Columbia Funds Series Trust
Columbia Funds Series Trust I
Columbia Funds Series Trust II
Columbia Funds Variable Insurance Trust
Columbia Funds Variable Series Trust II
Columbia ETF Trust I
Columbia ETF
Trust II
Columbia Seligman Premium Technology Growth Fund, Inc.
Tri-Continental Corporation
290 Congress Street
Boston, MA
02210
July 17th, 2024
VIA EDGAR
U.S. Securities and Exchange Commission
100 F Street, NE
Washington, DC 20549
Re: |
Columbia Funds Series Trust (File No. 811-09645)
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Columbia Funds Series Trust I (File No. 811-04367)
Columbia Funds Series Trust II (File No. 811-21852)
Columbia Funds Variable Insurance Trust (File No. 811-05199)
Columbia Funds Variable Series Trust II (File No. 811-22127)
Columbia ETF Trust I (File No. 811-22736)
Columbia ETF Trust II (File No. 811-22255)
Columbia Seligman Premium Technology Growth Fund, Inc. (File No. 811-22328)
Tri-Continental Corporation (File No. 811-00266)
(the Registrants)
Ladies and
Gentlemen:
On behalf of the Registrants, enclosed for filing, pursuant to Rule 17g-1 (the Rule) under
the Investment Company Act of 1940, as amended (the 1940 Act), are the following documents:
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1) |
A copy of the Registrants joint bond for the period June 30, 2024 through June 30, 2025, attached as
Exhibit 1; |
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2) |
A copy of the resolutions of a majority of each Registrants Board of Trustees who are not
interested persons of such Registrant approving the amount, type, form and coverage of the joint bond and the portion of the premium paid by each of the Registrants, attached as Exhibit 2; |
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3) |
A statement showing the amount of the single insured bond that each Registrant would have provided and
maintained had it not been named as an insured under a joint insured bond, attached as Exhibit 3; and |
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4) |
A copy of the agreement dated as of June 30, 2024, entered into pursuant Rule
17g-1(f), attached as Exhibit 4. |
Premiums have been paid for the period
June 30, 2024 to June 30, 2025. Please contact me at (617) 385-9536 if you have any questions.
Sincerely,
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/s/ Ryan C. Larrenaga |
Ryan C. Larrenaga |
Senior Vice President, Chief Legal |
Officer and Secretary |
Exhibit 1
ICI MUTUAL INSURANCE COMPANY,
a Risk Retention Group
1401 H St. NW
Washington, DC
20005
INVESTMENT COMPANY BLANKET BOND
ICI MUTUAL INSURANCE COMPANY,
a Risk Retention Group
1401
H St. NW
Washington, DC 20005
DECLARATIONS
NOTICE
This policy is issued by your risk retention group. Your risk retention group may not be subject to all of the insurance laws and regulations of your state.
State insurance insolvency guaranty funds are not available for your risk retention group.
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Item 1. |
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Name of Insured (the Insured) |
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Bond Number: |
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Columbia Funds Board |
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87155124B |
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Principal Office: |
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Mailing Address: |
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290 Congress Street |
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c/o Willis Towers Watson |
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Boston, MA 02210 |
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200 Liberty Street
New York, NY 10281 |
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Item 2. |
Bond Period: from 12:01 a.m. on June 30, 2024, to 12:01 a.m. on June 30,
2025, or the earlier effective date of the termination of this Bond, standard time at the Principal Office as to each of said dates. |
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Item 3. |
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Limit of Liability |
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Subject to Sections 9, 10 and 12 hereof: |
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LIMIT OF
LIABILITY |
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DEDUCTIBLE
AMOUNT |
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Insuring Agreement A- |
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FIDELITY |
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$25,000,000 |
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Not Applicable |
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Insuring Agreement B- |
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AUDIT EXPENSE |
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Not Covered |
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Not Covered |
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Insuring Agreement C- |
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ON PREMISES |
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Not Covered |
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Not Covered |
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Insuring Agreement D- |
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IN TRANSIT |
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Not Covered |
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Not Covered |
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Insuring Agreement E- |
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FORGERY OR ALTERATION |
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Not Covered |
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Not Covered |
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Insuring Agreement F- |
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SECURITIES |
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Not Covered |
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Not Covered |
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Insuring Agreement G- |
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COUNTERFEIT CURRENCY |
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Not Covered |
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Not Covered |
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Insuring Agreement H- |
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UNCOLLECTIBLE ITEMS OF DEPOSIT |
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Not Covered |
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Not Covered |
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Insuring Agreement I- |
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PHONE/ELECTRONIC TRANSACTIONS |
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Not Covered |
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Not Covered |
If Not Covered is inserted opposite any Insuring Agreement above, such Insuring Agreement and any
reference thereto shall be deemed to be deleted from this Bond.
OPTIONAL INSURING AGREEMENTS ADDED BY RIDER: Not Applicable
Item 4. |
Offices or Premises Covered--All the Insureds offices or
other premises in existence at the time this Bond becomes effective are covered under this Bond, except the offices or other premises excluded by Rider. Offices or other premises acquired or established after the effective date of this Bond are
covered subject to the terms of General Agreement A. |
Item 5. |
The liability of ICI Mutual Insurance Company, a Risk Retention Group (the Underwriter) is
subject to the terms of the following Riders attached hereto: |
Riders: 1-2-3-4-5-6-7
and of all Riders applicable to this Bond issued during the Bond Period.
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By: |
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/S/ Swenitha Nalli |
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By: |
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/S/ Cathrine Dalton |
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Authorized Representative |
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Authorized Representative |
INVESTMENT COMPANY BLANKET BOND
NOTICE
This policy is issued by
your risk retention group. Your risk retention group may not be subject to all of the insurance laws and regulations of your state. State insurance insolvency guaranty funds are not available for your risk retention group.
ICI Mutual Insurance Company, a Risk Retention Group (the Underwriter), in consideration of an agreed premium, and in reliance upon
the Application and all other information furnished to the Underwriter by the Insured, and subject to and in accordance with the Declarations, General Agreements, Provisions, Conditions and Limitations and other terms of this bond (including all
riders hereto) (Bond), to the extent of the Limit of Liability and subject to the Deductible Amount, agrees to indemnify the Insured for the loss, as described in the Insuring Agreements, sustained by the Insured at any time but
discovered during the Bond Period.
INSURING AGREEMENTS
Loss resulting directly from any Dishonest or Fraudulent Act committed by an Employee, committed anywhere and whether committed alone or in
collusion with other persons (whether or not Employees), during the time such Employee has the status of an Employee as defined herein, and even if such loss is not discovered until after he or she ceases to be an Employee; and EXCLUDING loss
covered under Insuring Agreement B.
Expense incurred by the Insured for that part of the costs of audits or examinations required by any governmental regulatory authority or
Self-Regulatory Organization to be conducted by such authority or Organization or by an independent accountant or other person, by reason of the discovery of loss sustained by the Insured and covered by this Bond.
Loss of Property resulting directly from any Mysterious Disappearance, or any Dishonest or Fraudulent Act committed by a person physically
present in an office or on the premises of the Insured at the time the Property is surrendered, while the Property is (or reasonably supposed or believed by the Insured to be) lodged or deposited within the Insureds offices or premises located
anywhere, except those offices excluded by Rider; and EXCLUDING loss covered under Insuring Agreement A.
Loss of Property resulting directly from any Mysterious Disappearance or Dishonest or Fraudulent Act while the Property is physically (not
electronically) in transit anywhere in the custody of any person authorized by an Insured to act as a messenger, except while in the mail or with a carrier for hire (other than a Security Company); and EXCLUDING loss covered under Insuring Agreement
A. Property is in transit beginning immediately upon receipt of such Property by the transporting person and ending immediately upon delivery to the designated recipient or its agent, but only while the Property is being conveyed.
Loss resulting directly from the Insured having, in good faith, paid or transferred any Property in reliance upon any Written, Original:
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(1) |
bills of exchange, checks, drafts, or other written orders or directions to pay sums certain in money,
acceptances, certificates of deposit, due bills, money orders, warrants, orders upon public treasuries, or letters of credit; or |
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(2) |
instructions, requests or applications directed to the Insured, authorizing or acknowledging the transfer,
payment, redemption, delivery or receipt of money or Property, or giving notice of any bank account (provided such instructions or requests or applications purport to have been signed or endorsed by (a) any customer of the Insured, or
(b) any shareholder of or subscriber to shares issued by any Investment Company, or (c) any financial or banking institution or stockbroker, and further provided such instructions, requests, or applications either bear the forged signature
or endorsement or have been altered without the knowledge and consent of such customer, such shareholder or subscriber to shares issued by an Investment Company, or such financial or banking institution or stockbroker); or |
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(3) |
withdrawal orders or receipts for the withdrawal of 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; |
which bear (a) a Forgery, or (b) an Alteration, but only to the extent that the Forgery or Alteration directly causes the loss.
