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INVESTMENT COMPANY BOND
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Bond No. FI 0240322
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Hartford Casualty Insurance Company
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Hartford, CT 06115
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(Herein called UNDERWRITER)
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DECLARATIONS
Item 1.
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Name of Insured (herein called INSURED(S)): RMR F.I.R.E. Fund
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Principal Address: 400 Centre Street, Newton, MA 02458
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Item 2.
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Bond Period: from 12:01 a.m. on
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December 18, 2007
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to 12:01 a.m. on
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December 18. 2008
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Standard Time.
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(MONTH, DAY, YEAR)
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(MONTH, DAY, YEAR)
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Item 3.
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Limit of Liability:
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$400,000
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Provided however, that if specific limits, are shown below as
applicable to any specified COVERAGE, such specific limits shall apply to the
coverage provided by such COVERAGES and are in lieu of, and not in addition
to, the above bond Limit of Liability. If Not Covered is inserted below
beside any specified COVERAGE, the coverage provided by such COVERAGE is
deleted from this bond.
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COVERAGES
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Limit of Liability
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Deductible
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I.
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Employee
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$
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400,000
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$
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5,000
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II.
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Premises
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$
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400,000
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$
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5,000
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III.
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Transit
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$
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400,000
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$
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5,000
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IV.
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Forgery or
Alteration
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$
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400,000
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$
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5,000
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V.
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Securities
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$
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400,000
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$
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5,000
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VI.
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Counterfeit
Currency
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$
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400,000
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$
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5,000
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VII.
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Computer
Systems Fraudulent Entry
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$
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400,000
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$
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5,000
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VIII.
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Voice
Initiated Transaction
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$
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400,000
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$
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5,000
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IX.
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Telefacsimile
Transfer Fraud
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$
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400,000
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$
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5,000
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X.
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Uncollectible
Items of Deposit
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$
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100,000
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$
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5,000
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XI.
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Audit
Expense
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$
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100,000
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$
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5,000
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XII.
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Stop Payment
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$
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100,000
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$
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5,000
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XIII.
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Unauthorized
Signatures
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$
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100,000
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$
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5,000
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Optional
Coverages:
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$
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$
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$
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$
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$
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$
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No Deductible shall apply to any loss under COVERAGE I. sustained by
any Investment Company.
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Item 4.
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The Coverages provided by this Bond are also subject to the terms of
the following riders issued herewith:
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F-6016; F-6018; F-6019
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Item 5.
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The INSURED by the acceptance of this bond gives notice to the
UNDERWRITER terminating or canceling prior bond(s) or policy(ies)
No.(s)
such termination or cancellation to be effective as of the time this bond
becomes effective.
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This bond will not be valid unless countersigned by our duly authorized
representative.
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Countersigned by
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Signed, this 11th day of March 2008.
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David Castillo, Authorized Representative
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Form F-6000-0
1
The UNDERWRITER, in consideration of the payment of premium, and in
reliance upon all statements made and information furnished to the UNDERWRITER
by the INSURED in applying for this bond, and subject to the DECLARATIONS,
COVERAGES, GENERAL CONDITIONS, DEFINITIONS AND LIMITATIONS and other terms
hereof, agrees to indemnify the INSURED for:
COVERAGES
I.
EMPLOYEE
Loss to the INSURED directly resulting from Larceny or Embezzlement
committed by any Employee, acting alone or in collusion with others.
II.
PREMISES
A.
PROPERTY
Loss of Property directly resulting from robbery, burglary, larceny
(common-law or statutory), mysterious disappearance, damage, destruction or
removal from the possession, custody or control of the INSURED, while such Property
is in the custody of or deposited within any office or premise.
B.
OFFICE EQUIPMENT
Loss of, or damage to furnishings, fixtures, supplies, equipment, safes
or vaults within any of the INSUREDS offices directly resulting from robbery,
burglary or larceny (common law or statutory) of such offices, or attempt
thereat. Loss resulting from damage to
any office directly resulting from robbery, burglary or larceny (common law or
statutory) of such office, or attempts thereat is also covered, provided that
the INSURED is the owner of such offices, furnishings, fixtures, supplies,
equipment, safes or vaults or is legally liable for such loss or damage always
excepting, however, loss or damage
through fire and all loss to electronic data processing equipment.
III.
TRANSIT
Loss of Property directly resulting from robbery or larceny (common
law or statutory), mysterious disappearance, damage to or destruction while the
Property is in transit to any location:
a.
in an armored motor
vehicle, including loading and unloading thereof,
b.
in the custody of a
natural person acting as a messenger of the INSURED, or
c.
in the custody of a
Transportation Company while being transported in a conveyance which is not
an armored motor vehicle provided, except, that covered Property transported
in this manner is limited to the following:
1.
written records,
2.
securities issued in registered form or
negotiable instruments not payable to bearer, which are not endorsed or are
restrictively endorsed.
Coverage under this Transit Coverage begins upon the receipt of such Property
by the natural person acting as a messenger or as a representative of an
armored motor vehicle company or as a messenger or as a representative of the Transportation
Company and ends upon delivery to the premises of the addressee or to any
representative of the addressee.
IV.
FORGERY
OR ALTERATION
Loss to the INSURED directly resulting from:
a.
Forgery or
fraudulent material alteration of any bills of exchange, checks, drafts,
acceptances, certificates of deposits, promissory notes, money orders, orders
upon public treasuries, letters of credit or receipts for the withdrawal of Property,
or
b.
transferring,
delivering or paying any funds or other Property, or establishing any credit
or giving any value in good faith, and in the ordinary course of business on
written instructions or applications directed to the INSURED authorizing or
acknowledging the transfer, payment, delivery or receipt of funds or other Property,
which instructions or applications purport to bear the handwritten signature
of: (1) any Customer of the
INSURED, or (2) any shareholder or subscriber to shares of an Investment
Company, or (3) any banking institution, stockbroker or Employee but
which instructions or applications either bear a Forgery or a fraudulent
material alteration without the knowledge and consent of such Customer,
shareholder, subscriber to shares, banking institution, stockbroker, or Employee.
There is no coverage under this Forgery Or Alteration Coverage IV for
any loss covered under Coverage V. OR IX. of this bond, whether or not
Coverages V. or IX. are provided by this bond.
A mechanically reproduced facsimile signature is deemed to be the same
as a handwritten signature.
Form F-6000-0
2
V.
SECURITIES
Loss directly resulting from the INSURED, in good faith and in the
ordinary course of business, whether for its own account or for the account of
others having:
a.
acquired, accepted or received, sold,
delivered, given value, extended credit, or assumed liability upon any original
Securities, documents or other written instruments which:
1.
bear a Forgery or fraudulent material
alteration,
2.
have been lost or stolen, or
3.
are Counterfeit, or
b.
guaranteed in writing or witnessed
signatures upon transfers, assignments, bills of sale, powers of attorney,
guarantees, endorsements or other obligations in connection with any Securities,
documents or other written instruments which pass or purport to pass title to
them.
Actual and continued physical possession of such Securities, documents
or other written instruments by an Employee, Custodian, or a Federal or
State chartered deposit institution is a condition precedent to the INSURED
having relied on such items and release or return of such items will be deemed
to be an acknowledgement by the INSURED of not having relied on such items.
A mechanically reproduced facsimile signature is deemed to be the same
as a handwritten signature.
VI.
COUNTERFEIT
CURRENCY
Loss directly resulting from the receipt by the INSURED, in good faith
and in the ordinary course of business, of Counterfeit money orders,
currencies or coin of any country.
VII.
COMPUTER
SYSTEMS FRAUDULENT ENTRY
Loss to the INSURED directly resulting from fraudulent entry of data
into or the change of data elements or programs within the INSUREDS
proprietary Computer System or a Computer System operated or used by the
INSURED and stated in the application, if the fraudulent entry or change
results in:
a.
Property being transferred, paid or
delivered,
b.
an account of the INSURED, or of its Customer,
being added, deleted, debited, or credited, or
c.
an unauthorized account or a fictitious
account being debited or credited.
VIII. VOICE
INITIATED TRANSACTION
Loss to the INSURED directly resulting from a Voice Initiated
Transaction directed to the INSURED and authorizing the transfer of dividends
or redemption proceeds of Investment Company shares from a Customers
account, provided such Voice Initiated Transaction was:
a.
received at the INSUREDS offices by
those Employees of the INSURED authorized to receive the Voice Initiated
Transaction, and
b.
made by a person purporting to be a Customer,
and
c.
made by such person for the purpose of
causing the INSURED or Customer to suffer a loss or making an improper
personal financial gain for such person or any other person, and
d.
initiated pursuant to a preexisting
written agreement between the Customer and the INSURED.
In order for coverage to apply under this Coverage, all Voice
Initiated Transactions must be received and processed in good faith, and in
the ordinary course of business in accordance with the Procedures established
in the application.
IX.
TELEFACSIMILE
TRANSFER FRAUD
Loss to the INSURED directly resulting from the INSURED having, in good
faith, and in the ordinary course of business, transferred or delivered Funds,
certificated securities or uncertificated securities through a Computer System
covered under the Computer Systems Fraudulent Entry Coverage in reliance upon a
fraudulent instruction received through a Telefacsimile Device, and which
instruction was received at the INSUREDs offices by those Employees of the
INSURED authorized to receive the Telefacsimile Device instruction and which:
(1)
purports and reasonably appears to have
originated from
(a)
a Client of the INSURED,
(b)
another office of the INSURED, or
(c)
another financial institution, but, was not
originated by the Client or entity whose identification it bears and
Form
F-6000-0
3
(2)
such instruction contains a valid test code
which proves to have been used by a person who was not authorized to use it
and,
(3)
contains the name of a person authorized to
initiate such transfer; and
if the transfer was in excess of the Telefacsimile Transfer Fraud
Coverage Deductible stated in Item 3. of the Declarations Page, the instruction
was verified by a call-back according to a pre-arranged procedure.
For the purposes of this Coverage, Client means an entity or individual
which has through a written agreement with the INSURED authorized the INSURED
to rely on Telefacsimile Device instructions to initiate transfers and has
provided the INSURED with the names of persons authorized to make such
transfers, and with which the INSURED has established an instruction verification
procedure. Funds means money on deposit
in an account.
In addition to the Conditions and Limitations in the bond, the
following provisions are applicable to the Telefacsimile Transfer Fraud
Coverage:
Telefacsimile Device means a machine capable of sending or receiving an
image of a document by electronic means transmitted through a telephone line
and which reproduces the exact duplicate of the document on paper.
This Coverage (Telefacsimile Transfer Fraud) does not cover loss
resulting directly or indirectly from the assumption of liability by the
INSURED by contract unless the liability arises from a loss covered by the
Telefacsimile Transfer Fraud Coverage and would be imposed on the INSURED
without the existence of the contract.
Proof of loss for claim under this Coverage must include a copy of the
document reproduced by the Telefacsimile Device.
X.
UNCOLLECTIBLE
ITEMS OF DEPOSIT
Loss directly resulting from the INSURED, in good faith and in the
ordinary course of business, crediting an account of a Customer, shareholder
or subscriber based on any Items of Deposit which prove to be uncollectible,
if the crediting of said account causes:
a.
redemptions or withdrawals of the
account to be effected,
b.
shares to be issued, or
c.
payment of dividends, from an account of
an Investment Company.
