Exhibit (h)(64)
AMENDMENT TO
SHAREHOLDER SERVICING AGENT AGREEMENT
FIRSTAR FUNDS, INC., a Wisconsin corporation (formerly, Portico Funds,
Inc.) and FIRSTAR MUTUAL FUND SERVICES, LLC, a Wisconsin limited liability
company, parties to a Shareholder Servicing Agent Agreement dated as of March
23, 1988 and assigned as of October 1, 1998, hereby amend and restate Sections 3
and 4 of such Agreement in their entirety as follows:
3. Duties of the Agent. Agent hereby agrees to perform the following
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duties in accordance with this Agreement and the Prospectus of each Fund:
A. Process new accounts.
B. Process purchases, both initial and subsequent.
C. Transfer Shares to an existing account or to a new
account upon receipt of required documentation in good
order.
D. Redeem uncertificated and/or certificated Shares upon
receipt of required documentation in good order and
disburse the redemption proceeds therefor.
E. Issue and/or cancel certificates as instructed; replace
lost, stolen or destroyed certificates upon receipt of
satisfactory indemnification or bond.
F. Distribute dividends and/or capital gain distributions.
This includes disbursements as cash or reinvestment and
to change the disbursement option at the request of
shareholders.
G. Process exchanges between Funds (process and direct
purchase/redemption and initiate new account or process
to existing account).
H. Make miscellaneous changes to records, including, but
not necessarily limited to, address changes and changes
in plans (such as systematic withdrawal, dividend
reinvestment, etc.).
I. Prepare and mail a year-to-date confirmation and
statement as each transaction is recorded in a
shareholder account.
J. Handle telephone calls and correspondence in reply to
shareholder requests except those items set forth in
referrals to Firstar Funds and Firstar Investment
Research and Management, LLC ("FIRMCO").
K. Provide reports to Firstar Funds with respect to each
Fund:
Daily - transaction journal with analysis of
accounts.
Monthly - analysis of transactions and accounts by
types.
Quarterly - state sales analysis; sales by size;
analysis of systematic withdrawals, Xxxxx, XXX and
403(b)(7) plans; printout of shareholder balances.
L. Prepare a daily control and reconciliation of each
Fund's shares with Agent's records and Firstar Funds'
office records.
M. Prepare address labels or confirmations for four
reports to shareholders per year.
N. Mail and tabulate proxies (and mail proxy solicitation
materials) for meetings of shareholders, including
preparation of certified shareholder list and daily
report to Firstar Funds' management, if required. All
proxy related expenses including stationery and postage
shall be an "out-of-pocket" expense in accordance with
paragraph 5.
O. Prepare and mail annual Form 1099, Form W-2P and 5498
to shareholders to whom dividends or distribution are
paid, with a copy for the IRS, as well as any other
notices and information relating to exempt-interest
dividends, capital gains or other items required under
the Internal Revenue Code of 1986, the Investment
Company Act of 1940 (the "1940 Act") or state law.
P. Provide readily obtainable data which may from time to
time be requested for audit purposes.
Q. Replace lost or destroyed checks.
R. Continuously maintain all records for active and closed
accounts during the current year.
S. Furnish shareholder data information for a current
calendar year in connection with XXX and Xxxxx Plans in
a format suitable for mailing to shareholders.
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T. Withhold such sums as are required to be withheld under
applicable Federal and state income tax laws, rules and
regulations.
U. Maintain registry records with respect to the Shares of
each Fund in usual form.
4. Referrals to Firstar Funds' distributor or FIRMCO. Agent hereby
agrees to refer to Firstar Funds' distributor or FIRMCO for reply to the
following as appropriate:
A. Requests for investment information, including
performance and outlook.
B. Requests for information about specific plans: (such as
XXX, Xxxxx, Automatic Investment, Systematic
Withdrawal).
C. Requests for information about exchanges between the
Funds.
D. Requests for historical Fund prices.
E. Requests for information about the value and timing of
dividend payments.
F. Questions regarding correspondence from the Funds and
newspaper articles.
G. Any requests for information from non-shareholders.
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IN WITNESS WHEREOF, the parties have executed this Amendment as of February
22, 2000.
Very truly yours,
FIRSTAR FUNDS, INC.
By: /s/ Xxxxx Xxxxxx
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(Authorized Officer)
FIRSTAR MUTUAL FUND SERVICES, LLC
By: /s/ Xxxxxx Xxxxxxxxx
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(Authorized Officer)
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