CUSTOMER IDENTIFICATION SERVICES AMENDMENT
This Customer Identification Services Amendment (this "Amendment")
amends, as of the 1st day of October, 2003 (the "Effective Date"), the Transfer
Agency Services Agreement, dated as of June 26th 2000, between Hillview
Investment Trust II (the "Company" or the "Fund") and PFPC Inc. ("PFPC") (the
"Agreement").
For valuable consideration, the receipt and sufficiency of which the
parties hereto hereby acknowledge, the Company and PFPC hereby agree as follows:
Section 1 (Addition of CIP Services section to the Agreement). As of
the Effective Date, the Agreement shall (without any further action by either of
the parities hereto) be amended by the addition of the following as the new
final section of the agreement:
CIP Services. To help the Fund comply with its Customer
Identification Program (which the Fund is required to have under
regulations issued under Section 326 of the USA PATRIOT Act) PFPC
will do the following:
(a) Implement procedures under which new accounts in the Fund
are not established unless PFPC has obtained the name, date
of birth (for natural persons only), address and
government-issued identification number (collectively, the
"Data Elements") for each corresponding Customer (as defined
in 31 CFR 103.131).
(b) Use collected Data Elements to attempt to reasonably verify
the identity of each new Customer promptly before or after
each corresponding new account is opened. Methods may
consist of non-documentary methods (for which PFPC may use
unaffiliated information vendors to assist with such
verifications) and documentary methods (as permitted by 31
CFR 103.131), and may include procedures under which PFPC
personnel perform enhanced due diligence to verify the
identities of Customers the identities of whom were not
successfully verified through the first-level (which will
typically be reliance on results obtained from an
information vendor) verification process(es).
(c) Record the Data Elements and maintain records relating to
verification of new Customers consistent with 31 CFR
103.131(b)(3).
(d) Regularly report to the Fund about measures taken under
(a)-(c) above.
(e) If PFPC provides services by which prospective Customers may
subscribe for shares in the Fund via the Internet or
telephone, work with the Fund to notify prospective
Customers, consistent with 31 CFR 103.(b)(5), about the
Fund's CIP.
(f) Set forth on a separate fee schedule compensation amounts
due for these CIP Services.
Notwithstanding anything to the contrary, and without expanding
the scope of the express language above, PFPC need not collect
the Data Elements for (or verify) prospective customer (or
accounts) beyond the requirements of relevant regulation (for
example, PFPC will not verify customers opening accounts through
NSCC) and PFPC need not perform any task that need not be
performed for the fund to be in compliance with relevant
regulation.
The Fund hereby represents and warrants that each of the
portfolios serviced by PFPC, and each legal entity of which such
portfolio is a part, has, and will at all times during which this
Agreement is in effect maintain in place, a written agreement
with each such other portfolio and entity, under which all such
parties may rely upon the Customer Identification Programs of any
other with respect to prospective investors who are then existing
customers of such other. Given such inter-company (or inter-fund)
agreement(s), PFPC need not perform steps (a)-(f) above with
respect to any subscriber who is then a customer of any other
fund within the same "fund family" as the Fund."
Section 2 (General provisions). This Amendment contains the entire
understanding between the parties with respect to the services contemplated
hereby. Except as expressly set forth herein, the Agreement shall remain
unaffected hereby.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be
executed by their duly authorized officers, as of the day and year first above
written.
Hillview Investment Trust II
By: /s/Xxxxxx X. Xxxxxxx
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Name: Xxxxxx X. Xxxxxxx
Title: Secretary and Treasurer
PFPC INC.
By: /s/Xxxx Xxxxxxx
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Name: Xxxx Xxxxxxx
Title: Client Services Manager
