Marketocracy Funds Sample Contracts

EXHIBIT A(ii) AGREEMENT AND DECLARATION OF TRUST ----------------------------------
Agreement and Declaration • July 14th, 1999 • Ingenuity Capital Trust • Delaware
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FUND ACCOUNTING SERVICING AGREEMENT
Fund Accounting Servicing Agreement • October 21st, 2009 • Marketocracy Funds • Wisconsin

THIS AGREEMENT is made and entered into this 6th day of September, 2006, by and between MARKETOCRACY CAPITAL MANAGEMENT LLC, a Delaware limited liability company (“MCM”), an investment advisor for MARKETOCRACY FUNDS, a Delaware statutory trust (the “Trust”) and U.S. BANCORP FUND SERVICES, LLC, a Wisconsin limited liability company (“USBFS”).

SUBSCRIPTION AGREEMENT
Subscription Agreement • October 14th, 1999 • Ingenuity Capital Trust
Amendment to Transfer Agent Servicing Agreement
Transfer Agent Servicing Agreement • August 26th, 2010 • Marketocracy Funds

WHEREAS, Marketocracy Capital Management, LLC (“MCM”), a Delaware limited liability company and an investment advisor for Marketocracy Funds (the “Trust”), and U.S. Bancorp Fund Services, LLC (“USBFS”), entered into a Transfer Agent Servicing Agreement (the “Agreement”) dated December 13, 2000, and

AMENDMENT NO. 1 TO MUTUAL FUND CUSTODY AGREEMENT
Mutual Fund Custody Agreement • March 28th, 2006 • Marketocracy Funds

THIS AMENDMENT NO. 1 TO MUTUAL FUND CUSTODY AGREEMENT (this "Amendment") is entered into as of _________, 2006, between Marketocracy Capital Management LLC (“MCM”), Union Bank of California, N.A. (the "Bank") and Alesco Global Advisors LLC (“AGA”), a limited liability company organized under the laws of the State of California with its principal office and place of business at 400 South El Camino Real, Suite 350, San Mateo, California 94402.

DISTRIBUTION AGREEMENT
Distribution Agreement • March 28th, 2006 • Marketocracy Funds • New York

THIS DISTRIBUTION AGREEMENT (this “Agreement”) is made as of February 17, 2005, between Alesco Global Advisors LLC, a California limited liability company (“AGA”), as administrator of each series of Marketocracy Funds, a Delaware statutory trust (the “Trust”), listed on Schedule A hereto (as amended from time to time) to this Agreement (each the “Fund”), and Rafferty Capital Markets, LLC, (“RCM”), a limited liability company organized and existing under the laws of the State of New York.

INVESTMENT ADVISORY AND MANAGEMENT AGREEMENT
Investment Advisory and Management Agreement • March 28th, 2006 • Marketocracy Funds • California

This Investment Advisory and Management Agreement (this “Agreement”), is made and entered into as of this 9th day of November, 2005, by and between MARKETOCRACY FUNDS, a Delaware statutory trust (the “Trust”), and ALESCO GLOBAL ADVISORS LLC, a California limited liability company (the “Adviser”).

MARKETOCRACY ADDENDUM TO THE FUND ADMINISTRATION SERVICING AGREEMENT
Fund Administration Servicing Agreement • August 26th, 2010 • Marketocracy Funds

THIS ADDENDUM dated as of this 6th day of October, 2006, to the Fund Administration Servicing Agreement dated as of December 13, 2000, as amended, (the "Agreement"), is entered by and between MARKETOCRACY CAPITAL MANAGEMENT, LLC, a Delaware limited liability company (“MCM”), an investment advisor for MARKETOCRACY FUNDS, a Delaware statutory trust (the “Trust”) and U.S. BANCORP FUND SERVICES, LLC, a Wisconsin limited liability company (“USBFS”).

MUTUAL FUND CUSTODY AGREEMENT
Mutual Fund Custody Agreement • October 18th, 2004 • Marketocracy Funds • California

THIS MUTUAL FUND CUSTODY AGREEMENT (this “Agreement”) is entered into as of December 17, 2004, between Marketocracy Capital Management LLC (“MCM), a limited liability company organized under the laws of the State of Delaware with its principal office and place of business at 26888 Almaden Court, Los Altos, California 94022, in its capacities as administrator and investment adviser for Marketocracy Funds (the “Trust”), a statutory trust organized under the laws of the State of Delaware, and each of its outstanding Series (each a “Fund”), and Union Bank of California. N.A. (the Bank), a National Banking Association organized under the laws of the United States of America with its principal place of business at 400 California Street, San Francisco, California 94104.

