IMPORTANT NOTICE - INDEPENDENT AGENT AND BROKER COMPENSATION
NO COVERAGE IS PROVIDED BY THIS NOTICE. THIS NOTICE DOES NOT
AMEND ANY PROVISION OF YOUR POLICY. YOU SHOULD REVIEW
YOUR ENTIRE POLICY CAREFULLY FOR COMPLETE INFORMATION
ON THE COVERAGES PROVIDED AND TO DETERMINE YOUR RIGHTS
AND DUTIES UNDER YOUR POLICY. PLEASE CONTACT YOUR AGENT
OR BROKER IF YOU HAVE ANY QUESTIONS ABOUT THIS NOTICE
OR ITS CONTENTS. IF THERE IS ANY CONFLICT BETWEEN YOUR
POLICY AND THIS NOTICE, THE PROVISIONS OF YOUR POLICY
PREVAIL.
For information about how Travelers
compensates independent agents and brokers, please
visit www.travelers.com, call our toll-free telephone
number, 1-866-904-8348, or you may request a written
copy from Marketing at One Tower Square, 2GSA,
Hartford, CT 06183.
HOW TO REPORT LOSSES, CLAIMS, OR POTENTIAL CLAIMS
TO TRAVELERS
Reporting new losses, claims, or potential
claims promptly can be critical. It helps to
resolve covered losses or claims as quickly as
possible and often reduces the overall cost. Prompt
reporting:
- better protects the interests of all parties;
- helps Travelers to try to resolve losses or claims
more quickly; and
- often reduces the overall cost of a loss or
claim - losses or claims reported more than five days
after they happen cost on average 35% more than those
reported earlier.
Report losses, claims, or potential claims to Travelers
easily and quickly by fax, U S mail, or email.
FAX
Use this number to report a loss, claim, or potential
claim by fax toll free.
1-888-460-6622
US MAIL
Use this address to report a loss, claim, or potential
claim by U S Mail. Bond-FPS Claims Department Travelers
Mail Code NB08F
385 Washington Street Saint
Paul, Minnesota 55102
EMAIL
Use this address to report a loss, claim, or potential
claim by email.
Pro.E&O.Claim.Reporting@SPT.com
This is a general description of how to report a loss,
claim, or potential claim under this policy or bond. This
description does not replace or add to the terms of this
policy or bond. The policy or bond alone determines the
scope of coverage. Please read it carefully for complete
information on coverage. Contact your agent or broker
if you have any questions about coverage.
INVESTMENT COMPANY BLANKET BOND
St. Paul Fire and Marine Insurance Company
St. Paul, Minnesota 55102-1396 (A Stock Insurance Company,
herein called Underwriter)
The hard copy of the bond issued by the Underwriter will
be referenced in the event of a loss.
DECLARATIONS BOND NO. 490PB2725
Item 1. Name of Insured (herein called Insured):
JF CHINA REGION FUND, INC.
Principal Address:
c/o JP Morgan Chase Bank, N.A. 4 New York Plaza - 12th
Floor New York, NY 10004
Item 2. Bond Period from 12:01 a.m. on 09/30/10 to
12:01 a.m. on 09/30/2011 the effective date of the
termination or cancellation of the bond, standard
time at the Principal Address as to each of said dates.
Item 3. Limit of Liability
Subject to Sections 9, 10, and 12 hereof:
Limit of Liability Deductible Amount
Insuring Agreement A-FIDELITY $525,000 $15,000
Insuring Agreement B-AUDIT EXPENSE $50,000 $5,000
Insuring Agreement C-PREMISES $525,000 $15,000
Insuring Agreement D-TRANSIT $525,000 $15,000
Insuring Agreement E-FORGERY OR ALTERATION $525,000 $15,000
Insuring Agreement F-SECURITIES $525,000 $15,000
Insuring Agreement G-COUNTERFEIT CURRENCY $525,000 $15,000
Insuring Agreement H-STOP PAYMENT $50,000 $5,000
Insuring Agreement I-UNCOLLECTIBLE ITEMS OF
DEPOSIT
$50,000 $5,000
OPTIONAL COVERAGES ADDED BY RIDER:
Insuring Agreement J-COMPUTER SYSTEMS $525,000 $15,000
Insuring Agreement K-VOICE INITIATED TRANSACTIONS $525,000 $15,000
Insuring Agreement L-TELEFACSIMILE SYSTEMS $525,000 $15,000
Insuring Agreement M-UNAUTHORIZED SIGNATURES $50,000 $5,000
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.
