DUTIES OF MSS Sample Clauses

The 'Duties of MSS' clause defines the specific responsibilities and obligations that the Managed Service Supplier (MSS) must fulfill under the agreement. Typically, this includes providing agreed-upon services, maintaining certain performance standards, and ensuring compliance with relevant laws and regulations. For example, the MSS may be required to deliver IT support, monitor systems, or report incidents within specified timeframes. This clause ensures both parties have a clear understanding of the MSS's role, helping to prevent misunderstandings and establish accountability for service delivery.
DUTIES OF MSS. 1.01 Subject to the terms and conditions set forth in this Agreement, the Trust hereby employs and appoints MSS to act, and MSS agrees to act, as transfer agent for the Trust’s authorized and issued shares of beneficial interest of each class of each portfolio of the Trust (the “Shares”), and as dividend disbursing and redemption agent for the Trust. 1.02 MSS agrees that it will perform the following services: (a) In accordance with procedures established from time to time by agreement between the Trust and MSS, MSS shall: (i) Receive for acceptance, orders for the purchase of Shares, and promptly deliver payment and appropriate documentation therefore to the Custodian of the Trust authorized by the Board of Trustees of the Trust (the “Custodian”); (ii) Pursuant to purchase orders, issue the appropriate number of Shares and hold such Shares in the appropriate Shareholder account; (iii) Receive for acceptance redemption requests and redemption directions and deliver the appropriate documentation therefore to the Custodian; (iv) At the appropriate time as and when it receives monies paid to it by the Custodian with respect to any redemption, pay over or cause to be paid over in the appropriate manner such monies as instructed by the redeeming Shareholders; (v) Effect transfers of Shares by the registered owners thereof upon receipt of appropriate instructions; (vi) Prepare and transmit payments for dividends and distributions declared by the Trust; (vii) Maintain records of account for and advise the Trust and its Shareholders as to the foregoing; (viii) Maintain an Anti-Money Laundering Program in compliance with the USA Patriot Act of 2001 and regulation thereunder, and provide to the Trust a copy of MSS’s Anti-Money Laundering Program; (ix) Perform such services as are necessary to implement and enforce the Trust’s Anti-Money Laundering Program; (x) Provide necessary and reasonable access to properly authorized federal examiners so that they can obtain all necessary information and records relating to the AML Program and to inspect MSS’s implementation and operation of the AML Program; and (xi) Record the issuance of shares of the Trust and maintain pursuant to SEC Rule 17Ad-10(e) a record of the total number of shares of the Trust which are authorized, based upon data provided to it by the Trust, and issued and outstanding. MSS shall also provide the Trust on a regular basis with the total number of shares which are authorized, issued and outstanding and...
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DUTIES OF MSS. MSS will provide the Trust with the necessary office space, communication facilities and personnel to perform the following services for the Trust: (a) Timely calculate and transmit to NASDAQ the daily net asset value of each class of shares of each portfolio of the Trust, and communicate such value to the Trust and its transfer agent; (b) Maintain and keep current all books and records of the Trust as required by Rule 31a-1 under the 1940 Act, as such rule or any successor rule may be amended from time to time ("Rule 31a-1"), that are applicable to the fulfillment of MSS's duties hereunder, as well as any other documents necessary or advisable for compliance with applicable regulations as may be mutually agreed to between the Trust and MSS. Without limiting the generality of the foregoing, MSS will prepare and maintain the following records upon receipt of information in proper form from the Trust or its authorized agents: · Cash receipts journal · Cash disbursements journal · Dividend record · Purchase and sales - portfolio securities journals · Subscription and redemption journals · Security ledgers · Broker ledger · General ledger · Daily expense accruals · Daily income accruals · Securities and monies borrowed or loaned and collateral therefore · Foreign currency journals · Trial balances (c) Provide the Trust and its investment adviser with daily portfolio valuation, net asset value calculation and other standard operational reports as requested from time to time. (d) Provide all raw data available from its fund accounting system for the preparation by the Trust or its investment advisor of the following 1. Semi-annual and annual financial statements; 2. Semi-annual forms N-SAR; 3. Annual tax returns; 4. Financial data necessary to update form N-1A; 5. Annual proxy statement. (e) Notwithstanding paragragh 1 (d), prepare the following: 1. Semi-annual and annual financial statements; 2. Semi-annual forms N-SAR; (f) Edgarize and file with the SEC the following: 1. Semi-annual and annual financial statements; 2. Semi-annual forms N-SAR; 3. N-1A and other necessary filings. (g) Provide facilities to accommodate annual audit and any audits or examinations conducted by the Securities and Exchange Commission or any other governmental or quasi-governmental entities with jurisdiction. MSS shall for all purposes herein be deemed to be an independent contractor and shall, unless otherwise expressly provided or authorized, have no authority to act for or represen...
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DUTIES OF MSS. MSS will provide the Trust with the necessary office space, communication facilities and personnel to perform the following services for the Trust: (a) Timely calculate the net asset value per share with the frequency prescribed in each Fund's then-current Prospectus, transmit the Fund's net asset value to the Fund’s listing exchange, and communicate such net asset value to the Trust and its transfer agent; (b) Calculate each item of income, expense, deduction, credit, gain and loss, if any, as required by the Trust and in conformance with generally accepted accounting principles ("GAAP"), SEC Regulation S-X (or any successor regulation) and the Internal Revenue Code of 1986, as amended (or any successor laws)(the "Code");
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DUTIES OF MSS. MSS will provide the Trust with the necessary office space, communication facilities and personnel to perform the following services for the Trust: (a) Timely calculate and transmit to NASDAQ the daily net asset value of ······ ···· ·· ····· Tearcuhst calnadssitosftrsahnasrfeesr aogfeenatc;h ·p····o··r· t·f···o·· ·l··i·o······o· ·f the ·T···r··u· s····t··,··a··n·····d··· ···c····o····m··· ·m·······u· ·n····i···c···a··t···e······s·u···c··h····· ·v···a··lu·· e······t···o····· t·h· e (b) Maintain and keep current all books and records of the Trust as required by Rule 31a-1 under the 1940 Act, as such rule or any successor rule may be amended from time to time ("Rule 31a-1"), that are applicable to the fulfillment of MSS's duties hereunder, as well as any other documents necessary or advisable for compliance with applicable regulations as may be mutually agreed to between the Trust and MSS. Without limiting the generality of the foregoing, MSS will prepare and maintain the following records upon receipt of information in proper form from the Trust or its authorized agents: • Cash receipts journal • Cash disbursements journal • Dividend record • Purchase and sales - portfolio securities journals • Subscription and redemption journals • Security ledgers • Broker ledger • General ledger • Daily expense accruals • Daily income accruals • Securities and monies borrowed or loaned and collateral therefore • Foreign currency journals • Trial balances (c) Provide the Trust and its investment adviser with daily portfolio valuation, net asset value calculation and other standard operational reports as requested from time to time. (d) Provide all raw data available from its fund accounting system for the preparation by the Trust or its investment advisor of the following 1. Semi-annual and annual financial statements; 2. Annual tax returns; 3. Financial data necessary to update form N-lA; 4. Annual proxy statement; 5. Quarterly Form N-PORT (e) Notwithstanding paragragh 1 (d), prepare the following: 1. Semi-annual and annual financial statements;
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Related to DUTIES OF MSS

