July
7, 2011
VIA EDGAR
Office of Registration and Reports
U. S. Securities and Exchange Commission
100 F Street NE
Washington, DC 20549-0505
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Re:
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EGA Emerging Global Shares Trust SEC File No. 811-22255
Fidelity Bond Filing (Form 40-17G)
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On behalf of EGA Emerging Global Shares Trust (the Trust), enclosed for filing, pursuant to Rule 17g-1 of the Investment Company Act of 1940, as amended (the 1940 Act) are the following documents:
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1.
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A copy of the Fidelity Bond and any riders
thereto for the Trust (attached as Exhibit A); and
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2.
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A copy of the resolutions ratified at the
May 19, 2011 meeting of the Board of Trustees of the Trust in which a
majority of the Trustees who are not interested persons of
the Trust as defined by Section 2(a)(19) of the 1940 Act approved the
amount, type, form and coverage of the Fidelity Bond and the portion of
the premium paid by the Trust (attached as Exhibit B).
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The premium in the amount of $1,728 was paid for the period May 19, 2011 and ending May 19, 2012.
Please contact me by phone at (212) 298-1856 or by e-mail at linda.ridolfi@bnymellon.com if you have any questions.
Sincerely,
/s/ Linda R. Ridolfi
Linda R. Ridolfi
Vice President
The Bank of New York Mellon
cc:
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Melanie Zimdars, ALPS Fund
Services, Inc.
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Michael Mabry, Esq., Stradley
Ronon Stevens & Young, LLP
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INVESTMENT COMPANY BLANKET BOND
NATIONAL UNION FIRE INSURANCE COMPANY
OF PITTSBURGH, PA
(A stock Insurance Company, herein Called the Underwriter)
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DECLARATIONS
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Item 1.
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Name of Insured
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EGA Emerging Global Shares Trust
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BOND NUMBER
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6214350
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Principal
Address:
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171 East Ridgewood Avenue
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Ridgewood NJ 07450
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(Herein called the Insured)
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Item 2.
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Bond Period from 12:01 a.m. on 05/19/2011
to 12:01 a.m. on 05/19/2012.
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The effective date of the termination or cancellation of this
bond, standard time at the Principal
Address as to each of the said dates.
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Item 3.
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Limit of Liability
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Subject to Section 9, 10, and 12 hereof:
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Limit of Liability
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Deductible Amount
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Insuring Agreement A FIDELITY
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$1,000,000
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$0
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Insuring Agreement B AUDIT EXPENSE
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$25,000
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$5,000
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Insuring Agreement C ON PREMISES
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$1,000,000
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$5,000
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Insuring Agreement D IN TRANSIT
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$1,000,000
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$5,000
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Insuring Agreement E FORGERY OR ALTERATION
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$1,000,000
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$5,000
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Insuring Agreement F SECURITIES
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$1,000,000
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$5,000
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Insuring Agreement G COUNTERFEIT CURRENCY
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$1,000,000
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$5,000
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Insuring Agreement H STOP PAYMENT
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$25,000
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$5,000
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Insuring Agreement I UNCOLLECTIBLE ITEMS OF
DEPOSIT
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$25,000
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$5,000
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OPTIONAL COVERAGES ADDED BY RIDER:
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Insuring Agreement J - COMPUTER SYSTEMS
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$1,000,000
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$5,000
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Insuring Agreement K - UNAUTHORIZED SIGNATURES
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$25,000
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$5,000
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Insuring Agreement L - AUTOMATED PHONE SYSTEMS
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Not Covered
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Not Covered
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Insuring Agreement M - TELEFACSIMILE
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Not Covered
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Not Covered
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If Not Covered is inserted above opposite any
specified Insuring Agreement or Coverage, such Insuring Agreement or Coverage
and any other reference thereto in this bond shall be deemed to be deleted
therefrom.
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Item 4.
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Office or Premises Covered Offices acquired
or established subsequent to the effective date of this bond are covered
according to the terms of General Agreement A. All other Insureds
offices or premises in existence at the time this bond becomes effective
are covered under this bond except the offices or premises located as follows:
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No Exceptions
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Item 5.
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The Liability of the Underwriter is subject
to the terms of the following riders attached hereto:
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103012 (10/09), 103003 (10/09),
89644 (7/05), 103004 (10/09), 103011 (10/09),
91222
(12/09), SR5538, 41206 (9/84)
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Item 6.
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The Insured by the acceptance of this bond
gives notice to the Underwriter terminating or cancelling 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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Item 7.
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Premium Amount: $1,728
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FHFC Florida Hurricane Fund:
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Total Premium: $1,728
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Issue Date:
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06/22/2011
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By:
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Authorized Representative
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INVESTMENT COMPANY BLANKET BOND
The Underwriter, in consideration of an agreed premium, and subject to the Declarations made a part hereof, the General Agreements, Conditions and Limitations and other terms of this bond, agrees with the Insured, in accordance with the Insuring Agreements hereof to which an amount of insurance is applicable as set forth in Item 3 of the Declarations and with respect to loss sustained by the Insured at any time but discovered during the Bond Period, to indemnify and hold harmless the Insured for:
INSURING AGREEMENTS
(A) FIDELITY
Loss resulting from any dishonest or fraudulent act(s), including Larceny or Embezzlement committed by an Employee, committed anywhere and whether committed alone or in collusion with others, including loss of Property resulting from such acts of an Employee, which Property is held by the Insured for any purpose or in any capacity and whether so held gratuitously or not and whether or not the Insured is liable therefor.
Dishonest or fraudulent act(s) as used in this Insuring Agreement shall mean only dishonest or fraudulent act(s) committed by such Employee with the manifest intent:
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(a)
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to cause the Insured to sustain such loss;
and
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(b)
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to obtain financial benefit for the Employee,
or for any other person or organization intended by the Employee to receive
such benefit, other than salaries, commissions, fees, bonuses, promotions,
awards, profit sharing, pensions or other employee benefits earned in
the normal course of employment.
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(B) AUDIT EXPENSE
Expense incurred by the Insured for that part
of the costs of audits or examinations required by any governmental regulatory
authority to be conducted either by such authority or by an independent accountant
by reason of the discovery of loss sustained by the Insured through any dishonest
or fraudulent act(s), including Larceny or Embezzlement of any of the Employees.
The total liability of the Underwriter for such expense by reason of such acts
of any Employee or in which such Employee is concerned or implicated or with
respect to any one audit or examination is limited to the amount stated opposite
Audit Expense in Item 3 of the Declarations; it being understood, however, that
such expense shall be deemed to be a loss sustained by the Insured through any
dishonest or fraudulent act(s), including Larceny or Embezzlement of one or
more of the Employees and the liability under this paragraph shall be in addition
to the Limit of liability stated in Insuring Agreement (A) in Item 3 of the
Declarations.
(C) ON PREMISES
Loss of Property (occurring with or without negligence or violence) through robbery, burglary, Larceny, theft, holdup, or other fraudulent means, misplacement, mysterious unexplainable disappearance, damage thereto or destruction thereof, abstraction or removal from the possession, custody or control of the Insured, and loss of subscription, conversion, redemption or deposit privileges through the misplacement or loss of Property, while the Property is (or is supposed or believed by the Insured to be) lodged or deposited within any offices or premises located anywhere, except in an office listed in Item 4 of the Declarations or amendment thereof or in the mail or with a carrier for hire other than an armored motor vehicle company, for the purpose of transportation.
