Important Notice:
The SEC Requires Proof of Your Fidelity Insurance Policy
Your company is now required to file an electronic copy
of your fidelity insurance coverage (Chubb's ICAP Bond policy)
to the Securities and Exchange Commission (SEC),
according to rules adopted by the SEC on June 12, 2006.
Chubb is in the process of providing your agent/broker
with an electronic copy of your insurance policy as
well as instructions on how to submit this proof of
fidelity insurance coverage to the SEC. You can expect
to receive this information from your agent/broker shortly.
The electronic copy of your policy is provided by Chubb solely
as a convenience and does not affect the terms and
conditions of coverage as set forth in the paper policy
you receive by mail. The terms and conditions of the policy
mailed to you, which are the same as those set forth in the
electronic copy, constitute the entire agreement
between your company and Chubb.
If you have any questions, please contact your agent or broker.
Form 14-02-12160 (ed. 7/2006)
IMPORTANT NOTICE TO POLICYHOLDERS
All of the members of the Chubb Group of Insurance
companies doing business in the United States
(hereinafter "Chubb") distribute their products through
licensed insurance brokers and agents ("producers").
Detailed information regarding the types of compensation paid
by Chubb to producers on US insurance transactions is
available under the Producer Compensation link located at
the bottom of the page at www.chubb.com, or by
calling 1-866-588-9478. Additional information may
be available from your producer.
Thank you for choosing Chubb.
10-02-1295 (ed. 6/2007)
Chubb Group of Insurance Companies
DECLARATIONS
FINANCIAL INSTITUTION INVESTMENT
COMPANY ASSET PROTECTION BOND
Bond Number: 82416717
202B Hall's Mill Road,
Whitehouse Station, New Jersey 08889
NAME OF ASSURED (including its Subsidiaries):
OSI ETF TRUST
60 State Street, Boston, MA 02109
FEDERAL INSURANCE COMPANY
Incorporated under the
laws of Indiana a stock insurance company herein
called the COMPANY
Capital Center, 251 North Illinois, Suite 1100
Indianapolis, IN 46204-1927
ITEM 1. BOND PERIOD: from 12:01 a.m. on December 12, 2019
to 12:01 a.m. on December 12, 2020
ITEM 2.LIMITS OF LIABILITY--DEDUCTIBLE AMOUNTS:
If "Not Covered" is inserted below opposite any specified
INSURING CLAUSE, such INSURING CLAUSE and any other
reference shall be deemed to be deleted. There shall be
no deductible applicable to any loss under INSURING
CLAUSE 1. sustained by any Investment Company.
SINGLE LOSS DEDUCTIBLE
INSURING CLAUSE LIMIT OF LIABILITY AMOUNT
1.Employee $ 900,000 $ 0
2.On Premises $ 900,000 $ 5,000
3.In Transit $ 900,000 $ 5,000
4.Forgery or Alteration $ 900,000 $ 5,000
5.Extended Forgery $ 900,000 $ 5,000
6.Counterfeit Money $ 900,000 $ 5,000
7.Threats to Person $ 900,000 $ 5,000
8.Computer System $ 900,000 $ 5,000
9.Voice Initiated Funds
Transfer Instruction $ 900,000 $ 5,000
10.Uncollectible Items
of Deposit $ 900,000 $ 5,000
11.Audit Expense $ 50,000 $ 2,500
|
ITEM 3. THE LIABILITY OF THE COMPANY IS ALSO SUBJECT TO THE
TERMS OF THE FOLLOWING ENDORSEMENTS EXECUTED SIMULTANEOUSLY
HEREWITH:
1-10
IN WITNESS WHEREOF, THE COMPANY has caused this Bond to be
signed by its authorized officers, but it shall not be valid
unless also signed by an authorized representative of the
Company.
Countersigned by December 3, 2019
ICAP Bond (5-98) -Federal Form 17-02-1421 (Ed. 5-98)
Page 1 of 1
The COMPANY, in consideration of payment of the required
premium, and in reliance on the APPLICATION and all other
statements made and information furnished to the COMPANY
by the ASSURED, and subject to the DECLARATIONS made a part
of this Bond and to all other terms and conditions of this
Bond, agrees to pay the ASSURED for:
Insuring Clauses
Employee 1. Loss resulting directly from Larceny or
Embezzlement committed by any Employee, alone or in
collusion with others.
On Premises 2. Loss of Property resulting directly
from robbery, burglary, false pretenses, common law or
statutory larceny, misplacement, mysterious unexplainable
disappearance, damage, destruction or removal, from the
possession, custody or control of the ASSURED, while such
Property is lodged or deposited at premises located anywhere.
In Transit 3. Loss of Property resulting directly from
common law or statutory larceny, misplacement, mysterious
unexplainable disappearance, damage or destruction, while
the Property is in transit anywhere:
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 ASSURED, or
c. in the custody of a Transportation Company and being
transported in a conveyance other than an armored motor
vehicle provided, however, that covered Property transported
in such manner is limited to the following:
(1) written records,
(2) securities issued in registered form, which are not
endorsed or are restrictively endorsed, or
(3) negotiable instruments not payable to bearer, which
are not endorsed or are restrictively endorsed.
Coverage under this INSURING CLAUSE begins immediately on
the receipt of such Property by the natural person or
Transportation Company and ends immediately on delivery to
the premises of the addressee or to any representative of
the addressee located anywhere.
ICAP Bond (5-98) Form 17-02-1421 (Ed. 5-98) Page 1 of 19
Insuring Clauses
(continued)
Forgery Or Alteration 4. Loss resulting directly from:
a. Forgery on, or fraudulent material alteration of, any
bills of exchange, checks, drafts, acceptances, certificates
of deposits, promissory notes, due bills, money orders,
orders upon public treasuries, letters of credit, other
written promises, orders or directions to pay sums certain
in money, or receipts for the withdrawal of Property, or
b. transferring, paying or delivering any funds or other
Property, or establishing any credit or giving any value
in reliance on any written instructions, advices or
applications directed to the ASSURED authorizing or
acknowledging the transfer, payment, delivery or receipt
of funds or other Property, which instructions, advices
or applications fraudulently purport to bear the
handwritten signature of any customer of the ASSURED, or
shareholder or subscriber to shares of an Investment
Company, or of any financial institution or Employee but
which instructions, advices or applications either bear
a Forgery or have been fraudulently materially altered
without the knowledge and consent of such customer,
shareholder, subscriber, financial institution or Employee;
excluding, however, under this INSURING CLAUSE any loss
covered under INSURING CLAUSE 5. of this Bond, whether or
not coverage for INSURING CLAUSE 5. is provided for in
the DECLARATIONS of this Bond.
For the purpose of this INSURING CLAUSE, a mechanically
reproduced facsimile signature is treated the same as a
handwritten signature.
Extended Forgery
5. Loss resulting directly from the
ASSURED having, in good faith, and in the ordinary course
of business, for its own account or the account of others
in any capacity:
a. acquired, accepted or received,
sold or delivered, or given value, extended credit or
assumed liability, in reliance on any original Securities,
documents or other written instruments which prove to:
(1) bear a Forgery or a fraudulently material alteration,
(2) have been lost or stolen, or
(3) be Counterfeit, or
b. guaranteed in writing or witnessed any signatures on
any transfer, assignment, bill of sale, power of attorney,
guarantee, endorsement or other obligation upon or in
connection with any Securities, documents or other written
instruments.
Actual physical possession, and continued actual physical
possession if taken as collateral, of such Securities,
documents or other written instruments by an Employee,
Custodian, or a Federal or State chartered deposit
institution of the ASSURED is a condition precedent to the
ASSURED having relied on such items. Release or return
of such collateral is an acknowledgment by the ASSURED
that it no longer relies on such collateral.
