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INVESTMENT
COMPANY BOND
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Bond No.
00 FI 0255355-08
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HARTFORD CASUALTY
INSURANCE CO.
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HARTFORD, CT
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(Herein
called UNDERWRITER)
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DECLARATIONS
Item 1.
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Name of Insured (herein
called INSURED(S)): RMR Funds
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Principal Address:
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400 Centre Street
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Newton, MA 02458
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Item 2.
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Bond Period: from 12:01 a.m.
on
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12/18/08
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to 12:01 a.m.
on
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12/18/09
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Standard Time.
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(MONTH, DAY,
YEAR)
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(MONTH, DAY,
YEAR)
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Item 3.
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Limit of Liability: $1,250,000
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Provided however, that
if specific limits, are shown below as applicable to any specified COVERAGE,
such specific limits shall apply to the coverage provided by such COVERAGES
and are in lieu of, and not in addition to, the above bond Limit of
Liability. If Not Covered is
inserted below beside any specified COVERAGE, the coverage provided by such
COVERAGE is deleted from this bond.
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COVERAGES
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Limit of Liability
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Deductible
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I.
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Employee
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$
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1,250,000
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$
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NIL
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II.
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Premises
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$
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1,250,000
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$
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25,000
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III.
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Transit
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$
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1,250,000
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$
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25,000
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IV.
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Forgery or Alteration
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$
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1,250,000
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$
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25,000
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V.
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Securities
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$
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1,250,000
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$
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25,000
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VI.
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Counterfeit Currency
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$
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1,250,000
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$
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25,000
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VII.
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Computer Systems Fraudulent Entry
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$
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1,250,000
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$
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25,000
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VIII.
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Voice Initiated Transaction
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$
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1,250,000
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$
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25,000
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IX.
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Telefacsimile Transfer Fraud
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$
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1,250,000
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$
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25,000
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X.
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Uncollectible Items of Deposit
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$
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25,000
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$
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1,000
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XI.
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Audit Expense
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$
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25,000
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$
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1,000
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XII.
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Stop Payment
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$
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25,000
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$
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1,000
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XIII.
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Unauthorized Signatures
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$
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25,000
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$
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1,000
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Optional
Coverages:
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No Deductible shall
apply to any loss under COVERAGE I. sustained by any Investment Company.
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Item 4.
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The Coverages provided
by this Bond are also subject to the terms of the following riders issued
herewith:
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HG 00 H009,F6016,
F6018, F6019, F6051
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Item 5.
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The INSURED by the
acceptance of this bond gives notice to the UNDERWRITER terminating or
canceling prior bond(s) or policy(ies) No.(s)N/A such termination or cancellation
to be effective as of the time this bond becomes effective.
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This bond will not be
valid unless countersigned by our duly authorized representative.
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Countersigned by
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Signed, this 27th day
of February, 2009.
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Kenneth McNally
, Authorized Representative
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The UNDERWRITER, in consideration of the
payment of premium, and in reliance upon all statements made and information
furnished to the UNDERWRITER by the INSURED in applying for this bond, and
subject to the DECLARATIONS, COVERAGES, GENERAL CONDITIONS, DEFINITIONS AND
LIMITATIONS and other terms hereof, agrees to indemnify the INSURED for:
COVERAGES
I.
EMPLOYEE
Loss to the INSURED directly resulting from Larceny
or Embezzlement committed by any Employee, acting alone or in collusion with
others.
II.
PREMISES
A.
PROPERTY
Loss
of Property directly resulting from robbery, burglary, larceny (common-law or
statutory), mysterious disappearance, damage, destruction or removal from the
possession, custody or control of the INSURED, while such Property is in the
custody of or deposited within any office or premise.
B.
OFFICE
EQUIPMENT
Loss
of, or damage to furnishings, fixtures, supplies, equipment, safes or vaults
within any of the INSUREDS offices directly resulting from robbery, burglary
or larceny (common law or statutory) of such offices, or attempt thereat. Loss resulting from damage to any office
directly resulting from robbery, burglary or larceny (common law or statutory)
of such office, or attempts thereat is also covered, provided that the INSURED
is the owner of such offices, furnishings, fixtures, supplies, equipment, safes
or vaults or is legally liable for such loss or damage always excepting,
however, loss or damage through fire and all loss to electronic data processing
equipment.
III.
TRANSIT
Loss
of Property directly resulting from robbery or larceny (common law or
statutory), mysterious disappearance, damage to or destruction while the Property
is in transit to any location:
a.
in
an armored motor vehicle, including loading and unloading thereof,
b.
in
the custody of a natural person acting as a messenger of the INSURED, or
c.
in
the custody of a Transportation Company while being transported in a
conveyance which is not an armored motor vehicle provided, except, that covered
Property transported in this manner is limited to the following:
1.
written
records,
2.
securities
issued in registered form or negotiable instruments not payable to bearer,
which are not endorsed or are restrictively endorsed.
Coverage under this Transit Coverage begins upon the
receipt of such Property by the natural person acting as a messenger or as a
representative of an armored motor vehicle company or as a messenger or as a
representative of the Transportation Company and ends upon delivery to the
premises of the addressee or to any representative of the addressee.
IV.
FORGERY
OR ALTERATION
Loss
to the INSURED directly resulting from:
a.
Forgery or fraudulent material
alteration of any bills of exchange, checks, drafts, acceptances, certificates
of deposits, promissory notes, money orders, orders upon public treasuries,
letters of credit or receipts for the withdrawal of Property, or
b.
transferring, delivering or paying any
funds or other Property, or establishing any credit or giving any value in
good faith, and in the ordinary course of business on written instructions or
applications directed to the INSURED authorizing or acknowledging the transfer,
payment, delivery or receipt of funds or other Property, which instructions or
applications purport to bear the handwritten signature of: (1) any Customer of the INSURED, or (2) any
shareholder or subscriber to shares of an Investment Company, or (3) any
banking institution, stockbroker or Employee but which instructions or
applications either bear a Forgery or a fraudulent material alteration
without the knowledge and consent of such Customer, shareholder, subscriber
to shares, banking institution, stockbroker, or Employee.
There
is no coverage under this Forgery Or Alteration Coverage IV for any loss
covered under Coverage V. OR IX. of this bond, whether or not Coverages V. or
IX. are provided by this bond.
A
mechanically reproduced facsimile signature is deemed to be the same as a
handwritten signature.
Form F-6000-0
V.
SECURITIES
Loss
directly resulting from the INSURED, in good faith and in the ordinary course
of business, whether for its own account or for the account of others having:
a.
acquired, accepted or received, sold,
delivered, given value, extended credit, or assumed liability upon any original
Securities, documents or other written instruments which:
1.
bear a Forgery or fraudulent material
alteration,
2.
have been lost or stolen, or
3.
are Counterfeit, or
b.
guaranteed in writing or witnessed
signatures upon transfers, assignments, bills of sale, powers of attorney,
guarantees, endorsements or other obligations in connection with any Securities,
documents or other written instruments which pass or purport to pass title to
them.
Actual
and continued physical possession of such Securities, documents or other
written instruments by an Employee, Custodian, or a Federal or State
chartered deposit institution is a condition precedent to the INSURED having
relied on such items and release or return of such items will be deemed to be
an acknowledgement by the INSURED of not having relied on such items.
A
mechanically reproduced facsimile signature is deemed to be the same as a
handwritten signature.
VI.
COUNTERFEIT CURRENCY
Loss
directly resulting from the receipt by the INSURED, in good faith and in the
ordinary course of business, of Counterfeit money orders, currencies or coin
of any country.
VII.
COMPUTER SYSTEMS FRAUDULENT ENTRY
Loss
to the INSURED directly resulting from fraudulent entry of data into or the
change of data elements or programs within the INSUREDS proprietary Computer
System or a Computer System operated or used by the INSURED and stated in
the application, if the fraudulent entry or change results in:
a.