Offices and Equipment
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(1)
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Loss of or damage to, furnishings, fixtures,
stationery, supplies or equipment, within any of the Insureds offices
covered under this bond caused by Larceny or theft in, or by burglary,
robbery or holdup of such office, or attempt thereat, or by vandalism
or malicious mischief; or
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(2)
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loss through damage to any such office
by Larceny or theft in, or by burglary, robbery or holdup of such office
or attempt thereat, or to the interior of any such office by vandalism
or malicious mischief provided, in any event, that the Insured is the
owner of such offices, furnishings, fixtures, stationery, supplies or
equipment or is legally liable for such loss or damage, always excepting,
however, all loss or damage through fire.
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(D) IN TRANSIT
Loss of Property (occurring with or without negligence or violence) through robbery, Larceny, theft, holdup, misplacement, mysterious unexplainable disappearance, being lost or otherwise made away with, damage thereto or destruction thereof, and loss of subscription, conversion, redemption or deposit privileges through the misplacement or loss of Property, while the Property is in transit anywhere in the custody of any person or persons acting as messenger, except while in the mail or with a carrier for hire, other than an armored motor vehicle company, for the purpose of transportation, such transit to begin immediately upon receipt of such Property by the transporting person or persons, and to end immediately upon delivery thereof at destination.
(E) FORGERY OR ALTERATION
Loss through FORGERY or ALTERATION of, on or
in any bills of exchange, checks, drafts, acceptances, certificates of deposit.
promissory notes, or other written promises, orders or directions to pay sums
certain in money, due bills, money orders, warrants, orders upon public treasuries,
letters of credit, written instructions, advices or applications directed to
the Insured, authorizing or acknowledging the transfer, payment, delivery or
receipt of funds or Property, which instructions or advices or applications
purport to have been signed or endorsed by any customer of the Insured, shareholder
or subscriber to shares, whether certificated or uncertificated, of any Investment
Company or by any financial or banking institution or stockbroker but which
instructions, advices or applications either bear the forged signature or endorsement
or have been altered without the knowledge and consent of such customer, shareholder
or subscriber to shares, whether certificated or uncertificated, of an Investment
Company, financial or banking institution or stockbroker, withdrawal orders
or receipts for the withdrawal of funds or Property, or receipts or certificates
of deposit for Property and bearing the name of the Insured as issuer, or of
another Investment Company for which the Insured acts as agent, excluding, however,
any loss covered under Insuring Agreement (F) hereof whether or not coverage
for Insuring Agreement (F) is provided for in the Declarations of this bond.
Any check or draft (a) made payable to a fictitious payee and endorsed in the name of such fictitious payee or (b) procured in a transaction with the maker or drawer thereof or with one acting as an agent of such maker or drawer or anyone impersonating another and made or drawn payable to the one so impersonated and endorsed by anyone other than the one impersonated, shall be deemed to be forged as to such endorsement.
Mechanically reproduced facsimile signatures are treated the same as handwritten signatures.
(F) SECURITIES
Loss sustained by the Insured, including loss sustained by reason of a violation of the constitution, by-laws, rules or regulations of any Self Regulatory Organization of which the Insured is a member or which would have been imposed upon the Insured by the constitution, by-laws, rules or regulations of any Self Regulatory Organization if the Insured had been a member thereof,
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(1)
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through the Insureds having, in good
faith and in the course of business, whether for its own account or for
the account of others, in any representative, fiduciary, agency or any
other capacity, either gratuitously or otherwise, purchased or otherwise
acquired, accepted or received, or sold or delivered, or given any value,
extended any credit or assumed any liability, on the faith of, or otherwise
acted upon, any securities, documents or other written instruments which
prove to have been
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(a)
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counterfeited, or
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(b)
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forged as to the signature of any maker,
drawer, issuer, endorser, assignor, lessee, transfer agent or registrar,
acceptor, surety or guarantor or as to the signature of any person signing
in any other capacity, or
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(c)
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raised or otherwise altered, or lost,
or stolen, or
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(2)
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through the Insureds having, in good
faith and in the course of business, guaranteed in writing or witnessed
any signatures whether for valuable consideration or not and whether or
not such guaranteeing or witnessing is ultra vires the Insured, upon any
transfers, assignments, bills of sale, powers of attorney, guarantees,
endorsements or other obligations upon or in connection with any securities,
documents or other written instruments and which pass or purport to pass
title to such securities, documents or other written instruments; EXCLUDING,
losses caused by FORGERY or ALTERATION of, on or in those instruments
covered under Insuring Agreement (E) hereof.
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Securities, documents or other written instruments shall be deemed to
mean original (including original counterparts) negotiable or non-negotiable
agreements which in and of themselves represent an equitable interest, ownership,
or debt, including an assignment thereof which instruments are in the ordinary
course of business, transferable by delivery of such agreements with any
necessary endorsement or assignment.
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The word counterfeited as used in this Insuring Agreement shall be deemed
to mean any security, document or other written instrument which is intended
to deceive and to be taken for an original.
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Mechanically produced facsimile signatures are treated the same as handwritten
signatures.
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(G) COUNTERFEIT CURRENCY
Loss through the receipt by the Insured, in good faith, of any counterfeited money orders or altered paper currencies or coin of the United States of America or Canada issued or purporting to have been issued by the United States of America or Canada or issued pursuant to a United States of America or Canadian statute for use as currency.
(H) STOP PAYMENT
Loss against any and all sums which the Insured shall become obligated to pay by reason of the Liability imposed upon the Insured by law for damages:
For having either complied with or failed to comply with any written notice
of any customer, shareholder or subscriber of the Insured or any Authorized
Representative of such customer, shareholder or subscriber to stop payment
of any check or draft made or drawn by such customer, shareholder or subscriber
or any Authorized Representative of such customer, shareholder or subscriber,
or
For having refused to pay any check or draft made or drawn by any customer,
shareholder or subscriber of the Insured or any Authorized Representative
of such customer, shareholder or subscriber.
(I) UNCOLLECTIBLE ITEMS OF DEPOSIT
Loss resulting from payments of dividends or fund shares, or withdrawals permitted from any customers, shareholders or subscribers account based upon Uncollectible Items of Deposit of a customer, shareholder or subscriber credited by the Insured or the Insureds agent to such customers, shareholders or subscribers Mutual Fund Account; or
loss resulting from any Item of Deposit processed through an Automated Clearing House which is reversed by the customer, shareholder or subscriber and deemed uncollectible by the Insured.
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Loss includes dividends and interest accrued not to exceed 15% of the Uncollectible Items which are deposited.
This Insuring Agreement applies to all Mutual
Funds with exchange privileges if all Fund(s) in the exchange program are
insured by a National Union Fire Insurance Company of Pittsburgh, PA for Uncollectible
Items of Deposit. Regardless of the number of transactions between Fund(s),
the minimum number of days of deposit within the Fund(s) before withdrawal as
declared in the Fund(s) prospectus shall begin from the date a deposit was first
credited to any Insured Fund(s).
GENERAL AGREEMENTS
A.
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ADDITIONAL OFFICES OR EMPLOYEES CONSOLIDATION OR MERGER NOTICE
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1.
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If the Insured shall, while this bond
is in force, establish any additional office or offices, such office or
offices shall be automatically covered hereunder from the dates of their
establishment, respectively. No notice to the Underwriter of an increase
during any premium period in the number of offices or in the number of
Employees at any of the offices covered hereunder need be given and no
additional premium need be paid for the remainder of such premium period.
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2.
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If an Investment Company, named as Insured
herein, shall, while this bond is in force, merge or consolidate with,
or purchase the assets of another institution, coverage for such acquisition
shall apply automatically from the date of acquisition. The Insured shall
notify the Underwriter of such acquisition within 60 days of said date,
and an additional premium shall be computed only if such acquisition involves
additional offices or employees.
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No statement made by or on behalf of the Insured, whether contained in the application or otherwise, shall be deemed to be a warranty of anything except that it is true to the best of the knowledge and belief of the person making the statement.