Actual physical possession by the Insured or its authorized representative of the items listed in (1) through (3) above is a condition
precedent to the Insured having relied upon the items.
This Insuring Agreement E does not cover loss caused by Forgery or Alteration of
Securities or loss covered under Insuring Agreement A.
Loss resulting directly from the Insured, in good faith, in the ordinary course of business, and in any capacity whatsoever, whether for its
own account or for the account of others, having acquired, accepted or received, or sold or delivered, or given any value, extended any credit or assumed any liability in reliance on any Written, Original Securities, where such loss results from the
fact that such Securities prove to:
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(1) |
be Counterfeit, but only to the extent that the Counterfeit directly causes the loss, or |
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(2) |
be lost or stolen, or |
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(3) |
contain a Forgery or Alteration, but only to the extent the Forgery or Alteration directly causes the loss,
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and notwithstanding whether or not the act of the Insured causing such loss violated the constitution, by-laws, rules, or regulations of any Self-Regulatory Organization, whether or not the Insured was a member thereof.
This Insuring Agreement F does not cover loss covered under Insuring Agreement A.
Actual physical possession by the Insured or its authorized representative of the Securities is a condition precedent to the Insured having
relied upon the Securities.
Loss resulting directly from the receipt by the Insured, in good faith of any Counterfeit Currency.
This Insuring Agreement G does not cover loss covered under Insuring Agreement A.
H. |
UNCOLLECTIBLE ITEMS OF DEPOSIT |
Loss resulting directly from the payment of dividends, issuance of Fund shares or redemptions or exchanges permitted from an account with the
Fund as a consequence of
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(1) |
uncollectible Items of Deposit of a Funds customer, shareholder or subscriber credited by the Insured or
its agent to such persons Fund account, or |
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(2) |
any Item of Deposit processed through an automated clearing house which is reversed by a Funds customer,
shareholder or subscriber and is deemed uncollectible by the Insured; |
PROVIDED, that (a) Items of Deposit shall not
be deemed uncollectible until the Insureds collection procedures have failed, (b) exchanges of shares between Funds with exchange privileges shall be covered hereunder only if all such Funds are insured by the Underwriter for
uncollectible Items of Deposit, and (c) the Insured Fund shall have implemented and maintained a policy to hold Items of Deposit for the minimum number of days stated in its Application (as amended from time to time) before paying any dividend
or permitting any withdrawal with respect to such Items of Deposit (other than exchanges between Funds). Regardless of the number of transactions between Funds in an exchange program, the minimum number of days an Item of Deposit must be held shall
begin from the date the Item of Deposit was first credited to any Insured Fund.
This Insuring Agreement H does not cover loss covered
under Insuring Agreement A.
I. |
PHONE/ELECTRONIC TRANSACTIONS |
Loss resulting directly from a Phone/Electronic Transaction, where the request for such Phone/Electronic Transaction:
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(1) |
is transmitted to the Insured or its agents by voice over the telephone or by Electronic Transmission; and
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(2) |
is made by an individual purporting to be a Fund shareholder or subscriber or an authorized agent of a Fund
shareholder or subscriber; and |
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(3) |
is unauthorized or fraudulent and is made with the manifest intent to deceive; |
PROVIDED, that the entity receiving such request generally maintains and follows during the Bond Period all Phone/Electronic Transaction
Security Procedures with respect to all Phone/Electronic Transactions; and
EXCLUDING loss resulting from:
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(1) |
the failure to pay for shares attempted to be purchased; or |
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(2) |
any redemption of Investment Company shares which had been improperly credited to a shareholders account
where such shareholder (a) did not cause, directly or indirectly, such shares to be credited to such account, and (b) directly or indirectly received any proceeds or other benefit from such redemption; or |
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(3) |
any redemption of shares issued by an Investment Company where the proceeds of such redemption were requested
(i) to be paid or made payable to other than an Authorized Recipient or an Authorized Bank Account or (ii) to be sent to other than an Authorized Address; |
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(4) |
the intentional failure to adhere to one or more Phone/Electronic Transaction Security Procedures; or
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(5) |
a Phone/Electronic Transaction request transmitted by electronic mail or transmitted by any method not subject
to the Phone/Electronic Transaction Security Procedures; or |
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(6) |
the failure or circumvention of any physical or electronic protection device, including any firewall, that
imposes restrictions on the flow of electronic traffic in or out of any Computer System. |
This Insuring Agreement I does
not cover loss covered under Insuring Agreement A, Fidelity or Insuring Agreement J, Computer Security.
GENERAL
AGREEMENTS
A. |
ADDITIONAL OFFICES OR EMPLOYEESCONSOLIDATION OR MERGERNOTICE |
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1. |
Except as provided in paragraph 2 below, this Bond shall apply to any additional office(s) established by the
Insured during the Bond Period and to all Employees during the Bond Period, without the need to give notice thereof or pay additional premiums to the Underwriter for the Bond Period. |
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2. |
If during the Bond Period an Insured Investment Company shall merge or consolidate with an institution in which
such Insured is the surviving entity, or purchase substantially all the assets or capital stock of another institution, or acquire or create a separate investment portfolio, and shall within sixty (60) days notify the Underwriter thereof, then
this Bond shall automatically apply to the Property and Employees resulting from such merger, consolidation, acquisition or creation from the date thereof; provided, that the Underwriter may make such coverage contingent upon the payment of an
additional premium. |
No statement made by or on behalf of the Insured, whether contained in the Application or otherwise, shall be deemed to be an absolute
warranty, but only a warranty that such statement is true to the best of the knowledge of the person responsible for such statement.
C. |
COURT COSTS AND ATTORNEYS FEES |
The Underwriter will indemnify the Insured against court costs and reasonable attorneys fees incurred and paid by the Insured in defense
of any legal proceeding brought against the Insured seeking recovery for any loss which, if established against the Insured, would constitute a loss 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:
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1. |
an Employee admits to having committed or is adjudicated to have committed a Dishonest or Fraudulent Act which
caused the loss; or |
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2. |
in the absence of such an admission or adjudication, an arbitrator or arbitrators acceptable to the Insured and
the Underwriter concludes, after a review of an agreed statement of facts, that an Employee has committed a Dishonest or Fraudulent Act which caused the loss. |
The Insured shall promptly give notice to the Underwriter of any such legal proceeding and upon request shall furnish the Underwriter with
copies of all pleadings and other papers therein. At the Underwriters election the Insured shall permit the Underwriter to conduct the defense of such legal proceeding in the Insureds name, through attorneys of the Underwriters
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 legal proceeding.
If the amount of the Insureds liability or alleged liability in any such legal proceeding is greater than the amount which the Insured
would be entitled to recover under this Bond (other than pursuant to this General Agreement C), or if a Deductible Amount is applicable, or both, the indemnity liability of the Underwriter under this General Agreement C is limited to the proportion
of court costs and attorneys fees incurred and paid by the Insured or by the Underwriter that the amount which the Insured would be entitled to recover under this Bond (other than pursuant to this General Agreement C) bears to the sum of such
amount plus the amount which the Insured is not entitled to recover. Such indemnity shall be in addition to the Limit of Liability for the applicable Insuring Agreement.
This Bond shall be interpreted with due regard to the purpose of fidelity bonding under Rule 17g-1
under the Investment Company Act of 1940 (i.e., to protect innocent third parties from harm) and to the structure of the investment management industry (in which a loss of Property resulting from a cause described in any Insuring Agreement
ordinarily gives rise to a potential legal liability on the part of the Insured), such that the term loss as used herein shall include an Insureds legal liability for direct compensatory damages resulting directly from a
misappropriation, or measurable diminution in value, of Property.
