AMENDMENT NO. 1 TO
TRANSFER AGENCY AND SERVICES AGREEMENT
Amendment No. 1, dated as of August 20, 2002, the Transfer Agency and
Services Agreement dated as of January 1, 2002 (the "Agreement"), by and between
ICM Series Trust, a Massachusetts business trust, with its principal office and
place of business at 00 Xxxxxx Xxxxx Xxxxxx, Xxxxxx, XX 00000 (the "Trust"), and
Forum Shareholder Services, LLC, a Delaware limited liability company with its
principal office and place of business at Xxx Xxxxxxxx Xxxxxx, Xxxxxxxx, Xxxxx
00000 ("Forum").
WHEREAS, the Trust is in compliance with all applicable anti-money
laundering laws, regulations, rules and government guidance, including the
reporting, recordkeeping and compliance requirements of the Bank Secrecy Act
("BSA"), as amended by the USA PATRIOT Act of 2001 (together with its
implementing regulations, the "Patriot Act"), its implementing regulations, and
related governmental and self-regulatory organization rules and regulations; and
WHEREAS, in accordance with its obligation to provide transfer agency
services under this Agreement, Forum has instituted an anti-money laundering
program that is intended to ensure that the Trust is in material compliance with
all applicable anti-money laundering laws, regulations, rules and government
guidance related to the services to be provided by Forum under this Agreement;
and
WHEREAS, it is contemplated that this anti-money laundering program
will be amended from time to time, as additional regulations are adopted and/or
regulatory guidance is provided relating to the Trust's or Forum's anti-money
laundering responsibilities, including, but not limited to, rules relating to
investor identification and verification pursuant to Section 326 of the Patriot
Act;
NOW THEREFORE, the Agreement is hereby amended as follows:
1. Forum agrees to notify the Trust of any change to Forum's anti-money
laundering program that may materially impact the Trust's AML Program.
2. Forum agrees to allow appropriate federal examiners to (a) obtain
and inspect information and records maintained by Forum under this Agreement
relating to the Trust's anti-money laundering program and (b) inspect the
transfer agent for purposes of the Trust's anti-money laundering program.
3. The Trust agrees to notify Forum promptly about any known suspicious
activities related to open accounts. Forum agrees to notify the Trust promptly
about any detected suspicious activities pursuant to Forum's anti-money
laundering program.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be
executed in their names and on their behalf by and through their duly authorized
persons, as of the day and year first above written.
ICM SERIES TRUST
By: /S/ XXXXXX X. XXXXXXXX
----------------------------------------------------
Xxxxxx X. Xxxxxxxx
President
FORUM SHAREHOLDER SERVICES, LLC
By: FORUM HOLDINGS CORP. I, as Manager
By: /S/ XXXX X. XXXXXX
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Xxxx X. Xxxxxx
President
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