In order for coverage to apply under this Coverage, the INSURED must
hold Items of Deposit for the minimum number of days stated in the
application before permitting any redemptions or withdrawals of the account,
issuing any shares or paying any dividends with respect to such Items of
Deposit.
Items of Deposit are deemed uncollectible when the INSUREDS standard
collection procedures have been utilized and have failed to result in
collection.
XI.
AUDIT
EXPENSE
Reasonable expense incurred by the INSURED for an audit or examination
required by any governmental regulatory authority or self-regulatory
organization and conducted by such authority, organization or their appointee
because of the discovery of loss sustained by the INSURED and covered by this
bond but only for the part of the audit or examination caused by said loss.
XII.
STOP
PAYMENT
Loss of 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:
(a)
for having either complied with or failed to
comply with any written notice of any Customer or any authorized
representative of such Customer to stop payment of any check or draft made or
drawn by such Customer or any authorized representative of such Customer or
(b)
for having refused to pay any check or draft
made or drawn by any Customer or any authorized representative of such Customer.
XIII.UNAUTHORIZED SIGNATURES COVERAGE
Loss to the INSURED directly resulting from the INSURED having in good
faith and in the ordinary course of business, accepted, paid or cashed any
check, withdrawal order, draft, made or drawn on a Customers account, which
bears the signature or endorsement of one other than a person whose name and
signature is on file with the INSURED as a signatory on such account. It shall be a condition precedent to the
INSUREDS right of recovery under this Coverage that the INSURED have on file
signatures of all persons who are signatories on such account.
Form F-6000-0
4
GENERAL CONDITIONS
A.
OTHER
COMPANIES INSURED UNDER THIS BOND
If more than one corporation, or Investment Company, or combination
thereof is included herein as the INSURED:
(1)
The total liability of the UNDERWRITER under
this bond for loss or losses sustained by one or more or all INSUREDS under the
Bond shall not exceed the limit for which the UNDERWRITER would be liable if
all losses were sustained by only one of them.
(2)
The first named INSURED shall be deemed to be
the sole agent of all of the other INSUREDS hereunder for all purposes under
this bond, including but not limited to giving or receiving any notice or proof
required to be given herein and for the purpose of effecting or accepting
amendments to or termination of this bond.
The UNDERWRITER shall give each Investment Company a copy of this bond
and any amendment hereto, a copy of each formal filing of claim by any other
named INSURED and the terms of the settlement of each claim prior to the
execution of such settlement.
(3)
The UNDERWRITER bears no responsibility under
this Bond for the proper application of any payment made to the first named
INSURED.
(4)
For the purposes of the bond, knowledge
possessed or discovery made by any partner, director, trustee, officer or
supervisory Employee of any INSURED constitutes knowledge or discovery by all
the INSUREDS.
(5)
If the first named INSURED for any reason,
ceases to be covered under this bond, then the INSURED next named shall
henceforth be considered as the first named INSURED for the purposes mentioned
in (2) above.
B.
NOTICE
TO UNDERWRITER OF MERGERS, CONSOLIDATIONS OR OTHER ACQUISITIONS
While this bond is in force, if the INSURED, other than an Investment
Company, merges or consolidates with, or purchases or acquires assets or
liabilities of another entity, the INSURED shall not have the coverage afforded
under this bond for loss which:
a.
has or will occur in offices or on
premises acquired, or
b.
has or will be caused by an Employee or
Employees acquired, or
c.
has or will arise out of the assets or
liabilities acquired, unless the INSURED:
i.
gives the UNDERWRITER written notice
of the proposed consolidation, merger, purchase or acquisition of assets or
liabilities prior to the proposed effective date of such action, and
ii.
obtains the written consent of the
UNDERWRITER to extend the coverage provided by this bond in whole or in part to
such additional exposure, and
iii.
upon obtaining such consent pays an
additional premium to the UNDERWRITER.
C.
CHANGE
OF CONTROL NOTICE TO UNDERWRITER
When the INSURED becomes aware of a change in control (other than in an
Investment Company), as defined in Section 2(a) (9) of the
Investment Company Act of 1940, the INSURED shall, within thirty (30) days,
give written notice to the UNDERWRITER setting forth:
(1)
the names of the transferors and transferees
(or if the voting securities are registered in another name the names of the
beneficial owners),
(2)
the total number of voting securities owned
by the transferors and the transferees (or the beneficial owners), both
immediately before and after the date of the transfer, and
(3)
the total number of outstanding voting
securities.
The failure to give the above required notice shall result in
termination of coverage as to any loss involving a transferee, effective on the
date of such change in control.
D.
REPRESENTATIONS
MADE BY INSURED
The INSURED represents to the UNDERWRITER that all information it has
furnished either in the application for this bond or other documentation is
complete, true and correct. Such
application and other documentation constitute part of this bond.
The INSURED must promptly notify the UNDERWRITER of any change in any
fact or circumstance that materially affects the risk assumed by the
UNDERWRITER under this bond.
Any intentional misrepresentation, omission, concealment or incorrect
statement of a material fact, in the application or related documentation,
shall be grounds for rescission of this bond.
Form F-6000-0
5
DEFINITIONS AND LIMITATIONS
I.
DEFINITIONS
For the purpose of the Coverage provided by this bond:
A.
Computer Systems means:
(1)
computers, including related peripheral and
storage components,
(2)
systems and applications software,
(3)
terminal devices, and
(4)
related communication networks
by which data is electronically assembled,
transmitted, processed, stored, and retrieved.
