Advisors Preferred Trust Sample Contracts
INVESTMENT ADVISORY AGREEMENT Between ADVISORS PREFERRED TRUST and ADVISORS PREFERRED LLCInvestment Advisory Agreement • August 19th, 2019 • Advisors Preferred Trust • Maryland
AGREEMENT, effective as of August 1, 2019 or such later date indicated in Appendix A with respect to individual funds, between Advisors Preferred Trust, a Delaware statutory trust (the "Trust"), and Advisors Preferred LLC, a Maryland limited liability company (the "Adviser") located at 1445 Research Blvd, Suite 530, Rockville, MD 20850.
Standard Contracts
SUBADVISORY AGREEMENTSubadvisory Agreement • August 19th, 2019 • Advisors Preferred Trust • Maryland
THIS "AGREEMENT" is made and entered into with effect as of the 1st day of August, 2019 between Advisors Preferred, LLC (the "Adviser"), a Maryland limited liability company registered under the Investment Advisers Act of 1940, as amended (the "Advisers Act"), and Flexible Plan Investments, Ltd., a Michigan corporation (the "Subadviser") (the Adviser and the Subadviser, collectively, the "Parties") and also registered under the Advisers Act, with respect to each of the series of the ADVISORS PREFERRED TRUST, a Delaware statutory trust (the "Trust"), listed hereto on Appendix A (each a “Fund” and together the “Funds”.
CUSTODY AGREEMENTCustody Agreement • May 14th, 2013 • Advisors Preferred Trust • Minnesota
THIS AGREEMENT is made and entered into as of this 4th day of January, 2013, by and between ADVISORS PREFERRED TRUST, a Delaware statutory trust (the “Trust”), and U.S. BANK NATIONAL ASSOCIATION, a national banking association organized and existing under the laws of the United States of America (the “Custodian”).
FUND SERVICES AGREEMENT between ADVISORS PREFERRED TRUSTFund Services Agreement • August 9th, 2019 • Advisors Preferred Trust • New York
THIS FUND SERVICES AGREEMENT (this “Agreement”) dated the 1st day of January, 2018 (the “Effective Date”), by and between ADVISORS PREFERRED TRUST, a Delaware statutory trust having its principal office and place of business at 1445 Research Boulevard, Suite 530, Rockville, Maryland 20850 (the "Trust") and GEMINI FUND SERVICES, LLC, a Nebraska limited liability company having its principal office and place of business at 17605 Wright Street, Suite 2, Omaha, Nebraska 68130 (“GFS”). This Agreement replaces and supersedes all prior understandings and agreements between the parties hereto for the services described below.
FUND PARTICIPATION AGREEMENTFund Participation Agreement • June 5th, 2015 • Advisors Preferred Trust • New York
THIS AGREEMENT is made as of November 1, 2013, between Advisors Preferred Trust, an open-end management investment company organized as a [Delaware] statutory trust (the "Trust"), and Jefferson National Life Insurance Company, a life insurance company organized under the laws of the State of TX (the "Company"), on its own behalf and on behalf of each segregated asset account of the Company set forth on Schedule A, as the parties hereto may amend it from time to time (the "Accounts") (individually, a "Party", and collectively, the "Parties").
SUBADVISORY AGREEMENTSubadvisory Agreement • August 5th, 2013 • Advisors Preferred Trust • Maryland
THIS "AGREEMENT" is made and entered into as of the 1st day of August, 2013, by and between Advisors Preferred, LLC (the "Adviser"), a Maryland limited liability company registered under the Investment Advisers Act of 1940, as amended (the "Advisers Act"), and Flexible Plan Investments, Ltd., a Michigan corporation (the "Subadviser") (the Adviser and the Subadviser, collectively, the "Parties") and also registered under the Advisers Act, with respect to the series listed on Appendix A hereto(each a "Fund" and together, the “Funds”), each a series of the ADVISORS PREFERRED TRUST, a Delaware statutory trust (the "Trust").
