties to the Trusts, shall act in good faith and in a manner reasonably believed by him or her to be in the best interests of the Trusts. Subject to VCM contractually agreeing with each Trust that each Trust’s cooperation in implementing and complying with its AML Program, the AML Compliance Officer will assist the Trusts in operating its AML Program, and shall perform the duties assigned to the AML Compliance Officer which are set forth in the AML Program. VCM shall provide copies of all books and records of the Trusts, as the AML Compliance Officer deems necessary or desirable in order to carry out his or her duties hereunder on behalf of the Trusts. Each party agrees to provide promptly to the other party (and to the AML Compliance Officer), upon request, copies of such other records and documentation relating to the compliance by such party with Applicable AML Laws (in relation to the Trusts), and each party also agrees otherwise to assist the other party (and the AML Compliance Officer) in complying with the requirements of the AML Program and Applicable AML Laws. Each party agrees to retain a copy of all documents and records prepared, maintained or obtained by it relating to shareholders and transactions for a period of at least five (5) years after either the relationship with the shareholder has ended or the execution of the transaction. The foregoing is not intended to limit any obligation to retain any specified records for any other period that may be specified in the AML Program or under Applicable AML Laws.

Appears in 1 contract

Samples: Services Agreement (Victory Portfolios II)

Provision of AML Compliance Officer. Subject to the provisions set forth in Item 21(a) above, this Item 21(b), and Item 21(c) below, the Service Provider agrees to make available to the Trusts a person to serve as the Trust’ AML Compliance Officer (“AML Compliance Officer”). The Service Provider’s obligation in this regard shall be met by providing an appropriately qualified employee or agent of the Service Provider (or its affiliates) who, in the exercise of his or her duties to the TrustsTrust, shall act in good faith and in a manner reasonably believed by him or her to be in the best interests of the TrustsTrust. Subject to VCM contractually agreeing with each Trust that each the Trust’s cooperation in implementing and complying with its AML Program, the AML Compliance Officer will assist the Trusts Trust in operating its AML Program, and shall perform the duties assigned to the AML Compliance Officer which are set forth in the AML Program. VCM shall provide copies of all books and records of the Trusts, as the AML Compliance Officer deems necessary or desirable in order to carry out his or her duties hereunder on behalf of the TrustsTrust. Each party agrees to provide promptly to the other party (and to the AML Compliance Officer), upon request, copies of such other records and documentation relating to the compliance by such party with Applicable AML Laws (in relation to the Trusts), and each party also agrees otherwise to assist the other party (and the AML Compliance Officer) in complying with the requirements of the AML Program and Applicable AML Laws. Each party agrees to retain a copy of all documents and records prepared, maintained or obtained by it relating to shareholders and transactions for a period of at least five (5) years after either the relationship with the shareholder has ended or the execution of the transaction. The foregoing is not intended to limit any obligation to retain any specified records for any other period that may be specified in the AML Program or under Applicable AML Laws.

Appears in 1 contract

Samples: Accounting Services Agreement (Victory Portfolios II)

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