Item 4. Offices or Premises Covered - Offices acquired or
established subsequent to theeffective date of this bond
are covered according to the terms of GeneralAgreement
A. All the Insured's 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:
N/A ICB001 Rev. 7/04
2004 The Travelers Indemnity Company. All rights
reserved. Page 1 of 2
Item 5. The liability of the Underwriter is subject
to the terms of the followingendorsements or riders
attached hereto: Endorsements or Riders No. 1 through
ICB011 Ed. 7-04, ICB012 Ed. 7-04, ICB013 Ed. 7-04,
ICB014 Ed. 7-04, ICB016 Ed. 7-04, ICB022 Ed. 7-04,
ICB026 Ed. 7-04, ICB057 Ed. 4-05
Item 6. The Insured by the acceptance of this bond
gives notice to the Underwriterterminating or canceling
prior bonds or policy(ies) No.(s) 490PB2387 such
termination or cancellation to be effective as of the
time this bond becomes effective.
IN WITNESS WHEREOF, the Company has caused this bond to
be signed by its President and Secretary and countersigned
by a duly authorized representative of the Company.
Countersigned: ST. PAUL FIRE AND MARINE INSURANCE COMPANY
/s/Bruce Backberg, Secretary
/s/Brian MacLean, President
Authorized Representative Countersigned At
Countersignature Date
ICB001 Rev. 7/04
2004 The Travelers Indemnity Company. All rights reserved.
Page 2 of 2
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:
(a)
to cause the Insured to sustain such loss; and
(b)
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.
(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.
Office and Equipment
(1)
loss of or damage to furnishings, fixtures, stationery,
supplies or equipment, within any of the Insured's offices
covered under this bond caused by Larceny or theft in, or by
burglary, robbery or hold-up of, such office, or attempt
thereat, or by vandalism or malicious mischief; or
(2)
loss through damage to any such office by Larceny or theft
in, or by burglary, robbery or hold-up 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.
(D) IN TRANSIT
Loss of Property (occurring with or without negligence or
violence) through robbery, Larceny, theft, hold-up, 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 0R ALTERATION
Loss through Forgery or alteration of or on:
(1)
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; or
(2)
other written instructions, advices or applications directed
to the Insured, authorizing or acknowledging the transfer,
payment, delivery or receipt of funds or Property, which
instructions, advices or applications purport to
have been signed or endorsed by any:
(a)
customer of the Insured, or
(b)
shareholder or subscriber to shares, whether
certificated or uncertificated, of any Investment
Company, or
(c)
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, or financial or banking
institution or stockbroker; or
(3)
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,
(1)
through the Insured's 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:
(a)
counterfeited, or
(b)
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
(c)
raised or otherwise altered, or lost, or stolen, or
(2)
through the Insured's 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.
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.
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.
Mechanically reproduced facsimile
signatures are treated the same as handwritten
signatures.
(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 Canada 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
customer's, shareholder's, or subscriber's account
based upon Uncollectible Items of Deposit of a customer,
shareholder or subscriber credited by the Insured or
the Insured's agent to such customer's, shareholder's or
subscriber's Mutual Fund Account; or loss resulting
from an Item of Deposit processed through an Automated
Clearing House which is reversed by the customer,
shareholder or subscriber and deemed uncollectible
by the Insured.
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 the Underwriter 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. ADDITIONAL OFFICES OR EMPLOYEES CONSOLIDATION OR
MERGER - NOTICE
(1) If the Insured shall, while this bond is in force,
establish any additional office or offices, such 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.
(2) 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.
B. WARRANTY
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. COURT COSTS AND ATTORNEYS' FEES
(Applicable to all Insuring Agreements or Coverages
now or hereafter forming part of this bond)
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 Insured's 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:
(1)
an Employee admits to being guilty of any dishonest or
fraudulent act(s), including Larceny or Embezzlement; or
(2)
an Employee is adjudicated to be guilty of any dishonest
or fraudulent act(s), including Larceny or Embezzlement;
(3)
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.
The Insured shall promptly give notice to the Underwriter of
any such suit or legal proceedings and at the request of the
Underwriter shall furnish it with copies of all pleadings and
other papers therein. At the Underwriter's election
the Insured shall permit the Underwriter to conduct the
defense of such suit or legal proceeding, in the Insured's
name, through attorneys of the Underwriter's 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.
If the amount of the Insured's 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
Insured's 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
(2) any of the officers or employees of any The following terms, as
used in this bond have the predecessor of the Insured whose
principal respective meanings stated in this Section: assets
are acquired by the Insured by
(a) "Employee" means: consolidation or merger with, or
purchas of assets or capital stock of, such predecessor,
(1) any of the Insured's officers, partners, or and
employees, and
(3)
attorneys retained by the Insured to perform legal services
for the Insured and the employees of such attorneys while such
attorneys or employees of such attorneys are performing such
services for the Insured, and
(4)
guest students pursuing their studies or duties in any of
the Insured's offices, and
(5)
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
(6)
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
(7)
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
(8)
those persons so designated in Section 15, Central Handling of
Securities, and
(9)
any officer, partner, or Employee of:
(a)
an investment advisor,
(b)
an underwriter (distributor),
(c)
a transfer agent or shareholder accounting record-keeper,
or
(d)
an administrator authorized by written agreement to keep
financial and/or other required records,
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 advisor, underwriter or administrator
of such Investment Company, and which is not a bank, shall be
included within the definition of Employee.
