EXHIBIT (h)(9)
ANTI-MONEY LAUNDERING AND PRIVACY AMENDMENT
This ANTI-MONEY LAUNDERING AND PRIVACY AMENDMENT (this "AMENDMENT")
amends as of the 24th day of July, 2002 (the "EFFECTIVE DATE"), the Transfer
Agency Services Agreement, dated as of April 1, 2000, between ABN AMRO Funds
(f/k/a the Alleghany Funds) (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 that, as of
the Effective Date, the Agreement shall (without any further action by either of
the parities hereto) be amended as follows:
1. PRIVACY. As of the Effective Date, the Agreement is amended by adding the
following new provision:
"Privacy. Each party hereto acknowledges and agrees that, subject to
the reuse and re-disclosure provisions of Xxxxxxxxxx X-X, 00 XXX Part
248.11, it shall not disclose the non-public personal information of
investors in the Fund obtained under this agreement, except as
necessary to carry out the services set forth in this agreement or as
otherwise permitted by law or regulation."
2. ANTI-MONEY LAUNDERING. As of the Effective Date, the Agreement is amended by
adding the following new provision:
"Anti-Money Laundering. PFPC shall provide the services described in
Section 15 of the Agreement consistent with the Securities Laws, in
compliance with Section 352 of the USA PATRIOT Act, as follows
(specifically, PFPC undertakes to perform the services described in the
attached ANTI-MONEY LAUNDERING SERVICES PROGRAM SUMMARY as stated
therein): In this regard, PFPC shall: (a) establish and implement
written internal policies, procedures and controls reasonably designed
to help prevent the Fund from being used to launder money or finance
terrorist activities; (b) provide for independent testing, by an
employee who is not responsible for the operation of PFPC's AML program
or by an outside party, for compliance with PFPC's established policies
and procedures; (c) designate a person or persons responsible for
implementing and monitoring the operation and internal controls of
PFPC's AML program; and (d) provide ongoing training of PFPC personnel
relating to the prevention of money-laundering activities. Upon the
reasonable request of the Fund, PFPC shall promptly provide to the
Fund: (x) a copy of PFPC's written AML policies and procedures (a copy
of which is attached hereto) (it being understood such information is
to be considered confidential and treated as such and afforded all
protections provided to confidential information under this agreement);
(y) at the option of PFPC, a copy of a written assessment or report
prepared by the party performing the independent testing for compliance
(or a summary thereof) or a certification that the findings of the
independent party are satisfactory (PFPC will also provide a copy of
such a summary or certification upon the reasonable request of the
Fund); and (z) a summary of the AML training provided for appropriate
personnel. PFPC agrees to permit inspections relating to its AML
program by U.S. Federal departments or regulatory agencies with
appropriate jurisdiction and to make available to examiners from such
departments or regulatory agencies such information and records
relating to its AML program as such examiners shall reasonably request.
Upon the publication of additional final anti-money laundering
regulations, PFPC will work with the Fund to offer, on reasonable
terms, for the Fund's benefit services to help the Fund satisfy its
obligations under such regulations."
3. GENERAL. 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.
By: __________________________________________
Name:
Title:
PFPC INC.
By: __________________________________________
Name:
Title:
