Services and Duties. As Administrator, and subject to the supervision and control of the Trustees of each Trust, EIS will hereafter provide facilities, equipment and personnel to carry out the following administrative services for operation of the business and affairs of each Trust and each of its series: (a) Prepare, file and maintain each Trust’s governing documents, including the Declaration of Trust (which has previously been prepared and filed), the By laws, minutes of meetings of Trustees and shareholders, and proxy statements for meetings of shareholders; (b) Prepare and file with the Securities and Exchange Commission and the appropriate state securities authorities the registration statements for each Trust and each Trust’s shares and all amendments thereto, reports to regulatory authorities and shareholders, prospectuses, proxy statements, and such other documents as may be necessary or convenient to enable the Trust to make a continuous offering of its shares; (c) Prepare, negotiate and administer contracts on behalf of each Trust with, among others, each Trust’s distributor, and custodian and transfer agent; (d) Supervise each Trust’s fund accounting agent in the maintenance of each Trust's general ledger and in the preparation of each Trust's financial statements, including oversight of expense accruals and payments and the determination of the net asset value of each Trust's assets and of each Trust’s shares, and of the declaration and payment of dividends and other distributions to shareholders; (e) Calculate performance data of each Trust for dissemination to information services covering the investment company industry; (f) Prepare and file each Trust's tax returns; (g) Examine and review the operations of each Trust's custodian and transfer agent; (h) Coordinate the layout and printing of publicly disseminated prospectuses and reports; (i) Prepare various shareholder reports; (j) Assist with the design, development and operation of new series of each Trust; (k) Coordinate shareholder meetings; (l) Provide general compliance services; and (m) Advise each Trust and its Trustees on matters concerning the Trust and its affairs. The foregoing, along with any additional services that EIS shall agree in writing to perform for each Trust hereunder, shall hereafter be referred to as "Administrative Services." Administrative Services shall not include any duties, functions, or services to be performed for each Trust by such Trust’s investment adviser, distributor, custodian or transfer agent pursuant to their agreements with such Trust.
Appears in 24 contracts
Samples: Administrative Services Agreement (Evergreen Money Market Trust), Administrative Services Agreement (Evergreen Equity Trust /De/), Administrative Services Agreement (Evergreen Select Money Market Trust)
Services and Duties. As Administrator, and subject to the supervision and control of the Trustees of each the Trust, EIS will hereafter provide facilities, equipment and personnel to carry out the following administrative services for operation of the business and affairs of each the Trust and each of its series:
(a) Prepare, file and maintain each the Trust’s 's governing documents, including the Declaration of Trust (which has previously been prepared and filed), the By laws, minutes of meetings of Trustees and shareholders, and proxy statements for meetings of shareholders;
(b) Prepare and file with the Securities and Exchange Commission and the appropriate state securities authorities the registration statements for each the Trust and each the Trust’s 's shares and all amendments thereto, reports to regulatory authorities and shareholders, prospectuses, proxy statements, and such other documents as may be necessary or convenient to enable the Trust to make a continuous offering of its shares;
(c) Prepare, negotiate and administer contracts on behalf of each the Trust with, among others, each the Trust’s 's distributor, and custodian and transfer agent;
(d) Supervise each the Trust’s 's fund accounting agent in the maintenance of each the Trust's general ledger and in the preparation of each the Trust's financial statements, including oversight of expense accruals and payments and the determination of the net asset value of each the Trust's assets and of each the Trust’s 's shares, and of the declaration and payment of dividends and other distributions to shareholders;
(e) Calculate performance data of each the Trust for dissemination to information services covering the investment company industry;
(f) Prepare and file each the Trust's tax returns;
(g) Examine and review the operations of each the Trust's custodian and transfer agent;
(h) Coordinate the layout and printing of publicly disseminated prospectuses and reports;
(i) Prepare various shareholder reports;
(j) Assist with the design, development and operation of new series of each the Trust;
(k) Coordinate shareholder meetings;
(l) Provide general compliance services; and
(m) Advise each the Trust and its Trustees on matters concerning the Trust and its affairs. The foregoing, along with any additional services that EIS shall agree in writing to perform for each the Trust hereunder, shall hereafter be referred to as "Administrative Services." Administrative Services shall not include any duties, functions, or services to be performed for each the Trust by such the Trust’s 's investment adviser, distributor, custodian or transfer agent pursuant to their agreements with such the Trust.
Appears in 15 contracts
Samples: Administrative Services Agreement (Evergreen Select Equity Trust), Administrative Services Agreement (Evergreen Select Equity Trust), Administrative Services Agreement (Evergreen Equity Trust /De/)
Services and Duties. As Administrator, and subject to the supervision and control of the Trustees of each the Trust, EIS will hereafter provide facilities, equipment and personnel to carry out the following administrative services for operation of the business and affairs of each the Trust and each of its seriesportfolios:
(a) Prepareprepare, file and maintain each the Trust’s 's governing documents, including the Declaration of Trust (which has previously been prepared and filed), the By By-laws, minutes of meetings of Trustees and shareholders, and proxy statements for meetings of shareholders;
(b) Prepare prepare and file with the Securities and Exchange Commission and the appropriate state securities authorities the registration statements for each the Trust and each the Trust’s 's shares and all amendments thereto, reports to regulatory authorities and shareholders, prospectuses, proxy statements, and such other documents as may be necessary or convenient to enable the Trust to make a continuous offering of its shares;
(c) Prepareprepare, negotiate and administer contracts on behalf of each the Trust with, among others, each the Trust’s 's distributor, and custodian and transfer agent;
(d) Supervise each supervise the Trust’s 's fund accounting agent in the maintenance of each the Trust's general ledger and in the preparation of each the Trust's financial statements, including oversight of expense accruals and payments and the determination of the net asset value of each the Trust's assets and of each the Trust’s 's shares, and of the declaration and payment of dividends and other distributions to shareholders;
(e) Calculate calculate performance data of each the Trust for dissemination to information services covering the investment company industry;
(f) Prepare prepare and file each the Trust's tax returns;
(g) Examine examine and review the operations of each the Trust's custodian and transfer agent;
(h) Coordinate coordinate the layout and printing of publicly disseminated prospectuses and reports;
(i) Prepare prepare various shareholder reports;
(j) Assist assist with the design, development and operation of new series portfolios of each the Trust;
(k) Coordinate coordinate shareholder meetings;
(l) Provide provide general compliance services; and
(m) Advise each advise the Trust and its Trustees on matters concerning the Trust and its affairs. The foregoing, along with any additional services that EIS shall agree in writing to perform for each the Trust hereunder, shall hereafter be referred to as "Administrative Services." Administrative Services shall not include any duties, functions, or services to be performed for each the Trust by such the Trust’s 's investment adviser, distributor, custodian or transfer agent pursuant to their agreements with such the Trust.
Appears in 9 contracts
Samples: Administrative Services Agreement (Evergreen Equity Trust /De/), Administrative Services Agreement (Mentor Institutional Trust), Administrative Services Agreement (Evergreen Select Fixed Income Trust)
Services and Duties. As Administrator, and subject to the supervision and control of the Trustees of each the Trust, EIS will hereafter provide facilities, equipment and personnel to carry out the following administrative services for operation of the business and affairs of each the Trust and each of its seriesportfolios:
(a) Prepare, file and maintain each the Trust’s 's governing documents, including the Declaration of Trust (which has previously been prepared and filed), the By laws, minutes of meetings of Trustees and shareholders, and proxy statements for meetings of shareholders;
(b) Prepare and file with the Securities and Exchange Commission and the appropriate state securities authorities the registration statements for each the Trust and each the Trust’s 's shares and all amendments thereto, reports to regulatory authorities and shareholders, prospectuses, proxy statements, and such other documents as may be necessary or convenient to enable the Trust to make a continuous offering of its shares;
(c) Prepare, negotiate and administer contracts on behalf of each the Trust with, among others, each the Trust’s 's distributor, and custodian and transfer agent;
(d) Supervise each the Trust’s 's fund accounting agent in the maintenance of each the Trust's general ledger and in the preparation of each the Trust's financial statements, including oversight of expense accruals and payments and the determination of the net asset value of each the Trust's assets and of each the Trust’s 's shares, and of the declaration and payment of dividends and other distributions to shareholders;
(e) Calculate performance data of each the Trust for dissemination to information services covering the investment company industry;
(f) Prepare and file each the Trust's tax returns;
(g) Examine and review the operations of each the Trust's custodian and transfer agent;
(h) Coordinate the layout and printing of publicly disseminated prospectuses and reports;
(i) Prepare various shareholder reports;
(j) Assist with the design, development and operation of new series portfolios of each the Trust;
(k) Coordinate shareholder meetings;
(l) Provide general compliance services; and
(m) Advise each the Trust and its Trustees on matters concerning the Trust and its affairs. The foregoing, along with any additional services that EIS shall agree in writing to perform for each the Trust hereunder, shall hereafter be referred to as "Administrative Services." Administrative Services shall not include any duties, functions, or services to be performed for each the Trust by such the Trust’s 's investment adviser, distributor, custodian or transfer agent pursuant to their agreements with such the Trust.
Appears in 9 contracts
Samples: Administrative Services Agreement (Evergreen Municipal Trust /De/), Administrative Services Agreement (Mentor Funds), Administrative Services Agreement (Cash Resource Trust /Ma/)
Services and Duties. As Administrator, and subject to the supervision and control of the Trustees of each the Trust, EIS will hereafter provide facilities, equipment and personnel to carry out the following administrative services for operation of the business and affairs of each Trust and each of its seriesthe Trust:
(a) Prepare, file and maintain each the Trust’s 's governing documents, including the Declaration of Trust (which has previously been prepared and filed), the By laws, minutes of meetings of Trustees and shareholders, and proxy statements for meetings of shareholders;
(b) Prepare and file with the Securities and Exchange Commission and the appropriate state securities authorities the registration statements for each the Trust and each the Trust’s 's shares and all amendments thereto, reports to regulatory authorities and shareholders, prospectuses, proxy statements, and such other documents as may be necessary or convenient to enable the Trust to make a continuous an offering of its shares;
(c) Prepare, negotiate and administer contracts on behalf of each the Trust with, among others, each the Trust’s distributor's underwriters, and custodian and transfer agent;
(d) Supervise each the Trust’s 's fund accounting agent in the maintenance of each the Trust's general ledger and in the preparation of each the Trust's financial statements, including oversight of expense accruals and payments and the determination of the net asset value of each the Trust's assets and of each the Trust’s 's shares, and of the declaration and payment of dividends and other distributions to shareholders;
(e) Calculate performance data of each the Trust for dissemination to information services covering the investment company industry;
(f) Prepare and file each the Trust's tax returns;
(g) Examine and review the operations of each the Trust's custodian and transfer agent;
(h) Coordinate the layout and printing of publicly disseminated prospectuses and reports;
(i) Prepare various shareholder reports;
(j) Assist Prepare and file an application for listing the Trust's shares on the American Stock Exchange, and prepare and file any other documents required to be filed with such Exchange or any other exchange on which the design, development and operation of new series of each Trust's shares are listed or traded;
(k) Coordinate shareholder meetings;
(l) Provide general compliance services; and
(m) Advise each the Trust and its Trustees on matters concerning the Trust and its affairs. The foregoing, along with any additional services that EIS shall agree in writing to perform for each the Trust hereunder, shall hereafter be referred to as "Administrative Services." Administrative Services shall not include any duties, functions, or services to be performed for each the Trust by such the Trust’s 's investment adviser, distributorunderwriters, custodian or transfer agent pursuant to their agreements with such the Trust.
Appears in 4 contracts
Samples: Administrative Services Agreement (Evergreen International Balanced Income Fund), Administrative Services Agreement (Evergreen Income Advantage Fund), Administrative Services Agreement (Evergreen Utilities & High Income Fund)
Services and Duties. (a) As Administrator, and subject to the supervision and control of the Trustees Trust's Board of each TrustTrustees, EIS BISYS will hereafter provide facilities, equipment equipment, statistical and research data, clerical services, internal compliance services relating to legal matters, and personnel to carry out the following all administrative services required for operation of the business and affairs of each Trust the Trust, other than those investment advisory functions which are to be performed by the Trust's investment advisers, the services of BISYS as Distributor pursuant to the Distribution Agreement, those services to be performed by the Trust's custodian, transfer agent and each of its seriesfund accounting agent, and those services normally performed by the Trust's counsel and auditors. BISYS' responsibilities include without limitation the following services:
(a1) Prepare, file Providing a facility to receive purchase and maintain each Trust’s governing documents, including the Declaration of Trust (which has previously been prepared and filed), the By laws, minutes of meetings of Trustees and shareholders, and proxy statements for meetings of shareholdersredemption orders via toll-free IN-XXXXX telephone lines or via electronic transmission;
(b2) Prepare Providing for the preparing, supervising and file with the Securities mailing of confirmations for wire, telephone and Exchange Commission electronic purchase and the appropriate state securities authorities the registration statements for each Trust and each Trust’s shares and all amendments thereto, reports to regulatory authorities and shareholders, prospectuses, proxy statements, and such other documents as may be necessary or convenient to enable the Trust to make a continuous offering of its sharesredemption orders;
(c3) Prepare, negotiate Providing and administer contracts on behalf supervising the operation of each Trust with, among others, each Trust’s distributor, an automated data processing system to process purchase and custodian and transfer agentredemption orders received by BISYS (BISYS assumes responsibility for the accuracy of the data transmitted for processing or storage);
(d4) Supervise each Trust’s fund accounting agent in Overseeing the maintenance of each Trust's general ledger and in the preparation of each Trust's financial statements, including oversight of expense accruals and payments and the determination performance of the net asset value of each Trust's assets and of each Trust’s shares, and of the declaration and payment of dividends and other distributions to shareholders;
(e) Calculate performance data of each Trust for dissemination to information services covering the investment company industry;
(f) Prepare and file each Trust's tax returns;
(g) Examine and review the operations of each Trust's custodian and transfer agent;
(5) Making available information concerning each Fund to its shareholders; distributing written communications to each Fund's shareholders of record such as periodic listings of each Fund's securities, annual and semi-annual reports, and Prospectuses and supplements thereto; and handling shareholder problems and calls relating to administrative matters; and
(6) Providing and supervising the services of employees whose principal responsibility and function shall be to preserve and strengthen each Fund's relationships with its shareholders.
(b) BISYS shall assure that persons are available to transmit wire, telephone or electronic redemption requests to the Trust's transfer agent as promptly as practicable.
(c) BISYS shall assure that persons are available to transmit wire, telephone or electronic orders accepted for the purchase of Shares to the Trust's transfer agent as promptly as practicable.
(d) BISYS shall participate in the periodic updating of the Prospectuses and shall coordinate (i) the filing, printing and dissemination of reports to each Fund's shareholders and the Commission, including but not limited to annual reports and semi-annual reports on Form N-SAR and notices pursuant to Rule 24f-2, (ii) the preparation, filing, printing and dissemination of proxy materials, and (iii) the preparation and filing of post-effective amendments to the Trust's Registration Statement on Form N-1A relating to the updating of financial information and other routine matters.
(e) BISYS shall pay all costs and expenses of maintaining the offices of the Trust, wherever located, and shall arrange for payment by the Trust of all expenses payable by the Trust.
(f) BISYS, after consultation with legal counsel for the Trust, shall determine the jurisdictions in which the Shares shall be registered or qualified for sale and, in connection therewith, shall be responsible for the maintenance of the registration or qualification of the 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 Funds shall be made by the Funds.
(g) BISYS shall provide the services of certain persons who may be appointed as officers of the Trust by the Trust's Board of Trustees.
(h) Coordinate BISYS shall oversee the layout maintenance by the Trust's custodian and printing transfer agent of publicly disseminated prospectuses the books and reports;records required under the 1940 Act in connection with the performance of the Trust's agreements with such entities, and shall maintain, or provide for the maintenance of, such other books and records (other than those required to be maintained by the Trust's investment advisers and fund accounting agent) as may be required by law or may be required for the proper operation of the business and affairs of the Trust and each Fund. In compliance with the requirements of Rule 31a-3 under the 1940 Act, BISYS agrees that all such books and records which it maintains, or is responsible for maintaining, for the Funds are the property of the Trust and further agrees to surrender promptly to the Trust any of such books and records upon the Trust's request. BISYS further agrees to preserve for the periods prescribed by Rule 31a-2 under the 1940 Act said books and records required to be maintained by Rule 31a-1 under said Act.
(i) Prepare various shareholder reports;BISYS shall coordinate the preparation of the Funds' federal, state and local income tax returns.
(j) Assist BISYS shall prepare such other reports relating to the business and affairs of the Trust and each Fund (not otherwise appropriately prepared by the Trust's investment adviser, transfer agent, fund accounting agent or the Trust's counsel or auditors) as the officers and Trustees of the Trust may from time to time reasonably request in connection with the design, development and operation performance of new series of each Trust;their duties.
(k) Coordinate shareholder meetings;
(l) Provide general compliance services; and
(m) Advise each Trust In performing its duties as Administrator of the Trust, BISYS will act in conformity with the Trust's Certificate, By-Laws and its Prospectuses and with the instructions and directions of the Board of Trustees on matters concerning of the Trust and its affairs. The foregoing, along will conform to and comply with any additional services that EIS shall agree in writing to perform for each Trust hereunder, shall hereafter be referred to as "Administrative Servicesthe requirements of the 1940 Act and all other applicable federal or state laws and regulations." Administrative Services shall not include any duties, functions, or services to be performed for each Trust by such Trust’s investment adviser, distributor, custodian or transfer agent pursuant to their agreements with such Trust.
Appears in 4 contracts
Samples: Administration Agreement (Victory Portfolios), Administration Agreement (Victory Portfolios), Administration Agreement (Victory Portfolios)
Services and Duties. As Administrator, and subject to the supervision and control of the Trustees of each the Trust, EIS will hereafter provide facilities, equipment and personnel to carry out the following administrative services for operation of the business and affairs of each the Trust and each of its seriesportfolios:
(a) Prepareprepare, file and maintain each the Trust’s 's governing documents, including the Declaration of Trust (which has previously been prepared and filed), the By laws, minutes of meetings of Trustees and shareholders, and proxy statements for meetings of shareholders;
(b) Prepare prepare and file with the Securities and Exchange Commission and the appropriate state securities authorities the registration statements for each the Trust and each the Trust’s 's shares and all amendments thereto, reports to regulatory authorities and shareholders, prospectuses, proxy statements, and such other documents as may be necessary or convenient to enable the Trust to make a continuous offering of its shares;
(c) Prepareprepare, negotiate and administer contracts on behalf of each the Trust with, among others, each the Trust’s 's distributor, and custodian and transfer agent;
(d) Supervise each supervise the Trust’s 's fund accounting agent in the maintenance of each the Trust's general ledger and in the preparation of each the Trust's financial statements, including oversight of expense accruals and payments and the determination of the net asset value of each the Trust's assets and of each the Trust’s 's shares, and of the declaration and payment of dividends and other distributions to shareholders;
(e) Calculate calculate performance data of each the Trust for dissemination to information services covering the investment company industry;
(f) Prepare prepare and file each the Trust's tax returns;
(g) Examine examine and review the operations of each the Trust's custodian and transfer agent;
(h) Coordinate coordinate the layout and printing of publicly disseminated prospectuses and reports;
(i) Prepare prepare various shareholder reports;
(j) Assist assist with the design, development and operation of new series portfolios of each the Trust;
(k) Coordinate coordinate shareholder meetings;
(l) Provide provide general compliance services; and
(m) Advise each advise the Trust and its Trustees on matters concerning the Trust and its affairs. The foregoing, along with any additional services that EIS shall agree in writing to perform for each the Trust hereunder, shall hereafter be referred to as "Administrative Services." Administrative Services shall not include any duties, functions, or services to be performed for each the Trust by such the Trust’s 's investment adviser, distributor, custodian or transfer agent pursuant to their agreements with such the Trust.
Appears in 3 contracts
Samples: Administrative Services Agreement (Evergreen International Trust), Administrative Services Agreement (Evergreen Equity Trust /De/), Administrative Services Agreement (Evergreen Select Equity Trust)
Services and Duties. As Administrator, and subject to the supervision and control of the Trustees of each Trust, EIS will hereafter provide facilities, equipment and personnel to carry out the following administrative services for operation of the business and affairs of each Trust and each of its series:
(a) Prepare, file and maintain each e ach Trust’s governing documents, including the Declaration of Trust (which has previously been prepared and filed), the By laws, minutes of meetings of Trustees and shareholders, and proxy statements for meetings of shareholders;
(b) Prepare and file with the Securities and Exchange Commission and the appropriate state securities authorities the registration statements for each e ach Trust and each e ach Trust’s shares and all amendments thereto, reports to regulatory authorities and shareholders, prospectuses, proxy statements, and such other documents as may be necessary or convenient to enable the Trust to make a continuous offering of its shares;
(c) Prepare, negotiate and administer contracts on behalf of each e ach Trust with, among others, each e ach Trust’s distributor, and custodian and transfer agent;
(d) Supervise each e ach Trust’s fund accounting agent in the maintenance of each e ach Trust's general ledger and in the preparation of each e ach Trust's financial statements, including oversight of expense accruals and payments and the determination of the net asset value of each e ach Trust's assets and of each e ach Trust’s shares, and of the declaration and payment of dividends and other distributions to shareholders;
(e) Calculate performance data of each e ach Trust for dissemination to information services covering the investment company industry;
(f) Prepare and file each e ach Trust's tax returns;
(g) Examine and review the operations of each e ach Trust's custodian and transfer agent;
(h) Coordinate the layout and printing of publicly disseminated prospectuses and reports;
(i) Prepare various shareholder reports;
(j) Assist with the design, development and operation of new series of each e ach Trust;
(k) Coordinate shareholder meetings;
(l) Provide general compliance services; and
(m) Advise each e ach Trust and its Trustees on matters concerning the Trust and its affairs. The foregoing, along with any additional services that EIS shall agree in writing to perform for each e ach Trust hereunder, shall hereafter be referred to as "Administrative Services." Administrative Services shall not include any duties, functions, or services to be performed for each e ach Trust by such Trust’s investment adviser, distributor, custodian or transfer agent pursuant to their agreements with such Trust.