ICAP Bond (5-98)
Form 17-02-1421 (Ed. 5-98) Page 2 of 19
Insuring Clauses
Extended Forgery (continued)
For the purpose of this INSURING
CLAUSE, a mechanically reproduced facsimile
signature is treated the same as a handwritten
signature.
Counterfeit Money
6. Loss resulting directly from
the receipt by the ASSURED in good faith of any
Counterfeit money.
Threats To Person
7. Loss resulting directly from
surrender of Property away from an office of the
ASSURED as a result of a threat communicated to the
ASSURED to do bodily harm to an Employee as defined
in Section 1.e. (1), (2) and (5), a Relative or
invitee of such Employee, or a resident of the household
of such Employee, who is, or allegedly is, being
held captive provided, however, that prior to the
surrender of such Property:
a. the Employee who receives the threat has made a
reasonable effort to notify an officer of the ASSURED
who is not involved in such threat, and
b. the ASSURED has made a reasonable effort to notify
the Federal Bureau of Investigation and local law
enforcement authorities concerning such threat.
It is agreed that for purposes of this INSURING CLAUSE,
any Employee of the ASSURED, as set forth in the
preceding paragraph, shall be deemed to be an ASSURED
hereunder, but only with respect to the surrender
of money, securities and other tangible personal
property in which such Employee has a legal or
equitable interest.
Computer System
8. Loss resulting directly from
fraudulent:
a. entries of data into, or
b. changes of data elements or programs within,
a Computer System, provided the fraudulent entry or
change causes:
(1) funds or other property to be transferred, paid
or delivered,
(2) an account of the ASSURED or of its customer to
be added, deleted, debited or credited, or
(3) an unauthorized account or a fictitious account
to be debited or credited.
ICAP Bond (5-98) Form 17-02-1421 (Ed. 5-98) Page 3 of 19
Insuring Clauses (continued)
Voice Initiated Funds Transfer Instruction
9. Loss resulting directly from Voice Initiated Funds
Transfer Instruction directed to the ASSURED
authorizing the transfer of dividends or redemption
proceeds of Investment Company shares from a
Customer's account, provided such Voice Initiated
Funds Transfer Instruction was:
a. received at the ASSURED'S offices by those
Employees of the ASSURED specifically authorized
to receive the Voice Initiated Funds Transfer
Instruction,
b. made by a person purporting to be a Customer,
and
c. made by said person for the purpose of causing
the ASSURED or Customer to sustain a loss or making
an improper personal financial gain for such
person or any other person.
In order for coverage to apply under this INSURING
CLAUSE, all Voice Initiated Funds Transfer
Instructions must be received and processed in
accordance with the Designated Procedures outlined
in the APPLICATION furnished to the COMPANY.
Uncollectible Items of Deposit
10. Loss resulting directly from the ASSURED having
credited an account of a customer, shareholder or
subscriber on the faith of any Items of Deposit which
prove to be uncollectible, provided that the crediting
of such account causes:
a. redemptions or withdrawals to be permitted,
b. shares to be issued, or
c. dividends to be paid,
from an account of an Investment Company.
In order for coverage to apply under this INSURING
CLAUSE, the ASSURED must hold Items of Deposit for
the minimum number of days stated in the APPLICATION
before permitting any redemptions or withdrawals,
issuing any shares or paying any dividends with
respect to such Items of Deposit.
Items of Deposit shall not be deemed uncollectible
until the ASSURED'S standard collection procedures
have failed.
Audit Expense
11. Expense incurred by the ASSURED for that
part of the cost of audits or examinations
required by any governmental regulatory
authority or self-regulatory organization to be
conducted by such authority, organization or
their appointee by reason of the discovery
of loss sustained by the ASSURED and covered
by this Bond.
ICAP Bond (5-98)
Form 17-02-1421 (Ed. 5-98) Page 4 of 19
General Agreements
Additional Companies Included As Insured
A. If more than one corporation, or Investment
Company, or any combination of them is included
as the ASSURED herein:
(1) The total liability of the COMPANY
under this Bond for loss or losses sustained
by any one or more or all of them shall
not exceed the limit for which the COMPANY
would be liable under this Bond if all
such loss were sustained by any one of them.
(2) Only the first named ASSURED shall be deemed
to be the sole agent of the others for all purposes
under this Bond, including but not limited to the
giving or receiving of any notice or proof required
to be given and for the purpose of effecting or
accepting any amendments to or termination of this
Bond. The COMPANY shall furnish each Investment
Company with a copy of the Bond and with any
amendment thereto, together with a copy of each
formal filing of claim by any other named ASSURED
and notification of the terms of the settlement
of each such claim prior to the execution of
such settlement.
(3) The COMPANY shall not be responsible for the
proper application of any payment made hereunder
to the first named ASSURED.
(4) Knowledge possessed or discovery made by any
partner, director, trustee, officer or supervisory
employee of any ASSURED shall constitute knowledge
or discovery by all the ASSUREDS for the purposes
of this Bond.
(5) If the first named ASSURED ceases for any
reason to be covered under this Bond, then the
ASSURED next named on the APPLICATION shall
thereafter be considered as the first named ASSURED
for the purposes of this Bond.
Representation Made By Assured
B. The ASSURED represents
that all information it has furnished in the
APPLICATION for this Bond or otherwise is
complete, true and correct. Such APPLICATION and
other information constitute part of this Bond.
The ASSURED must promptly notify the COMPANY of
any change in any fact or circumstance which
materially affects the risk assumed by the COMPANY
under this Bond.
Any intentional misrepresentation, omission,
concealment or incorrect statement of a material
fact, in the APPLICATION or otherwise, shall be
grounds for recision of this Bond.
ICAP Bond (5-98) Form 17-02-1421 (Ed. 5-98) Page 5 of 19
General Agreements
(continued)
Additional Offices Or Employees - Consolidation, Merger
Or Purchase Or Acquisition Of Assets Or Liabilities - Notice
To Company
C. If the ASSURED, other
than an Investment Company, while this Bond is in
force, merges or consolidates
with, or purchases or acquires assets or
liabilities of another institution, the
ASSURED shall not have the coverage afforded under
this Bond for loss which has:
(1) occurred or will occur on premises, or
Company
(2) been caused or will be caused by an employee,
or
(3) arisen or will arise out of the assets or
liabilities, of such institution, unless the
ASSURED:
a. gives the COMPANY written notice of the
proposed consolidation, merger or
purchase or acquisition of assets or liabilities
prior to the proposed effective
date of such action, and
b. obtains the written consent of the COMPANY to
extend some or all of the
coverage provided by this Bond to such additional
exposure, and
c. on obtaining such consent, pays to the COMPANY
an additional premium.
Change Of Control - Notice To Company
D. When the ASSURED learns
of a change in control (other than in an Investment
Company), as set forth in Section
2(a) (9) of the Investment Company Act of
1940, the ASSURED shall within sixty (60) days
give written notice to the
COMPANY setting forth:
(1) the names of the transferors and transferees
(or the names of the beneficial
owners if the voting securities are registered
in another name),
(2) 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
(3) the total number of outstanding voting
securities.
Failure to give the required notice shall result
in termination of coverage for any
loss involving a transferee, to be effective on
the date of such change in control.
