Services and Duties. Subject to the supervision and control of ------------------- the Fund's Board of Directors, the Administrator agrees to assist in supervising aspects of the Fund's administrative operations, including but not limited to the performance of the following specific services for the Fund: (a) Provide office facilities (which may be in the offices of the Administrator or a corporate affiliate of them, but shall be in such location as the Fund shall reasonably approve) and the services of a principal financial officer to be appointed by the Fund; (b) Furnish statistical and research data, clerical services, and stationery and office supplies; (c) Keep and maintain all financial accounts and records (other than those required to be maintained by the Fund's Custodian and Transfer Agent) including without limit those required under Section 31 (a) and Rule 31a-1 under the Investment Company Act of 1940 (the "1940 Act"); (d) Compute, and transmit to the NASD service for the publication of fund prices, the Fund's net asset value, net income and net capital gain (loss) in accordance with the Fund's Prospectus and resolutions of its Board of Directors; (e) Compile data for, and prepare required reports and notices to shareholders of record including, without limitation, proxy statements, Semiannual and Annual Reports to shareholders; (f) Compile data for, prepare for execution and file all reports or other documents, including tax returns, required by Federal, state and other applicable laws and regulations, including those required by applicable Federal and state tax laws (other than those required to be filed by the Fund's Custodian or Transfer Agent); (g) Assist in developing and monitoring compliance procedures for the Fund and any class or series thereof, including, without limitation, procedures to monitor compliance with applicable law and regulations, the Fund's investment objectives, policies and restrictions, its continued qualification as a regulated investment company under Subchapter M of the Internal Revenue Code of 1986, as amended (the "Code"); (h) Determine, together with the Fund's Board of Directors, the jurisdictions in which the Fund's shares shall be registered or qualified for sale and, in connection therewith, the Administrator shall be responsible for the registration for sale and maintenance of the registrations of shares for sale under the securities laws of any state. Payment of share registration fees for qualifying or continuing the qualification of Fund shares or the Fund as a dealer or broker, if applicable, shall be made by the Fund; (i) Provide financial data requested by the Fund and its outside counsel; (j) Perform such other duties related to the administration of the Fund's operations as reasonably requested by the Board of Directors, from time to time; (k) Assist in the monitoring of regulatory and legislative developments which may affect the Fund and, in response to such developments, counsel and assist the Fund in routine regulatory examinations or investigations of the Fund, and work with outside counsel to the Fund in connection with regulatory matters or litigation. In performing its duties as administrator of the Fund, the Administrator (a) will act in accordance with the Fund's Charter, By-Laws, Prospectus, Statement of Additional Information and the instructions and directions of the Fund'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, as necessary or appropriate. The Administrator will preserve for the periods prescribed by Rule 31a-2 under the 1940 Act the records required to be maintained by Rule 31a-1 under said Act in connection with the services required to be performed hereunder. The Administrator further agrees that all such records which it maintains for the Fund are the property of the Fund and further agrees to surrender promptly to the Fund any of such records upon the Fund's request.
Appears in 2 contracts
Samples: Fund Accounting and Administration Agreement (Security Capital U S Real Estate Shares Inc), Fund Accounting and Administration Agreement (Security Capital U S Real Estate Shares Inc)
Services and Duties. Subject to the supervision and control of ------------------- the FundCompany's Board of DirectorsTrustees, and as delineated on one or more Exhibits to the Agreement, the Administrator agrees Administrators agree to assist in supervising various aspects of the each Fund's administrative operations, including but not limited to the performance of the following specific services for the each Fund:
(a) Provide Providing office facilities (which may be in the offices of any of the Administrator Administrators or a corporate affiliate of any of them, but shall be in such location as the Fund Company shall reasonably approve) and the services of a principal financial officer to be appointed by the Fund);
(b) Furnish Furnishing statistical and research data, clerical services, and stationery and office supplies;
(c) Keep Keeping and maintain maintaining all financial accounts and records (other than those required to be maintained by the FundCompany's Custodian and Transfer Agent) including without limit those required under Section 31 (a) and Rule 31a-1 under the Investment Company Act of 1940 (the "1940 Act");
(d) Compute, and transmit to the NASD service for the publication of fund prices, the Computing each Fund's net asset value, net income and net capital gain (loss) in accordance with the FundCompany's Prospectus and resolutions of its Board of DirectorsTrustees;
(e) Compile Compiling data for, for and prepare preparing for execution and filing with the SEC required reports and notices to shareholders of record and the SEC including, without limitation, proxy statements, Semiannual Semi-Annual and Annual Reports to shareholdersShareholders, Semi-Annual Reports on Form N-SAR and timely Rule 24f-2 Notices;
(f) Compile Compiling data for, prepare and preparing for execution and file filing, all reports or other documents, including tax returns, documents required by Federal, state and other 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 Custodian or Transfer Agent);
(g) Assist Reviewing and providing advice with respect to all sales literature (advertisements, brochures and shareholder communications) for each of the Funds and any class or series thereof;
(h) Assisting in developing and monitoring compliance procedures for the each Fund and any class or series thereof, including, without limitation, procedures to monitor compliance with applicable law and regulations, the each Fund's investment objectives, policies and restrictions, its continued qualification as a regulated investment company under Subchapter M of the Internal Revenue Code of 1986, as amended (the "Code")amended, and other tax matters;
(hi) DetermineMonitoring the Company's arrangements with respect to services provided by certain organizations ("Service Organizations") under its Administrative Services Plan, provided that each Administrator will only be responsible for monitoring arrangements with Service Organizations with whom the Administrator has established the servicing relationship on behalf of the Company. With respect to such Service Organizations, the 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 Trustees 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 maintaining appropriate records in connection with such duties;
(j) Determining, together with the FundCompany's Board of DirectorsTrustees, the jurisdictions in which the FundCompany's shares shall be registered or qualified for sale and, in connection therewith, the Administrator shall be responsible for maintaining the registration for sale and maintenance of the registrations or qualification of shares for sale under the securities laws of any state. Payment of share registration fees and any fees for qualifying or continuing the qualification of Fund shares or the any Fund as a dealer or broker, if applicable, shall be made by the that Fund;
(i) Provide financial data requested by the Fund and its outside counsel;
(j) Perform such other duties related to the administration of the Fund's operations as reasonably requested by the Board of Directors, from time to time;
(k) Assist Assisting to the extent requested by the Company and its outside counsel with the preparation of the Company's Registration Statement on Form N-1A or any replacement therefor; and
(l) Assisting in the monitoring of regulatory and legislative developments which may affect the Fund Company and, in response to such developments, counsel counseling and assist assisting the Fund Company in routine regulatory examinations or investigations of the FundCompany, and work working with outside counsel to the Fund Company in connection with regulatory matters or litigation. In performing its their duties as administrator co-administrators of the FundCompany, the Administrator Administrators (a) will act in accordance with the FundCompany's Charter, By-LawsBylaws, Prospectus, Statement of Additional Information Prospectus and the instructions and directions of the FundCompany's Board of Directors Trustees 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 FundCompany, as necessary or appropriate. The Administrator Administrators will preserve for the periods prescribed by Rule 31a-2 under the 1940 Act the records required to be maintained by Rule 31a-1 under said Act in connection with the services required to be performed hereunder. The Administrator Administrators further agrees agree that all such records which it maintains they maintain for the Fund Company are the property of the Fund Company and further agrees agree to surrender promptly to the Fund Company any of such records upon the FundCompany's request.