Appears in 3 contracts
Samples: Administrative Services Agreement (Evergreen Select Fixed Income Trust), Administrative Services Agreement (Evergreen Municipal Trust /De/), Administrative Services Agreement (Evergreen Equity Trust /De/)
Services and Duties. As Administrator, and subject to the supervision and control of the Trustees of each the Trust, EIS will hereafter provide facilities, equipment and personnel to carry out the following administrative services for operation of the business and affairs of each Trust and each of its seriesthe Trust:
(a) Prepare, file and maintain each the Trust’s governing documents, including the Declaration of Trust (which has previously been prepared and filed), the By laws, minutes of meetings of Trustees and shareholders, and proxy statements for meetings of shareholders;
(b) Prepare and file with the Securities and Exchange Commission and the appropriate state securities authorities the registration statements for each the Trust and each the Trust’s shares and all amendments thereto, reports to regulatory authorities and shareholders, prospectuses, proxy statements, and such other documents as may be necessary or convenient to enable the Trust to make a continuous an offering of its shares;
(c) Prepare, negotiate and administer contracts on behalf of each the Trust with, among others, each the Trust’s distributorunderwriters, and custodian and transfer agent;
(d) Supervise each the Trust’s fund accounting agent in the maintenance of each the Trust's ’s general ledger and in the preparation of each the Trust's ’s financial statements, including oversight of expense accruals and payments and the determination of the net asset value of each the Trust's ’s assets and of each the Trust’s shares, and of the declaration and payment of dividends and other distributions to shareholders;
(e) Calculate performance data of each the Trust for dissemination to information services covering the investment company industry;
(f) Prepare and file each the Trust's ’s tax returns;
(g) Examine and review the operations of each the Trust's ’s custodian and transfer agent;
(h) Coordinate the layout and printing of publicly disseminated prospectuses and reports;
(i) Prepare various shareholder reports;
(j) Assist Prepare and file an application for listing the Trust’s shares on the American Stock Exchange, and prepare and file any other documents required to be filed with such Exchange or any other exchange on which the design, development and operation of new series of each Trust’s shares are listed or traded;
(k) Coordinate shareholder meetings;
(l) Provide general compliance services; and
(m) Advise each the Trust and its Trustees on matters concerning the Trust and its affairs. The foregoing, along with any additional services that EIS shall agree in writing to perform for each the Trust hereunder, shall hereafter be referred to as "“Administrative Services." ” Administrative Services shall not include any duties, functions, or services to be performed for each the Trust by such the Trust’s investment adviser, distributorunderwriters, custodian or transfer agent pursuant to their agreements with such the Trust.
Appears in 3 contracts
Samples: Administrative Services Agreement (Evergreen Global Dividend Opportunity Fund), Administrative Services Agreement (Evergreen Global Dividend Opportunity Fund), Administrative Services Agreement (Evergreen Global Dividend Opportunity Fund)
Services and Duties. As Administrator, and subject to the supervision and control of the Trustees Trust's Board of each TrustTrustees, EIS the Administrator will hereafter provide facilities, equipment equipment, and personnel to carry out the following administrative and fund accounting services for operation of the business and affairs of each the Trust and each of its seriesthe Funds covered by this Agreement:
(a) Preparea. prepare, file file, and maintain each the Trust’s 's governing documents, including the Declaration of Trust (which has previously been prepared and filed)Trust, the By lawsBylaws, minutes of meetings of Trustees and shareholders, and proxy statements for meetings of shareholders;
(b) Prepare b. prepare and file on a timely basis with the Securities and Exchange Commission and the appropriate state securities authorities the registration statements for each Trust the Trust, relating to the Funds and each Trust’s shares the Funds' shares, and all amendments thereto, the Trust's reports pursuant to Investment Company Act Rule 24f-2, reports to shareholders and regulatory authorities authorities, including form N-SAR, and shareholders, prospectuses, proxy statements, and such other documents as may be necessary or convenient to enable the Trust to make a continuous offering of the Fund's shares and to conduct its sharesaffairs;
(c) Preparec. prepare, negotiate negotiate, and administer contracts on behalf of each Trust the Funds with, among others, each Trust’s distributor, and custodian and transfer agent;
(d) Supervise each Trust’s fund accounting agent in the maintenance of each Trust's general ledger and in the preparation of each Trust's financial statements, including oversight of expense accruals and payments and the determination of the net asset value of each Trust's assets and of each Trust’s shares, and of the declaration and payment of dividends and other distributions to shareholders;
(e) Calculate performance data of each Trust for dissemination to information services covering the investment company industry;
(f) Prepare and file each Trust's tax returns;
(g) Examine and review the operations of each Trust's custodian and transfer agent;
(h) Coordinate d. supervise the Trust's custodian;
e. calculate performance data of the Funds;
f. prepare and file on a timely basis the Federal and State income and other tax returns for the Funds;
g. examine and review the operations of the Trust's custodian, transfer agent and investment adviser and the Funds' subadvisers, if any, to promote compliance with applicable state and federal law;
h. coordinate the layout and printing of publicly disseminated prospectuses and reports;
(i) Prepare various shareholder reportsi. perform internal audit examinations in accordance with procedures to be adopted by the Administrator and the Trust;
(j) Assist j. assist with the design, development development, and operation of new series of each Trustthe Funds;
(k) Coordinate shareholder meetingsk. provide individuals reasonably acceptable to the Trust's Board of Trustees for nomination, appointment, or election as officers of the Trust, who will be responsible for the management of certain of the Trust's affairs as determined by the Trust's Board of Trustees;
(l) Provide general l. monitor the Trust's compliance services; andwith Section 817 and Sections 851 through 855 of the Internal Revenue Code of 1986, as amended, and the regulations promulgated thereunder, so as to enable the Trust and each Fund to comply with the diversification requirements applicable to investments of variable contracts and for each to maintain its status as a "regulated investment company;"
(m) Advise each m. advise the Trust and its Board of Trustees on matters concerning the Funds and their affairs;
n. provide the Trust with office space and personnel; and
o. provide the Trust and its affairseach Fund with fund accounting services, including but not limited to the following services:
1) keeping and maintaining the following books and records of the Trust and each of the Funds pursuant to Rule 31a-1 under the Investment Company Act, including:
a) journals containing an itemized daily record of all purchase and sales of securities, all receipts and disbursements of cash and all other debit and credits, as required by Rule 31a-1(b)(1);
b) general and auxiliary ledgers reflecting all asset, liability, reserve, capital, income and expense accounts, including interest accrued and interest received, as required by Rule 31a-1(b)(2)(i);
c) separate ledger accounts required by Rule 31a-1(b)(2)(ii) and (iii); and
d) a monthly trial balance of all ledger accounts (except shareholder accounts) as required by Rule 31a-1(b)(8).
2) performing the following accounting services on a regular basis for each Fund, as may be reasonably requested by the Trust:
a) calculate the net asset value per share;
b) calculate the dividend and capital gain distribution, if any;
c) calculate a Fund's yield;
d) reconcile cash movements with the Trust's custodian;
e) affirm to the Trust's custodian all portfolio trades and cash movements;
f) verify and reconcile with the Trust's custodian all daily trade activity;
g) provide such reports as may be required by the Trust;
h) preparation of the Trust's financial statements, including oversight of expense accruals and payments;
i) calculating the deviation between marked-to-market and amortized cost valuations for any money market funds; and
j) such other similar services with respect to a Fund as may be reasonably requested by the Trust; and
p. assist in all aspects of the Funds' operations other than those provided under other specific contracts. The foregoing, along with any additional services that EIS the Administrator shall agree in writing to perform for each the Trust hereunder, shall hereafter be referred to as "Administrative Services." In compliance with the requirements of Rule 31a-3 under the Investment Company Act, the Administrator hereby agrees that all records that it maintains for the Trust are the property of the Trust and further agrees to surrender promptly to the Trust any of such records upon the Trust's request. The Administrator further agrees to preserve for the periods prescribed by Investment Company Act Rule 31a-2 the records required to be maintained by Investment Company Act Rule 31a-1. Administrative Services shall not include any duties, functions, or services to be performed for each the Trust by such the Trust’s 's investment adviser, distributorcustodian, custodian or transfer agent pursuant to their agreements with the Trust. The Administrator acknowledges the importance of efficient and prompt transmission of information to the life insurance companies affiliated with the Administrator ("Nationwide"), the purchaser of Trust shares to fund the obligations of certain variable annuity contracts. The Administrator agrees to use its best efforts to meet the deadline for transmission of pricing information presently set by Nationwide and such other time deadlines as may be established from time to time in the future. When performing Administrative Services to the Trust and for the Funds, the Administrator will comply with the provisions of the Declaration of Trust and Bylaws of the Trust, will safeguard and promote the welfare of the Trust and the Funds, and will comply with the policies that the Trustees may from time to time reasonably determine, provided that such policies are not in conflict with this Agreement, the Trust's governing documents, or any applicable statutes or regulations.
Appears in 3 contracts
Samples: Fund Administration Agreement (Nationwide Separate Account Trust), Fund Administration Agreement (Nationwide Separate Account Trust), Fund Administration Agreement (Nationwide Separate Account Trust)
Services and Duties. As Administrator, and subject to the supervision and control of the Trustees of each Trust, EIS will hereafter provide facilities, equipment and personnel to carry out the following administrative services for operation of the business and affairs of each Trust and each of its series:
(a) Prepare, file and maintain each Trust’s 's governing documents, including the Declaration of Trust (which has previously been prepared and filed), the By laws, minutes of meetings of Trustees and shareholders, and proxy statements for meetings of shareholders;
(b) Prepare and file with the Securities and Exchange Commission and the appropriate state securities authorities the registration statements for each Trust and each Trust’s 's shares and all amendments thereto, reports to regulatory authorities and shareholders, prospectuses, proxy statements, and such other documents as may be necessary or convenient to enable the Trust to make a continuous offering of its shares;
(c) Prepare, negotiate and administer contracts on behalf of each Trust with, among others, each Trust’s 's distributor, and custodian and transfer agent;
(d) Supervise each Trust’s 's fund accounting agent in the maintenance of each Trust's general ledger and in the preparation of each Trust's financial statements, including oversight of expense accruals and payments and the determination of the net asset value of each Trust's assets and of each Trust’s 's shares, and of the declaration and payment of dividends and other distributions to shareholders;
(e) Calculate performance data of each Trust for dissemination to information services covering the investment company industry;
(f) Prepare and file each Trust's tax returns;
(g) Examine and review the operations of each Trust's custodian and transfer agent;
(h) Coordinate the layout and printing of publicly disseminated prospectuses and reports;
(i) Prepare various shareholder reports;
(j) Assist with the design, development and operation of new series of each Trust;
(k) Coordinate shareholder meetings;
(l) Provide general compliance services; and
(m) Advise each Trust and its Trustees on matters concerning the Trust and its affairs. The foregoing, along with any additional services that EIS shall agree in writing to perform for each Trust hereunder, shall hereafter be referred to as "Administrative Services." Administrative Services shall not include any duties, functions, or services to be performed for each Trust by such Trust’s 's investment adviser, distributor, custodian or transfer agent pursuant to their agreements with such Trust.
Appears in 2 contracts
Samples: Administrative Services Agreement (Evergreen Equity Trust /De/), Administrative Services Agreement (Evergreen Select Fixed Income Trust)
Services and Duties. As Administrator, and subject to the supervision and control of the Trustees of each the Trust, EIS will hereafter provide facilities, equipment and personnel to carry out the following administrative services for operation of the business and affairs of each the Trust and each of its seriesportfolios:
(a1) Prepareprepare, file and maintain each the Trust’s =s governing documents, including the Declaration of Trust (which has previously been prepared and filed), the By By-laws, minutes of meetings of Trustees and shareholders, and proxy statements for meetings of shareholders;
(b2) Prepare prepare and file with the Securities and Exchange Commission and the appropriate state securities authorities the registration statements for each the Trust and each the Trust’s =s shares and all amendments thereto, reports to regulatory authorities and shareholders, prospectuses, proxy statements, and such other documents as may be necessary or convenient to enable the Trust to make a continuous offering of its shares;
(c3) Prepareprepare, negotiate and administer contracts on behalf of each the Trust with, among others, each the Trust’s =s distributor, and custodian and transfer agent;
(d4) Supervise each supervise the Trust’s =s fund accounting agent in the maintenance of each the Trust's =s general ledger and in the preparation of each the Trust's =s financial statements, including oversight of expense accruals and payments and the determination of the net asset value of each the Trust's =s assets and of each the Trust’s =s shares, and of the declaration and payment of dividends and other distributions to shareholders;
(e5) Calculate calculate performance data of each the Trust for dissemination to information services covering the investment company industry;
(f6) Prepare prepare and file each the Trust's =s tax returns;
(g7) Examine examine and review the operations of each the Trust's =s custodian and transfer agent;
(h) Coordinate 8) coordinate the layout and printing of publicly disseminated prospectuses and reports;
(i9) Prepare prepare various shareholder reports;
(j10) Assist assist with the design, development and operation of new series portfolios of each the Trust;
(k11) Coordinate coordinate shareholder meetings;
(l12) Provide provide general compliance services; and
(m13) Advise each advise the Trust and its Trustees on matters concerning the Trust and its affairs. The foregoing, along with any additional services that EIS shall agree in writing to perform for each the Trust hereunder, shall hereafter be referred to as "Administrative Services." AAdministrative Services.@ Administrative Services shall not include any duties, functions, or services to be performed for each the Trust by such the Trust’s =s investment adviser, distributor, custodian or transfer agent pursuant to their agreements with such the Trust.
Appears in 2 contracts
Samples: Administrative Services Agreement (Evergreen Municipal Trust /De/), Administrative Services Agreement (Evergreen Variable Trust /Oh)
Services and Duties. As Administrator, and subject Subject to the supervision and control of each respective Trust and the Trustees oversight of each Trust's Board of Trustees, EIS will hereafter provide facilities, equipment and personnel the Administrator undertakes to carry out perform the following administrative services for operation types of the business and affairs of each Trust and each of its seriesservices:
(a) Prepare, file Performance measurement and maintain each Trust’s governing documentsanalysis, including the Declaration of Trust (which has previously been prepared furnishing performance data, statistical data and filed), the By laws, minutes of meetings of Trustees and shareholders, and proxy statements for meetings of shareholdersresearch data;
(b) Prepare Tax and file with the Securities treasury services, including preparing and Exchange Commission filing various reports (including tax returns) or other documents required by federal, state and the appropriate state securities authorities the registration statements for each Trust other applicable laws and regulations other than those required to be filed by each Trust’s shares and all amendments thereto's custodian, reports to regulatory authorities and shareholders, prospectuses, proxy statements, and such other documents as may be necessary investment manager or convenient to enable the Trust to make a continuous offering of its sharestransfer agent;
(c) PrepareManagement of printing, negotiate including assisting in the preparation and administer contracts on behalf printing of each Trust withall documents, among others, each Trust’s distributor, prospectuses and custodian and transfer agentreports sent to shareholders;
(d) Supervise each Trust’s fund accounting agent in the maintenance of each Trust's general ledger Financial reporting and assisting in the preparation of each Trust's financial statements, including oversight of expense accruals and payments and the determination of the net asset value of each Trust's assets and of each Trust’s shares, and of the declaration and payment of dividends and other distributions to shareholders;
(e) Calculate performance data At the request of each Trust Trust, assisting in the preparation of all agendas, notices and minutes for dissemination meetings of each Trust's Board of Trustees or shareholders; assisting in the preparation of all resolutions to be voted upon by each Board of Trustees; assisting in the preparation of supporting information for such meetings with regard to the duties of the Administrator under this Agreement, and collection and distribution of supporting information for such meetings with respect to the duties performed by other persons who provide services covering to the investment company industryTrusts;
(f) Prepare and file At the request of each Trust's , developing and monitoring compliance procedures for each Series concerning, among other matters, adherence of each series to its investment objectives, policies, restrictions, tax returnsmatters and applicable laws and regulations;
(g) Examine and review the operations of each Trust's custodian and transfer agent;Blue sky monitoring; and
(h) Coordinate Management of legal services. The Administrator's duties shall not include acting as Trust accountant, pricing any Series' portfolio, acting as transfer agent or shareholder servicing agent, or performing blue sky registration services. To the layout and printing extent any of publicly disseminated prospectuses and reports;
these services are performed by the Administrator, the Administrator shall be entitled to separate compensation therefor. In performing its duties under this Agreement, the Administrator will (i) Prepare various shareholder reports;
act in accordance with each Trust's Agreement and Declaration of Trust and all amendments thereto (j) Assist the "Declaration of Trust"), each Trust's By-Laws, the effective prospectuses and statements of additional information of the Series and with the design, development instructions and operation of new series directions of each Trust;
, (kii) Coordinate shareholder meetings;
conform to and comply with the requirements of the Investment Company Act of 1940, as amended (lthe "Investment Company Act"), and all other applicable federal or state laws and regulations, and (iii) Provide general compliance services; and
(m) Advise consult with legal counsel to and the independent public accountants for each Trust, as necessary and appropriate, on whose advice the Administrator shall be entitled to rely. Each Trust will furnish the Administrator from time to time with copies of any documents that the Administrator may reasonably request and its Trustees on matters concerning the Trust and its affairs. The foregoing, along with any additional services that EIS shall agree in writing are necessary for it to perform for each Trust hereunder, shall hereafter be referred to its obligations and duties under this Agreement and will notify the Administrator as "Administrative Servicessoon as possible of any matter materially affecting the performance by the Administrator of its services under this Agreement." Administrative Services shall not include any duties, functions, or services to be performed for each Trust by such Trust’s investment adviser, distributor, custodian or transfer agent pursuant to their agreements with such Trust.
Appears in 2 contracts
Samples: Administrative Services Agreement (Montgomery Funds I), Administrative Services Agreement (Montgomery Funds Ii)
Services and Duties. As Administrator, and subject to the supervision and control of the Trustees Trust's Board of each TrustTrustees, EIS the Administrator will hereafter provide facilities, equipment equipment, and personnel to carry out the following administrative services for operation of the business and affairs of each the Trust and each of its seriesFunds:
(a) Preparea. prepare, file file, and maintain each the Trust’s 's governing documents, including the Declaration of Trust (which has previously already been prepared and filed), the By lawsBylaws, minutes of meetings of Trustees and shareholders, and proxy statements for meetings of shareholders;
(b) Prepare b. prepare and file with the Securities and Exchange Commission and the appropriate state securities authorities the registration statements for each the Trust and each the Trust’s 's shares and all amendments thereto, the Trust's reports pursuant to Investment Company Act Rule 24f-2, reports to shareholders and regulatory authorities authorities, including form N-SAR, and shareholders, prospectuses, proxy statements, and such other documents as may be necessary or convenient to enable the Trust to make a continuous offering of its sharesshares and to conduct its affairs;
(c) Preparec. prepare, negotiate negotiate, and administer contracts on behalf of each the Trust with, among others, each the Trust’s distributor, and 's custodian and transfer agent;
(d) Supervise each d. supervise the Trust’s 's custodian and fund accounting agent personnel in the maintenance of each the Trust's general ledger and in the preparation of each the Trust's financial statements, including oversight of expense accruals and payments and the payments, determination of the net asset value of each the Trust's assets and of each the Trust’s 's shares, and of the declaration and payment payments of dividends and other distributions to shareholders;
(e) Calculate e. calculate performance data of each Trust the Funds for dissemination to information services covering the investment company industry;
(f) Prepare f. prepare and file each on a timely basis the Trust's Federal and State income and other tax returns;
(g) Examine g. examine and review the operations of each the Trust's custodian custodian, transfer agent and transfer agentinvestment adviser to promote compliance with applicable state and federal law;
(h) Coordinate h. coordinate the layout and printing of publicly disseminated prospectuses and reports;
(i) Prepare various shareholder reportsi. perform internal audit examinations in accordance with procedures to be adopted by the Administrator and the Trust;
(j) Assist j. assist with the design, development development, and operation of new series of each the Trust;
(k) Coordinate shareholder meetingsk. provide individuals reasonably acceptable to the Trust's Board of Trustees for nomination, appointment, or election as officers of the Trust, who will be responsible for the management of certain of the Trust's affairs as determined by the Trust's Board. of Trustees;
(l) Provide general l. monitor the Trust's compliance services; andwith Section 817 and Sections 851 through 855 of the Internal Revenue Code of 1986, as amended, and the regulations promulgated thereunder, so as to enable the Trust to comply with the diversification requirements applicable to investments of variable contracts and to maintain its status as a "regulated investment company;"
(m) Advise each m. advise the Trust and its Board of Trustees on matters concerning the Trust and its affairs; and
n. provide the Trust with office space and personnel. The foregoing, along with any additional services that EIS the Administrator shall agree in writing to perform for each the Trust hereunder, shall hereafter be referred to as "Administrative Services." In compliance with the requirements of Rule 31a-3 under the Investment Company Act, the Administrator hereby agrees that all records that it maintains for the Trust are the property of the Trust and further agrees to surrender promptly to the Trust any of such records upon the Trust's request. The Administrator further agrees to preserve for the periods prescribed by Investment Company Act Rule 31a-2 the records required to be maintained by Investment Company Act Rule 31a-1. Administrative Services shall not include any duties, functions, or services to be performed for each the Trust by such the Trust’s 's investment adviser, distributorcustodian, custodian or transfer agent pursuant to their agreements with the Trust. The Administrator acknowledges the importance of efficient and prompt transmission of information to Nationwide Life and Annuity Insurance Company, the purchaser of Trust shares to fund the obligations of certain variable annuity contracts. The Administrator agrees to use its best efforts to meet the deadline for transmission of pricing information presently set by Nationwide Life and Annuity Insurance Company and such other time deadlines as may be established from time to time in the future. When performing Administrative Services to the Trust, the Administrator will comply with the provisions of the Declaration of Trust and Bylaws of the Trust, will safeguard and promote the welfare of the Trust, and will comply with the policies that the Trustees may from time to time reasonably determine, provided that such policies are not in conflict with this Agreement, the Trust's governing documents, or any applicable statutes or regulations.