THIS BOND, INCLUDING THE FOREGOING INSURING AGREEMENTS
AND GENERAL AGREEMENTS, IS SUBJECT TO THE FOLLOWING
PROVISIONS, CONDITIONS AND LIMITATIONS:
SECTION 1. DEFINITIONS
The following terms used in this
Bond shall have the meanings stated in this Section:
A. |
Alteration means the marking, changing or altering in a material way of the terms, meaning
or legal effect of a document with the intent to deceive. |
B. |
Application means the Insureds application (and any attachments and materials
submitted in connection therewith) furnished to the Underwriter for this Bond. |
C. |
Authorized Address means (1) any Officially Designated address to which redemption
proceeds may be sent, (2) any address designated in writing (not to include Electronic Transmission) by the Shareholder of Record and received by the Insured at least one (1) day prior to the effective date of such designation, or
(3) any address designated by voice over the telephone or by Electronic Transmission by the Shareholder of Record at least 15 days prior to the effective date of such designation. |
D. |
Authorized Bank Account means any Officially Designated bank account to which redemption
proceeds may be sent. |
E. |
Authorized Recipient means (1) the Shareholder of Record, or (2) any other
Officially Designated person to whom redemption proceeds may be sent. |
F. |
Computer System means (1) computers with related peripheral components, including
storage components, (2) systems and applications software, (3) terminal devices, (4) related communications networks or customer communication systems, and (5) related electronic funds transfer systems; by which data or monies
are electronically collected, transmitted, processed, stored or retrieved. |
G. |
Convertible Virtual Currency means Digital Assets that have an equivalent value in real
currency, or that act as a substitute for real currency, including, without limitation, stablecoins and other cryptocurrency. |
H. |
Counterfeit means a Written imitation of an actual valid Original which is intended to
deceive and to be taken as the Original. |
I. |
Currency means a medium of exchange in current use authorized or adopted by a domestic or
foreign government as part of its official currency. |
J. |
Deductible Amount means, with respect to any Insuring Agreement, the amount set forth under
the heading Deductible Amount in Item 3 of the Declarations or in any Rider for such Insuring Agreement, applicable to each Single Loss covered by such Insuring Agreement. |
K. |
Depository means any securities depository (other than any foreign securities
depository) in which an Investment Company may deposit its Securities in accordance with Rule 17f-4 under the Investment Company Act of 1940. |
L. |
Digital Assets mean any digital representations of value which are recorded on
cryptographically secured distributed ledgers or any similar technology, including, without limitation, Convertible Virtual Currency and Non-Fungible Tokens. |
M. |
Dishonest or Fraudulent Act means any dishonest or fraudulent act, including larceny
and embezzlement as defined in Section 37 of the Investment Company Act of 1940, committed with the conscious manifest intent (1) to cause the Insured to sustain a loss and (2) to obtain an improper financial benefit for the
perpetrator or any other person or entity. A Dishonest or Fraudulent Act does not mean or include a reckless act, a negligent act, or a grossly negligent act. As used in this definition, improper financial benefit does not include any
employee benefits received in the course of employment, including salaries, commissions, fees, bonuses, promotions, awards, profit sharing or pensions. |
N. |
Electronic Transmission means any transmission effected by electronic means, including but
not limited to a transmission effected by telephone tones, Telefacsimile, wireless device, or over the Internet. |
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(1) |
each officer, director, trustee, partner or employee of the Insured, and |
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(2) |
each officer, director, trustee, partner or employee of any predecessor of the Insured whose principal assets
are acquired by the Insured by consolidation or merger with, or purchase of assets or capital stock of, such predecessor, and |
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(3) |
each attorney performing legal services for the Insured and each employee of such attorney or of the law firm
of such attorney while performing services for the Insured, and |
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(4) |
each student who is an authorized intern of the Insured, while in any of the Insureds offices, and
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(5) |
each officer, director, trustee, partner or employee of |
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(a) |
an investment adviser, |
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(b) |
an underwriter (distributor), |
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(c) |
a transfer agent or shareholder accounting recordkeeper, or |
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(d) |
an administrator authorized by written agreement to keep financial and/or other required records,
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for an Investment Company named as an Insured, BUT ONLY while (i) such officer, partner or employee is performing
acts coming within the scope of the usual duties of an officer or employee of an Insured, or (ii) such officer, director, trustee, partner or employee is 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, or (iii) such director or trustee (or anyone acting in a similar capacity) is acting outside the scope of the usual duties of a director or trustee; PROVIDED, that the term
Employee shall not include any officer, director, trustee, partner or employee of a transfer agent, shareholder accounting recordkeeper or administrator (x) which is not an affiliated person (as defined in
Section 2(a) of the Investment Company Act of 1940) of an Investment Company named as an Insured or of the adviser or underwriter of such Investment Company, or (y) which is a Bank (as defined in Section 2(a) of the Investment
Company Act of 1940), and
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(6) |
each individual assigned, by contract or by any agency furnishing temporary personnel, in either case on a
contingent or part-time basis, to perform the usual duties of an employee in any office of the Insured, and |
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(7) |
each individual assigned to perform the usual duties of an employee or officer of any entity 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 a processor which acts as transfer agent or in any other agency capacity for the Insured in
issuing checks, drafts or securities, unless included under subsection (5) hereof, and |
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(8) |
each officer, partner or employee of |
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(a) |
any Depository or Exchange, |
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(b) |
any nominee in whose name is registered any Security included in the systems for the central handling of
securities established and maintained by any Depository, and |
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(c) |
any recognized service company which provides clerks or other personnel to any Depository or Exchange on a
contract basis, |
while such officer, partner or employee is performing services for any Depository in the operation of
systems for the central handling of securities, and
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(9) |
in the case of an Insured which is an employee benefit plan (as defined in Section 3 of the
Employee Retirement Income Security Act of 1974 (ERISA)) for officers, directors or employees of another Insured (In-House Plan), any fiduciary or other plan
official (within the meaning of Section 412 of ERISA) of such In-House Plan, provided that such fiduciary or other plan official is a director, partner, officer, trustee or employee of an Insured
(other than an In-House Plan). |
Each employer of temporary personnel and each
entity referred to in subsections (6) and (7) and their respective partners, officers and employees shall collectively be deemed to be one person for all the purposes of this Bond.
Brokers, agents, independent contractors, or representatives of the same general character shall not be considered Employees, except as
provided in subsections (3), (6), and (7).
P. |
Exchange means any national securities exchange registered under the Securities Exchange Act
of 1934. |
Q. |
Forgery means the physical signing on a document of the name of another person with the
intent to deceive. A Forgery may be by means of mechanically reproduced facsimile signatures as well as handwritten signatures. Forgery does not include the signing of an individuals own name, regardless of such individuals authority,
capacity or purpose. |
R. |
Items of Deposit means one or more checks or drafts. |
S. |
Investment Company or Fund means an investment company registered under
the Investment Company Act of 1940. |
T. |
Limit of Liability means, with respect to any Insuring Agreement, the limit of liability of
the Underwriter for any Single Loss covered by such Insuring Agreement as set forth under the heading Limit of Liability in Item 3 of the Declarations or in any Rider for such Insuring Agreement. |
U. |
Mysterious Disappearance means any disappearance of Property which, after a reasonable
investigation has been conducted, cannot be explained. |
V. |
Non-Fund means any corporation, business trust,
partnership, trust or other entity which is not an Investment Company. |
W. |
Non-Fungible Tokens mean Digital Assets that are
unique digital identifiers that are recorded on cryptographically secured distributed ledgers or any similar technology, and that are used to certify authenticity and/or ownership of unique assets that cannot be traded, divided, or exchanged at
equivalency. |
X. |
Officially Designated means designated by the Shareholder of Record: |
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(1) |
in the initial account application, |
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(2) |
in writing accompanied by a signature guarantee, or |
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(3) |
in writing or by Electronic Transmission, where such designation is verified via a callback to the Shareholder
of Record by the Insured at a predetermined telephone number provided by the Shareholder of Record to the Insured in writing at least 30 days prior to such callback. |
Y. |
Original means the first rendering or archetype and does not include photocopies or
electronic transmissions even if received and printed. |
Z. |
Phone/Electronic Transaction means any (1) redemption of shares issued by an Investment
Company, (2) election concerning dividend options available to Fund shareholders, (3) exchange of shares in a registered account of one Fund into shares in an identically registered account of another Fund in the same complex pursuant to
exchange privileges of the two Funds, or (4) purchase of shares issued by an Investment Company, which redemption, election, exchange or purchase is requested by voice over the telephone or through an Electronic Transmission.
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AA. |
Phone/Electronic Transaction Security Procedures means security procedures for Phone/
Electronic Transactions as set forth in the Application and/or as otherwise provided in writing to the Underwriter. |
BB. |
Property means the following tangible items: money, postage and revenue stamps, precious
metals, Securities, bills of exchange, acceptances, checks, drafts, or other written orders or directions to pay sums certain in money, certificates of deposit, due bills, money orders, letters of credit, financial futures contracts, conditional
sales contracts, abstracts of title, insurance policies, deeds, mortgages, and assignments of any of the foregoing, 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 (but excluding all data processing records), (1) in which the Insured has a legally cognizable interest, (2) in which the Insured acquired or should have acquired such an interest
by reason of a predecessors declared financial condition at the time of the Insureds consolidation or merger with, or purchase of the principal assets of, such predecessor or (3) which are held by the Insured for any purpose or in
any capacity. |
CC. |
Securities means original negotiable or
non-negotiable agreements or instruments which represent an equitable or legal interest, ownership or debt (including stock certificates, bonds, promissory notes, and assignments thereof), which are in the
ordinary course of business transferable by physical delivery with appropriate endorsement or assignment. Securities does not include bills of exchange, acceptances, certificates of deposit, checks, drafts, or other written orders or
directions to pay sums certain in money, due bills, money orders, or letters of credit. |
DD. |
Security Company means an entity which provides or purports to provide the transport of
Property by secure means, including, without limitation, by use of armored vehicles or guards. |
EE. |
Self-Regulatory Organization means any association of investment advisers or securities
dealers registered under the federal securities laws, or any Exchange. |
FF. |
Shareholder of Record means the record owner of shares issued by an Investment Company or,
in the case of joint ownership of such shares, all record owners, as designated (1) in the initial account application, or (2) in writing accompanied by a signature guarantee, or (3) pursuant to procedures as set forth in the
Application and/or as otherwise provided in writing to the Underwriter. |
|
(1) |
all loss caused by any one act (other than a Dishonest or Fraudulent Act) committed by one person, or
|
|
(2) |
all loss caused by Dishonest or Fraudulent Acts committed by one person, or |
|
(3) |
all expenses incurred with respect to any one audit or examination, or |
|
(4) |
all loss caused by any one occurrence or event other than those specified in subsections (1) through
(3) above. |
All acts or omissions of one or more persons which directly or indirectly aid or, by failure to report
or otherwise, permit the continuation of an act referred to in subsections (1) and (2) above of any other person shall be deemed to be the acts of such other person for purposes of this subsection.
