Shareholder Information and Imposition of Trading Restrictions. 5.1 Insurance Company agrees to provide promptly, but not later than ten Business Days, to the Participating Fund, upon Written request, the taxpayer identification number (“TIN”), the Individual/International Taxpayer Identification Number (“ITIN”) or other government-issued identifier (“GII”), if known, of any or all Contractholder(s) who have purchased, redeemed, transferred or exchanged Shares held through a Separate Account with Insurance Company during the period covered by the request and the amount, date, name or other identifier of any investment professional(s) associated with the Contractholder(s) or the Separate Account (if known), and transaction type (purchase, redemption, transfer or exchange) of every purchase, redemption, transfer or exchange of Shares. To the extent practicable, the format for any transaction information provided to the Participating Fund should be consistent with the National Securities Clearing Corporation Standardized Data Reporting Format. Unless otherwise specifically requested by the Participating Fund, the Insurance Company shall only be required to provide information relating to Contractholder Initiated Transfer Purchases or Contractholder Initiated Redemptions. 5.2 Requests must set forth a specific period, not to exceed ninety days from the date of the request, for which transaction information is sought. The Participating Fund may request transaction data older than ninety days from the date of the request as it deems necessary to investigate compliance with policies established by the Participating Fund for the purpose of eliminating or reducing dilution to the value of the outstanding Shares issued by the Participating Fund. 5.3 Insurance Company agrees to use best efforts to determine, promptly upon request of the Participating Fund, but not later than ten days, whether any person that holds Shares through Insurance Company or its Separate Account is an “indirect intermediary “as defined in Rule 22c-2 under the 1940 Act (an “Indirect Intermediary”), and upon further request of the Participating Fund, (i) provide or arrange to have provided the information set forth in Section 5.1 of this Article V regarding Contractholders who hold an account with an Indirect Intermediary; or (ii) restrict or prohibit the Indirect Intermediary from purchasing Shares on behalf of itself or other persons. Insurance Company agrees to inform the Participating Fund whether Insurance Company plans to perform (i) or (ii). 5.4 MBSC agrees not to use the information received under this Article V for marketing or any other similar purpose without the prior Written consent of Insurance Company. 5.5 Insurance Company agrees to execute Written instructions from the Participating Fund to restrict or prohibit further purchases or exchanges of Shares by a Contractholder who has been identified by the Participating Fund as having engaged in transactions of Shares (directly or indirectly through a Separate Account) that violate the policies established by the Participating Fund for the purpose of eliminating or reducing any dilution of the value of its Shares. Unless otherwise directed by the Participating Fund, any such restrictions or prohibitions shall only apply to Contractholder Initiated Transfer Purchased or Contractholder Initiated Transfer Redemptions that are affected directly or indirectly through the Insurance Company. 5.6 Instructions provided to Insurance Company will include the TIN, ITIN or GII, if known, and the specific restriction(s) to be executed. If the TIN, ITIN or GII is not known, the instructions will include an equivalent identifying number of the Contractholder(s) or account(s) or other agreed-upon information to which the instructions relates. 5.7 Insurance Company must provide Written confirmation to the Participating Fund that instructions have been executed. Insurance Company agrees to provide the confirmation as soon as reasonably practicable, but not later than ten Business Days after the instructions have been executed. 5.8 For purposes of this Article V only,
Appears in 6 contracts
Samples: Fund Participation Agreement (Pacific Select Exec Separate Account of Pacific Life & Annui), Fund Participation Agreement (Pacific Select Exec Separate Acct Pacific Life Ins), Fund Participation Agreement (Pacific Select Exec Separate Acct Pacific Life Ins)
Shareholder Information and Imposition of Trading Restrictions. 5.1 Insurance Company agrees to provide promptly, but not later than ten Business Days, to the Participating Fund, upon Written request, the taxpayer identification number (“TIN”), the Individual/International Taxpayer Identification Number (“ITIN”) or other government-issued identifier (“GII”), if known, of any or all Contractholder(s) who have purchased, redeemed, transferred or exchanged Shares held through a Separate Account with Insurance Company during the period covered by the request and the amount, date, name or other identifier of any investment professional(s) associated with the Contractholder(s) or the Separate Account (if known), and transaction type (purchase, redemption, transfer or exchange) of every purchase, redemption, transfer or exchange of Shares. To the extent practicable, the format for any transaction information provided to the Participating Fund should be consistent with the National Securities Clearing Corporation Standardized Data Reporting Format. Unless otherwise specifically requested by the Participating Fund, the Insurance Company shall only be required to provide information relating to Contractholder Initiated Transfer Purchases or Contractholder Initiated Redemptions.