Appears in 2 contracts
Samples: Administration Agreement (Excelsior Funds), Administration Agreement (Excelsior Funds)
Services and Duties. Subject to the supervision and control of ------------------- the Fund's Board of Directors, the Administrator agrees to assist in supervising aspects of the Fund's administrative operations, including but not limited to the performance of the following specific services for the Fund:
(a) Provide office facilities (which may be in the offices of the Administrator or a corporate affiliate of them, but shall be in such location as the Fund shall reasonably approve) and the services of a principal financial officer to be appointed by the Fund;
(b) Furnish statistical and research data, clerical services, and stationery and office supplies;
(c) Keep and maintain all financial accounts and records (other than those required to be maintained by the Fund's Custodian and Transfer Agent) including without limit those required under Section 31 (a) and Rule 31a-1 under the Investment Company Act of 1940 (the "1940 Act");
(d) Compute, and transmit to the NASD service for the publication of fund prices, the Fund's net asset value, net income and net capital gain (loss) in accordance with the Fund's Prospectus and resolutions of its Board of Directors;
(e) Compile data for, and prepare required reports and notices to shareholders of record including, without limitation, proxy statements, Semiannual and Annual Reports to shareholders;
(f) Compile data for, prepare for execution and file all reports or other documents, including tax returns, required by Federal, state and other applicable laws and regulations, including those required by applicable Federal and state tax laws (other than those required to be filed by the Fund's Custodian or Transfer Agent);
; (g) Assist in developing and monitoring compliance procedures for the Fund and any class or series Series thereof, including, without limitation, procedures to monitor compliance with applicable law and regulations, the Fund's investment objectives, policies and restrictions, its continued qualification as a regulated investment company under Subchapter M of the Internal Revenue Code of 1986, as amended (the "Code");
(h) Determine, together with the Fund's Board of Directors, the jurisdictions in which the Fund's shares shall be registered or qualified for sale and, in connection therewith, the Administrator shall be responsible for the registration for sale and maintenance of the registrations of shares for sale under the securities laws of any state. Payment of share registration fees for qualifying or continuing the qualification of Fund shares or the Fund as a dealer or broker, if applicable, shall be made by the Fund;
(i) Provide financial data requested by the Fund and its outside counsel;
(j) Perform such other duties related to the administration of the Fund's operations as reasonably requested by the Board of Directors, from time to time;
(k) Assist in the monitoring of regulatory and legislative developments which may affect the Fund and, in response to such developments, counsel and assist the Fund in routine regulatory examinations or investigations of the Fund, and work with outside counsel to the Fund in connection with regulatory matters or litigation. In performing its duties as administrator of the Fund, the Administrator (a) will act in accordance with the Fund's Charter, By-Laws, Prospectus, Statement of Additional Information and the instructions and directions of the Fund'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, as necessary or appropriate. The Administrator will preserve for the periods prescribed by Rule 31a-2 under the 1940 Act the records required to be maintained by Rule 31a-1 under said Act in connection with the services required to be performed hereunder. The Administrator further agrees that all such records which it maintains for the Fund are the property of the Fund and further agrees to surrender promptly to the Fund any of such records upon the Fund's request.
Appears in 2 contracts
Samples: Fund Accounting and Administration Agreement (Security Capital U S Real Estate Shares Inc), Fund Accounting and Administration Agreement (Security Capital U S Real Estate Shares Inc)
Services and Duties. Subject to the supervision and control of ------------------- the FundCompany's Board of Directors, and as delineated on one or more Exhibit to the Administrator agrees Agreement, the Administrators agree to assist in supervising various aspects of the each Fund's administrative operations, including but not limited to the performance of the following specific services for the each Fund:
(a) Provide Providing office facilities (which may be in the offices of any of the Administrator Administrators or a corporate affiliate of any of them, but shall be in such location as the Fund Company shall reasonably approve) and the services of a principal financial officer to be appointed by the Fund);
(b) Furnish Furnishing statistical and research data, clerical services, and stationery and office supplies;
(c) Keep Keeping and maintain maintaining all financial accounts and records (other than those required to be maintained by the FundCompany's Custodian and Transfer Agent) including without limit those required under Section 31 (a) and Rule 31a-1 under the Investment Company Act of 1940 (the "1940 Act");
(d) Compute, and transmit to the NASD service for the publication of fund prices, the Computing each Fund's net asset value, net income and net capital gain (loss) in accordance with the FundCompany's Prospectus and resolutions of its Board of Directors;
(e) Compile Compiling data for, for and prepare preparing for execution and filing with the SEC required reports and notices to shareholders of record and the SEC including, without limitation, proxy statements, Semiannual Semi-Annual and Annual Reports to shareholdersShareholders, Semi-Annual Reports on Form N-SAR and timely Rule 24f-2 Notices;
(f) Compile Compiling data for, prepare and preparing for execution and file filing, all reports or other documents, including tax returns, 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 Custodian or Transfer Agent);
(g) Assist Reviewing and providing advice with respect to all sales literature (advertisements, brochures and shareholder communications) for each of the Funds and any class or series thereof;
(h) Assisting in developing and monitoring compliance procedures for the each Fund and any class or series thereof, including, without limitation, procedures to monitor compliance with applicable law and regulations, the each Fund's investment objectives, policies and restrictions, its continued qualification as a regulated investment company under Subchapter M of the Internal Revenue Code of 1986, as amended (the "Code")amended, and other tax matters;
(hi) DetermineMonitoring 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 Administrator has established the servicing relationship on behalf of the Company. With respect to such Service Organizations, the 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 maintaining appropriate records in connection with such duties;
(j) Determining, together with the FundCompany's Board of Directors, the jurisdictions in which the FundCompany's shares shall be registered or qualified for sale and, in connection therewith, the Administrator shall be responsible for maintaining the registration for sale and maintenance of the registrations or qualification of shares for sale under the securities laws of any state. Payment of share registration fees and any fees for qualifying or continuing the qualification of Fund shares or the any Fund as a dealer or broker, if applicable, shall be made by the that Fund;
(i) Provide financial data requested by the Fund and its outside counsel;
(j) Perform such other duties related to the administration of the Fund's operations as reasonably requested by the Board of Directors, from time to time;
(k) Assist Assisting to the extent requested by the Company and its outside counsel with the preparation of the Company's Registration Statement on Form N-1A or any replacement therefor; and
(l) Assisting in the monitoring of regulatory and legislative developments which may affect the Fund Company and, in response to such developments, counsel counseling and assist assisting the Fund Company in routine regulatory examinations or investigations of the FundCompany, and work working with outside counsel to the Fund Company in connection with regulatory matters or litigation. In performing its their duties as administrator co-administrators of the FundCompany, the Administrator Administrators (a) will act in accordance with the FundCompany's Charter, By-LawsBylaws, Prospectus, Statement of Additional Information Prospectus and the instructions and directions of the FundCompany'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 FundCompany, as necessary or appropriate. The Administrator Administrators will preserve for the periods prescribed by Rule 31a-2 under the 1940 Act the records required to be maintained by Rule 31a-1 under said Act in connection with the services required to be performed hereunder. The Administrator Administrators further agrees agree that all such records which it maintains they maintain for the Fund Company are the property of the Fund Company and further agrees agree to surrender promptly to the Fund Company any of such records upon the FundCompany's request.
Appears in 1 contract
Samples: Administration Agreement (Excelsior Tax Exempt Funds Inc)
Services and Duties. Subject to the supervision and control of the ------------------- the FundCompany's Board of DirectorsTrustees, and as delineated on one or more Exhibits to the Agreement, the Administrator agrees Administrators agree to assist in supervising various aspects of the each Fund's administrative operations, including but not limited to the performance of the following specific services for the each Fund:
(a) Provide Providing office facilities (which may be in the offices of any of the Administrator Administrators or a corporate affiliate of any of them, but shall be in such location as the Fund Company shall reasonably approve) and the services of a principal financial officer to be appointed by the Fund);
(b) Furnish Furnishing statistical and research data, clerical services, and stationery and office supplies;
(c) Keep Keeping and maintain maintaining all financial accounts and records (other than those required to be maintained by the FundCompany's Custodian and Transfer Agent) including without limit those required under Section 31 (a) and Rule 31a-1 under the Investment Company Act of 1940 (the "1940 Act");
(d) Compute, and transmit to the NASD service for the publication of fund prices, the Computing each Fund's net asset value, net income and net capital gain (loss) in accordance with the FundCompany's Prospectus and resolutions of its Board of DirectorsTrustees;
(e) Compile Compiling data for, for and prepare preparing for execution and filing with the SEC required reports and notices to shareholders of record and the SEC including, without limitation, proxy statements, Semiannual Semi-Annual and Annual Reports to shareholdersShareholders, Semi-Annual Reports on Form N-SAR and timely Rule 24f-2 Notices;
(f) Compile Compiling data for, prepare and preparing for execution and file filing all reports or other documents, including tax returns, 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 Custodian or Transfer Agent);
(g) Assist Reviewing, providing advice with respect to, and filing with the National Association of Securities Dealers, Inc. all sales literature (advertisements, brochures and shareholder communications) for each of the Funds and any class or series thereof;
(h) Assisting in developing and monitoring secondary compliance procedures for the each Fund and any class or series thereof, including, without limitation, procedures to monitor compliance on a secondary basis with applicable law and regulations, the each Fund's investment objectives, policies and restrictions, its continued qualification as a regulated investment company under Subchapter M of the Internal Revenue Code of 1986, as amended (amended, and other tax matters, it being understood that the "Code")services provided by the Administrators pursuant to this paragraph are not intended and do not supplant the Funds' advisers' compliance obligations, and the Administrators are not liable for compliance violations resulting from the acts or omissions of the Funds' adviser;
(hi) DetermineMonitoring 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 Administrator has established the servicing relationship on behalf of the Company. With respect to such Service Organizations, the 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 Trustees 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 maintaining appropriate records in connection with such duties;
(j) Determining, together with the FundCompany's Board of DirectorsTrustees, the jurisdictions in which the FundCompany's shares shall be registered or qualified for sale and, in connection therewith, the Administrator shall be responsible for maintaining the registration for sale and maintenance of the registrations or qualification of shares for sale under the securities laws of any state. Payment of share registration fees and any fees for qualifying or continuing the qualification of Fund shares or the any Fund as a dealer or broker, if applicable, shall be made by the that Fund;
(i) Provide financial data requested by the Fund and its outside counsel;
(j) Perform such other duties related to the administration of the Fund's operations as reasonably requested by the Board of Directors, from time to time;
(k) Assist Assisting to the extent requested by the Company and its outside counsel with the preparation of the Company's Registration Statement on Form N- 1A or any replacement therefor; and
(l) Assisting in the monitoring of regulatory and legislative developments which may affect the Fund Company and, in response to such developments, counsel counseling and assist assisting the Fund Company in routine regulatory examinations or investigations of the FundCompany, and work working with outside counsel to the Fund Company in connection with regulatory matters or litigation. In addition, the parties shall also provide the services set forth in the Exhibits to this Agreement. In performing its their duties as administrator co-administrators of the FundCompany, the Administrator Administrators (a) will act in accordance with the FundCompany's Charter, By-LawsBylaws, Prospectus, Statement of Additional Information Prospectus and the instructions and directions of the FundCompany's Board of Directors Trustees 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 FundCompany, as necessary or appropriate. The Administrator Administrators will preserve for the periods prescribed by Rule 31a-2 under the 1940 Act the records required to be maintained by Rule 31a-1 under said Act in connection with the services required to be performed hereunder. The Administrator Administrators further agrees agree that all such records which it maintains they maintain for the Fund Company are the property of the Fund Company and further agrees agree to surrender promptly to the Fund Company any of such records upon the FundCompany's request.