C.
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COURT COSTS AND ATTORNEYS FEES
(Applicable to all Insuring Agreements or Coverages now or hereafter forming
part of this bond)
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The Underwriter will indemnify the Insured against court costs and reasonable attorneys fees incurred and paid by the Insured in defense, whether or not successful, whether or not fully litigated on the merits and whether or not settled of any suit or legal proceeding brought against the Insured to enforce the Insureds liability or alleged liability on account of any loss, claim or damage which, if established against the Insured, would constitute a loss sustained by the Insured covered under the terms of this bond provided, however, that with respect to Insuring Agreement (A) this indemnity shall apply only in the event that
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(1)
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an Employee admits to being guilty of
any dishonest or fraudulent act(s), including Larceny or Embezzlement;
or
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(2)
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an Employee is adjudicated to be guilty
of any dishonest or fraudulent act(s), including Larceny or Embezzlement;
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(3)
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in the absence of (1) or (2) above an
arbitration panel agrees, after a review of an agreed statement of facts,
that an Employee would be found guilty of dishonesty if such Employee
were prosecuted.
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The Insured shall promptly give notice to the Underwriter of any such suit or legal proceeding and at the request of the Underwriter shall furnish it with copies of all pleadings and other papers therein. At the Underwriters election the Insured shall permit the Underwriter to conduct the defense of such suit or legal proceeding, in the Insureds name, through attorneys of the Underwriters selection. In such event, the Insured shall give all reasonable information and assistance which the Underwriter shall deem necessary to the proper defense of such suit or legal proceeding.
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If the amount of the Insureds liability or
alleged liability is greater than the amount recoverable under this bond, or if a Deductible Amount is applicable, or both, the liability of the Underwriter under this General Agreement is limited to the proportion of court costs and attorneys fees incurred and paid by the Insured or by the Underwriter that the amount recoverable under this bond bears to the total of such amount plus the amount which is not so recoverable. Such indemnity shall be in addition to the Limit of Liability for the applicable Insuring Agreement or Coverage.
D. FORMER EMPLOYEE
Acts of an Employee, as defined in this bond, are covered under Insuring Agreement (A) only while the Employee is in the Insureds employ. Should loss involving a former Employee of the Insured be discovered subsequent to the termination of employment, coverage would still apply under Insuring Agreement (A) if the direct proximate cause of the loss occurred while the former Employee performed duties within the scope of his/her employment.
THE FOREGOING INSURING AGREEMENTS AND
GENERAL AGREEMENTS ARE SUBJECT TO
THE FOLLOWING CONDITIONS
AND LIMITATIONS:
SECTION 1. DEFINITIONS
The following terms, as used in this bond, shall have the respective meanings stated in this Section:
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(a)
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Employee means:
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(1)
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any of the Insureds officers, partners,
or employees, and
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(2)
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any of the officers or employees of any
predecessor of the Insured whose principal assets are acquired by the
Insured by consolidation or merger with, or purchase of assets or capital
stock of such predecessor, and
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(3)
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attorneys retained by the Insured to perform
legal services for the Insured and the employees of such attorneys while
such attorneys or the employees of such attorneys are performing such
services for the Insured, and
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(4)
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guest students pursuing their studies
or duties in any of the Insureds offices, and
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(5)
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directors or trustees of the Insured,
the investment advisor, underwriter (distributor), transfer agent, or
shareholder accounting record keeper, or administrator authorized by written
agreement to keep financial and/or other required records, but only while
performing acts coming within the scope of the usual duties of an officer
or employee or while acting as a member of any committee duly elected
or appointed to examine or audit or have custody of or access to the Property
of the Insured, and
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(6)
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any individual or individuals assigned to perform the usual
duties of an employee within the premises of the Insured, by contract, or
by any agency furnishing temporary personnel on a contingent or part-time
basis, and
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(7)
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each natural person, partnership or corporation authorized
by written agreement with the Insured to perform services as electronic
data processor of checks or other accounting records of the Insured, but
excluding any such processor who acts as transfer agent or in any other
agency capacity in issuing checks, drafts or securities for the Insured,
unless included under Sub-section (9) hereof, and
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(8)
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those persons so designated in Section 15, Central Handling
of Securities, and
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(9)
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any officer, partner or Employee of
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a)
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an investment advisor,
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b)
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an underwriter (distributor),
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c)
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a transfer agent or shareholder accounting record-keeper, or
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d)
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an administrator authorized by written agreement to keep
financial and/or other required records,
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for an Investment Company named as Insured while performing
acts coming within the scope of the usual duties of an officer or Employee
of any Investment Company named as Insured herein, or while acting as a
member of any committee duly elected or appointed to examine or audit or
have custody of or access to the Property of any such Investment Company,
provided that only Employees or partners of a transfer agent, shareholder
accounting record-keeper or administrator which is an affiliated person
as defined in the Investment Company Act of 1940, of an Investment Company
named as Insured or is an affiliated person of the adviser, underwriter
or administrator of such Investment Company, and which is not a bank, shall
be included within the definition of Employee.
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Each employer of temporary personnel or processors as set
forth in Sub-Sections (6) and of Section 1(a) and their partners, officers
and employees shall collectively be deemed to be one person for all the
purposes of this bond, excepting, however, the last paragraph of Section
13.
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Brokers, or other agents under contract or representatives of
the same general character shall not be considered Employees.
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(b)
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Property means money (i.e., currency, coin, bank notes,
Federal Reserve notes), postage and revenue stamps, U.S. Savings Stamps,
bullion, precious metals of all kinds and in any form and articles made
therefrom, jewelry, watches, necklaces, bracelets, gems, precious and semi-precious
stones, bonds, securities, evidences of debts, debentures, scrip, certificates,
interim receipts, warrants, rights, puts, calls, straddles, spreads, transfers,
coupons, drafts, bills of exchange, acceptances, notes, checks, withdrawal
orders, money orders, warehouse receipts, bills of lading, conditional sales
contracts, abstracts of title, insurance policies, deeds, mortgages under
real estate and/or chattels and upon interests therein, and assignments
of such policies, mortgages and instruments, and other valuable papers,
including books of account and other records used by the Insured in the
conduct of its business, and all other instruments similar to or in the
nature of the foregoing including Electronic Representations of such instruments
enumerated above (but excluding all data processing records) in which the
Insured has an interest or in which the Insured acquired or should have
acquired an interest by reason of a predecessors declared financial condition
at the time of the Insureds consolidation or merger with, or purchase of
the principal assets of, such predecessor or which are held by the Insured
for any purpose or in any capacity and whether so held by the Insured for
any purpose or in any capacity and whether so held gratuitously or not and
whether or not the Insured is liable therefor.
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(c)
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Forgery means the signing of the name of another with intent
to deceive; it does not include the signing of ones own name with or without
authority, in any capacity, for any purpose.
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(d)
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Larceny and Embezzlement as it applies to any named Insured
means those acts as set forth in Section 37 of the Investment Company Act
of 1940.
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(e)
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Items of Deposit means any one or more checks and drafts.
Items of Deposit shall not be deemed uncollectible until the Insureds collection
procedures have failed.
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SECTION 2. EXCLUSIONS
THIS BOND DOES NOT COVER:
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(a)
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loss effected directly or indirectly by
means of forgery or alteration of, on or in any instrument, except when
covered by Insuring Agreement (A), (E), (F) or (G).
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(b)
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loss due to riot or civil commotion outside the United States
of America and Canada; or loss due to military, naval or usurped power,
war or insurrection unless such loss occurs in transit in the circumstances
recited in Insuring Agreement (D), and unless, when such transit was initiated,
there was no knowledge of such riot, civil commotion, military, naval or
usurped power, war or insurrection on the part of any person acting for
the Insured in initiating such transit.