  • Duties of Manager The Manager, at its own expense, shall furnish the following services and facilities to the Trust:

  • DUTIES OF GFS GFS’s duties with respect to Fund Accounting, Fund Administration and Transfer Agency services are detailed in Appendices I, II and III to this Agreement. (a) In order for GFS to perform the Services, the Trust (i) shall cause all service providers to the Funds of the Trust to furnish any and all information to GFS, and assist GFS as may be required and (ii) shall ensure that GFS has access to all records and documents maintained by the Trust or any service provider to the Trust or a Fund of the Trust. (b) GFS shall, for all purposes herein, be deemed to be an independent contractor and shall, unless otherwise expressly provided or authorized, have no authority to act for or represent the Trust in any way or otherwise be deemed an agent of the Trust. (c) Whenever, in the course of performing its duties under this Agreement, GFS determines, on the basis of information supplied to GFS by the Trust, that a violation of applicable law has occurred, or that, to its knowledge, a possible violation of applicable law may have occurred, or with the passage of time could occur, GFS shall promptly notify the Trust and its legal counsel of such violation.

  • Duties of Members Each Member must have a duty as set forth in Exhibit 1 to this agreement. The Members agree that the failure to satisfy a Member’s duties may result in the expulsion or removal of that Member. (a) If a Member fails at their duties for a period of one hundred twenty (120) consecutive days, the Member will lose their membership interest. The start date of the failure must be documented. (b) If a Member fails to do their duties for one hundred twenty (120) days out of any two hundred thirty nine (239) day period, the Company will consider such a failure and whether the Member will be expelled and lose their membership interest in accordance with this Article and Section ▇▇-▇▇-▇▇▇ of the Act. The dates of failure in question must be documented. (c) If a Member disputes the completion of another Member’s duties and attempts to take over that Member’s interest, they must do so in writing by certified delivery to the Member’s residential address as listed in Exhibit 1. If certified delivery is not available, hand delivery by a third party is acceptable. (d) If a Member receives a complaint as described above, the Member must fulfill their established duties within fourteen (14) days. (e) If there is a dispute as to what any Member’s duties are or if those duties are being fulfilled, and the Members have gone through the dispute process outlined in the above subsections (a) through (d) of this Section 4.06, the Members agree to enter into binding mediation or arbitration to decide if the Member’s duties are being performed in compliance with the agreed duties as outlined in Exhibit 1 of this Agreement. If the Members fail to reach an agreement through arbitration or mediation, the Members in dispute agree to file a complaint in the appropriate Court to procure a decision as to the fulfillment of Members’ duties. Upon a decision by the Court that a Member has failed to meet its duties, the Member will assign and forfeit their membership interest to the other remaining Member(s). The assignment of the non-compliant Member’s membership interest will result in a debt owed to the non-compliant Member by the Company. The debt owed to the expelled Member shall be the aggregate sum of any capital contributions submitted to the Company by the expelled Member. (f) The value of the non-compliant Member’s interest being transferred to the remaining Member(s) must be determined before the transfer can be completed. During the course of the transfer, the non-compliant Member will maintain complete powers of membership in the Company. (g) In the event of a dispute of Member’s duties, Members may negotiate an exchange of membership interests for a lesser amount of Member duties, provided that modification is memorialized and attached to Exhibit 1.

  • Duties of the Custodian with Respect to Property of the Fund Held By the Custodian in the United States

  • Duties of Company The Company shall at all times during the term of Options: (a) Reserve and keep available for issue such number of shares of its authorized and unissued common stock as will be sufficient to satisfy the requirements of this Agreement; (b) Pay all original issue taxes with respect to the issue of shares pursuant hereto and all other fees and expenses necessarily incurred by the Company in connection therewith; (c) Use its best efforts to comply with all laws and regulations which, in the opinion of counsel for the Company, shall be applicable thereto.