Appears in 1 contract
Samples: Fund Accounting and Administration Agreement (Excelsior Funds Trust)
Services and Duties. Subject UMBFS agrees to perform the specific services listed in this Section 4. In performing such services, UMBFS will act under the supervision and control of ------------------- of, and in accordance with the Fund's Board of Directors, the Administrator agrees to assist in supervising aspects instructions and directions of the Fund's administrative operationsTrust. Unless otherwise provided in this Agreement, including but not limited to the performance of the following specific services for the Fund:UMBFS shall act only upon Written Instructions.
(a) Provide office facilities (which UMBFS shall effect and maintain, as the case may be in be, the offices qualification of Shares of the Administrator or a corporate affiliate of them, but shall be in such location as the Fund shall reasonably approve) and the services of a principal financial officer to be appointed by the Fund;
(b) Furnish statistical and research data, clerical services, and stationery and office supplies;
(c) Keep and maintain all financial accounts and records (other than those required to be maintained by the Fund's Custodian and Transfer Agent) including without limit those required under Section 31 (a) and Rule 31a-1 under the Investment Company Act of 1940 (the "1940 Act");
(d) Compute, and transmit to the NASD service for the publication of fund prices, the Fund's net asset value, net income and net capital gain (loss) in accordance with the Fund's Prospectus and resolutions of its Board of Directors;
(e) Compile data for, and prepare required reports and notices to shareholders of record including, without limitation, proxy statements, Semiannual and Annual Reports to shareholders;
(f) Compile data for, prepare for execution and file all reports or other documents, including tax returns, required by Federal, state and other applicable laws and regulations, including those required by applicable Federal and state tax laws (other than those required to be filed by the Fund's Custodian or Transfer Agent);
(g) Assist in developing and monitoring compliance procedures for the Fund and any class or series thereof, including, without limitation, procedures to monitor compliance with applicable law and regulations, the Fund's investment objectives, policies and restrictions, its continued qualification as a regulated investment company under Subchapter M of the Internal Revenue Code of 1986, as amended (the "Code");
(h) Determine, together with the Fund's Board of Directors, the jurisdictions in which the Fund's shares shall be registered or qualified for sale and, in connection therewith, the Administrator shall be responsible for the registration for sale and maintenance of the registrations of shares Funds for sale under the securities laws of the jurisdictions indicated for each Fund on the Filing List furnished to UMBFS pursuant to Section 2(a) of this Agreement by filing Form NF or such other form(s) as a jurisdiction may require, in such amounts as are set forth from time to time in the Trust’s Written Instructions, as well as required issuer agent/dealer applications (collectively, “Blue Sky Filings”), and, subject to the limitations of Section 5, remitting fees to such jurisdictions as required under applicable Blue Sky laws.
(b) UMBFS shall file with each jurisdiction on the Filing List, as required, the appropriate materials relating to the Funds, including, but not limited to the Funds’ Registration Statements or Post-Effective Amendments, definitive copies of the Funds’ prospectuses and statements of additional information and any statesupplements thereto, annual reports, and the documents necessary to procure issuer agent/dealer registrations, if applicable.
(c) UMBFS shall monitor sales in each jurisdiction set forth on the Filing List for each Fund on a daily basis. Payment of share registration fees for qualifying Unless it receives Written Instructions to the contrary, UMBFS typically maintains an offering amount equal to double the amount sold during the current notice period or continuing the immediately preceding notice period in each jurisdiction that does not permit the qualification of Fund shares an indefinite offering amount. In the event sales of Shares in a particular jurisdiction reach or exceed the Fund warning levels provided in the Written Instructions, UMBFS will promptly prepare an amendment to the Fund’s notice permit to increase the offering amount.
(d) In connection with the foregoing, the Trust hereby grants to UMBFS the limited power of attorney on behalf of the Funds to sign all Blue Sky forms and other related documents.
(e) As requested by the Trust, UMBFS shall provide reports of sales activities in each jurisdiction on the Filing List for each Fund. Sales will be reported by state of shareholder residence for sales to individual shareholders or to omnibus accounts whose account owners transmit underlying shareholder information to UMBFS via electronic interfaces. Trades by all other omnibus accounts will be reported by the trustee’s or other omnibus account owner’s state of residence. NSCC trades will be reported by the state provided by the dealer at the point of sale.
(f) UMBFS shall keep those records prepared pursuant to its obligations under this Agreement, as a dealer or brokerwell as any records received by UMBFS from the Funds’ prior Blue Sky services provider, if applicable, shall be made by in the Fund;
(i) Provide financial data requested by form and manner, and for such periods as it may deem advisable but not inconsistent with the Fund rules and its outside counsel;
(j) Perform such other duties related regulations of appropriate governmental authorities, in particular, Rules 31a-2 and 31a-3 under the 1940 Act. UMBFS may deliver to the administration of the Fund's operations as reasonably requested by the Board of Directors, Trust from time to time;
(k) Assist , at the Trust’s sole expense, for safekeeping or disposition by the Trust in the monitoring of regulatory accordance with law, such records, papers and legislative developments which may affect the Fund and, in response to such developments, counsel and assist the Fund in routine regulatory examinations or investigations of the Fund, and work with outside counsel to the Fund documents accumulated in connection with regulatory matters or litigation. In performing the execution of its duties or received from former service providers, as administrator of UMBFS may deem expedient. The Trust shall assume all responsibility for any failure thereafter to produce any record, paper or other document so returned, if and when required. To the Fund, the Administrator (a) will act in accordance with the Fund's Charter, By-Laws, Prospectus, Statement of Additional Information and the instructions and directions of the Fund's Board of Directors and will conform to, and comply with, the requirements extent required by Section 31 of the 1940 Act and all the rules and regulations thereunder, the records maintained by UMBFS, which have not been previously delivered to the Trust pursuant to the foregoing provisions of this paragraph shall be considered to be the property of the Trust, shall be made available upon request for inspection by the officers, employees and auditors of the Trust, and shall be delivered to the Trust promptly upon request and in any event upon the date of termination of this Agreement, in the form and manner kept by UMBFS (to the extent permitted under applicable license agreements) on the date of such termination or such earlier date as may be requested by the Trust. Notwithstanding anything contained herein to the contrary, UMBFS shall be permitted to maintain copies of any such records, papers and documents to the extent necessary to comply with the recordkeeping requirements of federal and state securities laws, tax laws and other applicable Federal or state laws and regulationslaws.
(g) UMBFS shall be entitled to rely on any Written Instructions it receives from the Trust pursuant to this Agreement, and (b) will consult with outside legal counsel to shall be protected in any action it takes or does not take in reliance upon directions, advice or Written Instructions it receives from the FundTrust; provided, as necessary however, that UMBFS shall remain liable for any action or appropriate. The Administrator will preserve for the periods prescribed by Rule 31a-2 under the 1940 Act the records required to be maintained by Rule 31a-1 under said Act inaction on its part that constitutes bad faith, negligence or willful misconduct in connection with the services required to be performed performance of its duties hereunder. The Administrator further agrees that all In the event UMBFS is asked to correct any action or inaction of any former service provider, then UMBFS shall provide such records which it maintains for services and be entitled to such compensation as the Fund are the property of the Fund and further agrees to surrender promptly to the Fund any of such records upon the Fund's requestparties may mutually agree.