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(c)
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loss, in time of peace or war, directly or indirectly caused
by or resulting from the effects of nuclear fission or fusion or radioactivity;
provided, however, that this paragraph shall not apply to loss resulting
from industrial uses of nuclear energy.
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(d)
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loss resulting from any wrongful act or acts of any person
who is a member of the Board of Directors of the Insured or a member of
any equivalent body by whatsoever name known unless such person is also
an Employee or an elected official, partial owner or partner of the Insured
in some other capacity, nor, in any event, loss resulting from the act or
acts of any person while acting in the capacity of a member of such Board
or equivalent body.
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(e)
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loss resulting from the complete or partial non-payment of,
or default upon, any loan or transaction in the nature of, or amounting
to, a loan made by or obtained from the Insured or any of its partners,
directors or Employees, whether authorized or unauthorized and whether procured
in good faith or through trick, artifice, fraud or false pretenses, unless
such loss is covered under Insuring Agreement (A), (E) or (F).
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(f)
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loss resulting from any violation by the Insured or by any
Employee
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(1)
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of law regulating (a) the issuance, purchase or sale of securities,
(b) securities transactions upon Security Exchanges or over the counter market,
(c) Investment Companies, or (d) Investment Advisors, or
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(2)
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of any rule
or regulation made pursuant to any such law, unless such loss, in the absence
of such laws, rules or regulations, would be covered under Insuring Agreements
(A) or (E).
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(g)
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loss of Property or loss of privileges through the misplacement
or loss of Property as set forth in Insuring Agreement (C) or (D) while
the Property is in the custody of any armored motor vehicle company, unless
such loss shall be in excess of the amount recovered or received by the
Insured under (a) the Insureds contract with said armored motor vehicle
company, (b) insurance carried by said armored motor vehicle company for
the benefit of users of its service, and (c) all other insurance and indemnity
in force in whatsoever form carried by or for the benefit of users of said
armored motor vehicle companys service, and then this bond shall cover
only such excess.
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(h)
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potential income, including but not limited to interest and
dividends, not realized by the Insured because of a loss covered under this
bond, except as included under Insuring Agreement (I).
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(i)
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all damages of any type for which the Insured is legally liable,
except direct compensatory damages arising from a loss covered under this
bond.
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(j)
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loss through the surrender of Property away from an office
of the Insured as a result of a threat
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(1)
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to do bodily harm to any person, except loss of Property in transit in
the custody of any person acting as messenger provided that when such transit
was initiated there was no knowledge by the Insured of any such threat,
or
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(2)
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to do damage to the premises or Property of the Insured, except when covered under Insuring Agreement (A).
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(k)
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all costs, fees and other expenses incurred by the Insured
in establishing the existence of or amount of loss covered under this bond
unless such indemnity is provided for under Insuring Agreement (B).
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(1)
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loss resulting from payments made or withdrawals from the
account of a customer of the Insured, shareholder or subscriber to shares
involving funds erroneously credited to such account, unless such payments
are made to or withdrawn by such depositor or representative of such person,
who is within the premises of the drawee bank of the Insured or within the
office of the Insured at the time of such payment or withdrawal or unless
such payment is covered under Insuring Agreement (A).
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(m)
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any loss resulting from Uncollectible Items of Deposit which
are drawn from a financial institution outside the fifty states of the United
States of America, District of Columbia, and territories and possessions
of the United States of America, and Canada.
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SECTION 3. ASSIGNMENT OF RIGHTS
This bond does not afford coverage in favor of any Employers of temporary personnel or of processors as set forth in sub-sections (6) and (7) of Section 1(a) of this bond, as aforesaid, and upon payment to the Insured by the Underwriter on account of any loss through dishonest or fraudulent act(s) including Larceny or Embezzlement committed by any of the partners, officers or employees of such Employers, whether acting alone or in collusion with others, an assignment of such of the Insureds rights and causes of action as it may have against such Employers by reason of such acts so committed shall, to the extent of such payment, be given by the Insured to the Underwriter, and the Insured shall execute all papers necessary to secure to the Underwriter the rights herein provided for.
SECTION 4. LOSS NOTICE PROOF
LEGAL PROCEEDINGS
This bond is for the use and benefit only of the Insured named in the Declarations and the Underwriter shall not be liable hereunder for loss sustained by anyone other than the Insured unless the Insured, in its sole discretion and at its option, shall include such loss in the Insureds proof of loss. At the earliest practicable moment after discovery of any loss hereunder the Insured shall give the Underwriter written notice thereof and shall also within six months after such discovery furnish to the Underwriter affirmative proof of loss with full particulars. If claim is made under this bond for loss of securities or shares, the Underwriter shall not be liable unless each of such securities or shares is identified in such proof of loss by a certificate or bond number or, where such securities or shares
are uncertificated, by such identification means as agreed to by the Underwriter. The Underwriter shall have thirty days after notice and proof of loss within which
to investigate the claim, but where the loss is clear and undisputed, settlement shall be made within forty-eight hours; and this shall apply notwithstanding the loss is made up wholly or in part of securities of which duplicates may be obtained. Legal proceedings for recovery of any loss hereunder shall not be brought prior to the expiration of sixty days after such proof of loss is filed with the Underwriter nor after the expiration of twenty-four months from the discovery of such loss, except that any action or proceeding to recover hereunder on account of any judgment against the Insured in any suit mentioned in General Agreement C or to recover attorneys fees paid in any such suit, shall be begun within twenty-four months from the date upon which the judgment in such suit shall become final. If any limitation embodied in this bond
is prohibited by any law controlling the construction hereof, such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation
permitted by such law.
Discovery occurs when the Insured
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(a)
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becomes aware of facts, or
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(b)
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receives written notice of an actual or
potential claim by a third party which alleges that the Insured is liable
under circumstance
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which would cause a reasonable person to assume that a loss covered by the
bond has been or will be incurred even though the exact amount or details of loss may not be then known.
8
SECTION 5. VALUATION OF PROPERTY
The value of any Property, except books of accounts or other records used by the Insured in the conduct of its business, for the loss of which a claim shall be made hereunder, shall be determined by the average market value of such Property on the business day next preceding the discovery of such loss; provided, however, that the value of any Property replaced by the Insured prior to the payment of claim therefor shall be the actual market value at the time of replacement; and further provided that in case of a loss or misplacement of interim certificates, warrants, rights, or other securities, the production which is necessary to the exercise of subscription, conversion, redemption or deposit privileges, the value thereof shall be the market value of such privileges immediately preceding the expiration thereof
if said loss or misplacement 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 or by arbitration.
In case of any loss or damage to Property consisting of books of accounts or other records used by the Insured in the conduct of its business, the Underwriter shall be liable under this bond only if such books or records are actually reproduced and then for not more than the cost of blank books, blank pages or other materials plus the cost of labor for the actual transcription or copying of data which shall have been furnished by the Insured in order to reproduce such books and other records.
SECTION 6. VALUATION OF PREMISES AND FURNISHINGS
In case of damage to any office of the Insured,
or loss of or damage to the furnishings, fixtures, stationery, supplies, equipment,
safes or vaults therein, the Underwriter shall not be liable for more than the
actual cash value thereof, or for more than the actual cost of their replacement
or repair. The Underwriter may, at its election, pay such actual cash value
or make such replacement or repair. If the Underwriter and the Insured cannot
agree upon such cash value or such cost of replacement or repair, such shall
be determined by arbitration.