Appears in 2 contracts
Samples: Administrative Services Agreement (One Group Investment Trust), Administrative Services Agreement (One Group Investment Trust)
Services and Duties. As Administratora. The Trust hereby appoints the Adviser to act as investment adviser to its separate series, listed on Exhibit A attached hereto and made a part hereof, as such Exhibit A may be amended from time to time (each a “Fund” and collectively, the “Funds”), for the period and on the terms set forth in this Agreement.
b. The Adviser shall perform, or arrange for its affiliates to perform, the management services necessary for the operation of each Fund and such other services as the Adviser, subject to review by the Board of Trustees of the Trust (the “Board of Trustees”), from time to time shall determine to be necessary or useful to perform its obligations under this Agreement. The Adviser, also on behalf of each Fund, shall coordinate with custodians, depositories, transfer agents, pricing agents, dividend disbursing agents, other shareholder servicing agents, accountants, attorneys, principal underwriters, brokers and dealers, corporate fiduciaries, insurers, banks and such other persons in any such other capacity deemed to be necessary or desirable.
c. Subject to the supervision, direction and approval of the Board of Trustees, the Adviser will conduct a continual program of investment, evaluation, sale, and subject reinvestment of each Fund’s assets. Subject to compliance with the supervision Fund’s investment objective, strategies and control restrictions, the compliance policies and procedures of the Trustees Trust and the Adviser as well as compliance with applicable law and regulation, the Adviser is authorized, in its sole discretion, to: (i) obtain and evaluate pertinent economic, financial, and other information affecting the economy generally and certain investment assets as such information relates to securities or other financial instruments that are purchased for or considered for purchase by each Fund; (ii) make investment decisions for each Fund (including the exercise or disposition of rights accompanying portfolio securities (such as tender offers or exchanges) and other attendant rights thereto); (iii) place purchase and sale orders for portfolio transactions on behalf of each Trust, EIS will hereafter provide facilities, equipment Fund and personnel to carry out the following administrative services for operation manage otherwise uninvested cash assets of the business Fund; (iv) oversee the pricing and affairs fair valuation of each Trust Fund securities and each of its series:
other assets; (av) Prepareexecute account documentation, file agreements, contracts and maintain each Trust’s governing documents, including the Declaration of Trust (which has previously been prepared and filed), the By laws, minutes of meetings of Trustees and shareholders, and proxy statements for meetings of shareholders;
(b) Prepare and file with the Securities and Exchange Commission and the appropriate state securities authorities the registration statements for each Trust and each Trust’s shares and all amendments thereto, reports to regulatory authorities and shareholders, prospectuses, proxy statements, and such other documents as may be necessary or convenient to enable requested by brokers, dealers, counterparties and other persons in connection with the Trust to make a continuous offering Adviser’s management of its shares;
(c) Prepare, negotiate and administer contracts on behalf the assets of each Trust withFund (in such respect, among othersthe Adviser will act as the Fund’s agent and attorney-in-fact); (vi) employ professional portfolio managers and securities analysts who provide research services to each Fund; (vii) engage certain third party professionals, consultants, experts or specialists in connection with the Adviser’s management of the assets of each TrustFund (in such respect, the Adviser will act as the Fund’s distributoragent and attorney-in-fact); and (viii) make decisions with respect to the use by each Fund of borrowing for leverage or other investment purposes. The Adviser will in general take such action as is appropriate to effectively manage each Fund’s investment practices. In addition:
i. The Adviser will maintain and preserve the records specified in Section 8 of this Agreement and any other records related to each Fund’s transactions as are required under any applicable state or federal securities law or regulation, including: the 1940 Act, the Securities Exchange Act of 1934, as amended (the “Exchange Act”), and custodian Investment Advisers Act of 1940, as amended (the “Advisers Act”).
ii. The Adviser will maintain a written code of ethics (the “Code of Ethics”) that complies with Rule 17j-1 under the 1940 Act, a copy of which will be provided to the Trust, and transfer agent;will adhere to such Code of Ethics in performing its services under this Agreement.
(d) Supervise each Trust’s fund accounting agent in iii. The Adviser will manage the maintenance investment and reinvestment of the assets of each Trust's general ledger Fund in a manner consistent with the requirements of Subchapter M of the Internal Revenue Code of 1986, as amended, subject to the best interests of the Fund.
d. The Adviser may itself, or may cause a Fund to, commence, join in, consent to or oppose the reorganization, recapitalization, consolidation, sale, merger, foreclosure, liquidation or readjustment of the finances of any person or the securities or other property thereof, and to deposit any securities or other property with any protective, reorganization or similar committee. Without limiting the generality of the foregoing, the Adviser may represent a Fund on a creditors’ (or similar) committee.
e. The Adviser accepts such employment and agrees to render the services and to provide, at its own expense, the office space, furnishings and equipment required by it to perform the services on the terms and for the compensation provided herein. All investment personnel of the Adviser, when and to the extent engaged in the preparation of each Trust's financial statementsproviding investment advisory services and managerial assistance hereunder, including oversight of expense accruals and payments and the determination compensation and routine overhead expenses of such personnel allocable to such services, shall be provided and paid for by the Adviser and not by the Funds. At the request of the net asset value of each Trust's assets and of each Trust’s sharesBoard, and the Adviser shall provide qualified candidates to serve as officers of the declaration and payment of dividends and other distributions to shareholders;
(e) Calculate performance data of each Trust for dissemination to information services covering the investment company industry;
(f) Prepare and file each Trust's tax returns;
(g) Examine and review the operations of each Trust's custodian and transfer agent;
(h) Coordinate the layout and printing of publicly disseminated prospectuses and reports;
(i) Prepare various shareholder reports;
(j) Assist with the design, development and operation of new series of each Trust;
(k) Coordinate shareholder meetings;
(l) Provide general compliance services; and
(m) Advise each Trust and its Trustees on matters concerning the Trust and its affairs. The foregoing, along with any additional services that EIS shall agree in writing to perform for each Trust hereunder, shall hereafter be referred to as "Administrative Services." Administrative Services shall not include any duties, functions, or services to be performed for each Trust by such Trust’s investment adviser, distributor, custodian or transfer agent pursuant to their agreements with such Trust.
Appears in 2 contracts
Samples: Investment Management Agreement (Oaktree Funds), Investment Management Agreement (Oaktree Funds)
Services and Duties. (a) As Administrator, and subject to the supervision and control of the Trustees Trust's Board of each TrustTrustees, EIS BISYS will hereafter provide facilities, equipment equipment, statistical and research data, clerical services, internal compliance services relating to legal matters, and personnel to carry out the following all administrative services required for operation of the business and affairs of each Trust the Trust, other than those investment advisory functions which are to be performed by the Trust's investment advisers, the services of BISYS as Distributor pursuant to the Distribution Agreement, those services to be performed by the Trust's custodian, transfer agent and each of its seriesfund accounting agent, and those services normally performed by the Trust's counsel and auditors. BISYS' responsibilities include without limitation the following services:
(a1) Prepare, file and maintain each Trust’s governing documents, including Overseeing the Declaration of Trust (which has previously been prepared and filed), the By laws, minutes of meetings of Trustees and shareholders, and proxy statements for meetings of shareholders;
(b) Prepare and file with the Securities and Exchange Commission and the appropriate state securities authorities the registration statements for each Trust and each Trust’s shares and all amendments thereto, reports to regulatory authorities and shareholders, prospectuses, proxy statements, and such other documents as may be necessary or convenient to enable the Trust to make a continuous offering of its shares;
(c) Prepare, negotiate and administer contracts on behalf of each Trust with, among others, each Trust’s distributor, and custodian and transfer agent;
(d) Supervise each Trust’s fund accounting agent in the maintenance of each Trust's general ledger and in the preparation of each Trust's financial statements, including oversight of expense accruals and payments and the determination performance of the net asset value of each Trust's assets and of each Trust’s shares, and of the declaration and payment of dividends and other distributions to shareholders;
(e) Calculate performance data of each Trust for dissemination to information services covering the investment company industry;
(f) Prepare and file each Trust's tax returns;
(g) Examine and review the operations of each Trust's custodian and transfer agent;
(2) Making available information concerning each Fund to its shareholders; distributing written communications to each Fund's shareholders of record such as periodic listings of each Fund's securities, annual and semi-annual reports, and Prospectuses and supplements thereto; and handling shareholder problems and calls relating to administrative matters; and
(3) Providing and supervising the services of employees whose principal responsibility and function shall be to preserve and strengthen each Fund's relationships with its shareholders.
(b) BISYS shall participate in the periodic updating of the Prospectuses and shall coordinate (i) the filing, printing and dissemination of reports to each Fund's shareholders and the Commission, including but not limited to annual reports and semi-annual reports on Form N-SAR and notices pursuant to Rule 24f-2, (ii) the preparation, filing, printing and dissemination of proxy materials, and (iii) the preparation and filing of post-effective amendments to the Trust's Registration Statement on Form N-1A relating to the updating of financial information and other routine matters.
(c) BISYS shall pay all costs and expenses of maintaining the offices of the Trust, wherever located, and shall arrange for payment by the Trust of all expenses payable by the Trust.
(d) BISYS, after consultation with legal counsel for the Trust, shall determine the jurisdictions in which the Shares shall be registered or qualified for sale and, in connection therewith, shall be responsible for the maintenance of the registration or qualification of the 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 Funds shall be made by the Funds.
(e) BISYS shall provide the services of certain persons who may be appointed as officers of the Trust by the Trust's Board of Trustees.
(f) BISYS shall oversee the maintenance by the Trust's custodian and transfer agent of the books and records required under the 1940 Act in connection with the performance of the Trust's agreements with such entities, and shall maintain, or provide for the maintenance of, such other books and records (other than those required to be maintained by the Trust's investment advisers and fund accounting agent) as may be required by law or may be required for the proper operation of the business and affairs of the Trust and each Fund. In compliance with the requirements of Rule 31a-3 under the 1940 Act, BISYS agrees that all such books and records which it maintains, or is responsible for maintaining, for the Funds are the property of the Trust and further agrees to surrender promptly to the Trust any of such books and records upon the Trust's request. BISYS further agrees to preserve for the periods prescribed by Rule 31a-2 under the 1940 Act said books and records required to be maintained by Rule 31a-1 under said Act.
(g) BISYS shall coordinate the preparation of the Funds' federal, state and local income tax returns.
(h) Coordinate BISYS shall prepare such other reports relating to the layout business and printing affairs of publicly disseminated prospectuses the Trust and reports;each Fund (not otherwise appropriately prepared by the Trust's investment adviser, transfer agent, fund accounting agent or the Trust's counsel or auditors) as the officers and Trustees of the Trust may from time to time reasonably request in connection with the performance of their duties.
(i) Prepare various shareholder reports;
(j) Assist In performing its duties as Administrator of the Trust, BISYS will act in conformity with the designTrust's Certificate, development Bylaws and operation Prospectuses and with the instructions and directions of new series the Board of each Trust;
(k) Coordinate shareholder meetings;
(l) Provide general compliance services; and
(m) Advise each Trust and its Trustees on matters concerning of the Trust and its affairs. The foregoing, along will conform to and comply with any additional services that EIS shall agree in writing to perform for each Trust hereunder, shall hereafter be referred to as "Administrative Servicesthe requirements of the 1940 Act and all other applicable federal or state laws and regulations." Administrative Services shall not include any duties, functions, or services to be performed for each Trust by such Trust’s investment adviser, distributor, custodian or transfer agent pursuant to their agreements with such Trust.
Appears in 2 contracts
Samples: Administration Agreement (Victory Variable Insurance Funds), Administration Agreement (Victory Variable Insurance Funds)
Services and Duties. (a) As Administrator, and subject to the supervision and control of the Trustees Fund's Board of each TrustDirectors, EIS BISYS will hereafter provide office facilities, equipment equipment, statistical and research data, clerical, accounting and bookkeeping services, internal compliance services relating to accounting and legal matters, and personnel to carry out the following all administrative services required for operation of the business and affairs of each Trust the Series, other than those management, investment advisory and each of its series:
(a) Prepare, file and maintain each Trust’s governing documents, including sub-advisory functions which are to be performed by certain Service Providers pursuant to their respective agreements with the Declaration of Trust (which has previously been prepared and filed)Fund, the By laws, minutes of meetings of Trustees and shareholders, and proxy statements for meetings of shareholders;
(b) Prepare and file with the Securities and Exchange Commission and the appropriate state securities authorities the registration statements for each Trust and each Trust’s shares and all amendments thereto, reports to regulatory authorities and shareholders, prospectuses, proxy statements, and such other documents services BISYS performs as may be necessary or convenient to enable the Trust to make a continuous offering of its shares;
(c) Prepare, negotiate and administer contracts on behalf of each Trust with, among others, each Trust’s distributor, and those services to be performed by the Fund's custodian and transfer agent, and those services normally performed by the Fund's legal counsel and independent auditors. BISYS' responsibilities include without limitation the following services:
(1) Providing a facility to receive purchase and redemption orders via toll-free IN-XXXXX telephone lines;
(d2) Supervise each Trust’s fund accounting agent in Providing for the maintenance preparing, supervision and mailing of each Trust's general ledger confirmations for all purchase and in the preparation of each Trust's financial statements, including oversight of expense accruals and payments and the determination of the net asset value of each Trust's assets and of each Trust’s shares, and of the declaration and payment of dividends and other distributions to shareholdersredemption orders;
(e3) Calculate performance Providing and supervising the operation of an automated data processing system to process purchase and redemption orders received by BISYS as distributor (BISYS assumes responsibility for the accuracy of each Trust the data transmitted for dissemination to information services covering the investment company industryprocessing or storage);
(f4) Prepare and file each Trust's tax returns;
(g) Examine and review Overseeing the operations performance of each Trustthe Fund's custodian and transfer agent;
(5) Making available information concerning each Series to its shareholders; distributing written communications to each Series' shareholders such as periodic listings of each Series' securities, annual and semi-annual reports, and the Prospectus and supplements thereto; and handling shareholder problems and calls relating to administrative matters; and
(6) Providing and supervising the services of employees ("relationship coordinators") whose principal responsibility and function shall be to preserve and strengthen each Series' relationships with its shareholders.
(b) BISYS shall assure that persons are available to receive redemption requests to the Fund's transfer agent as promptly as practicable.
(c) BISYS shall assure that persons are available to receive orders accepted for the purchase of Shares to the transfer agent as promptly as practicable.
(d) BISYS shall participate in the periodic updating of the Prospectus and shall accumulate information for and, subject to approval by the Fund's Treasurer and legal counsel, coordinate the preparation, filing, printing and dissemination of reports to the Series' shareholders and the Commission, including but not limited to annual reports and semi-annual reports on Form N-SAR, notices pursuant to Rule 24f-2 and proxy materials.
(e) BISYS shall pay all costs and expenses of maintaining the offices of the Fund, wherever located, and shall arrange for payment by the Series of all expenses payable by the Series.
(f) BISYS, after consultation with legal counsel for the Fund, shall determine the jurisdictions in which the Shares shall be registered or qualified for sale and, in connection therewith, shall be responsible for the maintenance of the registration or qualification of the 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 Series shall be made by the Series.
(g) BISYS shall provide the services of certain persons who may be appointed as officers of the Fund by the Fund's Board of Directors.
(h) Coordinate BISYS shall oversee the layout maintenance by the Fund's custodian and printing transfer agent of publicly disseminated prospectuses the books and reports;records of the Fund required under the 1940 Act in connection with the performance of the Fund's agreements with such entities, and shall maintain, or provide for the maintenance of, such other books and records (other than those required to be maintained by the Service Providers) as may be required by law or may be required for the proper operation of the business and affairs of the Series. In compliance with the requirements of Rule 31a-3 under the 1940 Act, BISYS agrees that all such books and records which it maintains, or is responsible for maintaining, for the Series are the property of the Fund and further agrees to surrender promptly to the Fund any of such books and records upon the Fund's request. BISYS further agrees to preserve for the periods prescribed by Rule 31a-2 under the 1940 Act said books and records required to be maintained by Rule 31a-1 under said Act.
(i) Prepare various shareholder reports;BISYS shall prepare the Series' federal, state and local income tax returns.
(j) Assist BISYS shall prepare and, subject to approval of the Fund's Treasurer, disseminate to the Fund's Directors the Fund's and each Series' quarterly financial statements and schedules of investments, and shall prepare such other reports relating to the business and affairs of the Fund and each Series (not otherwise appropriately prepared by the Service Providers, the Fund's legal counsel or its independent auditors) as the officers and Directors of the Fund may from time to time reasonably request in connection with the design, development and operation performance of new series of each Trust;their duties.
(k) Coordinate shareholder meetings;BISYS shall assist with the coordination of the provision of investment management, advisory and sub-advisory services by the Service Providers to the Series, and shall provide other administration assistance to said entities as required to carry out the business and operations of the Series.
(l) Provide general compliance services; andBISYS shall recommend, implement and monitor all specialized services and programs that are necessary or appropriate in order for the Series to serve properly the investment needs of the fiduciary accounts investing in their Shares.
(m) Advise each Trust In performing its duties as Administrator for the Series, BISYS will act in conformity with the Charter, By-laws and its Trustees on matters concerning Prospectus and with the Trust instructions and its affairs. The foregoing, along directions of the Board of Directors of the Fund and will conform to and comply with any additional services that EIS shall agree in writing to perform for each Trust hereunder, shall hereafter be referred to as "Administrative Servicesthe requirements of the 1940 Act and all other applicable federal or state laws and regulations." Administrative Services shall not include any duties, functions, or services to be performed for each Trust by such Trust’s investment adviser, distributor, custodian or transfer agent pursuant to their agreements with such Trust.
Appears in 2 contracts
Samples: Administration Agreement (Infinity Mutual Funds Inc), Administration Agreement (Infinity Mutual Funds Inc)
Services and Duties. As AdministratorSub-Administrator is responsible only for the services that it has specifically agreed to provide in the Agreement, and subject not for any other services.
