Common use of FinCEN Requests Under USA PATRIOT Act Section 314(a) Clause in Contracts

FinCEN Requests Under USA PATRIOT Act Section 314(a). BNYM will provide the services set forth in this Section (4) with respect to FinCEN Section 314(a) information requests ("Information Requests") received by the Fund. Upon receipt by BNYM of an Information Request delivered by the Fund in full compliance with all 314(a) Procedures (as defined below), BNYM will compare appropriate information contained in the Information Request against relevant information contained in account records maintained for the Fund. Information relating to potential matches resulting from these comparisons, after review by BNYM for quality assurance purposes ("Comparison Results"), will be made available to the Fund in a timely manner. In addition, a potential match will be analyzed by BNYM in conjunction with other relevant activity contained in records for the particular relevant account, and if, after such analysis, BNYM determines that further investigation is warranted because the activity might constitute "suspicious activity", as that term is used in the Bank Secrecy Act and the suspicious activity reporting requirements thereunder, then BNYM will deliver a suspicious activity referral to the Fund in a timely manner, with "timely" for all purposes of Appendix C meaning within a commercially reasonable period following BNYM's detection of the events and circumstances reasonably suspected to be suspicious activity and BNYM's investigation of such events and circumstances, utilizing reasonably designed detection and investigative procedures which may include consultation with the Fund. "314(a) Procedures" means the procedures adopted from time to time by BNYM governing the delivery and processing of Information Requests transmitted by BNYM's clients to BNYM, including without limitation requirements governing the timeliness, content, completeness, format and mode of transmissions to BNYM.

Appears in 11 contracts

Samples: CLT Agreement (Voya VARIABLE PORTFOLIOS INC), CLT Agreement (Voya PARTNERS INC), CLT Agreement (Voya VARIABLE INSURANCE TRUST)

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FinCEN Requests Under USA PATRIOT Act Section 314(a). BNYM will provide the services set forth in this Section (43(b)(4) with respect to FinCEN Section 314(a) information requests ("Information Requests") received by the Fund. Upon receipt by BNYM of an Information Request delivered by the Fund in full compliance with all 314(a) Procedures (as defined below), BNYM will compare appropriate information contained in the Information Request against relevant information contained in account records maintained for the Fund. Information relating to potential matches resulting from these comparisons, after review by BNYM for quality assurance purposes ("Comparison Results"), will be made available to the Fund in a timely manner. In addition, a potential match will be analyzed by BNYM in conjunction with other relevant activity contained in records for the particular relevant account, and if, after such analysis, BNYM determines that further investigation is warranted because the activity might constitute "suspicious activity", as that term is used in for purposes of the Bank Secrecy Act and the suspicious activity reporting requirements thereunderUSA PATRIOT Act, then BNYM will deliver a suspicious activity referral to the Fund and forward the potential match to BNYM Corporation's Suspicious Activity Response Team ("SART") which will perform the services set forth in a timely manner, with "timely" for all purposes of Appendix C meaning within a commercially reasonable period following BNYM's detection of the events and circumstances reasonably suspected to be suspicious activity and BNYM's investigation of such events and circumstances, utilizing reasonably designed detection and investigative procedures which may include consultation with the FundSection 6(C). "314(a) Procedures" means the procedures adopted from time to time by BNYM governing the delivery and processing of Information Requests transmitted by BNYM's clients to BNYM, including without limitation requirements governing the timeliness, content, completeness, format and mode of transmissions to BNYM.

Appears in 3 contracts

Samples: Transfer Agency and Shareholder Services Agreement (Touchstone Variable Series Trust), Transfer Agency and Shareholder Services Agreement (Touchstone Funds Group Trust), Transfer Agency and Shareholder Services Agreement (Touchstone Strategic Trust)

FinCEN Requests Under USA PATRIOT Act Section 314(a). BNYM will provide the services set forth in this Section (43(b)(4) with respect to FinCEN Section 314(a) information requests ("Information Requests") received by the Fund. Upon receipt by BNYM of an Information Request delivered by the Fund in full compliance with all 314(a) Procedures (as defined below), BNYM will compare appropriate information contained in the Information Request against relevant information contained in account records maintained for the Fund. Information relating to potential matches resulting from these comparisons, after review by BNYM for quality assurance purposes ("Comparison Results"), will be made available to the Fund in a timely manner. In addition, a potential match will be analyzed by BNYM in conjunction with other relevant activity contained in records for the particular relevant account, and if, after such analysis, BNYM determines that further investigation is warranted because the activity might constitute "suspicious activity", as that term is used in the Bank Secrecy Act and the suspicious activity reporting requirements thereunder, then BNYM will deliver a suspicious activity referral to the Fund in a timely manner, with "timely" for all purposes of Appendix C this Section 3(b)(4) meaning within a commercially reasonable period following BNYM's ’s detection of the events and circumstances reasonably suspected to be suspicious activity and BNYM's ’s investigation of such events and circumstances, utilizing reasonably designed detection and investigative procedures which procedures. BNYM shall have no responsibility for filing reports with FinCEN that may include consultation be appropriate based on the Comparison Results or a referral. Such responsibility, as between the Fund and BNYM, shall remain with the FundFund exclusively. "314(a) Procedures" means the procedures adopted from time to time by BNYM governing the delivery and processing of Information Requests transmitted by BNYM's ’s clients to BNYM, including without limitation requirements governing the timeliness, content, completeness, format and mode of transmissions to BNYM.

