Unassociated Document
IMPORTANT NOTICE
-
INDEPENDENT AGENT AND BROKER COMPENSATION
NO COVERAGE IS PROVIDED BY THIS NOTICE. THIS
NOTICE
DOES NOT AMEND ANY PROVISION OF YOUR POLICY. YOU SHOULD REVIEW YOUR ENTIRE
POLICY CAREFULLY FOR COMPLETE INFORMATION ON THE COVERAGES PROVIDED AND TO
DETERMINE YOUR RIGHTS AND DUTIES UNDER YOUR POLICY. PLEASE CONTACT YOUR AGENT
OR
BROKER IF YOU HAVE ANY QUESTIONS ABOUT THIS NOTICE OR ITS CONTENTS. IF THERE
IS
ANY CONFLICT BETWEEN YOUR POLICY AND THIS NOTICE, THE PROVISIONS OF YOUR POLICY
PREVAIL.
For information about how Travelers compensates independent agents
and brokers, please visit www.travelers.com, call our toll-free telephone
number, 1-866-904-8348, or you may request a written copy from Marketing at
One
Tower Square, 2GSA, Hartford, CT 06183.
HOW TO REPORT LOSSES, CLAIMS,
OR
POTENTIAL CLAIMS TO TRAVELERS
Reporting new losses, claims, or potential claims promptly
can be critical. It helps to resolve covered losses or claims as quickly as
possible and often reduces the overall cost. Prompt reporting:
’ better protects the interests of all parties;
’ helps Travelers to try to resolve losses or claims more quickly;
and
’ often reduces the overall cost of a loss or claim - losses or
claims reported more than five days after they happen cost on average 35% more
than those reported earlier.
Report losses, claims, or potential claims to Travelers easily
and
quickly by fax, U S mail, or email.
FAX
Use this number to report a loss, claim,
or
potential claim by fax toll free.
1-888-460-6622
US MAIL
Use this address to report a loss, claim,
or
potential claim by U S Mail.
Bond-FPS
Claims Department Travelers
Mail Code NB08F 385 Washington Street Saint Paul,
Minnesota
55102
EMAIL
Use this address to report a loss, claim,
or
potential claim by email.
Pro.E&O.Claim.Reporting@SPT.com
This is a general description of how to report a loss, claim, or potential
claim under this policy or bond. This description does not replace or add to
the
terms of this policy or bond. The policy or bond alone determines the scope
of
coverage. Please read it carefully for complete information on coverage. Contact
your agent or broker if you have any questions about coverage.
INVESTMENT COMPANY BLANKET BOND
St. Paul Fire and Marine Insurance
Company
St. Paul, Minnesota 55102-1396 (A Stock
Insurance Company, herein called Underwriter)
DECLARATIONS BOND NO.
469BD0296
Item 1.Name
of Insured (herein called Insured):
Taiwan Greater China Fund
Principal Address:
40 Water Street Boston, MA 02109-3661
Item 2. Bond Period from 12:01
a.m. on 09/01/08 to 12:01 a..m. on 09/01/09 the effective
date of the
termination or cancellation of the bond, standard time at the Principal Address as to each of said dates.
Item 3. Limit of Liability
Subject to Sections
9, 10, and 12 hereof:
|
Limit of Liability |
|
Deductible Amount |
|
Insuring Agreement A - FIDELITY |
|
$1,000,000 |
|
$50,000 |
|
Insuring Agreement B - AUDIT EXPENSE |
|
$25,000 |
|
$5,000 |
|
Insuring Agreement C - PREMISES |
|
$1,000,000 |
|
$50,000 |
|
Insuring Agreement D - TRANSIT |
|
$1,000,000 |
|
$50,000 |
|
Insuring Agreement E - FORGERY OR ALTERATION |
|
$1,000,000 |
|
$50,000 |
|
Insuring Agreement F - SECURITIES |
|
$1,000,000 |
|
$50,000 |
|
Insuring Agreement G - COUNTERFEIT CURRENCY |
|
$1,000,000 |
|
$50,000 |
|
Insuring Agreement H - STOP PAYMENT |
|
$25,000 |
|
$5,000 |
|
Insuring Agreement I - UNCOLLECTIBLE ITEMS OF |
|
|
DEPOSIT |
|
$2,500,000 |
|
$10,000 |
|
OPTIONAL COVERAGES ADDED BY
RIDER: |
|
Insuring Agreement J - Computer Systems |
|
$1,000,000 |
|
$50,000 |
|
Insuring Agreement K - Voice Initiated Transactions |
|
$1,000,000 |
|
$50,000 |
|
Insuring Agreement L - Telefacsimile Transactions |
|
$1,000,000 |
|
$50,000 |
|
Insuring Agreement M - Unauthorized Signature |
|
$1,000,000 |
|
$50,000 |
If "Not Covered" is inserted above opposite any specified
Insuring Agreement or Coverage, such Insuring Agreement or Coverage and any
other reference thereto in this bond shall be deemed to be deleted therefrom.