RULE 12d1-4 FUND OF FUNDS INVESTMENT AGREEMENTFund of Funds Investment Agreement • January 27th, 2023 • Advisors Preferred Trust • New York
THIS FUND OF FUNDS INVESTMENT AGREEMENT, dated as of December 15, 2022 (the "Effective Date") by and between Advisors Preferred Trust, on behalf of its series Quantified Managed Income Fund, severally and not jointly (the "Acquiring Fund"), and ProShares Trust (the "Trust"), a Delaware statutory trust, on behalf of each of its current and future series other than those series identified under the caption "Precautionary Notes: Funds Not Covered by the Agreement" on https://www.proshares.com/investment_aureement.html, severally and not jointly (each, an "Acquired Fund"). Each Acquiring Fund and each Acquired Fund is referred to as a "Fund".
INVESTMENT ADVISORY AGREEMENT Between QEMFSF Fund Limited and ADVISORS PREFERRED LLCInvestment Advisory Agreement • September 19th, 2024 • Advisors Preferred Trust
AGREEMENT, made with effect as of September 3, 2024, between QEMFSF Fund Limited, an Exempted Company incorporated in the Cayman Islands with Limited Liability (the "Fund"), and Advisors Preferred LLC, a Maryland limited liability company (the "Adviser") located at 1445 Research Blvd, Suite 530, Rockville, MD 20850.
SUBADVISORY AGREEMENTSubadvisory Agreement • December 13th, 2013 • Advisors Preferred Trust • Delaware
THIS AGREEMENT is made and entered into as of the 29th day of October, 2013 by and between Advisors Preferred, LLC (the “Adviser”), a Maryland limited liability company registered under the Investment Advisers Act of 1940, as amended (the “Advisers Act”), and Spectrum Financial, Inc., a corporation domiciled in the Commonwealthof Virginia (the “Subadviser”) (the Adviser and the Subadviser, collectively, the “Parties”) and also registered under the Advisers Act, with respect to Spectrum Low Volatility Fund (the “Fund”), a series of the ADVISORS PREFERRED TRUST, a Delaware statutory trust (the “Trust”).
CONSULTING AGREEMENTConsulting Agreement • January 4th, 2013 • Advisors Preferred Trust • New York
This Consulting Agreement (the “Agreement”) is effective November 27, 2012 between NORTHERN LIGHTS COMPLIANCE SERVICES, LLC, a Nebraska limited liability company located at 450 Wireless Boulevard, Hauppauge, NY 11788 (“NLCS”) and ADVISORS PREFERRED TRUST a registered investment company organized as a Delaware statutory trust, located at 1445 Research Boulevard, Suite 530, Rockville, Maryland 20850 (the "Trust"), on behalf of each portfolio series listed on the attached Appendix A, as may be amended from time to time (each a “Fund” and collectively “Funds”).
SECURITIES LENDING AGREEMENTSecurities Lending Agreement • April 17th, 2020 • Advisors Preferred Trust • Minnesota
THIS SECURITIES LENDING AGREEMENT (“Agreement”) is made and entered into effective as of February 24, 2020, by and between U.S. BANK NATIONAL ASSOCIATION (“Bank”) and ADVISORS PREFERRED TRUST, on behalf of each respective series identified in Exhibit A attached hereto and made a part hereof (each such series hereinafter referred to as a separate “Customer”).
