Exhibit (e) (vi) under Form N-1A
Exhibit 1 under Item 601/Reg. S-K
Amendment to
Distributor's Contract
between
WesMark Funds
and
Edgewood Services, Inc.
This Amendment to the Distributor's Contract ("Agreement") between WesMark
Funds ("Funds") and Edgewood Services, Inc. ("Distributor") is made and entered
into as of the 1st day of October, 2003.
WHEREAS, the Funds have entered into the Agreement with the Distributor,
dated March 1, 1996, as amended, under and pursuant to which the Distributor is
the principal underwriter of the shares of the Funds;
WHEREAS, the Securities and Exchange Commission and the United States
Treasury Department ("Treasury Department") have adopted a series of rules and
regulations arising out of the USA PATRIOT Act (together with such rules and
regulations, the "Applicable Law"), specifically requiring certain financial
institutions, including the Funds and the Distributor, to establish a written
anti-money laundering and customer identification program ("Program");
WHEREAS, each of the Funds and the Distributor have established a Program
and wish to amend the Agreement to reflect the existence of such Programs and
confirm the allocation of responsibility for the performance of certain required
functions; NOW, THEREFORE, the parties intending to be legally bound agree as
follows:
1. The Funds and the Distributor each represent, warrant and certify
that they have established, and covenant that at all times during the existence
of the Agreement they will maintain, a Program in compliance with Applicable
Law.
2. The Funds represent and warrant that the Funds have entered into an
amendment to the agreement with the transfer agent of the Funds, pursuant to
which the transfer agent has agreed to perform all activities, including the
establishment and verification of customer identities as required by Applicable
Law or its Program, with respect to all customers on whose behalf Distributor
maintains an account with the Funds.
3. Distributor covenants that it will enter into appropriate amendments
to selling or other agreements with financial institutions that establish and
maintain accounts with the Funds on behalf of their customers, pursuant to which
such financial institutions covenant to establish and maintain a Program with
respect to those customers in accordance with Applicable Law.
In all other respects, the Agreement first referenced above shall remain in
full force and effect.
WITNESS the due execution hereof this 1st day of October, 2003.
WESMARK FUNDS
By: /s/ Xxxxxx Xxxxxxx
-----------------------------------------
Name: Xxxxxx Xxxxxxx
Title: Executive Vice President
edgewood services, inc.
By: /s/ Xxxxxxx X. Xxxxx, Xx.
-----------------------------------------
Name: Xxxxxxx X. Xxxxx, Xx.
Title: Vice President