Item 4. Offices or Premises
Covered - Offices acquired or established subsequent to the
effective date of this bond are covered according to the terms of General Agreement A. All the Insured's offices or premises in existence
at the
time this bond becomes effective are covered under this bond
except the offices or premises located as follows:
Item 5. The liability of the
Underwriter is subject to the terms of the following endorsements or riders
attached hereto: Endorsements or Riders No. 1 through
ICB010 Ed. 07-04; ICB011 Ed. 07-04; ICB012
Ed.
07-04; ICB013 Ed. 07-04; ICB014 Ed. 07-04; ICB016 Ed. 07-04; ICB026 Ed. 07-04
Item 6. The Insured by the acceptance of this
bond gives notice to the Underwriter terminating or canceling
prior bonds or policy(ies) No.(s) 469BD0296 such
termination or cancellation
to be effective as of the time this
bond becomes effective.
IN WITNESS WHEREOF, the Company has caused
this
bond to be signed by its President and Secretary and countersigned by a duly
authorized representative of the Company.
Countersigned: ST.
PAUL FIRE AND MARINE INSURANCE COMPANY
/s/Bruce Backberg, Secretary
/s/Brian MacLean, President
Authorized Representative Countersigned At
Countersignature Date
INVESTMENT COMPANY BLANKET BOND
The Underwriter,
in
consideration
of
an
agreed
premium,
and
subject
to
the
Declarations
made
a
part
hereof,
the
General
Agreements,
Conditions
and
Limitations
and
other terms of this
bond,
agrees
with
the
Insured,
in
accordance
with
the
Insuring
Agreements hereof to which an
amount
of
insurance
is
applicable
as
set
forth
in
Item 3 of the Declarations
and
with
respect
to
loss
sustained
by the Insured at any
time
but
discovered
during
the
Bond
Period, to indemnify and hold harmless the Insured for:
INSURING AGREEMENTS
(A) FIDELITY
Loss resulting from
any dishonest or fraudulent
act(s),
including
Larceny
or
Embezzlement,
committed
by an Employee, committed anywhere and whether committed alone
or
in
collusion
with
others,
including
loss
of
Property
resulting
from
such acts of an Employee, which
Property is held by the
Insured
for
any
purpose
or
in
any
capacity
and
whether
so
held
gratuitously
or not and whether or not the Insured
is liable therefor.
Dishonest or fraudulent
act(s)
as
used
in this Insuring
Agreement
shall
mean
only
dishonest or fraudulent act(s)
committed
by
such
Employee
with
the
manifest intent:
- (a)
- to cause the Insured to sustain such loss; and
-
- (b)
- to obtain financial benefit
for
the
Employee,
or
for
any
other
Person
or
organization
intended by the Employee
to
receive
such
benefit, other than salaries,
commissions,
fees,
bonuses,
promotions,
awards,
profit
sharing,
pensions
or
other
employee
benefits earned in the normal course of
employment.
(B) AUDIT
EXPENSE
Expense incurred by
the
Insured
for
that
part of the costs of
audits
or
examinations
required
by
any
governmental
regulatory
authority
to
be
conducted
either by such authority
or by an independent
accountant by reason of
the
discovery
of
loss
sustained by the Insured
through
any
dishonest
or fraudulent act(s), including
Larceny
or
Embezzlement,
of
any
of
the
Employees.
The
total
liability
of
the
Underwriter
for such expense by
reason
of
such
acts
of any Employee or in
which such Employee is
concerned
or
implicated
or with respect to
any
one
audit or examination
is limited to the amount stated opposite Audit Expense
in
Item
3
of
the
Declarations;
it
being
understood,
however,
that
such
expense shall be deemed
to be a loss sustained
by
the
Insured
through
any
dishonest
or
fraudulent
act(s),
including
Larceny
or
Embezzlement,
of one or more of the Employees, and the liability
under
this
paragraph
shall
be
in
addition
to
the
Limit
of
Liability
stated
in
Insuring
Agreement
(A)
in
Item
3
of
the
Declarations.<
/font>
(C) ON PREMISES
Loss of Property
(occurring with or without
negligence
or
violence)
through
robbery,
burglary, Larceny, theft, holdup,
or other
fraudulent
means,
misplacement,
mysterious
unexplainable
disappearance,
damage
thereto
or
destruction
thereof,
abstraction
or
removal
from
the
possession,
custody or control of
the
Insured,
and
loss
of subscription, conversion, redemption
or
deposit privileges through the
misplacement or loss of Property,
while
the
Property
is
(or
is
supposed
or
believed
by
the
Insured
to
be)
lodged
or
deposited
within
any
offices
or
premises
located
anywhere,
except
in
an
office
listed
in
Item
4
of
the
Declarations
or
amendment
thereof
or
in
the
mail
or
with
a
carrier
for
hire,
other
than
an
armored
motor
vehicle
company,
for
the purpose of transportation.