All acts or occurrences or events which have as a common nexus any fact, circumstance, situation, transaction or series of facts,
circumstances, situations, or transactions shall be deemed to be one act, one occurrence, or one event.
HH. |
Telefacsimile means a system of transmitting and reproducing fixed graphic material (as, for
example, printing) by means of signals transmitted over telephone lines or over the Internet. |
II. |
Written means expressed through letters or marks placed upon paper and visible to the eye.
|
SECTION 2. EXCLUSIONS
THIS BOND
DOES NOT COVER:
A. |
Loss resulting from (1) riot or civil commotion outside the United States of America and Canada, or
(2) war, revolution, insurrection, action by armed forces, or usurped power, wherever occurring; except if such loss occurs while the Property is in transit, is otherwise covered under Insuring Agreement D, and when such transit was initiated,
the Insured or any person initiating such transit on the Insureds behalf had no knowledge of such riot, civil commotion, war, revolution, insurrection, action by armed forces, or usurped power. |
B. |
Loss in time of peace or war resulting from nuclear fission or fusion or radioactivity, or biological or
chemical agents or hazards, or fire, smoke, or explosion, or the effects of any of the foregoing. |
C. |
Loss resulting from any Dishonest or Fraudulent Act committed by any person while acting in the capacity of a
member of the Board of Directors or any equivalent body of the Insured or of any other entity. |
D. |
Loss resulting from any nonpayment or other default of any loan or similar transaction made by the Insured or
any of its partners, directors, officers or employees, whether or not authorized and whether procured in good faith or through a Dishonest or Fraudulent Act, unless such loss is otherwise covered under Insuring Agreement A, E, or F.
|
E. |
Loss resulting from any violation by the Insured or by any Employee of any law, or any rule or regulation
pursuant thereto or adopted by a Self-Regulatory Organization, regulating the issuance, purchase or sale of securities, securities transactions upon security exchanges or over the counter markets, Investment Companies, or investment advisers, unless
such loss, in the absence of such law, rule or regulation, would be covered under Insuring Agreement A, E, or F. |
F. |
Loss resulting from Property that is the object of a Dishonest or Fraudulent Act or Mysterious Disappearance
while in the custody of any Security Company, unless such loss is covered under this Bond and is in excess of the amount recovered or received by the Insured under (1) the Insureds contract with such Security Company, and
(2) insurance or indemnity of any kind carried by such Security Company for the benefit of, or otherwise available to, users of its service, in which case this Bond shall cover only such excess, subject to the applicable Limit of Liability and
Deductible Amount. |
G. |
Potential income, including but not limited to interest and dividends, not realized by the Insured because of a
loss covered under this Bond, except when covered under Insuring Agreement H. |
H. |
Loss in the form of (1) damages of any type for which the Insured is legally liable, except direct
compensatory damages, or (2) taxes, fines, or penalties, including without limitation two-thirds of treble damage awards pursuant to judgments under any statute or regulation. |
I. |
Loss resulting from the surrender of Property away from an office of the Insured as a result of kidnap, ransom,
or extortion, or a threat |
|
(1) |
to do bodily harm to any person, except where the Property is in transit in the custody of any person acting as
messenger as a result of a threat to do bodily harm to such person, if the Insured had no knowledge of such threat at the time such transit was initiated, or |
|
(2) |
to do damage to the premises or Property of the Insured, |
|
unless |
such loss is otherwise covered under Insuring Agreement A. |
J. |
All costs, fees, and other expenses incurred by the Insured in establishing the existence of or amount of loss
covered under this Bond, except to the extent certain audit expenses are covered under Insuring Agreement B. |
K. |
Loss resulting from payments made to or withdrawals from any account, involving funds erroneously credited to
such account, unless such loss is otherwise covered under Insuring Agreement A. |
L. |
Loss resulting from uncollectible Items of Deposit which are drawn upon a financial institution outside the
United States of America, its territories and possessions, or Canada. |
M. |
Loss resulting from the Dishonest or Fraudulent Acts or other acts or omissions of an Employee primarily
engaged in the sale of shares issued by an Investment Company to persons other than (1) a person registered as a broker under the Securities Exchange Act of 1934 or (2) an accredited investor as defined in Rule 501(a) of
Regulation D under the Securities Act of 1933, which is not an individual. |
N. |
Loss resulting from the use of credit, debit, charge, access, convenience, identification, cash management or
other cards, whether such cards were issued or purport to have been issued by the Insured or by anyone else, unless such loss is otherwise covered under Insuring Agreement A. |
O. |
Loss resulting from any purchase, redemption or exchange of securities issued by an Investment Company or other
Insured, or any other instruction, request, acknowledgement, notice or transaction involving securities issued by an Investment Company or other Insured or the dividends in respect thereof, when any of the foregoing is requested, authorized or
directed or purported to be requested, authorized or directed by voice over the telephone or by Electronic Transmission, unless such loss is otherwise covered under Insuring Agreement A or Insuring Agreement I. |
P. |
Loss resulting from any Dishonest or Fraudulent Act or committed by an Employee as defined in
Section 1.O(2), unless such loss (1) could not have been reasonably discovered by the due diligence of the Insured at or prior to the time of acquisition by the Insured of the assets acquired from a predecessor, and (2) arose out of a
lawsuit or valid claim brought against the Insured by a person unaffiliated with the Insured or with any person affiliated with the Insured. |
Q. |
Loss resulting from the unauthorized entry of data into, or the deletion or destruction of data in, or the
change of data elements or programs within, any Computer System, unless such loss is otherwise covered under Insuring Agreement A. |
R. |
Loss resulting from the theft, disappearance, destruction, disclosure, or unauthorized use of confidential or
personal information (including, but not limited to, trade secrets, personal shareholder or client information, shareholder or client lists, personally identifiable financial or medical information, intellectual property, or any other type of non-public information), whether such information is owned by the Insured or held by the Insured in any capacity (including concurrently with another person); provided, however, this exclusion shall not apply to
loss arising out of the use of such information to support or facilitate the commission of an act otherwise covered by this Bond. |
S. |
All costs, fees, and other expenses arising from a data security breach or incident, including, but not limited
to, forensic audit expenses, fines, penalties, expenses to comply with federal and state laws and expenses related to notifying affected individuals. |
T. |
Loss resulting from vandalism or malicious mischief. |
U. |
Loss resulting from the theft, disappearance, or destruction of Digital Assets or from the change in value of
Digital Assets, unless such loss (1) is sustained by any investment company registered under the Investment Company Act of 1940 that is named as an Insured and (2) is otherwise covered under Insuring Agreement A. |
SECTION 3. ASSIGNMENT OF RIGHTS
Upon payment to the Insured hereunder for any loss, the Underwriter shall be subrogated to the extent of such payment to all of the
Insureds rights and claims in connection with such loss; provided, however, that the Underwriter shall not be subrogated to any such rights or claims one named Insured under this Bond may have against another named Insured under this Bond. At
the request of the Underwriter, the Insured shall execute all assignments or other documents and take such action as the Underwriter may deem necessary or desirable to secure and perfect such rights and claims, including the execution of documents
necessary to enable the Underwriter to bring suit in the name of the Insured.
Assignment of any rights or claims under this Bond shall not
bind the Underwriter without the Underwriters written consent.
SECTION 4. LOSSNOTICEPROOFLEGAL PROCEEDINGS
This Bond is for the use and benefit only of the Insured and the Underwriter shall not be liable hereunder to anyone other than the Insured. As
soon as practicable and not more than sixty (60) days after discovery of any loss covered hereunder, the Insured shall give the Underwriter written notice thereof and, as soon as practicable and within one year after such discovery, shall also
furnish to the Underwriter affirmative proof of loss with full particulars. The Underwriter may extend the sixty-day notice period or the one-year proof of loss period
if the Insured requests an extension and shows good cause therefor.
The Insured shall provide the Underwriter with such information,
assistance, and cooperation as the Underwriter may reasonably request.
See also General Agreement C (Court Costs and Attorneys
Fees).