B.
Counterfeit means an imitation of an
actual and valid original which is intended to deceive and be taken as the
original.
C.
Custodian means the institution
designated by an Investment Company to have possession and control of its
assets.
D.
Customer means an individual,
corporation, partnership, trust, or LLC which is a shareholder or subscriber of
the INSURED.
E.
Employee means:
(1)
a corporate officer of the INSURED;
(2)
a natural person while in the regular service
of the INSURED at any of the INSUREDS offices and who is compensated directly
by the INSURED through its payroll system and subject to the United States
Internal Revenue Service Form W-2 or equivalent income reporting of other
countries, and whom the INSURED has the right to control and direct both as to
the result to be accomplished and details and means by which such result is
accomplished in the performance of such service;
(3)
an attorney retained by the INSURED or an
employee of such attorney while either is performing legal services for the
INSURED;
(4)
a person furnished by an employment
contractor to perform clerical, premises maintenance or security duties for the
INSURED under the INSUREDS supervision at any of the INSUREDS offices or
premises;
(5)
an employee of an institution which has been
merged or consolidated with the INSURED prior to the effective date of this
bond;
(6)
a student or intern pursuing studies or
performing duties in any of the INSUREDS offices;
(7)
each natural person, partnership or corporation
authorized by written agreement with the INSURED to perform services as an
electronic data processor of checks or other accounting records related to such
checks but only while such person, partnership or corporation is actually
performing such services and not:
a.
creating, preparing, modifying or
maintaining the INSUREDS computer software or programs; or
b.
acting as a transfer agent or in any
other agency capacity in issuing checks, drafts or securities for the INSURED;
(8)
a director or trustee of the INSURED, but
only while performing acts within the scope of the customary and usual duties
of an officer or Employee of the INSURED or while acting as a member of any
duly elected or appointed committee to examine, audit or have custody of or
access to Property of the INSURED; or
(9)
any partner, officer or employee of an
investment adviser, an underwriter (distributor), a transfer agent or
shareholder record keeper, or an administrator, for an Investment Company
while performing acts within the scope of the customary and usual duties of an
officer or employee of an Investment Company or acting as a member of any
duly elected or appointed committee to examine, audit or have custody of or
access to Property of an Investment Company.
The term Employee, shall not include any partner, officer or employee
of a transfer agent, shareholder record keeper or administrator:
a.
which is not an affiliated person (as
defined in Section 2(a) of the Investment Company Act of 1940) of an Investment
Company or of the investment advisor or underwriter (distributor) of such Investment
Company; or
b.
which is a bank (as defined in Section 2(a) of
the Investment Company Act of 1940).
Form F-6000-0
6
This coverage provided by the bond does not afford coverage in favor of
the employers of persons as set forth in (4) and (7) above, and in
the event of any payment to the INSURED by the UNDERWRITER directly resulting
from Larceny or Embezzlement committed by any of the partners, officers or
employees of such employers, whether acting alone or in collusion with others,
an assignment of the INSUREDS rights and causes of action as they may have
against such employers because of such acts shall, to the extent of such
payment, be given by the INSURED to the UNDERWRITER, and the INSURED shall
execute all documents necessary to secure the rights provided for herein.
Each employer of persons as set forth in (3), (4) and (7) above
and the partners, officers and other employees of such employers shall
collectively be deemed to be one person for the purposes of this bond,
excepting, however, the last paragraph of the Termination-Cancellation Section.
Independent contractors not specified in (3), (4) and (7) above,
intermediaries, agents, brokers or other representatives of the same type shall
not be considered Employees.
F.
Forgery means the signing of the name
of another person or organization with the intent to deceive with or without
authority, in any capacity, for any purpose but does not mean a signature which
consists in whole or in part of ones own name.
G.
Investment Company means an investment
company registered under the Investment Company Act of 1940 and as shown under
the NAME OF INSURED on the DECLARATIONS.
H.
Items of Deposit means one or more checks
or drafts drawn upon a financial institution in the United States of America.
I.
Larceny or Embezzlement means Larceny
or Embezzlement as set forth in Section 37 of the Investment Company Act
of 1940.
J.
Property means:
a.
currency,
coin, bank notes, or Federal Reserve notes (money), postage and revenue stamps,
U.S. Savings Stamps, securities, including notes, stock, treasury stock, bonds,
debentures, certificates of deposit;
b.
certificates
of interests or participation in any profit-sharing agreement, collateral trust
certificate, preorganization certificate or subscription, transferable share,
investment contract, voting trust certificate, certificate of deposit for a
security, fractional undivided interest in oil, gas, or other mineral rights,
interests or instruments commonly known as securities under the Investment
Company Act of 1940, any other certificate of interest or participation in,
temporary or interim certificate for, receipt for, guarantee of, or warrant or
right to subscribe to or purchase any of the foregoing;
c.
bills
of exchange, acceptances, checks, drafts, withdrawal orders, money orders,
travelers checks, letters of credit, bills of lading, abstracts of title, insurance
policies, deeds, mortgages of real estate and/or of chattels and interests
therein, assignments of such mortgages and instruments, including books of
accounts and written records used by the INSURED in the conduct of its
business; and
d.
electronic
representation of the instruments enumerated above (but excluding all
electronic data processing records) in which the INSURED acquired an interest
at the time of the INSUREDS consolidation or merger with, or purchase of the
principal assets of, a predecessor or which are held by the INSURED for any
purpose or in any capacity whether held gratuitously or whether or not the
INSURED is liable therefor.
K.