5.2 Requests must set forth a specific period, not to exceed ninety days from the date of the request, for which transaction information is sought. The Participating Fund may request transaction data older than ninety days from the date of the request as it deems necessary to investigate compliance with policies established by the Participating Fund for the purpose of eliminating or reducing dilution to the value of the outstanding Shares issued by the Participating Fund.
5.3 Insurance Company agrees to use best efforts to determine, promptly upon request of the Participating Fund, but not later than ten days, whether any person that holds Shares through Insurance Company or its Separate Account is an “indirect intermediary “intermediary” as defined in Rule 22c-2 under the 1940 Act (an “Indirect Intermediary”), and upon further request of the Participating Fund, (i) provide or arrange to have provided the information set forth in Section 5.1 of this Article V regarding Contractholders who hold an account with an Indirect Intermediary; or (ii) restrict or prohibit the Indirect Intermediary from purchasing Shares on behalf of itself or other persons. Insurance Company agrees to inform the Participating Fund whether Insurance Company plans to perform (i) or (ii).
5.4 MBSC agrees not to use the information received under this Article V for marketing or any other similar purpose without the prior Written consent of Insurance Company.
5.5 Insurance Company agrees to execute Written instructions from the Participating Fund to restrict or prohibit further purchases or exchanges of Shares by a Contractholder who has been identified by the Participating Fund as having engaged in transactions of Shares (directly or indirectly through a Separate Account) that violate the policies established by the Participating Fund for the purpose of eliminating or reducing any dilution of the value of its Shares. Unless otherwise directed by the Participating Fund, any such restrictions or prohibitions shall only apply to Contractholder Initiated Transfer Purchased or Contractholder Initiated Transfer Redemptions that are affected directly or indirectly through the Insurance Company.
5.6 Instructions provided to Insurance Company will include the TIN, ITIN or GII, if known, and the specific restriction(s) to be executed. If the TIN, ITIN or GII is not known, the instructions will include an equivalent identifying number of the Contractholder(s) or account(s) or other agreed-upon information to which the instructions relatesrelate.
5.7 Insurance Company must provide Written confirmation to the Participating Fund that instructions have been executed. Insurance Company agrees to provide the confirmation as soon as reasonably practicable, but not later than ten Business Days after the instructions have been executed.
5.8 For purposes of this Article V only,
Appears in 1 contract
Samples: Fund Participation Agreement (Jefferson National Life of New York Annuity Account 1)
Shareholder Information and Imposition of Trading Restrictions. 5.1 Insurance Company agrees to provide promptly, but not later than ten Business Days10 business days, to the Participating Fund, upon Written requestrequest to the Chief Compliance Officer of the Separate Accounts and his/her designee, the taxpayer identification number (“TIN”), the Individual/International Taxpayer Identification Number (“ITIN”) or other government-issued identifier (“GII”), if known, of any or all Contractholder(s) who have purchased, redeemed, transferred or exchanged Shares held through a Separate Account with Insurance Company during the period covered by the request and the amount, date, name or other identifier of any investment professional(s) associated with the Contractholder(s) or the Separate Account (if known), and transaction type (purchase, redemption, transfer or exchange) of every purchase, redemption, transfer or exchange of Shares. To the extent practicable, the format for any transaction information provided to the Participating Fund should be consistent with the National Securities Clearing Corporation NSCC Standardized Data Reporting Format. Unless otherwise specifically requested by the Participating Fund, the Insurance Company shall only be required will provide to provide Dreyfus in writing from time to time contact information relating to Contractholder Initiated Transfer Purchases or Contractholder Initiated Redemptionsfor the Chief Compliance Officer and his/her designee.
5.2 Requests must set forth a specific period, not to exceed ninety 90 days from the date of the request, for which transaction information is sought. The Participating Fund may request transaction data older than ninety 90 days from the date of the request as it deems necessary to investigate compliance with policies established by the Participating Fund for the purpose of eliminating or reducing dilution to the value of the outstanding Shares issued by the Participating Fund.
5.3 Insurance Company agrees to use best efforts to determine, promptly upon request of the Participating Fund, but not later than ten 10 days, whether any person that holds Shares through Insurance Company or its Separate Account is an “"indirect intermediary “"as defined in Rule 22c-2 under the 1940 Act (an “Indirect Intermediary”), and upon further request of the Participating Fund, (i) provide or arrange to have provided the information set forth in Section paragraph 5.1 of this Article V article regarding Contractholders who hold an account with an Indirect Intermediary; or (ii) restrict or prohibit the Indirect Intermediary from purchasing Shares on behalf of itself or other persons. Insurance Company agrees to inform the Participating Fund whether Insurance Company plans to perform (i) or (ii).
5.4 MBSC agrees not to use the information received under this Article V for marketing or any other similar purpose without other than as necessary to comply with the prior Written consent provisions of Insurance CompanyRule 22c-2 or to fulfill other regulatory or legal requirements, subject to the privacy provisions of Title V of the Xxxxx-Xxxxx-Xxxxxx Act (Public Law 106-102) and applicable comparable state laws.