Court Costs And Attorney' Fees
E. The COMPANY will
indemnify the ASSURED for court costs and reasonable
attorneys' fees incurred
and paid by the ASSURED in defense, whether or
not successful, whether or not fully litigated on
the merits and whether or not settled, of any
claim, suit or legal proceeding with respect to
which the ASSURED would be entitled to recovery
under this Bond. However, with respect to INSURING
CLAUSE 1., this Section shall only apply in the
event that:
(1)an Employee admits to being guilty of Larceny
or Embezzlement,
(2)an Employee is adjudicated to be guilty of
Larceny or Embezzlement, or
ICAP Bond (5-98)
Form 17-02-1421 (Ed. 5-98) Page 6 of 19
General Agreements
Court Costs And Attorneys' Fees (continued)
(3) in the absence of 1 or 2 above,
an arbitration panel agrees, after a review of
an agreed statement of facts
between the COMPANY and the ASSURED,
that an Employee would be found guilty
of Larceny or Embezzlement if
such Employee were prosecuted.
The ASSURED shall promptly give notice to the
COMPANY of any such suit or legal proceeding and
at the request of the COMPANY shall furnish copies
of all pleadings and pertinent papers to the
COMPANY. The COMPANY may, at its sole option, elect
to conduct the defense of all or part of such
legal proceeding. The defense by the COMPANY shall
be in the name of the ASSURED through attorneys
selected by the COMPANY. The ASSURED shall provide
all reasonable information and assistance as
required by the COMPANY for such defense.
If the COMPANY declines to defend the ASSURED, no
settlement without the prior written consent of
the COMPANY nor judgment against the ASSURED shall
determine the existence, extent or amount of
coverage under this Bond.
If the amount demanded in any such suit or legal
proceeding is within the DEDUCTIBLE AMOUNT, if
any, the COMPANY shall have no liability for court
costs and attorney's fees incurred in defending
all or part of such suit or legal proceeding.
If the amount demanded in any such suit or legal
proceeding is in excess of the LIMIT OF LIABILITY
stated in ITEM 2. of the DECLARATIONS for the
applicable INSURING CLAUSE, the COMPANY'S liability
for court costs and attorney's fees incurred in
defending all or part of such suit or legal
proceedings is limited to the proportion of such
court costs and attorney's fees incurred that
the LIMIT OF LIABILITY stated in ITEM 2. of the
DECLARATIONS for the applicable INSURING CLAUSE
bears to the total of the amount demanded in such
suit or legal proceeding.
If the amount demanded is any such suit or legal
proceeding is in excess of the DEDUCTIBLE AMOUNT,
if any, but within the LIMIT OF LIABILITY stated
in ITEM
2. of the DECLARATIONS for the
applicable INSURING CLAUSE, the COMPANY'S
liability for court costs and attorney's
fees incurred in defending all or part of
such suit or legal proceedings shall be limited
to the proportion of such court costs or
attorney's fees that the amount demanded that
would be payable under this Bond after application
of the DEDUCTIBLE AMOUNT, bears to the total
amount demanded.
Amounts paid by the COMPANY for court costs and
attorneys' fees shall be in addition to the
LIMIT OF LIABILITY stated in ITEM 2. of the
DECLARATIONS.
ICAP Bond (5-98)
Form 17-02-1421 (Ed. 5-98) Page 7 of 19
Conditions And Limitations
Definitions 1. As used in this Bond:
a. Computer System means a computer and all
input, output, processing, storage, off-line
media libraries, and communication facilities which
are connected to the computer and which are under
the control and supervision of the operating
system(s) or application(s) software used by
the ASSURED.
b. Counterfeit means an imitation of an actual
valid original which is intended to deceive
and be taken as the original.
c. Custodian means the institution designated
by an Investment Company to maintain
possession and control of its assets.
d. Customer means an individual, corporate,
partnership, trust customer, shareholder or
subscriber of an Investment Company which has
a written agreement with the ASSURED for
Voice Initiated Funds Transfer Instruction.
e. Employee means:
(1) an officer of the ASSURED,
(2) a natural person while in the regular
service of the ASSURED at any of the ASSURED'S
premises and compensated directly by the
ASSURED through its payroll system and subject
to the United States Internal Revenue Service
Form W-2 or equivalent income reporting plans of
other countries, and whom the ASSURED 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) a guest student pursuing studies or performing
duties in any of the ASSURED'S premises,
(4) an attorney retained by the ASSURED and an
employee of such attorney while either is performing
legal services for the ASSURED,
(5) a natural person provided by an employment
contractor to perform employee duties for the ASSURED
under the ASSURED'S supervision at any of the
ASSURED'S premises,
(6) an employee of an institution merged or
consolidated with the ASSURED prior to the effective
date of this Bond,
(7) a director or trustee of the ASSURED, but
only while performing acts within the scope of
the customary and usual duties of any officer or
other employee of the ASSURED or while acting
as a member of any committee duly elected
or appointed to examine
or audit or have custody of or access to
Property of the ASSURED, or
ICAP Bond (5-98)
Form 17-02-1421 (Ed. 5-98) Page 8 of 19
Conditions And Limitations
Definitions (continued) (8) each natural
person, partnership or corporation authorized
by written agreement with the ASSURED to
perform services as 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 ASSURED'S computer software
or programs, or
b. acting as transfer agent or in any other
agency capacity in issuing checks, drafts or
securities for the ASSURED,
(9) any partner, officer or employee of an
investment advisor, an underwriter (distributor),
a transfer agent or shareholder accounting
recordkeeper, or an administrator, for an
Investment Company while performing acts coming
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 committee
duly elected or appointed 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 accounting recordkeeper 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 Bond does not afford coverage in favor
of the employers of persons as set forth in e.
(4), (5) and (8) above, and upon payment to
the ASSURED by the COMPANY resulting directly
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 such of
the ASSURED'S rights and causes of action as
it may have against such employers by reason
of such acts so committed shall, to the extent
of such payment, be given by the ASSURED to
the COMPANY, and the ASSURED shall execute all
papers necessary to secure to the COMPANY
the rights provided for herein.
Each employer of persons as set forth in e.
(4), (5) and (8) above and the partners,
officers and other employees of such employers
shall collectively be deemed to be one person
for all the purposes of this Bond; excepting,
however, the fifth paragraph of Section 13.
Independent contractors not specified in e.
(4), (5) or (8) above, intermediaries, agents,
brokers or other representatives of the same
general character shall not be considered Employees.
ICAP Bond (5-98)
Form 17-02-1421 (Ed. 5-98) Page 9 of 19
Conditions And Limitations
Definitions
(continued)
f.Forgery means the signing of the name of another
natural person with the intent to deceive but
does not mean a signature which consists in
whole or in part of one's own name, with or
without authority, in any capacity for any
purpose.
g. Investment Company means any investment company
registered under the Investment Company Act
of 1940 and listed under the NAME OF ASSURED
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 defined in Section 37 of
the Investment Company Act of 1940.
j. Property means money, revenue and other
stamps; securities; including any note, stock,
treasury stock, bond, debenture, evidence
of indebtedness, certificate of deposit,
certificate of interest 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, any interest or
instruments commonly known as a security 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; bills of exchange; acceptances;
checks; withdrawal orders; money orders;
travelers' letters of credit; bills of lading;
abstracts of title; insurance policies,
deeds, mortgages on real estate and/or upon
chattels and interests therein; assignments
of such policies, deeds or mortgages; other
valuable papers, including books of accounts
and other records used by the ASSURED in the
conduct of its business (but excluding all
electronic data processing records); and,
all other instruments similar to or in the
nature of the foregoing in which the ASSURED
acquired an interest at the time of the
ASSURED'S consolidation or merger with, or
purchase of the principal assets of, a
predecessor or which are held by the ASSURED
for any purpose or in any capacity and whether
so held gratuitously or not and whether or not
the ASSURED is liable therefor.
k. Relative means the spouse of an Employee or
partner of the ASSURED and any unmarried child
supported wholly by, or living in the home of,
such Employee or partner and being related to
them by blood, marriage or legal guardianship.
l. Securities, documents or other written
instruments means original (including original
counterparts) negotiable or non-negotiable
instruments, or assignments thereof, which
in and of themselves represent an equitable
interest, ownership, or debt and which are
in the ordinary course of business
transferable by delivery of such
instruments with any necessary endorsements
or assignments.