By-Laws of Advisers Preferred TrustBy-Laws • February 24th, 2021 • Advisors Preferred Trust
ReFlow Fund, LLC Participating Fund AgreementParticipating Fund Agreement • January 4th, 2013 • Advisors Preferred Trust • California
AGREEMENT dated as of December 01, 2012, between Advisors Preferred Trust, Inc., on behalf of itself or its portfolios listed on Appendix A attached hereto (as it may be amended from time to time), individually and not jointly, (the “Fund”), and ReFlow Fund, LLC, a Delaware limited liability company (“ReFlow”), in consideration of the mutual agreements herein contained and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto hereby agree as follows:
SUBADVISORY AGREEMENTSubadvisory Agreement • December 23rd, 2021 • Advisors Preferred Trust • Maryland
THIS "AGREEMENT" is made and entered into with effect as of December 20, 2021, by and between Advisors Preferred, LLC (the "Adviser"), a Maryland limited liability company registered under the Investment Advisers Act of 1940, as amended (the "Advisers Act"), and Flexible Plan Investments, Ltd., a Michigan corporation (the "Subadviser") (the Adviser and the Subadviser, collectively, the "Parties") and also registered under the Advisers Act, with respect to QAIF Fund Limited, an Exempted Company incorporated in the Cayman Islands with Limited Liability (the "Fund").
SUB-ADVISORY AGREEMENTSub-Advisory Agreement • November 3rd, 2020 • Advisors Preferred Trust • Maryland
THIS AGREEMENT is made and entered into with effect as of the 1st day of November, 2020, by and between Advisors Preferred, LLC (the “Adviser”), a Maryland limited liability company registered under the Investment Advisers Act of 1940, as amended (the “Advisers Act”), and Kensington Analytics, LLC, a limited liability company registered in Texas (the “Subadviser”) (the Adviser and the Subadviser, collectively, the “Parties”) and also registered under the Advisers Act, with respect to the Kensington Managed Income Fund (the “Fund”), a series of the ADVISORS PREFERRED TRUST, a Delaware statutory trust (the “Trust”).
CEROS FINANCIAL SERVICES INC. DISTRIBUTION AGREEMENT July 1, 2019Distribution Agreement • August 9th, 2019 • Advisors Preferred Trust • Maryland
THIS AGREEMENT is by and between Advisors Preferred Trust, a Delaware statutory trust (the "Trust") with respect to each series of the Trust listed on the Appendix below (each a "Fund" and together the "Funds"), and Ceros Financial Services Inc. ("Ceros"), a corporation organized and existing under the laws of the Commonwealth of Massachusetts (the "Distributor").
ADVISORS PREFERRED TRUST OPERATING EXPENSES LIMITATION AGREEMENT KENSINGTON MANAGED INCOME FUNDOperating Expenses Limitation Agreement • April 30th, 2021 • Advisors Preferred Trust • Maryland
THIS OPERATING EXPENSES LIMITATION AGREEMENT (the "Agreement") is effective as of May 1, 2021, by and between Advisors Preferred Trust, a Delaware statutory trust (the "Trust"), on behalf of the Kensington Managed Income Fund, (the "Fund") a series of the Trust; the Adviser of such Fund, Advisors Preferred, LLC (the "Adviser"); the Sub-Adviser of such Fund, Kensington Analytics, LLC (the "Sub-Adviser").
COMPLIANCE CONSULTING AGREEMENTCompliance Consulting Agreement • June 30th, 2023 • Advisors Preferred Trust • Maryland
This Compliance Consulting Agreement (the "Agreement") between the parties herein and is effective May 23, 2023, between Advisors Preferred LLC, a Maryland limited liability company located at 1445 Research Blvd., Suite 530, Rockville, MD 20850 ("AP") and Advisors Preferred Trust, a registered investment company organized as a Delaware statutory trust, located at 1445 Research Blvd., Suite 530, Rockville, MD 20850 (the "Trust"), on behalf of each portfolio series listed on the attached Appendix A, as may be amended from time to time (each a "Fund" and collectively "Funds"), with effect as of the date noted in Appendix A. This document may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
ADVISORS PREFERRED TRUST OPERATING EXPENSES LIMITATION AGREEMENT KENSINGTON MANAGED INCOME FUNDOperating Expenses Limitation Agreement • April 30th, 2020 • Advisors Preferred Trust • Delaware
THIS OPERATING EXPENSES LIMITATION AGREEMENT (the "Agreement") is effective as of the 1st day of May 2020, by and between ADVISORS PREFERRED TRUST, a Delaware statutory trust (the "Trust"), on behalf of the Kensington Managed Income Fund, (the "Fund") a series of the Trust and the Adviser of such Fund, Advisors Preferred, LLC (the "Adviser").