Appears in 2 contracts

Samples: Transfer Agency and Shareholder Services Agreement (Lord Abbett Research Fund Inc), Transfer Agency and Shareholder Services Agreement (Lord Abbett Investment Trust)

FinCEN Requests Under USA PATRIOT Act Section 314(a). BNYM will provide the services set forth in this Section (43(b)(4) with respect to FinCEN Section 314(a) information requests ("Information Requests") received by the Fund. Upon receipt by BNYM of an Information Request delivered by the Fund in full compliance with all 314(a) Procedures (as defined below), BNYM will compare appropriate information contained in the Information Request against relevant information contained in account records maintained for the Fund. Information relating to potential matches resulting from these comparisons, after review by BNYM for quality assurance purposes ("Comparison Results"), will be made available to the Fund in a timely manner. In addition, a potential match will be analyzed by BNYM in conjunction with other relevant activity contained in records for the particular relevant account, and if, after such analysis, BNYM determines that further investigation is warranted because the activity might constitute "suspicious activity", as that term is used in for purposes of the Bank Secrecy Act and the suspicious activity reporting requirements thereunderUSA PATRIOT Act, then BNYM will deliver a suspicious activity referral to the Fund. BNYM shall have no responsibility for filing reports with FinCEN that may be appropriate based on the Comparison Results or a referral. Such responsibility, as between the Fund in a timely manner, with "timely" for all purposes of Appendix C meaning within a commercially reasonable period following BNYM's detection of the events and circumstances reasonably suspected to be suspicious activity and BNYM's investigation of such events and circumstances, utilizing reasonably designed detection and investigative procedures which may include consultation shall remain with the FundFund exclusively. "314(a) Procedures" means the procedures adopted from time to time by BNYM governing the delivery and processing of Information Requests transmitted by BNYM's ’s clients to BNYM, including without limitation requirements governing the timeliness, content, completeness, format and mode of transmissions to BNYM.

Appears in 2 contracts

Samples: Transfer Agency and Shareholder Services Agreement (PNC Funds), Transfer Agency and Shareholder Services Agreement (Sterling Capital Funds)

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FinCEN Requests Under USA PATRIOT Act Section 314(a). BNYM will provide the services set forth in this Section (43(b)(4) with respect to FinCEN Section 314(a) information requests ("Information Requests") received by the Fund. Upon receipt by BNYM of an Information Request delivered by the Fund in full compliance with all 314(a) Procedures (as defined below), BNYM will compare appropriate information contained in the Information Request against relevant information contained in account records maintained for the Fund. Information relating to potential matches resulting from these comparisons, after review by BNYM for quality assurance purposes ("Comparison Results"), will be made available to the Fund in a timely manner. In addition, a potential match will be analyzed by BNYM in conjunction with other relevant activity contained in records for the particular relevant account, and if, after such analysis, BNYM determines that further investigation is warranted because the activity might constitute "suspicious activity"transaction”, as that term is used in for purposes of the Bank Secrecy Act and the suspicious activity reporting requirements thereunderUSA PATRIOT Act, then BNYM will deliver a suspicious activity transaction referral to the Fund. BNYM shall have no responsibility for filing reports with FinCEN that may be appropriate based on the Comparison Results or a referral. Such responsibility, as between the Fund in a timely manner, with "timely" for all purposes of Appendix C meaning within a commercially reasonable period following BNYM's detection of the events and circumstances reasonably suspected to be suspicious activity and BNYM's investigation of such events and circumstances, utilizing reasonably designed detection and investigative procedures which may include consultation shall remain with the FundFund exclusively. "314(a) Procedures" means the procedures adopted from time to time by BNYM governing the delivery and processing of Information Requests transmitted by BNYM's ’s clients to BNYM, including without limitation requirements governing the timeliness, content, completeness, format and mode of transmissions to BNYM.

Appears in 1 contract

Samples: Shareholder Services Agreement (Pacific Funds Series Trust)

FinCEN Requests Under USA PATRIOT Act Section 314(a). BNYM will provide the services set forth in this Section (43(b)(4) with respect to FinCEN Section 314(a) information requests ("Information Requests") received by the Fund. Upon receipt by BNYM of an Information Request delivered by the Fund in full compliance with all 314(a) Procedures (as defined below), BNYM will compare appropriate information contained in the Information Request against relevant information contained in account records maintained for the Fund. Information relating to potential matches resulting from these comparisons, after review by BNYM for quality assurance purposes ("Comparison Results"), will be made available to the Fund in a timely manner. In addition, a potential match will be analyzed by BNYM in conjunction with other relevant activity contained in records for the particular relevant account, and if, after such analysis, BNYM determines that further investigation is warranted because the activity might constitute "suspicious activity", as that term is used in for purposes of the Bank Secrecy Act and the suspicious activity reporting requirements thereunderUSA PATRIOT Act, then BNYM will deliver a suspicious activity referral to the Fund. BNYM shall have no responsibility for filing reports with FinCEN that may be appropriate based on the Comparison Results or a referral. Such responsibility, as between the Fund in a timely manner, with "timely" for all purposes of Appendix C meaning within a commercially reasonable period following BNYM's detection of the events and circumstances reasonably suspected to be suspicious activity and BNYM's investigation of such events and circumstances, utilizing reasonably designed detection and investigative procedures which may include consultation shall remain with the FundFund exclusively. "314(a) Procedures" means the procedures adopted from time to time by BNYM governing the delivery and processing of Information Requests transmitted by BNYM's ’s clients to BNYM, including without limitation requirements governing the timeliness, content, completeness, format and mode of transmissions to BNYM.. Confidential And Proprietary Execution Version

Appears in 1 contract

Samples: Shareholder Services Agreement (TCW Alternative Funds)

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