ICAP Bond (5-98)
Form 17-02-1421 (Ed. 5-98) Page 10 of 19
Conditions And Limitations
Definitions (continued)
m. Subsidiary means
any organization that, at the inception date
of this Bond, is named in the APPLICATION or
is created during the BOND PERIOD and of which
more than fifty percent (50%) of the outstanding
securities or voting rights representing the
present right to vote for election of directors
is owned or controlled by the ASSURED either
directly or through one or more of its
subsidiaries.
n. Transportation Company means any organization
which provides its own or its leased vehicles
for transportation or which provides freight
forwarding or air express services.
o. Voice Initiated Election means any election
concerning dividend options available to
Investment Company shareholders or subscribers
which is requested by voice over the telephone.
p. Voice Initiated Redemption means any
redemption of shares issued by an Investment
Company which is requested by voice over the
telephone.
q. Voice Initiated Funds Transfer Instruction
means any Voice Initiated Redemption or Voice
Initiated Election.
For the purposes of these definitions, the
singular includes the plural and the plural
includes the singular, unless otherwise indicated.
General Exclusions-Applicable to All Insuring
Clauses
2. This bond does not directly or
indirectly cover:
a. loss not reported to the
COMPANY in writing within sixty (60) days after
termination of this Bond as an entirety;
b. 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. This Section 2.b., however,
shall not apply to loss which occurs in transit
in the circumstances recited in INSURING CLAUSE
3., provided that when such transit was initiated
there was no knowledge on the part of any
person acting for the ASSURED of such riot, civil
commotion, military, naval or usurped power,
war or insurrection;
c. loss resulting from the effects of nuclear
fission or fusion or radioactivity;
d. loss of potential income including, but not
limited to, interest and dividends not realized
by the ASSURED or by any customer of the ASSURED;
e. damages of any type for which the ASSURED is
legally liable, except compensatory damages,
but not multiples thereof, arising from a loss
covered under this Bond;
f.costs, fees and expenses incurred by the
ASSURED in establishing the existence of or
amount of loss under this Bond, except
to the extent covered under INSURING
CLAUSE 11.;
g.loss resulting from indirect or
consequential loss of any nature;
ICAP Bond (5-98)
Form 17-02-1421 (Ed. 5-98) Page 11 of 19
Conditions And Limitations
General Exclusions- Applicable to All Insuring
Clauses (continued)
h. loss resulting from
dishonest acts by any member of the Board of
Directors or Board of Trustees of the ASSURED
who is not an Employee, acting alone or in collusion
with others;
i. loss, or that
part of any loss, resulting solely from any
violation by the ASSURED or by any Employee:
(1 ) of any law regulating:
a. the issuance,
purchase or sale of securities,
b. securities
transactions on security or commodity exchanges
or the over the counter market,
c. investment
companies,
d. investment advisors, or
(2) of any rule or regulation made pursuant to any
such law; or
j. loss of confidential information,
material or data;
k. loss resulting from voice
requests or instructions received over the
telephone, provided however, this Section 2.k.
shall not apply to INSURING CLAUSE 7. or 9.
Specific Exclusions- Applicable To
All Insuring Clauses Except Insuring
Clause 1.
3 . This Bond does not
directly or indirectly cover:
a. loss caused by an Employee,
provided, however, this Section 3.a. shall
not apply to loss
covered under INSURING CLAUSE 2. or 3. which
results directly from misplacement,
mysterious unexplainable disappearance, or
damage or destruction of Property;
b. loss through the surrender of property away
from premises of the ASSURED as a result of a
threat:
(1) to do bodily harm to any natural
person, except loss of Property in transit
in the custody of any person acting as
messenger of the ASSURED, provided that when
such transit was initiated there was no
knowledge by the ASSURED of any such threat,
and provided further that this Section 3.b.
shall not apply to INSURING CLAUSE 7., or
(2) to do damage to the premises or Property
of the ASSURED;
c. loss resulting from payments
made or withdrawals from any account involving
erroneous credits to such account;
d. loss involving Items of Deposit which are not
finally paid for any reason provided however, that
this Section 3.d. shall not apply to INSURING
CLAUSE 10.;
e. loss of property while in the mail;
ICAP Bond (5-98)
Form 17-02-1421 (Ed. 5-98) Page 12 of 19
Conditions And Limitations
Specific Exclusions-Applicable To All Insuring
Clauses Except Insuring Clause 1. (continued)
f. 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
ASSURED provided further that this Section 3.f.
shall not apply to loss of Property resulting
directly from robbery, burglary, misplacement,
mysterious unexplainable disappearance, damage,
destruction or removal from the possession,
custody or control of the ASSURED.
g. loss of Property
while in the custody of a Transportation Company,
provided however, that this Section 3.g. shall
not apply to INSURING CLAUSE 3.;
h. loss resulting
from entries or changes made by a natural person
with authorized access to a Computer System who
acts in good faith on instructions, unless such
instructions are given to that person by a
software contractor or its partner, officer, or
employee authorized by the ASSURED to design,
develop, prepare, supply, service, write or
implement programs for the ASSURED's Computer
System;
i. or loss resulting directly or indirectly
from the input of data into a Computer System
terminal, either on the premises of the customer
of the ASSURED or under the control of such a
customer, by a customer or other person who
had authorized access to the customer's
authentication mechanism.
Specific Exclusions-Applicable To All Insuring
Clauses Except Insuring Clauses 1., 4., And 5.
4. This bond does not directly or indirectly
cover:
a. 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;
provided, however, this Section 4.a. shall not
apply to INSURING CLAUSE 8.;
b. loss resulting
from forgery or any alteration;
c. loss involving a counterfeit provided, however, this
Section 4.c. shall not apply to INSURING CLAUSE
5. or 6.
Limit Of Liability/Non-Reduction And Non-
Accumulation Of Liability
5. At all times
prior to termination of this Bond, this Bond
shall continue in force for the limit stated in
the applicable sections of ITEM 2. of the
DECLARATIONS, notwithstanding any previous loss
for which the COMPANY may have paid or be liable
to pay under this Bond provided, however, that
the liability of the COMPANY under this Bond
with respect to all loss resulting from:
a. any
one act of burglary, robbery or hold-up, or
attempt thereat, in which no Employee is
concerned or implicated, or
b. any one unintentional or negligent act on the part
of any one person resulting in damage to or
destruction or misplacement of Property, or
c. all acts, other than those specified in a. above,
of any one person, or
ICAP Bond (5-98)
Form 17-02-1421 (Ed. 5-98) Page 13 of 19
Conditions And Limitations
Limit Of Liability/Non-Reduction And
Non-Accumulation Of Liability (continued)
d. any one casualty
or event other than those specified in a., b.,
or c. above, shall be deemed to be one loss and
shall be limited to the applicable LIMIT OF
LIABILITY stated in ITEM 2. of the DECLARATIONS
of this Bond irrespective of the total amount
of such loss or losses and shall not be
cumulative in amounts from year to year or from
period to period.
All acts, as specified in c. above, of any one
person which
i. directly or indirectly aid in any way wrongful
acts of any other person or persons, or
ii. 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.