FUND ADMINISTRATION SERVICING AGREEMENT
Fund Administration Servicing Agreement • August 26th, 2010 • Marketocracy Funds • Wisconsin

THIS AGREEMENT is made and entered into as of this 13th day of December, 2000, by and between Marketocracy Capital Management LLC, a Delaware limited liability company (hereinafter referred to as "MCM"), an investment advisor for Marketocracy Funds (hereinafter referred to as the “Trust”), and Firstar Mutual Fund Services, LLC, a Wisconsin limited liability company (hereinafter referred to as "FMFS”).

WITNESSETH:
Administration Agreement • October 14th, 1999 • Ingenuity Capital Trust
MARKETOCRACY FUNDS AMENDMENT TO THE TRANSFER AGENT SERVICING AGREEMENT
Transfer Agent Servicing Agreement • August 26th, 2010 • Marketocracy Funds

THIS AMENDMENT dated as of January 1, 2002 to the Transfer Agent Servicing Agreement dated as of December 13, 2000, by and between Marketocracy Capital Management, LLC, a Delaware limited liability company and an investment advisor for Marketocracy Funds, and Firstar Mutual Fund Services, LLC, a Wisconsin limited liability company, shall be as follows:

ADMINISTRATION AGREEMENT
Administration Agreement • March 28th, 2006 • Marketocracy Funds • California

This Administration Agreement (this “Agreement”) is made and entered into as of this 9th day of November, 2005, by and between MARKETOCRACY FUNDS, a Delaware statutory trust (the “Trust”), and ALESCO GLOBAL ADVISORS LLC, a California limited liability company (the “Administrator”).

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MARKETOCRACY AMENDMENT TO THE FUND ADMINISTRATION AND TRANSFER AGENT SERVICING AGREEMENTS
Marketocracy Funds • October 21st, 2009

THIS AMENDMENT dated as of this 6th day of September, 2006, to the Fund Administration Servicing Agreement and the Transfer Agent Servicing Agreement dated as of December 13, 2000, respectively, (the "Agreements"), is entered by and between MARKETOCRACY CAPITAL MANAGEMENT, LLC, a Delaware limited liability company (“MCM”), an investment advisor for MARKETOCRACY FUNDS, a Delaware statutory trust (the “Trust”) and U.S. BANCORP FUND SERVICES, LLC, a Wisconsin limited liability company (“USBFS”).

TRANSFER AGENT SERVICING AGREEMENT
Transfer Agent Servicing Agreement • August 26th, 2010 • Marketocracy Funds • Wisconsin

THIS AGREEMENT is made and entered into as of this 13th day of December, 2000, by and between Marketocracy Capital Management LLC, a Delaware limited liability company (hereinafter referred to as “MCM”), an investment advisor for Marketocracy Funds, (hereinafter referred to as the “Trust”), and Firstar Mutual Fund Services, LLC, a Wisconsin limited liability company (hereinafter referred to as “FMFS”).

WITNESSETH:
Administration Agreement • December 21st, 2000 • Marketocracy Funds
TRANSFER AGENT SERVICING AGREEMENT
Transfer Agent Servicing Agreement • March 28th, 2006 • Marketocracy Funds • Wisconsin

THIS TRANSFER AGENT SERVICING AGREEMENT is made and entered into this ___ day of _______________, 2006, by and between ALESCO GLOBAL ADVISERS LLC, a California limited liability company (“AGA”) and U.S. BANCORP FUND SERVICES, LLC, a Wisconsin limited liability company (“USBFS”).

ADMINISTRATION AGREEMENT
Administration Agreement • August 23rd, 2005 • Marketocracy Funds

This Administration Agreement is made this 10th day of November, 2000, and as amended as of December 13, 2000, November 9, 2001 and August 22, 2003, by and between MARKETOCRACY FUNDS, a Delaware business trust (the “Trust”), and MARKETOCRACY CAPITAL MANAGEMENT LLC, a Delaware limited liability company (the “Administrator”).

FUND ACCOUNTING SERVICING AGREEMENT
Fund Accounting Servicing Agreement • March 28th, 2006 • Marketocracy Funds • Wisconsin

THIS FUND ACCOUNTING SERVICING AGREEMENT (this “Agreement”) is made and entered into this ___ day of _______________, 2006, by and between ALESCO GLOBAL ADVISORS LLC, a California limited liability company (“AGA”), and U.S. BANCORP FUND SERVICES, LLC, a Wisconsin limited liability company (“USBFS”).

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