Retirement or Employee Benefit Plan Accounts. This Section 8 applies if the account(s) is/are for a (i) pension or other employee benefit plan (including a 401(k) plan) governed by the Employee Retirement Income Security Act of 1974, as amended (“ERISA”); (ii) tax-qualified retirement plan (including a Xxxxx plan) under Section 401(a) of the Internal Revenue Code of 1968, as amended (“the Code”), and not covered by ERISA; or (iii) an individual retirement account (“XXX”) under section 408 of the Code. If the account(s) is/are for a plan subject to ERISA, Client appoints Xxxxxx Advisors, and Xxxxxx Advisors accepts its appointment, as an “investment manager” for purposes of ERISA and the Code, and Xxxxxx Advisors acknowledges that it is a “fiduciary” within the meaning of Section 3(21) of ERISA and Section 4975(e)(3) of the Code (but only with respect to the provisions of services in Section 1 of this Agreement). Client represents that Xxxxxx Advisors has been furnished true and complete copies of all documents establishing and governing the plan and evidencing Client’s authority to retain Xxxxxx Advisors. Client will furnish promptly to Xxxxxx Advisors any amendments to the plan, and Client agrees that, if any amendment affects the rights or obligations of Xxxxxx Advisors, such amendment will be binding on Xxxxxx Advisors only when agreed to by Xxxxxx Advisors in writing. If the account(s) contains only a part of the assets of the plan, Client understands that Xxxxxx Advisors will have no responsibility for the diversification of all of the plan’s investments, and that Xxxxxx Advisors will have no duty, responsibility or liability for Client assets that are not in the account(s). If ERISA or other applicable law requires bonding with respect to the assets in the account(s), Client will obtain and maintain at its expense bonding that satisfies this requirement and covers Xxxxxx Advisors and its affiliated persons.
Retirement or Employee Benefit Plan Accounts. This section applies to an Account that is a pension or other employee benefit plan (a “Plan”) governed by the Employee Retirement Income Security Act of 1974, as amended (“ERISA”).
Retirement or Employee Benefit Plan Accounts. If Client is not subject to the Federal Employee Retirement Income Securities Act of 1974, as amended (hereinafter “ERISA”), as of the date of this Agreement, and at all times during the term of this Agreement, less than twenty-five percent of the Account(s) assets are and will be assets of “employee benefit plans” within the meaning of ERISA. If Client is subject to ERISA or in an owner only retirement plan or Account:
(a) Client has independently determined that the retention of Management by Client satisfies all requirements of section 404(a)(1) of ERISA, including the “prudent man" standards of section 404(a)(1)(B) and the “diversification” standard of section 404(a)(1)(C), and will not be prohibited under any of the provisions of section 406 of ERISA, if any, or section 4975(c)(1) of the Internal Revenue Code of 1986, as amended, if any. The undersigned authorized signatory for Client has requested and received all information from Management that the undersigned, after due inquiry, considered relevant to such determinations. The undersigned has taken into account that (A) there is a risk of a loss of the Account, (B) the Account(s) may be relatively illiquid, and (C) funds so invested may not be readily available for payment of employee benefits if Client is an employee benefit plan or to Client’s beneficial owner if Client is an owner only retirement plan or Account. Taking into account these and all other factors relating to retention of Management by Client, the undersigned has concluded that the retention of Management by Client constitutes an appropriate part of Client’s overall investment program.
(b) Client will notify Management, in writing, of (A) any termination, substantial contraction, merger or consolidation of Client, or transfer of its assets to any other employee benefit plan, (B) any amendment to the organizing documents of Client or any related instrument that materially affects the activities of Management contemplated hereunder or the authority of any named fiduciary or investment manager to authorize Client investments or retention of investment advisers and (C) any alteration in the identity of any named fiduciary or investment manager, including itself, who has the authority to approve Client investments.
(c) If Client is subject to ERISA in accordance with sections 405(c)(1), 405(c)(2) and 405(d) of ERISA, or an owner only retirement plan or Account, the fiduciary responsibilities of Management and any officer, director, emplo...
Retirement or Employee Benefit Plan Accounts. This section applies to an Account that is a pension or other employee
Retirement or Employee Benefit Plan Accounts. This Section 10 applies if the Account is for a (i) pension or other employee benefit plan (including a 401(k) plan) governed by the Employee Retirement Income Security Act of 1974, as amended (“ERISA”); (ii) tax-qualified retirement plan (including a Xxxxx plan) under section 401(a) of the Internal Revenue Code of 1986, as amended (the “Code”), and not covered by ERISA; or (iii) an individual retirement account (“XXX”) under Section 408 of the Code. If the Account is for a plan subject to ERISA, Client appoints Adviser, and Adviser accepts its appointment, as an “investment manager” for purposes of Section 3(38) of ERISA and Adviser acknowledges that it is a “fiduciary” within the meaning of Section 3(21)(A) of ERISA and Section 4975(e)(3) of the Code (but only with respect to the provision of services described in Section 1 of this Agreement). Adviser represents that it is registered as an investment adviser under state law. If the Account is for a plan subject to ERISA, this Agreement contains the disclosures required by ERISA Regulation Section 2550.408b- 2(c) and which disclosures Client has received reasonably in advance of entering into this Agreement. In addition, Adviser will provide the following disclosures, when required:
(i) Adviser will disclose, to the extent required by ERISA Regulation Section 2550.408b-2(c), to Client any change to the information in this Agreement as to services, status and compensation required to be disclosed under ERISA Regulation Section 2550.408b-2(c)(1)(iv)(A) through (D), and (G) as soon as practicable, but no later than sixty (60) days from the date on which Adviser is informed of the change (unless such disclosure is precluded due to extraordinary circumstances beyond Adviser’s control, in which case the information will be disclosed as soon as practicable).
