Common use of Services and Duties Clause in Contracts

Services and Duties. As Administrator, and subject to the supervision and control of the Fund's Board of Trustees, FSCo will provide facilities, equipment, and personnel to carry out the following administrative services for operation of the business and affairs of the Fund and each of its portfolios: (a) prepare, file, and maintain the Fund's governing documents and any amendments thereto, including the Declaration of Trust (which has already been prepared and filed), the By-laws and minutes of meetings of Trustees and shareholders; (b) prepare and file with the Securities and Exchange Commission and the appropriate state securities authorities the registration statements for the Fund and the Fund's shares and all amendments thereto, reports to regulatory authorities and shareholders, prospectuses, proxy statements, and such other documents all as may be necessary to enable the Fund to make a continuous offering of its shares; (c) prepare, negotiate, and administer contracts on behalf of the Fund with, among others, the Fund's investment adviser, distributor, custodian, and transfer agent; (d) supervise the Fund's custodian in the maintenance of the Fund's general ledger and in the preparation of the Fund's financial statements, including oversight of expense accruals and payments, of the determination of the net asset value of the Fund and of the declaration and payment of dividends and other distributions to shareholders; (e) calculate performance data of the Fund for dissemination to information services covering the investment company industry; (f) prepare and file the Fund's tax returns; (g) examine and review the operations of the Fund's custodian and transfer agent; (h) coordinate the layout and printing of publicly disseminated prospectuses and reports; (i) perform internal audit examinations in accordance with a charter to be adopted by FSCo and the Fund; (j) assist with the design, development, and operation of the Fund; (k) provide individuals reasonably acceptable to the Fund's Board of Trustees for nomination, appointment, or election as officers of the Fund, who will be responsible for the management of certain of the Fund's affairs as determined by the Fund's Board of Trustees; and (l) consult with the Fund and its Board of Trustees on matters concerning the Fund and its affairs. The foregoing, along with any additional services that FSCo shall agree in writing to perform for the Fund hereunder, shall hereafter be referred to as "Administrative Services." Administrative Services shall not include any duties, functions, or services to be performed for the Fund by the Fund's investment adviser, distributor, custodian, or transfer agent pursuant to their respective agreements with the Fund.

Appears in 2 contracts

Samples: Administrative Services Agreement (WCT Funds), Administrative Services Agreement (WCT Funds)

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Services and Duties. As Administrator, and subject Subject to the supervision and control of ------------------- the FundCompany's Board of Trustees, FSCo will provide facilities, equipmentDirectors, and personnel as delineated on one or more Exhibit to carry out the Agreement, the Administrators agree to assist in supervising various aspects of each Fund's administrative operations, including the performance of the following administrative specific services for operation of the business and affairs of the Fund and each of its portfoliosFund: (a) prepare, file, and maintain the Fund's governing documents and any amendments thereto, including the Declaration of Trust Providing office facilities (which has already been prepared and filedmay be in the offices of any of the Administrators or a corporate affiliate of any of them, but shall be in such location as the Company shall reasonably approve), the By-laws and minutes of meetings of Trustees and shareholders; (b) prepare Furnishing statistical and file with the Securities and Exchange Commission and the appropriate state securities authorities the registration statements for the Fund and the Fund's shares and all amendments theretoresearch data, reports to regulatory authorities and shareholders, prospectuses, proxy statementsclerical services, and such other documents all as may be necessary to enable the Fund to make a continuous offering of its sharesstationery and office supplies; (c) prepare, negotiate, Keeping and administer contracts on behalf of maintaining all financial accounts and records (other than those required to be maintained by the Fund with, among others, the FundCompany's investment adviser, distributor, custodian, Custodian and transfer agentTransfer Agent); (d) supervise the Computing each Fund's custodian in the maintenance of the Fund's general ledger and in the preparation of the Fund's financial statements, including oversight of expense accruals and payments, of the determination of the net asset value value, net income and net capital gain (loss) in accordance with the Company's Prospectus and resolutions of the Fund and its Board of the declaration and payment of dividends and other distributions to shareholdersDirectors; (e) calculate performance Compiling data for and preparing for execution and filing with the SEC required reports and notices to shareholders of record and the Fund for dissemination SEC including, without limitation, Semi-Annual and Annual Reports to information services covering the investment company industryShareholders, Semi-Annual Reports on Form N-SAR and timely Rule 24f-2 Notices; (f) prepare Compiling data for, and file preparing for execution and filing all reports or other documents required by Federal, state and other applicable laws and regulations, including those required by applicable laws and regulations, including those required by applicable Federal and state tax laws (other than those required to be filed by the FundCompany's tax returnsCustodian or Transfer Agent); (g) examine Reviewing and review the operations providing advice with respect to all sales literature (advertisements, brochures and shareholder communications) for each of the Fund's custodian Funds and transfer agentany class or series thereof; (h) coordinate Assisting in developing and monitoring compliance procedures for each Fund and any class or series thereof, including, without limitation, procedures to monitor compliance with applicable law and regulations, each Fund's investment objectives, policies and restrictions, its continued qualification as a regulated investment company under the layout Internal Revenue Code of 1986, as amended, and printing of publicly disseminated prospectuses and reportsother tax matters; (i) perform internal audit examinations in accordance Monitoring the Company's arrangements with a charter respect to services provided by certain organizations ("Organizations") under its Amended and Restated Distribution Plan. With respect to Organizations, the Administrators shall specifically monitor and review the services rendered under the Amended and Restated Distribution Plan by Organizations to their customers who are the beneficial owners of shares, pursuant to agreements between the Company and such Organizations ("Agreements"), including, without limitation, reviewing the qualifications of financial institutions wishing to be adopted Organizations, assisting in the execution and delivery of Agreements, reporting to the Company's Board of Directors with respect to the amounts paid or payable by FSCo the Company from time to time under the Agreements and the Fundnature of the services provided by Organizations, and maintaining appropriate records in connection with such duties; (j) assist Monitoring the Company's arrangements with respect to services provided by certain organizations ("Service Organizations") under its Amended and Restated Administrative Services Plan, provided that each Administrator will only be responsible for monitoring arrangements with Service Organizations with whom the designAdministrator has established the servicing relationship on behalf of the Company. With respect to such Service Organizations, developmentthe Administrators shall specifically monitor and review the services rendered by Service Organizations to their customers who are the beneficial owners of shares, pursuant to agreements between the Company and such Service Organizations ("Servicing Agreements"), including, without limitation, reviewing the qualifications of financial institutions wishing to be Service Organizations, assisting in the execution and delivery of Servicing Agreements, reporting to the Company's Board of Directors with respect to the amounts paid or payable by the Company from time to time under the Servicing Agreements and the nature of the services provided by Service Organizations, and operation of the Fundmaintaining appropriate records in connection with such duties; (k) provide individuals reasonably acceptable to Determining, together with the FundCompany's Board of Trustees Directors, the jurisdictions in which the Company's shares shall be registered or qualified for nominationsale and, appointmentin connection therewith, maintaining the registration or election qualification of shares for sale under the securities laws of any state. Payment of share registration fees and any fees for qualifying or continuing the qualification of any Fund as officers a dealer or broker, if applicable, shall be made by that Fund; (l) Assisting to the extent requested by the Company and its outside counsel with the preparation of the Fund, who will be responsible for the management of certain of the FundCompany's affairs as determined by the Fund's Board of TrusteesRegistration Statement on Form N- 1A or any replacement therefor; and (lm) Assisting in the monitoring of regulatory and legislative developments which may affect the Company and, in response to such developments, counseling and assisting the Company in routine regulatory examinations or investigations of the Company, and working with outside counsel to the Company in connection with regulatory matters or litigation. In performing their duties as co-administrators of the Company, the Administrators (a) will act in accordance with the Company's Charter, Bylaws, Prospectus and the instructions and directions of the Company's Board of Directors and will conform to, and comply with, the requirements of the 1940 Act and all other applicable Federal or state laws and regulations, and (b) will consult with outside legal counsel to the Fund and its Board of Trustees on matters concerning the Fund and its affairsCompany, as necessary or appropriate. The foregoing, along with any additional services that FSCo shall agree in writing to perform Administrators will preserve for the Fund hereunder, shall hereafter periods prescribed by Rule 31a-2 under the 1940 Act the records required to be referred to as "Administrative Services." Administrative Services shall not include any duties, functions, or maintained by Rule 31a-1 under said Act in connection with the services required to be performed hereunder. The Administrators further agree that all such records which they maintain for the Fund by Company are the Fundproperty of the Company and further agree to surrender promptly to the Company any of such records upon the Company's investment adviser, distributor, custodian, or transfer agent pursuant to their respective agreements with the Fundrequest.