The Underwriter shall not be liable hereunder for loss of Securities unless each of the Securities is identified in such proof of
loss by a certificate or bond number or by such identification means as the Underwriter may require. The Underwriter shall have a reasonable period after receipt of a proper affirmative proof of loss within which to investigate the claim, but where
the Property is Securities and the loss is clear and undisputed, settlement shall be made within forty-eight (48) hours even if the loss involves Securities of which duplicates may be obtained.
The Insured shall not bring legal proceedings against the Underwriter to recover any loss hereunder prior to sixty (60) days after filing
such proof of loss or subsequent to twenty-four (24) months after the discovery of such loss or, in the case of a legal proceeding to recover hereunder on account of any judgment against the Insured in or settlement of any suit mentioned in
General Agreement C or to recover court costs or attorneys fees paid in any such suit, twenty-four (24) months after the date of the final judgment in or settlement of such suit. If any limitation in this Bond is prohibited by any
applicable law, such limitation shall be deemed to be amended to be equal to the minimum period of limitation permitted by such law.
Notice hereunder shall be given to Manager, Professional Liability Claims, ICI Mutual Insurance Company, RRG, 1401 H St. NW, Washington, DC
20005, with an electronic copy to LegalSupport@icimutual.com.
SECTION 5. DISCOVERY
For all purposes under this Bond, a loss is discovered, and discovery of a loss occurs, when the Insured
|
(1) |
becomes aware of facts, or |
|
(2) |
receives notice of an actual or potential claim by a third party which alleges that the Insured is liable under
circumstances, |
which would cause a reasonable person to assume that a loss of a type covered by this Bond has been or is
likely to be incurred, regardless of when the act or acts causing or contributing to such loss occurred, even though the exact amount or details of the loss may not be known.
SECTION 6. VALUATION OF PROPERTY
For the
purpose of determining the amount of any loss hereunder, the value of any Property shall be the market value of such Property at the close of business on the first business day before the discovery of such loss; except that
|
(1) |
the value of any Property replaced by the Insured prior to the payment of a claim therefor shall be the actual
market value of such Property at the time of replacement, but not in excess of the market value of such Property on the first business day before the discovery of the loss of such Property; |
|
(2) |
the value of Securities which must be produced to exercise subscription, conversion, redemption or deposit
privileges shall be the market value of such privileges immediately preceding the expiration thereof if the loss of such Securities is not discovered until after such expiration, but if there is no quoted or other ascertainable market price for such
Property or privileges referred to in clauses (1) and (2), their value shall be fixed by agreement between the parties or by arbitration before an arbitrator or arbitrators acceptable to the parties; and |
|
(3) |
the value of books of accounts or other records used by the Insured in the conduct of its business shall be
limited to the actual cost of blank books, blank pages or other materials if the books or records are reproduced plus the cost of labor for the transcription or copying of data furnished by the Insured for reproduction. |
SECTION 7. LOST SECURITIES
The maximum
liability of the Underwriter hereunder for lost Securities shall be the payment for, or replacement of, such Securities having an aggregate value not to exceed the applicable Limit of Liability. If the Underwriter shall make payment to the Insured
for any loss of Securities, the Insured shall assign to the Underwriter all of the Insureds right, title and interest in and to such Securities. In lieu of such payment, the Underwriter may, at its option, replace such lost Securities, and in
such case the Insured shall cooperate to effect such replacement. To effect the replacement of lost Securities, the Underwriter may issue or arrange for the issuance of a lost instrument bond. If the value of such Securities does not exceed the
applicable Deductible Amount (at the time of the discovery of the loss), the Insured will pay the usual premium charged for the lost instrument bond and will indemnify the issuer of such bond against all loss and expense that it may sustain because
of the issuance of such bond.
If the value of such Securities exceeds the applicable Deductible Amount (at the time of
discovery of the loss), the Insured will pay a proportion of the usual premium charged for the lost instrument bond, equal to the percentage that the applicable Deductible Amount bears to the value of such Securities upon discovery of the loss, and
will indemnify the issuer of such bond against all loss and expense that is not recovered from the Underwriter under the terms and conditions of this Bond, subject to the applicable Limit of Liability.
SECTION 8. SALVAGE
If any recovery is
made, whether by the Insured or the Underwriter, on account of any loss within the applicable Limit of Liability hereunder, the Underwriter shall be entitled to the full amount of such recovery to reimburse the Underwriter for all amounts paid
hereunder with respect to such loss. If any recovery is made, whether by the Insured or the Underwriter, on account of any loss in excess of the applicable Limit of Liability hereunder plus the Deductible Amount applicable to such loss from any
source other than suretyship, insurance, reinsurance, security or indemnity taken by or for the benefit of the Underwriter, the amount of such recovery, net of the actual costs and expenses of recovery, shall be applied to reimburse the Insured in
full for the portion of such loss in excess of such Limit of Liability, and the remainder, if any, shall be paid first to reimburse the Underwriter for all amounts paid hereunder with respect to such loss and then to the Insured to the extent of the
portion of such loss within the Deductible Amount. The Insured shall execute all documents which the Underwriter deems necessary or desirable to secure to the Underwriter the rights provided for herein.
SECTION 9. NON-REDUCTION AND NON-ACCUMULATION OF LIABILITY AND TOTAL
LIABILITY
Prior to its termination, this Bond shall continue in force up to the Limit of Liability for each Insuring Agreement for
each Single Loss, notwithstanding any previous loss (other than such Single Loss) for which the Underwriter may have paid or be liable to pay hereunder; PROVIDED, however, that regardless of the number of years this Bond shall continue in force and
the number of premiums which shall be payable or paid, the liability of the Underwriter under this Bond with respect to any Single Loss shall be limited to the applicable Limit of Liability irrespective of the total amount of such Single Loss and
shall not be cumulative in amounts from year to year or from period to period.
SECTION 10. MAXIMUM LIABILITY OF UNDERWRITER; OTHER BONDS OR POLICIES
The maximum liability of the Underwriter for any Single Loss covered by any Insuring Agreement under this Bond shall be the Limit of
Liability applicable to such Insuring Agreement, subject to the applicable Deductible Amount and the other provisions of this Bond. Recovery for any Single Loss may not be made under more than one Insuring Agreement. If any Single Loss covered under
this Bond is recoverable or recovered in whole or in part because of an unexpired discovery period under any other bonds or policies issued by the Underwriter to the Insured or to any predecessor in interest of the Insured, the maximum liability of
the Underwriter shall be the greater of either (1) the applicable Limit of Liability under this Bond, or (2) the maximum liability of the Underwriter under such other bonds or policies.
SECTION 11. OTHER INSURANCE
Notwithstanding anything to the contrary herein, if any loss covered by this Bond shall also be covered by other insurance or suretyship for
the benefit of the Insured, the Underwriter shall be liable hereunder only for the portion of such loss in excess of the amount recoverable under such other insurance or suretyship, but not exceeding the applicable Limit of Liability of this Bond.
SECTION 12. DEDUCTIBLE AMOUNT
The Underwriter shall not be liable under any Insuring Agreement unless the amount of the loss covered thereunder, after deducting the net
amount of all reimbursement and/or recovery received by the Insured with respect to such loss (other than from any other bond, suretyship or insurance policy or as an advance by the Underwriter hereunder) shall exceed the applicable Deductible
Amount; in such case the Underwriter shall be liable only for such excess, subject to the applicable Limit of Liability and the other terms of this Bond.
No Deductible Amount shall apply to any loss covered under Insuring Agreement A sustained by any Investment Company named as an Insured.
SECTION 13. TERMINATION
The Underwriter
may terminate this Bond as to any Insured or all Insureds only by written notice to such Insured or Insureds and, if this Bond is terminated as to any Investment Company, to each such Investment Company terminated thereby and to the Securities and
Exchange Commission, Washington, D.C., in all cases not less than sixty (60) days prior to the effective date of termination specified in such notice.
The Insured may terminate this Bond only by written notice to the Underwriter not less than sixty (60) days prior to the effective date of
the termination specified in such notice. Notwithstanding the foregoing, when the Insured terminates this Bond as to any Investment Company, the effective date of termination shall be not less than sixty (60) days from the date the Underwriter
provides written notice of the termination to each such Investment Company terminated thereby and to the Securities and Exchange Commission, Washington, D.C.
This Bond will terminate as to any Insured that is a Non-Fund immediately and without notice upon (1)
the takeover of such Insureds business by any State or Federal official or agency, or by any receiver or liquidator, or (2) the filing of a petition under any State or Federal statute relative to bankruptcy or reorganization of the
Insured, or assignment for the benefit of creditors of the Insured.
Premiums are earned until the effective date of termination. The
Underwriter shall refund the unearned premium computed at short rates in accordance with the Underwriters standard short rate cancellation tables if this Bond is terminated by the Insured or pro rata if this Bond is terminated by the
Underwriter.