Appears in 1 contract
Samples: Blue Sky Filing Services Agreement (Williams Capital Management Trust)
Services and Duties. Subject to the supervision and control of the ------------------- the FundCompany's Board of Directors, and as delineated on one or more Exhibits to the Administrator agrees Agreement, the Administrators agree to assist in supervising various aspects of the each Fund's administrative operations, including but not limited to the performance of the following specific services for the each Fund:
(a) Provide Providing office facilities (which may be in the offices of any of the Administrator Administrators or a corporate affiliate of any of them, but shall be in such location as the Fund Company shall reasonably approve) and the services of a principal financial officer to be appointed by the Fund);
(b) Furnish Furnishing statistical and research data, clerical services, and stationery and office supplies;
(c) Keep Keeping and maintain maintaining all financial accounts and records (other than those required to be maintained by the FundCompany's Custodian and Transfer Agent) including without limit those required under Section 31 (a) and Rule 31a-1 under the Investment Company Act of 1940 (the "1940 Act");
(d) Compute, and transmit to the NASD service for the publication of fund prices, the Computing each Fund's net asset value, net income and net capital gain (loss) in accordance with the FundCompany's Prospectus and resolutions of its Board of Directors;
(e) Compile Compiling data for, for and prepare preparing for execution and filing with the SEC required reports and notices to shareholders of record and the SEC including, without limitation, proxy statements, Semiannual Semi-Annual and Annual Reports to shareholdersShareholders, Semi-Annual Reports on Form N-SAR and timely Rule 24f-2 Notices;
(f) Compile Compiling data for, prepare and preparing for execution and file filing all reports or other documents, including tax returns, 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 Custodian or Transfer Agent);
(g) Assist Reviewing, providing advice with respect to, and filing with the National Association of Securities Dealers, Inc. all sales literature (advertisements, brochures and shareholder communications) for each of the Funds and any class or series thereof;
(h) Assisting in developing and monitoring secondary compliance procedures for the each Fund and any class or series thereof, including, without limitation, procedures to monitor compliance on a secondary basis with applicable law and regulations, the each Fund's investment objectives, policies and restrictions, its continued qualification as a regulated investment company under Subchapter M of the Internal Revenue Code of 1986, as amended (amended, and other tax matters, it being understood that the "Code")services provided by the Administrators pursuant to this paragraph are not intended and do not supplant the Funds' advisers' compliance obligations, and the Administrators are not liable for compliance violations resulting from the acts or omissions of the Funds' adviser;
(hi) DetermineMonitoring 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 Administrator has established the servicing relationship on behalf of the Company. With respect to such Service Organizations, the 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 maintaining appropriate records in connection with such duties;
(j) Determining, together with the FundCompany's Board of Directors, the jurisdictions in which the FundCompany's shares shall be registered or qualified for sale and, in connection therewith, the Administrator shall be responsible for maintaining the registration for sale and maintenance of the registrations or qualification of shares for sale under the securities laws of any state. Payment of share registration fees and any fees for qualifying or continuing the qualification of Fund shares or the any Fund as a dealer or broker, if applicable, shall be made by the that Fund;
(i) Provide financial data requested by the Fund and its outside counsel;
(j) Perform such other duties related to the administration of the Fund's operations as reasonably requested by the Board of Directors, from time to time;
(k) Assist Assisting to the extent requested by the Company and its outside counsel with the preparation of the Company's Registration Statement on Form N-1A or any replacement therefor; and
(l) Assisting in the monitoring of regulatory and legislative developments which may affect the Fund Company and, in response to such developments, counsel counseling and assist assisting the Fund Company in routine regulatory examinations or investigations of the FundCompany, and work working with outside counsel to the Fund Company in connection with regulatory matters or litigation. In addition, the parties shall also provide the services set forth in the Exhibits to this Agreement. In performing its their duties as administrator co-administrators of the FundCompany, the Administrator Administrators (a) will act in accordance with the FundCompany's Charter, By-LawsBylaws, Prospectus, Statement of Additional Information Prospectus and the instructions and directions of the FundCompany'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 FundCompany, as necessary or appropriate. The Administrator Administrators will preserve for the periods prescribed by Rule 31a-2 under the 1940 Act the records required to be maintained by Rule 31a-1 under said Act in connection with the services required to be performed hereunder. The Administrator Administrators further agrees agree that all such records which it maintains they maintain for the Fund Company are the property of the Fund Company and further agrees agree to surrender promptly to the Fund Company any of such records upon the FundCompany's request.
Appears in 1 contract
Samples: Fund Accounting and Administration Agreement (Excelsior Tax Exempt Funds Inc)
Services and Duties. Subject to the supervision and control of ------------------- the FundCompany's Board of Directors, and as delineated on one or more Exhibit to the Administrator agrees Agreement, the Administrators agree to assist in supervising various aspects of the each Fund's administrative operations, including but not limited to the performance of the following specific services for the each Fund:
(a) Provide Providing office facilities (which may be in the offices of any of the Administrator Administrators or a corporate affiliate of any of them, but shall be in such location as the Fund Company shall reasonably approve) and the services of a principal financial officer to be appointed by the Fund);
(b) Furnish Furnishing statistical and research data, clerical services, and stationery and office supplies;
(c) Keep Keeping and maintain maintaining all financial accounts and records (other than those required to be maintained by the FundCompany's Custodian and Transfer Agent) including without limit those required under Section 31 (a) and Rule 31a-1 under the Investment Company Act of 1940 (the "1940 Act");
(d) Compute, and transmit to the NASD service for the publication of fund prices, the Computing each Fund's net asset value, net income and net capital gain (loss) in accordance with the FundCompany's Prospectus and resolutions of its Board of DirectorsDirectors ;
(e) Compile Compiling data for, for and prepare preparing for execution and filing with the SEC required reports and notices to shareholders of record and the SEC including, without limitation, proxy statements, Semiannual Semi-Annual and Annual Reports to shareholdersShareholders, Semi-Annual Reports on Form N-SAR and timely Rule 24f-2 Notices;
(f) Compile Compiling data for, prepare and preparing for execution and file filing, all reports or other documents, including tax returns, 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 Custodian or Transfer Agent);
(g) Assist Reviewing and providing advice with respect to all sales literature (advertisements, brochures and shareholder communications) for each of the Funds and any class or series thereof;
(h) Assisting in developing and monitoring compliance procedures for the each Fund and any class or series thereof, including, without limitation, procedures to monitor compliance with applicable law and regulations, the each Fund's investment objectives, policies and restrictions, its continued qualification as a regulated investment company under Subchapter M of the Internal Revenue Code of 1986, as amended (the "Code")amended, and other tax matters;
(hi) DetermineMonitoring the Company's arrangements with 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 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 the Company from time to time under the Agreements and the nature of the services provided by Organizations, and maintaining appropriate records in connection with such duties;
(j) 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 Administrator has established the servicing relationship on behalf of the Company. With respect to such Service Organizations, the 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 maintaining appropriate records in connection with such duties;
(k) Determining, together with the FundCompany's Board of Directors, the jurisdictions in which the FundCompany's shares shall be registered or qualified for sale and, in connection therewith, the Administrator shall be responsible for maintaining the registration for sale and maintenance of the registrations or qualification of shares for sale under the securities laws of any state. Payment of share registration fees and any fees for qualifying or continuing the qualification of Fund shares or the any Fund as a dealer or broker, if applicable, shall be made by the that Fund;
(il) Provide financial data Assisting to the extent requested by the Fund Company and its outside counsel;counsel with the preparation of the Company's Registration Statement on Form N-1A or any replacement therefor; and
(jm) Perform such other duties related to the administration of the Fund's operations as reasonably requested by the Board of Directors, from time to time;
(k) Assist Assisting in the monitoring of regulatory and legislative developments which may affect the Fund Company and, in response to such developments, counsel counseling and assist assisting the Fund Company in routine regulatory examinations or investigations of the FundCompany, and work working with outside counsel to the Fund Company in connection with regulatory matters or litigation. In performing its their duties as administrator co-administrators of the FundCompany, the Administrator Administrators (a) will act in accordance with the FundCompany's Charter, By-LawsBylaws, Prospectus, Statement of Additional Information Prospectus and the instructions and directions of the FundCompany'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 FundCompany, as necessary or appropriate. The Administrator Administrators will preserve for the periods prescribed by Rule 31a-2 under the 1940 Act the records required to be maintained by Rule 31a-1 under said Act in connection with the services required to be performed hereunder. The Administrator Administrators further agrees agree that all such records which it maintains they maintain for the Fund Company are the property of the Fund Company and further agrees agree to surrender promptly to the Fund Company any of such records upon the FundCompany's request.