Appears in 2 contracts

Samples: Administration Agreement (Excelsior Funds Inc), Administration Agreement (Excelsior Funds Inc)

Services and Duties. As Administrator, and subject to the supervision and control of the Fund's ’s Board of Trustees (“Trustees”), FSCo BMO will provide facilities, equipment, and personnel to carry out the following administrative services for operation of the business and affairs of the Fund and each of its portfolios: (a) prepare, file, and maintain the Fund's ’s governing documents and any amendments theretodocuments, including the Declaration Certificate of Trust (which has already been prepared and filed), the Agreement and Declaration of Trust, By-laws and 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 (“SEC”) and the appropriate state securities authorities the registration statements statement for the Fund and the Fund'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 Fund to make a continuous offering of its shares; (c) prepare, negotiate, and administer contracts on behalf of the Fund with, among others, the Fund's investment adviser, distributor, custodian, and transfer agent; (d) supervise the Fund's ’s custodian and fund accountant in the maintenance of the Fund's ’s general ledger and in the preparation of the Fund's ’s financial statements, including oversight of expense accruals and payments, of the determination of the net asset value of the Fund Fund’s assets and of the Fund’s shares, and of the declaration and payment of dividends and other distributions to shareholders; (e) calculate performance data of the Fund for dissemination to information services covering the investment company industry; (f) prepare and file on a timely basis the Fund's ’s Federal and State income tax returns (if applicable) and other tax returns; (g) examine and review the operations of the Fund's ’s custodian and transfer agent; (h) coordinate the layout and printing of publicly disseminated prospectuses and reports; (i) perform internal audit examinations in accordance with a charter to be adopted by FSCo and the Fund; (j) assist with the design, development, and operation of the Fund; (kj) provide individuals reasonably acceptable to the Fund's Board of ’s Trustees for nomination, appointment, or election as officers of the Fund, who will be responsible for the management of certain of the Fund's ’s affairs as determined by the Fund's Board ’s Trustees; (k) monitor the Fund’s compliance with Section 851 through 855 of Trustees; the Internal Revenue Code so as to enable the Fund to maintain its status as a “regulated investment company;” and (l) consult with advise the Fund and its Board of Trustees on matters concerning the Fund and its affairs. BMO acknowledges the importance of efficient and prompt transmission of information to the Fund’s transfer agent. BMO agrees to use its best efforts to meet the deadline for transmission of pricing information presently set by the Fund’s transfer agent and such future deadlines as may be reasonably established by the Fund’s transfer agent. The foregoing, along with any additional services that FSCo BMO shall agree in writing to perform for the Fund hereunder, shall hereafter be referred to as "Administrative Services." ” In compliance with Rule 31a-3 under the 1940 Act, BMO hereby agrees that all records that it maintains for the Fund are the property of the Fund and further agrees to surrender promptly to the Fund any such records upon the Fund’s request. BMO further agrees to preserve any records it maintains for the period prescribed by the 1940 Act and rules promulgated thereunder. Administrative Services shall not include any duties, functions, or services to be performed for the Fund by the Fund's ’s investment adviser, distributor, custodian, or transfer agent pursuant to their respective agreements with the Fund.

Appears in 2 contracts

Samples: Administrative Services Agreement (BMO LGM Frontier Markets Equity Fund), Administrative Services Agreement (BMO Lloyd George Frontier Markets Equity Fund)

Services and Duties. As Administrator, and subject to the supervision and control of the FundTrust's Board of Trustees, FSCo the Administrator will provide facilities, equipment, and personnel to carry out the following administrative and fund accounting services for operation of the business and affairs of the Fund Trust and each of its portfoliosthe Funds covered by this Agreement: (a) a. prepare, file, and maintain the FundTrust's governing documents and any amendments theretodocuments, including the Declaration of Trust (which has already been prepared and filed)Trust, the By-laws and Bylaws, minutes of meetings of Trustees and shareholders, and proxy statements for meetings of shareholders; (b) b. prepare and file on a timely basis with the Securities and Exchange Commission and the appropriate state securities authorities the registration statements for the Fund Trust, relating to the Funds and the Fund's shares 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 all as may be necessary or convenient to enable the Fund Trust to make a continuous offering of the Fund's shares and to conduct its sharesaffairs; (c) c. prepare, negotiate, and administer contracts on behalf of the Fund Funds with, among others, the FundTrust's investment adviser, distributor, custodian, custodian and transfer agent; (d) d. supervise the FundTrust's custodian in the maintenance of the Fund's general ledger and in the preparation of the Fund's financial statements, including oversight of expense accruals and payments, of the determination of the net asset value of the Fund and of the declaration and payment of dividends and other distributions to shareholders;custodian; 2 (e) e. calculate performance data of the Fund for dissemination to information services covering the investment company industryFunds; (f) f. prepare and file on a timely basis the Fund's Federal and State income and other tax returnsreturns for the Funds; (g) g. examine and review the operations of the FundTrust's custodian custodian, transfer agent and transfer agentinvestment adviser and the Funds' subadvisers, if any, to promote compliance with applicable state and federal law; (h) h. coordinate the layout and printing of publicly disseminated prospectuses and reports; (i) i. perform internal audit examinations in accordance with a charter procedures to be adopted by FSCo the Administrator and the FundTrust; (j) j. assist with the design, development, and operation of the FundFunds; (k) k. provide individuals reasonably acceptable to the FundTrust's Board of Trustees for nomination, appointment, or election as officers of the FundTrust, who will be responsible for the management of certain of the FundTrust's affairs as determined by the FundTrust's Board of Trustees; and; (l) consult l. monitor the 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 Trust and each Fund to comply with the Fund diversification requirements applicable to investments of variable contracts and for each to maintain its status as a "regulated investment company;" 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 each Fund with fund accounting services, including but not limited to the following services: 1) keeping and its affairs. The foregoing, along with any additional services that FSCo shall agree in writing to perform for maintaining the Fund hereunder, shall hereafter be referred to as "Administrative Services." Administrative Services shall not include any duties, functions, or services to be performed for following books and records of the Fund by Trust and each of the Fund's investment adviser, distributor, custodian, or transfer agent Funds pursuant to their respective agreements with Rule 31a-1 under the Fund.Investment Company Act, including: 2 3 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);

Appears in 1 contract

Samples: Fund Administration Agreement (Nationwide Investing Foundation Iii)