Securities, documents or other written
instruments means original (including original counterparts) negotiable or
non-negotiable instruments, or assignments thereof, which by themselves
represent an equitable interest, ownership, or debt and which are transferable
in the ordinary course of business by delivery of such instruments with any
necessary endorsements or assignments.
L.
Transportation Company means any entity
which provides its own or leased vehicles for transportation or provides
freight forwarding or air express services.
M.
Voice Initiated Election means any election
related to dividend options available to an Investment Company shareholders
or subscribers which is executed by voice over the telephone.
N.
Voice Initiated Redemption means any
redemption of shares issued by an Investment Company which is initiated by
voice over the telephone.
O.
Voice Initiated Transaction(s) means any Voice
Initiated Redemption or Voice Initiated Election.
Form F-6000-0
7
II.
EXCLUSIONS
A.
EXCLUSIONS
APPLICABLE TO ALL COVERAGES
This bond does not directly or indirectly cover:
(1)
loss not reported to the UNDERWRITER in
writing within thirty (30) days after termination of all of the Coverages under
this bond;
(2)
loss due to riot or civil commotion outside
the United States of America and Canada, or any loss due to military, naval or
usurped power, war or insurrection.
However, this exclusion shall not apply to loss which occurs in transit
under the circumstances enumerated in Coverage III TRANSIT, provided that when
such transit was undertaken there was no knowledge on the part of any person
acting for the INSURED in undertaking such transit of such riot, civil
commotion, military, naval or usurped power, war or insurrection;
(3)
loss resulting from dishonest acts of any
member of the Board of Directors or Board of Trustees of the INSURED who is not
an Employee, acting alone or in collusion with others;
(4)
loss, which in whole or in part, results
solely from any violation by the INSURED or by any Employee of any law, or
rule, or regulation pertaining to any law regulating:
a.
the
issuance, purchase or sale of securities,
b.
transactions
on security or commodity exchanges or over-the-counter markets,
c.
investment
advisors, or
d.
investment
companies
unless such loss, in the absence of such laws, rules or
regulations, would be covered under Coverages I. or IV.;
(5)
loss of potential income including, but not
limited to, interest and dividends not realized by the INSURED or by any Customer
of the INSURED;
(6)
loss resulting from indirect or consequential
loss of any nature;
(7)
any damages other than compensatory damages
(but not multiples thereof) for which the INSURED is legally liable, arising
from a loss covered under this bond;
(8)
loss resulting from the effects of nuclear
fission, fusion, radioactivity, or chemical or biological contamination;
(9)
loss resulting from the theft or misuse of
confidential information, material or data except that this exclusion shall not
apply to the transfer or payment of money;
(10)
costs, fees and expenses incurred by the INSURED in
proving the existence or amount of loss under this bond, provided however, this
EXCLUSION shall not apply to Coverage XI.;
(11)
loss resulting from voice requests or instructions
transmitted over the telephone, provided however, this EXCLUSION shall not
apply to Coverage VIII. and Coverage IX.;
(12)
loss sustained by one INSURED to the advantage of
any other INSURED, or subsidiary or entity in which the INSURED, its majority
shareholder, partner, or owner has a majority interest therein, provided that
an INSURED, upon discovery of the loss, can cause the principal sum to be
restored to the INSURED who suffered the loss.
B.
SPECIFIC
EXCLUSIONS APPLICABLE TO ALL COVERAGES EXCEPT COVERAGE I.
This bond does not directly or indirectly cover:
(1)
loss caused by an Employee, provided,
however, this EXCLUSION shall not apply to loss covered under Coverages II. or
III. which results directly from misplacement, mysterious disappearance, or
damage to or destruction of Property;
(2)
loss through the surrender of Property away
from an office of the INSURED as a result of a threat:
a.
to do bodily harm to any person, except
loss of Property in transit in the custody of any person acting as messenger
of the INSURED, provided that when such transit was undertaken there was no
knowledge by the INSURED or any person acting as messenger of the INSURED of
any such threat or
b.
to do damage to the premises or Property
of the INSURED;
(3)
loss involving Items of Deposit which are
not finally paid for any reason provided however, that this EXCLUSION shall not
apply to Coverage X.;
(4)
loss resulting from payments made or
withdrawals from any account involving erroneous credits to such account;
Form F-6000-0
8
(5)
loss of Property while in the mail;
(6)
loss of Property while in the custody of a Transportation
Company, provided however, that this EXCLUSION shall not apply to Coverage
III.;
(7)
loss resulting from the failure for any
reason of a financial or depository institution, its receiver or other
liquidator to pay or deliver funds or other Property to the INSURED but this
EXCLUSION shall not apply to loss of Property directly resulting from
robbery, burglary, misplacement, mysterious disappearance, damage, destruction
or abstraction from the possession, custody or control of the INSURED.
C.
EXCLUSIONS -APPLICABLE TO ALL COVERAGES
EXCEPT COVERAGES I., IV., V.
This bond does not directly or indirectly cover:
(1)
loss resulting from Forgery or any
alteration;
(2)
loss resulting from the complete or partial
non-payment of or default on any loan whether such loan was procured in good
faith or through trick, artifice, fraud or false pretenses;
(3)
loss involving a Counterfeit provided,
however, this EXCLUSION shall not apply to Coverage VI., X., and XIII.
III.
DISCOVERY
This bond applies only to loss first discovered by any partner,
director, trustee, officer or supervisory Employee of the INSURED during the
Bond Period. Discovery of loss is deemed
to occur at the earliest point that such individuals become aware of:
(1)
facts
which may subsequently result in a loss of a type covered by this bond, or
(2)
an
actual or potential claim in which it is alleged that the INSURED is liable to
a third party,
regardless of when the act or acts causing or contributing to such loss
occurred and even if the amount of actual or potential loss does not exceed the
applicable Deductible or the exact amount or details of the loss are not known.