SECTION 7. LOST SECURITIES
If the Insured shall sustain a loss of securities the total value of which is in excess of the limit stated in Item 3 of the Declarations of this bond, the liability of the Underwriter shall be limited to payment for, or duplication of, securities having value equal to the limit stated in Item 3 of the Declarations of this bond.
If the Underwriter shall make payment to the Insured for any loss of securities, the Insured shall thereupon assign to the Underwriter all of the Insureds rights, title and interests in and to said securities.
With respect to securities the value of which do not exceed the Deductible Amount (at the time of the discovery of the loss) and for which the Underwriter may at its sole discretion and option and at the request of the Insured issue a Lost Instrument Bond or Bonds to effect replacement thereof, the Insured will pay the usual premium charged therefor and will indemnify the Underwriter against all loss or expense that the Underwriter may sustain because of the issuance of such Lost Instrument Bond or Bonds.
With respect to securities the value of which exceeds the Deductible Amount (at the time of discovery of the loss) and for which the Underwriter may issue or arrange for the issuance of a Lost Instrument Bond or Bonds to effect replacement thereof, the Insured agrees that it will pay as premium therefor a proportion of the usual premium charged therefor, said proportion being equal to the percentage that the Deductible Amount bears to the value of the securities upon discovery of the loss, and that it will indemnify the issuer of said Lost Instrument Bond or Bonds against all loss and expense that is not recoverable from the Underwriter under the terms and conditions of this INVESTMENT COMPANY BLANKET BOND subject to the Limit of Liability hereunder.
SECTION 8. SALVAGE
In case of recovery, whether made by the Insured
or by the Underwriter, on account of any loss in excess of the Limit of Liability
hereunder plus the Deductible Amount applicable to such loss from any
9
source other than suretyship, insurance, reinsurance, security or indemnity taken by or for the benefit of the Underwriter, the net amount of such recovery, less the actual costs and expenses of making same, shall be applied to reimburse the Insured in full for the excess portion of such loss, and the remainder, if any, shall be paid first in reimbursement of the Underwriter and thereafter in reimbursement of the Insured for that part of such loss within the Deductible Amount. The Insured shall execute all necessary papers to secure to the Underwriter the rights provided for herein.
SECTION 9. NON-REDUCTION AND NON-ACCUMULATION OF LIABILITY AND TOTAL LIABILITY
At all times prior to termination hereof this bond shall continue in force for the limit stated in the applicable sections of Item 3 of the Declarations of this bond notwithstanding any previous loss for which the Underwriter may have paid or be liable to pay hereunder; PROVIDED, however, that regardless of the number of years this bond shall continue in force and the number of premiums which shall be payable or paid, the liability of the Underwriter under this bond with respect to all loss resulting from
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(a)
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any one act of burglary, robbery or holdup,
or attempt thereat, in which no Partner or Employee is concerned or implicated
shall be deemed to be one loss, or
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(b)
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any one unintentional or negligent act
on the part of any one person resulting in damage to or destruction or
misplacement of Property, shall be deemed to be one loss, or
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(c)
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all wrongful acts, other than those specified
in (a) above, of any one person shall be deemed to be one loss, or
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(d)
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all wrongful acts, other than those specified
in (a) above, of one or more persons (which dishonest act(s) or act(s)
of Larceny or Embezzlement include, but are not limited to, the failure
of an Employee to report such acts of others) whose dishonest act or acts
intentionally or unintentionally, knowingly or unknowingly, directly or
indirectly, aid or aids in any way, or permits the continuation of, the
dishonest act or acts of any other person or persons shall be deemed to
be one loss with the act or acts of the persons aided, or
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(e)
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any one
casualty or event other than those specified in (a), (b), (c) or (d) preceding,
shall be deemed to be one loss, and
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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
and shall not be cumulative in amounts from year to year or from period to period.
Sub-section (c) is not applicable to any situation to which the language of sub-section (d) applies.
SECTION 10. LIMIT OF LIABILITY
With respect to any loss set forth in the PROVIDED clause of Section 9 of this bond which is recoverable or recovered in whole or in part under any other bonds or policies issued by the Underwriter to the Insured or to any predecessor in interest of the Insured and terminated or cancelled or allowed to expire and in which the period for discovery has not expired at the time any such loss thereunder is discovered, the total liability of the Underwriter under this bond and under other bonds or policies shall not exceed, in the aggregate, the amount carried hereunder on such loss or the amount available to the Insured under such other bonds or policies, as limited by the terms and conditions thereof, for any such loss if the latter amount be the larger.
SECTION 11. OTHER INSURANCE
If the Insured shall hold, as indemnity against any loss covered hereunder, any valid and enforceable insurance or suretyship, the Underwriter shall be liable hereunder only for such amount of such loss which is in excess of the amount of such other insurance or suretyship, not exceeding, however, the Limit of Liability of this bond applicable to such loss.
SECTION 12. DEDUCTIBLE
The Underwriter shall not be liable under any
of the Insuring Agreements of this bond on account of loss as specified, respectively,
in sub-sections (a), (b), (c), (d) and (e) of Section 9, NON-REDUCTION AND NON-ACCUMULATION OF LIABILITY AND
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TOTAL LIABILITY, 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 from any bond or policy of insurance issued by an insurance company and covering such loss, or by the Underwriter on account thereof prior to payment by the Underwriter of such loss, shall exceed the Deductible Amount set forth in Item 3 of the Declarations hereof (herein called Deductible Amount) and then for such excess only, but in no event for more than the applicable Limit of Liability stated in Item 3 of the Declarations.
The Insured will bear, in addition to the Deductible Amount, premiums on Lost Instrument Bonds as set forth in Section 7.
There shall be no deductible applicable to any loss under Insuring Agreement A sustained by any Investment Company named as Insured herein.
SECTION 13. TERMINATION
The Underwriter may terminate this bond as an entirety by furnishing written notice specifying the termination date which cannot be prior to 60 days after the receipt of such written notice by each Investment Company named as Insured and the Securities and Exchange Commission, Washington, D.C. The Insured may terminate this bond as an entirety by furnishing written notice to the Underwriter. When the Insured cancels, the Insured shall furnish written notice to the Securities and Exchange Commission, Washington, D.C. prior to 60 days before the effective date of the termination. The Underwriter shall notify all other Investment Companies named as Insured of the receipt of such termination notice and the termination cannot be effective prior to 60 days after receipt of written notice by all other Investment Companies. Premiums are earned until the termination date as set forth herein.
This Bond will terminate as to any one Insured
immediately upon 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 into
another entity, or by disposition of all of its assets.
The Underwriter shall refund the unearned premium computed at short rates in accordance with the standard short rate cancellation tables if terminated by the Insured or pro rata if terminated for any other reason.
This Bond shall terminate
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(a)
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as to any Employee as soon as any partner,
officer or supervisory Employee of the Insured, who is not in collusion
with such Employee, shall learn of any dishonest or fraudulent act(s),
including Larceny or Embezzlement on the part of such Employee without
prejudice to the loss of any Property then in transit in the custody of
such Employee (See Section 16[d]), or
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(b)
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as to any Employee 60 days after receipt
by each Insured and by the Securities and Exchange Commission of a written
notice from the Underwriter of its desire to terminate this bond as to
such Employee, or
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(c)
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as to any person, who is a partner, officer
or employee of any Electronic Data Processor covered under this bond,
from and after the time that the Insured or any partner or officer thereof
not in collusion with such person shall have knowledge or information
that such person has committed any dishonest or fraudulent act(s), including
Larceny or Embezzlement in the service of the Insured or otherwise, whether
such act be committed before or after the time this bond is effective.