Each employer of temporary personnel or processors as set
forth in sub-sections (6) and (7) 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.
Brokers, or other agents under contract or representatives of
the same general character shall not be considered Employees.
(b)
"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 predecessor's
declared financial condition at the time of the Insured's
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 gratuitously or
not and whether or not the Insured is liable therefor.
(c)
"Forgery" means the signing of the name of another with intent
to deceive; it does not include the signing of one's own name
with or without authority, in any capacity, for any purpose.
(d)
"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.
(e)
"Items of Deposit" means any one or more checks and drafts. Items
of Deposit shall not be deemed uncollectible until the Insured's
collection procedures have failed.
SECTION 2. EXCLUSIONS
THIS BOND, DOES NOT COVER:
(a)
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).
(b)
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.
(c)
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.
(d)
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.
(e)
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).
(f)
loss resulting from any violation by the Insured or by any Employee:
(1)
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
(2)
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).
(g)
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
Insured's 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 company's service, and then this bond shall cover
only such excess.
(h)
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).
(i)
all damages of any type for which the Insured is legally liable,
except direct compensatory damages arising from a loss covered under
this bond.
(j)
loss through the surrender of Property away from an office of the
Insured as a
result of a threat:
(1)
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
(2)
to do damage to the premises or Property of the Insured, except
when covered under Insuring Agreement (A).
(k)
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).
(l)
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 depositors
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).
(m)
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.
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 Insured's rights and causes of action
as it may have against such Employers by reason of such acts so
committed shall, to the extent of such payment, be given by the
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 Insured's 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 proceedings 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:
(a)
becomes aware of facts, or
(b)
receives written notice of an actual or potential claim by
a third party which alleges that the Insured is liable
under circumstances,
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.
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 of 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 morethan 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 Insured's rights, title and interest 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
therefore, 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 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 NONACCUMULATION 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 or premiums which shall be payable or paid, the liability
of the Underwriter under this bond with respect to all loss
resulting from:
(a)
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
(b)
any one unintentional or negligent act on the part of
any other person resulting in damage to or destruction or
misplacement of Property, shall be deemed to be one loss,
or
(c)
all wrongful acts, other than those specified in (a) above,
of any one person shall be deemed to be one loss, or
(d)
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
(e)
any one casualty or event other than those specified
in (a), (b), (c) or (d) preceding, shall be deemed to be one
loss, and
shall be limited to the applicable Limit of Liability stated in
Item 3 of the Declarations of this bond irrespective of the total
amount of such loss or losses 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 of 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 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:
(a)
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
(b)
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
(c)
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.
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 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.
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:
(a) 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
(b) upon takeover of the Insured's business by any State or Federal
official or agency, or by any receiver or liquidator, acting or
appointed for this purpose 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 a receiver or liquidator, acting or appointed
to take over the Insured's business for the operation or
for the liquidation thereof or for any purpose.
SECTION 15. CENTRAL HANDLING OF SECURITIES
Securities included in the system 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 Insured's
interest therein as effected 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 or 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 the said
Exchanges or Corporations 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 Insured's 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 Insured's 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 judgment
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
all such interests and that the Insured's share of such excess
loss(es) shall be the amount of the Insured's 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 assignment of such of the Insured's 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 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:
(a)
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;
(b)
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;
(c)
the Underwriter shall not be responsible for the proper
application of any payment made hereunder to said first
named Insured;
(d)
knowledge possessed or discovery made by any partner,
officer of 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
(e)
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.
SECTION 17. NOTICE AND CHANGE OF CONTROL
Upon the Insured 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:
(a)
the names of the transferors and transferees (or the
names of the beneficial owners if the voting securities
are requested in another name), and
(b)
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
(c)
the total number of outstanding voting securities.
As used in this section, control means the power to exercise
a controlling influence over the management or policies of
the Insured.
Failing 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 Underwriter's 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 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.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
The following spaces preceded by an (*) need not be completed if this
endorsement or rider and the Bond or Policy have the same
inception date.
490PB2725 ATTACHED TO AND FORMING PART OF BOND OR POLICY
NO. 12/14/10 DATE
ENDORSEMENT OR RIDER EXECUTED 09/30/10 * EFFECTIVE DATE OF
ENDORSEMENT OR
RIDER 12:01 A.M. LOCAL TIME AS SPECIFIED IN THE BOND OR
POLICY
* ISSUED TO
JF CHINA REGION FUND, INC.