IV.
NOTICE
PROOF LEGAL PROCEEDINGS AGAINST UNDERWRITER
(1)
At the earliest practicable time, not to
exceed thirty (30) days after discovery of the loss, the INSURED shall give the
UNDERWRITER notice thereof.
(2)
Within six (6) months after such
discovery, the INSURED shall furnish to the UNDERWRITER a proof of loss, duly
sworn to, with full particulars of the loss.
(3)
Securities issued with a certificate or bond
number shall be identified in a proof of loss by such numbers.
(4)
Legal proceedings for the recovery of any
loss under this bond shall not be brought prior to the expiration of sixty (60)
days after the proof of loss is filed with the UNDERWRITER or after the
expiration of twenty-four (24) months from the discovery of such loss.
(5)
This bond affords coverage only to the
INSURED. No claim, suit, action, or
legal proceedings shall be brought under this bond by anyone other than the
INSURED.
V.
LIMIT
OF LIABILITY/NON-REDUCTION AND NON-ACCUMULATION OF LIABILITY
Prior to the termination of this bond, it shall continue in force for
the limit stated in the applicable section of ITEM 3. of the DECLARATIONS,
notwithstanding any previous loss for which the UNDERWRITER may have paid or be
liable to pay under this bond provided, that the liability of the UNDERWRITER
under this bond with respect to all loss resulting from:
(1)
any one act of burglary, robbery or attempt
thereat, in which no Employee is concerned or implicated, or
(2)
any one unintentional or negligent act on the
part of any one person resulting in damage to or destruction or misplacement of
Property, or
(3)
all acts, other than those specified in (1) above,
of any one person, or
(4)
any one casualty or event other than those
specified in (1), (2), or (3) above,
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. The Limit of Liability shall not be cumulative
in amounts from year to year or from period to period.
Form F-6000-0
9
All acts, as specified in (3) above, of any one person which
directly or indirectly aid in any way wrongful acts of any other person or
persons or permit the continuation of wrongful acts of any other person or
persons whether such acts are committed with or without the knowledge of the
wrongful acts of the person so aided and whether such acts are committed with
or without the intent to aid such other person, shall be deemed to be one loss
with the wrongful acts of all persons so aided.
VI.
DEDUCTIBLE
The UNDERWRITER shall not be liable under any
Coverages under this bond because of loss 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 any amounts recovered under any bond or policy of
insurance issued by an insurance company and covering such loss, or recoveries
by the UNDERWRITER on account thereof prior to payment by the UNDERWRITER of
such loss, shall exceed the Deductible set forth in ITEM 3. of the
DECLARATIONS, and then for such amounts that are in excess of the deductible,
but in no event for more than the applicable Limit of Liability stated in ITEM
3. of the DECLARATIONS.
There is no Deductible applicable to any loss under Coverage I.
sustained by any Investment Company.
VII.
ATTORNEYS
FEES AND COURT COSTS
The UNDERWRITER will indemnify the INSURED for reasonable attorneys
fees and court costs incurred and paid by the INSURED in the defense, whether
or not successful, fully litigated on the merits or settled, of any suit or
legal proceeding brought against the INSURED to enforce the INSUREDS liability
or alleged liability because of any loss, claim or damage which, if established
against the INSURED, would constitute a loss sustained by the INSURED and
covered under the terms of this bond except that with respect to Coverage I.
this Section shall only apply in the event that:
(1)
an Employee acknowledges being guilty of Larceny
or Embezzlement,
(2)
an Employee is adjudicated guilty of Larceny
or Embezzlement, or
(3)
in the absence of (1) or (2) above,
an arbitration panel decides, after a review of any agreed statement of facts
between the UNDERWRITER and the INSURED, that an Employee would be found
guilty of Larceny or Embezzlement if such Employee were prosecuted.
The INSURED shall at the earliest practicable time, not to exceed
thirty (30) days after the discovery of any such claim, suit or legal
proceeding, and at the request of the UNDERWRITER, furnish copies of all
pleadings and relevant papers to the UNDERWRITER. The UNDERWRITER may, at its sole option,
elect to control the defense of all or part of such suit or legal
proceeding. The defense by the
UNDERWRITER shall be in the name of the INSURED through attorneys chosen by the
UNDERWRITER. The INSURED shall provide
all reasonable information and assistance required by the UNDERWRITER for such
defense.
If the amount demanded in a suit or legal proceeding is greater than
the Limit of Liability stated in ITEM 3. of the DECLARATIONS for the applicable
Coverage, or if a Deductible is applicable, or both, the UNDERWRITERS
liability for attorneys fees and court costs incurred in defending all or part
of such suit or legal proceeding is limited to the proportion of such attorneys
fees and court costs incurred that the Limit of Liability stated in ITEM 3. of
the DECLARATIONS for the applicable Coverage bears to the total of the amount
demanded in such suit or legal proceeding.
All amounts indemnified by the UNDERWRITER for attorneys fees and
court costs shall be in addition to the Limit of Liability stated in ITEM 3. of
the DECLARATIONS.
If the UNDERWRITER declines to defend the INSURED, no settlement or
judgment against the INSURED shall determine the existence, extent or amount of
coverage under this bond without the prior written consent of the UNDERWRITER
and the UNDERWRITER shall not be liable for any costs, fees and expenses
incurred by the INSURED.
VIII.VALUATION OF PROPERTY
The value of any loss of Property, other than books of account or
other records used by the INSURED in the conduct of its business, shall be
determined by the average market value of such Property on the business day
immediately preceding discovery of such loss except that the value of any Property
replaced by the INSURED with the consent of the UNDERWRITER prior to the
settlement of any claim for such Property, shall be the actual market value
at the time of replacement.