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SECTION 14. RIGHTS AFTER TERMINATION OR CANCELLATION
At any time prior to the termination or cancellation
of this bond as an entirety, whether by the Insured or the Underwriter, the
Insured may give to the Underwriter notice that it desires under this bond an
additional period of 12 months within which to discover loss sustained by the
Insured prior to the effective date of such termination or cancellation and shall pay an additional premium therefor.
11
Upon receipt of such notice from the Insured, the Underwriter shall give its written consent thereto; provided, however, that such additional period of time shall terminate immediately;
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(a)
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on the effective date of any other insurance
obtained by the Insured, its successor in business or any other party,
replacing in whole or in part the insurance afforded by this bond, whether
or not such other insurance provides coverage for loss sustained prior
to its effective date, or
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(b)
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upon takeover of the Insureds business
by any State or Federal official or agency, or by any receiver or liquidator,
acting or appointed for this purpose
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without the necessity of the Underwriter giving notice of such termination. In the event that such additional period of time is terminated, as provided above, the Underwriter shall refund any unearned premium.
The right to purchase such additional period for the discovery of loss may not be exercised by any State or Federal official or agency, or by any receiver or liquidator, acting or appointed to take over the Insureds business for the operation or for the liquidation thereof or for any other purpose.
SECTION 15. CENTRAL HANDLING OF SECURITIES
Securities included in the systems for the central handling of securities established and maintained by Depository Trust Company, Midwest Depository Trust Company, Pacific Securities Depository Trust Company, and Philadelphia Depository Trust Company, hereinafter called Corporations, to the extent of the Insureds interest therein as effective by the making of appropriate entries on the books and records of such Corporations shall be deemed to be Property.
The words Employee and Employees shall be
deemed to include the officers, partners, clerks and other employees of the
New York Stock Exchange, Boston Stock Exchange, Midwest Stock Exchange, Pacific
Stock Exchange and Philadelphia Stock Exchange, hereinafter called Exchanges,
and of the above named Corporations, and of any nominee in whose name is registered
any security included within the systems for the central handling of securities
established and maintained by such Corporations, and any employee of any recognized
service company, while such officers, partners, clerks and other employees and
employees of service companies perform services for such Corporations in the
operation of such systems. For the purpose of the above definition a recognized
service company shall be any company providing clerks or other personnel to
said Exchanges or Corporation on a contract basis.
The Underwriter shall not be liable on account of any loss(es) in connection with the central handling of securities within the systems established and maintained by such Corporations, unless such loss(es) shall be in excess of the amount(s) recoverable or recovered under any bond or policy of insurance indemnifying such Corporations, against such loss(es), and then the Underwriter shall be liable hereunder only for the Insureds share of such excess loss(es), but in no event for more than the Limit of Liability applicable hereunder.
For the purpose of determining the Insureds share of excess loss(es) it shall be deemed that the Insured has an interest in any certificate representing any security included within such systems equivalent to the interest the Insured then has in all certificates representing the same security included within such systems and that such Corporations shall use their best judgement in apportioning the amount(s) recoverable or recovered under any bond or policy of insurance indemnifying such Corporations against such loss(es) in connection with the central handling of securities within such systems among all those having an interest as recorded by appropriate entries in the books and records of such Corporations in Property involved in such loss(es) on the basis that each such interest shall share in the
amount(s) so recoverable or recovered in the ratio that the value of each such interest bears to the total value of all such interests and that the Insureds share of
such excess loss(es) shall be the amount of the Insureds interest in such Property in excess of the amount(s) so apportioned to the Insured by such Corporations.
This bond does not afford coverage in favor
of such Corporations or Exchanges or any nominee in whose name is registered
any security included within the systems for the central handling of securities
established and maintained by such Corporations, and upon payment to the Insured
by the Underwriter on account of any loss(es) within the systems, an
12
assignment of such of the Insureds rights and causes of action as it may have against such Corporations or Exchanges shall to the extent of such payment, be given by the Insured to the Underwriter, and the Insured shall execute all papers necessary to secure to the Underwriter the rights provided for herein.
SECTION 16. ADDITIONAL COMPANIES INCLUDED AS INSURED
If more than one corporation, co-partnership or person or any combination of them be included as the Insured herein:
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(a)
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the total liability of the Underwriter
hereunder for loss or losses sustained by any one or more or all of them
shall not exceed the limit for which the Underwriter would be liable hereunder
if all such loss were sustained by any one of them,
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(b)
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the one first named herein shall be deemed
authorized to make, adjust and receive and enforce payment of all claims
hereunder and shall be deemed to be the agent of the others for such purposes
and for the giving or receiving of any notice required or permitted to
be given by the terms hereof, provided that the Underwriter shall furnish
each named Investment Company with a copy of the bond and with any amendment
thereto, together with a copy of each formal filing of the settlement
of each such claim prior to the execution of such settlement,
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(c)
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the Underwriter shall not be responsible
for the proper application of any payment made hereunder to said first
named Insured,
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(d)
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knowledge possessed or discovery made by any partner, officer or supervisory
Employee of any Insured shall for the purposes of Section 4 and Section
13 of this bond constitute knowledge or discovery by all the Insured, and
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(e)
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if the first named Insured ceases for any reason to be covered under this
bond, then the Insured next named shall thereafter be considered as the
first named Insured for the purposes of this bond.
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SECTION 17. NOTICE AND CHANGE OF CONTROL
Upon the Insureds obtaining knowledge of a
transfer of its outstanding voting securities which results in a change in control
(as set forth in Section 2 (a) (9) of the Investment Company Act of 1940) of
the Insured, the Insured shall within thirty (30) days of such knowledge give
written notice to the Underwriter setting forth:
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(a)
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the names of the transferors and transferees (or the names of the beneficial
owners if the voting securities are requested in another name), and
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(b)
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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
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(c)
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the total number of outstanding voting
securities.
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As used in this section, control means the power to exercise a controlling influence over the management or policies of the Insured.
Failure to give the required notice shall result in termination of coverage of this bond, effective upon the date of stock transfer for any loss in which any transferee is concerned or implicated.
Such notice is not required to be given in the case of an Insured which is an Investment Company.
SECTION 18. CHANGE OR MODIFICATION
This bond or any instrument amending or effecting same may not be changed or modified orally. No changes in or modification thereof shall be effective unless made by written endorsement issued to form a part hereof over the signature of the Underwriters Authorized Representative. When a bond covers only one Investment Company no change or modification which would adversely affect the rights of the Investment Company shall be effective prior to 60 days after written notification has been furnished to the Securities and Exchange Commission, Washington, D.C. by the Insured or by the
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Underwriter. If more than one Investment Company is named as the Insured herein, the Underwriter shall give written notice to each Investment Company and to the Securities and Exchange Commission, Washington, D.C. not less than 60 days prior to the effective date of any change or modification which would adversely affect the rights of such Investment Company.
IN WITNESS WHEREOF, the Underwriter has caused this bond to be executed on
the Declarations Page.
14
NATIONAL UNION FIRE INSURANCE COMPANY
OF PITTSBURGH, PA
RIDER No. 1
To be attached to and form part of Bond No. 6214350 in favor of EGA Emerging Global Shares Trust.
effective as of 05/19/2011.
In consideration of the premium charged for the attached bond, it is hereby agreed that:
1. From and after the time this rider becomes effective the Insured under the attached bond are:
EGA Emerging Global Shares Trust
2. The first named Insured shall act for itself and for each and all of the Insured for all the purposes of the attached bond.
3. Knowledge possessed or discovery made by the Corporate Risk Management Department, Internal Audit Department, or General Counsel Department, of any Insured or by any partner or officer thereof shall for all the purposes of the attached bond constitute knowledge or discovery by all the Insured.
