FORT PITT CAPITAL FUNDS AMENDMENT TO THE TRANSFER AGENT SERVICING AGREEMENT
AMENDMENT
TO THE TRANSFER AGENT SERVICING AGREEMENT
THIS AMENDMENT dated as of February 4,
2004 to the Transfer Agent Servicing Agreement dated as of December 20, 2001, by
and between Fort Pitt Capital Funds, a Delaware business trust, and Firstar
Mutual Fund Services, LLC, a Wisconsin limited liability company, shall be as
follows:
A. Effective
January 1, 2002, the name Firstar Mutual Fund Services, LLC, has been changed to
U.S. Bancorp Fund Services, LLC. Accordingly, all references to
Firstar Mutual Fund Services, LLC in this Agreement shall be replaced with U.S.
Bancorp Fund Services, LLC. Similarly, any references to Firstar
Bank, N.A. should be replaced with U.S. Bank, N.A.
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B.
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Anti-Money Laundering
Program shall be amended and replaced in its entirety as
follows:
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Anti-Money
Laundering Program
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The
Trust acknowledges that it has had an opportunity to review, consider and
comment upon the procedures provided by USBFS describing various tools
designed to promote the detection and reporting of potential money
laundering activity by monitoring certain aspects of shareholder activity
(the “Monitoring Procedures”) as well as written procedures for verifying
a customer’s identity (the “Customer Identification Procedures”), together
referred to as the “Procedures,” and the Trust has determined that the
Procedures, as part of the Trust’s overall anti-money laundering 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 provision of the Bank Secrecy Act and the
implementing regulations
thereunder.
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Based
on this determination, the Trust hereby instructs and directs USBFS to
implement the Procedures on the Trust’s behalf, as such may be amended or
revised from time to time.
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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 Trust’s anti-money laundering
responsibilities.
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USBFS
agrees to provide to the Trust:
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(a)
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Prompt
written notification of any transaction or combination of transactions
that USBFS believes, based on the Procedures, evidence money laundering
activity in connection with the Trust 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 activity,
provided that the Trust 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 on behalf of the
Trust;
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(d)
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Prompt
written notification of any action taken in response to anti-money
laundering violations as described in (a), (b) or (c);
and
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(e)
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A
certified annual report of its monitoring and customer identification
activities on behalf of the Trust. USBFS shall provide such
other reports on the monitoring and customer identification activities
conducted at the direction of the Trust as may be agreed to from time to
time by USBFS and the Trust.
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The Trust
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 Trust, as
they may request, and (ii) permit such federal regulators to inspect USBFS’s
implementation of the Procedures on behalf of the Trust.
IN
WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed by
a duly authorized officer on one or more counterparts as of the day and year
first written above.
| U.S. BANCORP FUND SERVICES, LLC | |
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By: /s/ Xxxxxx X.
Xxxxxx
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By: /s/ Xxx X. Xxxxxxx |