Services and Duties. As Administrator, and subject to the supervision and control of the FundTrust's Board of Trustees, FSCo the Administrator will provide facilities, equipment, and personnel to carry out the following administrative and fund accounting services for operation of the business and affairs of the Fund Trust and each of its portfoliosthe Funds covered by this Agreement: (a) a. prepare, file, and maintain the FundTrust's governing documents and any amendments theretodocuments, including the Declaration of Trust (which has already been prepared and filed)Trust, the By-laws and Bylaws, minutes of meetings of Trustees and shareholders, and proxy statements for meetings of shareholders; (b) b. prepare and file on a timely basis with the Securities and Exchange Commission and the appropriate state securities authorities the registration statements for the Fund Trust, relating to the Funds and the Fund's shares 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 all as may be necessary or convenient to enable the Fund Trust to make a continuous offering of the Fund's shares and to conduct its sharesaffairs; (c) c. prepare, negotiate, and administer contracts on behalf of the Fund Funds with, among others, the FundTrust's investment adviser, distributor, custodian, custodian and transfer agent; (d) d. supervise the FundTrust's custodian in the maintenance of the Fund's general ledger and in the preparation of the Fund's financial statements, including oversight of expense accruals and payments, of the determination of the net asset value of the Fund and of the declaration and payment of dividends and other distributions to shareholders;custodian; 2 (e) e. calculate performance data of the Fund for dissemination to information services covering the investment company industryFunds; (f) f. prepare and file on a timely basis the Fund's Federal and State income and other tax returnsreturns for the Funds; (g) g. examine and review the operations of the FundTrust's custodian custodian, transfer agent and transfer agentinvestment adviser and the Funds' subadvisers, if any, to promote compliance with applicable state and federal law; (h) h. coordinate the layout and printing of publicly disseminated prospectuses and reports; (i) i. perform internal audit examinations in accordance with a charter procedures to be adopted by FSCo the Administrator and the FundTrust; (j) j. assist with the design, development, and operation of the FundFunds; (k) k. provide individuals reasonably acceptable to the FundTrust's Board of Trustees for nomination, appointment, or election as officers of the FundTrust, who will be responsible for the management of certain of the FundTrust's affairs as determined by the FundTrust's Board of Trustees; and; (l) consult l. monitor the 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 Trust and each Fund to comply with the Fund diversification requirements applicable to investments of variable contracts and for each to maintain its status as a "regulated investment company;" 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 each Fund with fund accounting services, including but not limited to the following services: 1) keeping and its affairsmaintaining 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); 3 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 h) 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 FSCo the Administrator shall agree in writing to perform for the Fund 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 4 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 the Fund Trust by the FundTrust's investment adviser, distributor, custodian, or transfer agent pursuant to their respective agreements with the FundTrust. 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 1 contract

Samples: Fund Administration Agreement (Nationwide Investing Foundation Iii)

Services and Duties. As Administrator, and subject to the supervision and control of the Fund's Board of Trustees, FSCo Trustees FAS will provide facilities, equipment, and personnel to carry out the following administrative services for operation of the business and affairs of the Fund and each of its portfolios: : (a) prepare, file, and maintain the Fund's governing documents and any amendments thereto, including the Declaration of Trust (which has already been prepared and filed), the By-By- laws and minutes of meetings of Trustees and shareholders; ; (b) prepare and file with the Securities and Exchange Commission and the appropriate state securities authorities the registration statements for the Fund and the Fund's shares and all amendments thereto, reports to regulatory authorities and shareholders, prospectuses, proxy statements, and such other documents all as may be necessary to enable the Fund to make a continuous offering of its shares; ; (c) prepare, negotiate, and administer contracts on behalf of the Fund with, among others, the Fund's investment adviser, distributor, custodian, and transfer agent; ; (d) supervise the Fund's custodian in the maintenance of the Fund's general ledger and in the preparation of the Fund's financial statements, including oversight of expense accruals and payments, of the determination of the net asset value of the Fund and of the declaration and payment of dividends and other distributions to shareholders; ; (e) calculate performance data of the Fund for dissemination to information services covering the investment company industry; ; (f) prepare and file the Fund's tax returns; ; (g) examine and review the operations of the Fund's custodian and transfer agent; ; (h) coordinate the layout and printing of publicly disseminated prospectuses and reports; ; (i) perform internal audit examinations in accordance with a charter to be adopted by FSCo FAS and the Fund; ; (j) assist with the design, development, and operation of the Fund; ; (k) provide individuals reasonably acceptable to the Fund's Board of Trustees for nomination, appointment, or election as officers of the Fund, who will be responsible for the management of certain of the Fund's affairs as determined by the Fund's Board of Trustees; and and (l) consult with the Fund and its Board of Trustees on matters concerning the Fund and its affairs. The foregoing, along with any additional services that FSCo FAS shall agree in writing to perform for the Fund hereunder, shall hereafter be referred to as "Administrative Services." Administrative Services shall not include any duties, functions, or services to be performed for the Fund by the Fund's investment adviser, distributor, custodian, or transfer agent pursuant to their respective agreements with the Fund.

Appears in 1 contract

Samples: Administrative Services Agreement (Fti Funds)

Services and Duties. As Administrator, and subject to the supervision and control of the Fund's Board of TrusteesDirectors FAS, FSCo or its delegatee, will provide facilities, equipment, equipment and personnel to carry out the following administrative services for operation of the business and affairs of the Fund and each of its portfolios: (a) in conjunction with counsel for the Fund, prepare, file, file and maintain the Fund's governing documents and any amendments thereto, including the Declaration Articles of Trust Incorporation (which has already been prepared and filed), the By-laws and minutes of meetings of Trustees Directors and shareholders; (b) in conjunction with counsel for the Fund, prepare and file with the Securities and Exchange Commission and the appropriate state securities authorities the registration statements for the Fund and the Fund's shares and all amendments thereto, reports to regulatory authorities and shareholders, prospectuses, proxy statements, and such other documents all as may be necessary to enable the Fund to make a continuous offering of its shares; (c) in conjunction with counsel for the Fund, prepare, negotiate, and administer contracts on behalf of the Fund with, and coordinate the activities of, among others, the Fund's investment adviser, distributor, custodian, portfolio accountant, transfer agent and transfer agentindependent accountants; (d) supervise the Fund's custodian portfolio accountant in the maintenance of the Fund's general ledger and in the preparation of the Fund's financial statements, including oversight periodic (i) review and evaluation of expense accruals accruals; (ii) review, evaluation and authorization of expenses payments, ; (iii) projection of future expenses; and (iv) periodic review of the determination of the net asset value of the Fund and of the declaration and payment payments of dividends and other distributions to shareholders;; C/M 11316.0001 427735.1 (e) calculate performance data of the Fund for dissemination to information services covering the investment company industry; (f) prepare and file the Fund's tax returns; (g) examine and review the operations of the Fund's custodian and transfer agent; (h) coordinate the layout and printing of publicly disseminated prospectuses and reports; (i) perform internal audit examinations in accordance with a charter to be adopted by FSCo FAS and the Fund; (j) assist with the design, development, and operation of the Fund; (k) provide individuals reasonably acceptable to the Fund's Board of Trustees Directors for nomination, appointment, or election as officers of the Fund, who will be responsible for the management of certain of the Fund's affairs as determined by the Fund's Board of Trustees; andDirectors; (l) consult with the Fund and its Board of Trustees Directors on matters concerning the Fund and its affairs; and (m) make periodic reports to the Fund's Board of Directors in the performance of its obligations under this Agreement. The foregoing, along with any additional services that FSCo FAS shall agree in writing to perform for the Fund hereunder, shall hereafter be referred to as "Administrative Services." Administrative Services shall not include any duties, functions, or services to be performed for the Fund by the Fund's investment adviser, distributor, custodian, or portfolio accountant, transfer agent or independent accountants pursuant to their respective agreements with the Fund.