Upon the detection by any Insured that an Employee has committed any Dishonest or Fraudulent Act(s), the Insured shall
immediately remove such Employee from a position that may enable such Employee to cause the Insured to suffer a loss by any subsequent Dishonest or Fraudulent Act(s). The Insured, within two (2) business days of such detection, shall notify the
Underwriter with full and complete particulars of the detected Dishonest or Fraudulent Act(s).
For purposes of this section, detection
occurs when any partner, officer, or supervisory employee of any Insured, who is not in collusion with such Employee, becomes aware that the Employee has committed any Dishonest or Fraudulent Act(s).
This Bond shall terminate as to any Employee by written notice from the Underwriter to each Insured and, if such Employee is an Employee of an
Insured Investment Company, to the Securities and Exchange Commission, in all cases not less than sixty (60) days prior to the effective date of termination specified in such notice.
SECTION 14. RIGHTS AFTER TERMINATION
At any time prior to the effective date of termination of this Bond as to any Insured, such Insured may, by written notice to the Underwriter,
elect to purchase the right under this Bond to an additional period of twelve (12) months within which to discover loss sustained by such Insured prior to the effective date of such termination and shall pay an additional premium therefor as
the Underwriter may require.
Such additional discovery period shall terminate immediately and without notice upon the takeover of such
Insureds business by any State or Federal official or agency, or by any receiver or liquidator. Promptly after such termination the Underwriter shall refund to the Insured any unearned premium.
The right to purchase such additional discovery period may not be exercised by any State or Federal official or agency, or by any receiver or
liquidator, acting or appointed to take over the Insureds business.
SECTION 15. CENTRAL HANDLING OF SECURITIES
The Underwriter shall not be liable for loss in connection with the central handling of securities within the systems established and
maintained by any Depository (Systems), unless the amount of such loss exceeds the amount recoverable or recovered under any bond or policy or participants fund insuring the Depository against such loss (the Depositorys
Recovery); in such case the Underwriter shall be liable hereunder only for the Insureds share of such excess loss, subject to the applicable Limit of Liability, the Deductible Amount and the other terms of this Bond.
For determining the Insureds share of such excess loss, (1) the Insured shall be deemed to have an interest in any certificate
representing any security included within the Systems equivalent to the interest the Insured then has in all certificates representing the same security included within the Systems; (2) the Depository shall have reasonably and fairly
apportioned the Depositorys Recovery among all those having an interest as recorded by appropriate entries in the books and records of the Depository in Property involved in such loss, so that each such interest shall share in the
Depositorys Recovery in the ratio that the value of each such interest bears to the total value of all such interests; and (3) the Insureds share of such excess loss shall be the amount of the Insureds interest in such
Property in excess of the amount(s) so apportioned to the Insured by the Depository.
This Bond does not afford coverage in favor of any
Depository or Exchange or any nominee in whose name is registered any security included within the Systems.
SECTION 16. ADDITIONAL COMPANIES INCLUDED
AS INSURED
If more than one entity is named as the Insured:
|
A. |
the total liability of the Underwriter hereunder for each Single Loss shall not exceed the Limit of Liability
which would be applicable if there were only one named Insured, regardless of the number of Insured entities which sustain loss as a result of such Single Loss, |
|
B. |
the Insured first named in Item 1 of the Declarations shall be deemed authorized to make, adjust, and settle,
and receive and enforce payment of, all claims hereunder as the agent of each other Insured for such purposes and for the giving or receiving of any notice required or permitted to be given hereunder; provided, that the Underwriter shall promptly
furnish each named Insured Investment Company with (1) a copy of this Bond and any amendments thereto, (2) a copy of each formal filing of a claim hereunder by any other Insured, and (3) notification of the terms of the settlement of
each such claim prior to the execution of such settlement, |
|
C. |
the Underwriter shall not be responsible or have any liability for the proper application by the Insured first
named in Item 1 of the Declarations of any payment made hereunder to the first named Insured, |
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D. |
for the purposes of Sections 4 and 13, knowledge possessed or discovery made by any partner, officer or
supervisory Employee of any Insured shall constitute knowledge or discovery by every named Insured, |
|
E. |
if the first named Insured ceases for any reason to be covered under this Bond, then the Insured next named
shall thereafter be considered as the first named Insured for the purposes of this Bond, and |
|
F. |
each named Insured shall constitute the Insured for all purposes of this Bond.
|
SECTION 17. NOTICE AND CHANGE OF CONTROL
Within thirty (30) days after learning that there has been a change in control of an Insured by transfer of its outstanding voting
securities the Insured shall give written notice to the Underwriter of:
|
A. |
the names of the transferors and transferees (or the names of the beneficial owners if the voting securities
are registered in another name), and |
|
B. |
the total number of voting securities owned by the transferors and the transferees (or the beneficial owners),
both immediately before and after the transfer, and |
|
C. |
the total number of outstanding voting securities. |
As used in this Section, control means the power to exercise a controlling influence over the management or policies of the
Insured.
SECTION 18. CHANGE OR MODIFICATION
This Bond may only be modified by written Rider forming a part hereof over the signature of the Underwriters authorized representative.
Any Rider which modifies the coverage provided by Insuring Agreement A, Fidelity, in a manner which adversely affects the rights of an Insured Investment Company shall not become effective until at least sixty (60) days after the Underwriter
has given written notice thereof to the Securities and Exchange Commission, Washington, D.C., and to each Insured Investment Company affected thereby.
SECTION 19. COMPLIANCE WITH APPLICABLE TRADE AND ECONOMIC SANCTIONS
This Bond shall not be deemed to provide any coverage, and the Underwriter shall not be required to pay any loss or provide any benefit
hereunder, to the extent that the provision of such coverage, payment of such loss or provision of such benefit would cause the Underwriter to be in violation of any applicable trade or economic sanctions, laws or regulations, including, but not
limited to, any sanctions, laws or regulations administered and enforced by the U.S. Department of Treasury Office of Foreign Assets Control (OFAC).
SECTION 20. ANTI-BUNDLING
If any Insuring Agreement requires that an enumerated type of document be Counterfeit, or contain a Forgery or Alteration, the Counterfeit,
Forgery, or Alteration must be on or of the enumerated document itself, not on or of some other document submitted with, accompanying or incorporated by reference into the enumerated document.
IN WITNESS WHEREOF, the Underwriter has caused this Bond to be executed on the Declarations Page.
ICI MUTUAL INSURANCE COMPANY,
a Risk Retention Group
INVESTMENT COMPANY BLANKET BOND
RIDER NO. 1
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INSURED |
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BOND NUMBER |
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Columbia Funds Board |
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87155124B |
EFFECTIVE DATE |
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BOND PERIOD |
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AUTHORIZED REPRESENTATIVE |
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June 30, 2024 |
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June 30, 2024 to June 30, 2025 |
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/S/ Catherine Dalton |
In consideration of the premium charged for this Bond, it is hereby understood and agreed that Item 1 of the Declarations,
Name of Insured, shall include the following:
Columbia Funds Series Trust
Columbia Funds Series Trust I
Columbia Funds Series Trust II
Columbia Funds Variable Insurance Trust
Columbia Funds Variable Series Trust II
Columbia ETF Trust I
Columbia
ETF Trust II
Columbia Seligman Premium Technology Growth Fund, Inc.
Tri-Continental Corporation
Except as above stated, nothing herein shall be held to alter, waive or extend any of the terms of this Bond.
ICI MUTUAL INSURANCE COMPANY,
a Risk Retention Group
INVESTMENT COMPANY BLANKET BOND
RIDER NO. 2
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INSURED |
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BOND NUMBER |
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Columbia Funds Board |
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87155124B |
EFFECTIVE DATE |
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BOND PERIOD |
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AUTHORIZED REPRESENTATIVE |
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June 30, 2024 |
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June 30, 2024 to June 30, 2025 |
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/S/ Catherine Dalton |
In consideration of the premium charged for this Bond, it is hereby understood and agreed that the Underwriter will use its
best efforts to notify the Financial Industry Regulatory Authority, Inc. within 30 days in the event the Bond is substantially modified, terminated or canceled.
Except as above stated, nothing herein shall be held to alter, waive or extend any of the terms of this Bond.
ICI MUTUAL INSURANCE COMPANY,
a Risk Retention Group
INVESTMENT COMPANY BLANKET BOND
RIDER NO. 3
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INSURED |
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BOND NUMBER |
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Columbia Funds Board |
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87155124B |
EFFECTIVE DATE |
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BOND PERIOD |
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AUTHORIZED REPRESENTATIVE |
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June 30, 2024 |
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June 30, 2024 to June 30, 2025 |
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/S/ Catherine Dalton |
NEWLY CREATED INVESTMENT COMPANIES
In consideration of the premium charged for this Bond, it is hereby understood and agreed that, notwithstanding anything to the contrary in General Agreement
A of this Bond, Item 1 of the Declarations shall include any Newly Created Investment Company, provided that the Underwriter receives, at least annually, a report that lists (1) all Newly Created Investment Companies created over the preceding
twelve months, and (2) the estimated net assets of each Newly Created Investment Company as of the date of the report.