a. Sub-Administrator shall provide the following services with respect to the supervision and control of the Trustees of each Trust, EIS will hereafter provide facilities, equipment and personnel Funds (or with respect to carry out the following administrative services for operation of the business and affairs of each Trust and each of its series:individual share classes as indicated below):
(a1) PrepareJournalizing investment, file capital share and maintain each Trust’s governing documents, including the Declaration of Trust (which has previously been prepared income and filed), the By laws, minutes of meetings of Trustees and shareholders, and proxy statements for meetings of shareholdersexpense activities;
(b2) Prepare Verifying investment buy/sell trade tickets when received from a Fund’s investment adviser (the “Adviser”) and file with transmitting trades to the Securities and Exchange Commission and Fund’s custodian (the appropriate state securities authorities the registration statements “Custodian”) for each Trust and each Trust’s shares and all amendments thereto, reports to regulatory authorities and shareholders, prospectuses, proxy statements, and such other documents as may be necessary or convenient to enable the Trust to make a continuous offering of its sharesproper settlement;
(c3) Prepare, negotiate and administer contracts on behalf of each Trust with, among others, each Trust’s distributor, and custodian and transfer agentMaintaining individual ledgers for investment securities;
(d4) Supervise Maintaining historical tax lots for each Trust’s fund accounting agent in the maintenance of each Trust's general ledger and in the preparation of each Trust's financial statements, including oversight of expense accruals and payments and the determination of the net asset value of each Trust's assets and of each Trust’s shares, and of the declaration and payment of dividends and other distributions to shareholderssecurity;
(e5) Calculate performance data Reconciling cash and investment balances of each Trust a Fund with the Custodian, and providing the Adviser with the beginning cash balance available for dissemination to information services covering the investment company industrypurposes;
(f6) Prepare Updating the cash availability throughout the day as required by the Adviser;
(7) Posting to and file each Trust's preparing the Statement of Assets and Liabilities and the Statement of Operations for the annual and semi-annual shareholder reports;
(8) Calculating various contractual expenses (e.g., management fees);
(9) Upon receipt of necessary information from BlackRock, assisting in the monitoring and budgeting of expense accruals;
(10) Controlling all disbursements and authorizing such disbursements upon receipt of electronic mail instructions or Written Instructions;
(11) Calculating capital gains and losses in accordance with the relevant Fund’s Prospectus and resolutions of the Company’s Board of Trustees;
(12) Determining net income in accordance with the relevant Fund’s Prospectus and resolutions of the Company’s Board of Trustees;
(13) Obtaining security market quotes from independent pricing sources approved by the Adviser, or if such quotes are unavailable, then obtaining such prices from the Adviser, and in either case calculating the market value of the Fund’s investments;
(14) Transmitting or mailing a copy of the daily portfolio valuation to the Adviser;
(15) Computing net asset value;
(16) As appropriate, computing yields, total return, expense ratios, portfolio turnover rate, and, if required, portfolio average dollar-weighted maturity;
(17) Preparing quarterly broker security transactions summaries;
(18) Preparing monthly security transaction listings;
(19) Supplying various normal and customary Fund and Company statistical data as requested on an ongoing basis;
(20) Preparing for execution and filing the Funds’ Federal and state tax returns;
(g21) Examine With the assistance of Company officers and review counsel, preparing for execution and filing the operations of each Trust's custodian and transfer agentFunds’ Semi-Annual Reports with the Commission on Form N-SAR;
(h22) Coordinate With the layout assistance of Company officers and printing of publicly disseminated prospectuses counsel, preparing for execution and reportsfiling the Funds’ Semi-Annual Reports with the Commission on Form N-CSR;
(i23) Prepare various With the assistance of Company officers and counsel, preparing and filing with the Commission the Funds’ annual and semi-annual shareholder reports;
(j24) Assist With the assistance of Company officers and counsel, preparing for execution and filing the Funds’ quarterly portfolio holdings with the design, development and operation of new series of each TrustCommission on Form N-Q;
(k25) Coordinate shareholder meetingsAssisting in the preparation of registration statements and other filings relating to the registration of the Funds’ shares;
(l26) Provide general compliance services; andMonitoring each Fund’s status as a regulated investment company under Sub-Chapter M of the Internal Revenue Code of 1986, as amended;
(m27) Advise Monitoring the Funds’ compliance with the amounts and conditions of each Trust state blue sky qualification, and filing documentation with such states as BlackRock shall direct relating to the initial or ongoing registration or qualification of shares in such states;
(28) Assisting in the preparation of materials for meetings of the Company’s Board of Trustees and shareholders;
(29) With the assistance of Company officers and counsel, preparing for execution and filing the Funds’ Form 24F-2;
(30) Acting as liaison with the Company’s independent public accountants, and providing account analyses, fiscal year summaries and other audit related schedules with respect to each Fund. Sub-Administrator shall take all reasonable action in the performance of its Trustees obligations under this Agreement to assure that the necessary information is made available to such accountants for the expression of their opinion, as such may be reasonably required by BlackRock from time to time;
(31) With respect to certain share classes of each Fund, calculating the amount of fees payable with respect to the applicable Company shareholder service or distribution plan (each, as amended and including any successor plan, a “Plan”) on matters concerning the Trust a daily basis and its affairs. The foregoing, along with any additional services that EIS shall agree in writing to perform for each Trust hereunder, shall hereafter be referred to as "Administrative Services." Administrative Services shall not include any duties, functions, or services to be performed for each Trust by upon instruction from BlackRock remitting such Trust’s investment adviser, distributor, custodian or transfer agent fees pursuant to their agreements such Plan;
(32) With respect to various share classes of each Fund, calculating and reporting to third party industry data services (e.g., NASDAQ and Lipper Analytical Services) certain performance and other information;
(33) Providing to BlackRock the Sub-Administrator’s data repository and analytics suite services as set forth on Exhibit Y attached hereto and made a part hereof (as such Exhibit Y may be amended from time to time), subject to the terms of this Agreement and the terms set forth in such Exhibit Y. “Authorized Users” shall mean such persons as are authorized by BlackRock and Sub-Administrator from time to time to access Sub-Administrator’s data repository and analytics suite in connection with such Trust.this Agreement (Sub-Administrator agrees it will not unreasonably withhold or delay authorization of persons authorized by BlackRock);
Appears in 2 contracts
Samples: Sub Administration Agreement (Blackrock Liquidity Funds), Sub Administration Agreement (Blackrock Liquidity Funds)
Services and Duties. As Administrator, and subject to the supervision and control of the Trustees of each the Trust, EIS EKIS will hereafter provide prxxxxe facilities, equipment and personnel to carry out the following administrative services for operation of the business and affairs of each the Trust and each of its seriesportfolios:
(a) Prepareprepare, file and maintain each the Trust’s 's governing documents, including the Declaration of Trust (which has previously been prepared and filed), the By By- laws, minutes of meetings of Trustees and shareholders, and proxy statements for meetings of shareholders;
(b) Prepare prepare and file with the Securities and Exchange Commission and the appropriate state securities authorities the registration statements for each the Trust and each the Trust’s 's shares and all amendments thereto, reports to regulatory authorities and shareholders, prospectuses, proxy statements, and such other documents as may be necessary or convenient to enable the Trust to make a continuous offering of its shares;
(c) Prepareprepare, negotiate and administer contracts on behalf of each the Trust with, among others, each the Trust’s 's distributor, and custodian and transfer agent;
(d) Supervise each supervise the Trust’s 's fund accounting agent in the maintenance of each the Trust's general ledger and in the preparation of each the Trust's financial statements, including oversight of expense accruals and payments and the determination of the net asset value of each the Trust's assets and of each the Trust’s 's shares, and of the declaration and payment of dividends and other distributions to shareholders;
(e) Calculate calculate performance data of each the Trust for dissemination to information services covering the investment company industry;
(f) Prepare prepare and file each the Trust's tax returns;
(g) Examine examine and review the operations of each the Trust's custodian and transfer agent;
(h) Coordinate coordinate the layout and printing of publicly disseminated prospectuses and reports;
(i) Prepare prepare various shareholder reports;
(j) Assist assist with the design, development and operation of new series portfolios of each the Trust;
(k) Coordinate coordinate shareholder meetings;
(l) Provide provide general compliance services; and
(m) Advise each advise the Trust and its Trustees on matters concerning the Trust and its affairs. The foregoing, along with any additional services that EIS EKIS shall agree in writing to writixx xo perform for each the Trust hereunder, shall hereafter be referred to as "Administrative Services." Administrative Services shall not include any duties, functions, or services to be performed for each the Trust by such the Trust’s 's investment adviser, distributor, custodian or transfer agent pursuant to their agreements with such the Trust.
Appears in 2 contracts
Samples: Administrative Services Agreement (Evergreen Tax Free Trust /Ma), Administrative Services Agreement (Evergreen Municipal Trust)
Services and Duties. As Administrator, and subject Subject to the supervision and control of the Trustees of each Trust, EIS will hereafter provide facilities, equipment and personnel ClearSky undertakes to carry out perform the following administrative services for operation of the business and affairs of each Trust and each of its seriesspecific services:
(a) PrepareEffecting and maintaining, file and maintain each Trust’s governing documents, including as the Declaration of Trust (which has previously been prepared and filed)case may be, the By laws, minutes qualification of meetings shares of Trustees and shareholders, and proxy statements the Trust for meetings sale under the securities laws of shareholdersthe jurisdictions indicated for the Trust on the list furnished to ClearSky pursuant to Paragraph 2(e) of this Agreement;
(b) Prepare and file Filing with the Securities and Exchange Commission and each appropriate jurisdiction, as required, the appropriate state securities authorities materials relating to the registration statements for each Trust Trust, such filings to be made promptly after receiving such materials from the Trust: Post Effective Amendments to the Trust's Registration Statement; definitive copies of the Trust's Prospectus and each Statement of Additional Information and any Supplements thereto; Annual and Semi-Annual Reports; and Notices of Special Meetings of Shareholders and related Proxy materials which propose the merger, reorganization or liquidation of the Trust’s shares and all amendments thereto, reports to regulatory authorities and shareholders, prospectuses, proxy statements, and such other documents as may be necessary or convenient to enable the Trust to make a continuous offering of its shares;
(c) PrepareConveying to the Trust or TD Waterhouse any comments received on such filings and, negotiate and administer contracts on behalf of each if desired by the Trust, responding to such comments in such manner as authorized by the Trust with, among others, each Trust’s distributor, and custodian and transfer agent;or TD Waterhouse; and
(d) Supervise each In connection with the foregoing, receiving limited power of attorney on behalf of the Trust to sign all Blue Sky filings and other related documents. Subject to payment to ClearSky in advance, ClearSky will remit to the respective jurisdictions of notice filing fees for the shares of the Trust’s fund accounting agent , and any fees for qualifying or continuing the qualification of the Trust. The Trust will, from time to time as specifically agreed between the parties, wire transfer funds to ClearSky for the payment of said fees payable pursuant to this provision promptly upon request by ClearSky. ClearSky will request the funds necessary for the payment of fees in advance of the maintenance date the fees become due. Upon receipt of the funds by ClearSky, it will issue checks for the payment of fees. In performing its duties under this Agreement, ClearSky will act in accordance with the instructions and directions of the Trust. The Trust or TD Waterhouse will provide Clear Sky with the appropriate number of copies of each Trust's general ledger and in the preparation of each Trust's financial statements, including oversight of expense accruals and payments and the determination of the net asset value of each Trust's assets and of each Trust’s shares, and of the declaration and payment of dividends and other distributions to shareholders;
(e) Calculate performance data of each Trust for dissemination to information services covering the investment company industry;
(f) Prepare and file each Trust's tax returns;
(g) Examine and review the operations of each Trust's custodian and transfer agent;
(h) Coordinate the layout and printing of publicly disseminated prospectuses and reports;
(i) Prepare various shareholder reports;
(j) Assist with the design, development and operation of new series of each Trust;
(k) Coordinate shareholder meetings;
(l) Provide general compliance services; and
(m) Advise each Trust and its Trustees on matters concerning the Trust and its affairs. The foregoing, along with any additional services that EIS shall agree in writing to perform for each Trust hereunder, shall hereafter document which must be referred to as "Administrative Services." Administrative Services shall not include any duties, functions, or services to be performed for each Trust by such Trust’s investment adviser, distributor, custodian or transfer agent filed pursuant to their agreements with such Trustthis provision.
Appears in 2 contracts
Samples: State Registration Services Agreement (Td Waterhouse Trust), State Registration Services Agreement (Td Waterhouse Trust)
Services and Duties. As AdministratorPursuant to this Agreement, and subject BlackRock agrees to the supervision and control of the Trustees of each Trust, EIS will hereafter provide facilities, equipment and personnel to carry out perform the following administrative services for operation of the business and affairs of each Trust and each of its seriesaccounting support services:
(a) PrepareBlackRock shall perform the following duties in the manner prescribed by each Fund’s charter document and currently effective registration statement (the “Registration Statement”) under the Securities Act of 1933, file as amended (the “1933 Act”), and maintain each Trust’s governing documentsthe 1940 Act relating to all portfolios and all amendments and supplements thereto as in effect from time to time, and further in accordance with such written procedures, as may be established between the Fund and BlackRock from time to time:
(1) Perform calculations of certain Fund expenses, including the Declaration allocation of Trust (which has previously been prepared and filed), such expenses among the By laws, minutes of meetings of Trustees and shareholdersFunds where appropriate, and proxy statements communicate such details to Fund service providers for meetings processing in Fund accounting records;
(2) Oversee the application of shareholdersthe Funds’ policies for fair valuation of investment securities and prepare periodic reports to the Funds’ Boards of Trustees/Directors;
(3) Design, implement and periodically evaluate the Funds’ Disclosure Controls and Procedures as required by the 1940 Act, including the activities of the Funds’ Disclosure Committee and reporting to the Funds’ Boards of Trustees/Directors as necessary;
(4) Oversee relationships with banks related to leverage activities in which the Funds engage; negotiate terms of such lending arrangements;
(5) Provide support and data necessary for the execution of Fund year-end audits, including pricing and other investment security data required for the audit confirmation process;
(6) Prepare and submit documentation relative to the Funds’ accounts with non-U.S. custodian banks;
(7) Monitor class action events and review for Fund eligibility; prepare necessary documentation including obtaining necessary information from Fund service providers; ensure timely submission of claims by outside service providers; upon receipt of proceeds, allocate such proceeds among applicable Funds and analyze the tax character of such payments for proper tax treatment;
(8) In support of the Funds’ Audit Committees, oversee the relationship between the Funds and their independent accountants and ensure that audit and non-audit fees are pre-approved in accordance with the Funds’ pre-approval policies;
(9) Calculate and disseminate certain Fund performance measures not performed by other Fund service providers;
(10) Supply various normal and customary Fund statistical data, not provided by other Fund service providers, as required on an ongoing basis;
(11) From time to time, prepare analyses of proposed mergers involving the Fund, if any, and submit recommendations to the Funds’ Boards of Trustees/Directors;
(12) Provide such other accounting support services as may be required to enable each Fund to maintain its books and records in compliance with applicable laws and generally accepted accounting principles.
(b) Prepare and file Consistent with the Securities requirements of Rule 31a-3 under the 1940 Act, BlackRock agrees that all records which it maintains with respect to each Fund are the property of the Fund and Exchange Commission further agrees to surrender promptly to the Fund any of such records upon the Fund’s request. Copies of any such records maintained by BlackRock will be provided by BlackRock to the Fund upon the Fund’s reasonable request and at BlackRock’s expense. BlackRock further agrees to preserve for the appropriate state securities authorities periods prescribed by Rule 31a-2 under the registration statements for each Trust 1940 Act the records required to be maintained by Rule 31a-1 under said Act but only to the extent that such records necessarily and each Trust’s shares and all amendments thereto, reports specifically relate to regulatory authorities and shareholders, prospectuses, proxy statements, and such other documents as may the services required to be necessary or convenient to enable the Trust to make a continuous offering of its shares;performed by BlackRock hereunder.
(c) Prepare, negotiate BlackRock will provide information and administer contracts on behalf of each Trust with, among others, each Trust’s distributor, documentation relating to the Funds or other assistance relating to such information and custodian and transfer agent;
(d) Supervise each Trust’s fund accounting agent in documentation as the maintenance of each Trust's general ledger and in Funds may reasonably request to help the preparation of each Trust's financial statementsFunds respond to any government or regulatory request made to the Funds, including oversight of expense accruals and payments and the determination of the net asset value of each Trust's assets and of each Trust’s shares, and of the declaration and payment of dividends and other distributions but not limited to shareholders;
(e) Calculate performance data of each Trust a subpoena or request for dissemination to information services covering the investment company industry;
(f) Prepare and file each Trust's tax returns;
(g) Examine and review the operations of each Trust's custodian and transfer agent;
(h) Coordinate the layout and printing of publicly disseminated prospectuses and reports;
(i) Prepare various shareholder reports;
(j) Assist with the design, development and operation of new series of each Trust;
(k) Coordinate shareholder meetings;
(l) Provide general compliance services; and
(m) Advise each Trust and its Trustees on matters concerning the Trust and its affairs. The foregoing, along with any additional services that EIS shall agree in writing to perform for each Trust hereunder, shall hereafter be referred to as "Administrative Servicesinformation." Administrative Services shall not include any duties, functions, or services to be performed for each Trust by such Trust’s investment adviser, distributor, custodian or transfer agent pursuant to their agreements with such Trust.
Appears in 2 contracts
Samples: Accounting Support and Administration Agreement (Blackrock Index Funds, Inc.), Accounting Support Services Agreement (Blackrock Natural Resources Trust)
Services and Duties. As Administratora. The Administrator is responsible only for the services that it has specifically agreed to provide in the Agreement, and subject to the supervision and control of the Trustees of each Trust, EIS will hereafter not for any other services.
b. The Administrator shall provide facilities, equipment and personnel to carry out the following administrative services for operation of the business and affairs of each Trust and each of its seriesservices:
(a1) PrepareMaintaining daily records of investment, file capital share and maintain income and expense activities and installing and maintaining a system of internal accounting controls appropriate for entities of the size and complexity of the respective Funds of the Company;
(2) Verifying investment buy/sell trade tickets when received from a Fund’s investment adviser (the “Adviser”) and transmitting trades to the Fund’s custodian (the “Custodian”) for proper settlement;
(3) Maintaining individual ledgers for investment securities;
(4) Maintaining historical tax lots for each Trustsecurity;
(5) Reconciling cash and investment balances of a Fund with the Custodian, and providing the Adviser with the beginning cash balance available for investment purposes;
(6) Updating the cash availability throughout the day as required by the Adviser;
(7) Posting to and preparing the Statement of Assets and Liabilities and the Statement of Operations for the annual and semi-annual shareholder reports;
(8) Calculating various contractual expenses (e.g., advisory fees);
(9) Upon receipt of necessary information from the Company, assisting in the monitoring and budgeting of expense accruals;
(10) Controlling all disbursements and authorizing such disbursements upon receipt of electronic mail instructions or Written Instructions;
(11) Calculating capital gains and losses in accordance with the relevant Fund’s governing documentsProspectus and resolutions of the Company’s Board of Trustees;
(12) Determining net income in accordance with the relevant Fund’s Prospectus and resolutions of the Company’s Board of Trustees;
(13) Obtaining security market quotes from independent pricing sources approved by the Adviser, including or if such quotes are unavailable, then obtaining such prices from the Declaration Adviser, and in either case calculating the market value of Trust the Fund’s investments;
(which has previously been prepared 14) Transmitting or mailing a copy of the daily portfolio valuation to the Adviser;
(15) Computing net asset value;
(16) As appropriate, computing yields, total return, expense ratios, portfolio turnover rate, and, if required, portfolio average dollar-weighted maturity;
(17) Preparing quarterly broker security transactions summaries;
(18) Preparing monthly security transaction listings;
(19) Supplying various normal and filed)customary Fund and Company statistical data as requested on an ongoing basis;
(20) Preparing for execution and filing the Company’s Federal and state tax returns;
(21) With the assistance of Company officers and counsel, preparing and filing the By lawsCompany’s Semi-Annual Reports with the Commission on Form N-SAR;
(22) With the assistance of Company officers and counsel, minutes preparing and filing the Company’s Semi-Annual Reports with the Commission on Form N-CSR;
(23) With the assistance of Company officers and counsel, preparing and filing with the Commission the Company’s annual and semi-annual shareholder reports;
(24) Assisting in the preparation of registration statements and other filings relating to the registration of the Company’s shares;
(25) Monitoring each Fund’s status as a regulated investment company under Sub-chapter M of the Internal Revenue Code of 1986, as amended;
(26) Monitoring the Company’s compliance with the amounts and conditions of each state blue sky qualification, filing documentation with such states as the Company shall direct relating to the initial or ongoing registration or qualification of shares in such states, and furnishing state-by-state blue sky registration reports to the Company;
(27) Assisting in the preparation of materials for meetings of the Company’s Board of Trustees and shareholders, and proxy statements for meetings of shareholders;
(b28) Prepare With the assistance of Company officers and file with counsel, preparing for execution and filing the Securities and Exchange Commission and the appropriate state securities authorities the registration statements for each Trust and each TrustCompany’s shares and all amendments thereto, reports to regulatory authorities and shareholders, prospectuses, proxy statements, and such other documents as may be necessary or convenient to enable the Trust to make a continuous offering of its sharesForm 24F-2;
(c29) Prepare, negotiate and administer contracts on behalf of each Trust with, among others, each TrustActing as liaison with the Company’s distributorindependent public accountants, and custodian providing account analyses, fiscal year summaries and transfer agentother audit related schedules with respect to each Fund. The Administrator shall 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 opinion, as such may be reasonably required by the Company from time to time;
(d30) Supervise each Trust’s fund accounting agent in Providing to the maintenance Company the DataPathSM Internet access services as set forth on Exhibit Y attached hereto and made a part hereof (as such Exhibit Y may be amended from time to time), subject to the terms of each Trust's general ledger and in the preparation of each Trust's financial statements, including oversight of expense accruals and payments this Agreement and the determination of terms set forth in such Exhibit Y. Persons who are Company “Authorized Individuals” to access DataPathSM are set forth on Exhibit Z attached hereto and made a part hereof, as such Exhibit Z may be amended from time to time;
(31) Reporting the net asset value of each Trust's assets and of Fund on a daily basis to NASDAQ with respect to each Trust’s shares, and of the declaration and payment of dividends and other distributions to shareholdersshare class that qualifies under NASDAQ reporting requirements;
(e32) Calculate performance data of each Trust for dissemination Providing periodic reports to information services covering the Company regarding “investment company industrytaxable income” and “net capital gain” distributions in connection with certain tax related distribution requirements applicable to the Company;
(f33) Prepare Providing periodic reports to the specified Adviser regarding a Fund’s unrealized and file each Trust's tax returnsrealized capital gains, containing such standard information and employing such form of report as the Administrator may from time to time determine;
(g34) Examine Calculating the amount of fees payable with respect to the Company’s distribution and review service plan and any amended or successor plan (the operations of each Trust's custodian “Plan”) on a daily basis and transfer agentupon instruction from the Company remitting such fees pursuant to the Plan;
(h35) Coordinate the layout Calculating and printing of publicly disseminated prospectuses reporting to third party industry data services (e.g., NASDAQ, Lipper Analytical Services) certain performance and reportsother information;
(i36) Prepare various shareholder reportsProviding information and documentation relating to the Company or other assistance relating to such information and documentation as the Company may reasonably request to help the Company respond to any government or regulatory request, including but not limited to a subpoena or request for information, provided, however, that if responding to such a request would cause an undue burden on the Administrator or would cause the Administrator to bear undue expense, the Administrator at its option may decline such request or shall be entitled to such fees or reimbursement of expense as agreed to by the Company and the Administrator;
(j37) Assist Providing such information relating to the Company as the Company may reasonably request in connection with the designservices provided by the Administrator to the Company pursuant to this Agreement, development provided, however, that if responding to such a request would cause an undue burden on the Administrator or would cause the Administrator to bear undue expense, the Administrator at its option may decline such request or shall be entitled to such fees or reimbursement of expense as agreed to by the Company and operation of new series of each Trust;
(k) Coordinate shareholder meetings;
(l) Provide general compliance servicesthe Administrator; and
(m38) Advise each Trust Providing such additional services to the Company pursuant to this Agreement as shall be agreed in writing between the Company and its Trustees on matters concerning the Trust Administrator from time to time.
c. In compliance with the requirements of Rule 31a-3 under the 1940 Act, the Administrator agrees that all records which it maintains for the Company are the property of the Company and its affairsfurther agrees to surrender promptly to the Company any of such records upon the Company’s request. Copies of any such records maintained by the Administrator will be provided by the Administrator to the Company upon the Company’s reasonable request and at the Company’s expense. The foregoing, along with any additional Administrator further agrees to preserve for the periods prescribed by Rule 31a-2 under the 1940 Act the records required to be maintained by Rule 31a-1 under said Act but only to the extent that such records necessarily and specifically relate to the services that EIS shall agree in writing to perform for each Trust hereunder, shall hereafter be referred to as "Administrative Services." Administrative Services shall not include any duties, functions, or services required to be performed by the Administrator hereunder.
d. The Administrator agrees that (i) in the event of equipment failures affecting the services designated to the Administrator hereunder the Administrator shall, at no additional expense to the Company, take reasonable steps to minimize service interruptions but shall have no liability with respect thereto and (ii) The Administrator shall enter into and shall maintain in effect with appropriate parties one or more agreements making reasonable provision for each Trust by such Trust’s investment adviser, distributor, custodian or transfer agent pursuant emergency use of electronic data processing equipment to their agreements with such Trustthe extent appropriate equipment is available.