5.5 Insurance Company agrees to execute Written instructions received by the Chief Compliance Officer of the Separate Accounts and his/her designee from the Participating Fund to restrict or prohibit further purchases or exchanges of Shares by a Contractholder who has been identified by the Participating Fund as having engaged in transactions of Shares (directly or indirectly through a Separate Account) that violate the policies established by the Participating Fund for the purpose of eliminating or reducing any dilution of the value of its Shares. Unless otherwise directed by the Participating Fund, any such restrictions or prohibitions shall only apply to Contractholder Initiated Transfer Purchased or Contractholder Initiated Transfer Redemptions that are affected directly or indirectly through the Insurance Company.
5.6 Instructions provided to Insurance Company the Chief Compliance Officer of the Separate Accounts and his/her designee will include the TIN, ITIN or GII, if known, and the specific restriction(s) to be executed. If the TIN, ITIN or GII TIN is not known, the instructions will include an equivalent identifying number of the Contractholder(s) or account(s) or other agreed-upon information to which the instructions relates.
5.7 Insurance Company must provide Written confirmation to the Participating Fund that instructions have been executed. Insurance Company agrees to provide the confirmation as soon as reasonably practicable, but not later than ten Business Days 10 business days after the instructions have been executed.
5.8 For purposes of this Article V only,, “Written” communications include electronic communications and facsimile transmissions.
5.9 For purposes of this Article only, the term “Participating Fund” does not include any “excepted funds” as defined in Rule 22c-2(b) under the Investment Company Act of 1940 (the “1940 Act”).
5.10 For purposes of this Article only, the term “Contractholder” shall include, as applicable, (a) the beneficial owner of Shares, whether the Shares are held directly by Contractholder or by Insurance Company in nominee name; (b) a Separate Account unit holder, notwithstanding that the Separate Account may be deemed to be the beneficial owner of Shares; or (c) the holder of interests in a Participating Fund underlying a variable annuity or variable life insurance contract.
Appears in 1 contract
Samples: Fund Participation Agreement (Allianz Life of Ny Variable Account C)
Shareholder Information and Imposition of Trading Restrictions. 5.1 Insurance Company agrees to provide promptly, but not later than ten Business Days, to the Participating Fund, upon Written request, the taxpayer identification number (“TIN”), the Individual/International Taxpayer Identification Number (“ITIN”) or other government-issued identifier (“GII”), if known, of any or all Contractholder(s) who have purchased, redeemed, transferred or exchanged Shares held through a Separate Account with Insurance Company during the period covered by the request and the amount, date, name or other identifier of any investment professional(s) associated with the Contractholder(s) or the Separate Account (if known), and transaction type (purchase, redemption, transfer or exchange) of every purchase, redemption, transfer or exchange of Shareholder-Initiated Transaction in Shares. To the extent practicable, the format for any transaction Shareholder-Initiated Transaction information provided to the Participating Fund should be consistent with the National Securities Clearing Corporation Standardized Data Reporting Format. Unless otherwise specifically requested by the Participating Fund, the Insurance Company shall only be required to provide information relating to Contractholder Initiated Transfer Purchases or Contractholder Initiated Redemptions.
5.2 Requests must set forth a specific period, not to exceed ninety days from the date of the request, for which transaction Shareholder-Initiated Transaction information is sought. The Participating Fund may request transaction Shareholder-Initiated Transaction data older than ninety days from the date of the request as it deems necessary to investigate compliance with policies established by the Participating Fund for the purpose of eliminating or reducing dilution to the value of the outstanding Shares issued by the Participating Fund.
5.3 Insurance Company agrees to use best efforts to determine, promptly upon request of the Participating Fund, but not later than ten days, whether any person that holds Shares through Insurance Company or its Separate Account is an “indirect intermediary “intermediary” as defined in Rule 22c-2 under the 1940 Act (an “Indirect Intermediary”), and upon further request of the Participating Fund, (i) provide or arrange to have provided the information set forth in Section 5.1 of this Article V regarding Contractholders who hold an account with an Indirect Intermediary; or (ii) restrict or prohibit the Indirect Intermediary from purchasing Shares on behalf of itself or other persons. Insurance Company agrees to inform the Participating Fund whether Insurance Company plans to perform (i) or (ii).
5.4 MBSC agrees not to use the Shareholder-Initiated Transaction information received under this Article V for marketing or any other similar purpose without the prior Written consent of Insurance Company.
