Exhibit (g)(ii) under N-1A
Exhibit 10 under 601/Reg SK
Amendment to
Custodian Contract
between
Wachovia Variable Insurance Funds
and
Wachovia Bank, N.A.
This Amendment to the Custodian Contract ("Agreement") dated March 3, 2000,
between Wachovia Variable Insurance Funds ("Fund") and Wachovia Bank, N.A.
("Service Provider") is made and entered into as of the 7th day of June, 2001.
WHEREAS, the Fund has entered into the Agreement with the Service Provider;
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 Fund,
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 Fund, 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:
The Fund and the Service Provider hereby acknowledge that the Fund may
disclose shareholder NPI to the Service Provider as agent of the Fund and solely
in furtherance of fulfilling the Service Provider's contractual obligations
under the Agreement in the ordinary course of business to support the Fund and
its shareholders.
The Service Provider 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
CFR xx.xx. 248.15, or in connection with joint marketing arrangements that the
Funds may establish with the Service Provider in accordance with the limited
exception set forth in 17 CFR ss. 248.13.
The Service Provider 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 Provider 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 Provider ("Service Provider 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 Provider 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 Provider received the information in the first instance; and
(d) a Nonaffiliated Third Party under the service provider and joint marketing
exception (ss.248.13), provided the Service Provider 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 Provider may redisclose Section 248.14 NPI and Section
248.15 NPI to: (a) the Funds and Fund Affiliates; (b) Service Provider
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 Provider 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 7th day of June, 2001.
Wachovia Variable Insurance Funds
By:/s/ Xxxxx X. Xxxxxxxxx
-------------------------------------
Name: Xxxxx X. Xxxxxxxxx
Title: Vice President
Wachovia Bank, N.A.
By:/s/ Xxxxx Xxxxxxxx
-------------------------------------
Name: Xxxxx Xxxxxxxx
Title: Chief Investment Officer