Appears in 1 contract
Samples: Administration Agreement (Blackrock Bond Allocation Target Shares)
Services and Duties. As AdministratorThe Administrator shall:
A. Supervise all aspects of the Trust*s operations, other than those operations which are to be managed by the Trust*s Advisor pursuant to the Advisor Agreement between the Trust and the Advisor or by the Trust*s Custodian pursuant to the Custodian Agreement between the Trust and the Custodian as such agreements are now in effect and as the same may hereafter be amended from time to time;
B. Act and operate the Trust in conformity with the Declaration, Bylaws, and subject to the supervision and control Information Statement of the Trustees of each Trust, EIS will hereafter provide facilities, equipment with the instructions and personnel to carry out the following administrative services for operation directions of the business Trustees, and affairs of each Trust all applicable federal and each of its series:
(a) Preparestate laws, file rules and maintain each Trust’s governing documentsregulations, including the Declaration of Trust (which has previously been prepared and filed)including, but not limited to, the By laws, minutes Investment Company Act of meetings of Trustees 1940 and shareholders, all rules and proxy statements for meetings of shareholdersregulations promulgated thereunder;
(b) C. Prepare and file with the Securities and Exchange Commission and the appropriate state securities authorities the registration statements for each Trust and each Trust’s shares and all amendments thereto, reports to regulatory authorities and shareholders, prospectuses, proxy statements, Information Statement and such other documents as may be necessary or convenient to enable used by the Trust to make a continuous offering of its sharesin connection with seeking and obtaining additional Participants;
(c) PrepareD. Furnish the Trust, negotiate at the sole expense of the Administrator, with the services of such persons competent to perform such administrative and administer contracts on behalf clerical functions as maybe necessary from time to time in order to provide effective administration of each the Trust with, among others, each Trust’s distributor, and custodian and transfer agent;
(d) Supervise each Trust’s fund accounting agent in maintain or provide for the maintenance of each such accounts, books and records as are required by the Declaration, Bylaws, the current Information Statement, and as requested by the Trustees of the Trust's general ledger and in ;
E. Provide necessary data for the preparation by the Trust of each Trust's financial statements, including oversight of expense accruals any and payments and the determination all required tax returns of the Trust;
F. Prepare monthly statements to the Trust*s Participants;
G. Prepare periodic updates of the Information Statement;
H. Maintain accounts and records for the Trustees as required by the Declaration of Trust;
I. Determine the per-Unit net asset value of each Trust's assets Participant*s account in the Trust as required by the Declaration of Trust and in accordance with generally accepted money market fund accounting standards, and provide reports as required by this Agreement;
J. Provide written confirmation of each investment and withdrawal of moneys as directed by a Participant, and of each Trust’s sharessale or purchase of a fixed term security;
K. Hold itself available, receive, and process, on behalf of the declaration Trust, applications and payment registrations from entities desiring to become Participants of dividends and other distributions to shareholdersthe Trust;
(e) Calculate performance data L. Service all Participant accounts in the Trust by, inter alia, answering inquiries during normal business hours from Participants concerning the status of each their respective accounts in the Trust for dissemination to information services covering and the Trust*s investment company industryprogram;
(f) Prepare M. Advise the Trustees regarding the methods of seeking and file each obtaining additional Participants of the Trust's tax returns;
N. At least once each quarter, provide the Trustees with a detailed evaluation of the performance of the Trust based upon such factors as the Administrator shall deem appropriate in light of its knowledge and experience.
O. Provide and maintain the computerized recordkeeping system (gi.e., IPAS Software) Examine for use in facilitating Participant investments and review withdrawals into and out of the operations appropriate Participant account of the Trust.
P. Provide daily rate information for each portfolio and Fixed Term Automated investment alternatives for distribution to Participants.
Q. Prepare, provide and maintain all records of the Trust's custodian , including all meetings of the Trustees or the sponsoring associations, including agendas and transfer agent;minutes, in accordance with state and federal laws and policies of the Trust.
(h) Coordinate R. The Administrator will serve as the layout primary contact for Participant interaction with the Trust and printing will facilitate all investment transactions and related money movement services. The Administrator agrees to maintain a minimum of publicly disseminated prospectuses two program representatives available to assist Participants and reports;to maintain a multi-line, audio recorded 1-800 toll free telephone service for the exclusive use by Participants.
(i) Prepare various shareholder reports;1. The Administrator shall perform the following administrative service in its capacity as primary contact for Participants:
(j) a. Assist with the design, development and operation opening of new series Participant accounts including verification that each Participant is eligible to be a member of each Trust;
(k) Coordinate shareholder meetings;
(l) Provide general compliance services; and
(m) Advise each Trust and its Trustees on matters concerning the Trust and its affairsto participate in Trust programs and that required opening procedures have been followed.
b. Take telephonic, electronic, oral and/or written investment orders from authorized representatives of the Participants, including verification that each authorized representative is properly documented in accordance with Trust procedures. All telephonic investment instructions shall be audio recorded.
c. Enter all investment transactions for proper recordation and credit into the web-based participant recordkeeping system ("IPAS Software").
d. Receive and respond to all electronic, written or telephonic inquiries received by the Administrator on behalf of the Trust including quotation of investment rates, verification of account balances, audit verification responses, transaction history or other aspects relating to the Trust or the Participant's accounts.
e. Facilitate and process all movement of moneys between the Trust and the Participant's account at the Participant's local financial institution. Money movement methods shall include automated clearing house (ACH), Federal Reserve Bank Wire (wire), or check. Such money movement methods established by the Administrator shall require that all Trust or Participant funds be moved only within a "closed system" between the Participant's preauthorized local account and their Trust account. The foregoingAdministrator shall assure that no Participant disbursements are made to persons or locations outside this preauthorized "closed system". The cost of money movement shall be borne by the Administrator under the terms of this Agreement.
f. Utilizing standard banking and trust procedures, along assure that all moneys received from or on behalf of Participants are fully collected and available to the Trust prior to crediting such moneys to the Participant's account or investing such moneys in Trust investment securities.
g. Independently verify and reconcile daily with any additional services that EIS shall agree in writing the Advisor, by information provided through the IPAS System, all Participant transactions made, and provide notification to perform for each Trust hereunder, shall hereafter be referred to as "Administrative Services." Administrative Services shall not include any duties, functions, or services the Custodian of the total amount of funds to be performed for each deposited or withdrawn from the Custody account/s representing such Participant transactions. The Administrator shall have sole authority to direct the withdrawal of funds from the Custody Account/s, with the exception of the Trust having such authority by such Trust’s investment adviser, distributor, custodian or transfer agent giving written instruction to the Custodian pursuant to their agreements Section 3.2(d) of the Custodian Agreement.
h. Receive and verify on behalf of the Trust all withdrawal requests representing authorized payment of fees and expenses of the Trust, and direct such payment from the appropriate Trust custody account/s in accordance with such authorizations given by the Trust.
i. There shall be established by the Trust an internal control structure to assure compliance with the Declaration of Trust, the Agreements, Trust policies and procedures, and applicable laws and rules. In conjunction with the Trust appointed legal counsel and public accounting firm, provide support and assistance with audits and reviews as required by the Trust.
Appears in 1 contract
Samples: Administrator Agreement (Iowa Public Agency Investment Trust)
Services and Duties. As AdministratorThe Administrator shall:
A. Supervise all aspects of the Trust's operations, other than those operations which are to be managed by the Trust's Advisor pursuant to the Advisor Agreement between the Trust and the Advisor or by the Trust's Custodian pursuant to the Custodian Agreement between the Trust and the Custodian as such agreements are now in effect and as the same may hereafter be amended from time to time;
B. Act and operate the Trust in conformity with the Declaration, Bylaws, and subject to the supervision and control Information Statement of the Trustees of each Trust, EIS will hereafter provide facilities, equipment with the instructions and personnel to carry out the following administrative services for operation directions of the business Trustees, and affairs of each Trust all applicable federal and each of its series:
(a) Preparestate laws, file rules and maintain each Trust’s governing documentsregulations, including the Declaration of Trust (which has previously been prepared and filed)including, but not limited to, the By laws, minutes Investment Company Act of meetings of Trustees 1940 and shareholders, all rules and proxy statements for meetings of shareholdersregulations promulgated thereunder;
(b) C. Prepare and file with the Securities and Exchange Commission and the appropriate state securities authorities the registration statements for each Trust and each Trust’s shares and all amendments thereto, reports to regulatory authorities and shareholders, prospectuses, proxy statements, Information Statement and such other documents as may be necessary or convenient to enable used by the Trust to make a continuous offering of its sharesin connection with seeking and obtaining additional Participants;
(c) PrepareD. Furnish the Trust, negotiate at the sole expense of the Administrator, with the services of such persons competent to perform such administrative and administer contracts on behalf clerical functions as maybe necessary from time to time in order to provide effective administration of each the Trust with, among others, each Trust’s distributor, and custodian and transfer agent;
(d) Supervise each Trust’s fund accounting agent in maintain or provide for the maintenance of each such accounts, books and records as are required by the Declaration, Bylaws, the current Information Statement, and as requested by the Trustees of the Trust;
E. Provide necessary data for the preparation by the Trust of any and all required tax returns of the Trust;
F. Prepare monthly statements to the Trust's general ledger and in the preparation of each Trust's financial statements, including oversight of expense accruals and payments and the determination Participants;
G. Prepare periodic updates of the Information Statement;
H. Maintain accounts and records for the Trustees as required by the Declaration of Trust;
I. Determine the per-Unit net asset value of each TrustParticipant's assets account in the Trust as required by the Declaration of Trust and in accordance with generally accepted money market fund accounting standards, and provide reports as required by this Agreement;
J. Provide written confirmation of each investment and withdrawal of moneys as directed by a Participant, and of each Trust’s sharessale or purchase of a fixed term security;
K. Hold itself available, receive, and process, on behalf of the declaration Trust, applications and payment registrations from entities desiring to become Participants of dividends and other distributions to shareholdersthe Trust;
(e) Calculate performance data L. Service all Participant accounts in the Trust by, INTER ALIA, answering inquiries during normal business hours from Participants concerning the status of each their respective accounts in the Trust for dissemination to information services covering and the Trust's investment company industryprogram;
(f) Prepare M. Advise the Trustees regarding the methods of seeking and file each obtaining additional Participants of the Trust's tax returns;
N. At least once each quarter, provide the Trustees with a detailed evaluation of the performance of the Trust based upon such factors as the Administrator shall deem appropriate in light of its knowledge and experience.
O. Provide and maintain the computerized recordkeeping system (gi.e., IPAS Software) Examine for use in facilitating Participant investments and review withdrawals into and out of the operations appropriate Participant account of the Trust.
P. Provide daily rate information for each portfolio and Fixed Term Automated investment alternatives for distribution to Participants.
Q. Prepare, provide and maintain all records of the Trust's custodian , including all meetings of the Trustees or the sponsoring associations, including agendas and transfer agent;minutes, in accordance with state and federal laws and policies of the Trust.
(h) Coordinate R. The Administrator will serve as the layout primary contact for Participant interaction with the Trust and printing will facilitate all investment transactions and related money movement services. The Administrator agrees to maintain a minimum of publicly disseminated prospectuses two program representatives available to assist Participants and reports;to maintain a multi-line, audio recorded 1-800 toll free telephone service for the exclusive use by Participants.
(i) Prepare various shareholder reports;1. The Administrator shall perform the following administrative service in its capacity as primary contact for Participants:
(j) a. Assist with the design, development and operation opening of new series Participant accounts including verification that each Participant is eligible to be a member of each Trust;
(k) Coordinate shareholder meetings;
(l) Provide general compliance services; and
(m) Advise each Trust and its Trustees on matters concerning the Trust and its affairsto participate in Trust programs and that required opening procedures have been followed.
b. Take telephonic, electronic, oral and/or written investment orders from authorized representatives of the Participants, including verification that each authorized representative is properly documented in accordance with Trust procedures. All telephonic investment instructions shall be audio recorded.
c. Enter all investment transactions for proper recordation and credit into the web-based participant recordkeeping system ("IPAS Software").
d. Receive and respond to all electronic, written or telephonic inquiries received by the Administrator on behalf of the Trust including quotation of investment rates, verification of account balances, audit verification responses, transaction history or other aspects relating to the Trust or the Participant's accounts.
e. Facilitate and process all movement of moneys between the Trust and the Participant's account at the Participant's local financial institution, or between the Trust and any Vendor Account, which is pre-authorized by the Participant pursuant to the terms of the Vendor Pay Program. Money movement methods shall include automated clearing house (ACH), Federal Reserve Bank Wire (wire), or check. Prior to making any disbursements into a Vendor Account, the Administrator shall assure that such disbursement has been authorized, in writing, by the Participant and Vendor. The foregoingcost of money movement shall be borne by the Administrator under the terms of this Agreement.
f. Utilizing standard banking and trust procedures, along assure that all moneys received from or on behalf of Participants are fully collected and available to the Trust prior to crediting such moneys to the Participant's account or investing such moneys in Trust investment securities.
g. Independently verify and reconcile daily with any additional services that EIS shall agree in writing the Advisor, by information provided through the IPAS System, all Participant transactions made, and provide notification to perform for each Trust hereunder, shall hereafter be referred to as "Administrative Services." Administrative Services shall not include any duties, functions, or services the Custodian of the total amount of funds to be performed for each deposited or withdrawn from the Custody account's representing such Participant transactions. The Administrator shall have sole authority to direct the withdrawal of funds from the Custody Account's, with the exception of the Trust having such authority by such Trust’s investment adviser, distributor, custodian or transfer agent giving written instruction to the Custodian pursuant to their agreements Section 3.2(d) of the Custodian Agreement.
h. Receive and verify on behalf of the Trust all withdrawal requests representing authorized payment of fees and expenses of the Trust, and direct such payment from the appropriate Trust custody account's in accordance with such authorizations given by the Trust.
i. There shall be established by the Trust an internal control structure to assure compliance with the Declaration of Trust, the Agreements, Trust policies and procedures, and applicable laws and rules. In conjunction with the Trust appointed legal counsel and public accounting firm, provide support and assistance with audits and reviews as required by the Trust.
Appears in 1 contract
Samples: Administrator Agreement (Iowa Public Agency Investment Trust)
Services and Duties. As Administrator, and subject to the supervision and control of the Trustees Trust's Board of each TrustTrustees, EIS FAS will hereafter provide facilities, equipment equipment, and personnel to carry out the following administrative services for operation of the business and affairs of each the Trust and each of its series:
portfolios: (a) Prepareprepare, file file, maintain, and maintain each coordinate the distribution of the Trust’s 's governing documentsdocuments and any amendments thereto, including the Declaration Articles of Trust Incorporation (which has previously already been prepared and filed), the By By-laws, and the agendas, materials and minutes of meetings of Trustees and shareholders, and proxy statements for meetings of shareholders;
; (b) Prepare prepare and file with the Securities and Exchange Commission and the appropriate state securities authorities the registration statements for each the Trust and each the Trust’s 's shares and all amendments thereto, reports to regulatory authorities and shareholders, prospectuses, proxy statements, and such other documents all as may be necessary or convenient to enable the Trust to make a continuous offering of its shares;
; (c) Prepareprepare, negotiate negotiate, and administer contracts on behalf of each the Trust with, among others, each the Trust’s 's investment adviser, distributor, and custodian custodian, portfolio accountant and transfer agent;
; (d) Supervise each supervise the Trust’s fund accounting agent 's custodian in the maintenance of each the Trust's general ledger and in the preparation of each the Trust's financial statements, including oversight of expense accruals and payments and payments, of the determination of the net asset value of each Trust's assets and of each Trust’s shares, the Trust and of the declaration and payment of dividends and other distributions to shareholders;
; (e) Calculate review and coordinate the calculation of performance data of each the Trust for dissemination to information services covering the investment company industry;
; (f) Prepare and file each review the Trust's tax returns;
; (g) Examine examine and review the operations of each the Trust's custodian and transfer agent;
; (h) Coordinate coordinate the layout and printing of publicly disseminated prospectuses and reports;
; (i) Prepare various shareholder reports;
perform internal audit examinations in accordance with a charter to be adopted by FAS and the Trust, and coordinate and facilitate external audits by the Trust's independent auditors and regulatory examinations of the Trust; (j) Assist assist with the design, development development, and operation of new series of each the Trust;
; (k) Coordinate shareholder meetings;
provide individuals reasonably acceptable to the Trust's Board of Trustees for nomination, appointment, or election as officers of the Trust, who will be responsible for the management of certain of the Trust's affairs as determined by the Trust's Board of Trustees; (l) Provide general compliance services; and
(m) Advise each consult with the Trust and its Board of Trustees on matters concerning the Trust and its affairs; and (m) administer the processing of Rule 12b-1 payments and marketing expenses at the direction of the Trust and its distributor(s) and, in connection therewith, prepare quarterly reports to the Board of Trustees pursuant to Rule 12b-1. The foregoing, along with any additional services that EIS FAS shall agree in writing to perform for each the Trust hereunder, shall hereafter be referred to as "Administrative Services." Administrative Services shall not include any duties, functions, or services to be performed for each the Trust by such the Trust’s 's investment adviser, distributor, custodian custodian, portfolio accountant, or transfer agent pursuant to their respective agreements with such the Trust.
Appears in 1 contract
Samples: Administrative Services Agreement (Fundmanager Portfolios)
Services and Duties. As AdministratorThe Administrator shall:
A. Supervise all aspects of the Trust*s operations, other than those operations which are to be managed by the Trust*s Advisor pursuant to the Advisor Agreement between the Trust and the Advisor or by the Trust*s Custodian pursuant to the Custodian Agreement between the Trust and the Custodian as such agreements are now in effect and as the same may hereafter be amended from time to time;
B. Act and operate the Trust in conformity with the Declaration, Bylaws, and subject to the supervision and control Information Statement of the Trustees of each Trust, EIS will hereafter provide facilities, equipment with the instructions and personnel to carry out the following administrative services for operation directions of the business Trustees, and affairs of each Trust all applicable federal and each of its series:
(a) Preparestate laws, file rules and maintain each Trust’s governing documentsregulations, including the Declaration of Trust (which has previously been prepared and filed)including, but not limited to, the By laws, minutes Investment Company Act of meetings of Trustees 1940 and shareholders, all rules and proxy statements for meetings of shareholdersregulations promulgated thereunder;
(b) C. Prepare and file with the Securities and Exchange Commission and the appropriate state securities authorities the registration statements for each Trust and each Trust’s shares and all amendments thereto, reports to regulatory authorities and shareholders, prospectuses, proxy statements, Information Statement and such other documents as may be necessary or convenient to enable used by the Trust to make a continuous offering of its sharesin connection with seeking and obtaining additional Participants;
(c) PrepareD. Furnish the Trust, negotiate at the sole expense of the Administrator, with the services of such persons competent to perform such administrative and administer contracts on behalf clerical functions as maybe necessary from time to time in order to provide effective administration of each the Trust with, among others, each Trust’s distributor, and custodian and transfer agent;
(d) Supervise each Trust’s fund accounting agent in maintain or provide for the maintenance of each such accounts, books and records as are required by the Declaration, Bylaws, the current Information Statement, and as requested by the Trustees of the Trust's general ledger and in ;
E. Provide necessary data for the preparation by the Trust of each Trust's financial statements, including oversight of expense accruals any and payments and the determination all required tax returns of the Trust;
F. Prepare monthly statements to the Trust*s Participants;
G. Prepare periodic updates of the Information Statement;
H. Maintain accounts and records for the Trustees as required by the Declaration of Trust;
I. Determine the per-Unit net asset value of each Trust's assets Participant*s account in the Trust as required by the Declaration of Trust and in accordance with generally accepted money market fund accounting standards, and provide reports as required by this Agreement;
J. Provide written confirmation of each investment and withdrawal of moneys as directed by a Participant, and of each Trust’s sharessale or purchase of a fixed term security;
K. Hold itself available, receive, and process, on behalf of the declaration Trust, applications and payment registrations from entities desiring to become Participants of dividends and other distributions to shareholdersthe Trust;
(e) Calculate performance data L. Service all Participant accounts in the Trust by, inter alia, answering inquiries during normal business hours from Participants concerning the status of each their respective accounts in the Trust for dissemination to information services covering and the Trust*s investment company industryprogram;
(f) Prepare M. Advise the Trustees regarding the methods of seeking and file each obtaining additional Participants of the Trust's tax returns;
N. At least once each quarter, provide the Trustees with a detailed evaluation of the performance of the Trust based upon such factors as the Administrator shall deem appropriate in light of its knowledge and experience.
O. Provide and maintain the computerized recordkeeping system (gi.e., IPAS Software) Examine for use in facilitating Participant investments and review withdrawals into and out of the operations appropriate Participant account of the Trust.
P. Provide daily rate information for each portfolio and Fixed Term Automated investment alternatives for distribution to Participants.
Q. Prepare, provide and maintain all records of the Trust's custodian , including all meetings of the Trustees or the sponsoring associations, including agendas and transfer agent;minutes, in accordance with state and federal laws and policies of the Trust.
(h) Coordinate R. The Administrator will serve as the layout primary contact for Participant interaction with the Trust and printing will facilitate all investment transactions and related money movement services. The Administrator agrees to maintain a minimum of publicly disseminated prospectuses two program representatives available to assist Participants and reports;to maintain a multi-line, audio recorded 1-800 toll free telephone service for the exclusive use by Participants.