INVESTMENT SUB-ADVISORY AGREEMENT SUBADVISORY AGREEMENTInvestment Sub-Advisory Agreement • October 28th, 2019 • Advisors Preferred Trust • Delaware
THIS AGREEMENT is made and entered into as of the 1st day of August, 2019, by and between Advisors Preferred, LLC (the "Adviser"), a Maryland limited liability company registered under the Investment Advisers Act of 1940, as amended (the "Advisers Act"), and Price Capital Management, Inc., a corporation domiciled in the state of Louisiana (the "Subadviser") (the Adviser and the Subadviser, collectively, the "Parties") and also registered under the Advisers Act, with respect to OnTrack Core Fund (the "Fund"), a series of the ADVISORS PREFERRED TRUST, a Delaware statutory trust (the "Trust").
UNDERWRITING AGREEMENT Among ADVISORS PREFERRED TRUST ON BEHALF OF KENSINGTON DYNAMIC GROWTH FUND, A SERIES OF THE ADVISORS PREFERRED TRUST And ADVISORS PREFERRED, LLC And CEROS FINANCIAL SERVICES INC. INDEX ATTACHED SCHEDULESUnderwriting Agreement • October 14th, 2020 • Advisors Preferred Trust • Delaware
THIS UNDERWRITING AGREEMENT effective October 14, 2020, by and between ADVISORS PREFERRED TRUST on behalf of KENSINGTON DYNAMIC GROWTH FUND, A SERIES OF ADVISORS PREFERRED TRUST, a Delaware statutory trust (the "Trust"), having its principal office and place of business at 1445 Research Boulevard, Suite 530, Rockville, MD 20850 (the "FUND" and as the context requires, FUND also means the Trust on behalf of the FUND), ADVISORS PREFERRED, LLC, a Maryland limited liability company having its principal office and place of business at 1445 Research Boulevard, Suite 530, Rockville, MD 20850 ("AP"), and CEROS FINANCIAL SERVICES INC., a Massachusetts corporation having its principal office and place of business at 1445 Research Boulevard, Suite 530, Rockville Maryland 20850 ("CEROS").
AGREEMENT AND DECLARATION OF TRUST DATED AUGUST 15, 2012Trust Agreement • September 28th, 2012 • Advisors Preferred Trust • Delaware
FUTURES TRADING AGREEMENTFutures Trading Agreement • June 30th, 2023 • Advisors Preferred Trust • Delaware
THIS AGREEMENT is made and entered into with effect as of the 2nd day of July 2023, by and between Advisors Preferred, LLC (the "Adviser"), a Maryland limited liability company registered under the Investment Advisers Act of 1940, as amended (the "Advisers Act"), and AG Capital Management Partners, L.P. (the "Futures Trading Adviser"), a Delaware limited partnership regulated as a Commodity Trading Advisor ("CTA") and Commodity Pool Operator ("CPO") with the Commodity Futures Trading Commission ("CFTC") and National Futures Association ("NFA") (the Adviser and the Futures Trading Adviser, collectively, the "Parties"), with respect to the Dynamic Alpha Macro Fund (the "Fund"), a series of the ADVISORS PREFERRED TRUST, a Delaware statutory trust (the "Trust").