Office and Equipment
- (1)
- loss of or damage
to furnishings, fixtures, stationery,
supplies
or
equipment,
within
any
of
the
Insured's
offices
covered under this bond
caused
by
Larceny
or
theft
in,
or
by
burglary,
robbery
or hold-up of, such
office, or attempt thereat,
or
by
vandalism
or malicious mischief; or
-
- (2)
- loss through damage to
any
such
office
by
Larceny
or
theft
in,
or
by
burglary,
robbery
or
hold-up
of,
such
office,
or
attempt
thereat,
or
to
the
interior
of
any
such
office
by
vandalism
or malicious mischief provided,
in
any
event,
that the Insured is
the owner of such
offices, furnishings, fixtures,
stationery,
supplies
or
equipment
or
is legally liable for
such loss or damage
always excepting, however, all loss
or damage through fire.
(D) IN TRANSIT
ICB005 Ed. 7-04 1 of 12 Loss
of
Property
(occurring
with
or
without
negligence
or
violence) through robbery, Larceny, theft, hold-up,
misplacement,
mysterious unexplainable disappearance, being lost
or
otherwise
made
away
with,
damage
thereto
or
destruction
thereof,
and
loss
of
subscription,
conversion,
redemption
or
deposit
privileges
through
the
misplacement
or
loss of Property, while
the
Property
is
in
transit
anywhere
in
the
custody
of
any
person
or
persons
acting
as
messenger,
except
while
in the mail or
with
a
carrier
for
hire,
other
than
an
armored
motor
vehicle
company,
for
the
purpose
of
transportation,
such
transit
to
begin
immediately
upon receipt of such Property by the
transporting
person
or
persons, and to end
immediately
upon
delivery
thereof at
destination.
(E) FORGERY
0R
ALTERATION
Loss through Forgery or alteration of
or on:
- (1)
- any bills of exchange,
checks,
drafts,
acceptances, certificates of deposit,
promissory
notes,
or
other
written
promises,
orders or directions to pay
sums
certain
in
money,
due
bills,
money
orders,
warrants,
orders
upon
public
treasuries,
letters
of
credit;
or
-
- (2)
- other written instructions,
advices or applications directed
to
the
Insured,
authorizing
or
acknowledging
the
transfer,
payment,
delivery
or
receipt
of
funds
or
Property,
which
instructions, advices
or applications purport to have
been
signed
or
endorsed
by any:
-
- (a)
- customer
of the
Insured, or
- (b)
- shareholder
or
subscriber
to
shares,
whether
certificated
or
uncertificated,
of
any
Investment
- Company,
or
- (c)
- financial
or
banking
institution
or
stockbroker,
but which instructions,
advices
or
applications
either
bear
the forged signature
or endorsement or have
been altered without the
knowledge
and
consent
of
such customer, shareholder or subscriber
to
shares,
or
financial
or
banking
institution
or
stockbroker;
or
(3) withdrawal
orders or receipts for
the
withdrawal
of
funds
or Property,
or
receipts
or
certificates
of deposit for Property
and bearing the name
of
the
Insured
as
issuer,
or
of
another
Investment
Company
for which the Insured acts as agent,
excluding, however, any
loss
covered
under
Insuring
Agreement
(F)
hereof
whether or not coverage
for Insuring Agreement (F) is
provided
for
in the
Declarations of this bond.
Any check or
draft
(a)
made
payable
to
a
fictitious
payee and
endorsed in the name of such fictitious
payee
or
(b)
procured
in
a
transaction
with the maker or drawer
thereof
or
with
one
acting
as
an
agent
of
such
maker
or
drawer
or
anyone
impersonating
another
and
made
or drawn payable to
the
one
so
impersonated
and endorsed by anyone
other than the one impersonated,
shall
be
deemed
to be forged as to
such
endorsement.
Mechanically reproduced facsimile
signatures
are
treated
the same as handwritten signatures.
