SHAREHOLDER SERVICE, DIVIDEND DISBURSING
AND TRANSFER AGENT AGREEMENT
BETWEEN
EQUITRUST VARIABLE INSURANCE SERIES FUND
AND
EQUITRUST INVESTMENT MANAGEMENT SERVICES, INC.
This Shareholder Service, Dividend Disbursing and Transfer Agent Agreement
made the 12th day of August, 1987, as amended and restated the 1st day of
December, 2002, between EQUITRUST VARIABLE INSURANCE SERIES FUND a Massachusetts
business trust (the "Fund"), and EQUITRUST INVESTMENT MANAGEMENT SERVICES, INC.,
a Delaware corporation (the "Agent");
WITNESSETH:
WHEREAS, the Fund desires to enter into a Shareholder Service, Dividend
Disbursing and Transfer Agent agreement with Agent under which Agent will
provide the services as set forth in detail in this Agreement, and Agent is
desirous of providing such services upon the terms and conditions hereinafter
provided,
NOW, THEREFORE, in consideration of the mutual covenants herein contained,
it is agreed as follows:
1. The Agent shall perform all the usual and ordinary services of stock
transfer agent and dividend disbursing agent for the Fund, including
those hereinafter set forth. The Agent shall:
(a) keep the stock transfer books or records of the Fund and
addresses of all shareholders, and the number and date of
issuance of full and fractional shares held by each.
(a) handle the issuance and redemption of the Fund shares;
(b) effect and record shareholder transfers of ownership and changes
in forms of registration;
(c) cause all shareholder reports and proxies to be properly
addressed and mailed in connection with shareholders meetings;
(d) tabulate all proxies; and
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(e) prepare and mail all required shareholder federal and state and
other income tax information forms.
2. The Agent shall also act as the Fund's dividend agent in allocating and
causing ordinary income dividend and capital gains distributions to be
disbursed to shareholders.
3. For its services specified above, the Fund shall pay to the Agent fees as
provided in Exhibit A which is attached hereto and made a part hereof. Such
fees shall be paid by the Fund monthly.
4. The Agent agrees to act in good faith in furnishing the services provided
for herein. At the Agent's option it may furnish all necessary facilities
and personnel directly or it may retain a separate organization for the
purpose of performing all or any portion of the Agent's obligations under
this Agreement. The Agent assumes no responsibility under this Agreement
other than to render in good faith the services called for hereunder.
5. The Agent agrees that in all matters relating to the services to be
performed by it hereunder, it will use its best efforts to act in
conformity with the terms of the Declaration of Trust, By-Laws,
Registration Statement and current Prospectus of the Fund. Each of the
parties agrees that in all matters relating to the performance of this
Agreement, it will use its best efforts to conform to and comply with the
requirements of the Investment Company Act of 1940 and all other applicable
federal, state or other laws and regulations.
6. To the extent required by Section 31 of the Investment Company Act of 1940
and the rules and regulations thereunder, Agent agrees that all records
maintained by it (or its sub-agent) relating to the services to be
performed by Agent under this Agreement are the property of the Fund and
will be preserved and surrendered promptly to the Fund on request.
7. The services of the Agent as provided herein are not to be deemed to be
exclusive, and it shall be free to render services of any kind to any other
group, firm, individual or association, including other investment
companies, and to engage in any other business or activity.
8. This Agreement, including Exhibit A hereto, may be amended at any time by
mutual written consent of the parties.
9. This Agreement shall be effective as of the date of execution, and may be
terminated by either party hereto upon sixty (60) days' written notice
given by one to the other, provided that no such notice of termination
given by the Agent to the Fund shall be effective unless and until a
substitute person or entity has been engaged by the Fund to perform the
services required hereunder for the Fund, or the Fund has certified to the
Agent that other arrangements have been made by it to provide such
services.
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10. The Agent understands that the obligations of the Fund under this Agreement
are not binding upon any officers or trustees of the Fund personally, but
bind only the Fund and the Fund property. The Agent represents that it has
notice of the provisions of the Declaration of Trust of the Fund
disclaiming officers and trustee liability for acts or obligations of the
Fund.
IN WITNESS WHEREOF, the parties have caused this Agreement to be signed by
their respective officers thereunto duly authorized and their respective seals
to be hereunto affixed, as of the day and year first above written.
ATTEST: EQUITRUST VARIABLE INSURANCE
SERIES FUND, INC.
By:/s/ Xxxxxx X. Xxxxxx By:/s/ Xxxxxxx X. Xxxx
------------------------------------------ -------------------------
Xxxxxx X. Xxxxxx Xxxxxxx X. Xxxx
Vice President - Investment Administration Chief Executive Officer
ATTEST: EQUITRUST INVESTMENT
MANAGEMENT SERVICES, INC.
By:/s/ Xxxxxx Xxxxxx By:/s/ Xxxxxx X. Xxxxxx
------------------------- ---------------------------
Xxxxxx Xxxxxx Xxxxxx X. Xxxxxx
Assistant Secretary President
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EXHIBIT A
TO
SHAREHOLDER SERVICE, DIVIDEND DISBURSING
AND TRANSFER AGENT AGREEMENT
BETWEEN
EQUITRUST VARIABLE INSURNCE SERIES FUND
AND
EQUITRUST INVESTMENT MANAGEMENT SERVICES, INC.
Fees:
$00.00 per Equity Portfolio account per year.
$00.00 per Fixed-Income Portfolio account per year.
$00.00 per Money Market Portfolio account per year.
The fee is payable each month at the rate of 1/12th of the annual fee per Fund
Portfolio account.
In addition, the Fund will pay each month out-of-pocket expenses incurred or
advances made by EquiTrust Investment Management Services, Inc. under the
Dividend Disbursing and Transfer Agent Agreement. These items include, but are
not limited to, postage, envelopes, checks, continuous forms, reports and
statements, telephone, telegraph, stationary, supplies, costs of outside mailing
firms, record storage costs and media for storage of records (e.g., microfilm,
computer tapes).
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