Appears in 1 contract

Samples: Administrative Services Agreement (Old Westbury Funds Inc)

Services and Duties. As Administrator, and subject to the supervision and control of the Fund's Board of TrusteesDirectors FAS, FSCo or its delegatee, will provide facilities, equipment, equipment and personnel to carry out the following administrative services for operation of the business and affairs of the Fund and each of its portfolios: (a) in conjunction with counsel for the Fund, prepare, file, file and maintain the Fund's governing documents and any amendments thereto, including the Declaration Articles of Trust Incorporation (which has already been prepared and filed), the By-laws and minutes of meetings of Trustees Directors and shareholders; (b) in conjunction with counsel for the Fund, prepare and file with the Securities and Exchange Commission and the appropriate state securities authorities the registration statements for the Fund and the Fund's shares and all amendments thereto, reports to regulatory authorities and shareholders, prospectuses, proxy statements, and such other documents all as may be necessary to enable the Fund to make a continuous offering of its shares; (c) in conjunction with counsel for the Fund, prepare, negotiate, and administer contracts on behalf of the Fund with, and coordinate the activities of, among others, the Fund's investment adviser, distributor, custodian, portfolio accountant, transfer agent and transfer agentindependent accountants; (d) supervise the Fund's custodian portfolio accountant in the maintenance of the Fund's general ledger and in the preparation of the Fund's financial statements, including oversight periodic (i) review and evaluation of expense accruals accruals; (ii) review, evaluation and authorization of expenses payments, ; (iii) projection of future expenses; and (iv) periodic review of the determination of the net asset value of the Fund and of the declaration and payment payments of dividends and other distributions to shareholders; (e) calculate performance data of the Fund for dissemination to information services covering the investment company industry; (f) prepare and file the Fund's tax returns; (g) examine and review the operations of the Fund's custodian and transfer agent; (h) coordinate the layout and printing of publicly disseminated prospectuses and reports; (i) perform internal audit examinations in accordance with a charter to be adopted by FSCo FAS and the Fund; (j) assist with the design, development, and operation of the Fund; (k) provide individuals reasonably acceptable to the Fund's Board of Trustees Directors for nomination, appointment, or election as officers of the Fund, who will be responsible for the management of certain of the Fund's affairs as determined by the Fund's Board of Trustees; andDirectors; (l) consult with the Fund and its Board of Trustees Directors on matters concerning the Fund and its affairs. The foregoing, along with any additional services that FSCo shall agree in writing ; and (m) make periodic reports to perform for the Fund hereunder, shall hereafter be referred to as "Administrative Services." Administrative Services shall not include any duties, functions, or services to be performed for the Fund by the Fund's investment adviser, distributor, custodian, or transfer agent pursuant to their respective agreements with Board of Directors in the Fundperformance of its obligations under this Agreement.

Appears in 1 contract

Samples: Administrative Services Agreement (Old Westbury Funds Inc)

Services and Duties. As Administrator, and subject to the supervision and control of the Fund's Board of Trustees, FSCo FSC will provide facilities, equipment, and personnel to carry out the following administrative services for operation of the business and affairs of the Fund and each of its portfolios: (a) prepare, file, and maintain the Fund's governing documents and any amendments thereto, including the Declaration of Trust (which has already been prepared and filed), the By-laws and minutes of meetings of Trustees and shareholders; (b) prepare and file with the Securities and Exchange Commission and the appropriate state securities authorities the registration statements for the Fund and the Fund's shares and all amendments thereto, reports to regulatory authorities and shareholders, prospectuses, proxy statements, and such other documents all as may be necessary to enable the Fund to make a continuous offering of its shares; (c) prepare, negotiate, and administer contracts on behalf of the Fund with, among others, the Fund's investment adviser, distributor, custodian, and transfer agent; (d) supervise the Fund's custodian in the maintenance of the Fund's general ledger and in the preparation of the Fund's financial statements, including oversight of expense accruals and payments, of the determination of the net asset value of the Fund and of the declaration and payment of dividends and other distributions to shareholders; (e) calculate performance data of the Fund for dissemination to information services covering the investment company industry; (f) prepare and file the Fund's tax returns; (g) examine and review the operations of the Fund's custodian and transfer agent; (h) coordinate the layout and printing of publicly disseminated prospectuses and reports; (i) perform internal audit examinations in accordance with a charter to be adopted by FSCo FSC and the Fund; (j) assist with the design, development, and operation of the Fund; (k) provide individuals reasonably acceptable to the Fund's Board of Trustees for nomination, appointment, or election as officers of the Fund, who will be responsible for the management of certain of the Fund's affairs as determined by the Fund's Board of Trustees; and (l) consult with the Fund and its Board of Trustees on matters concerning the Fund and its affairs. The foregoing, along with any additional services that FSCo FSC shall agree in writing to perform for the Fund hereunder, shall hereafter be referred to as "Administrative Services." Administrative Services shall not include any duties, functions, or services to be performed for the Fund by the Fund's investment adviser, distributor, custodian, or transfer agent pursuant to their respective agreements with the Fund.

Appears in 1 contract

Samples: Administrative Services Agreement (WCT Funds)

Services and Duties. As Administrator, and subject to the supervision and control of the FundTrust's Board of Trustees, FSCo the Administrator will provide facilities, equipment, and personnel to carry out the following administrative and fund accounting services for operation of the business and affairs of the Fund Trust and each of its portfoliosthe Funds covered by this Agreement: (a) a. prepare, file, and maintain the FundTrust's governing documents and any amendments theretodocuments, including the Declaration of Trust (which has already been prepared and filed)Trust, the By-laws and Bylaws, minutes of meetings of Trustees and shareholders, and proxy statements for meetings of shareholders; (b) b. prepare and file on a timely basis with the Securities and Exchange Commission and the appropriate state securities authorities the registration statements for the Fund Trust, relating to the Funds and the Fund's shares 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 all as may be necessary or convenient to enable the Fund Trust to make a continuous offering of the Fund's shares and to conduct its sharesaffairs; (c) c. prepare, negotiate, and administer contracts on behalf of the Fund Funds with, among others, the FundTrust's investment adviser, distributor, custodian, custodian and transfer agent; (d) d. supervise the FundTrust's custodian in the maintenance of the Fund's general ledger and in the preparation of the Fund's financial statements, including oversight of expense accruals and payments, of the determination of the net asset value of the Fund and of the declaration and payment of dividends and other distributions to shareholderscustodian; (e) e. calculate performance data of the Fund for dissemination to information services covering the investment company industryFunds; (f) f. prepare and file on a timely basis the Fund's Federal and State income and other tax returnsreturns for the Funds; (g) g. examine and review the operations of the FundTrust's custodian custodian, transfer agent and transfer agentinvestment adviser and the Funds' subadvisers, if any, to promote compliance with applicable state and federal law; (h) h. coordinate the layout and printing of publicly disseminated prospectuses and reports; (i) i. perform internal audit examinations in accordance with a charter procedures to be adopted by FSCo the Administrator and the FundTrust; (j) j. assist with the design, development, and operation of the FundFunds; (k) k. provide individuals reasonably acceptable to the FundTrust's Board of Trustees for nomination, appointment, or election as officers of the FundTrust, who will be responsible for the management of certain of the FundTrust's affairs as determined by the FundTrust's Board of Trustees; and; (l) consult l. monitor the 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 Trust and each Fund to comply with the Fund diversification requirements applicable to investments of variable contracts and for each to maintain its status as a "regulated investment company;" 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 each Fund with fund accounting services, including but not limited to the following services: 1) keeping and its affairsmaintaining 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 fund; 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 FSCo the Administrator shall agree in writing to perform for the Fund 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 -- 288 -- 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 the Fund Trust by the FundTrust's investment adviser, distributor, custodian, or transfer agent pursuant to their respective agreements with the FundTrust. 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 1 contract

Samples: Fund Administration Agreement (Gartmore Variable Insurance Trust)

Services and Duties. As Administrator, and subject to the supervision and control of the Fund's Board of Trustees, FSCo Trustees FAS will provide facilities, equipment, and personnel to carry out the following administrative services for operation of the business and affairs of the Fund and each of its portfolios: : (a) prepare, file, and maintain the Fund's governing documents and any amendments thereto, including the Declaration of Trust (which has already been prepared and filed), the By-By- laws and minutes of meetings of Trustees and shareholders; ; (b) prepare and file with the Securities and Exchange Commission ("SEC") and the appropriate state securities authorities the registration statements for the Fund and the Fund's shares and all amendments thereto, reports to regulatory authorities and shareholders, prospectuses, proxy statements, and such other documents all as may be necessary to enable the Fund to make a continuous offering of its shares; ; (c) prepare, negotiate, and administer contracts on behalf of the Fund with, among others, the Fund's investment adviser, distributor, custodian, and transfer agent; ; (d) supervise the Fund's custodian Fund Accountant in the maintenance of the Fund's general ledger and in the preparation of the Fund's financial statements, including oversight of expense accruals and payments, of the determination of the net asset value of the Fund and of the declaration and payment of dividends and other distributions to shareholders; ; (e) calculate performance data of the Fund for dissemination to information services covering the investment company industry; ; (f) prepare and file the Fund's tax returns; ; (g) examine and review the operations of the Fund's custodian and transfer agent; ; (h) coordinate the layout and printing of publicly disseminated prospectuses and reports; ; (i) perform internal audit examinations in accordance with a charter to be adopted by FSCo FAS and the Fund; ; (j) assist with the design, development, and operation of the Fund; ; (k) provide individuals reasonably acceptable to the Fund's Board of Trustees for nomination, appointment, or election as officers of the Fund, who will be responsible for the management of certain of the Fund's affairs as determined by the Fund's Board of Trustees; and and (l) consult with the Fund and its Board of Trustees on matters concerning the Fund and its affairs. The foregoing, along with any additional services that FSCo FAS shall agree in writing to perform for the Fund hereunder, shall hereafter be referred to as "Administrative Services." Administrative Services shall not include any duties, functions, or services to be performed for the Fund by the Fund's investment adviser, distributor, custodian, or transfer agent pursuant to their respective agreements with the Fund.

