Dear Financial Services Firm (“you” or “Intermediary”), As principal underwriter of the DWS Funds, we (or a predecessor firm) or our affiliate have entered into a selling group or other agreement or agreements (the "Agreement") with you to permit you,...
Exhibit (13)(i)
DWS Xxxxxxx Distributors, Inc.
000 Xxxxx Xxxxxxxxx Xxxxx
Xxxxxxx, XX 00000-0000
(000) 000-0000
Dear Financial Services Firm (“you” or
“Intermediary”),
As principal underwriter of the DWS Funds, we (or a predecessor firm) or our affiliate have entered into a selling group or other agreement or agreements (the "Agreement") with
you to permit you, as applicable, to sell, service, or facilitate trading in shares of the DWS Funds (collectively, the "Shares").
This amendment to the Agreement is entered into as of the date indicated in
the signature block below, with an effective date of October 16, 2007, or such earlier date as of which you begin providing the Shareholder information described below, and includes the following provisions:
1. Agreement to Provide Information. Intermediary agrees to provide the Fund, upon written request, the taxpayer identification number (“TIN”), the Individual Taxpayer Identification
Number (“ITIN”), or other government-issued identifier (“GII”), if known, of any or all Shareholder(s) of the account and the amount, date, name or other identifier of any investment professional(s) associated with the
Shareholder(s) or account (if known), and transaction type (purchase, redemption, transfer, or exchange) of every purchase, redemption, transfer, or exchange of Shares held through each account maintained by the Intermediary during the period
covered by the request.
2. Period Covered by Request. Requests must set forth a specific period, not to exceed 90 days from the date of the
request, for which transaction information is sought. The Fund may request transaction information older than 90 days from the date of the request as it deems necessary to investigate compliance with policies established by the Fund for the purpose
of eliminating or reducing any dilution of the value of the outstanding shares issued by the Fund.
3. Form and Timing of Response.
(a) Intermediary agrees to provide, promptly upon request of the
Fund or its designee, the requested information specified in paragraph 1 above. If requested by the Fund or its designee, Intermediary agrees to use best efforts to determine promptly whether any specific person about whom it has received the
identification and transaction information specified in paragraph 1 is itself a financial intermediary (“indirect intermediary”) and, upon further request of the Fund or its designee, promptly either (i) provide
(or arrange to have provided) the information set forth in paragraph 1 for
those shareholders who hold an account with an indirect intermediary or (ii) restrict or prohibit the indirect intermediary from purchasing, in nominee name on behalf of other persons, securities issued by the Fund.
(b) Responses required by this
paragraph must be communicated in writing and in a format mutually agreed upon by the parties.
(c) To the extent practicable, the format for any transaction
information provided to the Fund should be consistent with the NSCC Standardized Data Reporting Format
4. Limitations on Use of Information. The Fund agrees not to use the information received for marketing or any other
similar purpose without the prior written consent of the Intermediary.
5. Agreement to Restrict Trading. Intermediary agrees to execute written
instructions from the Fund to restrict or prohibit further purchases or
exchanges of
Shares by a Shareholder that has been identified
by the Fund as having engaged in
transactions of the
Fund’s Shares (directly or indirectly through the Intermediary’s account) that violate policies established or utilized by the Fund for the purpose of eliminating or reducing any dilution of the value of the outstanding Shares issued by
the Fund.
6. Form of Instructions. Instructions to restrict or prohibit trading must include the TIN, ITIN, or GII, if known, and
the specific restriction(s) to be executed. If the TIN, ITIN, or GII is not known, the instructions must include an equivalent identifying number of the Shareholder(s) or account(s) or other agreed upon information to which the instruction
relates.
7. Timing of Response. Intermediary agrees to execute instructions from the Fund to restrict or prohibit trading as soon
as reasonably practicable, but not later than five business days after receipt of the instructions by the Intermediary.
8. Confirmation by
Intermediary. Intermediary must provide written confirmation to the Fund that instructions from the Fund to restrict or prohibit trading have been executed. Intermediary agrees to provide confirmation as soon as reasonably practicable, but
not later than ten business days after the instructions have been executed.
9. Definitions. For purposes of this amendment:
9.1 The
term “Fund” includes the fund’s principal underwriter and transfer agent. The term does not include any “excepted funds” as defined in SEC Rule 22c-2(b) under the Investment Company Act of 1940.*
9.2 The term
“Shares” means the interests of Shareholders corresponding to the redeemable securities of record issued by the Fund under the Investment Company Act of 1940 that are held by the Intermediary.
9.3 Except as otherwise provided in this paragraph 9.3, the term “Shareholder” means the beneficial owner of Shares, whether the Shares are held directly or by the Intermediary in nominee
name. If you are a retirement plan recordkeeper, the term “Shareholder” means each retirement plan participant notwithstanding that the retirement plan may be deemed to be the beneficial owner of Shares. If you are an insurance company,
the term “Shareholder” means the holder of interests in a variable annuity or variable life insurance contract issued by the Intermediary.
9.4 |
The term “written” includes electronic writings and facsimile
transmissions. |
9.5 |
The term “Intermediary” shall mean a “financial
institution” as defined in SEC Rule 22c-2. |
9.6 |
The term “purchase” does not include the automatic reinvestment of
dividends. |
9.7 |
The term “promptly” as used in paragraph 3(a) shall mean as soon as
practicable but in no event later than ten business days from the Intermediary’s receipt of the request for information from the Fund or its designee. |
DWS XXXXXXX DISTRIBUTORS, INC.
By:
__________________________
Name: Xxxxxxx Xxxxxxx
Title:Chief Executive
Officer
FIRM:
________________________
By:
__________________________
Name:
________________________
Title: _________________________
Date:
_________________________
* As defined in
SEC Rule 22c-2(b), the term “excepted fund” means any: (1) money market fund; (2) fund that issues securities that are listed on a national exchange; and (3) fund that affirmatively permits short-term trading of its securities, if its
prospectus clearly and prominently discloses that the fund permits short-term trading of its securities and that such trading may result in additional costs for the fund.