Wire Transfer Operating Guidelines Articles 4a of the Uniform Commercial Code. 7.1 The Transfer Agent is authorized to promptly debit the appropriate Portfolio account(s) upon the receipt of a payment order in compliance with the selected security procedure (the "Security Procedure") chosen for funds transfer and in the amount of money that the Transfer Agent has been instructed to transfer. The Transfer Agent shall execute payment orders in compliance with the Security Procedure and with the Fund instructions on the execution date provided that such payment order is received by the close of the funds-transfer business day of the Transfer Agent, unless the payment order specifies a later time. All payment orders and communications received after the customary deadline will be deemed to have been received the next business day. 7.2 The Transfer Agent acknowledges that the Security Procedure it has designated on the Fund Selection Form was selected by the Fund from security procedures offered by the Transfer Agent. The Fund shall restrict access to confidential information relating to the Security Procedure to authorized persons as communicated to the Transfer Agent in writing. Each party must notify the other party immediately if it has reason to believe unauthorized persons may have obtained access to such information or of any change in that party's authorized personnel. The Transfer Agent shall verify the authenticity of all Fund instructions according to the Security Procedure. 7.3 The Transfer Agent shall process all payment orders on the basis of the account number contained in the payment order. In the event of a discrepancy between any name indicated on the payment order and the account number, the account number shall take precedence and govern. 7.4 The Transfer Agent reserves the right to decline to process or delay the processing of a payment order which (a) is in excess of the collected balance in the account to be charged at the time of the Transfer Agent's receipt of such payment order; (b) would cause the Transfer Agent, in the Transfer Agent's reasonable judgement, to exceed any volume, aggregate dollar, network, time, credit or similar limits which are applicable to the Transfer Agent; or (c) the Transfer Agent, upon reasonable belief after verifying the authenticity of the payment order according to the Security Procedures is unable to satisfy itself that the transaction has been properly authorized. 7.5 The Transfer Agent shall use reasonable efforts to act on all authorized requests to cancel or amend payment orders received in compliance with the Security Procedure provided that such requests are received in a timely manner affording the Transfer Agent reasonable opportunity to act. However, the Transfer Agent assumes no liability if after using reasonable efforts the request for amendment or cancellation cannot be satisfied. 7.6 The Transfer Agent shall assume no responsibility for failure to detect any erroneous payment order provided that the Transfer Agent complies with the payment order instructions as received and the Transfer Agent complies with the Security Procedure. The Security Procedure is established for the purpose of authenticating payment orders only and not for the detection of errors in payment orders. 7.7 The Transfer Agent shall assume no responsibility for lost interest with respect to the refundable amount of any unauthorized payment order, unless the Transfer Agent is notified of the unauthorized payment order within thirty (30) days of notification by the Transfer Agent of the acceptance of such payment order. In no event (including failure to execute a payment order) shall the Transfer Agent be liable for special, indirect or consequential damages, even if advised of the possibility of such damages. 7.8 When the Fund initiates or receives Automated Clearing House credit and debit entries pursuant to these guidelines and the rules of the National Automated Clearing House Association and the New England Clearing House Association, the Transfer Agent will act as an Originating Depository Financial Institution and/or receiving depository Financial Institution, as the case may be, with respect to such entries. Credits given by the Transfer Agent with respect to an ACH credit entry are provisional until the Transfer Agent receives final settlement for such entry from the Federal Reserve Bank. If the Transfer Agent does not receive such final settlement, the Fund agrees that the Transfer Agent shall receive a refund of the amount credited to the Fund in connection with such entry, and the party making payment to the Fund via such entry shall not be deemed to have paid the amount of the entry. 7.9 Confirmation of Transfer Agent's execution of payment orders shall ordinarily be provided within twenty-four (24) hours notice of which may be delivered through the Transfer Agent's proprietary information systems, or by facsimile or call-back. The Fund must report any objections to the execution of an order within thirty (30) days.
Appears in 1 contract
Sources: Transfer Agency and Service Agreement (American Beacon Institutional Funds Trust)
Wire Transfer Operating Guidelines Articles 4a of the Uniform Commercial Code. 7.1 5.1 The Transfer Agent Bank is authorized to promptly debit the appropriate Portfolio Fund account(s) upon the receipt of a payment order in compliance with the selected security procedure (the "Security Procedure") chosen for funds transfer and in the amount of money that the Transfer Agent Bank has been instructed to transfer. The Transfer Agent Bank shall execute payment orders in compliance with the Security Procedure and with the Fund instructions on the execution date provided that such payment order is received by the close of the funds-funds- transfer business day of the Transfer AgentBank, unless the payment order specifies a later timetime . All payment orders and communications received after the customary deadline will be deemed to have been received the next business day.
