Exhibit 8(c)
AMENDMENT
To Transfer Agency and Service Agreement
Between
Xxxxxxx Xxxxx Funds for Institutions Series
And
State Street Bank and Trust Company
This Amendment is made as of this 1st day of March, 2006 between Xxxxxxx Xxxxx
Funds for Institutions Series (the "Fund") and State Street Bank and Trust
Company (the "Transfer Agent"). In accordance with Section 15.1 (Amendment) of
the Transfer Agency and Service Agreement between Xxxxxxx Xxxxx Funds for
Institutions Series and State Street Bank and Trust Company dated February 1,
2000 (the "Agreement") the parties desire to amend the Agreement to reflect a
change in Exhibit A (Delegation of Duties) dated September 30, 2003.
NOW THEREFORE, the parties agree as follows:
1. Exhibit A. The Exhibit A (Delegation of Duties) added to the Agreement
September 30, 2003 is hereby replaced and superseded with the Exhibit A attached
hereto and dated March 1, 2006;
2. All defined terms and definitions in the Agreement shall be the same in this
amendment (the "Amendment") except as specifically revised by this Amendment;
and
3. Except as specifically set forth in this Amendment, all other terms and
conditions of the Agreement shall remain in full force and effect.
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
officers, as of the day and year first above written.
XXXXXXX XXXXX FUNDS FOR STATE STREET BANK AND TRUST COMPANY
INSTITUTIONS SERIES
By: /s/ Xxxxxxx X. Xxxxx By: /s/ Xxxxxx X. Xxxxxx
------------------------ ------------------------
Name: Xxxxxxx X. Xxxxx Xxxxxx X. Xxxxxx,
Title: Vice President Executive Vice President
EXHIBIT A
DELEGATED DUTIES
Date: 3/30/06
Consistent with the services provided by the Transfer Agent and with respect to
the ownership of shares in the Fund for which the Transfer Agent maintains the
applicable shareholder information, the Transfer Agent shall:
1. Submit all new account and registration maintenance transactions through
the Office of Foreign Assets Control ("OFAC") database and such other
lists or databases of trade restricted individuals or entities as may be
required from time to time by applicable regulatory authorities.
2. Submit special payee checks through the OFAC database.
3. Review redemption transactions that occur within thirty (30) days of
account establishment or maintenance.
4. Review wires sent pursuant to banking instructions other than those on
file with the Transfer Agent.
5. Review accounts with small balances followed by large purchases.
6. Review accounts with frequent activity within a specified date range
followed by a large redemption.
7. On a daily basis, review purchase and redemption activity per tax
identification number ("TIN") within the Funds to determine if activity
for that TIN exceeded the $100,000 threshold on any given day.
8. Compare all new accounts and registration maintenance through the Known
Offenders database and notify the Fund of any match.
9. Monitor and track cash equivalents under $10,000 for a rolling
twelve-month period and file IRS Form 8300 and issue the shareholder
notices required by the IRS.
10. Determine when a suspicious activity report ("SAR") should be filed as
required by regulations applicable to mutual funds; prepare and file the
SAR. Provide the Fund with a copy of the SAR within a reasonable time
after filing; notify the Fund if any further communication is received
from U.S. Department of the Treasury or other law enforcement agencies
regarding the SAR.
11. Compare account information to any FinCEN request received by the Fund and
provided to the Transfer Agent pursuant to Uniting and Strengthening
America by Providing Appropriate Tools Required to Intercept and Obstruct
Terrorism Act of 2001 ("USA PATRIOT Act") Sec. 314(a). Provide the Fund
with documents/information necessary to respond to requests under USA
PATRIOT Act Sec. 314(a) within required time frames.
EXHIBIT A
DELEGATED DUTIES
Date: March 1, 2006
(continued)
12. In accordance with agreed upon procedures between the Fund and the
Transfer Agent, utilize information provided to the Transfer Agent by the
Fund to assist the Fund in performing its Customer Identification Process
by employing additional data bases in efforts to provide missing and/or
incorrect information. The Fund is responsible for reviewing information
provided by the Transfer Agent and updating the accounts.
In the event that the Transfer Agent detects activity as a result of the
foregoing procedures, which necessitates the filing by the Transfer Agent of a
SAR, a Form 8300 or other similar report or notice to OFAC or other regulatory
agency, then the Transfer Agent shall also immediately notify the Fund unless
prohibited by applicable Law.
XXXXXXX XXXXX FUNDS FOR STATE STREET BANK AND TRUST COMPANY
INSTITUTIONS SERIES
By: /s/ Xxxxxxx X. Xxxxx By: /s/ Xxxxxx X. Xxxxxx
------------------------ ------------------------
Name: Xxxxxxx X. Xxxxx Xxxxxx X. Xxxxxx,
Title: Vice President Executive Vice President