Property being transferred, paid or
delivered,
b.
an account of the INSURED, or of its Customer,
being added, deleted, debited, or credited, or
c.
an unauthorized account or a fictitious
account being debited or credited.
VIII.
VOICE
INITIATED TRANSACTION
Loss
to the INSURED directly resulting from a Voice Initiated Transaction directed
to the INSURED and authorizing the transfer of dividends or redemption proceeds
of Investment Company shares from a Customers account, provided such Voice
Initiated Transaction was:
a.
received at the INSUREDS offices by
those Employees of the INSURED authorized to receive the Voice Initiated
Transaction, and
b.
made by a person purporting to be a Customer,
and
c.
made by such person for the purpose of
causing the INSURED or Customer to suffer a loss or making an improper
personal financial gain for such person or any other person, and
d.
initiated pursuant to a preexisting
written agreement between the Customer and the INSURED.
In
order for coverage to apply under this Coverage, all Voice Initiated
Transactions must be received and processed in good faith, and in the ordinary
course of business in accordance with the Procedures established in the
application.
IX.
TELEFACSIMILE TRANSFER FRAUD
Loss
to the INSURED directly resulting from the INSURED having, in good faith, and
in the ordinary course of business, transferred or delivered Funds,
certificated securities or uncertificated securities through a Computer System
covered under the Computer Systems Fraudulent Entry Coverage in reliance upon a
fraudulent instruction received through a Telefacsimile Device, and which
instruction was received at the INSUREDs offices by those Employees of the
INSURED authorized to receive the Telefacsimile Device instruction and which:
(1)
purports and reasonably appears to have
originated from
(a)
a Client of the INSURED,
(b)
another office of the INSURED, or
(c)
another financial institution,
but, was not originated
by the Client or entity whose identification it bears and
(2)
such instruction contains a valid test
code which proves to have been used by a person who was not authorized to use
it and,
(3)
contains the name of a person authorized
to initiate such transfer; and
if
the transfer was in excess of the Telefacsimile Transfer Fraud Coverage
Deductible stated in Item 3. of the Declarations Page, the instruction was
verified by a call-back according to a pre-arranged procedure.
For
the purposes of this Coverage, Client means an entity or individual which has
through a written agreement with the INSURED authorized the INSURED to rely on
Telefacsimile Device instructions to initiate transfers and has provided the
INSURED with the names of persons authorized to make such transfers, and with which
the INSURED has established an instruction verification procedure. Funds means money on deposit in an account.
In
addition to the Conditions and Limitations in the bond, the following
provisions are applicable to the Telefacsimile Transfer Fraud Coverage:
Telefacsimile
Device means a machine capable of sending or receiving an image of a document
by electronic means transmitted through a telephone line and which reproduces
the exact duplicate of the document on paper.
This
Coverage (Telefacsimile Transfer Fraud) does not cover loss resulting directly
or indirectly from the assumption of liability by the INSURED by contract
unless the liability arises from a loss covered by the Telefacsimile Transfer
Fraud Coverage and would be imposed on the INSURED without the existence of the
contract.
Proof
of loss for claim under this Coverage must include a copy of the document
reproduced by the Telefacsimile Device.
X.
UNCOLLECTIBLE ITEMS OF DEPOSIT
Loss
directly resulting from the INSURED, in good faith and in the ordinary course
of business, crediting an account of a Customer, shareholder or subscriber
based on any Items of Deposit which prove to be uncollectible, if the
crediting of said account causes:
a.
redemptions or withdrawals of the account
to be effected,
b.
shares to be issued, or
c.
payment of dividends,
from
an account of an Investment Company.
In
order for coverage to apply under this Coverage, the INSURED must hold Items
of Deposit for the minimum number of days stated in the application before
permitting any redemptions or withdrawals of the account, issuing any shares or
paying any dividends with respect to such Items of Deposit.
Items
of Deposit are deemed uncollectible when the INSUREDS standard collection
procedures have been utilized and have failed to result in collection.
XI.
AUDIT EXPENSE
Reasonable
expense incurred by the INSURED for an audit or examination required by any
governmental regulatory authority or self-regulatory organization and conducted
by such authority, organization or their appointee because of the discovery of
loss sustained by the INSURED and covered by this bond but only for the part of
the audit or examination caused by said loss.
XII.
STOP PAYMENT
Loss
of any and all sums which the INSURED shall become obligated to pay by reason
of the liability imposed upon the INSURED by law for damages:
(a)
for having either complied with or failed
to comply with any written notice of any Customer or any authorized
representative of such Customer to stop payment of any check or draft made or
drawn by such Customer or any authorized representative of such Customer or
(b)
for having refused to pay any check or
draft made or drawn by any Customer or any authorized representative of such Customer.
XIII.
UNAUTHORIZED
SIGNATURES COVERAGE
Loss
to the INSURED directly resulting from the INSURED having in good faith and in
the ordinary course of business, accepted, paid or cashed any check, withdrawal
order, draft, made or drawn on a Customers account, which bears the
signature or endorsement of one other than a person whose name and signature is
on file with the INSURED as a signatory on such account. It shall be a condition precedent to the
INSUREDS right of recovery under this Coverage that the INSURED have on file
signatures of all persons who are signatories on such account.
GENERAL CONDITIONS
A.
OTHER COMPANIES INSURED UNDER THIS BOND
If
more than one corporation, or Investment Company, or combination thereof is
included herein as the INSURED:
(1)
The total liability of the UNDERWRITER
under this bond for loss or losses sustained by one or more or all INSUREDS
under the Bond shall not exceed the limit for which the UNDERWRITER would be
liable if all losses were sustained by only one of them.
(2)
The first named INSURED shall be deemed
to be the sole agent of all of the other INSUREDS hereunder for all purposes
under this bond, including but not limited to giving or receiving any notice or
proof required to be given herein and for the purpose of effecting or accepting
amendments to or termination of this bond.
The UNDERWRITER shall give each Investment Company a copy of this bond
and any amendment hereto, a copy of each formal filing of claim by any other
named INSURED and the terms of the settlement of each claim prior to the
execution of such settlement.
(3)
The UNDERWRITER bears no responsibility
under this Bond for the proper application of any payment made to the first
named INSURED.
(4)
For the purposes of the bond, knowledge
possessed or discovery made by any partner, director, trustee, officer or
supervisory Employee of any INSURED constitutes knowledge or discovery by all
the INSUREDS.
(5)
If the first named INSURED for any
reason, ceases to be covered under this bond, then the INSURED next named shall
henceforth be considered as the first named INSURED for the purposes mentioned
in (2) above.
B.
NOTICE TO UNDERWRITER OF MERGERS,
CONSOLIDATIONS OR OTHER ACQUISITIONS
While
this bond is in force, if the INSURED, other than an Investment Company,
merges or consolidates with, or purchases or acquires assets or liabilities of
another entity, the INSURED shall not have the coverage afforded under this
bond for loss which:
a.
has or will occur in offices or on
premises acquired, or
b.
has or will be caused by an Employee or
Employees acquired, or
c.
has or will arise out of the assets or
liabilities acquired,
unless the INSURED:
i.
gives the UNDERWRITER written notice of
the proposed consolidation, merger, purchase or acquisition of assets or
liabilities prior to the proposed effective date of such action, and
ii.
obtains the written consent of the
UNDERWRITER to extend the coverage provided by this bond in whole or in part to
such additional exposure, and
iii.
upon obtaining such consent pays an
additional premium to the UNDERWRITER.
C.