COMPUTER SYSTEMS
It is agreed that:
1. The attached bond is amended by adding an additional
Insuring Agreement as follows:
INSURING AGREEMENT J COMPUTER SYSTEMS
Loss resulting directly from a fraudulent
entry of data into, or
(2)
change of data elements or program within,
a Computer System listed in the SCHEDULE below, provided
the fraudulent entry or change causes
(a)
Property to be transferred, paid or delivered,
(b)
an account of the Insured, or of its customer, to be added,
deleted, debited or credited, or
(c)
an unauthorized account or a fictitious account to be debited
or credited, and provided further, the fraudulent entry or
change is made or caused by an
individual acting with the manifest intent to
cause the Insured to sustain a loss, and
(ii)
obtain financial benefit for that individual or for other persons
intended by that individual to receive financial benefit.
SCHEDULE
All systems utilized by the Insurer
2. As used in this Rider, Computer System means
(a)
computers with related peripheral components, including storage
components, wherever located,
systems and applications software,
terminal devices, and
related communication networks
by which data are electronically collected, transmitted,
processed, stored and retrieved.
3. In addition to the exclusions in the attached bond, the
following exclusions are applicable to the Computer
Systems Insuring Agreement:
(a)
loss resulting directly or indirectly from the theft of
confidential information, material or data; and
(b)
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
(c)
loss discovered by the Insured before this Rider is executed or
after coverage under this Rider terminates.
4. Solely with respect to the Computer Systems Insuring Agreement,
the following replaces SECTION 9, NONREDUCTION AND NON-ACCUMULATION
OF LIABILITY AND TOTAL LIABILITY, (a) - (e), of the CONDITIONS AND
LIMITATIONS:
(a)
all fraudulent activity of any one person, or in which any
one person is implicated, whether or not that person is
specifically identified, shall be deemed to be one loss, or
(b)
a series of losses involving unidentified persons but
arising from the same method of operation shall be deemed
to be one loss, and
5. The following is added to the OPTIONAL COVERAGE ADDED
BY RIDER section of Item 3. of the DECLARATIONS:
Limit of Liability Deductible Amount Insuring Agreement J
Computer Systems $525,000 $15,000
6. The following is added to the CONDITIONS AND LIMITATIONS:
If any loss is covered under the Computer Systems 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 such Insuring Agreement
or Coverage.
7. The following is added to SECTION 13. TERMINATION of the
CONDITIONS AND LIMITATIONS:
Coverage under this Rider may also be terminated or canceled
without canceling the bond as an entirety
(a)
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
(b)
immediately upon receipt by the Underwriter of a written
request from the Insured to terminate or cancel coverage
under this Rider.
The Underwriter shall refund to the Insured the unearned
premium for the coverage under this Rider. The refund shall
be computed at short rates if this Rider be terminated or
canceled or reduced by notice from, or at the instance of,
the Insured.
Nothing herein contained shall be held to vary, alter, waive,
or extend any of the terms, conditions, provisions, agreements
or limitations of the above mentioned Bond or Policy, other
than as above stated.
By
Authorized Representative
INSURED
The following spaces preceded by an (*) need not be completed
if this endorsement or rider and the Bond or Policy have the
same inception date. The hard copy of the bond issued by the
Underwriter will be referenced in the event of a loss.
ATTACHED TO DATE ENDORSEMENT * EFFECTIVE DATE OF
AND FORMING ENDORSEMENT OR RIDER
PART OF
BOND OR POLICY NO. OR RIDER EXECUTED
BOND OR POLICY NO. 12:01 A.M. STANDARD TIME AS
SPECIFIED IN THE BOND OR POLICY
490PB2725 12/14/10 09/30/10
* ISSUED TO
JF CHINA REGION FUND, INC.
UNAUTHORIZED SIGNATURES
It is agreed that:
1. The attached bond is amended by inserting an additional
Insuring Agreement as follows:
INSURING AGREEMENT M UNAUTHORIZED SIGNATURE
(A)
Loss resulting directly from the Insured having
accepted, paid or cashed any check or withdrawal order,
draft, made or drawn on a customer's 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.
(B)
It shall be a condition precedent to the Insured's
right of recovery under this Rider that the Insured shall
have on file signatures of all persons who are authorized
signatories on such account.
2. The total liability of the Underwriter under Insuring Agreement
M is limited to the sum of Fifty Thousand Dollars ($50,000 ),
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 or amendment
thereof.
3. With respect to coverage afforded under this Rider, the
Deductible Amount shall be Five Thousand Dollars ($5,000 ).
Nothing herein contained shall be held to vary, alter, waive,
or extend any of the terms, conditions, provisions, agreements
or limitations of the above mentioned Bond or Policy, other
than as above stated.
By
Authorized Representative
INSURED
The following spaces preceded by an (*) need not be
completed if this endorsement or rider and the Bond or
Policy have the same inception date. The hard copy of
the bond issued by the Underwriter will be referenced in the
event of a loss.
ATTACHED TO DATE ENDORSEMENT * EFFECTIVE DATE OF
AND FORMING
PART OF
BOND OR POLICY NO. OR RIDER EXECUTED ENDORSEMENT OR RIDER
OR RIDER EXECUTED
12:01 A.M. STANDARD TIME AS
490PB2725 09/30/10
SPECIFIED IN THE BOND OR POLICY
* ISSUED TO
JF CHINA REGION FUND, INC.