Appears in 1 contract

Samples: Administrative Services Agreement (Marketvest Funds)

Services and Duties. As Administrator, and subject to the supervision and control of the Fund's Board of Trustees, FSCo Directors FAS will provide facilities, equipment, and personnel to carry out the following administrative services for operation of the business and affairs of the Fund and each of its portfolios: : (a) prepare, file, and maintain the Fund's governing documents and any amendments thereto, including the Declaration Articles of Trust Incorporation (which has already been prepared and filed), the By-laws and minutes of meetings of Trustees Directors and shareholders; ; (b) prepare and file with the Securities and Exchange Commission ("SEC") and the appropriate state securities authorities the registration statements for the Fund and the Fund's shares and all amendments thereto, reports to regulatory authorities and shareholders, prospectuses, proxy statements, and such other documents all as may be necessary to enable the Fund to make a continuous offering of its shares; ; (c) prepare, negotiate, and administer contracts on behalf of the Fund with, among others, the Fund's investment adviser, distributor, custodian, and transfer agent; ; (d) supervise the Fund's custodian Fund Accountant in the maintenance of the Fund's general ledger and in the preparation of the Fund's financial statements, including oversight of expense accruals and payments, of the determination of the net asset value of the Fund and of the declaration and payment of dividends and other distributions to shareholders; ; (e) calculate performance data of the Fund for dissemination to information services covering the investment company industry; ; (f) prepare and file the Fund's tax returns; ; (g) examine and review the operations of the Fund's custodian and transfer agent; ; (h) coordinate the layout and printing of publicly disseminated prospectuses and reports; ; (i) perform internal audit examinations in accordance with a charter to be adopted by FSCo FAS and the Fund; ; (j) assist with the design, development, and operation of the Fund; ; (k) provide individuals reasonably acceptable to the Fund's Board of Trustees Directors for nomination, appointment, or election as officers of the Fund, who will be responsible for the management of certain of the Fund's affairs as determined by the Fund's Board of TrusteesDirectors; and and (l) consult with the Fund and its Board of Trustees Directors on matters concerning the Fund and its affairs. The foregoing, along with any additional services that FSCo FAS shall agree in writing to perform for the Fund hereunder, shall hereafter be referred to as "Administrative Services." Administrative Services shall not include any duties, functions, or services to be performed for the Fund by the Fund's investment adviser, distributor, custodian, or transfer agent pursuant to their respective agreements with the Fund.

Appears in 1 contract

Samples: Administrative Services Agreement (Marketvest Funds Inc)

Services and Duties. As Administrator, and subject to the supervision and control of the Fund's Board of TrusteesDirectors ("Directors"), FSCo M&I will provide facilities, equipment, and personnel to carry out the following administrative services for operation of the business and affairs of the Fund and each of its portfolios: (a) prepare, file, and maintain the Fund's governing documents and any amendments theretodocuments, including the Declaration Articles of Trust Incorporation (which has already been prepared and filed), the By-laws and laws, minutes of meetings of Trustees Directors 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 statement for the Fund and the Fund'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 Fund to make a continuous offering of its shares; (c) prepare, negotiate, and administer contracts on behalf of the Fund with, among others, the Fund's investment adviser, distributor, custodian, and transfer agent; (d) supervise the Fund's custodian and fund accountant in the maintenance of the Fund's general ledger and in the preparation of the Fund's financial statements, including oversight of expense accruals and payments, of the determination of the net asset value of the Fund Fund's assets and of the Fund's shares, and of the declaration and payment of dividends and other distributions to shareholders; (e) calculate performance data of the Fund for dissemination to information services covering the investment company industry; (f) prepare and file on a timely basis the Fund's Federal and State income tax returns (if applicable) and other tax returns; (g) examine and review the operations of the Fund's custodian and transfer agent; (h) coordinate the layout and printing of publicly disseminated prospectuses and reports; (i) perform internal audit examinations in accordance with a charter to be adopted by FSCo and the Fund; (j) assist with the design, development, and operation of the Fund; (kj) provide individuals reasonably acceptable to the Fund's Board of Trustees Directors for nomination, appointment, or election as officers of the Fund, who will be responsible for the management of certain of the Fund's affairs as determined by the Fund's Board Directors; (k) monitor the Fund's compliance with Section 851 through 855 of Trustees; the Internal Revenue Code so as to enable the Fund to maintain its status as a "regulated investment company;" and (l) consult with advise the Fund and its Board of Trustees Directors on matters concerning the Fund and its affairs. M&I acknowledges the importance of efficient and prompt transmission of information to the Fund's transfer agent. M&I agrees to use its best efforts to meet the deadline for transmission of pricing information presently set by the Fund's transfer agent and such future deadlines as may be reasonably established by the Fund's transfer agent. The foregoing, along with any additional services that FSCo M&I shall agree in writing to perform for the Fund hereunder, shall hereafter be referred to as "Administrative Services." In compliance with Rule 31a-3 under the Investment Company Act, M&I hereby agrees that all records that it maintains for the Fund are the property of the Fund and further agrees to surrender promptly to the Fund any such records upon the Fund's request. M&I further agrees to preserve any records it maintains for the period prescribed by the Investment Company Act and rules promulgated thereunder. Administrative Services shall not include any duties, functions, or services to be performed for the Fund by the Fund's investment adviser, distributor, custodian, or transfer agent pursuant to their respective agreements with the Fund.

Appears in 1 contract

Samples: Administrative Services Agreement (Marshall Funds Inc)