CHANGE OF CONTROL NOTICE TO UNDERWRITER
When
the INSURED becomes aware of a change in control (other than in an Investment
Company), as defined in Section 2(a) (9) of the Investment
Company Act of 1940, the INSURED shall, within thirty (30) days, give written
notice to the UNDERWRITER setting forth:
(1)
the names of the transferors and
transferees (or if the voting securities are registered in another name the
names of the beneficial owners),
(2)
the total number of voting securities
owned by the transferors and the transferees (or the beneficial owners), both
immediately before and after the date of the transfer, and
(3)
the total number of outstanding voting
securities.
The
failure to give the above required notice shall result in termination of
coverage as to any loss involving a transferee, effective on the date of such
change in control.
D.
REPRESENTATIONS MADE BY INSURED
The
INSURED represents to the UNDERWRITER that all information it has furnished
either in the application for this bond or other documentation is complete,
true and correct. Such application and
other documentation constitute part of this bond.
The
INSURED must promptly notify the UNDERWRITER of any change in any fact or
circumstance that materially affects the risk assumed by the UNDERWRITER under
this bond.
Any
intentional misrepresentation, omission, concealment or incorrect statement of
a material fact, in the application or related documentation, shall be grounds
for rescission of this bond.
DEFINITIONS AND LIMITATIONS
I.
DEFINITIONS
For
the purpose of the Coverage provided by this bond:
A.
Computer Systems
means:
(1)
computers, including related peripheral
and storage components,
(2)
systems and applications software,
(3)
terminal devices, and
(4)
related communication networks
by which data is electronically
assembled, transmitted, processed, stored, and retrieved.
B.
Counterfeit means an imitation of an
actual and valid original which is intended to deceive and be taken as the
original.
C.
Custodian means the institution
designated by an Investment Company to have possession and control of its
assets.
D.
Customer means an individual,
corporation, partnership, trust, or LLC which is a shareholder or subscriber of
the INSURED.
E.
Employee means:
(1)
a corporate officer of the INSURED;
(2)
a natural person while in the regular
service of the INSURED at any of the INSUREDS offices and who is compensated
directly by the INSURED through its payroll system and subject to the United
States Internal Revenue Service Form W-2 or equivalent income reporting of
other countries, and whom the INSURED has the right to control and direct both
as to the result to be accomplished and details and means by which such result
is accomplished in the performance of such service;
(3)
an attorney retained by the INSURED or an
employee of such attorney while either is performing legal services for the
INSURED;
(4)
a person furnished by an employment
contractor to perform clerical, premises maintenance or security duties for the
INSURED under the INSUREDS supervision at any of the INSUREDS offices or
premises;
(5)
an employee of an institution which has
been merged or consolidated with the INSURED prior to the effective date of
this bond;
(6)
a student or intern pursuing studies or
performing duties in any of the INSUREDS offices;
(7)
each natural person, partnership or
corporation authorized by written agreement with the INSURED to perform services
as an electronic data processor of checks or other accounting records related
to such checks but only while such person, partnership or corporation is
actually performing such services and not:
a.
creating, preparing, modifying or
maintaining the INSUREDS computer software or programs; or
b.
acting as a transfer agent or in any
other agency capacity in issuing checks, drafts or securities for the INSURED;
(8)
a director or trustee of the INSURED, but
only while performing acts within the scope of the customary and usual duties
of an officer or Employee of the INSURED or while acting as a member of any
duly elected or appointed committee to examine, audit or have custody of or
access to Property of the INSURED; or
(9)
any partner, officer or employee of an
investment adviser, an underwriter (distributor), a transfer agent or
shareholder record keeper, or an administrator, for an Investment Company
while performing acts within the scope of the customary and usual duties of an
officer or employee of an Investment Company or acting as a member of any
duly elected or appointed committee to examine, audit or have custody of or
access to Property of an Investment Company.
The term Employee, shall not include
any partner, officer or employee of a transfer agent, shareholder record keeper
or administrator:
a.
which is not an affiliated person (as
defined in Section 2(a) of the Investment Company Act of 1940) of an Investment
Company or of the investment advisor or underwriter (distributor) of such Investment
Company; or
b.
which is a bank (as defined in Section 2(a) of
the Investment Company Act of 1940).
This coverage provided by the bond does
not afford coverage in favor of the employers of persons as set forth in (4) and
(7) above, and in the event of any payment to the INSURED by the
UNDERWRITER directly resulting from Larceny or Embezzlement committed by any
of the partners, officers or employees of such employers, whether acting alone
or in collusion with others, an assignment of the INSUREDS rights and causes
of action as they may have against such employers because of such acts shall,
to the extent of such payment, be given by the INSURED to the UNDERWRITER, and
the INSURED shall execute all documents necessary to secure the rights provided
for herein.
Each employer of persons as set forth in
(3), (4) and (7) above and the partners, officers and other employees
of such employers shall collectively be deemed to be one person for the
purposes of this bond, excepting, however, the last paragraph of the
Termination-Cancellation Section.
Independent contractors not specified in
(3), (4) and (7) above, intermediaries, agents, brokers or other
representatives of the same type shall not be considered Employees.
F.
Forgery means the signing of the name
of another person or organization with the intent to deceive with or without
authority, in any capacity, for any purpose but does not mean a signature which
consists in whole or in part of ones own name.
G.
Investment Company means an investment
company registered under the Investment Company Act of 1940 and as shown under
the NAME OF INSURED on the DECLARATIONS.
H.
Items of Deposit means one or more
checks or drafts drawn upon a financial institution in the United States of America.
I.
Larceny or Embezzlement means Larceny
or Embezzlement as set forth in Section 37 of the Investment Company Act
of 1940.
J.
Property means:
a.
currency, coin, bank notes, or Federal
Reserve notes (money), postage and revenue stamps, U.S. Savings Stamps,
securities, including notes, stock, treasury stock, bonds, debentures,
certificates of deposit;
b.
certificates of interests or
participation in any profit-sharing agreement, collateral trust certificate,
preorganization certificate or subscription, transferable share, investment
contract, voting trust certificate, certificate of deposit for a security,
fractional undivided interest in oil, gas, or other mineral rights, interests
or instruments commonly known as securities under the Investment Company Act of
1940, any other certificate of interest or participation in, temporary or
interim certificate for, receipt for, guarantee of, or warrant or right to
subscribe to or purchase any of the foregoing;
c.
bills of exchange, acceptances, checks,
drafts, withdrawal orders, money orders, travelers checks, letters of credit,
bills of lading, abstracts of title, insurance policies, deeds, mortgages of
real estate and/or of chattels and interests therein, assignments of such
mortgages and instruments, including books of accounts and written records used
by the INSURED in the conduct of its business; and
d.
electronic representation of the
instruments enumerated above (but excluding all electronic data processing
records) in which the INSURED acquired an interest at the time of the INSUREDS
consolidation or merger with, or purchase of the principal assets of, a
predecessor or which are held by the INSURED for any purpose or in any capacity
whether held gratuitously or whether or not the INSURED is liable therefor.
K.
Securities, documents or other written
instruments means original (including original counterparts) negotiable or
non-negotiable instruments, or assignments thereof, which by themselves
represent an equitable interest, ownership, or debt and which are transferable
in the ordinary course of business by delivery of such instruments with any
necessary endorsements or assignments.
L.
Transportation Company means any entity
which provides its own or leased vehicles for transportation or provides
freight forwarding or air express services.
M.
Voice Initiated Election means any
election related to dividend options available to an Investment Company
shareholders or subscribers which is executed by voice over the telephone.
N.
Voice Initiated Redemption means any
redemption of shares issued by an Investment Company which is initiated by
voice over the telephone.
O.
Voice Initiated Transaction(s) means
any Voice Initiated Redemption or Voice Initiated Election.
II.
EXCLUSIONS
A.
EXCLUSIONS APPLICABLE TO ALL COVERAGES
This bond does not directly or indirectly
cover:
(1)
loss not reported to the UNDERWRITER in
writing within thirty (30) days after termination of all of the Coverages under
this bond;
(2)
loss due to riot or civil commotion
outside the United States of America and Canada, or any loss due to military,
naval or usurped power, war or insurrection.