TELEFACSIMILE TRANSACTIONS
It is agreed that:
1. The attached Bond is amended by adding an additional Insuring
Agreement as follows:
INSURING AGREEMENT L TELEFACSIMILE TRANSACTIONS
Loss caused by a Telefacsimile Transaction, where the request
for such Telefacsimile Transaction is unauthorized or fraudulent
and is made with the manifest intent to deceive; provided, that the
entity which receives such request generally maintains and follows
during the Bond Period all Designated Fax Procedures with respect to
Telefacsimile Transactions. The isolated failure of such entity to
maintain and follow a particular Designated Fax Procedure in a particular
instance will not preclude coverage under this Insuring Agreement,
subject to the exclusions herein and in the Bond.
2. Definitions. The following terms used in this Insuring Agreement
shall have the following meanings:
a. "Telefacsimile System" means a system of transmitting
and reproducing fixed graphic material (as, for example,
printing) by means of signals transmitted over telephone
lines.
b. "Telefacsimile Transaction" means any Fax Redemption,
Fax Election, Fax Exchange, or Fax Purchase.
c. "Fax Redemption" means any redemption of shares issued
by an Investment Company which is requested through a
Telefacsimile System.
d. "Fax Election" means any election concerning dividend
options available to Fund shareholders which is requested
through a Telefacsimile System.
e. "Fax Exchange" means any exchange of shares in a
registered account of one Fund into shares in an identically
registered account of another Fund in the same complex pursuant
to exchange privileges of the two Funds, which exchange is
requested through a Telefacsimile System.
f. "Fax Purchase" means any purchase of shares issued by an
Investment Company which is requested through a Telefacsimile
System.
g. "Designated Fax Procedures" means the following procedures:
(1) Retention: All Telefacsimile Transaction requests
shall be retained for at least six (6) months. Requests shall be
capable of being retrieved and produced in legible form within a
reasonable time after retrieval is requested.
(2) Identity Test: The identity of the sender in any request
for a Telefacsimile Transaction shall be tested before executing
that Telefacsimile Transaction, either by requiring the sender to
include on the face of the request a unique identification number
or to include key specific account information. Requests of Dealers
must be on company letterhead and be signed by an authorized
representative. Transactions by occasional users are to be verified
by telephone confirmation.
(3)
Contents: A Telefacsimile Transaction shall not be executed
unless the request for such Telefacsimile Transaction is dated and
purports to have been signed by (a) any shareholder or subscriber
to shares issued by a Fund, or (b) any financial or banking institution
or stockbroker.
(4)
Written Confirmation: A written confirmation of each Telefacsimile
Transaction shall be sent to the shareholder(s) to whose account such
Telefacsimile Transaction relates, at the record address, by the end of
the Insured's next regular processing cycle, but no later than five (5)
business days following such Telefacsimile Transaction.
i.
"Designated" means or refers to a written designation signed by
a shareholder of record of a Fund, either in such shareholder's
initial application for the purchase of Fund shares, with or
without a Signature Guarantee, or in another document with a
Signature Guarantee.
j.
"Signature Guarantee" means a written guarantee of a signature,
which guarantee is made by an Eligible Guarantor Institution as
defined in Rule 17Ad-15(a)(2) under the Securities Exchange Act
of 1934.
3. Exclusions. It is further understood and agreed that this Insuring
Agreement shall not cover:
a.
Any loss covered under Insuring Agreement A, "Fidelity," of this
Bond; and Any loss resulting from:
(1)
Any Fax Redemption, where the proceeds of such redemption were
requested to be paid or made payable to other than (a) the
shareholder of record, or (b) a person Designated in the initial
application or in writing at least one (1) day prior to such
redemption to receive redemption proceeds, or (c) a bank account
Designated in the initial application or in writing at least one
(1) day prior to such redemption to receive redemption proceeds; or
(2)
Any Fax Redemption of Fund shares which had been improperly
credited to a shareholder's account, where such shareholder (a)
did not cause, directly or indirectly, such shares to be credited
to such account, and (b) directly or indirectly received any proceeds
or other benefit from such redemption; or
(3)
Any Fax Redemption from any account, where the proceeds of such
redemption were requested to be sent to any address other than
the record address or another address for such account which was
designated (a) over the telephone or by telefacsimile at least
fifteen (15) days prior to such redemption, or (b) in the initial
application or in writing at least one (1) day prior to such
redemption; or
(4)
The intentional failure to adhere to one or more Designated Fax
Procedures; or
(5)
The failure to pay for shares attempted to be purchased.
4. The Single Loss Limit of Liability under Insuring Agreement L
is limited to the sum of Five Hundred Twenty Five Thousand Dollars
($525,000 ) 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 or amendments thereof.
