24(C)(8)(11)
AMERICAN FUNDS RULE 22C-2 AGREEMENT
WHEREAS, American Funds Service Company ("AFS") serves as transfer agent for
the American Funds group of mutual funds (the "Funds");
WHEREAS, the financial intermediary that has executed this American Funds
Rule 22c-2 Agreement ("Intermediary") submits trades on behalf of indirect
intermediaries that maintain on the books of AFS one or more omnibus accounts
that hold shares of the Funds on behalf of its customers that are invested in
the Funds and for which the indirect intermediary maintains individual accounts;
WHEREAS, pursuant to Rule 22c-2 under the Investment Company Act of 1940,
the Funds are required to enter into an agreement with Intermediary under which
Intermediary is required to provide the Funds, upon request, with certain
shareholder and account information and to prohibit transactions that violate
each Fund's prospectus;
NOW, THEREFORE, in consideration of the premises and mutual covenants
hereinafter contained, the parties hereby agree as follows:
(1)SHAREHOLDER INFORMATION
(a)AGREEMENT TO PROVIDE INFORMATION. Intermediary agrees to provide AFS,
upon written request, (1) the taxpayer identification number ("TIN"), if
known. of any or all Shareholder(s) of the account, (2) the amount and
date of any transaction in the account, (3) the name or other identifier
of any investment professional(s) associated with the Shareholder(s) or
account (if known), and (4) the transaction type (purchase, redemption.
transfer, or exchange) of every purchase, redemption, transfer, or
exchange of Fund Shares held through an account maintained by the
Intermediary during the period covered by the request.
(I)PERIOD COVERED BY REQUEST. Requests must set forth a specific period,
not to exceed 90 days from the date of the request, for which
transaction information is sought. AFS may request transaction
information older than 90 days from the date of the request as it
deems necessary to investigate compliance with policies established
by the Funds for the purpose of eliminating or reducing any dilution
of the value of the outstanding Shares issued by the Funds.
(II)FORM AND TIMING OF RESPONSE. Intermediary agrees to transmit the
requested information that is on its books and records to AFS or its
designee promptly, but in any event not later than 10 business days
after receipt of a request. If the requested information is not on
the Intermediary's books and records, Intermediary agrees to:
(A) provide or arrange to provide to AFS the requested information
from shareholders who hold an account with an indirect intermediary;
and (B) if directed by AFS, block further purchases of Fund Shares
from such indirect intermediary. Responses required by this paragraph
must be communicated in writing and in a format mutually agreed upon
by the parties. To the extent practicable, the format for any
transaction information provided to AFS should be consistent with the
NSCC Standardized Data Reporting Format.
(iii)LIMITATIONS ON USE OF INFORMATION. AFS agrees not to use the
information received for marketing or any other similar purpose
without the prior written consent of the Intermediary.
(b)AGREEMENT TO RESTRICT TRADING. Intermediary agrees to execute written
instructions from AFS to restrict or prohibit further purchases or
exchanges of Shares by a Shareholder that has been identified by AFS as
having engaged in transactions of the Funds' Shares (directly or
indirectly through the Intermediary's account) that violate policies
established by the Funds for the purpose of eliminating or reducing any
dilution of the value of the outstanding Shares issued by the Funds.
(I)FORM OF INSTRUCTIONS. Instructions must include TIN, if known, and
the specific restriction(s) to be executed. If the TIN is not known,
the instructions must include an equivalent identifying number of the
Shareholder(s) or account(s) or other agreed upon information to
which the instruction relates.
(II)TIMING OF RESPONSE. Intermediary agrees to execute instructions as
soon as reasonably practicable, but not later than five business days
after receipt of the instructions by the Intermediary.
(iii)CONFIRMATION BY INTERMEDIARY. Intermediary must provide written
confirmation to AFS that instructions have been executed.
Intermediary agrees to provide confirmation as soon as reasonably
practicable, but not later than 10 business days after the
instructions have been executed.
(c)DEFINITIONS. For purposes of this paragraph:
(i)The term "provide or arrange to provide" means if the record keeping
is not done on the books of Intermediary, you will provide AFS with
the name of the individual or entity performing the record keeping or
assist AFS in working with the client to obtain the information
through another means.
(ii)The term "Fund" includes the fund's principal underwriter and
transfer agent. The term does not include any "excepted funds" as
defined in SEC Rule 22c-2(b) under the Investment Company Act of
1940./1/
(iii)The term "Shares" means the interests of Shareholders corresponding
to the redeemable securities of record issued by the Funds under the
Investment Company Act of 1940 that are held by the Intermediary.
"Shares" also refers to unit ownership within a variable annuity or
variable life insurance contract issued by a financial intermediary
and for which one or more of the Funds serve as underlying
investments.
(iv)The term "Shareholder" means (A) the Plan participant notwithstanding
that the Plan may be deemed to be the beneficial owner of Shares, or
(B) the beneficial owner of Shares, whether the Shares are held
directly or by the Intermediary in nominee name, or (C) the owner of
a variable annuity or variable life insurance contract issued by a
financial intermediary and for which one or more of the Funds serve
as underlying investments.
(v)The term "written" includes electronic writings and facsimile
transmissions.
(vi)The term "indirect intermediary" has the same meaning as in SEC Rule
22c-2 under the Investment Company Act.
IN WITNESS WHEREOF, the parties hereto have executed and delivered this
Agreement as of the date below.
AMERICAN FUNDS SERVICE MINNESOTA LIFE INSU NCE COMPANY
COMPANY INTERMEDIARY FIRM NAME
By: /s/ Xxxx Xxx /s/ Xxxxx Xxxx
---------------------- By: --------------------------------
Name: Xxxx Xxx Print Name: Xxxxx Xxxx
Title: Asst. Vice President
Date Title: Executive Vice President
Date: 1-4-11 Date: 1/5/2011
Reviewed [GRAPHICS]
for
signature
by AFS
Contract
Admin.
--------
/1/ As defined in SEC Rule 22c-2(b), the term "excepted fund"; means any:
(1) money market fund; (2) fund that issues securities that are listed on a
national exchange; and (3) fund that affirmatively permits short-term trading
of its securities, if its prospectus clearly and prominently discloses that the
fund permits short-term trading of its securities and that such trading may
result in additional costs for the fund.
Rev. 03-24-2009
1004857