5.5 Insurance Company agrees to execute Written instructions from the Participating Fund to restrict or prohibit further purchases or exchanges of Shares Shareholder-Initiated Transactions by a Contractholder who has been identified by the Participating Fund as having engaged in transactions of Shares (directly or indirectly through a Separate Account) that violate the policies established by the Participating Fund for the purpose of eliminating or reducing any dilution of the value of its Shares. Unless otherwise directed by the Participating Fund, any such restrictions or prohibitions shall only apply to Contractholder Initiated Transfer Purchased or Contractholder Initiated Transfer Redemptions that are affected directly or indirectly through the Insurance Company.
5.6 Instructions provided to Insurance Company will include the TIN, ITIN or GII, if known, and the specific restriction(s) to be executed. If the TIN, ITIN or GII is not known, the instructions will include an equivalent identifying number of the Contractholder(s) or account(s) or other agreed-upon information to which the instructions relatesrelate.
5.7 Insurance Company must provide Written confirmation to the Participating Fund that instructions have been executed. Insurance Company agrees to provide the confirmation as soon as reasonably practicable, but not later than ten Business Days after the instructions have been executed.
5.8 For purposes of this Article V only,
Appears in 1 contract
Shareholder Information and Imposition of Trading Restrictions. 5.1 Insurance Company agrees (a) We agree to provide promptly, but not later than ten Business Days10 business days, to the Participating Fund, upon Written request, the taxpayer identification number (“TIN”), the Individual/International Taxpayer Identification Number (“ITIN”) or other government-issued identifier (“GII”), if known, of any or all Contractholder(sShareholder(s) who have purchased, redeemed, transferred or exchanged Shares held through a Separate Account an account with Insurance Company the
7/01 Intermediary (an "Account") during the period covered by the request and the amount, date, name or other identifier of any investment professional(s) associated with the Contractholder(sShareholder(s) or the Separate Account (if known), and transaction type (purchase, redemption, transfer or exchange) of every purchase, redemption, transfer or exchange of Shares. To the extent practicable, the format for any transaction information provided to the Participating Fund should be consistent with the National Securities Clearing Corporation NSCC Standardized Data Reporting Format. Unless otherwise specifically requested by the Participating Fund, the Insurance Company shall only be required to provide information relating to Contractholder Initiated Transfer Purchases or Contractholder Initiated Redemptions.
5.2 Requests i. You agree that requests must set forth a specific period, not to exceed ninety 90 days from the date of the request, for which transaction information is sought. The Participating Fund may request transaction data older than ninety 90 days from the date of the request as it deems necessary to investigate compliance with policies established by the Participating Fund for the purpose of eliminating or reducing dilution to the value of the outstanding Shares shares issued by the Participating Fund.
5.3 Insurance Company agrees ii. We agree to use best efforts to determine, promptly upon request of the Participating Fund, but not later than ten 10 days, whether any person that holds Shares through Insurance Company or its Separate Account us is an “"indirect intermediary “"as defined in Rule 22c-2 under the 1940 Act (an “Indirect Intermediary”), and upon further request of the Participating Fund, (i) provide or arrange to have provided the information set forth in Section 5.1 section 11(a) of this Article V Agreement regarding Contractholders Shareholders who hold an account with an Indirect Intermediary; or (ii) restrict or prohibit the Indirect Intermediary from purchasing Shares on behalf of itself or other persons. Insurance Company agrees to inform the Participating Fund whether Insurance Company plans to perform (i) or (ii).
5.4 MBSC agrees iii. You agree not to use the information received under pursuant to this Article V Section 11 for marketing or any purpose other similar purpose than the purposes outlined herein without the our prior Written consent of Insurance Companyconsent.
5.5 Insurance Company agrees (b) We agree to execute Written instructions from the Participating Fund to restrict or prohibit further purchases or exchanges of Shares by a Contractholder who Shareholder that has been identified by the Participating Fund as having engaged in transactions of Shares (directly or indirectly through a Separate an Account) that violate the policies established by the Participating Fund for the purpose of eliminating or reducing any dilution of the value of its Shares. Unless otherwise directed by We agree to execute instructions as soon as reasonably practical but not later than 5 business days after receipt of the Participating instructions from the Fund, any such restrictions or prohibitions shall only apply to Contractholder Initiated Transfer Purchased or Contractholder Initiated Transfer Redemptions that are affected directly or indirectly through the Insurance Company.
5.6 (c) Instructions provided to Insurance Company us will include the TIN, ITIN or GII, if known, and the specific restriction(s) to be executed. If the TIN, ITIN or GII TIN is not known, the instructions will include an equivalent identifying number of the Contractholder(sShareholder(s) or account(s) or other agreed-agreed upon information to which the instructions relates.
5.7 Insurance Company (d) We must provide Written confirmation to the Participating Fund that instructions have been executed. Insurance Company agrees We agree to provide the confirmation as soon as reasonably practicable, but not later than ten Business Days business days after the instructions have been executed.