However, this exclusion shall not apply to loss which occurs in transit
under the circumstances enumerated in Coverage III TRANSIT, provided that when
such transit was undertaken there was no knowledge on the part of any person
acting for the INSURED in undertaking such transit of such riot, civil
commotion, military, naval or usurped power, war or insurrection;
(3)
loss resulting from dishonest acts of any
member of the Board of Directors or Board of Trustees of the INSURED who is not
an Employee, acting alone or in collusion with others;
(4)
loss, which in whole or in part, results
solely from any violation by the INSURED or by any Employee of any law, or
rule, or regulation pertaining to any law regulating:
a.
the issuance, purchase or sale of
securities,
b.
transactions on security or commodity
exchanges or over-the-counter markets,
c.
investment advisors, or
d.
investment companies
unless such loss, in the
absence of such laws, rules or regulations, would be covered under
Coverages I. or IV.;
(5)
loss of potential income including, but
not limited to, interest and dividends not realized by the INSURED or by any Customer
of the INSURED;
(6)
loss resulting from indirect or
consequential loss of any nature;
(7)
any damages other than compensatory
damages (but not multiples thereof) for which the INSURED is legally liable,
arising from a loss covered under this bond;
(8)
loss resulting from the effects of
nuclear fission, fusion, radioactivity, or chemical or biological
contamination;
(9)
loss resulting from the theft or misuse
of confidential information, material or data except that this exclusion shall
not apply to the transfer or payment of money;
(10)
costs, fees and expenses incurred by the
INSURED in proving the existence or amount of loss under this bond, provided
however, this EXCLUSION shall not apply to Coverage XI.;
(11)
loss resulting from voice requests or
instructions transmitted over the telephone, provided however, this EXCLUSION
shall not apply to Coverage VIII. and Coverage IX.;
(12)
loss sustained by one INSURED to the
advantage of any other INSURED, or subsidiary or entity in which the INSURED,
its majority shareholder, partner, or owner has a majority interest therein,
provided that an INSURED, upon discovery of the loss, can cause the principal
sum to be restored to the INSURED who suffered the loss.
B.
SPECIFIC EXCLUSIONS APPLICABLE TO ALL
COVERAGES EXCEPT COVERAGE I.
This bond does not directly or indirectly
cover:
(1)
loss caused by an Employee, provided,
however, this EXCLUSION shall not apply to loss covered under Coverages II. or
III. which results directly from misplacement, mysterious disappearance, or
damage to or destruction of Property;
(2)
loss through the surrender of Property
away from an office of the INSURED as a result of a threat:
a.
to do bodily harm to any person, except
loss of Property in transit in the custody of any person acting as messenger
of the INSURED, provided that when such transit was undertaken there was no
knowledge by the INSURED or any person acting as messenger of the INSURED of
any such threat or
b.
to do damage to the premises or Property
of the INSURED;
(3)
loss involving Items of Deposit which
are not finally paid for any reason provided however, that this EXCLUSION shall
not apply to Coverage X.;
(4)
loss resulting from payments made or
withdrawals from any account involving erroneous credits to such account;
(5)
loss of Property while in the mail;
(6)
loss of Property while in the custody
of a Transportation Company, provided however, that this EXCLUSION shall not
apply to Coverage III.;
(7)
loss resulting from the failure for any
reason of a financial or depository institution, its receiver or other
liquidator to pay or deliver funds or other Property to the INSURED but this
EXCLUSION shall not apply to loss of Property directly resulting from
robbery, burglary, misplacement, mysterious disappearance, damage, destruction
or abstraction from the possession, custody or control of the INSURED.
C.
EXCLUSIONS -APPLICABLE TO ALL COVERAGES
EXCEPT COVERAGES I., IV., V.
This bond does not directly or indirectly
cover:
(1)
loss resulting from Forgery or any
alteration;
(2)
loss resulting from the complete or
partial non-payment of or default on any loan whether such loan was procured in
good faith or through trick, artifice, fraud or false pretenses;
(3)
loss involving a Counterfeit provided,
however, this EXCLUSION shall not apply to Coverage VI., X., and XIII.
III.
DISCOVERY
This
bond applies only to loss first discovered by any partner, director, trustee,
officer or supervisory Employee of the INSURED during the Bond Period. Discovery of loss is deemed to occur at the
earliest point that such individuals become aware of:
(1)
facts which may subsequently result in a
loss of a type covered by this bond, or
(2)
an actual or potential claim in which it
is alleged that the INSURED is liable to a third party,
regardless
of when the act or acts causing or contributing to such loss occurred and even
if the amount of actual or potential loss does not exceed the applicable
Deductible or the exact amount or details of the loss are not known.
IV.
NOTICE PROOF LEGAL PROCEEDINGS
AGAINST UNDERWRITER
(1)
At the earliest practicable time, not to
exceed thirty (30) days after discovery of the loss, the INSURED shall give the
UNDERWRITER notice thereof.
(2)
Within six (6) months after such
discovery, the INSURED shall furnish to the UNDERWRITER a proof of loss, duly
sworn to, with full particulars of the loss.
(3)
Securities issued with a certificate or
bond number shall be identified in a proof of loss by such numbers.
(4)
Legal proceedings for the recovery of any
loss under this bond shall not be brought prior to the expiration of sixty (60)
days after the proof of loss is filed with the UNDERWRITER or after the
expiration of twenty-four (24) months from the discovery of such loss.
(5)
This bond affords coverage only to the
INSURED. No claim, suit, action, or
legal proceedings shall be brought under this bond by anyone other than the
INSURED.
V.
LIMIT OF LIABILITY/NON-REDUCTION AND
NON-ACCUMULATION OF LIABILITY
Prior
to the termination of this bond, it shall continue in force for the limit
stated in the applicable section of ITEM 3. of the DECLARATIONS,
notwithstanding any previous loss for which the UNDERWRITER may have paid or be
liable to pay under this bond provided, that the liability of the UNDERWRITER
under this bond with respect to all loss resulting from:
(1)
any one act of burglary, robbery or
attempt thereat, in which no Employee is concerned or implicated, or
(2)
any one unintentional or negligent act on
the part of any one person resulting in damage to or destruction or
misplacement of Property, or
(3)
all acts, other than those specified in (1) above,
of any one person, or
(4)
any one casualty or event other than
those specified in (1), (2), or (3) above,
shall
be deemed to be one loss and shall be limited to the applicable Limit of
Liability stated in ITEM 3. of the DECLARATIONS of this bond irrespective of
the total amount of such loss or losses.
The Limit of Liability shall not be cumulative in amounts from year to
year or from period to period.
All
acts, as specified in (3) above, of any one person which directly or
indirectly aid in any way wrongful acts of any other person or persons or
permit the continuation of wrongful acts of any other person or persons whether
such acts are committed with or without the knowledge of the wrongful acts of
the person so aided and whether such acts are committed with or without the
intent to aid such other person, shall be deemed to be one loss with the
wrongful acts of all persons so aided.
VI.
DEDUCTIBLE
The
UNDERWRITER shall not be liable under any Coverages under this bond because of
loss unless the amount of such loss, after deducting the net amount of all
reimbursement and/or recovery obtained or made by the INSURED, other than any
amounts recovered under any bond or policy of insurance issued by an insurance
company and covering such loss, or recoveries by the UNDERWRITER on account
thereof prior to payment by the UNDERWRITER of such loss, shall exceed the
Deductible set forth in ITEM 3. of the DECLARATIONS, and then for such amounts
that are in excess of the deductible, but in no event for more than the
applicable Limit of Liability stated in ITEM 3. of the DECLARATIONS.
There
is no Deductible applicable to any loss under Coverage I. sustained by any Investment
Company.
VII.