4. If, prior to the termination of the attached bond in its entirety, the attached bond is terminated as to any Insured, there shall be no liability for any loss sustained by such Insured unless discovered before the time such termination as to such Insured becomes effective.
5. The liability of the Underwriter for loss or losses sustained by any or all of the Insured shall not exceed the amount for which the Underwriter would be liable had all such loss or losses been sustained by any one of the Insured. Payment by the Underwriter to the first named Insured of loss sustained by any Insured shall fully release the Underwriter on account of such loss.
6. If the first named Insured ceases for any
reason to be covered under the attached bond, then the Insured next named shall
thereafter be considered as the first named Insured for all the purposes of
the attached bond.
7. The attached bond shall be subjected to all its
agreements, limitations and conditions except as herein expressly modified.
8. This rider shall become effective as 12:01
a.m. on .
Signed, Sealed and dated
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By:
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Authorized Representative
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This endorsement, effective at 12:01 AM forms a part of
Policy number
Issued to:
By:
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
COVERAGE TERRITORY ENDORSEMENT
Payment of loss under this policy shall only be made in full compliance with all United States of America economic or trade sanction laws or regulations, including, but not limited to, sanctions, laws and regulations administered and enforced by the U.S. Treasury Departments Office of Foreign Assets Control (OFAC).
ALL OTHER TERMS, CONDITIONS AND EXCLUSIONS REMAIN UNCHANGED.
© American International Group, Inc. All rights reserved
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AUTHORIZED REPRESENTATIVE
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NATIONAL UNION FIRE INSURANCE COMPANY
OF PITTSBURGH, PA
INSURING AGREEMENT J Computer Systems
To be attached to and form part of Bond No. 6214350 in favor of EGA Emerging Global Shares Trust.
It is agreed that:
1.
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The attached bond is amended by adding
an additional insuring agreement as follows:
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COMPUTER SYSTEMS
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Loss resulting directly from a fraudulent
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(1)
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Entry of data into, or
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(2)
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Change of data or programs within a Computer System; provided the fraudulent entry or change
causes
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(a)
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Property to be transferred paid or delivered,
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(b)
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an account of the Insured, or of its customer, to be added, deleted, debited
or credited:
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(c)
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an unauthorized account of a fictitious account to be debited or credited;
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(3)
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Voice instructions or advices having been transmitted to the Insured or
its agent(s) by telephone;
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and provided further, the fraudulent entry or change is made
or caused by an individual acting with the intent to:
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(i)
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cause the Insured or its agent(s) to sustain a loss, and
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(ii)
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obtain financial benefit for that individual or for other persons intended
by that individual to receive financial benefit,
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(iii)
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and further provided such voice instruction or advices:
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(a)
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were made by a person who purported to represent an individual authorized
to make such voice instruction or advices; and
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(b)
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were electronically recorded by the Insured or its agent(s).
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(4)
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It shall be a condition to recovery under the Computer Systems Rider that
the Insured or its agent(s) shall to the best of their ability electronically
record all voice instructions or advices received over telephone. The Insured
or its agent(s) warrant that they shall make their best efforts to maintain
the electronic recording system on a continuous basis. Nothing, however,
in this Rider shall bar the Insured from recovery where no recording is
available because of mechanical failure of the device used in making such
recording, or because of failure of the media used to record conversation
from any cause, or error or omission of any Employee(s) or agent(s) of the
Insured.
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SCHEDULE OF SYSTEMS
All computer systems utilized by the Insured.
2.
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As used in this Rider, Computer System means:
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(a)
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computers with related peripheral components, including
storage components, wherever located,
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(b)
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systems and application software,
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(c)
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terminal devices,
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(d)
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related communication networks or customer communication
systems, and
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(e)
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related Electronic Funds Transfer Systems,
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by which data are electronically collected, transmitted,
processed, stored, and retrieved.
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3.
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In addition to the exclusions in the attached bond,
the following exclusions are applicable to this Insuring Agreement:
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(a)
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loss resulting directly or indirectly from the theft of confidential information,
material or data; and
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(b)
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loss resulting directly or indirectly from entries
or changes made by an individual authorized to have access to a Computer
System who acts in good faith on instructions, unless such instructions
are given to that individual by a software contractor (or by a partner,
officer or employee thereof) authorized by the Insured to design, develop,
prepare, supply service, write or implement programs for the Insureds Computer
System.
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4.
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The following portions of the attached bond are
not applicable to this Rider:
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(a)
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the initial paragraph of the bond preceding the Insuring Agreements which
reads ...at any time but discovered during the Bond Period.
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(b)
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Section 9 NON-REDUCTION AND NON-ACCUMULATION OF LIABILITY AND TOTAL LIABILITY
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(c)
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Section 10 LIMIT OF LIABILITY
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5.
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The Coverage afforded by this rider applies only
to loss discovered by the Insured during the period this Rider is in force.
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6.
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All loss or series of losses involving the fraudulent
activity of one individual, or involving fraudulent activity in which one
individual is implicated, whether or not that individual is specifically
identified, shall be treated as one loss. A Series of losses involving unidentified
individuals but arising from the same method of operation may be deemed
by the Underwriter to involve the same individual and in that event shall
be treated as one loss.
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7.
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The Limit of Liability for the coverage provided
by this Rider shall be ($1,000,000), it being understood however, that
such liability shall be part of and not in addition to the Limit of Liability
stated in Item 3 of the Declarations of the attached bond.
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8.
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The Underwriter shall be liable hereunder for the
amount by which one loss shall be in excess of $5,000 (herein called
the Deductible amount) but not in excess of the Limit of Liability stated
above.
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9.
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If any loss is covered under this Insuring Agreement
and any other Insuring Agreement or Coverage, the maximum amount payable
for such loss shall not exceed the largest amount available under
any one Insuring Agreement or Coverage.
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10.
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Coverage under this Rider shall terminate upon
termination or cancellation of the bond to which this Rider is attached.
Coverage under this rider may also be terminated or cancelled without cancelling
the bond as an entirety:
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(a)
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60 days after receipt by the Insured of written notice from the Underwriter
of its desire to terminate or cancel coverage under this Rider, or
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(b)
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Immediately upon receipt by the Underwriter of a written request from
the Insured to terminate or cancel coverage under this Rider.
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The Underwriter shall refund to the Insured the
unearned premium for this coverage under this Rider. The refund shall be
computed at short rates if this Rider is terminated or cancelled or reduced
by notice from, or at the instance of, the Insured.
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11.
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Section 4 LOSS NOTICE PROOF LEGAL PROCEEDING of
the Conditions and Limitations of this bond is amended by adding the following
sentence:
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Proof of Loss resulting from Voice Instructions
or advices covered under this bond shall include Electronic Recording of
such Voice Instructions or advices.
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12.
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Not withstanding the foregoing, however, coverage
afforded by this Rider is not designed to provide protection against loss
covered under a separate Electronic and Computer Crime Policy by whatever
title assigned or by whatever Underwriter written. Any loss which is covered
under such separate Policy is excluded from coverage under this bond; and
the Insured agrees to make claim for such loss under its separate Policy.
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13
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Nothing herein contained shall be held to vary,
alter, waiver or extend any of the terms, limitations, conditions or agreements
of the attached bond other than as above stated.
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14.
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This rider shall become effective at 12:01 a.m.
Standard time on .
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By:
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Authorized Representative
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NATIONAL UNION FIRE INSURANCE COMPANY
OF PITTSBURGH, PA
INSURING AGREEMENT K
To be attached to and form a part of Investment Company Blanket Bond No. 6214350
in favor of EGA Emerging Global Shares Trust.
It is agreed that:
(1)
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The attached bond is amended by adding an additional Insuring Agreement as follows:
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UNAUTHORIZED SIGNATURES
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Loss resulting directly from the insured having accepted, paid or cashed
any check or 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 the application on file with the Insured as a signatory
on such account.