(F) SECURITIES
Loss sustained by
the
Insured,
including
loss
sustained
by
reason
of
a
violation
of
the
constitution
by-laws,
rules
or
regulations
of
any
Self
Regulatory
Organization
of
which
the
Insured
is
a
member
or
which
would
have
been
imposed
upon
the
Insured
by
the
constitution,
by-laws,
rules
or
regulations
of
any
Self
Regulatory
Organization
if
the Insured had been
a
member thereof,
- (1)
- through the Insured's having,
in
good
faith
and
in
the
course
of
business,
whether
for
its
own
account
or
for
the
account
of
others,
in
any
representative,
fiduciary,
agency
or
any
other
capacity,
either
gratuitously
or
otherwise,
purchased
or
otherwise
acquired,
accepted
or
received,
or
sold
or
delivered,
or
given
any
value,
extended
any credit or assumed
any liability, on the
faith of, or otherwise
acted upon, any securities,
documents
or
other
written
instruments
which
prove to have been:
-
- (a)
- counterfeited,
or
- (b)
forged
as
to
the
signature
of
any
maker,
drawer,
issuer,
endorser,
assignor,
lessee,
transfer
agent
or
registrar,
acceptor,
surety
or
guarantor
or
as
to
the
signature
of
any
person
signing
in
any
other
capacity,
or
(c)
raised
or
otherwise
altered,
or lost, or stolen,
or
(2)
through
the
Insured's
having,
in
good
faith and in the course
of
business,
guaranteed
in writing or witnessed
any signatures whether
for valuable consideration or not and whether or
not such guaranteeing
or
witnessing is ultra vires the
Insured,
upon
any
transfers,
ICB005 Ed. 7-04 2 of 12 assignments, bills
of
sale,
powers of attorney, guarantees,
endorsements
or
other
obligations
upon
or
in connection
with
any
securities,
documents
or other written
instruments
and
which
pass
or
purport
to
pass
title
to
such
securities,
documents
or
other
written
instruments; excluding losses caused
by
Forgery
or
alteration
of,
on
or
in
those
instruments
covered
under
Insuring
Agreement
(E) hereof.
Securities, documents or other
written
instruments
shall be deemed to mean
original
(including
original
counterparts)
negotiable
or
non-negotiable
agreements
which
in
and
of
themselves
represent
an equitable interest, ownership,
or
debt,
including
an assignment thereof, which instruments
are,
in
the
ordinary
course
of
business,
transferable
by
delivery of such agreements
with
any
necessary
endorsement or assignment.
The word "counterfeited"
as
used
in
this Insuring Agreement shall be deemed to mean
any
security, document or other written
instrument
which
is intended to deceive
and
to
be
taken
for
an
original.
Mechanically reproduced facsimile
signatures
are
treated
the same as handwritten signatures.
(G) COUNTERFEIT
CURRENCY
Loss through the
receipt by the Insured,
in
good
faith,
of
any
counterfeited
money orders or altered
paper currencies or
coin
of
the
United
States
of
America
or
Canada
issued
or
purporting
to have been issued
by the United
States
of
America
or
Canada
or
issued
pursuant
to
a
United
States
of
America
or
Canada
statute
for
use
as
currency.
(H) STOP PAYMENT
Loss against any
and all sums
which
the
Insured
shall
become
obligated
to
pay
by
reason
of
the
liability imposed upon the Insured
by
law
for
damages:
For having either
complied with or failed
to comply with any written
notice
of
any
customer,
shareholder
or
subscriber of the Insured
or
any
Authorized
Representative of such customer,
shareholder
or
subscriber
to
stop
payment
of any check or draft
made
or
drawn
by
such
customer,
shareholder
or subscriber or any
Authorized
Representative
of
such
customer,
shareholder
or
subscriber,
or
For having refused
to pay any check
or
draft
made
or drawn by any customer,
shareholder
or
subscriber
of
the
Insured
or any Authorized Representative
of
such
customer,
shareholder
or subscriber.
(I) UNCOLLECTIBLE
ITEMS OF DEPOSIT
Loss resulting from
payments of dividends or
fund
shares,
or
withdrawals
permitted
from
any
customer's, shareholder's, or subscriber's
account
based
upon
Uncollectible
Items
of
Deposit
of
a
customer,
shareholder
or
subscriber
credited
by
the
Insured
or
the
Insured's agent to such
customer's,
shareholder's
or
subscriber's
Mutual
Fund
Account;
or
loss
resulting
from
an
Item
of
Deposit
processed
through
an
Automated
Clearing
House
which
is
reversed
by
the
customer,
shareholder
or
subscriber
and
deemed
uncollectible
by the Insured.
Loss includes dividends
and
interest
accrued
not to exceed 15% of
the
Uncollectible
Items
which are deposited.