5.8 (e) For purposes of this Article V only,Section 11, the following definitions apply:
Appears in 1 contract
Shareholder Information and Imposition of Trading Restrictions. 5.1 Insurance Company agrees to provide promptly, but not later than ten Business Days, to the Participating Fund, upon Written request, the taxpayer identification number (“TIN”), the Individual/International Taxpayer Identification Number (“ITIN”) or other government-issued identifier (“GII”), if known, of any or all Contractholder(s) who have purchased, redeemed, transferred or exchanged Shares held through a Separate Account with Insurance Company during the period covered by the request and the amount, date, name or other identifier of any investment professional(s) associated with the Contractholder(s) or the Separate Account (if known), and transaction type (purchase, redemption, transfer or exchange) of every purchase, redemption, transfer or exchange of Shares. To the extent practicable, the format for any transaction information provided to the Participating Fund should be consistent with the National Securities Clearing Corporation Standardized Data Reporting Format. Unless otherwise specifically requested by the Participating Fund, the Insurance Company shall only be required to provide information relating to Contractholder Initiated Transfer Purchases or Contractholder Initiated Redemptions.
5.2 Requests must set forth a specific period, not to exceed ninety days from the date of the request, for which transaction information is sought. The Participating Fund may request transaction data older than ninety days from the date of the request as it deems necessary to investigate compliance with policies established by the Participating Fund for the purpose of eliminating or reducing dilution to the value of the outstanding Shares issued by the Participating Fund.
5.3 Insurance Company agrees to use best efforts to determine, promptly upon request of the Participating Fund, but not later than ten days, whether any person that holds Shares through Insurance Company or its Separate Account is an “indirect intermediary “intermediary“ as defined in Rule 22c-2 under the 1940 Act (an “Indirect Intermediary”), and upon further request of the Participating Fund, (i) provide or arrange to have provided the information set forth in Section 5.1 of this Article V regarding Contractholders who hold an account with an Indirect Intermediary; or (ii) restrict or prohibit the Indirect Intermediary from purchasing Shares on behalf of itself or other persons. Insurance Company agrees to inform the Participating Fund whether Insurance Company plans to perform (i) or (ii).
5.4 MBSC agrees not to use the information received under this Article V for marketing or any other similar purpose without the prior Written consent of Insurance Company.
5.5 Insurance Company agrees to execute Written instructions from the Participating Fund to restrict or prohibit further purchases or exchanges of Shares by a Contractholder who has been identified by the Participating Fund as having engaged in transactions frequent trading of Shares (directly or indirectly through a Separate Account) that violate as defined in the policies established by the Participating Fund for the purpose of eliminating or reducing any dilution of the value of its Shares. Unless otherwise directed by the Participating Fund, any such restrictions or prohibitions shall only apply to Contractholder Initiated Transfer Purchased or Contractholder Initiated Transfer Redemptions that are affected directly or indirectly through the Insurance CompanyProspectus.
5.6 Instructions provided to Insurance Company will include the TIN, ITIN or GII, if known, and the specific restriction(s) to be executed. If the TIN, ITIN or GII is not known, the instructions will include an equivalent identifying number of the Contractholder(s) or account(s) or other agreed-upon information to which the instructions relatesrelate.
5.7 Insurance Company must provide Written confirmation to the Participating Fund that instructions have been executed. Insurance Company agrees to provide the confirmation as soon as reasonably practicable, but not later than ten Business Days after the instructions have been executed.
5.8 For purposes of this Article V only,
Appears in 1 contract
Samples: Fund Participation Agreement (MEMBERS Horizon Variable Separate Account)
Shareholder Information and Imposition of Trading Restrictions. 5.1 Insurance Company agrees (a) We agree to provide promptly, but not later than ten Business Days10 business days, to the Participating Fund, upon Written request, the taxpayer identification number (“TIN”), the Individual/International Taxpayer Identification Number (“ITIN”) or other government-issued identifier (“GII”), if known, of any or all Contractholder(sShareholder(s) who have purchased, redeemed, transferred or exchanged Shares held through a Separate Account an account with Insurance Company the Intermediary (an "Account") during the period covered by the request and the amount, date, name or other identifier of any investment professional(s) associated with the Contractholder(sShareholder(s) or the Separate Account (if known), and transaction type (purchase, redemption, transfer or exchange) of every purchase, redemption, transfer or exchange of Shares. To the extent practicable, the format for any transaction information provided to the Participating Fund should be consistent with the National Securities Clearing Corporation NSCC Standardized Data Reporting Format. Unless otherwise specifically requested by the Participating Fund, the Insurance Company shall only be required to provide information relating to Contractholder Initiated Transfer Purchases or Contractholder Initiated Redemptions.
5.2 Requests i. You agree that requests must set forth a specific period, not to exceed ninety 90 days from the date of the request, for which transaction information is sought. The Participating Fund may request transaction data older than ninety 90 days from the date of the request as it deems necessary to investigate compliance with policies established by the Participating Fund for the purpose of eliminating or reducing dilution to the value of the outstanding Shares shares issued by the Participating Fund.