5. With respect to coverage afforded under this Rider the applicable
Single loss Deductible Amount is Fifteen Thousand Dollars
($15,000 ). Nothing herein contained shall be held to vary,
alter, waive, or extend any of the terms, conditions, provisions,
agreements or limitations of the above mentioned Bond or Policy,
other than as above stated.
By
Authorized Representative
INSURED
The following spaces preceded by an (*) need not be completed if
this endorsement or rider and the Bond or Policy have the same
inception date. The hard copy of the bond issued by the
Underwriter will be referenced in the event of a loss.
ATTACHED TO AND FORMING PART OF DATE ENDORSEMENT * EFFECTIVE
DATE OF
ENDORSEMENT OR RIDER
BOND OR POLICY NO. OR RIDER EXECUTED 12:01 A.M. STANDARD TIME AS
SPECIFIED IN THE BOND OR POLICY
490PB2725 12/14/10 09/30/10
* ISSUED TO
JF CHINA REGION FUND, INC.
VOICE INITIATED TRANSACTIONS
It is agreed that:
1. The attached bond is amended by inserting an additional
Insuring Agreement as follows:
INSURING AGREEMENT K -VOICE-INITIATED TRANSACTIONS
Loss caused by a Voice-initiated Transaction, where the request
for such Voice-initiated Transaction is unauthorized or fraudulent
and is made with the manifest intent to deceive; provided, that the
entity which receives such request generally maintains and follows
during the Bond Period all Designated Procedures with respect to
Voice-initiated Redemptions and the Designated Procedures described
in paragraph 2f (1) and (3) of this Rider with respect to all
other Voice-initiated Transactions. The isolated failure of such
entity to maintain and follow a particular Designated Procedure in
a particular instance will not preclude coverage under this Insuring
Agreement, subject to the specific exclusions herein and in the
Bond.
2. Definitions. The following terms used in this Insuring Agreement
shall have the following meanings:
a. "Voice-initiated Transaction" means any Voice-
initiated Redemption, Voice-initiated Election,
Voice-initiated Exchange, or Voice-initiated
Purchase.
b. "Voice-initiated Redemption" means any redemption of
shares issued by an Investment Company which is requested by
voice over the telephone.
c. "Voice-initiated Election" means any election concerning
dividend options available to Fund shareholders which is
requested by voice over the telephone.
d. "Voice-initiated Exchange" means any exchange of shares
in a registered account of one Fund into shares in an identically
registered account of another Fund in the same complex pursuant to
exchange privileges of the two Funds, which exchange is requested by
voice over the telephone.
e. "Voice-initiated Purchase" means any purchase of shares
issued by an Investment Company which is requested by voice over
the telephone.
f. "Designated Procedures" means the following procedures:
(1) Recordings: All Voice-initiated Transaction requests
shall be recorded, and the recordings shall be retained for
at least six (6) months. Information contained on the recordings
shall be capable of being retrieved and produced within a
reasonable time after retrieval of specific information is
requested, at a success rate of no less than 85%.
(2) Identity Test: The identity of the caller in any request
for a Voice-initiated Redemption shall be tested before executing
that Voice-initiated Redemption, either by requesting the caller
to state a unique identification number or to furnish key specific
account information.
(3) Written Confirmation: A written confirmation of each
Voice-initiated Transaction and of each change of the record
address of a Fund shareholder requested by voice over the telephone
shall be mailed to the shareholder(s) to whose account such
Voice-initiated Transaction or change of address relates, at the
original record address (and, in the case of such change of address,
at the changed record address) by the end of the Insured's next
regular processing cycle, but no later than five (5) business
days following such Voice-initiated Transaction or change of
address.
g.
"Investment Company" or "Fund" means an investment company registered
under the Investment Company Act of 1940.
h.
"Officially Designated" means or refers to a written designation
signed by a shareholder of record of a Fund, either in such
shareholder's initial application for the purchase of Fund
shares, with or without a Signature Guarantee, or in another
document with a Signature Guarantee.
i.
"Signature Guarantee" means a written guarantee of a signature,
which guarantee is made by a financial or banking institution whose
deposits are insured by the Federal Deposit Insurance Corporation or
by a broker which is a member of any national securities exchange
registered under the Securities Exchange Act of 1934.
3. Exclusions. It is further understood and agreed that this Insuring
Agreement shall not cover:
a.