(ii) In accordance with ERISA Regulation Section 2550.408b-2(c)(1)(vi), upon Client’s written request, Adviser will disclose all information related to the compensation or fees received in connection with this Agreement that is required for the ERISA plan to comply with the reporting and disclosure requirements of Title I of ERISA and the regulations, forms and schedules issued thereunder. Such disclosure shall be made reasonably in advance of the date upon which Client states that such information is needed (unless such disclosure is precluded due to extraordinary circumstances beyond Adviser’s control, in which case the information will be disclosed as soo...
Retirement or Employee Benefit Plan Accounts. This Section applies if the Managed Assets are for a: (i) pension or other employee benefit plan (including a 401(k) plan) governed by ERISA;
Retirement or Employee Benefit Plan Accounts. This Section of the Agreement applies if the Client Account is for a (a) pension or other employee benefit plan (including a 401(k) plan) governed by the Employee Retirement Income Security Act of 1974, as amended (“ERISA”); (b) tax-qualified retirement plan (including a Xxxxx plan) under Section
Retirement or Employee Benefit Plan Accounts. This Section applies if we (including our individual adviser representatives) provide investment management services or investment advice, within the meaning of ERISA Regulation 2510.3-21(c), with respect to any Assets that are
(i) held in an account that is part of an employee benefit plan described in section 3(3) of the Employee Retirement Income Security Act (an “ERISA Account”); (ii) held in an account that is part of any other plan described in Section 4975(e)(1)(A) of the Internal Revenue Code of 1986, as amended (the “Code”), or (iii) held in an individual retirement account or other account described in Code Sections 4975(e)(1)(B) through (F), (each, a “Retirement Account” and collectively, “Retirement Accounts”). We represent that we are registered as an investment adviser under the Investment Advisers Act of 1940 and duly qualified to advise about Retirement Account assets under applicable regulations. We acknowledge that we are acting as a “fiduciary” within the meaning of Section 3(21)(A) of ERISA and/or Section 4975(e)(3) of the Code, as the case may be, with respect to the provision of such investment management services and/or investment advice to Retirement Account assets. You acknowledge the following with respect to such investment management services and/or investment advice: (A) such services are authorized under the governing documents for such Retirement Accounts, (B) our investment recommendations and decisions shall be subject to the governing documents of such Retirement Accounts and in the case of an ERISA Account, may be limited to the investment alternatives provided under the ERISA plan of which such ERISA Account is a part, (C) if we are providing discretionary investment management services with respect to Assets in your ERISA Account, then you hereby appoint us as an “investment manager” as defined in Section 3(38) of ERISA with respect to the ERISA Account Assets, and we hereby accept the appointment and agree to provide investment management services for the ERISA Account, (D) in the case of an ERISA Account, in the event the Plan sponsor will not permit us direct access to the ERISA Account Assets to effect Plan transactions, you acknowledge and understand
(i) we will not receive any communications from the Plan sponsor or custodian, and it shall remain your exclusive obligation to notify us of any changes in investment alternatives and restrictions pertaining to the ERISA Account Assets; and (ii) we shall not be respons...
Retirement or Employee Benefit Plan Accounts. CAPTRUST acknowledges that it is a “fiduciary” within the meaning of Section 3(21) of ERISA (but only with respect to the provision of investment advisory services described in Section 2 of this Agreement). CAPTRUST represents and warrants that it is registered as an investment advisor with the Securities and Exchange Commission. You represent, warrant and agree that retaining CAPTRUST to provide the services contemplated by this Agreement is authorized by and does not violate the Plans’ governing documents. You agree that you will promptly notify CAPTRUST of any amendments to the Plans or any other change in facts or circumstances that would affect the representation, warranty and agreement set forth in the preceding sentence.
Retirement or Employee Benefit Plan Accounts. This section applies to an Investment Management Account that is a pension or other employee benefit plan (a “Plan”) governed by ERISA. If the account is part of a Plan, Client hereby appoints Investment Manager and Investment Manager accepts appointment as an investment manager to provide advisory services to such account. Investment Manager acknowledges that it is a “fiduciary” within the meaning of ERISA (but only with respect to the provision of services described in Section 3 of this Agreement).