Discovery
6 . This Bond applies only to loss
first discovered by an officer of the ASSURED
during the BOND PERIOD. Discovery occurs at the
earlier of an officer of the ASSURED being
aware of:
a. facts which may subsequently result in a loss
of a type covered by this Bond, or
b. an actual or potential claim in which it is
alleged that the ASSURED is liable to a third
party,
regardless of when the act or acts causing or
contributing to such loss occurred, even though
the amount of loss does not exceed the
applicable DEDUCTIBLE AMOUNT, or the exact
amount or details of loss may not then be known.
Notice To Company- Proof - Legal Proceedings
Against Company
7. a. The ASSURED shall give
the COMPANY notice thereof at the earliest
practicable moment, not to exceed sixty (60)
days after discovery of loss, in an amount that
is in excess of 50% of the applicable DEDUCTIBLE
AMOUNT, as stated in ITEM 2. of the DECLARATIONS.
b. The ASSURED shall furnish to the COMPANY proof
of loss, duly sworn to, with full particulars
within six (6) months after such discovery.
c. Securities listed in a proof of loss shall be
identified by certificate or bond numbers, if
issued with them.
d. 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
COMPANY or after the expiration of twenty-four
(24) months from the discovery of such loss.
e. This Bond affords coverage only in favor of
the ASSURED. No claim, suit, action or legal
proceedings shall be brought under this Bond by
anyone other than the ASSURED.
ICAP Bond (5-98)
Form 17-02-1421 (Ed. 5-98) Page 14 of 19
Conditions And Limitations
Notice To Company- Proof - Legal Proceedings
Against Company (continued)
f. Proof of loss
involving Voice Initiated Funds Transfer
Instruction shall include electronic
recordings of such instructions.
Deductible Amount
8 . The COMPANY shall not
be liable under any INSURING CLAUSES of this
Bond on account of loss unless the amount of
such loss, after deducting the net amount of
all reimbursement and/or recovery obtained or
made by the ASSURED, other than from any Bond
or policy of insurance issued by an insurance
company and covering such loss, or by the COMPANY
on account thereof prior to payment by the
COMPANY of such loss, shall exceed the DEDUCTIBLE
AMOUNT set forth in ITEM 3. of the DECLARATIONS,
and then for such excess only, but in no event
for more than the applicable LIMITS OF LIABILITY
stated in ITEM 2. of the DECLARATIONS.
There shall be no deductible applicable to any
loss under INSURING CLAUSE 1. sustained by any
Investment Company.
Valuation
9 . BOOKS OF ACCOUNT OR OTHER
RECORDS The value of any loss of Property
consisting of books of account or other records
used by the ASSURED in the conduct of its
business shall be the amount paid by the
ASSURED 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 ASSURED for the
actual transcription or copying of data to
reproduce such books of account or other records.
The value of any loss of Property other than
books of account or other records used by the
ASSURED in the conduct of its business, for
which a claim is made shall be determined by the
average market value of such Property on the
business day immediately preceding discovery of
such loss provided, however, that the value of
any Property replaced by the ASSURED with the
consent of the COMPANY and prior to the
settlement of any claim for such Property shall
be the actual market value at the time of
replacement.
In the case of a loss of interim certificates,
warrants, rights or other securities, the
production of which is necessary to the exercise
of subscription, conversion, redemption or
deposit privileges, the value of them shall be
the market value of such privileges immediately
preceding their expiration if said loss is not
discovered until after their expiration. If no
market price is quoted for such Property or for
such privileges, the value shall be fixed by
agreement between the parties.
OTHER PROPERTY
The value of any loss of Property, other than as
stated above, shall be the actual cash value or
the cost of repairing or replacing
such Property with Property of like quality and
value, whichever is less.
ICAP Bond (5-98)
Form 17-02-1421 (Ed. 5-98) Page 15 of 19
Conditions And Limitations (continued)
Securities Settlement
10 . In the event of a
loss of securities covered under this Bond, the
COMPANY may, at its sole discretion, purchase
replacement securities, tender the value of the
securities in money, or issue its indemnity to
effect replacement securities.
The indemnity required from the ASSURED under
the terms of this Section against all loss, cost
or expense arising from the replacement of
securities by the COMPANY'S indemnity shall be:
a. for securities having a value less than or
equal to the applicable DEDUCTIBLE AMOUNT -one
hundred (100%) percent;
b. for securities having a value in excess of
the DEDUCTIBLE AMOUNT but within the applicable
LIMIT OF LIABILITY -the percentage that the
DEDUCTIBLE AMOUNT bears to the value of the
securities;
c. for securities having a value greater than
the applicable LIMIT OF LIABILITY -the percentage
that the DEDUCTIBLE AMOUNT and portion in
excess of the applicable LIMIT OF LIABILITY bears
to the value of the securities.
The value referred to in Section 10.a., b.,
and c. is the value in accordance with Section 9,
VALUATION, regardless of the value of such
securities at the time the loss under the
COMPANY'S indemnity is sustained.
The COMPANY is not required to issue its indemnity
for any portion of a loss of securities which
is not covered by this Bond; however, the COMPANY
may do so as a courtesy to the ASSURED and at
its sole discretion.
The ASSURED shall pay the proportion of the
Company's premium charge for the Company's
indemnity as set forth in Section 10.a., b.,
and c. No portion of the LIMIT OF LIABILITY
shall be used as payment of premium for any
indemnity purchased by the ASSURED to obtain
replacement securities.
Subrogation -Assignment -11. Recovery
In the event of a payment under this Bond, the
COMPANY shall be subrogated to all of the ASSURED'S
rights of recovery against any person or entity to
the extent of such payment. On request, the
ASSURED shall deliver to the COMPANY an assignment
of the ASSURED'S rights, title and interest
and causes of action against any person or entity
to the extent of such payment.
Recoveries, whether effected by the COMPANY or
by the ASSURED, shall be applied net of the
expense of such recovery in the following order:
a. first, to the satisfaction of the ASSURED'S
loss which would otherwise have been paid but for
the fact that it is in excess of the applicable
LIMIT OF LIABILITY,
b.second, to the COMPANY in satisfaction of
amounts paid in settlement of the ASSURED'S
claim,
c.
third, to the ASSURED in satisfaction of the
applicable DEDUCTIBLE AMOUNT, and
ICAP Bond (5-98)
Form 17-02-1421 (Ed. 5-98) Page 16 of 19
Conditions And Limitations
Subrogation -Assignment- Recovery (continued)
d. fourth, to the
ASSURED in satisfaction of any loss suffered by
the ASSURED which was not covered under
this Bond.
Recovery from reinsurance or
indemnity of the COMPANY shall not be deemed a
recovery under this section.
Cooperation Of Assured
12. At the COMPANY'S
request and at reasonable times and places
designated by the COMPANY, the ASSURED shall:
a. submit to examination by the COMPANY and
subscribe to the same under oath,
b. produce for the COMPANY'S examination all
pertinent records, and
c. cooperate with the COMPANY in all matters
pertaining to the loss.
The ASSURED shall execute all papers and render
assistance to secure to the COMPANY the rights
and causes of action provided for under this
Bond. The ASSURED shall do nothing after loss to
prejudice such rights or causes of action.
Termination
13 . If the Bond is for a sole
ASSURED, it shall not be terminated unless
written notice shall have been 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.
If the Bond is for a joint ASSURED, it shall not
be terminated unless written notice shall have
been given by the acting party to the affected
party, and by the COMPANY to all ASSURED
InvestmentCompanies and to the Securities
and Exchange Commission, Washington, D.C.,
not less than sixty (60) days prior to the
effective date of such termination.