Any loss covered under Insuring Agreement A, "Fidelity, " of this Bond;
and Any loss resulting from:
(1)
Any Voice-initiated Redemption, where the proceeds of such
redemption were requested to be paid or made payable to
other than (a) the shareholder of record, or (b) a person
Officially Designated to receive redemption proceeds, or
(c) a bank account Officially Designated to receive
redemption proceeds; or
(2)
Any Voice-initiated Redemption of Fund shares which had been
improperly credited to a shareholder's account, where such
shareholder (a) did not cause, directly or indirectly, such
shares to be credited to such account, and (b) directly or
indirectly received any proceeds or other benefit from
such redemption; or
(3)
Any Voice-initiated Redemption from any account, where the
proceeds of such redemption were requested to be sent (a) to
any address other than the record address for such account,
or (b) to a record address for such account which was either
(i) designated over the telephone fewer than thirty (30) days
prior to such redemption, or (ii) designated in writing
less than on (1) day prior to such redemption; or
(4)
The intentional failure to adhere to one or more Designated
Procedures; or
(5)
The failure to pay for shares attempted to be purchased; or
(6)
Any Voice-initiated Transaction requested by voice over the
telephone and received by an automated system which receives
and converts such request to executable instructions.
4. The total liability of the Underwriter under Insuring Agreement
K is limited to the sum of Five Hundred Twenty Five Thousand
Dollars ($525,000 ), 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 or amendment thereof.
5. With respect to coverage afforded under this Rider the applicable
Deductible Amount is Fifteen Thousand Dollars ($15,000 ). Nothing
herein contained shall be held to vary, alter, waive, or extend any of
the terms, conditions, provisions, agreements or limitations of
the above mentioned Bond or Policy, other than as above stated.
By
Authorized Representative
INSURED
The following spaces preceded by an (*) need not be completed
if this endorsement or rider and the Bond or Policy have the
same inception date. The hard copy of the bond issued by the
Underwriter will be referenced in the event of a loss.
ATTACHED TO AND FORMING PART OF DATE ENDORSEMENT * EFFECTIVE
DATE OF
ENDORSEMENT OR RIDER
BOND OR POLICY NO. OR RIDER EXECUTED 12:01 A.M. STANDARD TIME AS
SPECIFIED IN THE BOND OR POLICY
490PB2725 12/14/10 09/30/10
* ISSUED TO
JF CHINA REGION FUND, INC.
DEFINITION OF INVESTMENT COMPANY
It is agreed that:
1. Section 1, Definitions, under General Agreements is amended to
include the following paragraph:
(f) Investment Company means an investment company registered
under the Investment Company Act of 1940 and as listed under the
names of Insureds on the Declarations.
Nothing herein contained shall be held to vary, alter, waive, or
extend any of the terms, conditions, provisions, agreements or
limitations of the above mentioned Bond or Policy, other than
as above stated.
By
Authorized Representative
INSURED
The following spaces preceded by an (*) need not be completed
if this endorsement or rider and the Bond or Policy have the
same inception date.
ATTACHED TO AND FORMING PART OF DATE ENDORSEMENT * EFFECTIVE DATE OF
ENDORSEMENT OR RIDER
BOND OR POLICY NO. OR RIDER EXECUTED 12:01 A.M. STANDARD TIME AS
SPECIFIED IN THE BOND OR POLICY
490PB2725 12/14/10 09/30/10
* ISSUED TO
JF CHINA REGION FUND, INC.
AMEND DEFINITION OF EMPLOYEE (INCLUDE CONTRACTORS)
It is agreed that:
1. Section 1(a) EMPLOYEES, under Definitions -CONDITIONS AND
LIMITATIONS, is amended to include the following sub-section;
(10) A person provided by an employment contractor to perform
duties for the Insured under the Insured's supervision at any of
the Insured's offices or premises covered hereunder.
Nothing herein contained shall be held to vary, alter, waive, or
extend any of the terms, conditions, provisions, agreements or
limitations of the above mentioned Bond or Policy, other than as
above stated.
By
Authorized Representative
INSURED
The following spaces preceded by an (*) need not be completed
if this endorsement or rider and the Bond or Policy have the
same inception date. The hard copy of the bond issued by the
Underwriter will be referenced in the event of a loss.
ATTACHED TO AND FORMING PART OF DATE ENDORSEMENT * EFFECTIVE DATE OF
ENDORSEMENT OR RIDER
BOND OR POLICY NO. OR RIDER EXECUTED 12:01 A.M. STANDARD TIME AS
SPECIFIED IN THE BOND OR POLICY
490PB2725 12/14/10 09/30/10
* ISSUED TO
JF CHINA REGION FUND, INC.
ADD EXCLUSIONS (N) & (O)
It is agreed that:
1. Section 2, Exclusions, under General Agreements, is amended to
include the following sub-sections:
(n)
loss from the use of credit, debit, charge, access, convenience,
identification, cash management or other cards, whether
such cards were issued or purport to have been issued by the
Insured or by anyone else, unless such loss is otherwise covered
under Insuring Agreement A.
(o)
the underwriter shall not be liable under the attached bond for
loss due to liability imposed upon the Insured as a result of
the unlawful disclosure of non-public material information by the
Insured or any Employee, or as a result of any Employee acting
upon such information, whether authorized or
unauthorized.
Nothing herein contained shall be held to vary, alter, waive,
or extend any of the terms, conditions, provisions, agreements
or limitations of the above mentioned Bond or Policy, other
than as above stated.