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(2)
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It shall be a condition precedent to the
Insureds right of recovery under this rider that the Insured shall have
on file signatures all persons who are authorized signatories on such
account.
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(3)
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The Single Loss Limit of Liability for
the coverage provided by this rider shall be $25,000, it being understood,
however, that such liability shall be part of, and not in addition to,
the Aggregate Limit of Liability stated in item 3. of the Declarations
of the attached bond.
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(4)
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The Underwriter shall not be liable under the Unauthorized Signatures
Rider for any loss on account of any instrument unless the amount of such
instrument shall be excess of $5,000 (herein called Deductible Amount),
and unless such loss on account of such instrument, after deducting all
recoveries on account of such instrument made prior to the payment of such
loss by the Underwriter, shall be in excess of such Deductible Amount and
then for such excess only, but in no event more than the amount of the attached
bond, or the amount of coverage under the Unauthorized Signatures Rider,
if the amount of such coverage is less than the amount of the attached bond.
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(5)
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Nothing herein contained shall be held to vary, alter, waive, or extend
any of the terms, limitations, conditions, or provisions of the attached
bond other than as above stated.
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(6)
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The rider is effective as of 12:01 a.m. standard time on 05/19/2011 as
specified in the bond.
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By:
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Authorized Representative
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NATIONAL UNION FIRE INSURANCE COMPANY
OF PITTSBURGH, PA
OMNIBUS WORDING
This endorsement, effective 12:01 a.m. 05/19/2011 forms a part of policy number 6214350 issued to EGA Emerging Global Shares Trust.
It is agreed that:
1.
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If the Insured shall, while this bond
is in force, establish any new funds other than by consolidation or merger
with, purchase or acquisition of assets or liabilities of, another institution,
such funds shall automatically be covered hereunder from the date of such
establishment without the payment of additional premium for the remainder
of the premium period.
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2.
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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 funds insured under the bond or by the addition of new funds,
the Insured shall notify the Underwriter of such required increase in limits
within 30 days of such increase in asset size and the Insured shall be entitled
to receive from the Underwriter within 15 days of the Underwriters receipt
of such notice an offer for coverage hereunder for such increase in limits
from the date of such increase in assets. Such coverage for increase in
asset size shall be conditioned upon the Insured paying the Underwriter
the required additional premium for such increase in limits, which additional
premium shall be in amount determined in the sole and absolute discretion
of the Underwriter.
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3.
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Nothing herein contained shall be held to vary, alter, waive or extend
any of the terms, limitations conditions or agreements of the attached bond
other than as above stated.
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By:
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Authorized Representative
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NATIONAL UNION FIRE INSURANCE COMPANY
OF PITTSBURGH, PA
AMENDMENT TO TERMINATION
To be attached to and form part of Investment Company Blanket Bond No. 6214350 in favor of EGA Emerging Global Shares Trust.
It is agreed that:
1.
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The attached bond is hereby amended by
deleting Section 13. TERMINATION in its entirety and replacing it with
the following:
SECTION 13. TERMINATION
The Underwriter may terminate this bond as an entirety by furnishing
written notice specifying the termination date which cannot be prior to
90 days after the receipt of such written notice by each Investment Company
named as Insured and the Securities and Exchange Commission, Washington,
D.C. The Insured may terminate this bond as an entirety by furnishing
written notice to the Underwriter. When the Insured cancels, the Insured
shall furnish written notice to the Securities and Exchange Commission,
Washington, D.C. prior to 90 days before the effective date of the termination.
The Underwriter shall notify all other Investment Companies named as Insured
of the receipt of such termination notice and the termination cannot be
effective prior to 90 days after receipt of written notice by all other
Investment Companies. Premiums are earned until the termination date as
set forth herein.
This Bond will terminate as to any one Insured (other than a registered
management investment company) immediately upon 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 he benefit of creditors of the Insured, or immediately upon such Insured
ceasing to exist, whether through merger into another entity, or by disposition
of all of its assets.
The Underwriter shall refund the unearned premium computed at short
rates in accordance with the standard short rate cancellation tables if
terminated by the Insured or pro rata terminated for any other reason.
This bond shall terminate
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a.
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as to any Employee as soon as any partner, officer or supervisory
Employee of the Insured, who is not in collusion with such Employee, shall
learn of any dishonest or fraudulent act(s), including Larceny or Embezzlement
on the part of such Employee without prejudice to the loss of any Property
then in transit in the custody of such Employee and upon the expiration
of ninety (90) days after written notice has been given to the Securities
and Exchange Commission, Washington, D.C. (See Section 16 (d) ) and to the
Insured Investment Company, or
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b.
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as to any Employee 90 days after receipt by each Insured and
by the Securities and Exchange Commission of a written notice from the Underwriter
of its desire to terminate this bond as to such Employee, or
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c.
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as to any person, who is a partner, officer or employee of any Electronic
Data Processor covered under this bond, from and after the time that the
Insured or any partner or officer thereof not in collusion with such person
shall have knowledge or information that such person has committed any dishonest
or fraudulent act(s), including Larceny or Embezzlement in the service of
the Insured or otherwise, whether such act be committed before or after
the time this bond is effective and upon the expiration of ninety (90)
days after written notice has been given by the Underwriter to the Securities
and Exchange Commission, Washington DC and to the insured Investment Company.
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2.
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Nothing herein contained shall be held to vary, alter, waive,
or extend any of the terms, limitations, conditions, or provisions of the
attached bond other than as above stated.
|
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3.
|
This rider is effective as of 12:01 a.m. on 05/19/2011
.
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By:
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Authorized Representative
|
This endorsement, effective at 12:01 AM
05/19/2011
forms a part of
Policy number
6214350
Issued to:
EGA Emerging Global Shares Trust
By:
National Union Fire Ins of Pittsburgh
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
COVERAGE TERRITORY ENDORSEMENT
Payment of loss under this policy shall only be made in full compliance with all United States of America economic or trade sanction laws or regulations, including, but not limited to, sanctions, laws and regulations administered and enforced by the U.S. Treasury Departments Office of Foreign Assets Control (OFAC).
ALL OTHER TERMS, CONDITIONS AND EXCLUSIONS REMAIN UNCHANGED.
© American International Group, Inc. All rights reserved
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AUTHORIZED REPRESENTATIVE
|
Exhibit B
EGA Emerging Global Shares Trust
Approval of Fidelity Bond
WHEREAS,
Rule 17g-1 under the Investment Company Act of 1940, as amended (the 1940 Act), requires each registered management investment company to maintain a fidelity bond, covering certain officers and employees of the investment company with access to the securities or funds of the investment company, against larceny and embezzlement, in an amount prescribed by Rule 17g-1(d)(1); and
WHEREAS,
EGA obtained a fidelity bond on behalf of the Trust, for the period commencing May 19, 2011 and ending May 19, 2012, in the amount of $1,000,000 (the Fidelity Bond).
NOW, THEREFORE, BE IT
RESOLVED,
that the Fidelity Bond with Great American Insurance Company, obtained for the Trust by EGA, covering the period commencing on May 19, 2011 and ending May 19, 2012, in the amount of $1,000,000, with a premium cost of $1,728, be, and it hereby is, approved; and it is further
RESOLVED,
that the actions of management with respect to obtaining the Fidelity Bond for the Trust be, and they hereby are, ratified and affirmed; and it is further
RESOLVED,
that each officer of the Trust shall be designated an officer pursuant to Rule 17g-1(h) and is authorized to make the proper filings with the U.S. Securities and Exchange Commission as required by Rule 17g-1 under the 1940 Act.
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