5.3 Insurance Company agrees ii. We agree to use best efforts to determine, promptly upon request of the Participating Fund, but not later than ten 10 days, whether any person that holds Shares through Insurance Company or its Separate Account us is an “"indirect intermediary “"as defined in Rule 22c-2 under the 1940 Act (an “Indirect Intermediary”), and upon further request of the Participating Fund, (i) provide or arrange to have provided the information set forth in Section 5.1 20(a) of this Article V Agreement regarding Contractholders Shareholders who hold an account with an Indirect Intermediary; or (ii) restrict or prohibit the Indirect Intermediary from purchasing Shares on behalf of itself or other persons. Insurance Company agrees to inform the Participating Fund whether Insurance Company plans to perform (i) or (ii).
5.4 MBSC agrees iii. You agree not to use the information received under pursuant to this Article V Section 10 for marketing or any purpose other similar purpose than the purposes outlined herein without the our prior Written consent of Insurance Companyconsent.
5.5 Insurance Company agrees (b) We agree to execute Written instructions from the Participating Fund to restrict or prohibit further purchases or exchanges of Shares by a Contractholder who Shareholder that has been identified by the Participating Fund as having engaged in transactions of Shares (directly or indirectly through a Separate an Account) that violate the policies established by the Participating Fund for the purpose of eliminating or reducing any dilution of the value of its Shares. Unless otherwise directed by We agree to execute instructions as soon as reasonably practical but not later than 5 business days after receipt of the Participating instructions from the Fund, any such restrictions or prohibitions shall only apply to Contractholder Initiated Transfer Purchased or Contractholder Initiated Transfer Redemptions that are affected directly or indirectly through the Insurance Company.
5.6 (c) Instructions provided to Insurance Company us will include the TIN, ITIN or GII, if known, and the specific restriction(s) to be executed. If the TIN, ITIN or GII TIN is not known, the instructions will include an equivalent identifying number of the Contractholder(sShareholder(s) or account(s) or other agreed-agreed upon information to which the instructions relates.
5.7 Insurance Company (d) We must provide Written confirmation to the Participating Fund that instructions have been executed. Insurance Company agrees We agree to provide the confirmation as soon as reasonably practicable, but not later than ten Business Days business days after the instructions have been executed.
5.8 (e) For purposes of this Article V only,Section 10, the following definitions apply:
Appears in 1 contract
Samples: Bank Agreement (Dreyfus Funds Inc)
Shareholder Information and Imposition of Trading Restrictions. 5.1 4.1 Insurance Company agrees to provide promptly, but not later than ten Business Days, to the Participating Fund, upon Written request, the taxpayer identification number (“TIN”), the Individual/International Taxpayer Identification Number (“ITIN”) or other government-issued identifier (“GII”), if known, of any or all Contractholder(s) who have purchased, redeemed, transferred or exchanged Shares held through a Separate Account with Insurance Company during the period covered by the request and the amount, date, name or other identifier of any investment professional(s) associated with the Contractholder(s) or the Separate Account (if known), and transaction type (purchase, redemption, transfer or exchange) of every purchase, redemption, transfer or exchange of Shares. To the extent practicable, the format for any transaction information provided to the Participating Fund should be consistent with the National Securities Clearing Corporation Standardized Data Reporting Format. Unless otherwise specifically requested by the Participating Fund, the Insurance Company Intermediary shall only be required to provide information relating to Contractholder Contractholder-Initiated Transfer Purchases or Contractholder Shareholder-Initiated Transfer Redemptions.
5.2 4.2 Requests must set forth a specific period, not to exceed ninety days from the date of the request, for which transaction information is sought. The Participating Fund may request transaction data older than ninety days from the date of the request as it deems necessary to investigate compliance with policies established by the Participating Fund for the purpose of eliminating or reducing dilution to the value of the outstanding Shares issued by the Participating Fund.
5.3 4.3 Insurance Company agrees to use best efforts to determine, promptly upon request of the Participating Fund, but not later than ten days, whether any person that holds Shares through Insurance Company or its Separate Account is an “indirect intermediary “intermediary“ as defined in Rule 22c-2 22c- 2 under the 1940 Act (an “Indirect Intermediary”), and upon further request of the Participating Fund, (i) provide or arrange to have provided the information set forth in Section 5.1 of this Article V regarding Contractholders who hold an account with an Indirect Intermediary; or (ii) restrict or prohibit the Indirect Intermediary from purchasing Shares on behalf of itself or other persons. Insurance Company agrees to inform the Participating Fund whether Insurance Company plans to perform (i) or (ii).
5.4 MBSC 4.4 Distributor agrees not to use the information received under this Article V for marketing or any other similar purpose without the prior Written consent of Insurance Company.