7.2 5.2 The Transfer Agent Fund acknowledges that the Security Procedure it has designated on the Fund Selection Form was selected by the Fund from security procedures offered by the Transfer AgentBank. The Fund shall restrict access to confidential information relating to the Security Procedure to authorized persons as communicated to the Transfer Agent Bank in writing. Each party must notify the other party immediately if it has reason to believe unauthorized persons may have obtained access to such information or of any change in that party's authorized personnel. The Transfer Agent Bank shall verify the authenticity of all Fund instructions according to the Security Procedure.
7.3 5.3 The Transfer Agent Bank shall process all payment orders on the basis of the account number contained in the payment order. In the event of a discrepancy between any name indicated on the payment order and the account number, the account number shall take precedence and govern.
7.4 5.4 The Transfer Agent Bank reserves the right to decline to process or delay the processing of a payment order which (a) is in excess of the collected balance in the account to be charged at the time of the Transfer AgentBank's receipt of such payment order; (b) would cause the Transfer AgentBank, in the Transfer AgentBank's reasonable judgement, to exceed any volume, aggregate dollar, network, time, credit or similar limits which are applicable to the Transfer AgentBank; or (c) the Transfer AgentBank, upon reasonable belief after verifying the authenticity of the payment order according to the Security Procedures is unable to satisfy itself that the transaction has been properly authorized.
7.5 5.5 The Transfer Agent Bank shall use reasonable efforts to act on all authorized requests to cancel or amend payment orders received in compliance with the Security Procedure provided that such requests are received in a timely manner affording the Transfer Agent Bank reasonable opportunity to act. However, the Transfer Agent Bank assumes no liability if after using reasonable efforts the request for amendment or cancellation cannot be satisfied.
7.6 5.6 The Transfer Agent Bank shall assume no responsibility for failure to detect any erroneous payment order provided that the Transfer Agent Bank complies with the payment order instructions as received and the Transfer Agent Bank complies with the Security Procedure. The Security Procedure is established for the purpose of authenticating payment orders only and not for the detection of errors in payment orders.
7.7 5.7 The Transfer Agent Bank shall assume no responsibility for lost interest with respect to the refundable amount of any unauthorized payment order, unless the Transfer Agent Bank is notified of the unauthorized payment order within thirty (30) days of notification by the Transfer Agent Bank of the acceptance of such payment order. In no event (including failure to execute a payment order) shall the Transfer Agent Bank be liable for special, indirect or consequential damages, even if advised of the possibility of such damages.
7.8 5.8 When the Fund initiates or receives Automated Clearing House credit and debit entries pursuant to these guidelines and the rules of the National Automated Clearing House Association and the New England Clearing House Association, the Transfer Agent Bank will act as an Originating Depository Financial Institution and/or receiving depository Financial Institution, as the case may be, with respect to such entries. Credits given by the Transfer Agent Bank with respect to an ACH credit entry are provisional until the Transfer Agent Bank receives final settlement for such entry from the Federal Reserve Bank. If the Transfer Agent Bank does not receive such final settlement, the Fund agrees that the Transfer Agent Bank shall receive a refund of the amount credited to the Fund in connection with such entry, and the party making payment to the Fund via such entry shall not be deemed to have paid the amount of the entry.
7.9 5.9 Confirmation of Transfer AgentBank's execution of payment orders shall ordinarily be provided within twenty-four (24) hours notice of which may be delivered through the Transfer AgentBank's proprietary information systems, or by facsimile or call-back. The Fund must report any objections to the execution of an order within thirty (30) days.
Appears in 1 contract
Sources: Transfer Agency and Service Agreement (American Beacon Select Funds)
Wire Transfer Operating Guidelines Articles 4a of the Uniform Commercial Code. 7.1 The Transfer Agent 6.1 DST AMS is authorized to promptly debit the appropriate Portfolio Fund account(s) upon the receipt of a payment order in compliance with the selected security procedure (the "“Security Procedure"”) chosen for funds transfer and in the amount of money that the Transfer Agent DST AMS has been instructed to transfer. The Transfer Agent DST AMS shall execute payment orders in compliance with the Security Procedure and with the Fund instructions on the execution date provided that such payment order is received by the close of the funds-transfer business day of the Transfer Agentcustomary deadline for processing such a request, unless the payment order specifies a later time. All payment orders and communications received after this the customary deadline will be deemed to have been received the next business day.
