Exhibit (e)(1)(b)
AMENDMENT TO
DISTRIBUTION AGREEMENT
This Amendment is made as of June 27, 2001 between AMSOUTH FUNDS (the
"Fund"), an open-end investment management company registered under the
Investment Company Act of 1940, and BISYS Fund Services Limited Partnership
d/b/a BISYS Fund Services, an Ohio limited partnership ("Distributor"), 0000
Xxxxxxx Xxxx, Xxxxxxxx, Xxxx 00000. The parties hereby amend the Distribution
Agreement (the "Agreement") between the Fund and BISYS, dated as of November 23,
1999, as set forth below.
WHEREAS, BISYS, in its capacity as distributor for the Fund may
collect, retain or have access to nonpublic personal financial information
relating to consumers or customers of the Fund (as those terms are defined under
Public Law 106-102, titled the Xxxxx-Xxxxx-Xxxxxx Act) to perform services for,
or functions on behalf of the Fund; and
WHEREAS, the Fund and BISYS desire to protect the confidentiality and
security of nonpublic personal financial information relating to present or
former shareholders of the Fund.
NOW THEREFORE, in consideration of the mutual premises and covenants
herein set forth, the parties agree as follows:
1. CONFIDENTIALITY OF INFORMATION. Nonpublic personal financial
information relating to consumers or customers of the Fund provided by, or at
the direction of the Fund to BISYS, or collected or retained by BISYS to perform
its duties as distributor shall be considered confidential information. BISYS
shall not disclose or otherwise use nonpublic personal financial information
relating to present or former shareholders of the Fund other than for the
purposes for which that information was disclosed to BISYS, including use under
an exception in sections 248.14 or 248.15 of Securities and Exchange Commission
Regulation S-P in the ordinary course of business to carry out those purposes or
at the direction of the Fund.
2. PROCEDURAL SAFEGUARDS. BISYS shall maintain physical, electronic and
procedural safeguards reasonably designed to protect the security,
confidentiality and integrity of, and to prevent unauthorized access to or use
of records and information relating to consumers and customers of the Fund
3. FUND PRIVACY POLICY. The Fund represents to BISYS that it has
adopted a statement of its privacy policies and practices as required by
Securities and Exchange Commission Regulation S-P and agrees to provide BISYS
with a copy of that statement annually.
4. GOVERNING LAW. This Agreement shall be governed by, and provisions
shall be construed in accordance with, the laws of the State of Ohio.
5. EFFECTIVE DATE. The effective date of this amendment shall be July
1, 2001.
6. MISCELLANEOUS. This Amendment may be executed in one or more
counterparts, each of which will be deemed an original, but all of which
together shall constitute one and the same instrument. Except as specifically
set forth herein, all other provisions of the Agreement shall remain in full
force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
fully executed as of the day and year first written above.
AMSOUTH FUNDS
By:
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Title:
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BISYS FUND SERVICES LIMITED PARTNERSHIP
By:
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Title:
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