TRANSFER AGENT SERVICING AGREEMENT
ADDENDUM
TO THE
THIS
ADDENDUM dated as of this 13th day of May, 2009, to the Transfer Agent Servicing
Agreement which was originally titled Shareholder Servicing Agent Agreement,
dated as of November 19, 1987 (the “Transfer Agent Agreement”) is entered into
by and between CONCORDE VALUE
FUNDS, INC., a Texas Corporation (the "Corporation") and U.S. BANCORP FUND SERVICES,
LLC, a Wisconsin limited liability company ("USBFS").
RECITALS
WHEREAS, the Corporation and
USBFS entered into the Transfer Agent Agreement; and
WHEREAS, the Corporation and
USBFS desire to modify the Addendum dated July 24, 2002 to the Transfer Agent
Agreement regarding the Anti-Money Laundering Program (the “2002 Addendum”) to
add references to the Red Flag Identity Theft Prevention Program;
and
WHEREAS, the 2002 Addendum
allows for its modification by a written instrument executed by both
parties.
NOW, THEREFORE, the
Corporation and USBFS agree to modify the 2002 Addendum as provided
below:
The
Corporation acknowledges that it has had an opportunity to review, consider and
comment upon the written procedures provided by USBFS describing various tools
used by USBFS which are designed to promote the detection and reporting of
potential money laundering activity by monitoring certain aspects of shareholder
activity as well as written procedures for verifying a customer’s identity
(collectively, the “Procedures”). Further, the Corporation has
determined that the Procedures, as part of the Corporation’s overall anti-money
laundering program and the Red Flag Identity Theft Prevention program, are
reasonably designed to prevent the Fund from being used for money laundering or
the financing of terrorist activities and to achieve compliance with the
applicable provisions of the Fair and Accurate Credit Transactions Act of 2003
and the USA Patriot Act of 2001 and the implementing regulations
thereunder.
Based on
this determination, the Corporation hereby instructs and directs USBFS to
implement the Procedures on the Corporation’s behalf, as such may be amended or
revised from time to time. It is contemplated that these Procedures
will be amended from time to time by the parties as additional regulations are
adopted and/or regulatory guidance is provided relating to the Corporation’s
anti-money laundering and identity theft responsibilities.
USBFS
agrees to provide to the Corporation:
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(a)
|
Prompt
written notification of any transaction or combination of transactions
that USBFS believes, based on the Procedures, evidence money laundering or
identity theft activities in connection with the Corporation or any
shareholder of the Fund;
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(b)
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Prompt
written notification of any customer(s) that USBFS reasonably believes,
based upon the Procedures, to be engaged in money laundering or identity
theft activities, provided that the Corporation agrees not to communicate
this information to the customer;
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(c)
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Any
reports received by USBFS from any government agency or applicable
industry self-regulatory organization pertaining to USBFS’s anti-money
laundering monitoring or the Red Flag Identity Theft Prevention Program on
behalf of the Corporation;
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(d)
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Prompt
written notification of any action taken in response to anti-money
laundering violations or identity theft activity as described in (a), (b)
or (c); and
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(e)
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Certified
annual and quarterly reports of its monitoring and customer identification
activities on behalf of the
Corporation.
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The
Corporation hereby directs, and USBFS acknowledges, that USBFS shall (i) permit
federal regulators access to such information and records maintained by USBFS
and relating to USBFS’s implementation of the Procedures, on behalf of the
Corporation, as they may request, and (ii) permit such federal regulators to
inspect USBFS’s implementation of the Procedures on behalf of the
Corporation.
Except to
the extent amended hereby, the Transfer Agent Agreement shall remain in full
force and effect.
IN WITNESS WHEREOF, the
parties hereto have caused this Addendum to be executed by a duly authorized
officer on one or more counterparts as of the date and year first written
above.
CONCORDE VALUE FUNDS,
INC. U.S. BANCORP FUND SERVICES,
LLC
By: /s/
Xxxx X. Xxxx
By: /s/
Xxxxxxx X.
XxXxx
Name:
Xxxx X. Xxxx
Name:
Xxxxxxx X. XxXxx
Title:
President
Title:
Executive Vice President
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