Logo: DWS Xxxxxxx
Deutsche Bank Group
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, 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.
Unless otherwise specifically requested by the Fund, the Intermediary shall
only be required to provide information relating to Shareholder-Initiated
Transfer Purchases or Shareholder-Initiated Transfer Redemptions.
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.
Fund requests shall be made no more frequently than quarterly except as the
Fund 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 pursuant to this amendment for any purpose other than
as necessary to comply with the provisions of Rule 22c-2 or to fulfill
other regulatory or legal requirements subject to the privacy provisions of
Title V of the Xxxxx-Xxxxx Xxxxxx Act (Public Law 106-102) and comparable
state laws.
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. Unless otherwise directed by the Fund, any such restrictions or
prohibitions shall only apply to Shareholder-Initiated Transfer Purchases
or Shareholder-Initiated Transfer Redemptions that are effected directly or
indirectly through Intermediary. Instructions must be received by
Intermediary at the address that Intermediary may communicate to Fund in
writing from time to time.
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.
9.8 The term "Shareholder-Initiated Transfer Purchase" means a
transaction that is initiated or directed by a Shareholder that
results in a transfer of assets within a Contract to a Fund, but does
not include transactions that are executed: (i) automatically pursuant
to a contractual or systematic program or enrollment such as transfer
of assets within a Contract to a Fund as a result of "dollar cost
averaging" programs, insurance company approved asset allocation
programs, or automatic rebalancing programs; (ii) pursuant to a
Contract death benefit; (iii) one-time step-up in Contract value
pursuant to a Contract death benefit; (iv) allocation of assets to a
Fund through a Contract as a result of payments such as loan
repayments, scheduled contributions, retirement plan salary reduction
contributions, or planned premium payments to the Contract; or (v)
pre-arranged transfers at the conclusion of a required free look
period.
9.9 The term "Shareholder-Initiated Transfer Redemption" means a
transaction that is initiated or directed by a Shareholder that
results in a transfer of assets within a Contract out of a Fund, but
does not include transactions that are executed: (i) automatically
pursuant to a contractual or systematic program or enrollments such as
transfers of assets within a Contract out of a Fund as a result of
annuity payouts, loans, systematic withdrawal programs, insurance
company approved asset allocation programs and automatic rebalancing
programs; (ii) as a result of any deduction of charges or fees under a
Contract; (iii) within a Contract out of a Fund as a result of
scheduled withdrawals or surrenders from a Contract; or (iv) as a
result of payment of a death benefit from a Contract.
DWS XXXXXXX DISTRIBUTORS, INC.
By: ________________________________
Name: Xxxxxxx Xxxxxxx
Title: Chief Executive Officer
FIRM:COLUMBUS LIFE INSURANCE COMPANY
By: ________________________________ By: ________________________________
Name: Xxxx X. Xxxxxxxxx Name: Xxxxxx X. Xxxxxxxxx
Title: Senior Vice President Title: Senior Vice President
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.
