EX-99.77Q1 2 d228811dex9977q1.htm EXHIBIT 99.77Q1 Exhibit 99.77Q1

Exhibit 99.77Q1

Pointbreak ETF Trust

P.O. Box 347312

San Francisco, CA 94134

August 5, 2016

VIA EDGAR

U.S. Securities and Exchange Commission

100 F Street, NE

Washington, DC 20549

 

Re: Pointbreak ETF Trust; SEC File No. 811-23068

Form N-SAR – Fidelity Bond

Ladies and Gentlemen:

I am submitting this letter on behalf of Pointbreak ETF Trust (the “Trust”) and its series therein, to provide supplementary information regarding Item 80.C of the Trust’s Form N-SAR filing for the fiscal year ended June 30, 2016. Item 80.C asks for the aggregate face amount of coverage for the Trust on its Fidelity Bond.

We have entered “1” in response to this Item. In this regard, as an officer of the Trust, I represent that no series have been offered to the public as of August 5, 2016 and as of June 30, 2016, no Fidelity Bond on behalf of the Trust and the series therein was secured because the Trust had not commenced operations nor did it have any public shareholders. On August 2, 2016, the Trust did secure a Fidelity Bond on behalf of the Trust and the series therein. The Fidelity Bond is effective from the period of August 2, 2016 through August 2, 2017. The Fidelity Bond will be filed with the Securities and Exchange Commission on behalf of the Trust upon receipt of the Fidelity Bond from the insurer, The Hartford Fire Insurance Co. A copy of the Revised New Business Binder is enclosed.

If you have any questions concerning this filing, please do not hesitate to contact me at (804) 658-2392 or heatherharker@pointbreakETFs.com.

