ANTI-MONEY LAUNDERING AMENDMENT
This ANTI-MONEY LAUNDERING AMENDMENT (this "Amendment") amends as of the
23rd day of October 2002 (the "Effective Date"), the Transfer Agency Service
Agreement, dated as of November 7, 1997, between Capital Cash Management Trust
(the "Fund") and PFPC Inc. ("PFPC") (the "Agreement").
For valuable consideration the receipt and sufficiency of which the parties
hereto hereby acknowledge, the Fund and PFPC hereby agree that, as of the
Effective Date, the Agreement shall (without any further action by either of the
parties hereto) be amended as follows:
1. Anti-Money Laundering. As of the Effective Date, the Agreement is
amended by adding the following new provision:
"Anti-Money Laundering. PFPC has implemented various anti-money
laundering ("AML") procedures as described below, which it has found
to be reasonable, and the Fund desires to delegate certain AML
procedures to PFPC, as permitted by the USA PATRIOT Act (the "PATRIOT
Act") and the regulations promulgated hereunder. Consequently, the
Fund and PFPC desire to amend the Agreement to reflect such services
explicitly as follows:
To the extent the other provisions of this Agreement require PFPC to
establish, maintain and monitor accounts of investors in the Fund
consistent with securities laws, PFPC shall perform all reasonable
actions necessary to help the Fund be in compliance with United States
Federal AML laws applicable to investor activity, including the Bank
Secrecy Act and the PATRIOT Act as follows: In this regard, PFPC
shall: (a) establish and implement written internal policies,
procedures and internal controls reasonably designed to prevent the
Fund from being used to launder money or finance terrorist activities
and to achieve compliance with the applicable provisions of the Bank
Secrecy Act and the implementing regulations thereunder; (b) undertake
to revise such AML procedures as necessary or appropriate; (c) provide
for independent testing, by an employee who is not responsible for the
operation of PFPC's AML program or by an outside party, for compliance
with PFPC's established policies and procedures; (d) designate a
person or persons responsible for implementing and monitoring the
operation and internal controls of PFPC's AML program; and (e) provide
ongoing training of PFPC personnel relating to the prevention of
money-laundering activities. Upon the reasonable request of the Fund,
PFPC shall provide to the Fund's AML Compliance Officer: (x) a copy of
PFPC's written AML policies and procedures (it being understood such
information is to be considered confidential and treated as such and
afforded all protections provided to confidential information under
this Agreement): (y) a copy of a written assessment or report prepared
by the party performing the independent testing for compliance (or a
summary thereof, at PFPC's option), or a certification that the
findings of the independent party are satisfactory; and (z) a summary
of the AML training provided for appropriate personnel. In addition,
PFPC shall provide the Fund with information necessary for the Fund to
prepare and file Form 8300 and any other suspicious activity reports,
required under AML laws, in connection with suspicious activity PFPC
detects. PFPC agrees to permit inspections relating to its AML program
by U.S. Federal departments or regulatory agencies with appropriate
jurisdiction and to make available to examiners from such departments
or regulatory agencies such information and records relating to its
AML program as such examiners shall reasonably request."
2. General. This Amendment contains the entire understanding between the
parties with respect to the services contemplated hereby. Except as expressly
set forth herein, the Agreement shall remain unaffected hereby.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be
executed by their duly authorized officers, as of the day and year first above
written.
CAPITAL CASH MANAGEMENT TRUST
/s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇
By: _____________________________________
Name: ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇
Title: Vice President
PFPC INC.
/s/ ▇▇▇▇ ▇. ▇▇▇▇▇▇
By: ______________________________________
Name: ▇▇▇▇ ▇. ▇▇▇▇▇▇
Title: Vice President and Director
Transfer Agency Division