Appears in 1 contract
Samples: Administration Agreement (Excelsior Tax Exempt Funds Inc)
Services and Duties. Subject to the supervision and control of ------------------- the Fund's Board of Directors, the Administrator agrees to assist in supervising aspects of the Fund's administrative operations, including but not limited notlimited to the performance of the following specific services for the Fund:
(a) Provide office facilities (which may be in the offices of the Administrator or a corporate affiliate of them, but shall be in such location as the Fund shall reasonably approve) and the services of a principal financial officer to be appointed by the Fund;
(b) Furnish statistical and research data, clerical services, and stationery and office supplies;
(c) Keep and maintain all financial accounts and records (other than those required to be maintained by the Fund's Custodian and Transfer Agent) including without limit those required under Section 31 (a) and Rule 31a-1 under the Investment Company Act of 1940 (the "1940 Act");
(d) Compute, and transmit to the NASD service for the publication of fund prices, the Fund's net asset value, net income and net capital gain (loss) in accordance with the Fund's Prospectus and resolutions of its Board of Directors;
(e) Compile data for, and prepare required reports and notices to shareholders of record including, without limitation, proxy statements, Semiannual and Annual Reports to shareholders;
(f) Compile data for, prepare for execution and file all reports or other documents, including tax returns, required by Federal, state and other applicable laws and regulations, including those required by applicable Federal and state tax laws (other than those required to be filed by the Fund's Custodian or Transfer Agent);
(g) Assist in developing and monitoring compliance procedures for the Fund and any class or series thereof, including, without limitation, procedures to monitor compliance with applicable law and regulations, the Fund's investment objectives, policies and restrictions, its continued qualification as a regulated investment company under Subchapter M of the Internal Revenue Code of 1986, as amended (the "Code");
(h) Determine, together with the Fund's Board of Directors, the jurisdictions in which the Fund's shares shall be registered or qualified for sale and, in connection therewith, the Administrator shall be responsible for the registration for sale and maintenance of the registrations of shares for sale under the securities laws of any state. Payment of share registration fees for qualifying or continuing the qualification of Fund shares or the Fund as a dealer or broker, if applicable, shall be made by the Fund;
(i) Provide financial data requested by the Fund and its outside counsel;
(j) Perform such other duties related to the administration of the Fund's operations as reasonably requested by the Board of Directors, from time to time;
(k) Assist in the monitoring of regulatory and legislative developments which may affect the Fund and, in response to such developments, counsel and assist the Fund in routine regulatory examinations or investigations of the Fund, and work with outside counsel to the Fund in connection with regulatory matters or litigation. In performing its duties as administrator of the Fund, the Administrator (a) will act in accordance with the Fund's Charter, By-Laws, Prospectus, Statement of Additional Information and the instructions and directions of the Fund'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, as necessary or appropriate. The Administrator will preserve for the periods prescribed by Rule 31a-2 under the 1940 Act the records required to be maintained by Rule 31a-1 under said Act in connection with the services required to be performed hereunder. The Administrator further agrees that all such records which it maintains for the Fund are the property of the Fund and further agrees to surrender promptly to the Fund any of such records upon the Fund's request.
Appears in 1 contract
Samples: Fund Accounting and Administration Agreement (Security Capital Real Estate Mutual Funds Inc)
Services and Duties. Subject to the supervision and control of ------------------- the FundCompany's Board of DirectorsTrustees, and as delineated on one or more Exhibit to the Agreement, the Administrator agrees Administrators agree to assist in supervising various aspects of the each Fund's administrative operations, including but not limited to the performance of the following specific services for the each Fund:
(a) Provide Providing office facilities (which may be in the offices of any of the Administrator Administrators or a corporate affiliate of any of them, but shall be in such location as the Fund Company shall reasonably approve) and the services of a principal financial officer to be appointed by the Fund);
(b) Furnish Furnishing statistical and research data, clerical services, and stationery and office supplies;
(c) Keep Keeping and maintain maintaining all financial accounts and records (other than those required to be maintained by the FundCompany's Custodian and Transfer Agent) including without limit those required under Section 31 (a) and Rule 31a-1 under the Investment Company Act of 1940 (the "1940 Act");
(d) Compute, and transmit to the NASD service for the publication of fund prices, the Computing each Fund's net asset value, net income and net capital gain (loss) in accordance with the FundCompany's Prospectus and resolutions of its Board of DirectorsTrustees;
(e) Compile Compiling data for, for and prepare preparing for execution and filing with the SEC required reports and notices to shareholders of record and the SEC including, without limitation, proxy statements, Semiannual Semi-Annual and Annual Reports to shareholdersShareholders, Semi-Annual Reports on Form N-SAR and timely Rule 24f-2 Notices;
(f) Compile Compiling data for, prepare and preparing for execution and file filing, all reports or other documents, including tax returns, 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 Custodian or Transfer Agent);
(g) Assist Reviewing and providing advice with respect to all sales literature (advertisements, brochures and shareholder communications) for each of the Funds and any class or series thereof;
(h) Assisting in developing and monitoring compliance procedures for the each Fund and any class or series thereof, including, without limitation, procedures to monitor compliance with applicable law and regulations, the each Fund's investment objectives, policies and restrictions, its continued qualification as a regulated investment company under Subchapter M of the Internal Revenue Code of 1986, as amended (the "Code")amended, and other tax matters;
(hi) DetermineMonitoring the Company's arrangements with respect to services provided by certain organizations ("Organizations") under its Distribution Plan. With respect to Organizations, the Administrators shall specifically monitor and review the services rendered under the 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 Organizations, assisting in the execution and delivery of Agreements, reporting to the Company's Board of Trustees with respect to the amounts paid or payable by the Company from time to time under the Agreements and the nature of the services provided by Organizations, and maintaining appropriate records in connection with such duties;
(j) Monitoring the Company's arrangements with respect to services provided by certain organizations ("Service Organizations") under its Administrative Services Plan, provided that each Administrator will only be responsible for monitoring arrangements with Service Organizations with whom the Administrator has established the servicing relationship on behalf of the Company. With respect to such Service Organizations, the 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 Trustees 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 maintaining appropriate records in connection with such duties;
(k) Determining, together with the FundCompany's Board of DirectorsTrustees, the jurisdictions in which the FundCompany's shares shall be registered or qualified for sale and, in connection therewith, the Administrator shall be responsible for maintaining the registration for sale and maintenance of the registrations or qualification of shares for sale under the securities laws of any state. Payment of share registration fees and any fees for qualifying or continuing the qualification of Fund shares or the any Fund as a dealer or broker, if applicable, shall be made by the that Fund;
(il) Provide financial data Assisting to the extent requested by the Fund Company and its outside counsel;counsel with the preparation of the Company's Registration Statement on Form N- 1A or any replacement therefor; and
(jm) Perform such other duties related to the administration of the Fund's operations as reasonably requested by the Board of Directors, from time to time;
(k) Assist Assisting in the monitoring of regulatory and legislative developments which may affect the Fund Company and, in response to such developments, counsel counseling and assist assisting the Fund Company in routine regulatory examinations or investigations of the FundCompany, and work working with outside counsel to the Fund Company in connection with regulatory matters or litigation. In performing its their duties as administrator co-administrators of the FundCompany, the Administrator Administrators (a) will act in accordance with the FundCompany's Charter, By-LawsBylaws, Prospectus, Statement of Additional Information Prospectus and the instructions and directions of the FundCompany's Board of Directors Trustees 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 FundCompany, as necessary or appropriate. The Administrator Administrators will preserve for the periods prescribed by Rule 31a-2 under the 1940 Act the records required to be maintained by Rule 31a-1 under said Act in connection with the services required to be performed hereunder. The Administrator Administrators further agrees agree that all such records which it maintains they maintain for the Fund Company are the property of the Fund Company and further agrees agree to surrender promptly to the Fund Company any of such records upon the FundCompany's request.