TWELFTH AMENDMENT TO THE CUSTODY AGREEMENTCustody Agreement • August 21st, 2019 • Advisors Preferred Trust
THIS TWELFTH AMENDMENT, effective as of August 19, 2019, to the Custody Agreement, originally made and entered into as of January 4, 2013, as amended May 16, 2013 July 24, 2013, October 5, 2013, October 29, 2013, April 10, 2014, November 18, 2014, February 17, 2015, October 28, 2015, August 1, 2016, February 19, 2019, March 28, 2019, and August 12, 2019 (the "Agreement''), is entered into by and between ADVISORS PREFERRED TRUST, a Delaware statutory trust, (the "Trust") and U.S. BANK NATIONAL ASSOCIATION, a national banking association (the "Custodian").
ADVISORS PREFERRED TRUST INVESTMENT ADVISORY AGREEMENTInvestment Advisory Agreement • October 18th, 2023 • Advisors Preferred Trust
* Pursuant to Section 2.2 of this Agreement, the Adviser shall bear expenses identified under Section 2.2.8, Section 2.2.9(ii), and Section 2.2.14.
FIFTEENTH AMENDMENT TO THE CUSTODY AGREEMENTCustody Agreement • April 19th, 2021 • Advisors Preferred Trust
THIS FIFTEENTH AMENDMENT, effective as of April 12, 2021, to the Custody Agreement, originally made and entered into as of January 4, 2013, as amended May 16, 2013 July 24, 2013, October 5, 2013, October 29, 2013, April 10, 2014, November 18, 2014, February 17, 2015, October 28, 2015, August 1, 2016, February 19, 2019, March 28, 2019, August 12, 2019, August 19, 2019, October 14, 2020, and February 18, 2021 (the "Agreement''), is entered into by and between ADVISORS PREFERRED TRUST, a Delaware statutory trust, (the "Trust") and U.S. BANK NATIONAL ASSOCIATION, a national banking association (the "Custodian").
SUBADVISORY AGREEMENTSubadvisory Agreement • September 19th, 2024 • Advisors Preferred Trust • Maryland
THIS "AGREEMENT" is made and entered into with effect as of September 19, 2024, by and between Advisors Preferred LLC (the "Adviser"), a Maryland limited liability company registered under the Investment Advisers Act of 1940, as amended (the "Advisers Act"), and Flexible Plan Investments, Ltd., a Michigan corporation registered under the Advisers Act (the "Subadviser") (the Adviser and the Subadviser, collectively, the "Parties"), with respect to QEMFSF Fund Limited, an Exempted Company incorporated in the Cayman Islands with Limited Liability (the "Fund").
FUND SERVICES AGREEMENT between ADVISORS PREFERRED TRUSTFund Services Agreement • January 29th, 2018 • Advisors Preferred Trust • New York
THIS FUND SERVICES AGREEMENT (this “Agreement”) dated the 1st day of January, 2018 (the “Effective Date”), by and between ADVISORS PREFERRED TRUST, a Delaware statutory trust having its principal office and place of business at 1445 Research Boulevard, Suite 530, Rockville, Maryland 20850 (the "Trust") and GEMINI FUND SERVICES, LLC, a Nebraska limited liability company having its principal office and place of business at 17605 Wright Street, Suite 2, Omaha, Nebraska 68130 (“GFS”). This Agreement replaces and supersedes all prior understandings and agreements between the parties hereto for the services described below.
ADVISORS PREFERRED TRUST INVESTMENT ADVISORY AGREEMENTInvestment Advisory Agreement • June 30th, 2023 • Advisors Preferred Trust
IN WITNESS WHEREOF, the parties have caused this Agreement to be signed by their respective officers thereunto duly authorized with effect as of the dates indicated above and with effect upon commencement of investment operations for the Fund with the notation above of "to be determined."
APPENDIX IV-1 LIST OF FUNDS SERVICES & FEESFund Services Agreement • April 15th, 2024 • Advisors Preferred Trust
This Appendix IV-1 is part of the Fund Services Agreement (the “Agreement”), dated November 18, 2021, between Advisors Preferred Trust (the “Trust”) and Ultimus Fund Solutions, LLC (“UFS”). Set forth below are the Services elected by the Fund(s) identified on this Appendix IV-1 along with the associated Fees. Capitalized terms used herein that are not otherwise defined shall have meanings ascribed to them in the Agreement.