Form F-6000-0
10
In the event of a loss of interim certificates, warrants, rights or
other securities, (as used herein, options) which need to be presented to
exercise the subscription, conversion, redemption or deposit privileges, their
value shall be:
a.
if such options have not expired, the
average market value of such options on the business day immediately preceding
the discovery of such loss, or the actual market value at the time of agreed
replacement as provided in the preceding paragraph, or
b.
if such options have expired at the time
their loss is discovered, their market value immediately preceding their
expiration, or
c.
if no market price is quoted for such Property
or for such options, the value shall be determined by agreement between the
parties, or arbitration if the parties are unable to agree to the value.
The value of any loss of Property consisting of books of account or
other records used by the INSURED in the conduct of its business shall be the
amount paid by the INSURED for blank books, blank pages, or other materials
which replace the lost books of account or other records, plus the cost of
labor paid by the INSURED for the actual transcription or copying of data to
reproduce such books of account or other records.
IX.
VALUATION
OF PREMISES AND FURNISHINGS
In the event of loss or damage to any office of the INSURED or to the
furnishings, fixtures, supplies, equipment, safes or vaults, the UNDERWRITER
shall not be liable for more than the actual cash value thereof, or for more
than the actual cost of replacement or repair.
The UNDERWRITER may, at its option, pay actual cash value or make
replacement or repair. In the event the
UNDERWRITER and the INSURED cannot agree upon the actual cash value or the cost
of replacement or repair, it shall be determined by arbitration.
X.
SECURITIES
SETTLEMENT
In the event of a loss of securities covered under this bond, the
UNDERWRITER may, at its sole option, purchase replacement securities, tender
the value of the securities in money, or issue its indemnity in order to allow
the issuance of replacement securities.
Indemnity will be required from the INSURED under the terms of this Section against
all loss, cost or expense arising from the replacement of securities by the
UNDERWRITERS. The amount of such
indemnity from the INSURED shall be:
(1)
for securities having a value of less than or
equal to the applicable Deductible one hundred percent (100%);
(2)
for securities having a value greater than
the Deductible but within the applicable Limit of Liability the percentage
that the Deductible bears to the value of the securities;
(3)
for securities having a value greater than
the applicable Limit of Liability the percentage that the Deductible and the
portion in excess of the applicable Limit of Liability bears to the value of
the securities.
The value referred to in (1), (2), and (3) above is the value
provided for in SECTION VIII. VALUATION OF PROPERTY, regardless of the
value of such securities at the time the loss under the UNDERWRITERS indemnity
is sustained.
The UNDERWRITER is not required to issue its indemnity for any portion
of a loss of securities which is not covered by this bond; however, the
UNDERWRITER may do so at its sole option.
The INSURED shall pay the applicable proportion of the UNDERWRITERS
premium charge for the UNDERWRITERS indemnity as set for in (1), (2), and (3) above. No portion of the Limit of Liability shall be
used as payment of premium for any indemnity purchased by the INSURED to obtain
replacement securities.
XI.
SUBROGATION
ASSIGNMENT RECOVERY
In the event of a payment under this bond by the UNDERWRITER, the
UNDERWRITER shall be subrogated to all of the INSUREDS rights of recovery
against any person or entity to the extent of such payment. On the request of the UNDERWRITER, the
INSURED shall deliver to the UNDERWRITER an assignment of the INSUREDS rights,
title and interest and causes of action against any person or entity to the
extent of such payment.
Recoveries, whether realized by the UNDERWRITER or by the INSURED,
shall be applied after deducting the expense of such recovery, first to the
INSUREDS loss which would otherwise have been paid except that it exceeds the
applicable Limit of Liability, second, to the UNDERWRITER to amounts paid in
settlement of the INSUREDS claim and third, to the INSURED to the applicable
Deductible. Recovery from reinsurance
and/or indemnity of the UNDERWRITER shall not be a recovery under this section.
Form F-6000-0
11
XII.
COOPERATION
OF INSURED
At the UNDERWRITERS request and at reasonable times and places
designated by the UNDERWRITER, the INSURED shall submit to examination by the
UNDERWRITER and subscribe to the same under oath, produce for the UNDERWRITERS
examination and copying, at its own expense all relevant records, and cooperate
with the UNDERWRITER in all matters pertaining to the loss.
The INSURED shall execute all papers and provide assistance to secure
for the UNDERWRITER the rights and causes of action provided for under this
bond. The INSURED shall do nothing after
loss to prejudice such rights or causes of action.
XIII.OTHER INSURANCE
Coverage under this bond shall apply excess over any valid and
collectible insurance, indemnity or suretyship obtained by or on behalf of the
INSURED or a Transportation Company or other entity on whose premises the
loss occurred or which employed the person who caused the loss or engaged the
messenger conveying the Property which was the subject of the loss.
XIV.
TERMINATION-CANCELLATION
If the bond is for a single INSURED, it shall not be terminated or
canceled unless written notice is given by the acting party to the affected
party and to the Securities and Exchange Commission, Washington, D.C., not less
than sixty (60) days prior to the effective date of such termination or
cancellation.
If the bond is for a joint INSURED, it shall not be terminated or
canceled unless written notice is given by the acting party to the affected
party, and by the UNDERWRITER to all INSURED Investment Companies and to the
Securities and Exchange Commission, Washington, D.C., not less than sixty (60)
days prior to the effective date of such termination or cancellation.
This bond will terminate as to any one INSURED, other than an Investment
Company, immediately upon the 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 with another entity, disposition of all of its assets or otherwise.