(i) Prepare various shareholder reports;1. The Administrator shall perform the following administrative service in its capacity as primary contact for Participants:
(j) a. Assist with the design, development and operation opening of new series Participant accounts including verification that each Participant is eligible to be a member of each Trust;
(k) Coordinate shareholder meetings;
(l) Provide general compliance services; and
(m) Advise each Trust and its Trustees on matters concerning the Trust and its affairsto participate in Trust programs and that required opening procedures have been followed.
b. Take telephonic, electronic, oral and/or written investment orders from authorized representatives of the Participants, including verification that each authorized representative is properly documented in accordance with Trust procedures. All telephonic investment instructions shall be audio recorded.
c. Enter all investment transactions for proper recordation and credit into the web-based participant recordkeeping system ("IPAS Software").
d. Receive and respond to all electronic, written or telephonic inquiries received by the Administrator on behalf of the Trust including quotation of investment rates, verification of account balances, audit verification responses, transaction history or other aspects relating to the Trust or the Participant's accounts.
e. Facilitate and process all movement of moneys between the Trust and the Participant's account at the Participant's local financial institution. Money movement methods shall include automated clearing house (ACH), Federal Reserve Bank Wire (wire), or check. Such money movement methods established by the Administrator shall require that all Trust or Participant funds be moved only within a "closed system" between the Participant's preauthorized local account and their Trust account. The foregoingAdministrator shall assure that no Participant disbursements are made to persons or locations outside this preauthorized "closed system". The cost of money movement shall be borne by the Administrator under the terms of this Agreement.
f. Utilizing standard banking and trust procedures, along assure that all moneys received from or on behalf of Participants are fully collected and available to the Trust prior to crediting such moneys to the Participant's account or investing such moneys in Trust investment securities.
g. Independently verify and reconcile daily with any additional services that EIS shall agree in writing the Advisor, by information provided through the IPAS System, all Participant transactions made, and provide notification to perform for each Trust hereunder, shall hereafter be referred to as "Administrative Services." Administrative Services shall not include any duties, functions, or services the Custodian of the total amount of funds to be performed for each deposited or withdrawn from the Custody account/s representing such Participant transactions. The Administrator shall have sole authority to direct the withdrawal of funds from the Custody Account/s, with the exception of the Trust having such authority by such Trust’s investment adviser, distributor, custodian or transfer agent giving written instruction to the Custodian pursuant to their agreements Section 3.2(d) of the Custodian Agreement.
h. Receive and verify on behalf of the Trust all withdrawal requests representing authorized payment of fees and expenses of the Trust, and direct such payment from the appropriate Trust custody account/s in accordance with such authorizations given by the Trust.
I. There shall be established by the Trust an internal control structure to assure compliance with the Declaration of Trust, the Agreements, Trust policies and procedures, and applicable laws and rules. In conjunction with the Trust appointed legal counsel and public accounting firm, provide support and assistance with audits and reviews as required by the Trust.
Appears in 1 contract
Samples: Administrator Agreement (Iowa Public Agency Investment Trust)
Services and Duties. As Administrator, and subject to the supervision and control of the Trustees of each Trust's Board of Trustees, EIS the Administrator will hereafter provide facilities, equipment equipment, and personnel to carry out the following administrative and fund accounting services for operation of the business and affairs of each Trust and each of its seriesthe Funds covered by this Agreement:
(a) Preparea. prepare, file file, and maintain each Trust’s 's governing documents, including the their respective Agreement and Declaration of Trust (which has previously been prepared and filed)Bylaws;
b. at the request of each Trust, assist in the By lawspreparation of all agendas, notices and minutes of meetings of Trustees and shareholders, and proxy statements for meetings of each Trust's Board of Trustees or shareholders, all resolutions to be voted upon by each Board of Trustees, assist in the preparation of supporting information for such meetings with regard to the duties of the Administrator under this Agreement, and collection and distribution of supporting information for such meetings with respect to the duties performed by other persons who provide services to the Trusts;
(b) Prepare c. prepare and file on a timely basis with the Securities and Exchange Commission and the appropriate state securities authorities the registration statements for each Trust Trust, relating to the Funds and each Trust’s shares the Funds' shares, and all amendments thereto, each Trust's reports pursuant to Investment Company Act Rule 24f-2, reports to shareholders and regulatory authorities authorities, including Form N-SAR and shareholdersForm N-CSR, and prospectuses, proxy statements, and such other documents as may be necessary or convenient to enable the Trust to make a continuous offering of the Funds' shares and to conduct its sharesaffairs;
(c) Prepare, negotiate and administer contracts on behalf of each Trust with, among others, each Trust’s distributor, and custodian and transfer agent;
(d) Supervise each Trust’s fund accounting agent in the maintenance of d. supervise each Trust's general ledger and in the preparation of each Trust's financial statements, including oversight of expense accruals and payments and the determination of the net asset value of each Trust's assets and of each Trust’s shares, and of the declaration and payment of dividends and other distributions to shareholderscustodian;
(e) Calculate e. calculate performance data of each Trust for dissemination to information services covering the investment company industryFunds;
(f) Prepare f. prepare and file each Trust's on a timely basis the Federal and State income and other tax returnsreturns for the Funds;
(g) Examine g. examine and review the operations of each Trust's custodian and transfer agentinvestment adviser and the Funds' subadvisers, if any, to promote compliance with applicable state and federal law;
(h) Coordinate h. coordinate the layout and printing of publicly disseminated prospectuses and reports;
(i) Prepare various shareholder reportsi. perform internal audit examinations in accordance with procedures to be adopted by the Administrator and the Trusts;
(j) Assist j. assist with the design, development development, and operation of new series the Funds;
k. provide individuals reasonably acceptable to each Trust's Board of Trustees for nomination, appointment, or election as officers of the Trust, who will be responsible for the management of certain of each Trust's affairs as determined by each Trust's Board of Trustees;
(k) Coordinate shareholder meetingsl. monitor each Trust's compliance with Section 817 and Sections 851 through 855 of the Internal Revenue Code of 1986, as amended, and the regulations promulgated thereunder, so as to enable the Trusts and each Fund to comply with the diversification requirements applicable to investments of variable contracts and for each to maintain its status as a "regulated investment company";
(l) Provide general compliance services; and
(m) Advise m. advise each Trust and its Board of Trustees on matters concerning the Trust Funds and its their affairs;
n. provide the Trusts with office space and personnel; and
o. provide the Trusts and each Fund with fund accounting services, including but not limited to the following services:
1) keeping and maintaining the following books and records of the Trusts and each of the Funds pursuant to Rule 31a-1 under the Investment Company Act, including:
a) journals containing an itemized daily record of all purchase and sales of securities, all receipts and disbursements of cash and all other debit and credits, as required by Rule 31a-1(b)(1);
b) general and auxiliary ledgers reflecting all asset, liability, reserve, capital, income and expense accounts, including interest accrued and interest received, as required by Rule 31a-1(b)(2)(i);
c) separate ledger accounts required by Rule 31a-1(b)(2)(ii) and (iii); and
d) a monthly trial balance of all ledger accounts (except shareholder accounts) as required by Rule 31a-1(b)(8).
2) performing the following accounting services on a regular basis for each Fund, as may be reasonably requested by the Trusts:
a) calculate the net asset value per share;
b) calculate the dividend and capital gain distribution, if any;
c) calculate a Fund's yield;
d) reconcile cash movements with the Trusts' custodian;
e) affirm to the Trusts' custodian all portfolio trades and cash movements;
f) verify and reconcile with the Trusts' custodian all daily trade activity;
g) provide such reports as may be required by the Trusts;
h) preparation of the Trusts' financial statements, including oversight of expense accruals and payments; and
i) such other similar services with respect to a Fund as may be reasonably requested by the Trusts; and
p. assist in all aspects of the Funds' operations other than those provided under other specific contracts. The foregoing, along with any additional services that EIS the Administrator shall agree in writing to perform for each Trust the Trusts hereunder, shall hereafter be referred to as "Administrative Services." In compliance with the requirements of Rule 31a-3 under the Investment Company Act, the Administrator hereby agrees that all records that it maintains for the Trusts are the property of the respective Trust and further agrees to surrender promptly to such Trust any of such records upon the Trust's request. The Administrator further agrees to preserve for the periods prescribed by Investment Company Act Rule 31a-2 the records required to be maintained by Investment Company Act Rule 31a-1. Administrative Services shall not include any duties, functions, or services to be performed for each Trust the Trusts by such Trust’s a Fund's investment adviser, distributorcustodian, custodian or transfer agent pursuant to their agreements with the Trust or a Fund. When performing Administrative Services to the Trusts and for the Funds, the Administrator will comply with the provisions of the Agreement and Declaration of Trust and Bylaws of each Trust, will safeguard and promote the welfare of the Trusts and the Funds, and will comply with the policies that the Trustees may from time to time reasonably determine, provided that such Trustpolicies are not in conflict with this Agreement, the Trusts' governing documents, or any applicable statutes or regulations.
Appears in 1 contract
Samples: Fund Administration Agreement (Montgomery Funds Iii)
Services and Duties. As Administrator, and subject to the supervision and control of the Trustees Trust's Board of each TrustTrustees, EIS the Administrator will hereafter provide facilities, equipment equipment, and personnel to carry out the following administrative services for operation of the business and affairs of each the Trust and each of its seriesFunds:
(a) Preparea. prepare, file file, and maintain each the Trust’s 's governing documents, including the Declaration of Trust (which has previously already been prepared and filed), the By lawsBylaws, minutes of meetings of Trustees and shareholders, and proxy statements for meetings of shareholders;
(b) Prepare ; 3 b. prepare and file with the Securities and Exchange Commission and the appropriate state securities authorities the registration statements for each the Trust and each the Trust’s 's shares and all amendments thereto, the Trust's reports pursuant to Investment Company Act Rule 24f-2, reports to shareholders and regulatory authorities authorities, including form N-SAR, and shareholders, prospectuses, proxy statements, and such other documents as may be necessary or convenient to enable the Trust to make a continuous offering of its sharesshares and to conduct its affairs;
(c) Preparec. prepare, negotiate negotiate, and administer contracts on behalf of each the Trust with, among others, each the Trust’s distributor, and 's custodian and transfer agent;
(d) Supervise each d. supervise the Trust’s 's custodian and fund accounting agent personnel in the maintenance of each the Trust's general ledger and in the preparation of each the Trust's financial statements, including oversight of expense accruals and payments and the payments, determination of the net asset value of each the Trust's assets and of each the Trust’s 's shares, and of the declaration and payment payments of dividends and other distributions to shareholders;
(e) Calculate e. calculate performance data of each Trust the Funds for dissemination to information services covering the investment company industry;
(f) Prepare f. prepare and file each on a timely basis the Trust's Federal and State income and other tax returns;
(g) Examine g. examine and review the operations of each the Trust's custodian custodian, transfer agent and transfer agentinvestment adviser to promote compliance with applicable state and federal law;
(h) Coordinate h. coordinate the layout and printing of publicly disseminated prospectuses and reports;
(i) Prepare various shareholder reportsi. perform internal audit examinations in accordance with procedures to be adopted by the Administrator and the Trust;
(j) Assist j. assist with the design, development development, and operation of new series of each the Trust;
(k) Coordinate shareholder meetingsk. provide individuals reasonably acceptable to the Trust's Board of Trustees for nomination, appointment, or election as officers of the Trust, who will be responsible for the management of certain of the Trust's affairs as determined by the Trust's Board. of Trustees;
(l) Provide general l. monitor the Trust's compliance services; and
(m) Advise each Trust with Section 817 and its Trustees on matters concerning Sections 851 through 855 of the Internal Revenue Code of 1986, as amended, and the regulations promulgated thereunder, so as to enable the Trust to comply with the diversification requirements applicable to investments of variable contracts and to maintain its affairs. The foregoing, along with any additional services that EIS shall agree in writing to perform for each Trust hereunder, shall hereafter be referred to status as a "Administrative Services." Administrative Services shall not include any duties, functions, or services to be performed for each Trust by such Trust’s regulated investment adviser, distributor, custodian or transfer agent pursuant to their agreements with such Trust.company;"
Appears in 1 contract
Samples: Administrative Services Agreement (One Group Investment Trust)
Services and Duties. As Administrator, and subject to the supervision and control of the Trustees of each Trust, EIS will hereafter provide facilities, equipment and personnel to carry out the following administrative services for operation of the business and affairs of each Trust and each of its series:
(a) Prepare, file and maintain each Trust’s 's governing documents, including the Declaration of Trust (which has previously been prepared and filed), the By laws, minutes of meetings of Trustees and shareholders, and proxy statements for meetings of shareholders;
(b) Prepare and file with the Securities and Exchange Commission and the appropriate state securities authorities the registration statements for each Trust and each Trust’s 's shares and all amendments thereto, reports to regulatory authorities and shareholders, prospectuses, proxy statements, and such other documents as may be necessary or convenient to enable the Trust to make a continuous offering of its shares;
(c) Prepare, negotiate and administer contracts on behalf of each Trust with, among others, each Trust’s 's distributor, and custodian and transfer agent;
(d) Supervise each Trust’s 's fund accounting agent in the maintenance of each Trust's general ledger and in the preparation of each Trust's financial statements, including oversight of expense accruals and payments and the determination of the net asset value of each Trust's assets and of each Trust’s 's shares, and of the declaration and payment of dividends and other distributions to shareholders;
(e) Calculate performance data of each Trust for dissemination to information services covering the investment company industry;
(f) Prepare and file each Trust's tax returns;
(g) Examine and review the operations of each Trust's custodian and transfer agent;:
(h) Coordinate the layout and printing of publicly disseminated prospectuses and reports;
(i) Prepare various shareholder reports;
(j) Assist with the design, development and operation of new series of each Trust;
(k) Coordinate shareholder meetings;
(l) Provide general compliance services; and
(m) Advise each Trust and its Trustees on matters concerning the Trust and its affairs. The foregoing, along with any additional services that EIS shall agree in writing to perform for each Trust hereunder, shall hereafter be referred to as "Administrative Services." Administrative Services shall not include any duties, functions, or services to be performed for each Trust by such Trust’s 's investment adviser, distributor, custodian or transfer agent pursuant to their agreements with such Trust.
Appears in 1 contract
Samples: Administrative Services Agreement (Evergreen Money Market Trust)
Services and Duties. As Administrator, and subject (A) Subject to the supervision and control of the Trustees Company's Board of each TrustDirectors, EIS BISYS will hereafter provide facilities, equipment equipment, statistical and research data, clerical, accounting and bookkeeping services, internal auditing and legal services, and personnel to carry out the following all administrative services required for operation of the business and affairs of each Trust the Funds, other than those investment advisory functions which are to be performed by the Company's Investment Adviser, the services of Concord Financial as Distributor pursuant to the Distribution Agreement, those services to be performed by The Bank of New York and each PNC Bank, National Association pursuant to the Company's Custody Agreements, those services to be performed by BISYS Fund Services, Inc. (the "Transfer Agent") pursuant to the Company's Transfer Agency Agreement and those services normally performed by the Company's counsel and auditors. The responsibilities of its seriesBISYS include without limitation the following services:
(a1) Prepare, file Providing a facility to receive purchase and maintain each Trust’s governing documents, including the Declaration of Trust (which has previously been prepared and filed), the By laws, minutes of meetings of Trustees and shareholders, and proxy statements redemption orders for meetings of shareholdersShares via toll-free IN-WATS telephone lines;
(b2) Prepare Providing for the preparing, supervising and file with the Securities mailing of confirmations for all purchase and Exchange Commission and the appropriate state securities authorities the registration statements redemption orders for each Trust and each Trust’s shares and all amendments thereto, reports to regulatory authorities and shareholders, prospectuses, proxy statements, and such other documents as may be necessary or convenient to enable the Trust to make a continuous offering of its sharesShares;
(c3) PrepareProviding and supervising the operation of an automated data processing system to process purchase and redemption orders for Shares received by
(4) Overseeing the performance of The Bank of New York, negotiate PNC Bank, National Association and administer contracts on behalf of each Trust with, among others, each Trust’s distributor, Transfer Agent under the Custody Agreements and custodian and transfer agentTransfer Agency Agreement with respect to the Funds;
(d5) Supervise Making available information concerning each Trust’s fund accounting agent in the maintenance Fund to its shareholders; distributing written communications to each Fund's shareholders such as periodic listings of each TrustFund's general ledger securities, annual and in the preparation of each Trust's financial statements, including oversight of expense accruals and payments and the determination of the net asset value of each Trust's assets and of each Trust’s sharessemi-annual reports, and of the declaration and payment of dividends and other distributions to shareholders;
(e) Calculate performance data of each Trust for dissemination to information services covering the investment company industry;
(f) Prepare and file each Trust's tax returns;
(g) Examine and review the operations of each Trust's custodian and transfer agent;
(h) Coordinate the layout and printing of publicly disseminated prospectuses and reports;
(i) Prepare various supplements thereto; and handling shareholder reports;
(j) Assist with the design, development problems and operation of new series of each Trust;
(k) Coordinate shareholder meetings;
(l) Provide general compliance servicescalls relating to administrative matters; and
(m6) Advise Providing and supervising the services of employees ("relationship coordinators") whose principal responsibility and function shall be to preserve and strengthen each Trust Fund's relationships with its shareholders.
(B) BISYS shall assure that persons are available to transmit redemption requests for Shares to the Company's transfer agent as promptly as practicable.
(C) BISYS shall assure that persons are available to transmit orders accepted for the purchase of Shares to the transfer agent of the Company as promptly as practicable.
(D) BISYS shall participate in the periodic updating of the Funds' prospectuses and its Trustees statements of additional information and shall accumulate information for and, subject to approval by the Company's Treasurer and legal counsel, coordinate the preparation, filing, printing and dissemination of reports to the Funds' shareholders and the Commission, including but not limited to annual reports and semi-annual reports on matters concerning Form N-SAR, notices pursuant to Rule 24f-2 and proxy materials pertaining to the Trust Funds.
(E) BISYS shall compute each Fund's net asset value per share on each business day.
(F) BISYS shall calculate dividends and its affairscapital gain distributions to be paid to each Fund's shareholders in conformity with subchapter M of the Internal Revenue Code.
(G) BISYS shall pay all costs and expenses of maintaining the offices of the Company, wherever located, and shall arrange for payment by the Company of all expenses payable by the Company.
(I) BISYS shall provide the services of certain persons who may be appointed as officers of the Company by the Company's Board of Directors.
(J) BISYS shall oversee the maintenance by The Bank of New York, PNC Bank, National Association and Transfer Agent of the books and records pertaining to the Funds required under the 1940 Act in connection with the performance of the Custody Agreements and Transfer Agency Agreement, and shall maintain such other books and records with respect to the Funds (other than those required to be maintained by the Company's Investment Adviser) as may be required by law or may be required for the proper operation of the business and affairs of the Funds. The Without limiting the foregoing, along BISYS shall obtain from the Company's prior administrator all books and records pertaining to the Funds that are required to be maintained under the 1940 Act and that are in the prior administrator's possession, and shall be responsible for the proper maintenance of such records throughout the term of this Agreement. In compliance with any additional services the requirements of Rule 31a-3 under the 1940 Act, BISYS agrees that EIS shall agree in writing to perform for each Trust hereunder, shall hereafter be referred to as "Administrative Services." Administrative Services shall not include any duties, functionsall such books and records which it maintains, or services is responsible for maintaining, for the Company and the Funds are the property of the Company and further agrees to surrender promptly to the Company any of such books and records upon the Company's request. BISYS further agrees to preserve for the periods prescribed by Rule 31a-2 under the 1940 Act said books and records required to be performed maintained by Rule 31a-1 under said Act.
(K) BISYS shall prepare the Funds' federal, state and local income tax returns.
(L) BISYS shall prepare and, subject to approval of the Company's Treasurer, disseminate to the Company's directors each Fund's quarterly financial statements and schedules of investments, and shall prepare such other reports relating to the business and affairs of the Funds (not otherwise appropriately prepared by the Company's Investment Adviser, counsel or auditors) as the officers and directors of the Company may from time to time reasonably request in connection with performance of their duties.
(N) In performing its duties as Administrator for each Trust by such Trust’s investment adviserthe Funds, distributorBISYS will act in conformity with the Company's Charter, custodian By-laws, prospectuses and statements of additional information, and the instructions and directions of the Board of Directors of the Company. In addition, BISYS will conform to and comply with the requirements of the 1940 Act and all other applicable federal or transfer agent pursuant to their agreements with such Truststate laws and regulations.
Appears in 1 contract
Samples: Administration Agreement (Pacific Horizon Funds Inc)
Services and Duties. As Administrator, and subject to the supervision and control of the Trustees of each the Trust, EIS will hereafter provide facilities, equipment and personnel to carry out the following administrative services for operation of the business and affairs of each Trust and each of its seriesthe Trust:
(a) Prepare, file and maintain each the Trust’s governing documents, including the Declaration of Trust (which has previously been prepared and filed), the By laws, minutes of meetings of Trustees and shareholders, and proxy statements for meetings of shareholders;
(b) Prepare and file with the Securities and Exchange Commission and the appropriate state securities authorities the registration statements for each the Trust and each the Trust’s shares and all amendments thereto, reports to regulatory authorities and shareholders, prospectuses, proxy statements, and such other documents as may be necessary or convenient to enable the Trust to make a continuous an offering of its shares;
(c) Prepare, negotiate and administer contracts on behalf of each the Trust with, among others, each the Trust’s distributorunderwriters, and custodian and transfer agent;
(d) Supervise each the Trust’s fund accounting agent in the maintenance of each the Trust's general ledger and in the preparation of each the Trust's financial statements, including oversight of expense accruals and payments and the determination of the net asset value of each the Trust's assets and of each the Trust’s shares, and of the declaration and payment of dividends and other distributions to shareholders;
(e) Calculate performance data of each the Trust for dissemination to information services covering the investment company industry;
(f) Prepare and file each the Trust's tax returns;
(g) Examine and review the operations of each the Trust's custodian and transfer agent;
(h) Coordinate the layout and printing of publicly disseminated prospectuses and reports;
(i) Prepare various shareholder reports;
(j) Assist Prepare and file an application for listing the Trust’s shares on the New York Stock Exchange, and prepare and file any other documents required to be filed with such Exchange or any other exchange on which the design, development and operation of new series of each Trust’s shares are listed or traded;
(k) Coordinate shareholder meetings;
(l) Provide general compliance services; and
(m) Advise each the Trust and its Trustees on matters concerning the Trust and its affairs. The foregoing, along with any additional services that EIS shall agree in writing to perform for each the Trust hereunder, shall hereafter be referred to as "Administrative Services." Administrative Services shall not include any duties, functions, or services to be performed for each the Trust by such the Trust’s investment adviser, distributorunderwriters, custodian or transfer agent pursuant to their agreements with such the Trust.