This Bond will terminate as to any one ASSURED,
other than an Investment Company:
a. immediately on the taking over of such ASSURED
by a receiver or other liquidator or by State or
Federal officials, or
b. immediately on the filing of a petition under
any State or Federal statute relative to
bankruptcy or reorganization of the ASSURED, or
assignment for the benefit of creditors of the
ASSURED, or
c. immediately upon such ASSURED ceasing to exist,
whether through merger into another entity,
disposition of all of its assets or otherwise.
The COMPANY shall refund the unearned premium
computed at short rates in accordance with the
standard short rate cancellation tables if
terminated by the ASSURED or pro rata if
terminated for any other reason.
ICAP Bond (5-98)
Form 17-02-1421 (Ed. 5-98) Page 17 of 19
Conditions And Limitations
Termination (continued)
If any partner,
director, trustee, or officer or supervisory
employee of an ASSURED not acting in collusion
with an Employee learns of any dishonest act
committed by such Employee at any time, whether
in the employment of the ASSURED or otherwise,
whether or not such act is of the type covered
under this Bond, and whether against the ASSURED
or any other person or entity, the ASSURED:
a. shall immediately remove such Employee from
a position that would enable such Employee to
cause the ASSURED to suffer a loss covered by
this Bond; and
b. within forty-eight (48) hours
of learning that an Employee has committed any
dishonest act, shall notify the COMPANY, of such
action and provide full particulars of such
dishonest act.
The COMPANY may terminate coverage
as respects any Employee sixty (60) days
after written notice is received by each ASSURED
Investment Company and the Securities and
Exchange Commission, Washington, D.C. of its
desire to terminate this Bond as to such
Employee.
Other Insurance
14. Coverage under this
Bond shall apply only as excess over any valid
and collectible insurance, indemnity or
suretyship obtained by or on behalf of:
a. the ASSURED,
b. a Transportation Company, or
c. another entity on whose premises the loss
occurred or which employed the person causing the
loss or engaged the messenger conveying the
Property involved.
Conformity
15. If any
limitation within this Bond is prohibited
by any law controlling this Bond's
construction, such limitation
shall be deemed to be amended so as to equal
the minimum period of limitation provided by
such law.
Change or Modification
16. This Bond or
any instrument amending or affecting this Bond
may not be changed or modified orally. No
change in or modification of this Bond shall
be effective except when made by written
endorsement to this Bond signed by an authorized
representative of the COMPANY.
If this Bond
is for a sole ASSURED, no change or modification
which would adversely affect the rights of
the ASSURED shall be effective prior to sixty
(60) days after written notice has been
furnished to the Securities and Exchange
Commission, Washington, D.C., by the acting party.
ICAP Bond (5-98)
Form 17-02-1421 (Ed. 5-98) Page 18 of 19
Conditions And Limitations
Change or Modification (continued)
If this Bond is for a
joint ASSURED, no charge or modification which
would (continued) adversely affect the
rights of the ASSURED shall be effective
prior to sixty (60)days after written
notice has been furnished to all insured
Investment Companies and to the Securities
and Exchange Commission, Washington, D.C.,
by the COMPANY.
ICAP Bond (5-98)
Form 17-02-1421 (Ed. 5-98) Page 19 of 19
FEDERAL INSURANCE COMPANY
Endorsement No.: 1
Bond Number: 82416717
NAME OF ASSURED: OSI ETF TRUST
REVISE ITEM 2. ENDORSEMENT
It is agreed that this Bond is amended by deleting
ITEM 2. in its entirety on the DECLARTIONS and
substituting the following:
ITEM 2. LIMITS OF LIABILITY-DEDUCTIBLE AMOUNTS:
If "Not Covered" is inserted below opposite any specified
INSURING CLAUSE, such INSURING CLAUSEand any other
reference to such INSURING CLAUSE in this Bond shall be
deemed to be deleted. There shall be no deductible
applicable to any loss under INSURING CLAUSE 1 sustained
by any Investment Company.
SINGLE LOSS DEDUCTIBLE
INSURING CLAUSE LIMIT OF LIABILITY AMOUNT
1.Employee $ 900,000 $ 0
2.On Premises $ 900,000 $ 5,000
3.In Transit $ 900,000 $ 5,000
4.Forgery or Alteration $ 900,000 $ 5,000
5.Extended Forgery $ 900,000 $ 5,000
6.Counterfeit Money $ 900,000 $ 5,000
7.Threats to Person $ 900,000 $ 5,000
8.Computer System $ 900,000 $ 5,000
9.Voice Initiated Funds
Transfer Instruction $ 900,000 $ 5,000
10.Uncollectible Items
of Deposit $ 9000,000 $ 5,000
11.Audit Expense $ 50,000 $ 2,500
12. Stop Payment $ 50,000 $ 2,500
13. Telefacsimile Intruction $ 900,000 $ 5,000
14. Unauthorized Signature $ 900,000 $ 5,000
15. Claims Expenses $ 50,000 $2,500
|
This Endorsement applies to loss discovered after 12:01 a.m. on
December 12, 2019.
ALL OTHER TERMS AND CONDITIONS OF THIS BOND REMAIN UNCHANGED.
Date: December 3, 2019
ICAP Bond
Form 17-02-1582 (Ed. 5-98) Page 1
FEDERAL INSURANCE COMPANY
Endorsement No.: 2
Bond Number: 82416717
NAME OF ASSURED: OSI ETF TRUST
STOP PAYMENT ORDER OR REFUSAL TO
PAY CHECK ENDORSEMENT
It is agreed that this Bond is amended as
follows:
1. By adding the following INSURING CLAUSE:
"12 . Stop Payment Order or Refusal to Pay Check
Loss resulting directly from the ASSURED being legally
liable to pay compensatory damages for:
a. complying or failing to comply with notice
from any customer of the ASSURED or any
authorized representative of such customer, to
stop payment on any check or draft made or
drawn upon or against the ASSURED by such customer
or by any authorized representative of such customer, or
b. refusing to pay any check or draft made or drawn
upon or against the ASSURED by any customer of
the ASSURED or by any authorized representative
of such customer."
2. By adding the following Specific Exclusion:
"Section 4.A. Specific Exclusions - Applicable
to INSURING CLAUSE 12
This Bond does not directly or indirectly cover:
a. liability assumed by the ASSURED by agreement
under any contract, unless such liability would
have attached to the ASSURED even in the absence of
such agreement,
b. loss arising out of:
(1 ) libel, slander, wrongful entry, eviction, defamation,
false arrest, false imprisonment, malicious prosecution,
assault or battery,
(2) sickness, disease, physical bodily harm, mental
or emotional distress or anguish, or death of any person,
or
(3 ) discrimination."
This Endorsement applies to loss discovered after
12:01 a.m. on December 12, 2019.
ALL OTHER TERMS AND CONDITIONS OF THIS BOND
REMAIN UNCHANGED.
Date: December 3, 2019
ICAP Bond
Form 17-02-2365 (Ed. 10-00)
FEDERAL INSURANCE COMPANY
Endorsement No: 3
Bond Number: 82416717
NAME OF ASSURED: OSI ETF TRUST
TELEFACSIMILE INSTRUCTION FRAUD ENDORSEMENT
It is agreed that this Bond is amended as
follows:
1. By adding the following INSURING CLAUSE:
13. Telefacsimile Instruction
Loss resulting directly from the ASSURED
having transferred, paid or delivered any
funds or other Property or established any
credit, debited any account or given any
value on the faith of any fraudulent
instructions sent by a Customer, financial
institution or another office of the ASSURED
by Telefacsimile directly to the ASSURED
authorizing or acknowledging the transfer,
payment or delivery of funds or Property or
the establishment of a credit or the debiting
of an account or the giving of value by the
ASSURED where such Telefacsimile instructions:
a. bear a valid test key exchanged between
the ASSURED and a Customer or another financial
institution with authority to use such test
key for Telefacsimile instructions in the
ordinary course of business, but which test key
has been wrongfully obtained by a person who
was not authorized to initiate, make, validate
or authenticate a test key arrangement, and
b. fraudulently purport to have been sent by
such Customer or financial institution when such
Telefacsimile instructions were transmitted
without the knowledge or consent of such
Customer or financial institution by a person
other than such Customer or financial
institution and which bear a Forgery of a
signature, provided that the Telefacsimile
instruction was verified by a direct call back
to an employee of the financial institution,
or a person thought by the ASSURED to be the
Customer, or an employee of another financial
institution.