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Services and Duties. As Administratorfund administrator, and subject to the supervision and control of the Fund's Board of Trustees, FSCo the Administrator will provide facilities, equipment, and personnel to carry out the following administrative and fund accounting services for operation of the business and affairs of the Fund and each of its portfoliosthe Portfolios covered by this Agreement: (a) a. prepare, file, and maintain the Fund's governing documents and any amendments theretodocuments, including the Declaration of Trust (which has already been prepared and filed)Trust, the By-laws and Bylaws, minutes of meetings of Trustees and shareholders, and proxy statements for meetings of shareholders; (b) b. prepare and file on a timely basis with the Securities and Exchange Commission and the appropriate state State securities authorities authorities: (i) the registration statements for the Fund Fund, relating to the Portfolios and the Fund's shares Portfolios' shares, and all amendments thereto, ; (ii) the Fund's reports pursuant to Investment Company Act Rule 24f-2; (iii) reports to shareholders and regulatory authorities authorities, including, among others, Form N-SAR; and shareholders, (iv) prospectuses, proxy statements, and such other documents all as may be necessary or convenient to enable the Fund to make a continuous offering of its sharesthe Portfolios' shares and to conduct the Fund's affairs; (c) c. prepare, negotiate, and administer contracts on behalf of the Fund Portfolios with, among others, the Fund's investment adviser, distributor, custodian, custodian and transfer agent; (d) d. supervise the Fund's custodian in the maintenance of the Fund's general ledger and in the preparation of the Fund's financial statements, including oversight of expense accruals and payments, of the determination of the net asset value of the Fund and of the declaration and payment of dividends and other distributions to shareholderscustodian; (e) e. calculate performance data of the Fund for dissemination to information services covering the investment company industryPortfolios; (f) f. prepare and file on a timely basis the Fund's Federal and State income and other tax returnsreturns for the Portfolios; (g) g. examine and review the operations of the Fund's custodian and custodian, transfer agent, and investment adviser and the Portfolios' subadvisers, if any, to promote compliance with applicable state and federal law; (h) h. coordinate the layout and printing of publicly disseminated prospectuses and reports; (i) i. perform internal audit examinations in accordance with a charter procedures to be adopted by FSCo the Administrator and the Fund; (j) j. assist with the design, development, and operation of the FundPortfolios; (k) k. provide individuals reasonably acceptable to the Fund's Board of Trustees for nomination, appointment, or election as officers of the Fund, who will be responsible for the management of certain of the Fund's affairs as determined by the Fund's Board of Trustees; and; (l) consult l. monitor the Fund's compliance with Section 817 and Sections 851 through 855 of the U.S. Internal Revenue Code of 1986, as amended, and the Treasury regulations promulgated thereunder, so as to enable the Fund and its each Portfolio to comply with the diversification requirements applicable to investments of variable contracts and for each to maintain the status of each as a "regulated investment company;" m. advise the Fund and the Fund's Board of Trustees on matters concerning the Portfolios and the affairs of the Portfolios; n. provide the Fund with office space and personnel; o. provide the Fund and its affairseach Portfolio with fund accounting services, including, but not limited to, the following services: 1) keeping and maintaining the following books and records of the Fund and each of the Portfolios pursuant to Rule 31a-1 under the Investment Company Act, including, among others: 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 Portfolio, as may be reasonably requested by the Fund: a) calculate the net asset value per share; b) calculate the dividend and capital gain distribution, if any; c) calculate a Portfolio's yield; d) reconcile cash movements with the Fund's custodian; e) affirm to the Fund's custodian all portfolio trades and cash movements; f) verify and reconcile with the Fund's custodian all daily trade activity; g) provide such reports as may be required by the Fund; h) preparation of the Fund'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 fund; and j) such other similar services with respect to a Portfolio as may be reasonably requested by the Fund; and p. assist in all aspects of the operations of the Portfolios other than those provided under other specific contracts. The foregoing, along with any additional services that FSCo the Administrator shall agree in writing to perform for the Fund hereunder, shall hereafter be referred to as the "Administrative Services." In compliance with the requirements of Rule 31a-3 under the Investment Company Act, the Administrator hereby agrees that all records that the Administrator maintains for the Fund are the property of the Fund and further agrees to surrender promptly to the Fund any of these records upon the Fund'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 the Fund by the Fund's investment adviser, distributor, custodian, or transfer agent pursuant to their respective agreements with the Fund. The Administrator acknowledges the importance of efficient and prompt transmission of information to the life insurance companies affiliated with the Administrator (said life insurance companies hereinafter referred to collectively as "Nationwide"), the purchaser of Fund shares to fund the obligations of certain variable annuity contracts. The Administrator agrees to use the Administrator's 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 on behalf of the Fund and for the Portfolios, the Administrator: (i) will comply with the provisions of the Declaration of Trust and Bylaws of the Fund; (ii) will safeguard and promote the welfare of the Fund and the Portfolios; and (iii) will comply with the policies that the Trustees, from time to time, reasonably may determine; provided, that these policies are not in conflict with this Agreement, the Fund's governing documents, or any applicable statutes or regulations.

Appears in 1 contract

Samples: Fund Administration Agreement (Market Street Fund Inc)

Services and Duties. As Administrator, and subject to the supervision and control of the FundTrust's Board of Trustees, FSCo the Administrator will provide facilities, equipment, and personnel to carry out the following administrative and fund accounting services for operation of the business and affairs of the Fund Trust and each of its portfoliosthe Funds covered by this Agreement: (a) a. prepare, file, and maintain the FundTrust's governing documents and any amendments theretodocuments, including the Declaration of Trust (which has already been prepared and filed)Trust, the By-laws and Bylaws, minutes of meetings of Trustees and shareholders, and proxy statements for meetings of shareholders; (b) b. prepare and file on a timely basis with the Securities and Exchange Commission and the appropriate state securities authorities the registration statements for the Fund Trust, relating to the Funds and the Fund's shares 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 all as may be necessary or convenient to enable the Fund Trust to make a continuous offering of the Fund's shares and to conduct its sharesaffairs; (c) c. prepare, negotiate, and administer contracts on behalf of the Fund Funds with, among others, the FundTrust's investment adviser, distributor, custodian, custodian and transfer agent; (d) d. supervise the FundTrust's custodian in the maintenance of the Fund's general ledger and in the preparation of the Fund's financial statements, including oversight of expense accruals and payments, of the determination of the net asset value of the Fund and of the declaration and payment of dividends and other distributions to shareholderscustodian; (e) e. calculate performance data of the Fund for dissemination to information services covering the investment company industryFunds; (f) f. prepare and file on a timely basis the Fund's Federal and State income and other tax returnsreturns for the Funds; (g) g. examine and review the operations of the FundTrust's custodian custodian, transfer agent and transfer agentinvestment adviser and the Funds' subadvisers, if any, to promote compliance with applicable state and federal law; (h) h. coordinate the layout and printing of publicly disseminated prospectuses and reports; (i) i. perform internal audit examinations in accordance with a charter procedures to be adopted by FSCo the Administrator and the FundTrust; (j) j. assist with the design, development, and operation of the FundFunds; (k) k. provide individuals reasonably acceptable to the FundTrust's Board of Trustees for nomination, appointment, or election as officers of the FundTrust, who will be responsible for the management of certain of the FundTrust's affairs as determined by the FundTrust's Board of Trustees; and; (l) consult l. monitor the 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 Trust and each Fund to comply with the Fund diversification requirements applicable to investments of variable contracts and for each to maintain its status as a "regulated investment company;" 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 each Fund with fund accounting services, including but not limited to the following services: 1) keeping and its affairsmaintaining 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 fund; 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. 4 The foregoing, along with any additional services that FSCo the Administrator shall agree in writing to perform for the Fund 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 the Fund Trust by the FundTrust's investment adviser, distributor, custodian, or transfer agent pursuant to their respective agreements with the FundTrust. 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 1 contract

Samples: Fund Administration Agreement (Nationwide Separate Account Trust)

Services and Duties. As Administrator, and subject to the supervision and control of the Fund's Board of Trustees, FSCo FAS will provide facilities, equipment, and personnel to carry out the following administrative services for operation of the business and affairs of the Fund and each of its portfolios: (a) prepare, file, and maintain the Fund's governing documents and any amendments thereto, including the Declaration of Trust dated October 15, 1991 ("Declaration of Trust") (which has already been prepared and filed), the By-laws and minutes of meetings of Trustees and shareholders; (b) prepare and file with the Securities and Exchange Commission and the appropriate state securities authorities the registration statements for the Fund and the Fund's shares and all amendments thereto, reports to regulatory authorities and shareholders, prospectuses, proxy statements, and such other documents all as may be necessary to enable the Fund to make a continuous offering of its shares; (c) prepare, negotiate, and administer contracts on behalf of the Fund with, among others, the Fund's investment adviser, distributor, custodian, and transfer agent, subject to approval by the Fund's Board of Trustees; (d) supervise the Fund's custodian in the maintenance of the Fund's general ledger and in the preparation of the Fund's financial statements, including oversight of expense accruals and payments, of the determination of the net asset value of the Fund and of the declaration and payment of dividends and other distributions to shareholders; (e) calculate performance data of the Fund for dissemination to information services covering the investment company industry; (f) prepare and file the Fund's tax returns; (g) examine and review the operations of the Fund's custodian and transfer agent; (h) coordinate the layout and printing of publicly disseminated prospectuses and reports; (i) perform internal audit examinations in accordance with a the charter to be adopted by FSCo FAS and the Fund; (j) assist with the design, development, and operation of the Fund; (k) provide individuals reasonably acceptable to the Fund's Board of Trustees for nomination, appointment, or election as officers of the Fund, who will be responsible for the management of certain of the Fund's affairs as determined by the Fund's Board of Trustees; and (l) consult with the Fund and its Board of Trustees on matters concerning the Fund and its affairs. The foregoing, along with any additional services that FSCo FAS shall agree in writing to perform for the Fund hereunder, shall hereafter be referred to as "Administrative Services." Administrative Services shall not include any duties, functions, or services to be performed for the Fund by the -3- Fund's investment adviser, distributor, custodian, or transfer agent pursuant to their respective agreements with the Fund.