7.2 6.2 The Transfer Agent acknowledges Funds acknowledge that the Security Procedure it has designated on the Fund Selection Form was selected by the Fund Funds from security procedures offered by the Transfer AgentDST AMS. The Fund Funds shall restrict access to confidential information Confidential Information (as defined in Section 15)) relating to the Security Procedure to authorized persons as communicated to the Transfer Agent DST AMS in writing. Each party The Fund must notify the other party DST AMS immediately if it has reason to believe unauthorized persons may have obtained access to such information or of any change in that party's the Funds’ authorized personnel. The Transfer Agent DST AMS shall verify the authenticity of all Fund instructions according to the Security Procedure.
7.3 The Transfer Agent 6.3 DST AMS shall process all payment orders on the basis of the account number contained in the payment order. In the event of a discrepancy between any name indicated on the payment order and the account number, the account number shall take precedence and govern.
7.4 The Transfer Agent 6.4 DST AMS reserves the right to decline to process or delay the processing of a payment order which (a) is in excess of the collected balance in the account to be charged at the time of the Transfer Agent's DST AMS’ receipt of such payment order; (b) if initiating such payment order would cause the Transfer AgentDST AMS, in the Transfer Agent's reasonable DST AMS’ sole judgement, to exceed any volume, aggregate dollar, network, time, credit or similar limits which are applicable to the Transfer AgentDST AMS; or (c) the Transfer Agentif DST AMS, upon reasonable belief after verifying the authenticity of the payment order according to the Security Procedures in good faith, is unable to satisfy itself that the transaction has been properly authorized.
7.5 The Transfer Agent 6.5 DST AMS shall use reasonable efforts to act on all authorized requests to cancel or amend payment orders received in compliance with the Security Procedure provided that such requests are received in a timely manner affording the Transfer Agent DST AMS reasonable opportunity to act. However, the Transfer Agent DST AMS assumes no liability if after using reasonable efforts the request for amendment or cancellation cannot be satisfied.
7.6 The Transfer Agent 6.6 DST AMS shall assume no responsibility for failure to detect any erroneous payment order provided that the Transfer Agent DST AMS complies with the payment order instructions as received and the Transfer Agent DST AMS complies with the Security Procedure. The Security Procedure is established for the purpose of authenticating payment orders only and not for the detection of errors in payment orders.
7.7 The Transfer Agent 6.7 DST AMS shall assume no responsibility for lost interest with respect to the refundable amount of any unauthorized payment order, unless the Transfer Agent DST AMS is notified of the unauthorized payment order within thirty sixty (3060) days of notification by the Transfer Agent DST AMS of the acceptance of such payment order. In no event (including failure to execute a payment order) shall the Transfer Agent DST AMS be liable for special, indirect or consequential damages, even if advised of the possibility of such damages.
7.8 6.8 When the a Fund initiates or receives Automated Clearing House credit and debit entries pursuant to these guidelines and the rules of the National Automated Clearing House Association and the New England Clearing House Association, the Transfer Agent State Street will act as an Originating Depository Financial Institution and/or receiving depository Receiving Depository Financial Institution, as the case may be, with respect to such entries. Credits given by the Transfer Agent State Street with respect to an ACH credit entry are provisional until the Transfer Agent State Street receives final settlement for such entry from the Federal Reserve Bank. If the Transfer Agent State Street does not receive such final settlement, the Fund agrees that the Transfer Agent State Street shall receive a refund of the amount credited to the Fund in connection with such entry, and the party making payment to the Fund via such entry shall not be deemed to have paid the amount of the entry.
7.9 6.9 Confirmation of Transfer Agent's DST AMS’ execution of payment orders shall ordinarily be provided within twenty-twenty four (24) hours hours’ notice of which may be delivered through the Transfer Agent's DST AMS’ proprietary information systems, or by facsimile or call-back. The A Fund must report any objections to the execution of an order within thirty (30) days.
Appears in 1 contract
Sources: Transfer Agency and Service Agreement (Dodge & Cox Funds)