For purposes of this Rider,
Newly Created Investment Company shall mean any Investment Company or series thereof (notwithstanding that such Investment Companys or series registration under the Investment Company Act of 1940 may not yet be effective),
which Investment Company or series (1) was not yet created as of the inception of the Bond Period, and (2) has (or upon registration will have) directors who are identical to the directors of another Insured Fund (other than another Newly
Created Investment Company).
It is further understood and agreed that the title in this Rider is included solely for convenience and shall not itself be
deemed to be a term or condition of coverage, or a description or interpretation thereof.
Except as above stated, nothing herein shall be held to alter,
waive or extend any of the terms of this Bond.
ICI MUTUAL INSURANCE COMPANY,
a Risk Retention Group
INVESTMENT COMPANY BLANKET BOND
RIDER NO. 4
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INSURED |
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BOND NUMBER |
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Columbia Funds Board |
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87155124B |
EFFECTIVE DATE |
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BOND PERIOD |
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AUTHORIZED REPRESENTATIVE |
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June 30, 2024 |
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June 30, 2024 to June 30, 2025 |
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/S/ Catherine Dalton |
Most property and casualty insurers, including ICI Mutual Insurance Company, a Risk Retention Group (ICI Mutual),
are subject to the requirements of the Terrorism Risk Insurance Act of 2002, as amended (the Act). The Act establishes a federal insurance backstop under which ICI Mutual and these other insurers may be partially reimbursed by the United
States Government for future insured losses resulting from certified acts of terrorism. (Each of these bolded terms is defined by the Act.) The Act also places certain disclosure and other obligations on
ICI Mutual and these other insurers.
Pursuant to the Act, any future losses to ICI Mutual caused by certified acts of terrorism may be
partially reimbursed by the United Sates government under a formula established by the Act. Under this formula, the United States government would generally reimburse ICI Mutual for the Federal Share of Compensation of ICI Mutuals
insured losses in excess of ICI Mutuals insurer deductible until total insured losses of all participating insurers reach $100 billion (the Cap on Annual Liability). If
total insured losses of all property and casualty insurers reach the Cap on Annual Liability in any one calendar year, the Act limits U.S. Government reimbursement and provides that the insurers will not be liable under their
policies for their portions of such losses that exceed such amount. Amounts otherwise payable under this Bond may be reduced as a result.
This Bond has
no express exclusion for acts of terrorism. However, coverage under this Bond remains subject to all applicable terms, conditions, and limitations of the Bond (including exclusions) that are permissible under the Act.
The portion of the premium that is attributable to any coverage potentially available under the Bond for acts of terrorism is one percent
(1%) and does not include any charges for the portion of loss that may be covered by the U.S. Government under the Act
As used herein, Federal
Share of Compensation shall mean 80% beginning on January 1, 2020.
Except as above stated, nothing herein shall be held to alter, waive or extend
any of the terms of this Bond.
ICI MUTUAL INSURANCE COMPANY,
a Risk Retention Group
INVESTMENT COMPANY BLANKET BOND
RIDER NO. 5
|
|
|
|
|
INSURED |
|
|
|
BOND NUMBER |
|
|
|
Columbia Funds Board |
|
|
|
87155124B |
EFFECTIVE DATE |
|
BOND PERIOD |
|
AUTHORIZED REPRESENTATIVE |
|
|
|
June 30, 2024 |
|
June 30, 2024 to June 30, 2025 |
|
/S/ Catherine Dalton |
In consideration of the premium charged for this Bond, it is hereby understood and agreed that the sixth paragraph of
Section 13 of this Bond is amended to read as follows:
For purposes of this section, detection occurs when the President,
Chief Compliance Officer, Chief Financial Officer, Chief Legal Officer, or any professional employee of the Legal, Compliance or Risk Management Departments of Columbia Management Investment Advisers LLC, who is not in collusion with such Employee,
becomes aware that the Employee has committed any Dishonest or Fraudulent Act(s) or Theft.
Except as above stated, nothing herein shall be held to
alter, waive or extend any of the terms of this Bond.
ICI MUTUAL INSURANCE COMPANY,
a Risk Retention Group
INVESTMENT COMPANY BLANKET BOND
RIDER NO. 6
|
|
|
|
|
INSURED |
|
|
|
BOND NUMBER |
|
|
|
Columbia Funds Board |
|
|
|
87155124B |
EFFECTIVE DATE |
|
BOND PERIOD |
|
AUTHORIZED REPRESENTATIVE |
|
|
|
June 30, 2024 |
|
June 30, 2024 to June 30, 2025 |
|
/S/ Catherine Dalton |
In consideration of the premium charged for this Bond, it is hereby understood and agreed that Section 5 of the Bond is
amended to read as follows:
For all purposes under this Bond, a loss is discovered, and discovery of a loss occurs, when the President, Chief
Compliance Officer, Chief Financial Officer, Chief Legal Officer, or any professional employee of the Legal, Compliance, or Risk Management Departments of Columbia Management Investment Advisers LLC
|
(1) |
becomes aware of facts, or |
|
(2) |
receives notice of an actual or potential claim by a third party which alleges that the Insured is liable under
circumstances, |
which would cause a reasonable person to assume that a loss of a type covered by this Bond has been or is likely to be
incurred, regardless of when the act or acts causing or contributing to such loss occurred, even though the exact amount or details of the loss may not be known.
Nothing herein contained shall be held to vary, alter, waive or extend any of the terms, conditions, provisions, agreements or limitations of this Bond other
than as above stated.
ICI MUTUAL INSURANCE COMPANY,
a Risk Retention Group
INVESTMENT COMPANY BLANKET BOND
RIDER NO. 7
|
|
|
|
|
INSURED |
|
|
|
BOND NUMBER |
|
|
|
Columbia Funds Board |
|
|
|
87155124B |
EFFECTIVE DATE |
|
BOND PERIOD |
|
AUTHORIZED REPRESENTATIVE |
|
|
|
June 30, 2024 |
|
June 30, 2024 to June 30, 2025 |
|
/S/ Catherine Dalton |
In consideration of the premium charged for this Bond, it is hereby understood and agreed that the second sentence of the
first paragraph of Section 4 of this Bond is amended to read as follows:
As soon as practicable and not more than ninety (90) days after
discovery of any loss covered here-under, the Insured shall give the Underwriter written notice thereof and, as soon as practicable and within one year after such discovery, shall also furnish to the Underwriter affirmative proof of loss with full
particulars.
Except as above stated, nothing herein shall be held to alter, waive or extend any of the terms of this Bond.
Exhibit 2
COLUMBIA ETF TRUST I
COLUMBIA ETF TRUST II
COLUMBIA FUNDS SERIES TRUST
COLUMBIA FUNDS SERIES TRUST I
COLUMBIA FUNDS SERIES TRUST II
COLUMBIA FUNDS VARIABLE INSURANCE TRUST
COLUMBIA FUNDS VARIABLE SERIES TRUST II
COLUMBIA SELIGMAN PREMIUM TECHNOLOGY GROWTH
FUND, INC.