5.5 4.5 Insurance Company agrees to execute Written instructions from the Participating Fund to restrict or prohibit further purchases or exchanges of Shares by a Contractholder who has been identified by the Participating Fund as having engaged in transactions frequent trading of Shares (directly or indirectly through a Separate Account) that violate as defined in the policies established by the Participating Fund for the purpose of eliminating or reducing any dilution of the value of its SharesProspectus. Unless otherwise directed by the Participating Fund, any such restrictions or prohibitions shall only apply to Contractholder Contractholder-Initiated Transfer Purchased Purchases or Contractholder Contractholder-Initiated Transfer Redemptions that are affected effected directly or indirectly through the Insurance CompanyIntermediary.
5.6 4.6 Instructions provided to Insurance Company will include the TIN, ITIN or GII, if known, and the specific restriction(s) to be executed. If the TIN, ITIN or GII is not known, the instructions will include an equivalent identifying number of the Contractholder(s) or account(s) or other agreed-agreed- upon information to which the instructions relatesrelate.
5.7 4.7 Insurance Company must provide Written confirmation to the Participating Fund that instructions have been executed. Insurance Company agrees to provide the confirmation as soon as reasonably practicable, but not later than ten Business Days after the instructions have been executed.
5.8 4.8 For purposes of this Article V only,
Appears in 1 contract
Samples: Fund Participation Agreement (Protective NY COLI VUL)
Shareholder Information and Imposition of Trading Restrictions. 5.1 Insurance Company agrees to provide promptly, but not later than ten Business Days, to the Participating Fund, upon Written request, the taxpayer identification number (“"TIN”"), the Individual/International Taxpayer Identification Number (“"ITIN”") or other government-issued identifier (“"GII”"), if known, of any or all Contractholder(s) who have purchased, redeemed, transferred or exchanged Shares held through a Separate Account with Insurance Company during the period covered by the request and the amount, date, name or other identifier of any investment professional(s) associated with the Contractholder(s) or the Separate Account (if known), and transaction type (purchase, redemption, transfer or exchange) of every purchase, redemption, transfer or exchange of Shares. To the extent practicable, the format for any transaction information provided to the Participating Fund should be consistent with the National Securities Clearing Corporation Standardized Data Reporting Format. Unless otherwise specifically requested by the Participating Fund, the Insurance Company shall only be required to provide information relating to Contractholder Initiated Transfer Purchases or Contractholder Initiated Redemptions.
5.2 Requests must set forth a specific period, not to exceed ninety days from the date of the request, for which transaction information is sought. The Participating Fund may request transaction data older than ninety days from the date of the request as it deems necessary to investigate compliance with policies established by the Participating Fund for the purpose of eliminating or reducing dilution to the value of the outstanding Shares issued by the Participating Fund.
5.3 Insurance Company agrees to use best efforts to determine, promptly upon request of the Participating Fund, but not later than ten days, whether any person that holds Shares through Insurance Company or its Separate Account is an “"indirect intermediary “"as defined in Rule 22c-2 under the 1940 Act (an “"Indirect Intermediary”"), and upon further request of the Participating Fund, (i) provide or arrange to have provided the information set forth in Section 5.1 of this Article V regarding Contractholders who hold an account with an Indirect Intermediary; or (ii) restrict or prohibit the Indirect Intermediary from purchasing Shares on behalf of itself or other persons. Insurance Company agrees to inform the Participating Fund whether Insurance Company plans to perform (i) or (ii).
5.4 MBSC agrees not to use the information received under this Article V for marketing or any other similar purpose without the prior Written consent of Insurance Company.
5.5 Insurance Company agrees to execute Written instructions from the Participating Fund to restrict or prohibit further purchases or exchanges of Shares by a Contractholder who has been identified by the Participating Fund as having engaged in transactions of Shares (directly or indirectly through a Separate Account) that violate the policies established by the Participating Fund for the purpose of eliminating or reducing any dilution of the value of its Shares. Unless otherwise directed by the Participating Fund, any such restrictions or prohibitions shall only apply to Contractholder Initiated Transfer Purchased or Contractholder Initiated Transfer Redemptions that are affected directly or indirectly through the Insurance Company.
5.6 Instructions provided to Insurance Company will include the TIN, ITIN or GII, if known, and the specific restriction(s) to be executed. If the TIN, ITIN or GII is not known, the instructions will include an equivalent identifying number of the Contractholder(s) or account(s) or other agreed-upon information to which the instructions relates.
5.7 Insurance Company must provide Written confirmation to the Participating Fund that instructions have been executed. Insurance Company agrees to provide the confirmation as soon as reasonably practicable, but not later than ten Business Days after the instructions have been executed.