Sincerely,

/s/ Heather C. Harker

By: Heather C. Harker

Title: Chief Legal Officer and Secretary

          Pointbreak ETF Trust


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Hartford Financial Products
REVISED NEW BUSINESS BINDER
08/03/2016
To: Mark Liftman From: Sean Kennedy
Firm: Theodore Liftman Insurance Department: Financial Institution Fidelity
City/State: Boston! MA Address: Hartford Plaza
Tel: 617-439-9595 City/State: Hartford, CT 06115
E-mail: Mark@lifinian.com Tel: (860) 547-4316
Fax: 617-439-3099 E-mail: SEAN.KENNEDY(ä)THEHARTFORD.COM
Fax: (917)464-6809
Please read thfr document carefiil&’. This temporary and conditional Binder of Inmran cc contains time sendth’e requirements to bind coverage.
Insured Name: Pointbreak ETF Tmst
Insured Address: 915 Creed Road,
Oadkland CA 94610
New Business Policy
Number: Fl 0297324
Policy Period: From: 08/02/2016 To: 08/02/2017
Binder Period: From: 08/02/2016 To: Policy Issuance
Policy Form: Investment Company Bond
Insuring Company: Hanford Fire Insurance Co., an Admitted Company
Payment Terms: Within 30 days
Based upon the information provided regarding the above captioned account, we are pleased to provide you with the following temporary and conditional Binder for Insurance on behalf of the Hanford Fire Insurance Co.. Hanford Fire Insumnce Co. is a member of The Hartford Insurance Group and is rated A+ (Superior), XV ($2 billion or more in capital and surplus and conditional reserves) by A.M. Best.
Please note that this Insurer is admitted to provide this covemge in the state of CA. It is your agency’s/brokemge’s responsibility to conform with the Laws & Regulations of the applicable jurisdiction, including, but not limited to, payment of premium taxes, procuring of affidavits and compliance with surplus lines laws.
Please be advised in those jurisdictions where countersignature is required, The Hartford will use its designated countersignature agent unless you request and receive authorization from The Hanford for use of an alternative countersignature agent. Responsibility for fees will be borne by you.
The Financial Institution Fidelity Department is an underwriting unit of Hartford Financial Products (HFP), one of the largest domestic providers of management liability insurance. HFP is a division of the member companies of The Hanford Financial Services Group, Inc. (NYSE:HIG). Through our individual underwriting units we offer a host of insurance products for management and professional liability including Directors & Officers, Fiduciary/Fidelity, General Partnership, Errors and Omissions, and Employment Practices. HFP is among the market leaders in providing various “cutting edge” financial products including Representations & Warranties and Tax Indemnity Insurance. If you would like to inquire further about any coverage listed above, please do not hesitate to contact us or to explore our web site at www.hThinsurance.com.
We appreciate this oppoitunity to work with you and look fonvard to discissing this temporary and conditional Binder in thither detail.
OPTION 1 LIMET OF INSURANCE DEDUCTIBLE** I
I. Employee $100,000 $25,000 I
II. Premises $100,000 $5,000
III. Transit $100,000 $5,000
TV. Forgery or Alteration $100,000 $5,000
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Investment Company Bond
Subsidiary Rider
Amend General Conditions B. Notice to Underwriter of Mergers,
Consolidations or Other Acquisitions Rider
Increase Number of days notice — 60 days
Producer Compensation Notice
Adding or Deducting Insureds Rider — Adding:
• Pointbreak Agriculture Commodity Strategy Fund
• Pointbreak Buyback Index Fund
• Pointbreak China Index Fund
• Pointbreak Diversified Commodity Strategy Fund
• Pointbreak met Security In dcx Fund
• Pointbreak US Internet Index Fund
Amend Notice-Proof-Legal Proceedings Against Underwriter —60 days
Amend Exclusion AU)
Claim Expense - $50,000 limit; $5,000 deductible
Mailing Address for Claims Endorsement
In Witness Signature Rider
V. Securities
$100,000
$5,000
VI. Counterfeit Currency
$100,000
$5,000
VII. Computer Systems Fraudulent Entry
$100,000
$5,000
VIII. Voice Initiated Transaction
$100,000
$5,000
TX. Telefacsimile Transfer Fraud
$100,000
$5,000
X. Uncollectible Items of Deposit
$50,000
$5,000
XI. Audit Expense
$50,000
$5,000
XII. Stop Payment
$50,000
$5,000
XIII. Unauthorized Signatures
$50,000
$5,000
ANNUAL PREIVIIUM:*** I $714
** Retention: Each Claim inclusive of Claims Expenses.
Statutoy taxes, fees and/or guarantee fund taxes and other applicable state speqfic premium surcharges are separate and in addition to the
indicated premium.
ADDITIONAL CONDITIONS
POLICY BILLING TERMS AND INFORMATION
/A
Type: Broker Bill
eturn Remittance to:
Via Check (Made payable to Hartford Fire Insurance Company)
Hanford Fire Insurance Company
C/O Bank of America
3793 Collection Center Dr.
Chicago, II. 60693
Via Wire Transfer
ABANuniber: 026-009-593
For Account: Hanford Fire Ins. Co.
Account Number: 375-157-7481
Reference: Policy # TBD Pointbreak ETF Tmst
ENDORSEMENTS, EXCLUSIONS AND LIMITATIONS
F6000
F6002
F6018
F6019
F5267
F6051
F6052
F6054
F6056
HG 0 OH 009
F6016


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Note: Endorsement titles are usedfor ease of reference only. If you have questions regarding the scope of the above
endorsements, please request a specimen copy using the corresponding form number above.
This Binder is subject to the underwriter’s receipt review and acceptance of the following prior to binding:
SUBJECTIVITIES
This group of subjectivities is required prior to binding, and in the event that they are not received, reviewed and accepted, The Hanford thily reserves its rights to amend the Policy. In addition, we do not waive any rights or defenses we may have in connection with the Policy, nor are we estopped from asserting all or any defenses that we may have available to us under the Policy.
This is a temporary and conditional Binder and is conditioned upon underwriter’s receiDt. review and acceDtance of the additional information specified above. If any such infonnation is not received, reviewed and accepted by The Hanford, then we will take any and all action appropriate and allowed under state law, including but not limited to voiding ab initio and/or canceling this temporary and conditional Binder and any binder issued pursuant thereto.
Please be aware that if prior to the effective date of binding coverage there is: a) any material change in the information requested by and/or submitted to The Hanford, or b) any material change in the hazard or risk contemplated in this Binder, the applicant must advise The Hanford immediately and prior to the effective date of the policy period. The Hanford thily reserves its rights with respect to the acceptance or denial of this risk in the event of any of the above.
Additionally, please be aware that if prior to the effective date of binding coverage there is any claim made against any insured or any notice of potential claim, occurrence, circumstance or wrongful act given under the expiring policy (if applicable), then we will take any and all action appropriate and allowed under state law, including but not limited to voiding ab initio and/or canceling this temporary and conditional Binder and binder issued pursuant thereto.