This Insuring Agreement
applies
to
all
Mutual
Funds
with
"exchange
privileges" if all Fund(s)
in
the
exchange
program
are
insured
by
the
Underwriter
for
Uncollectible
Items
of
Deposit.
Regardless
of the
number of transactions between Fund(s),
the
minimum
number
of days of deposit
within
the
Fund(s)
before
withdrawal as declared in the
Fund(s)
prospectus
shall begin from the
date
a
deposit
was
first
credited
to
any
Insured
Fund(s).
GENERAL AGREEMENTS
A. ADDITIONAL
OFFICES
OR
EMPLOYEES
CONSOLIDATION
OR MERGER - NOTICE
(1) If the
Insured
shall,
while
this
bond
is
in
force,
establish
any
additional
office
or
offices,
such
offices
shall
be automatically covered hereunder
from
the
dates
of
their
establishment,
respectively. No notice to the
Underwriter
of
an
increase
during
any
premium
period
in
the
number
of
offices
or
in
the
number
of
Employees at any of
the
offices
covered
hereunder
need
be given and
no additional
premium
need
be paid for the remainder
of such premium period.
(2) If an
Investment
Company,
named
as Insured herein, shall,
while
this
bond
is
in
force,
merge
or
consolidate
with,
or
purchase
the
assets
of
another
institution,
coverage
for
such
acquisition
shall apply automatically
from
the
date
of acquisition. The Insured
shall
notify
the
Underwriter
of
such
acquisition
within
60
days
of said date, and an
additional
premium
shall
be computed only if
such
acquisition
involves
additional
offices
or employees.
B. WARRANTY
No statement made
by or on behalf
of
the
Insured,
whether
contained
in
the
application
or
otherwise,
shall
be
deemed
to
be
a
warranty
of
anything
except
that
it
is
true
to
the
best of the knowledge
and
belief
of
the
person
making
the
statement.
C. COURT
COSTS AND
ATTORNEYS' FEES
(Applicable to all
Insuring Agreements or
Coverages
now
or
hereafter
forming
part
of
this bond)
The Underwriter will
indemnify
the
Insured
against
court
costs and reasonable attorneys'
fees
incurred
and
paid by the Insured
in defense, whether or
not
successful,
whether
or
not
fully
litigated
on
the
merits
and
whether
or
not
settled,
of
any
suit
or
legal
proceeding
brought
against
the
Insured
to
enforce
the
Insured's
liability
or alleged liability on account of any loss, claim or damage which,
if
established
against
the
Insured, would constitute a loss
sustained
by
the
Insured
covered
under
the terms of this bond
provided,
however,
that
with respect to Insuring
Agreement (A) this indemnity
shall
apply
only
in the event that:
- (1)
- an Employee admits to
being
guilty
of
any
dishonest
or
fraudulent
act(s), including Larceny or
Embezzlement; or
- (2)
- an Employee is adjudicated
to
be
guilty
of any dishonest or
fraudulent act(s), including
Larceny
or Embezzlement;
- (3)
- in the absence of
(1) or (2) above
an
arbitration
panel
agrees,
after a review of
an
agreed statement of
facts, that an Employee
would be found guilty
of dishonesty if such
Employee were prosecuted.
The Insured shall
promptly give notice to
the
Underwriter
of
any
such suit or
legal
proceedings
and
at
the
request
of
the
Underwriter
shall
furnish
it
with
copies
of
all
pleadings
and
other
papers
therein. At the Underwriter's election the Insured
shall
permit
the
Underwriter
to
conduct
the defense of such
suit or legal proceeding,
in
the
Insured's
name, through attorneys of the
Underwriter's
selection.
In
such
event,
the Insured shall give
all reasonable information and assistance
which
the
Underwriter
shall
deem
necessary
to
the
proper
defense
of
such
suit
or
legal
proceeding.
If the amount
of
the
Insured's
liability
or alleged liability is
greater
than
the
amount
recoverable
under
this bond, or if a
Deductible
Amount
is
applicable,
or
both,
the
liability
of
the
Underwriter
under
this
General
Agreement is limited
to
the proportion of court
costs and attorneys' fees
incurred
and
paid
by
the
Insured
or
by
the
Underwriter
that
the
amount
recoverable
under
this bond bears to the
total
of
such
amount
plus
the
amount
which
is
not
so
recoverable.
Such
indemnity
shall be in addition
to the Limit of Liability
for
the
applicable
Insuring Agreement or Coverage.
D. FORMER
EMPLOYEE
Acts of an
Employee,
as
defined
in
this
bond,
are
covered
under
Insuring Agreement (A) only while
the Employee
is
in the Insured's
employ. Should loss involving a former
Employee
of
the
Insured
be
discovered
subsequent to the termination
of
employment,
coverage
would
still
apply
under Insuring Agreement (A) if
the
direct
proximate
cause
of
the loss occurred while
the former Employee performed
duties
within
the
scope
of
his/her
employment.