AMENDMENT TO SPECIAL CUSTODY AGREEMENT PURSUANT TO RULE 17f-1Special Custody Agreement • October 28th, 2019 • Advisors Preferred Trust
THIS AMENDMENT TO SPECIAL CUSTODY AGREEMENT PURSUANT TO RULE 17f-1, (this "Amendment") is made by and among ADVISORS PREFERRED TRUST, an investment company registered with the U.S. Securities and Exchange Commission ("Principal"); CEROS FINANCIAL SERVICES, INC., a registered broker-dealer and member of FINRA/SIPC ("Broker"); and NATIONAL FINANCIAL SERVICES LLC, a registered broker-dealer and member of FINRA/SIPC ("Clearing Firm"), and shall have an effective date as of the last date of execution of this Amendment set forth below.
THIRD AMENDMENT TO FUND SERVICES AGREEMENTFund Services Agreement • July 1st, 2021 • Advisors Preferred Trust
THIS THIRD AMENDMENT TO FUND SERVICES AGREEMENT (this Amendment) is effective as of May 1, 2021, and is made by and between Gemini Fund Services, LLC, a Nebraska limited liability company (“GFS”), and Advisors Preferred Trust, a Delaware statutory trust (the “Trust”).
SEVENTEENTH AMENDMENT TO THE CUSTODY AGREEMENTCustody Agreement • October 27th, 2023 • Advisors Preferred Trust
THIS SEVENTEENTH AMENDMENT, effective as of October 18, 2023, to the Custody Agreement, originally made and entered into as of January 4, 2013, as amended May 16, 2013, July 24, 2013, October 5, 2013, October 29, 2013, April 10, 2014, November 18, 2014, February 17, 2015, October 28, 2015, August 1, 2016, February 19, 2019, March 28, 2019, August 12, 2019, August 19, 2019, October 14, 2020, February 18, 2021, April 12, 2021, and July 2, 2023 (the "Agreement''), is entered into by and between ADVISORS PREFERRED TRUST, a Delaware statutory trust, (the "Trust") and U.S. BANK NATIONAL ASSOCIATION, a national banking association (the "Custodian").
TENTH AMENDMENT TO THE CUSTODY AGREEMENTCustody Agreement • May 21st, 2019 • Advisors Preferred Trust
THIS TENTH AMENDMENT, effective as of February 19, 2019, to the Custody Agreement, originally made and entered into as of January 4, 2013, as amended May 16, 2013 July 24, 2013, October 5, 2013, October 29, 2013, April 10, 2014, November 18, 2014, February 17, 2015, October 28, 2015, and August 1, 2016 (the "Agreement''), is entered into by and between ADVISORS PREFERRED TRUST, a Delaware statutory trust, (the "Trust") and U.S. BANK NATIONAL ASSOCIATION, a national banking association (the "Custodian").
EIGHTEENTH AMENDMENT TO THE CUSTODY AGREEMENTCustody Agreement • September 19th, 2024 • Advisors Preferred Trust
THIS EIGHTEENTH AMENDMENT, effective as of September 3, 2024, to the Custody Agreement, originally made and entered into as of January 4, 2013, as amended May 16, 2013 July 24, 2013, October 5, 2013, October 29, 2013, April 10, 2014, November 18, 2014, February 17, 2015, October 28, 2015, August 1, 2016, February 19, 2019, March 28, 2019, August 12, 2019, August 19, 2019, October 14, 2020, February 18, 2021, April 12, 2021, July 2, 2023, and October 19, 2023 (the "Agreement''), is entered into by and between ADVISORS PREFERRED TRUST, a Delaware statutory trust, (the "Trust") and U.S. BANK NATIONAL ASSOCIATION, a national banking association (the "Custodian").
