EX-99.G.I 4 amd_custody.htm AMENDED CUSTODY AGREEMENT amd_custody.htm

 
 
AMENDMENT TO THE
ADVISORS SERIES TRUST
CUSTODY AGREEMENT


THIS AMENDMENT dated as of the 10th day of December, 2009, to the Custody Agreement, dated as of June 6, 2006, as amended (the "Agreement"), is entered into by and between Advisors Series Trust, a Delaware statutory trust (the "Trust") and U.S. Bank National Association, a national banking association (the "Custodian").

RECITALS

WHEREAS, the parties have entered into a Custody Agreement; and

WHEREAS, the parties desire to amend the series of the Trust to add a fund; and

WHEREAS, Article XV, Section 15.2 of the Agreement allows for its amendment by a written instrument executed by both parties.


NOW, THEREFORE, the parties agree to amend the exhibits and add the following series of Advisors Series Trust:

Exhibit V, the fund and fees of Niemann Tactical Return Fund, is hereby added and attached hereto.

Except to the extent amended hereby, the Agreement shall remain in full force and effect.

IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed by a duly authorized officer on one or more counterparts as of the date and year first written above.


ADVISORS SERIES TRUST
 
U.S. BANK, N.A.
         
By:
/s/ Douglas G. Hess
 
By:
/s/ Michael R. McVoy
         
         
Name:
Douglas G. Hess
 
Name:
Michael R. McVoy
         
         
Title:
President
 
Title:
Executive Vice President


1


Exhibit V
to the
Separate Series of Advisors Series Trust Custody Agreement

Name of Series         
Date Added        
Niemann Tactical Return Fund
on or after February 26, 2010

Multiple Series Trust
DOMESTIC CUSTODY SERVICES
FEE SCHEDULE at December, 2009
 
Annual Fee Based Upon Market Value Per Fund*
_____ basis point on average daily market value
Minimum annual fee per fund - $_____
Plus portfolio transaction fees
 
Portfolio Transaction Fees
$_____ per book entry DTC transaction/Federal Reserve transaction/U.S. Bank repo agreement transaction
$_____ per principal paydown
$_____ per short sale
$_____ per option/future contract written, exercised or expired
$_____ per mutual fund trade/Fed wire/margin variation Fed wire
$_____ per physical transaction
$_____ per segregated account per year
 
§ A transaction is a purchase/sale of a security, free receipt/free delivery, maturity, tender or exchange.
§ No charge for the initial conversion free receipt.
§ Overdrafts – charged to the account at prime interest rate plus ___.
 
Out-Of-Pocket Expenses
Including but not limited to expenses incurred in the safekeeping, delivery and receipt of securities, shipping, transfer fees, and extraordinary expenses based upon complexity.
 
Fees are billed monthly.
*Subject to annual CPI increase, Milwaukee MSA.


Advisor’s Signature below acknowledges approval of the domestic and global fee schedules on this Exhibit V.

Niemann Capital Management Inc.

By:  /s/ Mark Peixoto                              

Printed Name:    Mark Peixoto              

Title:   CEO                                                             Date:     3/24/2010                            
 
 
2

 
Exhibit V (continued) to the Separate Series of Advisors Series Trust Custody Agreement
GLOBAL SUB-CUSTODIAL SERVICES
ANNUAL FEE SCHEDULE  at December, 2009
Country
Instrument
Safekeeping
(BPS)
Transaction
Fee
 