THE FOREGOING INSURING AGREEMENTS
AND
GENERAL AGREEMENTS ARE
SUBJECT
TO THE FOLLOWING CONDITIONS AND
LIMITATIONS:
SECTION
1.
DEFINITIONS |
(2)
|
any
of
the
officers
or
employees
of
any
|
The
following
terms,
as
used
in this bond have
the
|
|
predecessor
of the Insured
whose principal
|
respective
meanings stated in this Section: |
|
assets
are
acquired
by
the
Insured by
|
(a)
"Employee"
means: |
|
consolidation
or merger with, or
purchase of assets or
capital
stock
of,
such
predecessor,
|
(1)
any
of
the
Insured's
officers, partners, or
|
|
and
|
employees,
and
|
|
|
- (3)
- attorneys retained by the
Insured
to
perform
legal
services
for
the Insured and the
employees
of
such
attorneys
while
such
attorneys
or
employees
of
such attorneys are performing
such services for the Insured, and
- (4)
- guest students pursuing their
studies
or
duties
in
any of the Insured's offices, and
- (5)
- directors or trustees of
the
Insured,
the
investment
advisor,
underwriter
(distributor),
transfer
agent,
or
shareholder
accounting
record
keeper,
or administrator authorized by written agreement
to
keep
financial and/or other required
records,
but
only
while performing acts coming
within
the
scope
of the usual duties
of an officer or employee
or
while
acting
as a member of any
committee
duly
elected
or appointed to
examine
or
audit
or
have
custody
of
or
access
to
the
Property
of the Insured, and
- (6)
- any individual or individuals
assigned
to
perform
the
usual
duties
of an employee within
the premises of the
Insured, by contract, or by
any
agency
furnishing
temporary
personnel
on
a
contingent
or part-time basis, and
- (7)
- each natural person, partnership
or
corporation
authorized
by
written
agreement
with
the
Insured
to perform services as
electronic data processor of checks
or
other
accounting
records
of
the
Insured,
but
excluding
any such processor
who
acts
as
transfer
agent or in any other agency
capacity in issuing checks, drafts
or
securities for the Insured,
unless
included
under
sub-section
(8) those persons so
designated
in
Section
15,
Central
Handling of Securities, and
(9)
- any officer, partner, or Employee of:
-
- (a)
- an
investment advisor,
- (b)
- an
underwriter
(distributor),
- (c)
- a
transfer
agent or shareholder
accounting record-keeper,
or
- (d)
-
an administrator authorized
by
written
agreement
to
keep
financial
and/or
other
required
records,
for an Investment Company
named
as
Insured
while
performing
acts
coming
within
the
scope
of
the
usual duties of an officer
or
Employee
of
any
investment
Company
named
as Insured herein, or
while
acting
as
a
member
of
any
committee duly elected or appointed
to
examine
or
audit
or
have
custody
of
or
access
to
the
Property
of
any
such
Investment
Company,
provided that only Employees
or
partners
of
a
transfer
agent,
shareholder
accounting record-keeper or administrator
which
is
an
affiliated person, as defined
in
the
Investment
Company Act of 1940,
of
an
Investment
Company
named
as
Insured
or
is
an
affiliated
person
of
the
advisor,
underwriter
or
administrator
of
such
Investment
Company,
and
which
is not a bank, shall
be
included
within
the
definition of Employee.
Each employer of temporary
personnel
or
processors
as
set
forth
in
sub-sections
(6)
and
(7)
of
Section
1(a)
and
their
partners,
officers
and
employees
shall
collectively
be deemed to be
one
person
for
all
the
purposes
of
this
bond,
excepting,
however,
the last paragraph of
Section
13.
Brokers, or other agents
under
contract
or
representatives
of
the
same
general
character shall not be considered Employees.