Appears in 1 contract
Samples: Administrative Services Agreement (Evergreen Diversified Income Opportunties Fund)
Services and Duties. As AdministratorThe Administrator shall:
A. Supervise all aspects of the Trust’s operations, other than those operations which are to be managed by the Trust’s Advisor pursuant to the Advisor Agreement between the Trust and the Advisor or by the Trust’s Custodian pursuant to the Custodian Agreement between the Trust and the Custodian as such agreements are now in effect and as the same may hereafter be amended from time to time;
B. Act and operate the Trust in conformity with the Declaration, Bylaws, and subject to the supervision and control Information Statement of the Trustees of each Trust, EIS will hereafter provide facilities, equipment with the instructions and personnel to carry out the following administrative services for operation directions of the business Trustees, and affairs of each Trust all applicable federal and each of its series:
(a) Preparestate laws, file rules and maintain each Trust’s governing documentsregulations, including the Declaration of Trust (which has previously been prepared and filed)including, but not limited to, the By laws, minutes Investment Company Act of meetings of Trustees 1940 and shareholders, all rules and proxy statements for meetings of shareholdersregulations promulgated thereunder;
(b) C. Prepare and file with the Securities and Exchange Commission and the appropriate state securities authorities the registration statements for each Trust and each Trust’s shares and all amendments thereto, reports to regulatory authorities and shareholders, prospectuses, proxy statements, Information Statement and such other documents as may be necessary or convenient to enable used by the Trust to make a continuous offering of its sharesin connection with seeking and obtaining additional Participants;
(c) PrepareD. Furnish the Trust, negotiate at the sole expense of the Administrator, with the services of such persons competent to perform such administrative and administer contracts on behalf clerical functions as maybe necessary from time to time in order to provide effective administration of each the Trust with, among others, each Trust’s distributor, and custodian and transfer agent;
(d) Supervise each Trust’s fund accounting agent in maintain or provide for the maintenance of each such accounts, books and records as are required by the Declaration, Bylaws, the current Information Statement, and as requested by the Trustees of the Trust's general ledger and in ;
E. Provide necessary data for the preparation by the Trust of each Trust's financial statements, including oversight of expense accruals any and payments and the determination all required tax returns of the Trust;
F. Prepare monthly statements to the Trust’s Participants;
G. Prepare periodic updates of the Information Statement;
H. Maintain accounts and records for the Trustees as required by the Declaration of Trust;
I. Determine the per-Unit net asset value of each Trust's assets Participant’s account in the Trust as required by the Declaration of Trust and in accordance with generally accepted money market fund accounting standards, and provide reports as required by this Agreement;
J. Provide written confirmation of each investment and withdrawal of moneys as directed by a Participant, and of each sale or purchase of a fixed term security;
K. Hold itself available, receive, and process, on behalf of the Trust, applications and registrations from entities desiring to become Participants of the Trust;
L. Service all Participant accounts in the Trust by, inter alia, answering inquiries during normal business hours from Participants concerning the status of their respective accounts in the Trust and the Trust’s shares, investment program;
M. Advise the Trustees regarding the methods of seeking and obtaining additional Participants of the declaration and payment of dividends and other distributions to shareholdersTrust;
N. At least once each quarter, provide the Trustees with a detailed evaluation of the performance of the Trust based upon such factors as the Administrator shall deem appropriate in light of its knowledge and experience.
O. Provide and maintain the computerized recordkeeping system (ei.e., IPAS Software) Calculate performance data for use in facilitating Participant investments and withdrawals into and out of the appropriate Participant account of the Trust.
P. Provide daily rate information for each portfolio and Fixed Term Automated investment alternatives for distribution to Participants.
Q. Prepare, provide and maintain all records of the Trust, including all meetings of the Trustees or the sponsoring associations, including agendas and minutes, in accordance with state and federal laws and policies of the Trust.
R. The Administrator will serve as the primary contact for Participant interaction with the Trust and will facilitate all investment transactions and related money movement services. The Administrator agrees to maintain a minimum of two program representatives available to assist Participants and to maintain a multi-line, audio recorded 1-800 toll free telephone service for dissemination to information services covering the investment company industry;exclusive use by Participants. The Administrator shall perform the following administrative service in its capacity as primary contact for Participants:
(f) Prepare and file each Trust's tax returns;
(g) Examine and review the operations of each Trust's custodian and transfer agent;
(h) Coordinate the layout and printing of publicly disseminated prospectuses and reports;
(i) Prepare various shareholder reports;
(j) a. Assist with the design, development and operation opening of new series Participant accounts including verification that each Participant is eligible to be a member of each Trust;
(k) Coordinate shareholder meetings;
(l) Provide general compliance services; and
(m) Advise each Trust and its Trustees on matters concerning the Trust and its affairsto participate in Trust programs and that required opening procedures have been followed.
b. Take telephonic, electronic, oral and/or written investment orders from authorized representatives of the Participants, including verification that each authorized representative is properly documented in accordance with Trust procedures. All telephonic investment instructions shall be audio recorded.
c. Enter all investment transactions for proper recordation and credit into the web-based participant recordkeeping system ("IPAS Software").
d. Receive and respond to all electronic, written or telephonic inquiries received by the Administrator on behalf of the Trust including quotation of investment rates, verification of account balances, audit verification responses, transaction history or other aspects relating to the Trust or the Participant's accounts.
e. Facilitate and process all movement of moneys between the Trust and the Participant's account at the Participant's local financial institution, or between the Trust and any Vendor Account, which is pre-authorized by the Participant pursuant to the terms of the Vendor Pay Program. Money movement methods shall include automated clearing house (ACH), Federal Reserve Bank Wire (wire), or check. Prior to making any disbursements into a Vendor Account, the Administrator shall assure that such disbursement has been authorized, in writing, by the Participant and Vendor. The foregoingcost of money movement shall be borne by the Administrator under the terms of this Agreement.
f. Utilizing standard banking and trust procedures, along assure that all moneys received from or on behalf of Participants are fully collected and available to the Trust prior to crediting such moneys to the Participant's account or investing such moneys in Trust investment securities.
g. Independently verify and reconcile daily with any additional services that EIS shall agree in writing the Advisor, by information provided through the IPAS System, all Participant transactions made, and provide notification to perform for each Trust hereunder, shall hereafter be referred to as "Administrative Services." Administrative Services shall not include any duties, functions, or services the Custodian of the total amount of funds to be performed for each deposited or withdrawn from the Custody account/s representing such Participant transactions. The Administrator shall have sole authority to direct the withdrawal of funds from the Custody Account/s, with the exception of the Trust having such authority by such Trust’s investment adviser, distributor, custodian or transfer agent giving written instruction to the Custodian pursuant to their agreements Section 3.2(d) of the Custodian Agreement.
h. Receive and verify on behalf of the Trust all withdrawal requests representing authorized payment of fees and expenses of the Trust, and direct such payment from the appropriate Trust custody account/s in accordance with such authorizations given by the Trust.
i. There shall be established by the Trust an internal control structure to assure compliance with the Declaration of Trust, the Agreements, Trust policies and procedures, and applicable laws and rules. In conjunction with the Trust appointed legal counsel and public accounting firm, provide support and assistance with audits and reviews as required by the Trust.
Appears in 1 contract
Samples: Administrator Agreement (Iowa Public Agency Investment Trust)
Services and Duties. As Administrator, The Administrators enter into the following covenants jointly and subject severally with respect to their administration and duties:
a. Subject to the supervision and control of the Trustees Trust's Board of each TrustTrustees, EIS will hereafter provide facilities, equipment and personnel to carry out the following administrative services for operation Administrators shall assist in supervising all aspects of the business Funds' operations, other than those investment advisory functions which are to be performed by the Trust's investment advisers pursuant to the Co-Advisory Agreement, those services to be performed by the custodian pursuant to the Trust's Custodian Agreement, those services to be performed by the distributor pursuant to the Trust's Distribution Agreement and affairs of each Trust those services to be performed by the transfer agent pursuant to the Trust's Transfer Agency and each of its seriesServices Agreement. In this regard, the Administrators' responsibilities include:
(a1) Prepare, file and maintain each Trust’s governing documents, including the Declaration of Trust Assisting in maintaining office facilities (which has previously been prepared and filedmay be in the offices of any of the Administrators or a corporate affiliate but shall be in such location as the Trust shall reasonably determine), the By laws, minutes of meetings of Trustees and shareholders, and proxy statements for meetings of shareholders;
(b2) Prepare Furnishing clerical services and stationary and office supplies;
(3) Providing for the preparing, supervising and mailing of confirmations for all purchase and redemption orders to shareholders of record;
(4) Providing and supervising the operation of an automated data processing system to process purchase and redemption orders (the Administrators assume responsibility for the accuracy of the data transmitted for processing or storage);
(5) Maintaining a procedure external to the transfer agent's system to reconstruct lost purchase and redemption data;
(6) monitoring the Trust's arrangements with respect to services provided by certain institutional shareholders ("Shareholder Servicing Agents") to their customers who own Fund shares pursuant to agreements between the Trusts and such Shareholder Servicing Agents (the "Servicing Agreements"), including, among other things, reviewing the qualifications of Shareholder Servicing Agents wishing to enter into Servicing Agreements with the Trust, assisting in the execution and delivery of Servicing Agreements, reporting to the Boards of Trustees with respect to the amounts paid or payable by the Funds from time to time under the Servicing Agreements and the nature of the services provided by Shareholder Servicing Agents, and maintaining appropriate records in connection with its monitoring duties;
(7) Providing information and distributing written communications concerning the Funds to their shareholders of record; handling shareholder problems and calls, including without limitation, calls relating to shareholder purchases and redemptions and shareholder inquiries, and maintaining a primary facility for such telephone services;
(8) performing all administrative functions for the Trust and the Funds not otherwise assigned to another person by contract or otherwise and generally assist in the operations of the Trust and the Funds.
b. The Administrators shall prepare or review all sales literature (advertisements, brochures and shareholder communications) for the Funds.
c. The Administrators shall participate to the extent requested by the Trust and its counsel in the periodic updating of the Trust's Registration Statement; compile data and accumulate information for and prepare (i) reports to shareholders of record and the Commission (e.g., Annual and SemiAnnual Reports on Form N-SAR) and (ii) notices pursuant to Rule 24f-2; and timely file with the Securities and Exchange Commission and other federal and state agencies, reports and documents including, without limitation, Annual and Semi-Annual Reports on Form N-SAR, notices pursuant to Rule 24f-2 and federal and state tax returns and required tax filings other than those required to be filed by the appropriate Trust's custodian or transfer agent.
d. The Administrators, after consultation with the distributor and counsel for the Trust, shall determine the jurisdictions in which the Trust's shares shall be registered or qualified for sale. The Administrators shall be responsible registering or qualifying shares for sale under the securities laws of any state, maintaining such registrations or qualifications, and for preparing compliance filings pursuant to state securities authorities laws with the advice of the Trust's counsel. Payment of share registration statements fees and any fees for each qualifying or continuing the qualification of the Trust or the Funds as a dealer or broker shall be made by the Trust or the Funds.
e. The Administrators shall monitor, and each assist in developing compliance procedures for the Funds, which will include without limitation, procedures to monitor compliance with the Funds' investment objectives, policies and limitations, tax matters, and applicable laws and regulations.
f. The Administrators shall assist in monitoring the regulatory and legislative developments which may affect the Trust’s shares and all amendments thereto, reports ; assist in counseling the Trust with respect to regulatory authorities examinations or investigations of the Trust; and shareholderswork with the Trust's counsel in connection with regulatory matters or litigation.
g. The Administrators agree to maintain all financial accounts, prospectusesrecords, proxy statementsjournals, ledgers and such other documents as may be necessary or convenient to enable schedules for the Trust to make a continuous offering of its shares;
(c) Prepare, negotiate and administer contracts on behalf of each Trust with, among others, each Trust’s distributor, and custodian and transfer agent;
(d) Supervise each Trust’s fund accounting agent in other than those maintained by the maintenance of each Trust's general ledger and in the preparation of each Trust's financial statements, including oversight of expense accruals and payments and the determination of the net asset value of each Trust's assets and of each Trust’s shares, and of the declaration and payment of dividends and other distributions to shareholders;
(e) Calculate performance data of each Trust for dissemination to information services covering the investment company industry;
(f) Prepare and file each Trust's tax returns;
(g) Examine and review the operations of each Trust's custodian and its transfer agent;
), and to install and maintain a system of internal controls appropriate for entities of the size and complexity of the Trust, and to provide reports, financial statements and other statistical data as requested from time to time by the Trust. In addition, the Administrators shall compute the Trust's net asset value, net income and net capital gain (hloss) Coordinate the layout and printing of publicly disseminated prospectuses and reports;
(i) Prepare various shareholder reports;
(j) Assist in accordance with the designTrust's Prospectus and resolutions of its Board of Trustees. The Administrators shall act as liaison with the Trust's independent public accountants and shall provide account analyses, development fiscal year summaries and operation other audit related schedules. The Administrators shall take all reasonable action in the performance of new series their obligations under this Agreement to assure that the necessary information is made available to such accountants for the expression of their opinion, as such may be required by the Trust from time to time.
h. The Administrators shall monitor each Trust;Fund's expenses and shall pay all expenses on proper authorization from each Fund.
(k) Coordinate shareholder meetings;
(l) Provide general i. The Administrators shall monitor each Fund's compliance services; and
(m) Advise each Trust with Subchapter M of the Internal Revenue Code of 1986, as amended from time to time and its Trustees on matters concerning status as a regulated investment company thereunder.
j. The Administrators shall maintain each Fund's fidelity bond as required by the 1940 Act. In compliance with the requirements of Rule 31a-3 under the 1940 Act, the Administrators agree that all records which they maintain for the Trust are the property of the Trust and its affairsfurther agree to surrender promptly to the Trust any of such records upon the Trust's request. The Administrators agree to maintain a back-up set of accounts and records of the Trust (which back-up shall be updated on at least a weekly basis) at a location other than that where the original accounts and records are stored. The Administrators shall assist the Trust, the Trust's independent auditors, or, upon approval of the Trust, any regulatory body, in any requested review of the Trust's accounts and records, and reports by the Administrators or their independent accountants concerning their accounting system and internal auditing controls will be open to such entities for audit or inspection upon reasonable request. There shall be no additional fee for these services. The Administrators further agree to preserve for the periods prescribed by Rule 31a-2 under the 1940 Act the records required to be maintained by Rule 31a-1 under the 1940 Act. If the expenses borne by any Fund in any fiscal year exceed the applicable expense limitations imposed by the securities regulations of any state in which the Fund's shares are registered or qualified for sale to the public, the Administrators agree to reimburse such Fund for a portion of any such excess expense in an amount equal to the portion that the administration fees otherwise payable by the Fund to the Administrators bear to the total amount of the investment advisory and administration fees otherwise payable by the Fund. The expense reimbursement obligation of the Administrators is limited to the amount of their fees hereunder for such fiscal year, provided, however, that notwithstanding the foregoing, along the Administrators shall reimburse such Fund for a portion of any such excess expenses in an amount equal to the proportion that the fees otherwise payable to the Administrators bear to the total amount of investment advisory and administration fees otherwise payable by the Fund regardless of the amount of fees paid to the Administrators during such fiscal year to the extent that the securities regulations of any state having jurisdiction over the Fund so require. Such expense reimbursement, if any, will be estimated, reconciled and paid on a monthly basis. In performing all of their services and duties as co- administrators, the Administrators will act in conformity with any additional services that EIS shall agree in writing to perform for each Trust hereunderthe Declaration of Trust, shall hereafter be referred to as "Administrative ServicesBylaws, Prospectuses and resolutions and other instructions of the Trust's Board of Trustees and will comply with the requirements of the 1940 Act and other applicable federal or state laws." Administrative Services shall not include any duties, functions, or services to be performed for each Trust by such Trust’s investment adviser, distributor, custodian or transfer agent pursuant to their agreements with such Trust.
Appears in 1 contract
Services and Duties. As Administrator, and subject to the supervision and control of the Trustees of each the Trust, EIS will hereafter provide facilities, equipment and personnel to carry out the following administrative services for operation of the business and affairs of each the Trust and each of its seriesthe Fund:
(a1) Prepareprepare, file and maintain each the Trust’s 's governing documents, including the Declaration of Trust (which has previously been prepared and filed), the By By-laws, minutes of meetings of Trustees and shareholders, and proxy statements for meetings of shareholders;
(b2) Prepare prepare and file with the Securities and Exchange Commission and the appropriate state securities authorities the registration statements for each the Trust and each the Trust’s 's shares and all amendments thereto, reports to regulatory authorities and shareholders, prospectuses, proxy statements, and such other documents as may be necessary or convenient to enable the Trust to make a continuous offering of its shares;
(c3) Prepareprepare, negotiate and administer contracts on behalf of each the Trust with, among others, each the Trust’s =s distributor, and custodian and transfer agent;
(d4) Supervise each supervise the Trust’s 's fund accounting agent in the maintenance of each the Trust's general ledger and in the preparation of each the Trust's financial statements, including oversight of expense accruals and payments and the determination of the net asset value of each the Trust's assets and of each the Trust’s 's shares, and of the declaration and payment of dividends and other distributions to shareholders;
(e5) Calculate calculate performance data of each the Trust for dissemination to information services covering the investment company industry;
(f6) Prepare prepare and file each the Trust's tax returns;
(g7) Examine examine and review the operations of each the Trust's custodian and transfer agent;
(h) Coordinate 8) coordinate the layout and printing of publicly disseminated prospectuses and reports;
(i9) Prepare prepare various shareholder reports;
(j10) Assist assist with the design, development and operation of new series portfolios of each the Trust;
(k11) Coordinate coordinate shareholder meetings;
(l12) Provide provide general compliance services; and
(m13) Advise each advise the Trust and its Trustees on matters concerning the Trust and its affairs. The foregoing, along with any additional services that EIS shall agree in writing to perform for each the Trust hereunder, shall hereafter be referred to as "Administrative Services." Administrative Services shall not include any duties, functions, or services to be performed for each the Trust by such the Trust’s 's investment adviser, distributor, custodian or transfer agent pursuant to their agreements with such the Trust.
Appears in 1 contract
Samples: Administrative Services Agreement (Evergreen Variable Trust /Oh)
Services and Duties. (a) BISYS agrees to perform the services enumerated below in accordance with the service standards set forth in Schedule B attached hereto and made a part hereof. As Administrator, and subject to the supervision and control of the Trustees Trust's Board of each TrustTrustees, EIS BISYS will hereafter provide facilities, equipment equipment, statistical and research data, clerical, accounting and bookkeeping services, internal compliance services relating to accounting and legal matters, and personnel to carry out the following all administrative services required for operation of the business and affairs of each Trust and each of its series:
the Funds, other than those investment advisory functions which are to be performed by the Trust's investment adviser (athe "Adviser") Prepare, file and maintain each Trust’s governing documents, including pursuant to the Declaration of Trust (which has previously been prepared and filed)Advisory Agreement, the By lawsservices of Emerald Asset Management, minutes of meetings of Trustees and shareholdersInc. ("EAM") as Distributor pursuant to the Distribution Agreement, and proxy statements for meetings of shareholders;
(b) Prepare and file with those services to be performed by the Securities and Exchange Commission and the appropriate state securities authorities the registration statements for each Trust and each Trust’s shares and all amendments thereto, reports to regulatory authorities and shareholders, prospectuses, proxy statements, and such other documents as may be necessary or convenient to enable the Trust to make a continuous offering of its shares;
(c) Prepare, negotiate and administer contracts on behalf of each Trust with, among others, each Trust’s distributor, and custodian and transfer agent;
(d) Supervise each Trust’s fund accounting agent in the maintenance of each Trust's general ledger and in the preparation of each Trust's financial statements, including oversight of expense accruals and payments and the determination of the net asset value of each Trust's assets and of each Trust’s shares, and of the declaration and payment of dividends and other distributions to shareholders;
(e) Calculate performance data of each Trust for dissemination to information services covering the investment company industry;
(f) Prepare and file each Trust's tax returns;
(g) Examine and review the operations of each Trust's custodian and transfer agent, those services to be provided by BISYS, EAM or others under the Plans, and those services normally performed by the Trust's counsel and auditors. BISYS's responsibilities include without limitation the following services (except to the extent the same are provided by BISYS, EAM or others under the Plans):
(1) Providing a facility to receive purchase and redemption orders via toll-free IN-XXXXX telephone lines;
(2) Providing for the preparing, supervising and mailing of confirmations for all purchase and redemption orders;
(3) Providing and supervising the operation of order-taking facilities, including an automated data processing system to process purchase and redemption orders received by EAM (BISYS assumes responsibility for the accuracy of the data transmitted for processing or storage);
(4) Overseeing the performance of The Bank of New York under the Custody Agreement and the performance of BISYS Fund Services, Inc. under the Transfer Agency Agreement with respect to shareholder accounts;
(5) Except to the extent the same is performed by a Service Organization under a Plan, making available information concerning each Fund to its shareholder accounts; distributing written communications to each Fund's shareholders of record such as periodic listings of each Fund's securities, annual and semi-annual reports, and Prospectuses and supplements thereto; and handling problems relating to shareholders and calls relating to administrative matters; and
(6) Providing and supervising the services of employees ("relationship coordinators") whose principal responsibility and function shall be to preserve and strengthen each Fund's relationships with its shareholders.
(b) BISYS shall assure that persons are available to transmit redemption requests to the Trust's transfer agent as promptly as practicable.
(c) BISYS shall assure that persons are available to transmit orders accepted for the purchase of Shares to the transfer agent of the Trust as promptly as practicable.