Appears in 1 contract
Samples: Administration Agreement (Excelsior Institutional Trust)
Services and Duties. Subject to the supervision and control of ------------------- the FundTrust's Board of DirectorsTrustees, and as delineated on one or more Exhibits to the Agreement, the Administrator agrees Administrators agree to assist in supervising various aspects of the each Fund's administrative operations, including but not limited to the performance of the following specific services for the each Fund:
(a) Provide Providing office facilities (which may be in the offices of any of the Administrator Administrators or a corporate affiliate of any of them, but shall be in such location as the Fund Trust shall reasonably approve) and the services of a principal financial officer to be appointed by the Fund);
(b) Furnish Furnishing statistical and research data, clerical services, and stationery and office supplies;
(c) Keep Keeping and maintain maintaining all financial accounts and records (other than those required to be maintained by the FundTrust's Custodian and Transfer Agent) including without limit those required under Section 31 (a) and Rule 31a-1 under the Investment Company Act of 1940 (the "1940 Act");
(d) Compute, and transmit to the NASD service for the publication of fund prices, the Computing each Fund's net asset value, net income and net capital gain (loss) in accordance with the FundTrust's Prospectus and resolutions of its Board of DirectorsTrustees;
(e) Compile Compiling data for, for and prepare preparing for execution and filing with the SEC required reports and notices to shareholders of record and the SEC including, without limitation, proxy statements, Semiannual Semi-Annual and Annual Reports to shareholdersShareholders, Semi-Annual Reports on Form N-SAR and timely Rule 24f-2 Notices;
(f) Compile Compiling data for, prepare and preparing for execution and file filing all reports or other documents, including tax returns, 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 FundTrust's Custodian or Transfer Agent);
(g) Assist Reviewing and providing advice with respect to all sales literature (advertisements, brochures and shareholder communications) for each of the Funds and any class or series thereof;
(h) Assisting in developing and monitoring compliance procedures for the each Fund and any class or series thereof, including, without limitation, procedures to monitor compliance with applicable law and regulations, the each Fund's investment objectives, policies and restrictions, its continued qualification as a regulated investment company under Subchapter M of the Internal Revenue Code of 1986, as amended (the "Code")amended, and other tax matters;
(hi) DetermineMonitoring the Trust's arrangements with respect to services provided by certain organizations which have entered into Shareholder Servicing Agreements with the Trust ("Shareholder Servicing Agents") provided that each Administrator will only be responsible for monitoring arrangements with Shareholder Servicing Agents with whom the Administrator has established the servicing relationship on behalf of the Trust. With respect to such Shareholder Servicing Agents, the Administrators shall specifically monitor and review the services rendered by organizations to their customers who are the beneficial owners of shares, pursuant to the Shareholder Servicing Agreements including, without limitation, reviewing the qualifications of financial institutions wishing to be Shareholder Servicing Agents, assisting in the execution and delivery of Shareholder Servicing Agreements, reporting to the Trust's Board of Trustees with respect to the amounts paid or payable by the Trust from time to time under the Shareholder Servicing Agreements and the nature of the services provided by such organizations, and maintaining appropriate records in connection with such duties;
(k) Determining, together with the FundTrust's Board of DirectorsTrustees, the jurisdictions in which the FundTrust's shares shall be registered or qualified for sale and, in connection therewith, the Administrator shall be responsible for maintaining the registration for sale and maintenance of the registrations or qualification of shares for sale under the securities laws of any state. Payment of share registration fees and any fees for qualifying or continuing the qualification of Fund shares or the any Fund as a dealer or broker, if applicable, shall be made by the that Fund;
(il) Provide financial data Assisting to the extent requested by the Fund Trust and its outside counsel;counsel with the preparation of the Trust's Registration Statement on Form N-1A or any supplements or amendments thereto; and
(jm) Perform such other duties related to the administration of the Fund's operations as reasonably requested by the Board of Directors, from time to time;
(k) Assist Assisting in the monitoring of regulatory and legislative developments which may affect the Fund Trust and, in response to such developments, counsel counseling and assist assisting the Fund Trust in routine regulatory examinations or investigations of the FundTrust, and work working with outside counsel to the Fund Trust in connection with regulatory matters or litigation. In performing its their duties as administrator co-administrators of the FundTrust, the Administrator Administrators (a) will act in accordance with the FundTrust's Charter, By-LawsBylaws, Prospectus, Statement of Additional Information Prospectus and the instructions and directions of the FundTrust's Board of Directors Trustees 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 FundTrust, as necessary or appropriate. The Administrator Administrators will preserve for the periods prescribed by Rule 31a-2 under the 1940 Act the records required to be maintained by Rule 31a-1 under said Act in connection with the services required to be performed hereunder. The Administrator Administrators further agrees agree that all such records which it maintains they maintain for the Fund Trust are the property of the Fund Trust and further agrees agree to surrender promptly to the Fund Trust any of such records upon the FundTrust's request.
Appears in 1 contract
Samples: Administration Agreement (Excelsior Institutional Trust)
Services and Duties. Subject to the supervision and control of the ------------------- the FundCompany's Board of Directors, and as delineated on one or more Exhibit to the Administrator agrees Agreement, the Administrators agree to assist in supervising various aspects of the each Fund's administrative operations, including but not limited to the performance of the following specific services for the each Fund:
(a) Provide Providing office facilities (which may be in the offices of any of the Administrator Administrators or a corporate affiliate of any of them, but shall be in such location as the Fund Company shall reasonably approve) and the services of a principal financial officer to be appointed by the Fund);
(b) Furnish Furnishing statistical and research data, clerical services, and stationery and office supplies;
(c) Keep Keeping and maintain maintaining all financial accounts and records (other than those required to be maintained by the FundCompany's Custodian and Transfer Agent) including without limit those required under Section 31 (a) and Rule 31a-1 under the Investment Company Act of 1940 (the "1940 Act");
(d) Compute, and transmit to the NASD service for the publication of fund prices, the Computing each Fund's net asset value, net income and net capital gain (loss) in accordance with the FundCompany's Prospectus and resolutions of its Board of Directors;
(e) Compile Compiling data for, for and prepare preparing for execution and filing with the SEC required reports and notices to shareholders of record and the SEC including, without limitation, proxy statements, Semiannual Semi-Annual and Annual Reports to shareholdersShareholders, Semi-Annual Reports on Form N-SAR and timely Rule 24f-2 Notices;
(f) Compile Compiling data for, prepare and preparing for execution and file filing all reports or other documents, including tax returns, 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 Custodian or Transfer Agent);
(g) Assist Reviewing and providing advice with respect to all sales literature (advertisements, brochures and shareholder communications) for each of the Funds and any class or series thereof;
(h) Assisting in developing and monitoring compliance procedures for the each Fund and any class or series thereof, including, without limitation, procedures to monitor compliance with applicable law and regulations, the each Fund's investment objectives, policies and restrictions, its continued qualification as a regulated investment company under Subchapter M of the Internal Revenue Code of 1986, as amended (the "Code")amended, and other tax matters;
(hi) DetermineMonitoring 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 Administrator has established the servicing relationship on behalf of the Company. With respect to such Service Organizations, the 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 maintaining appropriate records in connection with such duties;
(j) Determining, together with the FundCompany's Board of Directors, the jurisdictions in which the FundCompany's shares shall be registered or qualified for sale and, in connection therewith, the Administrator shall be responsible for maintaining the registration for sale and maintenance of the registrations or qualification of shares for sale under the securities laws of any state. Payment of share registration fees and any fees for qualifying or continuing the qualification of Fund shares or the any Fund as a dealer or broker, if applicable, shall be made by the that Fund;
(i) Provide financial data requested by the Fund and its outside counsel;
(j) Perform such other duties related to the administration of the Fund's operations as reasonably requested by the Board of Directors, from time to time;
(k) Assist Assisting to the extent requested by the Company and its outside counsel with the preparation of the Company's Registration Statement on Form N- 1A or any replacement therefor; and
(l) Assisting in the monitoring of regulatory and legislative developments which may affect the Fund Company and, in response to such developments, counsel counseling and assist assisting the Fund Company in routine regulatory examinations or investigations of the FundCompany, and work working with outside counsel to the Fund Company in connection with regulatory matters or litigation. In performing its their duties as administrator co-administrators of the FundCompany, the Administrator Administrators (a) will act in accordance with the FundCompany's Charter, By-LawsBylaws, Prospectus, Statement of Additional Information Prospectus and the instructions and directions of the FundCompany'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 FundCompany, as necessary or appropriate. The Administrator Administrators will preserve for the periods prescribed by Rule 31a-2 under the 1940 Act the records required to be maintained by Rule 31a-1 under said Act in connection with the services required to be performed hereunder. The Administrator Administrators further agrees agree that all such records which it maintains they maintain for the Fund Company are the property of the Fund Company and further agrees agree to surrender promptly to the Fund Company any of such records upon the FundCompany's request.