- (b)
- "Property" means money
(i.e.
currency,
coin,
bank notes, Federal Reserve
notes),
postage
and
revenue stamps, U.S. Savings
Stamps,
bullion,
precious metals of all
kinds and in any form
and
articles
made
therefrom,
jewelry,
watches,
necklaces,
bracelets,
gems,
precious
and
semi-precious
stones,
bonds,
securities,
evidences
of
debts,
debentures,
scrip,
certificates,
interim
receipts, warrants, rights, puts,
calls,
straddles,
spreads,
transfers,
coupons,
drafts,
bills
of
exchange,
acceptances, notes, checks, withdrawal
orders,
money
orders,
warehouse
receipts,
bills
of
lading,
conditional sales contracts, abstracts
of
title,
insurance
policies,
deeds,
mortgages
under
real
estate
and/or chattels and upon
interests
therein,
and
assignments of such policies,
mortgages
and
instruments,
and
other
valuable
papers,
including
books
of
account
and
other
records
used
by
the
Insured
in
the
conduct
of
its
business,
and
all
other
instruments
similar
to
or in the nature
of
the
foregoing
including
Electronic Representations of such
instruments
enumerated
above
(but
excluding
all
data
processing
records)
in
which
the
Insured
has
an
interest
or
in
which
the
Insured
acquired
or
should
have
acquired an interest by reason
of
a
predecessor's
declared
financial
condition
at
the
time
of
the
Insured's
consolidation
or
merger
with,
or
purchase
of
the
principal
assets
of,
such
predecessor
or
which
are
held by the Insured
for any purpose or
in any capacity
and
whether
so
held
gratuitously
or
not
and whether or not
the Insured is liable therefor.
- (c)
- "Forgery" means the signing
of
the
name
of
another
with
intent
to
deceive;
it
does
not
include
the
signing
of
one's
own
name
with or without authority,
in
any
capacity,
for
any
purpose.
- (d)
- "Larceny and Embezzlement" as it applies to any named Insured means
those
acts
as
set
forth
in
Section
37
of
the
Investment
Company
Act
of
1940.
- (e)
- "Items of Deposit" means
any
one
or
more
checks
and
drafts.
Items of Deposit
shall
not
be
deemed
uncollectible
until
the
Insured's collection procedures have failed.
SECTION 2. EXCLUSIONS THIS
BOND, DOES NOT COVER:
- (a)
- loss effected directly or
indirectly
by
means
of
forgery
or
alteration
of,
on
or
in
any
instrument,
except
when
covered
by
Insuring
Agreement
(A), (E), (F) or (G).
- (b)
- loss due to riot
or civil commotion outside
the
United
States
of America and Canada;
or loss due to military,
naval
or
usurped
power,
war
or insurrection unless such loss occurs
in transit in the
circumstances recited in Insuring
Agreement
(D),
and
unless, when such transit
was
initiated,
there
was
no
knowledge
of
such
riot,
civil commotion, military, naval
or
usurped
power,
war or insurrection on
the part of any person
acting
for
the Insured in
initiating such transit.
- (c)
- loss, in time of
peace or war, directly
or indirectly caused by or
resulting
from
the
effects
of
nuclear
fission
or
fusion
or
radioactivity;
provided,
however,
that
this
paragraph
shall
not apply to loss
resulting from industrial uses of nuclear energy.
- (d)
- loss resulting from any
wrongful
act
or
acts
of
any
person
who
is
a
member
of
the
Board
of
Directors
of
the
Insured
or
a
member
of
any
equivalent
body by whatsoever name
known
unless
such
person
is
also
an
Employee
or
an
elected
official,
partial
owner
or partner of the Insured
in
some
other
capacity,
nor, in any event,
loss resulting from the act
or
acts
of
any
person
while
acting
in
the
capacity
of
a
member
of
such
Board or equivalent body.
- (e)
- loss resulting from the
complete
or
partial
non-payment of, or default
upon,
any
loan
or
transaction
in
the
nature
of,
or
amounting
to, a loan made
by
or
obtained
from
the
Insured
or
any
of
its
partners,
directors
or
Employees,
whether authorized or unauthorized
and
whether
procured
in
good
faith
or
through
trick,
artifice
fraud
or
false
pretenses,
unless
such
loss
is
covered
under
Insuring
Agreement (A), (E) or (F).
(f) loss
resulting
from
any
violation
by the Insured or by any Employee:
- (1)
of
law
regulating
(a)
the
issuance,
purchase
or
sale of securities,
(b) securities transactions upon
Security
Exchanges
or
over
the
counter
market,
(c)
Investment
Companies,
or
(d)
Investment
Advisors, or
(2)
- of
any
rule
or
regulation
made
pursuant
to
any such law.
unless such loss,
in the absence
of
such
laws,
rules
or
regulations,
would
be
covered
under Insuring Agreements (A) or (E).
- (g)
- loss of Property or
loss
of
privileges
through
the
misplacement
or
loss of Property as
set forth in Insuring
Agreement (C) or (D)
while the Property is in the custody
of any armored motor vehicle
company, unless such loss shall
be in excess of the
amount
recovered
or
received
by
the Insured under (a)
the Insured's contract with
said
armored
motor
vehicle company, (b) insurance
carried
by
said
armored
motor
vehicle
company
for
the
benefit of users of
its service, and (c)
all other insurance and indemnity
in
force
in
whatsoever
form
carried
by or for the benefit
of
users
of
said
armored
motor
vehicle
company's
service,
and
then
this
bond
shall
cover
only such excess.