ATTORNEYS FEES AND COURT COSTS
The
UNDERWRITER will indemnify the INSURED for reasonable attorneys fees and court
costs incurred and paid by the INSURED in the defense, whether or not
successful, fully litigated on the merits or settled, of any suit or legal
proceeding brought against the INSURED to enforce the INSUREDS liability or
alleged liability because of any loss, claim or damage which, if established
against the INSURED, would constitute a loss sustained by the INSURED and
covered under the terms of this bond except that with respect to Coverage I.
this Section shall only apply in the event that:
(1)
an Employee acknowledges being guilty
of Larceny or Embezzlement,
(2)
an Employee is adjudicated guilty of Larceny
or Embezzlement, or
(3)
in the absence of (1) or (2) above,
an arbitration panel decides, after a review of any agreed statement of facts
between the UNDERWRITER and the INSURED, that an Employee would be found
guilty of Larceny or Embezzlement if such Employee were prosecuted.
The
INSURED shall at the earliest practicable time, not to exceed thirty (30) days
after the discovery of any such claim, suit or legal proceeding, and at the
request of the UNDERWRITER, furnish copies of all pleadings and relevant papers
to the UNDERWRITER. The UNDERWRITER may,
at its sole option, elect to control the defense of all or part of such suit or
legal proceeding. The defense by the
UNDERWRITER shall be in the name of the INSURED through attorneys chosen by the
UNDERWRITER. The INSURED shall provide
all reasonable information and assistance required by the UNDERWRITER for such
defense.
If
the amount demanded in a suit or legal proceeding is greater than the Limit of
Liability stated in ITEM 3. of the DECLARATIONS for the applicable Coverage, or
if a Deductible is applicable, or both, the UNDERWRITERS liability for
attorneys fees and court costs incurred in defending all or part of such suit
or legal proceeding is limited to the proportion of such attorneys fees and
court costs incurred that the Limit of Liability stated in ITEM 3. of the
DECLARATIONS for the applicable Coverage bears to the total of the amount
demanded in such suit or legal proceeding.
All
amounts indemnified by the UNDERWRITER for attorneys fees and court costs
shall be in addition to the Limit of Liability stated in ITEM 3. of the
DECLARATIONS.
If
the UNDERWRITER declines to defend the INSURED, no settlement or judgment against
the INSURED shall determine the existence, extent or amount of coverage under
this bond without the prior written consent of the UNDERWRITER and the
UNDERWRITER shall not be liable for any costs, fees and expenses incurred by
the INSURED.
VIII.
VALUATION
OF PROPERTY
The
value of any loss of Property, other than books of account or other records
used by the INSURED in the conduct of its business, shall be determined by the
average market value of such Property on the business day immediately preceding
discovery of such loss except that the value of any Property replaced by the
INSURED with the consent of the UNDERWRITER prior to the settlement of any
claim for such Property, shall be the actual market value at the time of
replacement.
In
the event of a loss of interim certificates, warrants, rights or other
securities, (as used herein, options) which need to be presented to exercise
the subscription, conversion, redemption or deposit privileges, their value
shall be:
a.
if such options have not expired, the
average market value of such options on the business day immediately preceding
the discovery of such loss, or the actual market value at the time of agreed
replacement as provided in the preceding paragraph, or
b.
if such options have expired at the time
their loss is discovered, their market value immediately preceding their
expiration, or
c.
if no market price is quoted for such Property
or for such options, the value shall be determined by agreement between the
parties, or arbitration if the parties are unable to agree to the value.
The
value of any loss of Property consisting of books of account or other records
used by the INSURED in the conduct of its business shall be the amount paid by
the INSURED for blank books, blank pages, or other materials which replace the
lost books of account or other records, plus the cost of labor paid by the
INSURED for the actual transcription or copying of data to reproduce such books
of account or other records.
IX.
VALUATION OF PREMISES AND FURNISHINGS
In
the event of loss or damage to any office of the INSURED or to the furnishings,
fixtures, supplies, equipment, safes or vaults, the UNDERWRITER shall not be
liable for more than the actual cash value thereof, or for more than the actual
cost of replacement or repair. The
UNDERWRITER may, at its option, pay actual cash value or make replacement or
repair. In the event the UNDERWRITER and
the INSURED cannot agree upon the actual cash value or the cost of replacement
or repair, it shall be determined by arbitration.
X.
SECURITIES SETTLEMENT
In
the event of a loss of securities covered under this bond, the UNDERWRITER may,
at its sole option, purchase replacement securities, tender the value of the
securities in money, or issue its indemnity in order to allow the issuance of
replacement securities.
Indemnity
will be required from the INSURED under the terms of this Section against
all loss, cost or expense arising from the replacement of securities by the
UNDERWRITERS. The amount of such indemnity
from the INSURED shall be:
(1)
for securities having a value of less
than or equal to the applicable Deductible one hundred percent (100%);
(2)
for securities having a value greater
than the Deductible but within the applicable Limit of Liability the
percentage that the Deductible bears to the value of the securities;
(3)
for securities having a value greater
than the applicable Limit of Liability the percentage that the Deductible and
the portion in excess of the applicable Limit of Liability bears to the value
of the securities.
The
value referred to in (1), (2), and (3) above is the value provided for in SECTION VIII.
VALUATION OF PROPERTY, regardless of the value of such securities at the time
the loss under the UNDERWRITERS indemnity is sustained.
The
UNDERWRITER is not required to issue its indemnity for any portion of a loss of
securities which is not covered by this bond; however, the UNDERWRITER may do
so at its sole option.
The
INSURED shall pay the applicable proportion of the UNDERWRITERS premium charge
for the UNDERWRITERS indemnity as set for in (1), (2), and (3) above. No portion of the Limit of Liability shall be
used as payment of premium for any indemnity purchased by the INSURED to obtain
replacement securities.
XI.
SUBROGATION ASSIGNMENT RECOVERY
In
the event of a payment under this bond by the UNDERWRITER, the UNDERWRITER
shall be subrogated to all of the INSUREDS rights of recovery against any
person or entity to the extent of such payment.
On the request of the UNDERWRITER, the INSURED shall deliver to the
UNDERWRITER an assignment of the INSUREDS rights, title and interest and
causes of action against any person or entity to the extent of such payment.
Recoveries,
whether realized by the UNDERWRITER or by the INSURED, shall be applied after
deducting the expense of such recovery, first to the INSUREDS loss which would
otherwise have been paid except that it exceeds the applicable Limit of
Liability, second, to the UNDERWRITER to amounts paid in settlement of the
INSUREDS claim and third, to the INSURED to the applicable Deductible. Recovery from reinsurance and/or indemnity of
the UNDERWRITER shall not be a recovery under this section.
XII.
COOPERATION OF INSURED
At
the UNDERWRITERS request and at reasonable times and places designated by the
UNDERWRITER, the INSURED shall submit to examination by the UNDERWRITER and
subscribe to the same under oath, produce for the UNDERWRITERS examination and
copying, at its own expense all relevant records, and cooperate with the
UNDERWRITER in all matters pertaining to the loss.
The
INSURED shall execute all papers and provide assistance to secure for the
UNDERWRITER the rights and causes of action provided for under this bond. The INSURED shall do nothing after loss to
prejudice such rights or causes of action.
XIII.
OTHER
INSURANCE
Coverage
under this bond shall apply excess over any valid and collectible insurance,
indemnity or suretyship obtained by or on behalf of the INSURED or a Transportation
Company or other entity on whose premises the loss occurred or which employed
the person who caused the loss or engaged the messenger conveying the Property
which was the subject of the loss.
XIV.
TERMINATION-CANCELLATION
If
the bond is for a single INSURED, it shall not be terminated or canceled unless
written notice is given by the acting party to the affected party and to the
Securities and Exchange Commission, Washington, D.C., not less than sixty (60)
days prior to the effective date of such termination or cancellation.