2. By deleting from Section 1., Definitions, the
definition of Customer in its entirety, and
substituting the following:
d. Customer means an individual, corporate,
partnership, trust customer, shareholder or
subscriber of an Investment Company which has
a written agreement with the ASSURED for
Voice Initiated Funds Transfer Instruction or
Telefacsimile Instruction.
ICAP Bond
Form 17-02-2367 (Rev. 10-03) Page 1
3. By adding to Section 1., Definitions, the
following:
r. Telefacsimile means a system of transmitting
written documents by electronic signals over
telephone lines to equipment maintained by
the ASSURED for the purpose of reproducing a
copy of said document. Telefacsimile does
not mean electronic communication sent by
Telex or similar means of communication, or
through an electronic communication system
or through an automated clearing house.
4 . By adding to Section 3., Specific
Exclusions Applicable to All Insuring
Clauses Except Insuring Clause 1. the
following:
j. loss resulting directly or indirectly
from Telefacsimile instructions provided,
however, this exclusion shall not apply to
this INSURING CLAUSE.
This Endorsement applies to loss discovered
after 12:01 a.m. on December 12, 2019.
ALL OTHER TERMS AND CONDITIONS OF THIS
BOND REMAIN UNCHANGED.
Date: December 3, 2019
ICAP Bond Form 17-02-2367
(Rev. 10-03) Page 2
FEDERAL INSURANCE COMPANY
Endorsement 4
Bond No. 82416717
Name of Assured: OSI ETF TRUST
UNAUTHORIZED SIGNATURE ENDORSEMENT
It is agreed that this Bond is amended as follows:
1. By adding the following INSURING CLAUSE:
14. Unauthorized Signature
Loss resulting directly from the ASSURED
having accepted, paid or cashed any check or
Withdrawal Order made or drawn on or against
the account of the ASSURED'S customer
which bears the signature or endorsement of
one other than a person whose name and signature
is on file with the ASSURED as a signatory on
such account.
It shall be a condition precedent to the ASSURED'S
right of recovery under this INSURING
CLAUSE that the ASSURED shall have on file signatures
of all the persons who are signatories
on such account.
2. By adding to Section 1., Definitions, the following:
s. Instruction means a written order to the issuer of
an Uncertificated Security requesting that the
transfer, pledge or release from pledge of the
specified Uncertificated Security be registered.
t. Uncertificated Security means a share,
participation or
other interest in property of or an
enterprise of the issuer or an obligation of
the issuer, which is:
(1) not represented by an instrument and the transfer
of which is registered on books maintained for that
purpose by or on behalf of the issuer, and
(2) of a type commonly dealt in on securities
exchanges or markets, and
(3) either one of a class or series or by its terms
divisible into a class or series of shares,
participations, interests or obligations.
ICAP Bond
Form 17-02-5602 (Ed. 10-03) Page 1
u. Withdrawal Order means a non-negotiable
instrument, other than an Instruction, signed by a
customer of the ASSURED authorizing
the ASSURED to debit the customer's account in the
amount of funds stated therein.
This Endorsement applies to loss discovered after
12:01 a.m. on December 12, 2019.
ALL OTHER TERMS AND CONDITIONS OF THIS BOND
REMAIN UNCHANGED.
Date: December 3, 2019
ICAP Bond
Form 17-02-5602 (Ed. 10-03) Page 2
FEDERAL INSURANCE COMPANY
Endorsement No: 5
Bond Number: 82416717
NAME OF ASSURED: OSI ETF TRUST
CLAIMS EXPENSE ENDORSEMENT
It is agreed that this Bond is amended as follows:
1. By adding the following INSURING CLAUSE:
15. Claims Expense
Reasonable expense incurred by the ASSURED, solely for
independent firms or individuals to determine the
amount of loss where:
(1) the loss is covered under the Bond, and
(2) the loss is in excess of the applicable DEDUCTIBLE AMOUNT.
2. Under General Exclusions-Applicable To All Insuring
Clauses, Section 2.f. does not apply to loss
covered under this INSURING CLAUSE.
This Endorsement applies to loss discovered after
12:01 a.m. on December 12, 2019.
ALL OTHER TERMS AND CONDITIONS OF THIS BOND REMAIN UNCHANGED.
Date: December 3, 2019
ICAP Bond
Form 17-02-06282 (Rev. 11-04) Page 1
FEDERAL INSURANCE COMPANY
Endorsement No: 6
Bond Number: 82416717
NAME OF ASSURED: OSI ETF TRUST
NAME OF ASSURED ENDORSEMENT
It is agreed that the NAME OF ASSURED in the
DECLARATIONS is amended to read as follows:
OSI ETF Trust
O'Shares FTSE Russell Small Cap Quality Dividend ETF
O'Shares FTSE U.S. Quality Dividend ETF
O'Shares FTSE Europe Quality Dividend ETF
O'Shares Global Internet Giants ETF
This Endorsement applies to loss discovered
after 12:01 a.m. on December 12, 2019.
ALL OTHER TERMS AND CONDITIONS OF THIS
BOND REMAIN UNCHANGED.
Date: December 3, 2019
ICAP Bond
Form 17-02-0949 (Rev. 1-97) Page 1
ENDORSEMENT/RIDER
Effective date of
this endorsement/rider: December 12, 2019
FEDERAL INSURANCE COMPANY
Endorsement/Rider No. 7
To be attached to and
form a part of Bond No. 82416717
Issued to: OSI ETF TRUST
AUTOMATIC INCREASE IN LIMITS ENDORSEMENT
In consideration of the premium charged,
it is agreed that GENERAL AGREEMENTS,
Section C. Additional Offices Or
Employees-Consolidation, Merger Or
Purchase Or Acquisition Of Assets Or
Liabilities-Notice To
Company, is amended by adding the following
subsection:
Automatic Increase in Limits for
Investment Companies
If an increase in bonding limits is required
pursuant to rule 17g-1 of the Investment
Company Act of 1940 ("the Act"), due to:
(i)
the creation of a new Investment Company,
other than by consolidation or merger
with, or purchase or acquisition of
assets or liabilities of, another
institution; or
(ii)
an increase in asset size of current
Investment Companies covered under this
Bond,
then the minimum required increase in
limits shall take place automatically
without payment of additional premium for
the remainder of the BOND PERIOD.
The title and any headings in this
endorsement/rider are solely for convenience
and form no part of the terms and
conditions of coverage.
All other terms, conditions and limitations
of this Bond shall remain unchanged.
14-02-14098 (04/2008) Page 1
ENDORSEMENT/RIDER
Effective date of
this endorsement/rider: December 12, 2019
FEDERAL INSURANCE COMPANY
Endorsement/Rider No. 8
To be attached to and
form a part of Policy No. 82416717
Issued to: OSI ETF TRUST
COMPLIANCE WITH APPLICABLE TRADE SANCTION
LAWS
It is agreed that this insurance does not
apply to the extent that trade or economic
sanctions or other
similar laws or
regulations prohibit the coverage provided
by this insurance.