- (h)
- potential income, including
but not limited to
interest and dividends, not realized
by
the
Insured
because
of
a
loss
covered
under
this
bond, except as included
under
Insuring
Agreement (I).
- (i)
- all damages of any
type for which the
Insured is legally liable,
except
direct
compensatory
damages
arising
from
a
loss
covered
under
this bond.
- (j)
- loss
through
the
surrender
of
Property away from an
office of the Insured
as a result of a
threat:
- (1)
to
do
bodily
harm
to
any
person,
except
loss
of
Property
in
transit
in
the
custody
of
any
person
acting
as
messenger
provided
that
when
such transit was initiated
there
was
no
knowledge
by
the
Insured of any such threat,
or
(2)
to
do
damage
to
the
premises
or
Property
of
the
Insured,
except
when
covered
under Insuring Agreement
(A).
ICB005 Ed. 7-04 6 of 12
- (k)
- all costs, fees and
other
expenses
incurred
by
the
Insured in establishing the existence of or amount of loss covered
under
this
bond
unless
such
indemnity
is
provided
for
under Insuring Agreement (B).
- (l)
- loss resulting from payments
made
or
withdrawals
from
the
account of a customer
of
the
Insured,
shareholder or subscriber to shares
involving
funds
erroneously credited to such
account,
unless
such
payments are made to
or withdrawn by such
depositors or representative of such
person,
who
is
within
the
premises
of
the
drawee
bank
of
the
Insured
or
within
the
office
of
the
Insured
at
the
time
of
such
payment
or
withdrawal
or unless such payment
is covered under Insuring
Agreement (A).
- (m)
- any loss resulting from Uncollectible
Items of Deposit which
are
drawn
from a financial institution
outside
the
fifty
states
of
the
United
States
of
America,
District
of
Columbia,
and
territories
and
possessions
of
the
United States of America, and Canada.
SECTION 3. ASSIGNMENT OF RIGHTS
This bond does
not afford coverage in
favor
of
any
Employers
of temporary personnel
or
of
processors
as
set
forth
in
sub-sections
(6)
and
(7)
of
Section
1(a)
of
this
bond,
as
aforesaid,
and
upon
payment
to
the
Insured
by
the
Underwriter
on
account
of
any
loss
through
dishonest
or
fraudulent
act(s)
including
Larceny or Embezzlement committed
by
any
of
the
partners,
officers
or
employees of such Employers,
whether
acting
alone
or
in
collusion
with
others,
an
assignment
of such of the Insured's
rights
and
causes
of
action
as
it
may
have
against
such
Employers
by
reason
of
such
acts
so
committed
shall,
to
the
extent
of
such
payment,
be
given
by
the
Insured
to
the
Underwriter,
and
the
Insured
shall
execute
all papers necessary to
secure
to
the
Underwriter
the
rights
herein
provided for.
SECTION 4. LOSS -
NOTICE
-
PROOF
LEGAL
PROCEEDINGS
This bond is for
the use and benefit
only
of
the
Insured
named
in
the
Declarations
and
the
Underwriter
shall
not
be liable hereunder for
loss
sustained
by
anyone
other than the Insured
unless the Insured, in
its
sole
discretion
and
at
its
option,
shall
include
such loss in the Insured's
proof
of
loss.
At
the
earliest
practicable
moment after discovery of any
loss
hereunder
the
Insured
shall
give
the
Underwriter
written
notice
thereof and shall also
within
six
months
after
such discovery furnish to the
Underwriter
affirmative
proof of loss with full
particulars.
If
claim
is made under
this
bond
for
loss
of
securities
or
shares,
the
Underwriter
shall not be liable
unless each of such
securities
or
shares
is
identified in such proof
of
loss
by
a
certificate
or
bond
number
or, where such securities
or
shares
are
uncertificated,
by
such
identification
means
as
agreed
to
by
the
Underwriter.
The
Underwriter
shall
have
thirty
days
after
notice
and
proof
of
loss
within
which
to
investigate
the
claim,
but
where
the
loss
is
clear
and
undisputed,
settlement
shall
be
made
within
forty-eight
hours; and this shall apply notwithstanding the loss
is
made
up
wholly
or
in
part
of
securities
of
which
duplicates
may
be
obtained.
Legal proceedings
for
recovery
of
any
loss
hereunder
shall
not
be
brought
prior
to
the
expiration
of
sixty
days
after
such
proof
of
loss
is
filed
with
the
Underwriter
nor after the expiration