Appears in 1 contract
Services and Duties. Subject to the supervision and control of ------------------- the FundCompany's Board of DirectorsTrustees, and as delineated on one or more Exhibit to the Agreement, the Administrator agrees Administrators agree to assist in supervising various aspects of the each Fund's administrative operations, including but not limited to the performance of the following specific services for the each Fund:
(a) Provide Providing office facilities (which may be in the offices of any of the Administrator Administrators or a corporate affiliate of any of them, but shall be in such location as the Fund Company shall reasonably approve) and the services of a principal financial officer to be appointed by the Fund);
(b) Furnish Furnishing statistical and research data, clerical services, and stationery and office supplies;
(c) Keep Keeping and maintain maintaining all financial accounts and records (other than those required to be maintained by the FundCompany's Custodian and Transfer Agent) including without limit those required under Section 31 (a) and Rule 31a-1 under the Investment Company Act of 1940 (the "1940 Act");
(d) Compute, and transmit to the NASD service for the publication of fund prices, the Computing each Fund's net asset value, net income and net capital gain (loss) in accordance with the FundCompany's Prospectus and resolutions of its Board of DirectorsTrustees;
(e) Compile Compiling data for, for and prepare preparing for execution and filing with the SEC required reports and notices to shareholders of record and the SEC including, without limitation, proxy statements, Semiannual Semi-Annual and Annual Reports to shareholdersShareholders, Semi-Annual Reports on Form N-SAR and timely Rule 24f-2 Notices;
(f) Compile Compiling data for, prepare and preparing for execution and file filing, all reports or other documents, including tax returns, 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 Custodian or Transfer Agent);
(g) Assist Reviewing and providing advice with respect to all sales literature (advertisements, brochures and shareholder communications) for each of the Funds and any class or series thereof;
(h) Assisting in developing and monitoring compliance procedures for the each Fund and any class or series thereof, including, without limitation, procedures to monitor compliance with applicable law and regulations, the each Fund's investment objectives, policies and restrictions, its continued qualification as a regulated investment company under Subchapter M of the Internal Revenue Code of 1986, as amended (the "Code")amended, and other tax matters;
(hi) DetermineMonitoring the Company's arrangements with respect to services provided by certain organizations ("Organizations") under its Distribution Plan. With respect to Organizations, the Administrators shall specifically monitor and review the services rendered under the 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 Organizations, assisting in the execution and delivery of Agreements, reporting to the Company's Board of Trustees with respect to the amounts paid or payable by the Company from time to time under the Agreements and the nature of the services provided by Organizations, and maintaining appropriate records in connection with such duties;
(j) Monitoring the Company's arrangements with respect to services provided by certain organizations ("Service Organizations") under its Administrative Services Plan, provided that each Administrator will only be responsible for monitoring arrangements with Service Organizations with whom the Administrator has established the servicing relationship on behalf of the Company. With respect to such Service Organizations, the 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 Trustees 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 maintaining appropriate records in connection with such duties;
(k) Determining, together with the FundCompany's Board of DirectorsTrustees, the jurisdictions in which the FundCompany's shares shall be registered or qualified for sale and, in connection therewith, the Administrator shall be responsible for maintaining the registration for sale and maintenance of the registrations or qualification of shares for sale under the securities laws of any state. Payment of share registration fees and any fees for qualifying or continuing the qualification of Fund shares or the any Fund as a dealer or broker, if applicable, shall be made by the that Fund;
(il) Provide financial data Assisting to the extent requested by the Fund Company and its outside counsel;counsel with the preparation of the Company's Registration Statement on Form N-1A or any replacement therefor; and
(jm) Perform such other duties related to the administration of the Fund's operations as reasonably requested by the Board of Directors, from time to time;
(k) Assist Assisting in the monitoring of regulatory and legislative developments which may affect the Fund Company and, in response to such developments, counsel counseling and assist assisting the Fund Company in routine regulatory examinations or investigations of the FundCompany, and work working with outside counsel to the Fund Company in connection with regulatory matters or litigation. In performing its their duties as administrator co-administrators of the FundCompany, the Administrator Administrators (a) will act in accordance with the FundCompany's Charter, By-LawsBylaws, Prospectus, Statement of Additional Information Prospectus and the instructions and directions of the FundCompany's Board of Directors Trustees 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 FundCompany, as necessary or appropriate. The Administrator Administrators will preserve for the periods prescribed by Rule 31a-2 under the 1940 Act the records required to be maintained by Rule 31a-1 under said Act in connection with the services required to be performed hereunder. The Administrator Administrators further agrees agree that all such records which it maintains they maintain for the Fund Company are the property of the Fund Company and further agrees agree to surrender promptly to the Fund Company any of such records upon the FundCompany's request.
Appears in 1 contract
Samples: Administration Agreement (Excelsior Institutional Trust)
Services and Duties. Subject to the supervision and control of ------------------- the Fund's Board of Directors, the Administrator agrees to assist in supervising aspects of the Fund's administrative operations, including but not limited to the performance of the following specific services for the Fund:
(a) Provide office facilities (which may be in the offices of the Administrator or a corporate affiliate of them, but shall be in such location as the Fund shall reasonably approve) and the services of a principal financial officer to be appointed by the Fund;
(b) Furnish statistical and research data, clerical services, and stationery and office supplies;
(c) Keep and maintain all financial accounts and records (other than those required to be maintained by the Fund's Custodian and Transfer Agent) including without limit those required under Section 31 (a) and Rule 31a-1 under the Investment Company Act of 1940 (the "1940 Act");
(d) Compute, and transmit to the NASD service for the publication of fund prices, the Fund's net asset value, net income and net capital gain (loss) in accordance with the Fund's Prospectus and resolutions of its Board of Directors;
(e) Compile data for, and prepare required reports and notices to shareholders of record including, without limitation, proxy statements, Semiannual and Annual Reports to shareholders;
(f) Compile data for, prepare for execution and file all reports or other documents, including tax returns, required by Federal, state and other applicable laws and regulations, including those required by applicable Federal and state tax laws (other than those required to be filed by the Fund's Custodian or Transfer Agent);
(g) Assist in developing and monitoring compliance procedures for the Fund and any class or series thereof, including, without limitation, procedures to monitor compliance with applicable law and regulations, the Fund's investment objectives, policies and restrictions, its continued qualification as a regulated investment company under Subchapter M of the Internal Revenue Code of 1986, as amended (the "Code");
(h) Determine, together with the Fund's Board of Directors, the jurisdictions in which the Fund's shares shall be registered or qualified for sale and, in connection therewith, the Administrator shall be responsible for the registration for sale and maintenance of the registrations of shares for sale under the securities laws of any state. Payment of share registration fees for qualifying or continuing the qualification of Fund shares or the Fund as a dealer or broker, if applicable, shall be made by the Fund;
(i) Provide financial data requested by the Fund and its outside counsel;
(j) Perform such other duties related to the administration of the Fund's operations as reasonably requested by the Board of Directors, from time to time;
; (k) Assist in the monitoring of regulatory and legislative developments which may affect the Fund and, in response to such developments, counsel and assist the Fund in routine regulatory examinations or investigations of the Fund, and work with outside counsel to the Fund in connection with regulatory matters or litigation. In performing its duties as administrator of the Fund, the Administrator (a) will act in accordance with the Fund's Charter, By-Laws, Prospectus, Statement of Additional Information and the instructions and directions of the Fund'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, as necessary or appropriate. The Administrator will preserve for the periods prescribed by Rule 31a-2 under the 1940 Act the records required to be maintained by Rule 31a-1 under said Act in connection with the services required to be performed hereunder. The Administrator further agrees that all such records which it maintains for the Fund are the property of the Fund and further agrees to surrender promptly to the Fund any of such records upon the Fund's request.