If
the bond is for a joint INSURED, it shall not be terminated or canceled unless
written notice is given by the acting party to the affected party, and by the
UNDERWRITER to all INSURED Investment Companies and to the Securities and Exchange
Commission, Washington, D.C., not less than sixty (60) days prior to the
effective date of such termination or cancellation.
This
bond will terminate as to any one INSURED, other than an Investment Company,
immediately upon the taking over of such INSURED by a receiver or other
liquidator or by State or Federal officials, or immediately upon 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, or immediately upon such INSURED ceasing to exist, whether through
merger with another entity, disposition of all of its assets or otherwise.
The
UNDERWRITER shall refund the unearned premium in accordance with the standard
short rate cancellation tables if terminated by the INSURED or pro rata if
terminated for any other reason.
Coverage
will terminate as to any Employee:
(1)
at the time that any partner, director,
trustee, or officer or supervisory Employee not acting in collusion with such
Employee, learns of any dishonest act committed by such Employee at any
time, whether in the employment of the INSURED or otherwise, whether or not
such act is of the type covered under this bond, and whether against the
INSURED or any other person or entity or
(2)
sixty (60) days after the receipt by each
INSURED and by the Securities and Exchange Commission, Washington, D.C., of a
written notice from the UNDERWRITER of its desire to terminate this bond as to
such Employee.
XV.
CHANGE OR MODIFICATION
No
change in or modification of this bond shall be effective except by written
rider to this bond issued by an Authorized Representative of the UNDERWRITER.
If
this bond is for a single INSURED, no change or modification which adversely
affects the rights of the INSURED shall be effective prior to sixty (60) days
after written notice of such change or modification has been furnished to the
Securities and Exchange Commission, Washington, D.C., by the acting party.
If
this bond is for a joint INSURED, no change or modification which adversely
affects the rights of the INSURED shall be effective prior to sixty (60) days
after written notice of such change or modification has been furnished to all
insured Investment Companies and to the Securities and Exchange Commission,
Washington, D.C., by the UNDERWRITER.
THIS ENDORSEMENT CHANGES THE
POLICY. PLEASE READ IT CAREFULLY.
This endorsement, effective on 12/18/08
At 12:01 A.M. standard time
Forms a part of Policy No.: 00 FI 0255355-08
Issued to: RMR Funds
By: Hartford Fire Insurance Company
MAILING ADDRESS
FOR NOTICE ENDORSEMENT
Notice of Claim or Wrongful Act
It is hereby understood
and agreed that a notice of any claim or wrongful act shall be given in writing
to the following:
THE
HARTFORD
CLAIMS
DEPARTMENT
HARTFORD
FINANCIAL PRODUCTS
2 PARK
AVENUE
5
TH
FLOOR
NEW
YORK, NEW YORK 10016
FACSIMILE: (212) 277-0915
B.
It
is hereby understood and agreed that where it is stated in the policy or
declarations page that a notice of any claim or wrongful act shall be
given in writing to The Hartford, One Hartford Plaza, Hartford CT 06155 shall
be deleted in its entirety and replaced with the following:
Notice of any claim or wrongful act shall be given in
writing to the following:
THE
HARTFORD
CLAIMS
DEPARTMENT
HARTFORD
FINANCIAL PRODUCTS
2 PARK
AVENUE
5
TH
FLOOR
NEW
YORK, NEW YORK 10016
FACSIMILE: (212) 277-0915
HG 00 H009 00 0302
© 2002, The Hartford
II.
All Other Notices
A.
All notices for a claim or wrongful act must be mailed to the address
as specified above in Item (I) of this endorsement.
B.
It is hereby understood and agreed that
all notices, except for a notice of claim or wrongful act, shall be given in
writing to the following:
THE
HARTFORD
COMPLIANCE
DEPARTMENT
HARTFORD
FINANCIAL PRODUCTS
2 PARK
AVENUE
5
TH
FLOOR
NEW
YORK, NEW YORK 10016
C.
With
the exception of notice of a claim or wrongful act, it is hereby understood and
agreed that where it is stated in the policy or declarations page that a
notice shall be given in writing to The Hartford, One Hartford Plaza, Hartford
CT 06155 shall be deleted in its entirety and replaced with the following:
All notices, except for a notice of claim or wrongful
act, shall be given in writing to the following:
THE
HARTFORD
COMPLIANCE
DEPARTMENT
HARTFORD
FINANCIAL PRODUCTS
2 PARK
AVENUE
5
TH
FLOOR
NEW YORK,
NEW YORK 10016
All other terms and conditions of the policy remain unchanged.
Producer
Compensation Notice
|
|
You can review and obtain information on The
Hartfords
|
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producer compensation practices at
www.thehartford.com
|
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or at 1-800-592-5717.
|
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F-5267-0
HR 00 H093 00 0207
|
© 2007, The Hartford
|
RIDER
1
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To be attached to and form part of Investment Company
Bond, No. 00 FI 0255355
in favor of RMR Funds
This bond has been signed by our President and Secretary, but it shall
not be binding unless countersigned on the Declarations page by our duly
authorized representative.
|
|
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Brian S. Becker, Secretary
|
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David Zwiener, President
|
MANDATORY
ADOPTED MAY 2003
Form F-6016-0
1
RIDER
2
|
|
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To be attached to and form part of Investment Company
Bond, No. 00 FI 0255355-08
in favor of RMR Funds
It is agreed that:
1.
GENERAL
CONDITIONS
, B. NOTICE TO UNDERWRITER OF MERGERS, CONSOLIDATIONS OR
OTHER ACQUISITIONS is amended to include the following paragraph:
If the INSURED
shall, while this bond is in force, establish any new Investment Companies
other than by consolidation or merger with, or purchase or acquisition of
assets or liabilities of, another institution, such Investment Companies
shall automatically be covered hereunder from the date of such establishment
without the payment of additional premium for the remainder of such Bond
Period.
2.
If the INSURED shall, while this bond is
in force, require an increase in limits to comply with SEC Reg. 17g-1, due to
an increase in asset size of current Investment Companies covered under this
bond or the addition of new Investment Companies, such increase in limits
shall automatically be covered hereunder from the date of such increase without
the payment of additional premium for the remainder of the Bond Period.
3. Nothing herein is intended to alter
the terms, conditions and limitations of the bond other than as stated above.
4.
This rider shall
become effective as of 12:01 a.m. on 12/18/08 standard time.
AMEND
GENERAL
CONDITIONS B.
|
|
NOTICE
TO UNDERWRITER OF
MERGERS, CONSOLIDATIONS
|
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OR
OTHER ACQUISITIONS
RIDER
|
|
ADOPTED MAY 2003
|
|
Form F-6018-0
1
RIDER
3
|
|
|
To be attached to and form part of Investment Company
Bond, No. 00 FI 0255355
in favor of RMR Funds
It is agreed that:
1.
The number of days
notice is amended as follows:
Number
of Days Notice:
|
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90
|
|
The number of days
notice to be given, by the
UNDERWRITER, prior to termination or cancellation as
provided in
DEFINITIONS AND LIMITATIONS
, XIV.
TERMINATION-CANCELLATION is increased to the number
of days shown above but in no event less than 90 days.
2. This rider
shall become effective as of 12:01 a.m. on 12/18/08 standard time.
AMEND
GENERAL
CONDITIONS B.
|
|
NOTICE
TO UNDERWRITER OF
MERGERS, CONSOLIDATIONS
|
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OR
OTHER ACQUISITIONS
RIDER
|
|
ADOPTED MAY 2003
|
|
Form F-6019-0
1
RIDER
4
|
|
|
To be attached to and form part of Investment Company Bond No. 00
FI 0255355
in favor of RMR Funds
It is agreed that:
1. At the
request of the INSURED, the Underwriter adds to the list of Insured under the
attached bond the following:
RMR RealEstate Fund (FI 0240351); RMR
Hospitality & Real Estate Fund (FI 0240321); RMR F.I.R.E. Fund (FI
0240322);
|
RMR Preferred Dividend Fund (FI 0240319(); RMR
Dividend Captive Fund (FI 0247483) and RMR Fund Series Trust
|
(FI 0248118)
|
2. This rider
shall become effective as of 12:01 a.m. on 12/18/08 standard time.