(d) BISYS shall participate in the periodic updating of the Prospectuses and shall accumulate information for and, subject to approval by the Trust's Treasurer and legal counsel, coordinate the preparation, filing, printing and dissemination of reports to the Funds' shareholders and the Commission, including but not limited to annual reports and semi-annual reports on Form N-SAR, notices pursuant to Rule 24f-2 and proxy materials.
(e) BISYS shall compute, or provide for the computation of, the per share net asset value and public offering price for each class of each Fund on each business day.
(f) BISYS shall calculate, or provide for the calculation of, dividends and capital gain distributions to be paid to the shareholders of each Fund in conformity with Subchapter M of the Internal Revenue Code.
(g) BISYS shall pay all costs and expenses of maintaining the offices of the Trust, wherever located, and shall arrange for payment by the Funds of all expenses payable by the Funds.
(h) Coordinate BISYS, after consultation with legal counsel for the layout Trust, shall determine the jurisdictions in which the Shares shall be registered or qualified for sale and, in connection therewith, shall be responsible for the maintenance of the registration or qualification of the Shares for sale under the securities laws of any state. Payment of share registration fees and printing any fees for qualifying or continuing the qualification of publicly disseminated prospectuses and reports;the Funds shall be made by the Funds.
(i) Prepare various shareholder reports;BISYS shall provide the services of certain persons who may be appointed as officers of the Trust by the Trust's Board of Trustees.
(j) Assist BISYS shall oversee the maintenance by The Bank of New York and BISYS Fund Services, Inc. of the books and records required under the 1940 Act in connection with the designperformance of the Custody Agreement and Transfer Agency Agreement, development and shall maintain, or provide for the maintenance of, such other books and records (other than those required to be maintained by the Adviser) as may be required by law or may be required for the proper operation of new series the business and affairs of each the Funds. In compliance with the requirements of Rule 31a-3 under the 1940 Act, BISYS agrees that all such books and records which it maintains, or is responsible for maintaining, for the Funds are the property of the Trust and further agrees to surrender promptly to the Trust any of such books and records upon the Trust;'s request. BISYS further agrees to preserve for the periods prescribed by Rule 31a-2 under the 1940 Act said books and records required to be maintained by Rule 31a-1 under said Act.
(k) Coordinate shareholder meetings;BISYS shall coordinate the preparation of the Funds' federal, state and local income tax returns.
(l) Provide general compliance services; BISYS shall prepare and, subject to approval of the Trust's Treasurer, disseminate to the Trust's Trustees the Trust's and each Fund's quarterly financial statements and schedules of investments, and shall prepare such other reports relating to the business and affairs of the Trust and each Fund (not otherwise appropriately prepared by the Adviser, EAM, the Trust's counsel or auditors, or by BISYS, EAM or others pursuant to a Plan) as the officers and Trustees of the Trust may from time to time reasonably request in connection with the performance of their duties.
(m) Advise each Trust In performing its duties as Administrator of the Trust, BISYS will act in conformity with the Trust's Declaration, Code of Regulations and its Prospectuses and with the instructions and directions of the Board of Trustees on matters concerning of the Trust and its affairs. The foregoing, along will conform to and comply with any additional services that EIS shall agree in writing to perform for each Trust hereunder, shall hereafter be referred to as "Administrative Servicesthe requirements of the 1940 Act and all other applicable federal or state laws and regulations." Administrative Services shall not include any duties, functions, or services to be performed for each Trust by such Trust’s investment adviser, distributor, custodian or transfer agent pursuant to their agreements with such Trust.
Appears in 1 contract
Services and Duties. As Administrator, and subject to the supervision and control of the Trustees of each the Trust, EIS will hereafter provide facilities, equipment and personnel to carry out the following administrative services for operation of the business and affairs of each the Trust and each of its seriesportfolios:
(a1) Prepareprepare, file and maintain each the Trust’s =s governing documents, including the Declaration of Trust (which has previously been prepared and filed), the By By-laws, minutes of meetings of Trustees and shareholders, and proxy statements for meetings of shareholders;
(b3) Prepare and file with the Securities and Exchange Commission and the appropriate state securities authorities the registration statements for each Trust and each Trust’s shares and all amendments thereto, reports to regulatory authorities and shareholders, prospectuses, proxy statements, and such other documents as may be necessary or convenient to enable the Trust to make a continuous offering of its shares;
(c) Prepareprepare, negotiate and administer contracts on behalf of each the Trust with, among others, each the Trust’s =s distributor, and custodian and transfer agent;
(d4) Supervise each supervise the Trust’s =s fund accounting agent in the maintenance of each the Trust's =s general ledger and in the preparation of each the Trust's =s financial statements, including oversight of expense accruals and payments and the determination of the net asset value of each the Trust's =s assets and of each the Trust’s =s shares, and of the declaration and payment of dividends and other distributions to shareholders;
(e5) Calculate calculate performance data of each the Trust for dissemination to information services covering the investment company industry;
(f6) Prepare prepare and file each the Trust's =s tax returns;
(g7) Examine examine and review the operations of each the Trust's =s custodian and transfer agent;
(h) Coordinate 8) coordinate the layout and printing of publicly disseminated prospectuses and reports;
(i9) Prepare prepare various shareholder reports;
(j10) Assist assist with the design, development and operation of new series portfolios of each the Trust;
(k11) Coordinate coordinate shareholder meetings;
(l12) Provide provide general compliance services; and
(m13) Advise each advise the Trust and its Trustees on matters concerning the Trust and its affairs. The foregoing, along with any additional services that EIS shall agree in writing to perform for each the Trust hereunder, shall hereafter be referred to as "Administrative Services." AAdministrative Services.@ Administrative Services shall not include any duties, functions, or services to be performed for each the Trust by such the Trust’s =s investment adviser, distributor, custodian or transfer agent pursuant to their agreements with such the Trust.
Appears in 1 contract
Samples: Administrative Services Agreement (Evergreen Money Market Trust)
Services and Duties. As Administrator, and subject to the supervision and control of the Trustees of each the Trust, EIS EAMC will hereafter provide facilities, equipment and personnel to carry out the following administrative services for operation of the business and affairs of each the Trust and each of its seriesportfolios:
(a) Prepareprepare, file and maintain each the Trust’s 's governing documents, including the Declaration of Trust (which has previously been prepared and filed), the By By- laws, minutes of meetings of Trustees and shareholders, and proxy statements for meetings of shareholders;
(b) Prepare prepare and file with the Securities and Exchange Commission and the appropriate state securities authorities the registration statements for each the Trust and each the Trust’s 's shares and all amendments thereto, reports to regulatory authorities and shareholders, prospectuses, proxy statements, and such other documents as may be necessary or convenient to enable the Trust to make a continuous offering of its shares;
(c) Prepareprepare, negotiate and administer contracts on behalf of each the Trust with, among others, each the Trust’s 's distributor, and custodian and transfer agent;
(d) Supervise each supervise the Trust’s 's fund accounting agent in the maintenance of each the Trust's general ledger and in the preparation of each the Trust's financial statements, including oversight of expense accruals and payments and the determination of the net asset value of each the Trust's assets and of each the Trust’s 's shares, and of the declaration and payment of dividends and other distributions to shareholders;
(e) Calculate calculate performance data of each the Trust for dissemination to information services covering the investment company industry;
(f) Prepare prepare and file each the Trust's tax returns;
(g) Examine examine and review the operations of each the Trust's custodian and transfer agent;
(h) Coordinate coordinate the layout and printing of publicly disseminated prospectuses and reports;
(i) Prepare prepare various shareholder reports;
(j) Assist assist with the design, development and operation of new series portfolios of each the Trust;
(k) Coordinate coordinate shareholder meetings;
(l) Provide provide general compliance services; and
(m) Advise each advise the Trust and its Trustees on matters concerning the Trust and its affairs. The foregoing, along with any additional services that EIS EAMC shall agree in writing to perform for each the Trust hereunder, shall hereafter be referred to as "Administrative Services." Administrative Services shall not include any duties, functions, or services to be performed for each the Trust by such the Trust’s 's investment adviser, distributor, custodian or transfer agent pursuant to their agreements with such the Trust.
Appears in 1 contract
Samples: Administrative Services Agreement (Evergreen Global Real Estate Equity Trust)
Services and Duties. As AdministratorThe Administrator shall:
A. Supervise all aspects of the Trust̓s operations, other than those operations which are to be managed by the Trust̓s Advisor pursuant to the Advisor Agreement between the Trust and the Advisor or by the Trust̓s Custodian pursuant to the Custodian Agreement between the Trust and the Custodian as such agreements are now in effect and as the same may hereafter be amended from time to time;
B. Act and operate the Trust in conformity with the Declaration, Bylaws, and subject to the supervision and control Information Statement of the Trustees of each Trust, EIS will hereafter provide facilities, equipment with the instructions and personnel to carry out the following administrative services for operation directions of the business Trustees, and affairs of each Trust all applicable federal and each of its series:
(a) Preparestate laws, file rules and maintain each Trust’s governing documentsregulations, including the Declaration of Trust (which has previously been prepared and filed)including, but not limited to, the By laws, minutes Investment Company Act of meetings of Trustees 1940 and shareholders, all rules and proxy statements for meetings of shareholdersregulations promulgated thereunder;
(b) C. Prepare and file with the Securities and Exchange Commission and the appropriate state securities authorities the registration statements for each Trust and each Trust’s shares and all amendments thereto, reports to regulatory authorities and shareholders, prospectuses, proxy statements, Information Statement and such other documents as may be necessary or convenient to enable used by the Trust to make a continuous offering of its sharesin connection with seeking and obtaining additional Participants;
(c) PrepareD. Furnish the Trust, negotiate at the sole expense of the Administrator, with the services of such persons competent to perform such administrative and administer contracts on behalf clerical functions as maybe necessary from time to time in order to provide effective administration of each the Trust with, among others, each Trust’s distributor, and custodian and transfer agent;
(d) Supervise each Trust’s fund accounting agent in maintain or provide for the maintenance of each such accounts, books and records as are required by the Declaration, Bylaws, the current Information Statement, and as requested by the Trustees of the Trust's general ledger and in ;
E. Provide necessary data for the preparation by the Trust of each Trust's financial statements, including oversight of expense accruals any and payments and the determination all required tax returns of the Trust;
F. Prepare monthly statements to the Trust̓s Participants;
G. Prepare periodic updates of the Information Statement;
H. Maintain accounts and records for the Trustees as required by the Declaration of Trust;
I. Determine the per-Unit net asset value of each Trust's assets Participant̓s account in the Trust as required by the Declaration of Trust and in accordance with generally accepted money market fund accounting standards, and provide reports as required by this Agreement;
J. Provide written confirmation of each investment and withdrawal of moneys as directed by a Participant, and of each Trust’s sharessale or purchase of a fixed term security;
K. Hold itself available, receive, and process, on behalf of the declaration Trust, applications and payment registrations from entities desiring to become Participants of dividends and other distributions to shareholdersthe Trust;
(e) Calculate performance data L. Service all Participant accounts in the Trust by, inter alia, answering inquiries during normal business hours from Participants concerning the status of each their respective accounts in the Trust for dissemination to information services covering and the Trust̓s investment company industryprogram;
(f) Prepare M. Advise the Trustees regarding the methods of seeking and file each obtaining additional Participants of the Trust's tax returns;
N. At least once each quarter, provide the Trustees with a detailed evaluation of the performance of the Trust based upon such factors as the Administrator shall deem appropriate in light of its knowledge and experience.
O. Provide and maintain the computerized recordkeeping system (gi.e., IPAS Software) Examine for use in facilitating Participant investments and review withdrawals into and out of the operations appropriate Participant account of the Trust.
P. Provide daily rate information for each portfolio and Fixed Term Automated investment alternatives for distribution to Participants.
Q. Prepare, provide and maintain all records of the Trust's custodian , including all meetings of the Trustees or the sponsoring associations, including agenda and transfer agent;minutes, in accordance with state and federal laws and policies of the Trust.
(h) Coordinate R. The Administrator will serve as the layout primary contact for Participant interaction with the Trust and printing will facilitate all investment transactions and related money movement services. The Administrator agrees to maintain a minimum of publicly disseminated prospectuses two program representatives available to assist Participants and reports;to maintain a multi-line, audio recorded 1-800 toll free telephone service for the exclusive use by Participants.
(i) Prepare various shareholder reports;1. The Administrator shall perform the following administrative services in its capacity as primary contact for Participants:
(j) a. Assist with the design, development and operation opening of new series Participant accounts including verification that each Participant is eligible to be a member of each Trust;
(k) Coordinate shareholder meetings;
(l) Provide general compliance services; and
(m) Advise each Trust and its Trustees on matters concerning the Trust and its affairsto participate in Trust programs and that required opening procedures have been followed.
b. Take telephonic, electronic, oral and/or written investment orders from authorized representatives of the Participants, including verification that each authorized representative is properly documented in accordance with Trust procedures. All telephonic investment instructions shall be audio recorded.
c. Enter all investment transactions for proper recordation and credit into the web-based participant recordkeeping system ("IPAS Software").
d. Receive and respond to all electronic, written or telephonic inquiries received by the Administrator on behalf of the Trust including quotation of investment rates, verification of account balances, audit verification responses, transaction history or other aspects relating to the Trust or the Participant's accounts.
e. Facilitate and process all movement of moneys between the Trust and the Participant's account at the Participant's local financial institution, or between the Trust and any Vendor Account, which is pre-authorized by the Participant pursuant to the terms of the Vendor Pay Program. Money movement methods shall include automated clearing house (ACH), Federal Reserve Bank Wire (wire), or check. Prior to making any disbursements into a Vendor Account, the Administrator shall assure that such disbursement has been authorized, in writing, by the Participant and Vendor. The foregoingcost of money movement shall be borne by the Administrator under the terms of this Agreement.
f. Utilizing standard banking and trust procedures, along assure that all moneys received from or on behalf of Participants are fully collected and available to the Trust prior to crediting such moneys to the Participant's account or investing such moneys in Trust investment securities.
g. Independently verify and reconcile daily with any additional services that EIS shall agree in writing the Advisor, by information provided through the IPAS System, all Participant transactions made, and provide notification to perform for each Trust hereunder, shall hereafter be referred to as "Administrative Services." Administrative Services shall not include any duties, functions, or services the Custodian of the total amount of funds to be performed for each deposited or withdrawn from the Custody account/s representing such Participant transactions. The Administrator shall have sole authority to direct the withdrawal of funds from the Custody Account/s, with the exception of the Trust having such authority by such Trust’s investment adviser, distributor, custodian or transfer agent giving written instruction to the Custodian pursuant to their agreements Section 3.2(d) of the Custodian Agreement.
h. Receive and verify on behalf of the Trust all withdrawal requests representing authorized payment of fees and expenses of the Trust, and direct such payment from the appropriate Trust custody account/s in accordance with such authorizations given by the Trust.
i. There shall be established by the Trust an internal control structure to assure compliance with the Declaration of Trust, the Agreements, Trust policies and procedures, and applicable laws and rules. In conjunction with the Trust appointed legal counsel and public accounting firm, provide support and assistance with audits and reviews as required by the Trust.
Appears in 1 contract
Samples: Administrator Agreement (Iowa Public Agency Investment Trust)
Services and Duties. As Administrator, and subject to the supervision and control of the Trustees of each the Trust, EIS will hereafter provide facilities, equipment and personnel to carry out the following administrative services for operation of the business and affairs of each the Trust and each of its seriesportfolios:
(a1) Prepareprepare, file and maintain each the Trust’s =s governing documents, including the Declaration of Trust (which has previously been prepared and filed), the By By-laws, minutes of meetings of Trustees and shareholders, and proxy statements for meetings of shareholders;
(b2) Prepare prepare and file with the Securities and Exchange Commission and the appropriate state securities authorities the registration statements for each the Trust and each the Trust’s =s shares and all amendments thereto, reports to regulatory authorities and shareholders, prospectuses, proxy statements, and such other documents as may be necessary or convenient to enable the Trust to make a continuous offering of its shares;; (1)
(c3) Prepareprepare, negotiate and administer contracts on behalf of each the Trust with, among others, each the Trust’s =s distributor, and custodian and transfer agent;
(d4) Supervise each supervise the Trust’s =s fund accounting agent in the maintenance of each the Trust's =s general ledger and in the preparation of each the Trust's =s financial statements, including oversight of expense accruals and payments and the determination of the net asset value of each the Trust's =s assets and of each the Trust’s =s shares, and of the declaration and payment of dividends and other distributions to shareholders;
(e5) Calculate calculate performance data of each the Trust for dissemination to information services covering the investment company industry;
(f6) Prepare prepare and file each the Trust's =s tax returns;
(g7) Examine examine and review the operations of each the Trust's =s custodian and transfer agent;
(h) Coordinate 8) coordinate the layout and printing of publicly disseminated prospectuses and reports;
(i9) Prepare prepare various shareholder reports;
(j10) Assist assist with the design, development and operation of new series portfolios of each the Trust;
(k11) Coordinate coordinate shareholder meetings;
(l12) Provide provide general compliance services; and
(m13) Advise each advise the Trust and its Trustees on matters concerning the Trust and its affairs. The foregoing, along with any additional services that EIS shall agree in writing to perform for each the Trust hereunder, shall hereafter be referred to as "Administrative Services." AAdministrative Services.@ Administrative Services shall not include any duties, functions, or services to be performed for each the Trust by such the Trust’s =s investment adviser, distributor, custodian or transfer agent pursuant to their agreements with such the Trust.
Appears in 1 contract
Samples: Administrative Services Agreement (Evergreen Select Money Market Trust)
Services and Duties. As Administrator, and subject to the supervision and control of the Trustees Trust's Board of each TrustTrustees, EIS the Administrator will hereafter provide facilities, equipment equipment, and personnel to carry out the following administrative services for operation of the business and affairs of each the Trust and each of its seriesFunds:
(a) Preparea. prepare, file file, and maintain each the Trust’s 's governing documents, including the Declaration of Trust (which has previously already been prepared and filed), the By lawsBylaws, minutes of meetings of Trustees and shareholders, and proxy statements for meetings of shareholders;
(b) Prepare b. prepare and file with the Securities and Exchange Commission and the appropriate state securities authorities the registration statements for each the Trust and each the Trust’s 's shares and all amendments thereto, the Trust's reports pursuant to Investment Company Act Rule 24f-2, reports to shareholders and regulatory authorities authorities, including form N-SAR, and shareholders, prospectuses, proxy statements, and such other documents as may be necessary or convenient to enable the Trust to make a continuous offering of its sharesshares and to conduct its affairs;
(c) Preparec. prepare, negotiate negotiate, and administer contracts on behalf of each the Trust with, among others, each the Trust’s distributor, and 's custodian and transfer agent;
(d) Supervise each d. supervise the Trust’s 's custodian and fund accounting agent personnel in the maintenance of each the Trust's general ledger and in the preparation of each the Trust's financial statements, including oversight of expense accruals and payments and the payments, determination of the net asset value of each the Trust's assets and of each the Trust’s 's shares, and of the declaration and payment payments of dividends and other distributions to shareholders;
(e) Calculate e. calculate performance data of each Trust the Funds for dissemination to information services covering the investment company industry;
(f) Prepare f. prepare and file each on a timely basis the Trust's Federal and State income and other tax returns;
(g) Examine g. examine and review the operations of each the Trust's custodian custodian, transfer agent and transfer agentinvestment adviser to promote compliance with applicable state and federal law;
(h) Coordinate h. coordinate the layout and printing of publicly disseminated prospectuses and reports;
(i) Prepare various shareholder reportsi. perform internal audit examinations in accordance with procedures to be adopted by the Administrator and the Trust;
(j) Assist j. assist with the design, development development, and operation of new series of each the Trust;
(k) Coordinate shareholder meetingsk. provide individuals reasonably acceptable to the Trust's Board of Trustees for nomination, appointment, or election as officers of the Trust, who will be responsible for the management of certain of the Trust's affairs as determined by the Trust's Board of Trustees;
(l) Provide general l. monitor the Trust's compliance services; andwith Section 817 and Sections 851 through 855 of the Internal Revenue Code of 1986, as amended, and the regulations promulgated thereunder, so as to enable the Trust to comply with the diversification requirements applicable to investments of variable contracts and to maintain its status as a "regulated investment company;"
(m) Advise each m. advise the Trust and its Board of Trustees on matters concerning the Trust and its affairs; and
n. provide the Trust with office space and personnel. The foregoing, along with any additional services that EIS the Administrator shall agree in writing to perform for each the Trust hereunder, shall hereafter be referred to as "Administrative Services." In compliance with the requirements of Rule 31a-3 under the Investment Company Act, the Administrator hereby agrees that all records that it maintains for the Trust are the property of the Trust and further agrees to surrender promptly to the Trust any of such records upon the Trust's request. The Administrator further agrees to preserve for the periods prescribed by Investment Company Act Rule 31a-2 the records required to be maintained by Investment Company Act Rule 31a-1. Administrative Services shall not include any duties, functions, or services to be performed for each the Trust by such the Trust’s 's investment adviser, distributorcustodian, custodian or transfer agent pursuant to their agreements with the Trust. The Administrator acknowledges the importance of efficient and prompt transmission of information to Nationwide Life and Annuity Insurance Company, the purchaser of Trust shares to fund the obligations of certain variable annuity contracts. The Administrator agrees to use its best efforts to meet the deadline for transmission of pricing information presently set by Nationwide Life and Annuity Insurance Company and such other time deadlines as may be established from time to time in the future. When performing Administrative Services to the Trust, the Administrator will comply with the provisions of the Declaration of Trust and Bylaws of the Trust, will safeguard and promote the welfare of the Trust, and will comply with the policies that the Trustees may from time to time reasonably determine, provided that such policies are not in conflict with this Agreement, the Trust's governing documents, or any applicable statutes or regulations.
Appears in 1 contract
Samples: Administrative Services Agreement (One Group Investment Trust)