Appears in 1 contract
Samples: Fund Accounting and Administration Agreement (Security Capital Employee Reit Fund Inc)
Services and Duties. Subject to the supervision and control of ------------------- the FundCompany's Board of Directors, and as delineated on one or more Exhibits to the Administrator agrees Agreement, the Administrators agree to assist in supervising various aspects of the each Fund's administrative operations, including but not limited to the performance of the following specific services for the each Fund:
(a) Provide Providing office facilities (which may be in the offices of any of the Administrator Administrators or a corporate affiliate of any of them, but shall be in such location as the Fund Company shall reasonably approve) and the services of a principal financial officer to be appointed by the Fund);
(b) Furnish Furnishing statistical and research data, clerical services, and stationery and office supplies;
(c) Keep Keeping and maintain maintaining all financial accounts and records (other than those required to be maintained by the FundCompany's Custodian and Transfer Agent) including without limit those required under Section 31 (a) and Rule 31a-1 under the Investment Company Act of 1940 (the "1940 Act");
(d) Compute, and transmit to the NASD service for the publication of fund prices, the Computing each Fund's net asset value, net income and net capital gain (loss) in accordance with the FundCompany's Prospectus and resolutions of its Board of Directors;
(e) Compile Compiling data for, for and prepare preparing for execution and filing with the SEC required reports and notices to shareholders of record and the SEC including, without limitation, proxy statements, Semiannual Semi-Annual and Annual Reports to shareholdersShareholders, Semi-Annual Reports on Form N-SAR and timely Rule 24f-2 Notices;
(f) Compile Compiling data for, prepare and preparing for execution and file filing all reports or other documents, including tax returns, 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 Custodian or Transfer Agent);
(g) Assist Reviewing, providing advice with respect to, and filing with the National Association of Securities Dealers, Inc. all sales literature (advertisements, brochures and shareholder communications) for each of the Funds and any class or series thereof;
(h) Assisting in developing and monitoring secondary compliance procedures for the each Fund and any class or series thereof, including, without limitation, procedures to monitor compliance on a secondary basis with applicable law and regulations, the each Fund's investment objectives, policies and restrictions, its continued qualification as a regulated investment company under Subchapter M of the Internal Revenue Code of 1986, as amended (amended, and other tax matters, it being understood that the "Code")services provided by the Administrators pursuant to this paragraph are not intended and do not supplant the Funds' advisers' compliance obligations, and the Administrators are not liable for compliance violations resulting from the acts or omissions of the Funds' adviser;
(hi) DetermineMonitoring 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 Administrator has established the servicing relationship on behalf of the Company. With respect to such Service Organizations, the 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 maintaining appropriate records in connection with such duties;
(j) Determining, together with the FundCompany's Board of Directors, the jurisdictions in which the FundCompany's shares shall be registered or qualified for sale and, in connection therewith, the Administrator shall be responsible for maintaining the registration for sale and maintenance of the registrations or qualification of shares for sale under the securities laws of any state. Payment of share registration fees and any fees for qualifying or continuing the qualification of Fund shares or the any Fund as a dealer or broker, if applicable, shall be made by the that Fund;
(i) Provide financial data requested by the Fund and its outside counsel;
(j) Perform such other duties related to the administration of the Fund's operations as reasonably requested by the Board of Directors, from time to time;
(k) Assist Assisting to the extent requested by the Company and its outside counsel with the preparation of the Company's Registration Statement on Form N- 1A or any replacement therefor; and
(l) Assisting in the monitoring of regulatory and legislative developments which may affect the Fund Company and, in response to such developments, counsel counseling and assist assisting the Fund Company in routine regulatory examinations or investigations of the FundCompany, and work working with outside counsel to the Fund Company in connection with regulatory matters or litigation. In addition, the parties shall also provide the services set forth in the Exhibits to this Agreement. In performing its their duties as administrator co-administrators of the FundCompany, the Administrator Administrators (a) will act in accordance with the FundCompany's Charter, By-LawsBylaws, Prospectus, Statement of Additional Information Prospectus and the instructions and directions of the FundCompany'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 FundCompany, as necessary or appropriate. The Administrator Administrators will preserve for the periods prescribed by Rule 31a-2 under the 1940 Act the records required to be maintained by Rule 31a-1 under said Act in connection with the services required to be performed hereunder. The Administrator Administrators further agrees agree that all such records which it maintains they maintain for the Fund Company are the property of the Fund Company and further agrees agree to surrender promptly to the Fund Company any of such records upon the FundCompany's request.
Appears in 1 contract
Samples: Fund Accounting and Administration Agreement (Excelsior Funds Inc)
Services and Duties. Subject to the supervision and control of ------------------- the Fund's Board of Directors, the Administrator agrees to assist in supervising aspects of the Fund's administrative operations, including but not limited to the performance of the following specific services for the Fund:
(a) Provide office facilities (which may be in the offices of the Administrator or a corporate affiliate of them, but shall be in such location as the Fund shall reasonably approve) and the services of a principal financial officer to be appointed by the Fund;
(b) Furnish statistical and research data, clerical services, and stationery and office supplies;
(c) Keep and maintain all financial accounts and records (other than those required to be maintained by the Fund's Custodian and Transfer Agent) including without limit those required under Section 31 (a) and Rule 31a-1 under the Investment Company Act of 1940 (the "1940 Act");
(d) Compute, and transmit to the NASD service for the publication of fund prices, the Fund's net asset value, net income and net capital gain (loss) in accordance with the Fund's Prospectus and resolutions of its Board of Directors;
(e) Compile data for, and prepare required reports and notices to shareholders of record including, without limitation, proxy statements, Semiannual and Annual Reports to shareholders;
(f) Compile data for, prepare for execution and file all reports or other documents, including tax returns, required by Federal, state and other applicable laws and regulations, including those required by applicable Federal and state tax laws (other than those required to be filed by the Fund's Custodian or Transfer Agent);
(g) Assist in developing and monitoring compliance procedures for the Fund and any class or series thereof, including, without limitation, procedures to monitor compliance with applicable law and regulations, the Fund's investment objectives, policies and restrictions, its continued qualification as a regulated investment company under Subchapter M of the Internal Revenue Code of 1986, as amended (the "Code");
(h) Determine, together with the Fund's Board of Directors, the jurisdictions in which the Fund's shares shall be registered or qualified for sale and, in connection therewith, the Administrator shall be responsible for the registration for sale and maintenance of the registrations of shares for sale under the securities laws of any state. Payment of share registration fees for qualifying or continuing the qualification of Fund shares or the Fund as a dealer or broker, if applicable, shall be made by the Fund;
(i) Provide financial data requested by the Fund and its outside counsel;
(j) Perform such other duties related to the administration of the Fund's operations as reasonably requested by the Board of Directors, from time to time;
(k) Assist in the monitoring of regulatory and legislative developments which may affect the Fund and, in response to such developments, counsel and assist the Fund in routine regulatory examinations or investigations of the Fund, and work with outside counsel to the Fund in connection with regulatory matters or litigation. In performing its duties as administrator of the Fund, the Administrator (a) will act in accordance with the Fund's Charter, By-LawsBylaws, Prospectus, Statement of Additional Information and the instructions and directions of the Fund'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, as necessary or appropriate. The Administrator will preserve for the periods prescribed by Rule 31a-2 under the 1940 Act the records required to be maintained by Rule 31a-1 under said Act in connection with the services required to be performed hereunder. The Administrator further agrees that all such records which it maintains for the Fund are the property of the Fund and further agrees to surrender promptly to the Fund any of such records upon the Fund's request.
Appears in 1 contract
Samples: Fund Accounting and Administration Agreement (Security Capital Employee Reit Fund Inc)
Services and Duties. Subject to the supervision and control of the ------------------- the Fund's Board of Directors, the Administrator agrees to assist in supervising aspects of the Fund's administrative operations, including but not limited to the performance of the following specific services for the Fund:
(a) Provide office facilities (which may be in the offices of the Administrator or a corporate affiliate of them, but shall be in such location as the Fund shall reasonably approve) and the services of a principal financial officer to be appointed by the Fund;
(b) Furnish statistical and research data, clerical services, and stationery and office supplies;
; (c) Keep and maintain all financial accounts and records (other than those required to be maintained by the Fund's Custodian and Transfer Agent) including without limit those required under Section 31 (a31(a) and Rule 31a-1 3la-1 under the Investment Company Act of 1940 (the "1940 Act");
(d) Compute, and transmit to the NASD service for the publication of fund prices, the Fund's net asset value, net income and net capital gain (loss) in accordance with the Fund's Prospectus and resolutions of its Board of Directors;
(e) Compile data for, and prepare required reports and notices to shareholders of record including, without limitation, proxy statements, Semiannual and Annual Reports to shareholders;
(f) Compile data for, prepare for execution and file all reports or other documents, including tax returns, required by Federal, state and other applicable laws and regulations, including those required by applicable Federal and state tax laws (other than those required to be filed by the Fund's Custodian or Transfer Agent);
(g) Assist in developing and monitoring compliance procedures for the Fund and any class or series thereof, including, without limitation, procedures to monitor compliance with applicable law and regulations, the Fund's investment objectives, policies and restrictions, its continued qualification as a regulated investment company under Subchapter M of the Internal Revenue Code of 1986, as amended (the "Code");
(h) Determine, together with the Fund's Board of Directors, the jurisdictions in which the Fund's shares shall be registered or qualified for sale and, in connection therewith, the Administrator shall be responsible for the registration for sale and maintenance of the registrations of shares for sale under the securities laws of any state. Payment of share registration fees for qualifying or continuing the qualification of Fund shares or the Fund as a dealer or broker, if applicable, shall be made by the Fund;
(i) Provide financial data requested by the Fund and its outside counsel;
(j) Perform such other duties related to the administration of the Fund's operations as reasonably requested by the Board of Directors, from time to time;
(k) Assist in the monitoring of regulatory and legislative developments which may affect the Fund and, in response to such developments, counsel and assist the Fund in routine regulatory examinations or investigations of the Fund, and work with outside counsel to the Fund in connection with regulatory matters or litigation. In performing its duties as administrator of the Fund, the Administrator (a) will act in accordance with the Fund's Charter, By-LawsBylaws, Prospectus, Statement of Additional Information and the instructions and directions of the Fund'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, as necessary or appropriate. The Administrator will preserve for the periods prescribed by Rule 31a-2 under the 1940 Act the records required to be maintained by Rule 31a-1 under said Act in connection with the services required to be performed hereunder. The Administrator further agrees that all such records which it maintains for the Fund are the property of the Fund and further agrees to surrender promptly to the Fund any of such records upon the Fund's request.
Appears in 1 contract
Samples: Fund Accounting and Administration Agreement (Security Capital U S Real Estate Shares Inc)
