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Title:

Custody Agreement

Entities:

Oceanstone Fund

Date:

2006

Size:

56KB total

Price:

$34

ID:

#2567352

 

 

► Securities ► Custody Agreements

 

 

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CUSTODY AGREEMENT

BETWEEN

THE HUNTINGTON NATIONAL BANK

AND

OCEANSTONE FUND



























#



TABLE OF CONTENTS


Definitions

1

ARTICLE II - Appointment; Acceptance; and Furnishing of Documents

 

II. A. Appointment of Custodian.

2

II. B. Acceptance of Custodian.

2

II. C. Documents to be Furnished.

2

II. D. Notice of Appointment of Dividend and Transfer Agent.

2

ARTICLE III - Receipt of Trust Assets

 

III. A. Delivery of Moneys.

2

III. B. Delivery of Securities.

2

III. C. Payments for Shares.

3

III. D. Duties Upon Receipt.

3

ARTICLE IV - Disbursement of Trust Assets

 

IV. A. Declaration of Dividends by Trust.

3

IV. B. Segregation of Redemption Proceeds.

3

IV. C. Disbursements of Custodian.

3

IV. D. Payment of Custodian Fees.

3

ARTICLE V - Custody of Trust Assets

 

V. A. Separate Accounts for Each Fund.

3

V. B. Segregation of Non-Cash Assets.

3

V. C. Securities in Bearer and Registered Form.

3

V. D. Duties of Custodian as to Securities.

3

V. E. Certain Actions Upon Written Instructions.

4

V. F. Custodian to Deliver Proxy Materials.

4

V. G. Custodian to Deliver Tender Offer Information.

4

V. H. Custodian to Deliver Security and Transaction Information.

4

ARTICLE VI - Purchase and Sale of Securities

 

VI. A. Purchase of Securities.

5

VI. B. Sale of Securities.

5

VI. C. Delivery Versus Payment for Purchases and Sales.

5

VI. D. Payment on Settlement Date.

5

VI. E. Segregated Accounts.

5

VI. F. Advances for Settlement.

6

ARTICLE VII - Trust Indebtedness

 

VII. A. Borrowings.

6

VII. B. Advances.

6

ARTICLE VIII - Concerning the Custodian

 

VIII. A. Limitations on Liability of Custodian.

6

VIII. B. Actions not Required by Custodian.

7

VIII. C. No Duty to Collect Amounts Due From Dividend and Transfer Agent.

7

VIII. D. No Enforcement Actions.

8

VIII. E. Authority to Use Agents and Sub-Custodians.

8

VIII. F. No Duty to Supervise Investments.

8

VIII. G. All Records Confidential.

8

VIII. H. Compensation of Custodian.

8

VIII. I. Reliance Upon Instructions.

8

VIII. J. Books and Records.

8

VIII. K. Internal Accounting Control Systems.

8

VIII. L. No Management of Assets by Custodian.

8

VIII. M. Assistance to Trust.

9

ARTICLE IX - Termination

 

IX. A. Termination.

9

IX. B. Failure to Designate Successor Custodian.

9

ARTICLE X - Force Majeure

 

ARTICLE XI - Miscellaneous

 

XI. A. Designation of Authorized Persons.

9

XI. B. Limitation of Personal Liability.

9

XI. C. Authorization By Board.

10

XI. D. Custodian's Consent to Use of Its Name.

10

XI. E. Notices to Custodian.

10

XI. F. Notices to Trust.

10

XI. G. Amendments In Writing.

10

XI. H. Successors and Assigns.

10

XI. I. Governing Law.

10

XI. J. Jurisdiction.

10

XI. K. Counterparts.

10

XI. L. Headings.

10

APPENDIX A

 

APPENDIX B

 

APPENDIX C

 

APPENDIX D

 

APPENDIX E

 


#



CUSTODY AGREEMENT



This agreement (the "Agreement") is entered into as of the 27th day of ­­­July, 2006, by and between the Oceanstone Fund, a Delaware business trust (the "Trust") and The Huntington National Bank, (the "Custodian"), a national banking association having its principal office at 41 South High Street, Columbus, Ohio 43215.

WHEREAS, the Trust and the Custodian desire to enter into this Agreement to provide for the custody and safekeeping of the assets of the Trust as required by the Act (as hereafter defined).

THEREFORE, in consideration of the mutual promises hereinafter set forth, the Trust and the Custodian agree as follows:

Definitions

The following words and phrases, when used in this Agreement, unless the context otherwise requires, shall have the following meanings:

Act - the Investment Company Act of 1940, as amended.

1934 Act - the Securities and Exchange Act of 1934, as amended.

Authorized Person - any person, whether or not any such person is an officer or employee of the Trust, who is duly authorized by the Board of Trustees of the Trust to give Oral Instructions and Written Instructions on behalf of the Trust or any Fund, and named in Appendix A attached hereto and as amended from time to time by resolution of the Board of Trustees, certified by an Officer, and received by the Custodian.

Board of Trustees - the Trustees from time to time serving under the Trust's Agreement and Declaration of Trust, as from time to time amended.

Book-Entry System - a federal book-entry system as provided in Subpart O of Treasury Circular No. 300, 31 CFR 306, in Subpart B of 31 CFT Part 350, or in such book-entry regulations of federal agencies as are substantially in the form of Subpart O.

Business Day - any day recognized as a settlement day by The New York Stock Exchange, Inc. and any other day for which the Trust computes the net asset value of Shares of any fund.


Depository - The Depository Trust Company ("DTC"), a limited purpose trust company, its successor(s) and its nominee(s).  Depository shall include any other clearing agency registered with the SEC under Section 17A of the 1934 Act which acts as a system for the central handling of Securities where all Securities of any particular class or series of an issuer deposited within the system are treated as fungible and may be transferred or pledged by bookkeeping entry without physical delivery of the Securities provided that the Custodian shall have received a copy of a resolution of the Board of Trustees, certified by an Officer, specifically approving the use of such clearing agency as a depository for the Funds.

Dividend and Transfer Agent - the dividend and transfer agent appointed, from time to time, pursuant to a written agreement between the dividend and transfer agent and the Trust.

Foreign Securities - a) securities issued and sold primarily outside of the United States by a foreign government, a national of any foreign country, or a trust or other organization incorporated or organized under the laws of any foreign country or; b) securities issued or guaranteed by the government of the United States, by any state, by any political subdivision or agency thereof, or by any entity organized under the laws of the United States or of any state thereof, which have been issued and sold primarily outside of the United States.

Fund - each series of the Trust listed in Appendix B and any additional series added pursuant to Proper Instructions.  A series is individually referred to as a "Fund" and collectively referred to as the "Funds."

Money Market Security - debt obligations issued or guaranteed as to principal and/or interest by the government of the United States or agencies or instrumentalities thereof, commercial paper, obligations (including certificates of deposit, bankers' acceptances, repurchase agreements and reverse repurchase agreements with respect to the same), and time deposits of domestic banks and thrift institutions whose deposits are insured by the Federal Deposit Insurance Corporation, and short-term corporate obligations where the purchase and sale of such securities normally require settlement in federal funds or their equivalent on the same day as such purchase and sale, all of which mature in not more than thirteen (13) months.


 

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