Appears in 1 contract

Samples: Administrative Services Agreement (First Priority Funds)

Services and Duties. As Administrator, and subject to the supervision and control of the Fund's Board of Trustees, FSCo Trustees FAS will provide facilities, equipment, and personnel to carry out the following administrative services for operation of the business and affairs of the Fund and each of its portfolios: : (a) prepare, file, and maintain the Fund's governing documents and any amendments thereto, including the Declaration of Trust (which has already been prepared and filed), the By-laws and minutes of meetings of Trustees and shareholders; ; (b) prepare and file with the Securities and Exchange Commission (`SEC'') and the appropriate state securities authorities the registration statements for the Fund and the Fund's shares and all amendments thereto, reports to regulatory authorities and shareholders, prospectuses, proxy statements, and such other documents all as may be necessary to enable the Fund to make a continuous offering of its shares; ; (c) prepare, negotiate, and administer contracts on behalf of the Fund with, among others, the Fund's investment adviser, distributor, custodian, and transfer agent; ; (d) supervise the Fund's custodian Fund Accountant in the maintenance of the Fund's general ledger and in the preparation of the Fund's financial statements, including oversight of expense accruals and payments, of the determination of the net asset value of the Fund and of the declaration and payment of dividends and other distributions to shareholders; ; (e) calculate performance data of the Fund for dissemination to information services covering the investment company industry; ; (f) prepare and file the Fund's tax returns; ; (g) examine and review the operations of the Fund's custodian and transfer agent; ; (h) coordinate the layout and printing of publicly disseminated prospectuses and reports; ; (i) perform internal audit examinations in accordance with a charter to be adopted by FSCo FAS and the Fund; ; (j) assist with the design, development, and operation of the Fund; ; (k) provide individuals reasonably acceptable to the Fund's Board of Trustees for nomination, appointment, or election as officers of the Fund, who will be responsible for the management of certain of the Fund's affairs as determined by the Fund's Board of Trustees; and and (l) consult with the Fund and its Board of Trustees on matters concerning the Fund and its affairs. The foregoing, along with any additional services that FSCo FAS shall agree in writing to perform for the Fund hereunder, shall hereafter be referred to as "Administrative Services." Administrative Services shall not include any duties, functions, or services to be performed for the Fund by the Fund's investment adviser, distributor, custodian, or transfer agent pursuant to their respective agreements with the Fund.

Appears in 1 contract

Samples: Administrative Services Agreement (Marketvest Funds)

Services and Duties. As Administrator, and subject to the supervision and control of the FundTrust's Board of Trustees, FSCo the Administrator will provide facilities, equipment, and personnel to carry out the following administrative and fund accounting services for operation of the business and affairs of the Fund Trust and each of its portfoliosthe Funds covered by this Agreement: (a) a. prepare, file, and maintain the FundTrust's governing documents and any amendments theretodocuments, including the Declaration of Trust (which has already been prepared and filed)Trust, the By-laws and Bylaws, minutes of meetings of Trustees and shareholders, and proxy statements for meetings of shareholders; (b) b. prepare and file on a timely basis with the Securities and Exchange Commission and the appropriate state securities authorities the registration statements for the Fund Trust, relating to the Funds and the Fund's shares 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 all as may be necessary or convenient to enable the Fund Trust to make a continuous offering of the Fund's shares and to conduct its sharesaffairs; (c) c. prepare, negotiate, and administer contracts on behalf of the Fund Funds with, among others, the FundTrust's investment adviser, distributor, custodian, custodian and transfer agent; (d) d. supervise the FundTrust's custodian in the maintenance of the Fund's general ledger and in the preparation of the Fund's financial statements, including oversight of expense accruals and payments, of the determination of the net asset value of the Fund and of the declaration and payment of dividends and other distributions to shareholderscustodian; (e) e. calculate performance data of the Fund for dissemination to information services covering the investment company industryFunds; (f) f. prepare and file on a timely basis the Fund's Federal and State income and other tax returnsreturns for the Funds; (g) g. examine and review the operations of the FundTrust's custodian custodian, transfer agent and transfer agentinvestment adviser and the Funds' subadvisers, if any, to promote compliance with applicable state and federal law; (h) h. coordinate the layout and printing of publicly disseminated prospectuses and reports; (i) i. perform internal audit examinations in accordance with a charter procedures to be adopted by FSCo the Administrator and the FundTrust; (j) j. assist with the design, development, and operation of the FundFunds; (k) k. provide individuals reasonably acceptable to the FundTrust's Board of Trustees for nomination, appointment, or election as officers of the FundTrust, who will be responsible for the management of certain of the FundTrust's affairs as determined by the FundTrust's Board of Trustees; and; (l) consult l. monitor the 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 Trust and each Fund to comply with the Fund diversification requirements applicable to investments of variable contracts and for each to maintain its status as a "regulated investment company;" 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 each Fund with fund accounting services, including but not limited to the following services: 1) keeping and its affairsmaintaining 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 h) 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 FSCo the Administrator shall agree in writing to perform for the Fund 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 the Fund Trust by the FundTrust's investment adviser, distributor, custodian, or transfer agent pursuant to their respective agreements with the FundTrust. 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 1 contract

Samples: Fund Administration Agreement (Nationwide Investing Foundation Iii)

