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) 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.
ABN AMRO FUNDS
By: /s/ Xxxxxx Xxxxxxxxxx
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Name: Xxxxxx Xxxxxxxxxx
Title: Senior Vice President
PFPC INC.
By: /s/ Xxxxx X. Xxxxxx
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Name: Xxxxx X. Xxxxxx
Title: Senior Vice President/ Managing Director