By
Authorized Representative
INSURED
The following spaces preceded by an (*) need not be completed
if this endorsement or rider and the Bond or Policy have the
same inception date. The hard copy of the bond issued by the
Underwriter will be referenced in the event of a loss.
ATTACHED TO AND FORMING PART OF DATE ENDORSEMENT
* EFFECTIVE DATE OF
ENDORSEMENT OR RIDER
BOND OR POLICY NO. OR RIDER EXECUTED 12:01 A.M. STANDARD TIME AS
SPECIFIED IN THE BOND OR POLICY
490PB2725 12/14/10 09/30/10
* ISSUED TO
JF CHINA REGION FUND, INC.
NEW YORK STATUTORY RIDER
1. The first paragraph of Section 13. "TERMINATION" under
Conditions and Limitations is amended by adding the following:
Cancellation of this bond by the Underwriter is subject to
the following provisions:
If the bond has been in effect for 60 days or less, it may be
canceled by the Underwriter for any reason. Such cancellation
shall be effective 60 days after the Underwriter mails a notice
of cancellation to the first-named Insured at the mailing address
shown in the bond. However, if the bond has been in effect for
more than 60 days or is a renewal, then cancellation must be based
on one of the followings grounds:
(A)
non-payment of premium, however, that a notice of cancellation on
this ground shall inform the insured of the amount due;
(B)
conviction of crime arising out of acts increasing the hazard
insured against;
(C)
discovery of fraud or material misrepresentation in the obtaining
of the bond or in the presentation of claim thereunder;
(D)
after issuance of the bond or after the last renewal date,
discovery of an act or omission, or a violation of any bond
condition that substantially and materially increases the hazard
Insured against, and which occurred subsequent to inception of the
current bond period;
(E)
material change in the nature or extent of the risk, occurring
after issuance or last annual renewal anniversary date of the
bond, which causes the risk of loss to be substantially and
materially increased beyond that contemplated at
the time the bond was issued or last renewed;
(F)
the cancellation is required pursuant to a determination by
the superintendent that continuation of the present premium
volume of the Insurer would jeopardize the Insurer's solvency or
be hazardous to the interest of the Insureds, the Insurer's
creditors or the public;
(G)
a determination by the superintendent that the continuation of
the bond would violate, or would place the Insurer in violation
of, any provision of the New York State Insurance laws.
(H)
where the Insurer has reason to believe, in good faith and
with sufficient cause, that there is a possible risk or danger
that the Insured property will be destroyed by the Insured for
the purpose of collecting the insurance proceeds, provided,
however, that:
(i)
a notice of cancellation on this ground shall inform the
Insured in plain language that the Insured must act within
ten days if review by the Insurance Department of the State
of New York of the ground for cancellation is desired, and
(ii)
notice of cancellation on this ground shall be provided
simultaneously by the Insurer to the Insurance Department
of the State of New York.
(iii)
upon written request of the Insured made to the Insurance
Department of the State of New York within ten days from the
Insured's receipt of notice o fcancellation on this ground,
the department shall undertake a review of the
ground for cancellation to determine whether or not the
Insurer has satisfied the criteria for cancellation specified
in this subparagraph; if after such review the Cancellation
based on one of the above grounds shall be effective 60
days after the notice of cancellation is mailed or delivered
to the Named Insured, at the address shown on the bond, and to
its authorized agent or broker.
If the Underwriter elects not to replace a bond at the termination
of the Bond Period, it shall notify the Insured not more than
120 days nor less than 60 days before termination. If such
notice is given late, the bond shall continue in effect for
60 days after such notice is given. The Aggregate Limit of
Liability shall not be increased or reinstated. The notice
not to replace shall be mailed to the Insured and its broker
or agent. If the Underwriter elects to replace the bond, but
with a change of limits, reduced coverage, increased deductible,
additional exclusion, or upon increased premiums in excess of ten
percent (exclusive of any premium increase as a result of experience
rating), the Underwriter must mail written notice to the Insured and
its agent or broker not more than 120 days nor less than 60
days before replacement. If such notice is given late, the
replacement bond shall be in effect with the same terms,
conditions and rates as the terminated bond for 60 days after
such notice is given.
The Underwriter may elect to simply notify the Insured that the
bond will either be not renewed or renewed with different terms,
conditions or rates. In this event, the Underwriter will
inform the Insured that a second notice will be sent at a
later date specifying the Underwriter's exact intention.
The Underwriter shall inform the Insured that, in the meantime,
coverage shall continue on the same terms, conditions and rates
as the expiring bond until the expiration date of the bond or
60 days after the second notice is mailed or delivered, whichever
is later.
Nothing herein contained shall be held to vary, alter, waive, or
extend any of the terms, conditions, provisions, agreements or
limitations of the above mentioned Bond or Policy, other
than as above stated.
By
Authorized Representative
INSURED