Services and Duties. As Administrator, and subject to the supervision and control of the FundCompany's Board of TrusteesDirectors, FSCo the Administrator will provide facilities, equipment, and personnel to carry out the following administrative and fund accounting services for operation of the business and affairs of the Company and the Fund and each of its portfolioscovered by this Agreement: (a) a. prepare, file, and maintain the FundCompany's governing documents and any amendments theretodocuments, including the Declaration Articles of Trust (which has already been prepared and filed)Incorporation, the By-laws and laws, minutes of meetings of Trustees the Board of Directors and shareholders, and proxy statements for meetings of shareholders; (b) b. prepare and file on a timely basis with the Securities and Exchange Commission and the appropriate state securities authorities the registration statements for the Company, relating to the Fund and the Fund's shares shares, and all amendments thereto, the Company's reports pursuant to Investment Company Act Rule 24f-2, reports to shareholders and regulatory authorities authorities, including form N-SAR, Form N-CSR, Form N-PX, and shareholders, prospectuses, proxy statements, and such other documents all as may be necessary or convenient to enable the Fund Company to make a continuous offering offerings of the Fund shares and to conduct its sharesaffairs; (c) c. prepare, negotiate, and administer contracts on behalf of the Fund with, among others, the FundCompany's investment adviser, distributor, custodian, custodian and transfer agent; (d) d. supervise the FundCompany's custodian in the maintenance of the Fund's general ledger and in the preparation of the Fund's financial statements, including oversight of expense accruals and payments, of the determination of the net asset value of the Fund and of the declaration and payment of dividends and other distributions to shareholderscustodian; (e) e. calculate performance data of the Fund for dissemination to information services covering the investment company industryFund; (f) f. prepare and file on a timely basis the federal and state income and other tax returns for the Fund's tax returns; (g) g. examine and review the operations of the Company's custodian, transfer agent and investment adviser and the Fund's custodian subadvisers, if any, to promote compliance with applicable state and transfer agentfederal law; (h) h. coordinate the layout and printing of publicly disseminated prospectuses and reports; (i) i. perform internal audit examinations in accordance with a charter procedures to be adopted by FSCo the Administrator and the FundCompany; (j) j. assist with the design, development, and operation of the Fund; (k) k. provide individuals reasonably acceptable to the FundCompany's Board of Trustees Directors for nomination, appointment, or election as officers of the FundCompany, who will be responsible for the management of certain of the FundCompany's affairs as determined by the FundCompany's Board of Trustees; andDirectors; (l) consult l. monitor the Company'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 Company and the Fund to comply with the Fund diversification requirements applicable to investments of variable contracts and for each to maintain its status as a "regulated investment company;" m. advise the Company and its Board of Trustees Directors on matters concerning the Fund and its affairs. The foregoing, along with any additional services that FSCo shall agree ; n. maintain historical tax lots for each security; o. assist in writing the preparation of notices of Annual or Special Meetings of Shareholders and proxy materials relating to perform such meetings; p. assist in obtaining the fidelity bond and directors' and officers'/errors and omissions insurance policies for the Fund hereunder, shall hereafter be referred to in accordance with the requirements of Rule 17g-1 and 17d-1(d)(7) under the 1940 Act as "Administrative Services." Administrative Services shall not include any duties, functions, or services to be performed for such bond and policies are approved by the Fund by Company's Board of Directors; q. monitor the Fund's assets to assure adequate fidelity bond coverage is maintained; r. draft agendas, resolutions and materials for quarterly and special Board meetings; s. maintain the Fund's corporate calendar to assure compliance with various filing and Board approval deadlines; t. monitor the Fund's compliance with the amounts and conditions of each state qualification u. provide the Company with office space and personnel; v. provide the Company and the Fund with fund accounting services, including but not limited to the following services: 1) keeping and maintaining the following books and records of the Company and each of the Fund pursuant to Rule 31a-1 under the 1940 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 the Fund, as may be reasonably requested by the Company: a) calculate the net asset value per share; b) calculate the dividend and capital gain distribution, if any; c) calculate capital gains and losses; d) determine net income; e) obtain security market quotes from independent pricing services approved by the investment adviser, distributoror if such quotes are unavailable, custodianthen obtain such prices from the investment adviser, or transfer agent pursuant to their respective agreements and in either case calculate the market value of the Fund's investments; c) calculate a Fund's yield; d) reconcile cash movements with the Fund.Company's custodian; e) affirm to the Company's custodian all portfolio trades and cash movements; f) verify and reconcile with the Company's custodian all daily trade activity; g) provide such reports as may be required by the Company; h) preparation of the Company's monthly financial statements, including oversight of expense accruals and payments, Schedule of Investments, Statement of Assets and Liabilities, Statement of Operations, Statement of Changes in Net Assets, Cash Statement and Schedule of Capital Gains and Losses; (i) calculating the deviation between marked-to-market and amortized cost valuations for any money market funds; and

Appears in 1 contract

Samples: Fund Administration Agreement (Gartmore Mutual Funds Ii Inc)

Services and Duties. As Administrator, and subject to the supervision and control of the Fund's Board of TrusteesDirectors FAS, FSCo or its delegatee, will provide facilities, equipment, and personnel to carry out the following administrative services for operation of the business and affairs of the Fund and each of its portfolios: : (a) in conjunction with counsel for the Fund, prepare, file, and maintain the Fund's governing documents and any amendments thereto, including the Declaration Articles of Trust Incorporation (which has already been prepared and filed), the By-laws and minutes of meetings of Trustees Directors and shareholders; ; (b) in conjunction with counsel for the Fund, prepare and file with the Securities and Exchange Commission and the appropriate state securities authorities the registration statements for the Fund and the Fund's shares and all amendments thereto, reports to regulatory authorities and shareholders, prospectuses, proxy statements, and such other documents all as may be necessary to enable the Fund to make a continuous offering of its shares; ; (c) in conjunction with counsel for the Fund, prepare, negotiate, and administer contracts on behalf of the Fund with, and coordinate the activities of, among others, the Fund's investment adviser, distributor, custodian, portfolio accountant, transfer agent and transfer agent; independent accountants; (d) supervise the Fund's custodian portfolio accountant in the maintenance of the Fund's general ledger and in the preparation of the Fund's financial statements, including oversight periodic (i) review and evaluation of expense accruals accruals; (ii) review, evaluation and authorization of expense payments, ; (iii) projection of future expenses; and (iv) periodic review of the determination of the net asset value of the Fund and of the declaration and payment of dividends and other distributions to shareholders; ; (e) calculate performance data of the Fund for dissemination to information services covering the investment company industry; ; (f) prepare and file the Fund's tax returns; ; (g) examine and review the operations of the Fund's custodian and transfer agent; ; (h) coordinate the layout and printing of publicly disseminated prospectuses and reports; ; (i) perform internal audit examinations in accordance with a charter to be adopted by FSCo FAS and the Fund; ; (j) assist with the design, development, and operation of the Fund; ; (k) provide individuals reasonably acceptable to the Fund's Board of Trustees Directors for nomination, appointment, or election as officers of the Fund, who will be responsible for the management of certain of the Fund's affairs as determined by the Fund's Board of TrusteesDirectors; and (l) consult with the Fund and its Board of Trustees Directors on matters concerning the Fund and its affairs; and (m) make periodic reports to the Fund's Board of Directors in the performance of its obligations under this Agreement. The foregoing, along with any additional services that FSCo FAS shall agree in writing to perform for the Fund hereunder, shall hereafter be referred to as "Administrative Services." Administrative Services shall not include any duties, functions, or services to be performed for the Fund by the Fund's investment adviser, distributor, custodian, or portfolio accountant, transfer agent or independent accountants pursuant to their respective agreements with the Fund.

Appears in 1 contract

Samples: Administrative Services Agreement (Old Westbury Funds Inc)

Services and Duties. As Administrator, and subject to the supervision and control of the Fund's Board of Trustees, FSCo Directors FAS will provide facilities, equipment, and personnel to carry out the following administrative services for operation of the business and affairs of the Fund and each of its portfolios: : (a) prepare, file, and maintain the Fund's governing documents and any amendments thereto, including the Declaration Articles of Trust Incorporation (which has already been prepared and filed), the By-laws and minutes of meetings of Trustees Directors and shareholders; ; (b) prepare and file with the Securities and Exchange Commission (`SEC'') and the appropriate state securities authorities the registration statements for the Fund and the Fund's shares and all amendments thereto, reports to regulatory authorities and shareholders, prospectuses, proxy statements, and such other documents all as may be necessary to enable the Fund to make a continuous offering of its shares; ; (c) prepare, negotiate, and administer contracts on behalf of the Fund with, among others, the Fund's investment adviser, distributor, custodian, and transfer agent; ; (d) supervise the Fund's custodian Fund Accountant in the maintenance of the Fund's general ledger and in the preparation of the Fund's financial statements, including oversight of expense accruals and payments, of the determination of the net asset value of the Fund and of the declaration and payment of dividends and other distributions to shareholders; ; (e) calculate performance data of the Fund for dissemination to information services covering the investment company industry; ; (f) prepare and file the Fund's tax returns; ; (g) examine and review the operations of the Fund's custodian and transfer agent; ; (h) coordinate the layout and printing of publicly disseminated prospectuses and reports; ; (i) perform internal audit examinations in accordance with a charter to be adopted by FSCo FAS and the Fund; ; (j) assist with the design, development, and operation of the Fund; ; (k) provide individuals reasonably acceptable to the Fund's Board of Trustees Directors for nomination, appointment, or election as officers of the Fund, who will be responsible for the management of certain of the Fund's affairs as determined by the Fund's Board of TrusteesDirectors; and and (l) consult with the Fund and its Board of Trustees Directors on matters concerning the Fund and its affairs. The foregoing, along with any additional services that FSCo FAS shall agree in writing to perform for the Fund hereunder, shall hereafter be referred to as "Administrative Services." Administrative Services shall not include any duties, functions, or services to be performed for the Fund by the Fund's investment adviser, distributor, custodian, or transfer agent pursuant to their respective agreements with the Fund.

Appears in 1 contract

Samples: Administrative Services Agreement (Marketvest Funds Inc)

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