Country
Instrument
Safekeeping
(BPS)
Transaction
Fee
Argentina
All
 
$___
 
Latvia
Bonds
 
$___
Australia
All
 
$___
 
Lebanon
All
 
$___
Austria
All
 
$___
 
Lithuania
All
 
$___
Bahrain
All
 
$___
 
Luxembourg
All
 
$___
Bangladesh
All
 
$___
 
Malaysia
All
 
$___
Belgium
All
 
$___
 
Mali*
All
 
$___
Benin*
All
 
$___
 
Malta
All
 
$___
Bermuda
All
 
$___
 
Mauritius
All
 
$___
Botswana
All
 
$___
 
Mexico
All
 
$___
Brazil
All
 
$___
 
Morocco
All
 
$___
Bulgaria
All
 
$___
 
Namibia
All
 
$___
Burkina Faso*
All
 
$___
 
Netherlands
All
 
$___
Canada
All
 
$___
 
New Zealand
All
 
$___
Cayman Islands*
All
 
$___
 
Niger*
All
 
$___
Channel Islands*
All
 
$___
 
Nigeria
All
 
$___
Chile
All
 
$___
 
Norway
All
 
$___
China“A” Shares
All
 
$___
 
Oman
All
 
$___
China“B” Shares
All
 
$___
 
Pakistan
All
 
$___
Columbia
All
 
$___
 
Peru
All
 
$___
Costa Rica
All
 
$___
 
Philippines
All
 
$___
Croatia
All
 
$___
 
Poland
All
 
$___
Cyprus*
All
 
$___
 
Portugal
All
 
$___
Czech Republic
All
 
$___
 
Qatar
All
 
$___
Denmark
All
 
$___
 
Romania
All
 
$___
Ecuador
All
 
$___
 
Russia
Equities/Bonds
 
$___
Egypt
All
 
$___
 
Russia
MINFIN
 
$___
Estonia
All
 
$___
 
Senegal*
All
 
$___
Euromarkets(3)
All
 
$___
 
Singapore
All
 
$___
Finland
All
 
$___
 
Slovak Republic
All
 
$___
France
All
 
$___
 
Slovenia
All
 
$___
Germany
All
 
$___
 
South Africa
All
 
$___
Ghana
All
 
$___
 
South Korea
All
 
$___
Greece
All
 
$___
 
Spain
All
 
$___
Guinea Bissau*
All
 
$___
 
Sri Lanka
All
 
$___
Hong Kong
All
 
$___
 
Swaziland
All
 
$___
Hungary
All
 
$___
 
Sweden
All
 
$___
Iceland
All
 
$___
 
Switzerland
All
 
$___
India
All
 
$___
 
Taiwan
All
 
$___
Indonesia
All
 
$___
 
Thailand
All
 
$___
Ireland
Equities
 
$___
 
Togo*
All
 
$___
Ireland
Gov’t Bonds
 
$___
 
Trinidad & Tobago*
All
 
$___
Israel
All
 
$___
 
Tunisia
All
 
$___
Italy
All
 
$___
 
Turkey
All
 
$___
Ivory Coast
All
 
$___
 
UAE
All
 
$___
Jamaica*
All
 
$___
 
United Kingdom
All
 
$___
Japan
All
 
$___
 
Ukraine
All
 
$___
Jordan
All
 
$___
 
Uruguay
All
 
$___
Kazakhstan
All
 
$___
 
Venezuela
All
 
$___
Kenya
All
 
$___
 
Vietnam*
All
 
$___
Latvia
Equities
 
$___
 
Zambia
All
 
$___
* Additional customer documentation and indemnification will be required prior to establishing accounts in these markets.
Base Fee - A monthly base charge of $_____ per account (fund) will apply.
§  
Fee is expressed in basis points per annum where one basis point equals one hundredth of one percent (.01%) and is calculated based upon month-end market value, unless stated otherwise.
§  
A transaction is defined as a receipt or delivery versus payment, a free receive or deliver, maturities, or security transaction related to corporate events.
§  
Euroclear – Eurobonds only.  Eurobonds are held in Euroclear at a standard rate, but other types of securities (including but not limited to equities, domestic market debt and mutual funds) will be subject to a surcharge.  In addition, certain transactions that are delivered within Euroclear or from a Euroclear account to a third party depository or settlement system, will be subject to a surcharge (surcharge schedule available upon request).
 

 
Exhibit U (continued) to the Separate Series of Advisors Series Trust Custody Agreement

−  For all other markets specified above, surcharges may apply if a security is held outside of the local market.
 
Straight Through Processing – fees waived.
 
For non-US resident clients investing in the U.S. market: Fees for US custody are provided on the basis that if assets are held in an omnibus account for multiple underlying clients, the Client will take the necessary action to attain Qualified Intermediary (QI) status for US IRS withholding tax purposes.  Should the Client fail to take the necessary action, the fee quoted would be subject to review, and all costs incurred by The Bank of New York in fulfilling its obligations under the US regulations would be passed to the Client.  Please refer to the separate Non-Resident Alien (NRA) fee schedule.
 
Note: For the clients who are the sole beneficial owner of the assets held in their account with The Bank of New York and the client has provided a “W8Ben” form per account stating their ownership of the assets, the above will not apply.
 
Cash Transactions:
§  
Currency Trade - $____ per transaction
§  
3rd Party Foreign Exchange – a Foreign Exchange transaction undertaken through a third party will be charged $____.
 
Standard Non-U.S. Proxy Services Fees:
§ Notification
§ $____
§ Vote
§ $____
§ Relationship Set Up Fee
§ $____
 
Tax Reclamation Services: May be subject to additional charges depending upon the service level agreed.  Tax reclaims that have been outstanding for more than 6 (six) months with the client will be charged $____ per claim.
 
Communication Fees:
§  
SWIFT Reporting and Message Fees – The following fees will apply in respect of client requested SWIFT reports and messages:
−  Cash Reporting
· MT900 – Cash Debit Advice
· $____ each
· MT910 – Cash Credit Advice
· $____ each
· MT940 – Detail Cash Statement
· $____ per message
· MT950 – Cash Statement
· $____ per message
 
−  Securities Position Reporting
· MT535 – Statement of Holdings
· $____ per message
(One MT535 will be issued per account per month free of charge)
· MT536 – Statement of Transactions
· $____ per message
· MT537 – Statement of Pendings
· $____ per message
 
−  Confirmations
· MT544 – Receive Free Confirm
· $____ per message
· MT545 – Receive Against Payment Confirm
· $____ per message
· MT546 – Deliver Free Confirm
· $____ per message
· MT547 – Deliver Against Payment Confirm
· $____ per message
 
−  Facsimile Reporting Fees
· Corporate Actions Notifications
· $____ per notification
· Cash and Securities Reports
· $____ per page
 
Out of Pocket Expenses
§  
Charges incurred by The Bank of New York for local taxes, stamp duties or other local duties and assessments, stock exchange fees, postage and insurance for shipping, facsimile reporting, extraordinary telecommunications fees or other expenses which are unique to a country in which the client or its clients is investing will be passed along as incurred.
§  
A surcharge may be added to certain out-of-pocket expenses listed herein to cover handling, servicing and other administrative costs associated with the activities giving rise to such expenses.  Also, certain expenses are charged at a predetermined flat rate.