The title and any headings in this
endorsement/rider are solely for
convenience and form no part of the
terms
and conditions of coverage.
All other terms, conditions and limitations
of this Bond shall remain unchanged.
14-02-9228 (02/2010) Page 1
ENDORSEMENT/RIDER
Effective date of
this endorsement/rider: December 12, 2019
FEDERAL INSURANCE COMPANY
Endorsement/Rider No. 9
To be attached to and
form a part of Bond No. 82416717
Issued to: OSI ETF TRUST
DELETING VALUATION-OTHER PROPERTY AND AMENDING
CHANGE OR MODIFICATION ENDORSEMENT
In consideration of the premium charged, it
is agreed that this Bond is amended as
follows:
1. The paragraph titled Other Property in
Section 9, Valuation, is deleted in its
entirety.
2. The third paragraph in Section 16,
Change or Modification, is deleted in
its entirety and replaced with the
following: If this Bond is for a joint
ASSURED, no change or modification which
would adversely affect the rights of
the ASSURED shall be effective prior to
sixty (60) days after written notice has
been furnished to all insured Investment
Companies and the Securities and Exchange
Commission, Washington, D.C., by the
COMPANY.
The title and any headings in this endorsement
/rider are solely for convenience and form no
part of the
terms and conditions of coverage.
All other terms, conditions and limitations
of this Bond shall remain unchanged.
17-02-2437 (12/2006) rev.
Page 1
FEDERAL INSURANCE COMPANY
Endorsement No: 10
Bond Number: 82416717
Name of Assured: OSI ETF Trust
TERMINATION-NONRENEWAL-NOTICE ENDORSEMENT
It is agreed that this Bond is amended as follows:
1 . By adding to Section 13., Termination, the
following:
"Termination By The Company Bonds In Effect For More
Than Sixty (60) Days
If this Bond has been in effect for more than
sixty (60) days, or, if this Bond is a renewal, the
COMPANY may terminate by providing written notice of
cancellation at least sixty (60) days before the
effective date of termination for at least one of the
following reasons:
1. Nonpayment of premium;
2. Discovery of fraud or material misrepresentation in
obtaining this Bond or in the presentation of a
claim thereunder;
3. Discovery of willful or reckless acts or
omissions or violation of any provision of this
Bond on the part of the ASSURED which substantially
and materially increases any hazard insured against,
and which occurred subsequent to the inception of
the current BOND PERIOD;
4. Conviction of the ASSURED of a crime arising out of
acts increasing the hazard insured against;
5. Material change in the risk which increases the
risk of loss after insurance coverage has been
issued or renewed, except to the extent that the
COMPANY should reasonably have foreseen the
change, or contemplated the risk when the contract
was written;
6. Determination by the Commissioner that the
continuation of the Bond would jeopardize a
COMPANY'S solvency or would place the COMPANY
in violation of the insurance laws of any
state;
7. Determination by the Commissioner that
continuation of the present premium volume of the
COMPANY would jeopardize the COMPANY'S policyholders,
creditors or the public;
8. Such other reasons that are approved by the
Commissioner;
9. Determination by the Commissioner that the
COMPANY no longer has adequate reinsurance to
meet the ASSUREDS needs;
10. Substantial breaches of contractual duties,
conditions or warranties; or
11. Unfavorable underwriting facts, specific to
the ASSURED, existing that were not present at the
inception of the Bond.
ICAP Bond
Form 17-02-1360 (Rev. 10-99) Page 1
Bonds In Effect Sixty (60) Days Or Less
If this Bond has been in effect for sixty
(60) days or less, and it is not a renewal Bond,
the COMPANY may terminate for any reason by
providing written notice of termination at least
sixty (60) days before
the effective date of termination.
Notice Of Termination
Notice of termination under this Section shall
be mailed or delivered, by certified mail,
return receipt provided by the United States
Postal Service, to the ASSURED and to the
authorized agent or broker, if
any, at least sixty (60) days prior to
the effective date of cancellation at the address
shown on the DECLARATIONS of this Bond.
If this Bond is cancelled for nonpayment of premium,
the COMPANY will mail or deliver, by certified
mail, return receipt provided by the United
States Postal Service, a written notice at
least thirty (30)
days before the effective date of cancellation.
The cancellation notice shall contain information
regarding the amount of premium due and the due
date, and shall state the effect of nonpayment by
the due date. Cancellation shall not be effective
if payment of the amount due is made prior to the
effective date of cancellation.
All notice of cancellation shall state the reason(s)
for cancellation.
There is no liability on the part of, and no
cause of action of any nature shall arise against,
the COMPANY, its authorized representatives, its
employees, or any firm, person or corporation
furnishing to the COMPANY, information relating to
the reasons for cancellation or nonrenewal, for any
statement made by them in complying or enabling
the COMPANY to comply with this Section, for the
provision of information pertaining thereto, or for
statements made or evidence submitted at any hearings
conducted in connection therewith, if such
information was provided in good faith and without
malice.
Notice Of Nonrenewal
If the COMPANY elects not to renew this Bond,
the COMPANY shall mail or deliver written notice, by
certified mail, return receipt, provided by the
United States Postal Service, to the ASSURED,
at his last known address, at least sixty (60) days
before the expiration date or before the anniversary date,
if this Bond has been written for a term of more
than one (1) year. Such notice shall also be mailed to the
ASSURED'S agent or broker, if any.
Such notice shall contain all of the following:
a. Bond Number:
b. Date of Notice;
c. Reason for Cancellation;
d. Expiration Date of the Bond;
e. Effective Date and Hour of Cancellation.
Notice of nonrenewal shall not be required
if the COMPANY or a COMPANY within the same insurance
group has offered to issue a renewal Bond,
the ASSURED has obtained replacement coverage or has
agreed in writing to obtain replacement coverage,
the ASSURED has requested or agreed to
nonrenewal, or the Bond is expressly designated
as nonrenewable.
ICAP Bond
Form 17-02-1360 (Rev. 10-99) Page 2
Return Premium Calculations
Any unearned premiums which have been paid by the
ASSURED shall be refunded to the ASSURED
on a pro rata basis if terminated by the
COMPANY or the ASSURED. The unearned premiums
shall be refunded to the ASSURED within forty-five (45)
days of receipt of the request for cancellation or the
effective date of cancellation, whichever is later.
Conditional Renewal
If the COMPANY offers or purports to renew the Bond,
but on less favorable terms or at higher rates,
the new terms or higher premiums may take effect
on the renewal date, if the COMPANY mails or
delivers by certified mail, return receipt provided
by the United States Postal Service, to the ASSURED,
notice of the new terms or premiums at least sixty (60)
days prior to the renewal date. If the
COMPANY notifies the ASSURED within sixty (60)
days prior to the renewal date, the new terms or
premiums do not take effect until sixty (60) days
after the notice is mailed or delivered, in which case,
the ASSURED may elect to cancel the renewal
Bond within the sixty (60) day period. If the COMPANY
does not notify the ASSURED of the new terms or
premiums, the COMPANY shall continue the Bond
at the expiring terms and premiums until notice
is given or until the effective date of replacement
coverage is obtained by the ASSURED, whichever occurs
first."
2 . It is further understood and agreed that for the
purposes of Section 13., Termination, any occurrence
listed in this Section shall be considered to be a
request by the ASSURED to immediately terminate this
Bond.
This Endorsement applies to loss discovered after
12:01 a.m. on December 12, 2019.
ALL OTHER TERMS AND CONDITIONS OF THIS BOND REMAIN UNCHANGED.
Date: December 3, 2019
ICAP Bond
Form 17-02-1360 (Rev. 10-99) Page 3
This regulatory filing also includes additional resources:
osifidelitybond20192020.pdf
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