Exhibit (G) under form N-1A
Exhibit (10) under Item 601/Reg S-K
Amendment to
Sub-Transfer Agency Agreement
between
Hibernia Funds
and
Federated Services Company
and
Retirement Plan Service Company of America
This Amendment to the Sub-Transfer Agency Agreement ("Agreement")
dated August 22, 1997 between Hibernia Funds ("Funds") and Federated
Services Company and Retirement Plan Service Company of America ("Service
Providers") is made and entered into as of the 13th day of March, 2001.
WHEREAS, the Funds have entered into the Agreement with the Service
Providers;
WHEREAS, the Securities and Exchange Commission has adopted Regulation
S-P at 17 CFR Part 248 to protect the privacy of individuals who obtain a
financial product or service for personal, family or household use;
WHEREAS, Regulation S-P permits financial institutions, such as the
Funds, to disclose "nonpublic personal information" ("NPI") of its
"customers" and "consumers" (as those terms are therein defined in
Regulation S-P) to affiliated and nonaffiliated third parties of the Funds,
without giving such customers and consumers the ability to opt out of such
disclosure, for the limited purposes of processing and servicing
transactions (17 CFR ss. 248.14) ("Section 248.14 NPI"); for specified law
enforcement and miscellaneous purposes (17 CFR ss. 248.15) ("Section 248.15
NPI") ; and to Service Providers or in connection with joint marketing
arrangements (17 CFR ss. 248.13) ("Section 248.13 NPI");
WHEREAS, Regulation S-P provides that the right of a customer and
consumer to opt out of having his or her NPI disclosed pursuant to 17 CFR ss.
248.7 and 17 CFR ss. 248.10 does not apply when the NPI is disclosed to
Service Providers or in connection with joint marketing arrangements,
provided the Fund and third party enter into a contractual agreement that
prohibits the third party from disclosing or using the information other
than to carry out the purposes for which the Fund disclosed the information
(17 CFR ss. 248.13);
NOW, THEREFORE, the parties intending to be legally bound agree as
follows:
0 The Fund and the Service Providers hereby acknowledge that the Fund
may disclose shareholder NPI to the Service Providers as agent of the
Fund and solely in furtherance of fulfilling the Service Providers'
contractual obligations under the Agreement in the ordinary course of
business to support the Fund and its shareholders.
1 The Service Providers hereby agrees to be bound to use and redisclose
such NPI only for the limited purpose of fulfilling its duties and
obligations under the Agreement, for law enforcement and miscellaneous
purposes as permitted in 17 CFRss.ss.248.15, or in connection with joint
marketing arrangements that the Funds may establish with the Service
Providers in accordance with the limited exception set forth in 17 CFR
ss. 248.13.
2 The Service Providers further represents and warrants that, in
accordance with 17 CFR ss. 248.30, it has implemented, and will continue
to carry out for the term of the Agreement, policies and procedures
reasonably designed to:
o insure the security and confidentiality of records and NPI of Fund
customers,
o protect against any anticipated threats or hazards to the security or
integrity of Fund customer records and NPI, and
o protect against unauthorized access to or use of such Fund customer
records or NPI that could result in substantial harm or
inconvenience to any Fund customer.
4. The Service Providers may redisclose Section 248.13 NPI only to: (a)
the Funds and affiliated persons of the Funds ("Fund Affiliates"); (b)
affiliated persons of the Service Providers ("Service Providers
Affiliates") (which in turn may disclose or use the information only
to the extent permitted under the original receipt); (c) a third party
not affiliated with the Service Providers of the Funds ("Nonaffiliated
Third Party") under the service and processing (ss.248.14) or
miscellaneous (ss.248.15) exceptions, but only in the ordinary course of
business to carry out the activity covered by the exception under
which the Service Providers received the information in the first
instance; and (d) a Nonaffiliated Third Party under the Service
Providers and joint marketing exception (ss.248.13), provided the
Service Providers enters into a written contract with the
Nonaffiliated Third Party that prohibits the Nonaffiliated Third Party
from disclosing or using the information other than to carry out the
purposes for which the Funds disclosed the information in the first
instance.
5. The Service Providers may redisclose Section 248.14 NPI and Section
248.15 NPI to: (a) the Funds and Fund Affiliates; (b) Service
Providers Affiliates (which in turn may disclose the information to
the same extent permitted under the original receipt); and (c) a
Nonaffiliated Third Party to whom the Funds might lawfully have
disclosed NPI directly.
6. The Service Providers is obligated to maintain beyond the termination
date of the Agreement the confidentiality of any NPI it receives from
the Fund in connection with the Agreement or any joint marketing
arrangement, and hereby agrees that this Amendment shall survive such
termination.
WITNESS the due execution hereof this 13th day of March, 2001.
Hibernia funds
By:/s/ Xxxxxxx X. Xxxxxxxx
-------------------------------------
Name: Xxxxxxx X. Xxxxxxxx
Title: Vice President
------------------
federated services company
By:/s/ Xxxxx X. Xxxxxxx
-------------------------------------
Name: Xxxxx X. Xxxxxxx
Title: Senior Vice President
RETIREMENT PLAN SERVICE COMPANY OF AMERICA
By:/s/ Xxxxx X. Xxxxxx
-------------------------------------
Name: Xxxxx X. Xxxxxx
Title: Senior Vice President