ADDING OR DEDUCTING INSUREDS RIDER
ADOPTED FEBRUARY 2008.
|
F-6051-0
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©2008, The Hartford
|
1
ACORD
TM
CERTIFICATE OF LIABILITY
INSURANCE
|
|
DATE
(MM/DD/YYYY)
04/03/09
|
|
|
|
PRODUCER
Integro
USA Inc.
dba
Integro Insurance Brokers
1 State
Street Plaza
9th Floor
New York,
NY 10004
|
1-212-295-8000
|
THIS
CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS
UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER
THE COVERAGE AFFORDED BY THE POLICIES BELOW.
|
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INSURERS
AFFORDING COVERAGE
|
NAIC #
|
INSURED
|
|
|
|
REIT
Management & Research LLC
|
|
INSURER
A:
Hartford Casualty Insurance Co.
|
|
|
|
INSURER B:
|
|
400 Centre
Street
|
|
INSURER C:
|
|
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|
INSURER D:
|
|
Boston, MA
02458
|
|
INSURER E:
|
|
|
|
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COVERAGES
THE
POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE
FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR
CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY
THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND
CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED
BY PAID CLAIMS.
INSR
LTR
|
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ADDL
NSRD
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TYPE
OF INSURANCE
|
|
POLICY
NUMBER
|
|
POLICY
EFFECTIVE
DATE (MM/DD/YY)
|
|
POLICY
EXPIRATION
DATE (MM/DD/YY)
|
|
LIMITS
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
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GENERAL LIABILITY
|
|
|
|
|
|
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EACH OCCURRENCE
|
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$
|
|
|
|
|
|
|
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DAMAGE TO RENTED
|
|
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|
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o
COMMERCIAL GENERAL LIABILITY
|
|
|
|
|
|
|
|
PREMISES (Ea occurence)
|
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$
|
|
|
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|
o
CLAIMS MADE
|
o
OCCUR
|
|
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|
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|
MED EXP (Any one person)
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$
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|
|
|
|
|
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|
PERSONAL & ADV INJURY
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|
$
|
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GENERAL AGGREGATE
|
|
$
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|
PRODUCTS COMP/OP AGG
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$
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GENL AGGREGATE LIMIT APPLIES PER:
|
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o
POLICY
o
PROJECT
o
LOC
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AUTOMOBILE LIABILITY
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COMBINED SINGLE LIMIT
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$
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|
|
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(Ea accident)
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o
ANY AUTO
|
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|
BODILY INJURY
|
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$
|
|
|
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|
o
ALL OWNED AUTOS
|
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|
(Per person)
|
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|
o
SCHEDULED AUTOS
|
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|
|
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BODILY INJURY
|
|
$
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|
|
|
o
HIRED AUTOS
|
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|
(Per accident)
|
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o
NON-OWNED AUTOS
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|
PROPERTY DAMAGE
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$
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|
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(Per accident)
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|
GARAGE LIABILITY
|
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AUTO ONLY - EA ACCIDENT
|
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$
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|
o
ANY AUTO
|
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|
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OTHER THAN
|
EA
ACC
|
|
$
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|
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AUTO ONLY:
|
AGG
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$
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EXCESS/UMBRELLA LIABILITY
|
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EACH OCCURRENCE
|
|
$
|
|
|
|
|
o
OCCUR
|
o
CLAIMS MADE
|
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|
AGGREGATE
|
|
$
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|
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|
o
DEDUCTIBLE
|
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|
|
$
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o
RETENTION $
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$
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$
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WORKERS COMPENSATION AND
|
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WC STATUTORY
LIMITS
|
OTHER
|
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EMPLOYERS LIABILITY
|
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E. L. EACH ACCIDENT
|
|
$
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|
ANY PROPRIETOR/PARTNER/EXECUTIVE
|
|
|
|
|
|
|
|
E. L. DISEASE- EA EMPLOYEE
|
|
$
|
|
OFFICER/MEMBER EXCLUDED?
If yes, describe under
SPECIAL PROVISIONS below
|
|
|
|
|
|
|
|
E. L. DISEASE - POLICY LIMIT
|
|
$
|
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OTHER
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A
|
Investment Company Bond
|
|
00 FI 0255355-08
|
|
12/18/08
|
|
12/18/09
|
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|
1,250,000
|
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DESCRIPTION OF
OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL
PROVISIONS
As of March 24,
2009 the following funds are insureds under the above captioned policy:
RMR Real
Estate Income Fund
New RMR Asia
Pacific Real Estate Fund
CERTIFICATE
HOLDER
|
|
CANCELLATION
|
Evidence
of Insurance
|
|
SHOULD ANY
OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE
THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL
30
DAYS WRITTEN NOTICE TO THE
CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO
OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
|
|
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AUTHORIZED
REPRESENTATIVE
|
|
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|
|
ACORD 25
(2001/08)
Abrown
|
|
|
11555409
|
|
© ACORD CORPORATION 1988
|
Officers Certificate
I,
Karen Jacoppo-Wood, Assistant Secretary of each of RMR Real Estate Fund, RMR
Hospitality and Real Estate Fund, RMR F.I.R.E. Fund, RMR Preferred Dividend
Fund, RMR Dividend Capture Fund, RMR Funds Series Trust, RMR Real Estate Income
Fund and New RMR Asia Pacific Real Estate Fund (each, a Fund), hereby certify
that the following resolutions were adopted by each Board of Trustees (Board)
of the Funds (all voting) and separately by a majority of the Trustees who are
not interested persons of the Funds, as such term is defined in the
Investment Company Act of 1940, as amended, (the 1940 Act), by unanimous
written consent dated April 15, 2009:
WHEREAS
, management has recommended and procured on behalf
of the Funds a fidelity bond (the Bond) in the form of a joint insured bond,
as authorized by, and in accordance with, the requirements of Rule 17g-1 under
the Investment Company Act of 1940, as amended (the 1940 Act); and
WHEREAS
, management has provided the premium amount for the
Bond and schedule showing that each Funds allocable share of the premium is
less than the premium such Fund would have had to pay if it had obtained a
single insured bond; and
WHEREAS,
the full Board and the Trustees who are not interested
persons of the Funds, as that term is defined in the 1940 Act (the Independent
Trustees) have given due consideration to all information deemed reasonably
relevant, necessary or appropriate by them regarding the procurement of the
Bond, including, among other things, (i) the value of the aggregate assets of
the Funds to which any covered person under the Bond may have access, (ii) the
type and terms of the arrangements made for the custody and safekeeping of such
assets, (iii) the nature of the securities in the Funds investment portfolios,
(iv) the nature of the business activities of the other parties to the Bond, (v)
the amount of the Bond and the premium for such Bond, (vi) the ratable
allocation of the premium among all parties named as insureds, and (vii) the
extent to which the share of the premium allocated to the Funds is less than
the premium such Funds would have had to pay if they had provided and
maintained a single insured bond; and
WHEREAS,
the Funds have agreed to be a party to an Agreement
Concerning the Allocation of Fidelity Bond Premiums and Recoveries in
accordance with Rule 17g-1(f);
NOW, THEREFORE, BE IT
RESOLVED
, that the Board (all Trustees voting) and the
Independent Trustees (voting separately) hereby ratifies the procurement of the
Bond; and
FURTHER RESOLVED
, that the Board finds that the coverage
provided by the Bond, for the one-year period December 18, 2008 to December 18,
2009, in the aggregate amount of $1,250,000 issued by Hartford Casualty
Insurance Company in accordance with the requirements of Rule 17g-1 under the
1940 Act, is reasonable in form and amount; and
FURTHER RESOLVED
, that the Board, including the Independent
Trustees, hereby determines that the annual premium of $6,126 for the Bond is
fair and reasonable and that the annual premium be, and it hereby is, approved;
and
FURTHER RESOLVED
, that pursuant to Rule 17g-1 under the 1940
Act, the Board, including the Independent Trustees, finds that the
participation of each Fund in the Bond and payment by each Fund of its
allocated share of the premium for such Bond is in the best interests of each
Fund, and is hereby approved by the Board (all Trustees voting) and by the
Independent Trustees (voting separately); and
FURTHER RESOLVED,
that the Agreement Concerning the Allocation
of Fidelity Bond Premiums and Recoveries (Bond Agreement) between each Fund
is approved; and
FURTHER RESOLVED
, that the Assistant Secretary of the Funds
shall file, or cause to be filed, a copy of the Bond and appropriate notices
with the Securities and Exchange Commission in accordance with Rule 17g-1(g);
and
FURTHER RESOLVED
, that the officers of the Funds be, and each
hereby is, authorized and directed to execute such documents, with such
modifications as the officers, on advice of counsel, shall deem necessary or
appropriate consistent with the purposes and intent of the Board, to make any
and all payments, and to take such actions as may be necessary or appropriate
to carry out the purposes and intent of the preceding resolutions, the execution
and delivery of such documents or taking of such actions to be conclusive
evidence of the Boards approval.