The UNDERWRITER shall refund the unearned premium in accordance with
the standard short rate cancellation tables if terminated by the INSURED or pro
rata if terminated for any other reason.
Coverage will terminate as to any Employee:
(1)
at the time that any partner, director,
trustee, or officer or supervisory Employee not acting in collusion with such
Employee, learns of any dishonest act committed by such Employee at any
time, whether in the employment of the INSURED or otherwise, whether or not
such act is of the type covered under this bond, and whether against the
INSURED or any other person or entity or
(2)
sixty (60) days after the receipt by each
INSURED and by the Securities and Exchange Commission, Washington, D.C., of a
written notice from the UNDERWRITER of its desire to terminate this bond as to
such Employee.
XV.
CHANGE
OR MODIFICATION
No change in or modification of this bond shall be effective except by
written rider to this bond issued by an Authorized Representative of the
UNDERWRITER.
If this bond is for a single INSURED, no change or modification which
adversely affects the rights of the INSURED shall be effective prior to sixty (60)
days after written notice of such change or modification has been furnished to
the Securities and Exchange Commission, Washington, D.C., by the acting party.
If this bond is for a joint INSURED, no change or modification which
adversely affects the rights of the INSURED shall be effective prior to sixty
(60) days after written notice of such change or modification has been
furnished to all insured Investment Companies and to the Securities and
Exchange Commission, Washington, D.C., by the UNDERWRITER.
Form
F-6000-0
12
RIDER
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|
To be attached to and form part of Investment
Company Bond, No. FI 0240322
in favor of
RMR F.I.R.E. Fund
This bond has been signed by our President and Secretary, but it shall
not be binding unless countersigned on the Declarations page by our duly
authorized representative.
|
|
Brian
S. Becker, Secretary
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David
Zwiener, President
|
MANDATORY
ADOPTED MAY 2003
Form F-6016-0
1
RIDER
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|
|
To be attached to and form part of Investment Company Bond, No FI
0240322 in favor of RMR F.I.R.E. Fund
It is agreed that:
1.
GENERAL CONDITIONS
,
B. NOTICE TO UNDERWRITER OF MERGERS, CONSOLIDATIONS OR OTHER ACQUISITIONS is
amended to include the following paragraph:
If the INSURED shall, while this bond is in force, establish any new Investment
Companies other than by consolidation or merger with, or purchase or
acquisition of assets or liabilities of, another institution, such Investment
Companies shall automatically be covered hereunder from the date of such
establishment without the payment of additional premium for the remainder of
such Bond Period.
2.
If the INSURED shall, while this bond is
in force, require an increase in limits to comply with SEC Reg. 17g-1, due to
an increase in asset size of current Investment Companies covered under this
bond or the addition of new Investment Companies, such increase in limits
shall automatically be covered hereunder from the date of such increase without
the payment of additional premium for the remainder of the Bond Period.
3.
Nothing herein is intended to alter the
terms, conditions and limitations of the bond other than as stated above.
4.
This rider shall become effective as of
12:01 a.m. on 12/18/2007 standard
time.
AMEND GENERAL CONDITIONS B.
NOTICE TO UNDERWRITER OF MERGERS,
CONSOLIDATIONS OR OTHER ACQUISITIONS RIDER
ADOPTED MAY 2003
Form F-6018-0
1
RIDER
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|
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To be attached to and form part of Investment
Company Bond, No. FI 0240322 in favor of RMR F.I.R.E. Fund
It is agreed that:
1.
The number of days notice is amended as
follows:
Number of Days Notice: 90
The number of days notice to be given, by
the UNDERWRITER, prior to termination or cancellation as provided in
DEFINITIONS AND LIMITATIONS
, XIV. TERMINATION-CANCELLATION
is increased to the number of days shown above but in no event less than 90
days.
2.
This rider shall become effective as of
12:01 a.m. on December 18, 2007 standard time.
INCREASE NUMBER OF DAYS NOTICE
TERMINATION-CANCELLATION
ADOPTED MAY 2003
Form F-6019-0
1
Assistant Secretarys Certificate
I,
Karen Jacoppo-Wood, Assistant Secretary of RMR F.I.R.E.
Fund (the Trust)
, hereby certify that the following resolutions
were adopted by the Board of Trustees of the Trust (all voting) and separately
by a majority of the Trustees who are not interested persons of the Trust, as
such term is defined in the Investment Company Act of 1940, as amended, (the 1940
Act), at a meeting duly called and held on February 27, 2008, at which a
quorum was present and acting throughout:
RESOLVED
, that a fidelity bond written by Hartford Casualty Insurance Company (Hartford)
having an aggregate coverage of $400,000 be, and it hereby is, approved, it
having been determined to be reasonable in form and amount, after giving due
consideration to all factors deemed relevant by this Board, including, among
other things, the value of the aggregate assets of the Trust to which any
covered person may have access, the arrangements for custody and safekeeping of
such assets, and the nature of the securities in its portfolio; and further
RESOLVED
, that the officers (and each individually) of the Trust be, and hereby
are, authorized to file or cause to be filed a copy of the fidelity bond and
the appropriate notices with the Securities and Exchange Commission in
accordance with paragraph (g) of Rule 17g-1 under the 1940 Act; and
further
RESOLVED
, that the Board of Trustees hereby determines that the annual premium of
$1,531 for the fidelity bond, issued by Hartford, is fair and reasonable and that
the annual premium for the fidelity bond be, and hereby is, ratified and
approved.
IN WITNESS WHEREOF, I have hereunto set my hand this
20th day of March 2008.
/s/
Karen Jacoppo-Wood
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Karen
Jacoppo-Wood
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Assistant
Secretary
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