EXHIBIT (h)(3)(i)
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 December 20, 2001, between AXA Premier
Funds Trust (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 nonpublic 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. To the extent the other provisions of this
agreement require PFPC to establish, maintain and monitor accounts of
investors in the Fund consistent with securities laws, PFPC shall
perform reasonable actions necessary to help the Fund be in compliance
with United States Federal anti-money laundering ("AML") laws
applicable to investor activity, including the Bank Secrecy Act and the
PATRIOT Act, as follows: 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 provide to the Fund.: (x) a
copy of PFPC's written AML policies and procedures (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; 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."
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.
AXA Premier Funds Trust
By: /s/ Xxxxxxxx Xxxxx
-----------------------------------
Name: Xxxxxxxx Xxxxx
Title: Vice President and Secretary
PFPC INC.
By: /s/ Xxxxx X. Xxxxxxxxx
-----------------------------------
Name: Xxxxx X. Xxxxxxxxx
Title: Vice President
[PFPC GLOBAL FUND SERVICES LETTERHEAD OMITTED]
8/2/02
AXA Premier Funds Trust
Re: ANTI-MONEY LAUNDERING SERVICES
------------------------------
Dear Xxxxxxxx:
This letter constitutes our agreement with respect to compensation to
be paid to PFPC Inc. ("PFPC") under the terms of an Anti-Money Laundering
Amendment dated on or about the date hereof (the "Amendment") to the Transfer
Agency Services Agreement dated December 20, 2001 (the "Agreement") between AXA
Premier Funds Trust (the "Company") and PFPC for anti-money laundering ("AML")
services provided to or on behalf of the Company. In consideration only of the
AML services to be provided to the Company, the Company will pay PFPC an annual
AML services fee to be calculated and paid monthly as set forth below. Such fees
are in addition to, and in no way replace, other fees to which the parties
hereto have agreed in connection with the Agreement or any amendment thereto.
--------------------------------------------------------
Number of Open Accounts Annual Fee
--------------------------------------------------------
100-9,999 * $3,000
--------------------------------------------------------
10,000 - 49,999 $6,000
--------------------------------------------------------
50,000 - 99,999 $13,000
--------------------------------------------------------
100,000 - 499,999 $26,000
--------------------------------------------------------
500,000-999,999 $35,000
--------------------------------------------------------
1,000,000 + $50,000
--------------------------------------------------------
* Fee that will apply to your fund group based on June 30, 2002 numbers.
The AML services fee for the period from July 24, 2002 until the end of
the year shall be prorated according to the proportion that such period bears to
the full annual period.
If the foregoing accurately sets forth our agreement about fees for AML
services and you intend to be legally bound thereby, please execute a copy of
this letter and return it to us.
Very truly yours, Agreed and Accepted:
PFPC INC. AXA Premier Funds Trust
By: /s/ Xxxxx X. Xxxxxxxxx By: /s/ Xxxxxxxx Xxxxx
----------------------------- --------------------------------
Name: Xxxxx X. Xxxxxxxxx Name: Xxxxxxxx Xxxxx
Title: Vice President Title: Vice President and Secretary
PFPC INC.
------------------------------------------------------
000 XXXXX XXXXX XXXX, XXXX XX XXXXXXX, XX 00000