IN WITNESS WHEREOF, I have hereunto set my hand this 16th day of April 2009.
/s/
Karen Jacoppo-Wood
|
|
Karen
Jacoppo-Wood
|
|
Assistant
Secretary
|
|
AGREEMENT CONCERNING THE ALLOCATION OF
FIDELITY BOND PREMIUMS AND RECOVERIES
AGREEMENT
dated the 18th day of December 2008 among RMR Real Estate Fund, RMR
Hospitality and Real Estate Fund, RMR F.I.R.E. Fund, RMR Preferred Dividend
Fund, RMR Dividend Capture Fund, RMR Funds Series Trust, RMR Real Estate
Income Fund and New RMR Asia Pacific Real Estate Fund (each, a Fund,
together, the Funds):
WHEREAS
, each of the Funds is an investment company
registered under the Investment Company Act of 1940, as amended (the 1940 Act);
WHEREAS
, each of the Funds is a named insured under certain
fidelity bond coverage that may be in effect from time to time (the Fidelity
Bond), which Fidelity Bond is intended to be in full compliance with Rule 17g-1
under the 1940 Act; and
WHEREAS
, the Funds desire to enter into an agreement in
order to meet the requirements of Rule 17g-1(f) and to assure that
premiums on the Fidelity Bond and any recovery received under the Fidelity Bond
are allocated in a fair and equitable manner;
NOW,
THEREFORE
, the Funds do hereby agree as follows:
1.
Joint Insured Bond.
The Funds have procured from The Hartford
Casualty Insurance Company, a reputable fidelity insurance company, the
Fidelity Bond insuring each Fund against larceny and embezzlement of its
securities and funds by such of its officers and employees who may, singly or
jointly with others, have access to such securities or funds, directly or
through authority to draw upon such funds or to direct generally the
disposition of such securities. The Fidelity Bond names each Fund as an
insured, and complies with the requirements established by Rule 17g-1
under the 1940 Act.
2.
Amount.
The Fidelity Bond is in an amount, based upon
the total assets of each Fund, equal to or in excess of the aggregate of the
minimum coverage required for each of the Funds under Rule 17g-1. The
minimum coverage required for a Fund under Rule 17g-1(d)(1) shall be
referred to herein as the
Minimum Coverage Amount
.
3.
Allocation of Premium.
As of the date of this Agreement and on the
date any renewal or additional premium is due, each Fund will pay the
percentage of the premium due under the Fidelity Bond which is proportionate to
the ratio of (a) the amount of premium that would have been payable by the
Fund had the Fund separately obtained a fidelity bond equal to its Minimum
Coverage Amount, to (b) the aggregate amount of the premiums that would
have been payable by all Funds had each Fund separately obtained a fidelity
bond equal to its Minimum Coverage Amount.
1
4.
Allocation of
Proceeds.
a.
In the event any recovery
under the Fidelity Bond is received as a result of a loss sustained by any of
the Funds, then each Fund sustaining such loss shall receive an equitable and
proportionate share of the recovery, said proportion to be established by the
ratio that the claim bears to the total amount claimed by all participants, but
at least equal to the amount which each such Fund would have received had it
provided and maintained a single insured bond with the Minimum Coverage Amount.
b.
If the recovery is
inadequate to indemnify fully each such Fund sustaining a loss, the recovery
shall be allocated among such Funds as follows:
i.
Each Fund sustaining a loss
shall be allocated an amount equal to the lesser of its actual loss or the
Minimum Coverage Amount.
ii.
The remaining portion of the
proceeds shall be allocated to each Fund sustaining a loss not fully covered by
the allocation under subparagraph (i) in the proportion that each such
Funds gross assets as of the end of the month preceding the loss bears to the
sum of the gross assets of all such Funds. If such allocation would result in
any Fund sustaining a loss receiving a portion of the recovery in excess of the
loss actually sustained by such Fund, the aggregate of such excess portions
shall be allocated among the other Funds whose losses would not be fully
indemnified in the same proportion as each such Funds gross assets bear to the
sum of the gross assets of all Funds entitled to receive a share of the excess
(both determined as of the month end of each Fund preceding the loss). Any
allocation in excess of a loss actually sustained by any such Fund shall be
reallocated in the same manner.
5.
Additional Funds.
If in the future any additional fund is
created (an Additional Fund), and if the insurer is willing to add the
Additional Fund as a named insured under the Fidelity Bond, provided that the
amount of the Fidelity Bond is increased by an amount such that the Fidelity
Bond will continue to comply with Section 2 hereof, and upon giving
written notice to the funds then covered under the Fidelity Bond (including,
for the avoidance of doubt, the Funds and any Additional Funds added as named
insureds under the Fidelity Bond pursuant to this Section 5 after the date
of this Agreement), such Additional Fund shall become subject to this
Agreement.
2
6.
Limitation of Liability.
The obligations of each Fund, entered into in
the name or on behalf of the Fund, by any of the Trustees, officers,
representatives or agents are made not individually, but in such capacities,
and are not binding upon any of the Trustees, shareholders, officers,
representatives or agents of the Fund personally, but bind only the respective
Fund property, and all persons dealing with any class of shares of the Funds
must look solely to the Fund property belonging to such class for the
enforcement of any claims against the Funds.
7.
No Assignment.
This Agreement is not assignable.
8.
Governing Law.
The Agreement shall be construed in
accordance with the laws of the Commonwealth of Massachusetts.
9.
Notices.
All notices and other communications
hereunder shall be in writing and shall be addressed to the appropriate Fund at
400 Centre Street, Newton, Massachusetts 02458.
IN
WITNESS WHEREOF, each of the undersigned entities has caused this Agreement to
be executed by an officer thereunder duly authorized as of the date first written
above.
RMR
REAL ESTATE FUND
RMR
HOSPITALITY AND REAL ESTATE FUND
RMR
F.I.R.E. FUND
RMR
PREFERRED DIVIDEND FUND
RMR
DIVIDEND CAPTURE FUND
RMR
FUNDS SERIES TRUST
RMR
REAL ESTATE INCOME FUND
NEW
RMR ASIA PACIFIC REAL ESTATE FUND
By:
|
/s/
Adam D. Portnoy
|
|
Name:
Adam D. Portnoy
|
Title:
President
|
3
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