5.8 For purposes of this Article V only,
Appears in 1 contract
Samples: Fund Participation Agreement (First Symetra National Life Insurance Co of Ny Sep Acct S)
Shareholder Information and Imposition of Trading Restrictions. 5.1 Insurance Company agrees to provide promptly, but not later than ten Business Days10 business days, to the Participating Fund, upon Written requestrequest to the Chief Compliance Officer of the Separate Accounts and his/her designee, the taxpayer identification number (“TIN”), the Individual/International Taxpayer Identification Number (“ITIN”) or other government-issued identifier (“GII”), if known, of any or all Contractholder(s) who have purchased, redeemed, transferred or exchanged Shares held through a Separate Account with Insurance Company during the period covered by the request and the amount, date, name or other identifier of any investment professional(s) associated with the Contractholder(s) or the Separate Account (if known), and transaction type (purchase, redemption, transfer or exchange) of every purchase, redemption, transfer or exchange of Shares. To the extent practicable, the format for any transaction information provided to the Participating Fund should be consistent with the National Securities Clearing Corporation NSCC Standardized Data Reporting Format. Unless otherwise specifically requested by the Participating Fund, the Insurance Company shall only be required will provide to provide Dreyfus in writing from time to time contact information relating to Contractholder Initiated Transfer Purchases or Contractholder Initiated Redemptionsfor the Chief Compliance Officer and his/her designee.
5.2 Requests must set forth a specific period, not to exceed ninety 90 days from the date of the request, for which transaction information is sought. The Participating Fund may request transaction data older than ninety 90 days from the date of the request as it deems necessary to investigate compliance with policies established by the Participating Fund for the purpose of eliminating or reducing dilution to the value of the outstanding Shares issued by the Participating Fund.
5.3 Insurance Company agrees to use best efforts to determine, promptly upon request of the Participating Fund, but not later than ten 10 days, whether any person that holds Shares through Insurance Company or its Separate Account is an “"indirect intermediary “"as defined in Rule 22c-2 under the 1940 Act (an “Indirect Intermediary”), and upon further request of the Participating Fund, (i) provide or arrange to have provided the information set forth in Section paragraph 5.1 of this Article V article regarding Contractholders who hold an account with an Indirect Intermediary; or (ii) restrict or prohibit the Indirect Intermediary from purchasing Shares on behalf of itself or other persons. Insurance Company agrees to inform the Participating Fund whether Insurance Company plans to perform (i) or (ii).
5.4 MBSC agrees not to use the information received under this Article V for marketing or any other similar purpose without other than as necessary to comply with the prior Written consent provisions of Insurance CompanyRule 22c-2 or to fulfill other regulatory or legal requirements, subject to the privacy provisions of Title V of the Xxxxx-Xxxxx-Xxxxxx Act (Public Law 106-102) and applicable comparable state laws.
5.5 Insurance Company agrees to execute Written instructions received by the Chief Compliance Officer of the Separate Accounts and his/her designee from the Participating Fund to restrict or prohibit further purchases or exchanges of Shares by a Contractholder who has been identified by the Participating Fund as having engaged in transactions of Shares (directly or indirectly through a Separate Account) that violate the policies established by the Participating Fund for the purpose of eliminating or reducing any dilution of the value of its Shares. Unless otherwise directed by the Participating Fund, any such restrictions or prohibitions shall only apply to Contractholder Initiated Transfer Purchased or Contractholder Initiated Transfer Redemptions that are affected directly or indirectly through the Insurance Company.
5.6 Instructions provided to Insurance Company will the Chief Compliance Officer of the Separate Accounts and his/her designeewill include the TIN, ITIN or GII, if known, and the specific restriction(s) to be executed. If the TIN, ITIN or GII TIN is not known, the instructions will include an equivalent identifying number of the Contractholder(s) or account(s) or other agreed-upon information to which the instructions relates.
5.7 Insurance Company must provide Written confirmation to the Participating Fund that instructions have been executed. Insurance Company agrees to provide the confirmation as soon as reasonably practicable, but not later than ten Business Days 10 business days after the instructions have been executed.
5.8 For purposes of this Article V only,, “Written” communications include electronic communications and facsimile transmissions.
5.9 For purposes of this Article only, the term “Participating Fund” does not include any “excepted funds” as defined in Rule 22c-2(b) under the Investment Company Act of 1940 (the “1940 Act”).
5.10 For purposes of this Article only, the term “Contractholder” shall include, as applicable, (a) the beneficial owner of Shares, whether the Shares are held directly by Contractholder or by Insurance Company in nominee name; (b) a Separate Account unit holder, notwithstanding that the Separate Account may be deemed to be the beneficial owner of Shares; or (c) the holder of interests in a Participating Fund underlying a variable annuity or variable life insurance contract.
Appears in 1 contract
Samples: Fund Participation Agreement (Allianz Life Variable Account B)