TRI-CONTINENTAL CORPORATION
|
|
|
VOTED: |
|
That, upon recommendation of the Board Governance Committee, the proposed joint fidelity bond be, and it hereby is, approved, with such administrative changes as counsel to the Funds may approve. |
|
|
VOTED: |
|
That, upon recommendation of the Board Governance Committee, and having taken into consideration all relevant factors, including, but not limited to, the number of other parties named as insureds, the nature of the business
activities of such other parties, the amount of the joint fidelity bond, the amount of the premium for such bond, the ratable allocation of the premium among all parties named as insureds and the extent to which the share of the premium allocated to
such Fund is less than the premium it would have had to pay if it had provided and maintained a single fidelity bond, the portion of the premium to be paid by each Fund pursuant to Rule 17g-1(e) under the 1940
Act be, and it hereby is, approved. |
|
|
VOTED: |
|
That, upon recommendation of the Board Governance Committee, the Board hereby determines that the participation, through June 30, 2025, of the Funds in the joint fidelity bond allocation agreement substantially in the form of the
currently effective agreement, pursuant to which the parties agree that in the event recovery is received under the bond as a result of a loss sustained by a Fund and one or more other insureds, such Fund shall receive an equitable and proportionate
share of the recovery at least equal to the amount which it would have received had it maintained a single fidelity bond, is in the best interests of the Funds. |
|
|
VOTED: |
|
That, upon recommendation of the Board Governance Committee, the Secretary or Assistant Secretary of each Fund be, and each hereby is, authorized to cause such bond and joint fidelity bond agreement or any amendment thereto to be
filed with the SEC pursuant to Rule 17g-1(g) under the 1940 Act. |
Exhibit 3
|
|
|
|
|
|
|
|
|
Registrant |
|
Assets |
|
|
Amount of Single Insured Bond |
|
Columbia ETF Trust I |
|
$ |
1,916,463,156 |
|
|
$ |
1,500,000 |
|
Columbia ETF Trust II |
|
$ |
1,553,973,934 |
|
|
$ |
1,500,000 |
|
Columbia Funds Series Trust |
|
$ |
24,108,791,681 |
|
|
$ |
2,500,000 |
|
Columbia Funds Series Trust I |
|
$ |
129,139,393,794 |
|
|
$ |
2,500,000 |
|
Columbia Funds Series Trust II |
|
$ |
75,387,551,892 |
|
|
$ |
2,500,000 |
|
Columbia Funds Variable Insurance Trust |
|
$ |
25,363,416,802 |
|
|
$ |
2,500,000 |
|
Columbia Funds Variable Series Trust II |
|
$ |
95,790,394,508 |
|
|
$ |
2,500,000 |
|
Columbia Seligman Premium Technology Growth Fund, Inc. |
|
$ |
540,341,842 |
|
|
$ |
900,000 |
|
Tri-Continental Corporation |
|
$ |
1,859,039,914 |
|
|
$ |
1,500,000 |
|
Exhibit 4
JOINT INSURANCE AGREEMENT
This Joint Insurance Agreement (the Agreement) is entered into as of June 30, 2024, by and among, individually and not
jointly, each of the investment companies (each a Registrant) listed on Schedule A, which are Massachusetts business trusts, Delaware statutory trusts or Maryland corporations, each on behalf of its underlying series (if any) ( the term
Fund is used to refer to either the Registrant or the series, as the context requires).
WHEREAS, the Registrants are
investment companies registered as such under the Investment Company Act of 1940, as amended (the 1940 Act); and
WHEREAS, the
Funds are required to provide and maintain a fidelity bond (the Bond) pursuant to Rule 17g-1 under the 1940 Act; and
WHEREAS, paragraph (b) of Rule 17g-1 provides that the fidelity bond may be in the form of a
joint insured bond covering the Registrants; and
WHEREAS, the Board of Trustees/Directors of each Registrant (the Trustees),
including a majority of those who are not interested persons (as that term is defined by the 1940 Act) of the Registrant, have made the determinations required by Rule 17g-1, including those
provisions specifically applicable to a joint insured bond; and
NOW, THEREFORE, in consideration of the mutual covenants herein
contained, the parties hereto agree as follows;
1. Primary Coverage. Each Registrant shall have
primary (i.e., minimum assured) coverage under the Bond with respect to each loss covered under the Bond in the amount shown for such Registrant on Schedule B hereto, that is at least equal to the amount that each such Registrant
would have received had it provided and maintained a single insured bond with the minimum coverage required by paragraph (d)(1) of Rule 17g-1 under the Act.
2. Allocation of Premiums.
For
each Registrant, the premium on the Bond for any Bond period shall be allocated among the Funds on the basis of the insurers estimate of the relative cost to the respective Registrants of maintaining separate bonds in the amounts of their
respective primary coverages as stated in Schedule B and with the deductibles applicable to the respective Registrant, subject to approval by a majority of the Trustees who are not interested persons (as that term is defined by
the 1940 Act) of the Registrant. One-third of the premium shall be allocated to the Funds pro rata and two- thirds of the premium shall be allocated among the Funds in
the same proportion as the percentage amount each Funds net assets bears to the aggregate net assets of all the Funds as of the same date, as determined by Registrant officers.
3. Recovery of Sufficient Coverage.
Recovery by any Registrant for a loss covered under the Bond that does not exceed the limit of coverage provided by the Bond shall be paid in
full to the respective Registrant in the amount of its respective covered loss.
4. Allocation of Insufficient
Coverage. Recovery of a loss covered under the Bond sustained by more than one Registrant that in the aggregate exceeds the amount of coverage provided by the Bond shall be equitably and proportionately shared among all such
Registrants in amounts consistent with the portion of the Bond premium allocated to each such Registrant, provided that, in any event, each such Registrant shall receive not less than the amount of its primary coverage shown on Schedule B.
Recovery by a Registrant under the Bond shall likewise be allocated among the Funds of the Registrant (as applicable) based upon the relative premiums for such Bond period borne by the Funds incurring such loss. Any allocation in excess of a loss
actually sustained by any Registrant shall be reallocated consistent with this paragraph.
5. Deductibles. No
deductible under the Bond shall be required for any Registrant with respect to a loss sustained by a Registrant resulting from larceny or embezzlement.
6. Prior Agreements. This Agreement shall become effective as of June 30, 2024 and shall supersede any
previous agreement between or among any parties hereto relating to the allocation of premiums and coverage under any joint-insured fidelity bond, and any such previous agreement is hereby terminated. If and to the extent there is any recovery of a
covered loss under the Bond resulting from a claim arising during any period when a party hereto was covered under the Bond but was not yet a party to this Agreement, the terms of this Agreement shall nonetheless control as if it was in full force
and effect with respect to that party on that date.
7. Additional Parties. The parties hereby agree that any
registered investment company advised by Columbia Management Investment Advisers, LLC or its affiliates may become an insured under the Bond and a party to this Agreement by executing this Agreement and by paying its share of the premium in
accordance with Section 2 of this Agreement.
8. Miscellaneous. This Agreement may be executed in
multiple counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same instrument, which may be sufficiently evidenced by one counterpart. For all purposes, signatures delivered and
exchanged by facsimile transmission shall be binding and effective to the same extent as original signatures.
On behalf of each
Registrant that is organized as a Massachusetts business trust or a series thereof as stated on Schedule A, notice is hereby given that either a copy of the Declaration of Trust or a copy of the Agreement and Declaration of Trust of such
Registrants, together with all amendments, is on file with the Secretary of State of the Commonwealth of Massachusetts. The execution and delivery of this Agreement has been authorized by the Trustees and the Agreement has been signed by an
authorized officer of the Registrants. It is
2
expressly agreed that the obligations of the Funds under this Agreement shall be binding upon the assets and properties of the applicable Fund(s) only and shall not be binding upon any of the
Trustees, shareholders, nominees, officers, agents or employees of the applicable Fund(s), personally, as provided in the Declaration of Trust or the Agreement and Declaration of Trust.
IN WITNESS WHEREOF, each of the undersigned has executed this Agreement by its respective officer as of the date first set forth above.
COLUMBIA ETF TRUST I
COLUMBIA
ETF TRUST II
COLUMBIA FUNDS SERIES TRUST
COLUMBIA FUNDS SERIES TRUST I
COLUMBIA FUNDS SERIES TRUST II
COLUMBIA FUNDS VARIABLE INSURANCE TRUST
COLUMBIA FUNDS VARIABLE SERIES TRUST II
COLUMBIA SELIGMAN PREMIUM TECHNOLOGY
GROWTH FUND, INC.,
TRI-CONTINENTAL CORPORATION,
Each for itself and on behalf of each of their respective
series, if any
|
|
|
By: |
|
/s/ Ryan C. Larrenaga |
Name: |
|
Ryan C. Larrenaga |
Title: |
|
Secretary |
3
Schedule A
Columbia ETF Trust I, a Massachusetts business trust
Columbia
ETF Trust II, a Delaware statutory trust
Columbia Funds Series Trust, a Delaware statutory trust
Columbia Funds Series Trust I, a Massachusetts business trust
Columbia Funds Series Trust II, a Massachusetts business trust
Columbia Funds Variable Insurance Trust, a Massachusetts business trust
Columbia Funds Variable Series Trust II, a Massachusetts business trust
Columbia Seligman Premium Technology Growth Fund, Inc., a Maryland corporation
Tri-Continental Corporation, a Maryland corporation
4
Schedule B
|
|
|
Bond Period: |
|
June 30, 2024 to June 30, 2025 |
Bond: |
|
87155124B |
Insurance Company: |
|
ICI Mutual Insurance Company |
Limit of Liability: |
|
$25,000,000 |
Primary Coverage Allocable to Each Company
|
|
|
|
|
Companies |
|
Amount ($) |
|
Columbia ETF Trust I |
|
$ |
1,538,258.20 |
|
Columbia ETF Trust II |
|
$ |
1,531,021.86 |
|
Columbia Funds Series Trust |
|
$ |
2,981,281.91 |
|
Columbia Funds Series Trust I |
|
$ |
5,077,999.57 |
|
Columbia Funds Series Trust II |
|
$ |
4,004,955.77 |
|
Columbia Funds Variable Insurance Trust |
|
$ |
3,006,327.90 |
|
Columbia Funds Variable Series Trust II |
|
$ |
4,412,256.12 |
|
Columbia Seligman Premium Technology Growth Fund, Inc. |
|
$ |
910,786.80 |
|
Tri-Continental Corporation |
|
$ |
1,537,111.87 |
|
5
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